Removal Defenses | CB Immigration Law

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DEPORTATION
-AND-
REMOVAL PROCEEDINGS

What Are Deporation and Removal Proceedings?

Deportation and removal proceedings are legal processes by which non-citizens (foreign nationals) in the United States may be ordered to leave the country due to violations of immigration laws or other grounds of deportability.

Deportation historically referred to the process of removing a non-citizen from the United States due to immigration violations or criminal offenses. However, the term "deportation" was replaced with "removal" under the Immigration and Nationality Act (INA) in 1996. While the term deportation is still commonly used informally, the legal process is now referred to as removal proceedings.

Removal proceedings are initiated when a non-citizen is issued a Notice to Appear (NTA) by U.S. Immigration and Customs Enforcement (ICE) or U.S. Customs and Border Protection (CBP). The NTA charges the individual with violating immigration laws and initiates formal removal proceedings before the immigration court.

Overall, deportation and removal proceedings are legal mechanisms used to enforce U.S. immigration laws and regulate the presence of non-citizens in the United States. They involve complex legal procedures and require careful representation by legal counsel for individuals facing removal.

What is a Notice to Appear?

The NTA specifies the grounds of deportability or inadmissibility alleged against the individual and provides details of the removal proceedings, including the date, time, and location of the immigration court hearing. When the NTA is filed with the Immigration Court, your court information will appear on Automated Case Information (justice.gov) or the EOIR Hotline at 1-800-898-7180.

If an NTA has been issued, but not filed with the Immigration Court, the court hearing information on the NTA should be followed. The NTA may be filed the morning of the court hearing.

Where are Removal Proceedings Held?

Removal proceedings take place in immigration courts, which are part of the Executive Office for Immigration Review (EOIR). There are 68 immigration courts throughout the United States and approximately 600 immigration judges. During the hearings, immigration judges preside over the proceedings and adjudicate the case based on the evidence and legal arguments presented by both parties.

What Happens During Removal Proceedings?

Non-citizens in removal proceedings have the opportunity to present defenses, apply for relief from removal, and challenge the charges against them. Common forms of relief from removal include asylum, cancellation of removal, adjustment of status, and waivers of inadmissibility.

What If I Miss My Hearing?

If you miss your immigration court hearing, it can have serious consequences. You will likely will get an order of deportation in absentia (in your absence). There are limited ways to reopen your case if you miss your hearing and it is not guaranteed the Immigration Judge will allow the case to be reopened.

Can I Appeal the Judge's Decision if I am Ordered Removed?

If the immigration judge issues a removal order, the non-citizen may appeal the decision to the Board of Immigration Appeals (BIA) and, in some cases, to federal appellate courts. The appeals process provides an opportunity to challenge errors in the immigration judge's decision or legal interpretations.

What Happens if a Removal Order is Executed?

If the removal order is upheld, the non-citizen may be physically deported or removed from the United States by ICE. Removal may involve detention, transportation to the individual's home country, and enforcement of travel documents for departure.

Immigration Courts

These are the immigration courts currently operating in the United States. Each court serves specific geographic regions and handles immigration cases within its jurisdiction. For more information regarding a specific immigration court, please click on the links below.

Arizona:

Eloy Immigration Court

Florence Immigration Court

Phoenix Immigration Court

Tucson Immigration Court

California:

Adelanto Immigration Court

Concord Immigration Court

Imperial Immigration Court

Los Angeles - N. Los Angeles Street Immigration Court

Los Angeles - Olive Street Immigration Court

Los Angeles - Van Nuys Boulevard Immigration Court