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Removal Proceedings (Deportation)

Removal proceedings are cases in US immigration court, run by the Department of Justice's EOIR, in which an immigration judge decides whether a noncitizen can stay in the United States or must be removed (deported).

Written by the NorthAmericans Editorial TeamLast verified: Expert review in progress
On this page
  1. How it works
  2. Frequently asked questions
  3. Official sources

How it works

  1. DHS serves a Notice to Appear (Form I-862) listing the charges.
  2. At a first short hearing (master calendar), you respond to the charges and say what relief you want.
  3. At an individual hearing, the judge hears evidence on requests such as asylum, cancellation of removal, or adjustment of status.
  4. The judge decides. Either side can appeal to the Board of Immigration Appeals.

Missing a hearing usually leads to a removal order. A removal order can also trigger long bars to returning. People in proceedings have the right to a lawyer, but not at government expense, so contact a licensed immigration lawyer or accredited representative right away. See EOIR.

Frequently asked questions

What is a Notice to Appear?

The charging document that starts removal proceedings and tells you where to go to court.

Can I get a green card during removal proceedings?

Sometimes, by asking the immigration judge. Get legal advice.

What is voluntary departure?

Permission to leave the US at your own expense by a set date, which can avoid some penalties of a removal order.

Official sources

  1. DOJ: EOIRjustice.gov
  2. EOIR: Automated Case Informationacis.eoir.justice.gov

General information, not legal advice. NorthAmericans.com is independent and not affiliated with any government.