How removal proceedings begin
Removal (deportation) proceedings begin when the Department of Homeland Security (DHS) — through ICE, CBP, or USCIS — files a Notice to Appear (NTA) with the immigration court. The NTA charges the individual with being inadmissible or deportable under the Immigration and Nationality Act. The government bears the burden of proving deportability; once established, the respondent must demonstrate eligibility for relief.
Anyone present in the US, regardless of entry method or visa status, has the right to appear before an immigration judge before being removed, with limited exceptions (expedited removal for those apprehended near the border or with very recent entry). There is no right to a government-appointed attorney in immigration court — respondents can hire a lawyer, qualify for free legal services, or represent themselves (pro se).
The master calendar and individual hearings
The process has two main hearing types. The master calendar hearing is an initial procedural hearing (typically 5–15 minutes) where the respondent acknowledges receipt of the NTA, admits or denies the charges, designates a country of removal, and identifies any forms of relief they will seek (asylum, cancellation of removal, adjustment of status, etc.). Individual hearing dates are scheduled — this is where the full case is heard, with witness testimony and evidence.
Individual hearings are scheduled based on court availability. Due to the 3+ million case backlog, individual hearing dates in major immigration courts (Los Angeles, New York, Chicago, Miami, Chicago) are currently being scheduled 3–7+ years from the initial NTA filing.
Forms of relief in immigration court
Immigration judges can grant various forms of relief to prevent removal: asylum (protection from persecution), withholding of removal (higher standard than asylum, no path to green card), Convention Against Torture (CAT) protection, cancellation of removal for permanent residents (10 years of LPR status, extreme hardship) or for non-permanent residents (10 years of continuous presence, good moral character, exceptional hardship to US citizen/LPR relatives), adjustment of status (if eligible through family or employment), and voluntary departure.
If the immigration judge denies all relief, the respondent can appeal to the BIA (Board of Immigration Appeals), typically within 30 days. BIA decisions can be reviewed by federal circuit courts of appeals. Ultimately, the US Supreme Court has jurisdiction over constitutional questions.
Related Questions
What happens if I miss my immigration court hearing?
If you fail to appear at a scheduled hearing and have been properly served with notice, the immigration judge may order removal in absentia (in your absence) without further proceedings. This in absentia order is very difficult to reopen.
Can I get a free lawyer for immigration court?
The government does not provide free legal representation in immigration court (unlike criminal court). However, nonprofit legal service organizations, law school clinics, and pro bono programs provide free or low-cost representation. Find legal aid at EOIR's legal orientation program or lawhelp.org.
What is the BIA?
The Board of Immigration Appeals (BIA) is EOIR's appellate tribunal, located in Falls Church, Virginia. It reviews immigration judge decisions and publishes precedent decisions interpreting immigration law. BIA decisions are binding on immigration courts nationwide.
Can removal proceedings be closed or administratively closed?
Yes. Immigration judges have discretion to administratively close or terminate proceedings in some circumstances — for example, when USCIS has a pending petition that may resolve the case, or in cases involving prosecutorial discretion. Administrative closure suspends proceedings but does not terminate them.
Can I work in the US while in removal proceedings?
Being in removal proceedings does not automatically authorize work. You may apply for employment authorization (EAD) if you have a pending asylum application (after 180 days) or if you have a separate work authorization basis (pending adjustment of status, etc.).
Official Sources
This guide is general information, not legal advice. Fees and processing times change; always confirm with the official government source before acting.