Representation in removal proceedings before the immigration court.
How removal proceedings begin
Removal proceedings generally begin when the Department of Homeland Security files a Notice to Appear with the immigration court, alleging the factual and legal basis on which the government believes a person is removable. The notice sets out the specific grounds at issue, which shapes the entire case that follows.
The hearing structure
Removal cases proceed through a series of hearings before reaching a final decision.
- Master calendar hearings: brief, administrative hearings addressing pleadings, scheduling and identifying the relief being pursued.
- Merits hearing: a substantive hearing where evidence and testimony are presented and the immigration judge decides the case.
- Decision: the immigration judge issues a ruling, which either party may appeal within the applicable deadline.
Forms of relief from removal
Whether any form of relief applies depends entirely on the individual's specific facts, immigration history and the current state of the law. Common categories include, without exhaustively listing every possibility available in a given case, asylum and related protections, cancellation of removal, adjustment of status and voluntary departure. None of these is available in every case, and eligibility for each has its own detailed requirements.
Building the record
A removal case is decided on the evidentiary record: testimony, documents, and, in some cases, expert evidence. Preparing that record (including gathering documentation that may take considerable time to obtain, such as records from abroad) is often the most time-sensitive part of the defense.
Answers
Frequently asked questions
- What should I do if I receive a Notice to Appear?
- The notice should be reviewed promptly to understand the specific allegations and the hearing date and any deadlines should be tracked carefully. Missing a hearing can result in a decision issued in the individual's absence.
- Can I represent myself in immigration court?
- There is no requirement to have an attorney in immigration proceedings, but the government is represented by trained counsel and the procedural and evidentiary rules can be unfamiliar to someone without immigration law experience.
- How long will my case take?
- It varies significantly by immigration court location and current caseload and can range considerably. Current EOIR data on court backlogs provides the most reliable general information, though it will not predict an individual case's exact timeline.
- Will I know at the first hearing whether I can stay in the United States?
- Generally not. The first hearings in a case are typically administrative master calendar hearings that set the stage for the case; the substantive merits hearing, where the decision is actually made, usually comes later.
Official sources
Consult the official sources above for current rules and procedures.