What Happens During Removal Proceedings in Immigration Court?

Receiving a Notice to Appear (NTA) from the Department of Homeland Security can be an unsettling experience, marking the start of a complex legal journey. Understanding what happens during removal proceedings is the first step toward building a strong defense. This guide provides a clear overview of the process to help you and your family navigate the immigration court system.

Why Are Immigrants Placed in Removal Proceedings?

The government initiates removal (deportation) proceedings for various reasons. The process officially begins when you are served with an NTA, which orders you to appear before an immigration judge. Common triggers for receiving an NTA include:

• Visa Violations: Overstaying a visa, working without authorization, or otherwise violating the terms of your admission to the United States.
• Criminal Records: Convictions for certain criminal offenses can make non-citizens, including lawful permanent residents, deportable.
• Denied Asylum Applications: An applicant whose asylum claim is not granted by an asylum officer may be referred to immigration court to pursue their case before a judge.
• Unlawful Entry: Entering the country without inspection or legal permission.

What Happens During a Typical Immigration Court Hearing?

Immigration court cases generally involve two main types of hearings. The first is the Master Calendar Hearing, which is a preliminary proceeding. During this hearing, you will appear before an Immigration Judge along with many other individuals. The judge will confirm your personal information, explain your rights, review the charges on the NTA, and ask you to admit or deny the government’s allegations. This is also when you will state what forms of relief or protection from removal you intend to seek.

If you have a potential defense against removal, the court will schedule an Individual (Merits) Hearing. This is a much more detailed and formal proceeding, similar to a trial. You, your attorney, and any witnesses will present testimony and evidence to support your case. The government attorney, representing the Department of Homeland Security, will also present their case and may cross-examine you and your witnesses. The Immigration Judge will listen to both sides before making a final decision.

What Defense Options Are Available in Removal Proceedings?

Several legal remedies may be available to you, depending on your specific circumstances. An experienced attorney can help determine your eligibility for relief. Potential defenses include:

• Asylum: For individuals who fear persecution in their home country.
• Cancellation of Removal: Available for certain lawful permanent residents or non-permanent residents who meet strict residency and character requirements.
• Adjustment of Status: Allows certain individuals to apply for a green card (lawful permanent residence) while in court, often through a family or employment-based petition.
• Voluntary Departure: An option that allows you to leave the U.S. at your own expense by a certain date to avoid a formal order of removal, which has severe future immigration consequences.

When Should You Contact an Immigration Attorney for Removal Proceedings?

You should contact a qualified immigration attorney as soon as you receive a Notice to Appear. Immigration law is extraordinarily complex, and the stakes in removal proceedings are incredibly high. An experienced legal professional can analyze your case, identify the strongest forms of defense, and ensure all documents are filed correctly and on time.

When it comes to removal proceedings, having legal representation significantly increases your chances of a positive outcome. Our team at Villarrubia & Rosenberger, P.C., provides the dedicated, client-focused guidance needed to navigate this challenging process and fight to protect your future in the United States.