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Deportation and Removal Proceedings in Immigration Court
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An important part of U.S. law is the concept of “due process,” under which people’s legal rights must be respected in a just and fair manner, and they must receive notice of any charges against them and given a chance to be heard and to defend themselves before the authorities take any punitive action.
When applied to immigrants, the rights of due process means that, in many cases, they must be given a chance to present a defense and apply for any available relief before being removed from the United States. A whole network of immigration courts operates across the United States, under the Executive Office of Immigration Review (EOIR), which is part of the Department of Justice.
Understanding the Removal Laws and Processes
When, why, and how the U.S. can deport (remove) people and return them to their home countries.
Learn the circumstances under which a person can be removed (deported) from the United States.
Any non-citizen in the United States can be deported or legally removed from the country under specific conditions. Find out how to avoid this problem.
If you are facing removal proceedings (deportation) and you have no legal means of remaining in the United States, you may qualify to request the Department of Homeland Security (DHS) or an Immigration Judge to allow you to leave voluntarily and avoid the stain of a removal order on your record.
How people end up in removal proceedings, the NTA, and initial hearings.
Last-chance possibilities to reopen your case or otherwise avoid deportation.
Information about the agency that often initiates removal proceedings.
Strategies to Defend Against Removal
Overview of removal grounds and process.
Cómo disputar el proceso de deportación.
How agreeing to depart the U.S. voluntary can help protect your future right to return.
Opportunities to argue with efforts to deport you and claim relief from removal.
An option for people who fear returning to their home country because they have faced or would face persecution by its government or a force beyond the government's control.
Attending Immigration Court Hearings
What to expect when at a hearing to consider your defense to removal from the United States.
First steps upon receiving a notice to appear (NTA) in immigration court.
Why going it alone is a bad idea -- and how an attorney can help in ways you never anticipated.
Unlike in criminal court, “public defenders” are not provided for immigrants in removal (also called deportation) proceedings -- at least, not to present your case in its entirety.
You may need to provide your fingerprints in connection with processing your request for relief from removal.
Consequences of failing to attend a hearing, and how to request a rescheduling.
Cancellation of Removal (for Long-Term U.S. Residents)
Overview of this unique defense against removal, available only to people who have lived in the U.S. for several years.
Suspension of Deportation
NACARA provides various forms of immigration benefits, including a form of relief from deportation or removal called "suspension of deportation."
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