Removal proceedings are the formal process through which the government seeks to deport non-citizens from the United States. These proceedings take place in immigration court before an immigration judge and involve multiple hearings, legal arguments, and potentially lengthy delays. Understanding what to expect helps you prepare for each stage and work effectively with your attorney to present the strongest possible case. Knowing the process reduces anxiety and allows you to participate meaningfully in your own defense.
The Notice to Appear
Removal proceedings begin when the Department of Homeland Security issues a Notice to Appear, commonly called an NTA. This document formally charges you with being removable from the United States and specifies the legal grounds for removal. The NTA includes factual allegations about your immigration status and the specific provisions of immigration law that apply to your case.
Receiving an NTA does not mean you will be deported. It means you must appear in immigration court to respond to the charges. Review the NTA carefully with an attorney to understand exactly what you are charged with and what potential defenses may apply. Some allegations in the NTA may be incorrect, and challenging them can be part of your defense strategy.
Master Calendar Hearings
The first hearing in removal proceedings is typically a master calendar hearing, which is similar to an arraignment in criminal court. During this hearing, the judge will ask you to respond to the charges in the NTA, either admitting or denying the factual allegations. You will also be asked whether you wish to apply for any relief from removal.
Master calendar hearings are usually brief and involve multiple cases scheduled at the same time. This is not the hearing where evidence is presented or your case is decided on the merits. The purpose is to establish the charges, identify potential forms of relief, and schedule future hearings. Having an attorney at this early stage helps ensure you properly preserve your rights and options.
Individual Merits Hearing
If you are seeking relief from removal, your case will be scheduled for an individual merits hearing where your application is actually decided. This is similar to a trial, with testimony, evidence, and legal arguments. You may testify on your own behalf and call witnesses to support your case. The government's attorney will have the opportunity to cross-examine you and your witnesses.
The immigration judge considers all evidence and testimony in deciding whether you qualify for the relief you requested. The burden is usually on you to prove eligibility for relief. The hearing may take several hours, and in complex cases, may be scheduled over multiple days. Thorough preparation with your attorney is essential for presenting a compelling case.
Evidence and Documentation
Building a strong case requires gathering extensive evidence to support your application. Documentation requirements vary depending on the type of relief you are seeking. For asylum, this may include country condition evidence, medical records documenting persecution, and statements from witnesses. For cancellation of removal, you need proof of continuous residence and evidence of hardship to qualifying relatives.
Personal declarations explaining your circumstances in detail are typically important components of your case. Supporting affidavits from family members, employers, community leaders, and others who can speak to your character and ties to the United States strengthen your application. Expert witnesses may be helpful in certain cases. Working with your attorney to identify and compile all relevant evidence is crucial.
Interpreters and Language Issues
Immigration court provides interpreters for those who do not speak English fluently. You have the right to proceedings in a language you understand. If you need interpretation, make this known from the beginning of your case. However, court interpreters vary in quality, and having your own documents professionally translated can help ensure accuracy.
Language barriers can create challenges throughout the process. If you do not understand something during a hearing, ask for clarification. Your attorney should explain things in your language or through an interpreter. Do not sign or agree to anything you do not fully understand. Clear communication is essential for protecting your rights and presenting your case effectively.
Detention During Proceedings
Some individuals remain detained throughout their removal proceedings, while others are released on bond or other conditions. Bond hearings determine whether you can be released and at what amount while your case proceeds. To be granted bond, you must generally show you are not a flight risk and do not pose a danger to the community.
Certain categories of individuals face mandatory detention and are not eligible for bond. For those who can request bond, presenting evidence of community ties, employment, family connections, and lack of criminal history supports the request. Fighting for release from detention is often a critical early priority in removal cases.
Appeals Process
If the immigration judge orders you removed, you have the right to appeal to the Board of Immigration Appeals. Appeals must be filed within 30 days of the judge's decision. Filing an appeal may allow you to remain in the United States while the appeal is pending, though this is not guaranteed in all cases.
The Board of Immigration Appeals reviews the record from the immigration court and considers whether the judge made errors of law or fact. If the Board rules against you, further appeal to the federal circuit court may be possible in some cases. The appeals process is complex and time-sensitive, requiring experienced legal representation.
Preparing for Your Hearings
Thorough preparation is essential for success in removal proceedings. Arrive early to court hearings and dress professionally. Bring all original documents along with copies. Know your case number and have your attorney's contact information available. Court procedures can be confusing, and being organized helps reduce stress.
Work closely with your attorney to prepare your testimony. Practice answering questions about your case honestly and completely. Understand the legal standards you must meet for the relief you are seeking. Being well-prepared demonstrates to the judge that you take your case seriously and strengthens the overall presentation of your defense.