If you believe you may be at risk of deportation or removal proceedings, learn what you should do to keep it from happening in this post.
The thought of possible removal proceedings can send any U.S. immigrant’s life spiraling for a time. Some may not even realize they have begun, not until they get a mail or when Immigration and Customs Enforcement (ICE) officers suddenly show up at their home.
If you think you or a loved one may be in a removal proceeding, it’s extremely important to understand how the immigration system works. This guide provides general information on how to act during removal proceedings and why a qualified immigration attorney can be of great help.
Key Takeaways:
• A removal proceeding determines whether the person involved will be deported, based on the allegations presented.
• These proceedings begin when an immigrant gets a notice to attend a hearing.
• You can be placed in removal proceedings with violations such as visa overstays and certain criminal convictions.
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Table of Contents
A removal proceeding, also called deportation proceedings, is the process by which the U.S. government decides whether a non-citizen or an alien should be sent back to their home country or not.
The immigration court, which operates under the Department of Justice’s Executive Office for Immigration Review (EOIR), handles these proceedings.
During a removal proceeding, the government, represented by the Department of Homeland Security (DHS), files charges against the respondent and presents factual allegations to justify why the person should be deported.
This document is issued by the Department of Homeland Security (DHS), typically through ICE or CBP. In limited cases, USCIS may issue an NTA after denying an immigration benefit.
It tells you that removal proceedings against you have started. The NTA breaks down all the charges and allegations against you and informs you that you should appear before an immigration judge.
The document usually includes:
• Your full name and address
• Your alien number (A-number)
• Entry or admission details
• Alleged violations under the immigration law
• The date, time, and place for the first hearing
Failing to appear at the hearing may result in an in absentia removal order, which is a serious situation. When moving to a new home, update your address with USCIS right away and notify the immigration court.
You can still request to reopen the order if you can show that you never got a proper notice, or you were in exceptional circumstances. However, strict time limits may apply.
On a random day, you may find yourself facing deportation proceedings for these reasons:
• Visa overstays
• Failure to maintain lawful status
• Criminal convictions involving domestic violence, firearm offenses, and controlled substances violations
• Re-entry after a prior deportation
• Fraudulent marriage
• False information on immigration forms
• Denial of green card, asylum, or citizenship applications
Check your case status with these options to see if you’re under removal proceedings:
Call the EOIR Automated Case Information System at 1-800-898-7180. Enter your A-number when prompted.
The system will inform you about your upcoming court hearing, immigration court location, and the status of your case.
Visit the EOIR’s official case status website. Enter your A-number to see your next master calendar or individual hearing, your immigration judge, and previous court decisions or immigration appeals.
Contact your lawyer if you see an upcoming hearing date so you can discuss your options.
Here’s how you should respond to an NTA in case you get one.
Pay attention to the court hearing notice when you get it. Failing to appear can result in an order of removal issued in your absence. You may not be able to appeal later or adjust your status through immigration services.
Your immigration lawyer can help you:
• Verify your immigration court case.
• Review factual allegations.
• Help you draft a response to an NTA.
• Assist you in preparing for the first hearing.
• Represent you at all stages of the immigration proceedings.
Your attorney will also evaluate if you’re qualified for relief options to help you stay in the U.S. in the meantime.
Bring the following documents to your lawyer:
• Visa and passport.
• Green card, work permit, or deferred action documentation.
• Prior immigration notices or letters.
• Criminal court records, if applicable.
• Proof of employment, long-term U.S. residence, and family ties.
Organized evidence helps your counsel build a stronger defense to win your case.
This refers to the first hearing in immigration court. It’s a short, procedural hearing where the judge does the following:
• Confirm your identity and address.
• Review the charges from the NTA.
• Ask if you admit or deny any of the allegations.
• Determine if you already have an attorney or if you need one.
• Schedule your individual hearing.
If you’re represented, your lawyer can enter a plea, challenge jurisdiction, and ask for more time to prepare.
This is your best opportunity to present your defense at court. Your counsel and the DHS attorney will present evidence, witnesses, and legal arguments.
After this hearing, the immigration judge may decide on the following:
• Removal granted: You’re ordered deported to your home country.
• Relief granted: Your application for relief, like asylum or a green card, has been approved.
• Case continued: You need additional evidence or documentation.
File a convincing appeal with the Board of Immigration Appeals (BIA) within 30 days after the written decision to challenge a removal proceeding, and hopefully put the deportation process on hold.
Our St. Louis lawyers can make a difference in your case. Work with them now.
Hire a St. Louis Immigration Attorney
If ICE believes you’re a flight risk or a danger to the community, you may be detained. When you’re detained, you won’t be deported automatically, but it can make your case more urgent to the court.
Here’s what you should do if you’re detained:
• Contact your immigration attorney right away.
• Give your A-number to family members so they can locate you using the ICE detainee locator.
• Consult with your attorney about bond hearings or the requirements for release.
Depending on your current circumstances, you may receive these forms of relief from an immigration judge:
You can be permitted to leave the U.S. voluntarily instead of being formally deported. However, in some cases, it may require leaving at your own expense, and failing to do so can result in harsher penalties.
Apply for asylum or any other similar protection if you’re being persecuted in your home country.
Long-term immigrants with good moral character may be eligible for this relief option.
If you’re eligible for a family petition, marriage, or other means, you may be able to adjust to lawful permanent resident status.
Some individuals may be allowed to stay in the U.S. temporarily without risk of deportation.
If the immigration court denies your case, you can appeal to the BIA. Your attorney can help you craft the appeal, submit new evidence, and explain why the court made an error.
Take your case to the federal court for further review under limited circumstances should the BIA deny your appeal.
Government policy changes, especially in between administrations, have impacted how Homeland Security and ICE conduct deportations. These policies may affect who is and will be targeted, detained, or denied relief under the INA.
You have to stay informed and work with a seasoned immigration attorney to protect your rights and status as you live every day of your life in the United States.
Finding yourself in removal proceedings is stressful enough. Act now before you get a surprise court hearing notice to fight for your right to remain in the United States. The right strategy can help you win your case despite all the hurdles immigration may bring.
If you get an NTA or suspect that removal proceedings are already happening, take action now. Message our lawyers from Hacking Immigration Law, LLC, to get the best legal counsel. Our experienced attorneys will help you compile evidence and defend your case to protect you, your family, and the future you’ve worked so hard for.
Schedule a call with us now!
