How a case begins
Removal proceedings start with a Notice to Appear, which states what the government says you did and which ground of removability it relies on. That document is the map of the case, and its defects are sometimes the case: a charge has to be proved, and a notice has to be properly served and complete.
From there the case runs through master calendar hearings — short, procedural, and where pleadings are taken — to an individual hearing, which is the trial of your application for relief.
The forms of relief
- Cancellation of removal — for permanent residents, and separately for non-residents who can show long residence, good moral character and exceptional and extremely unusual hardship to a qualifying relative.
- Adjustment of Status — where a family or employment petition makes it available even in proceedings.
- Asylum, withholding and CAT protection — for those who fear return.
- Waivers — under the various subsections of INA §212 and §237, where a ground can be waived.
- Voluntary departure — which avoids a removal order and its bars, and has strict conditions.
- Termination or administrative closure — where the charge fails or the case should not be before the court at all.
Appeals
An adverse decision can be appealed to the Board of Immigration Appeals, and from there in appropriate cases to the federal courts of appeals. Deadlines are short and are not forgiving. Motions to reopen and reconsider also exist, with their own time limits and their own narrow grounds.
If you have already been ordered removed — even in absentia, even years ago — that is not automatically the end of the matter. Bring us the paperwork.
What we need from you first
Every document you have been given, every court date, the A-number, and an honest account of the criminal record. We would far rather hear about a problem from you than discover it in the government's file.
Questions we are asked about this
Will I be detained during my case?
It depends on how you entered and on your record. Some people are released on bond, some are subject to mandatory detention, and recent Board decisions have expanded who cannot get a bond hearing at all. See our page on entry without inspection.
Do I have a right to a lawyer?
You have the right to be represented, but not at government expense. That is precisely why so many people face immigration court alone, and why outcomes differ so much between those who are represented and those who are not.
I missed my hearing and was ordered removed in absentia. Is there anything to do?
Possibly. Motions to reopen exist for people who did not receive notice or who had exceptional circumstances. Time limits apply and some are short, so this is urgent rather than optional.