If you or a family member has been placed in removal proceedings (deportation), understanding your rights and options is critical. Removal proceedings take place in immigration court before an immigration judge — not USCIS. You have the right to an attorney (though the government will not provide one), the right to present evidence, and the right to appeal.
Key Facts
Immigration court is separate from USCIS. You have the right to legal representation (at your own expense). Multiple forms of relief may be available even after deportation proceedings begin. Acting quickly is essential — deadlines in immigration court are strict.
What Are Removal Proceedings?
Removal proceedings (commonly called deportation proceedings) begin when the Department of Homeland Security (DHS) issues a Notice to Appear (NTA) charging a noncitizen with being removable from the United States. The case is heard by an immigration judge in immigration court, which is part of the Executive Office for Immigration Review (EOIR) under the Department of Justice. You have the right to be represented by an attorney (at your own expense), present evidence, call witnesses, and appeal an unfavorable decision.
Common Grounds for Removal
DHS can initiate removal proceedings based on unlawful presence (entering without inspection or overstaying a visa), criminal convictions (certain crimes trigger mandatory removal), immigration fraud or misrepresentation, visa violations (unauthorized employment, failure to maintain status), public charge (becoming primarily dependent on government benefits), security and terrorism-related grounds, and failure to register or falsification of documents.
Defense Strategies
Several forms of relief from removal are available depending on your circumstances:
Cancellation of Removal: For permanent residents (5 years LPR + 7 years continuous residence + no aggravated felony) or non-permanent residents (10 years continuous presence + good moral character + exceptional hardship to qualifying relative).
Asylum: If you fear persecution in your home country based on race, religion, nationality, political opinion, or social group membership. Must generally be filed within 1 year of arrival.
Withholding of Removal: Higher standard than asylum but no 1-year filing deadline. Prevents removal to a specific country where persecution is more likely than not.
Convention Against Torture (CAT): Prevents removal to a country where you would more likely than not be tortured by or with the acquiescence of the government.
Voluntary Departure: Leaving the U.S. voluntarily avoids a formal removal order (which may require an I-212 waiver to return). A formal removal order and its associated re-entry bars.
Adjustment of Status: If you have an approved family or employment petition, you may be able to adjust status to permanent residence during removal proceedings.
Prosecutorial Discretion: DHS can exercise discretion to close, terminate, or deprioritize your case based on factors like length of U.S. residence, family ties, community contributions, and lack of criminal history.
The Immigration Court Process
After receiving the NTA, your case is scheduled for a master calendar hearing (initial appearance) where you confirm your identity, respond to the charges, and indicate what relief you are seeking. Subsequent individual hearings allow you to present your full case — evidence, witness testimony, and legal arguments. The immigration judge issues a decision either orally at the hearing or in a written decision. If ordered removed, you can appeal to the Board of Immigration Appeals (BIA) within 30 days.
Immigration Bond
If you are detained by ICE during removal proceedings, you may be eligible for an immigration bond to secure your release while your case is pending. Bond amounts typically range from $5,000 to $25,000. Not all detainees are eligible — individuals subject to mandatory detention (certain criminal convictions, terrorism grounds) may not be released on bond.
Finding Legal Help
Immigration court is complex and the stakes are high. Individuals with legal representation are significantly more likely to win their cases. If you cannot afford an attorney, contact your local legal aid society, the AILA (American Immigration Lawyers Association) lawyer referral service, law school immigration clinics, or nonprofit organizations that provide free immigration legal services. The immigration court does not provide free attorneys, but many organizations offer pro bono representation for removal cases.
Act immediately: If you receive a Notice to Appear, consult an immigration attorney as soon as possible. Do not ignore the NTA — failure to appear at your hearing results in an in absentia removal order, which is extremely difficult to reopen. Time limits for filing relief applications are strict and missing them can be fatal to your case.
Last verified: April 2026 · Reviewed by USImmigrationLaw.Today editorial team.