Removal Proceedings: Frequently Asked Questions

Being placed in removal proceedings can be frightening, but it is not the same as being ordered removed or deported. Removal proceedings are the court process used to determine whether a person may remain in the United States or must leave. That process comes with important rights, including the right to appear before an immigration judge, present evidence, be heard, and, in many situations, apply for relief that allows the person to remain in the United States. The questions below explain how removal proceedings work, what to expect at each stage, and how recent enforcement changes may affect a case.

This page provides general legal information, not legal advice. Reading it does not create an attorney-client relationship. Immigration law is changing quickly, and the right strategy depends on the specific facts of each case and the current state of the law.

What are removal proceedings, and is "removal" the same as deportation?

"Removal" is the legal term used in U.S. immigration law for what most people call deportation. Removal proceedings are the immigration court process in which the government seeks to determine whether a person is removable from the United States. During that process, the person has the opportunity to challenge the government's case and, in many situations, apply for relief that allows them to remain in the United States.

Being placed in removal proceedings simply means the court process has begun. Whether a person is ultimately ordered removed depends on the facts of the case, the applicable law, and any defenses or forms of relief that may be available.

Who are the people in the courtroom?

The judge is an immigration judge with the Executive Office for Immigration Review, a component of the Department of Justice. The immigration judge presides over the case, rules on legal issues, and ultimately decides whether the person may remain in the United States or must be removed.The government is represented by an attorney from ICE's Office of the Principal Legal Advisor, who represents the government in the removal case. The person facing removal is called the respondent and has the right to be represented by an attorney, although the government does not provide one at no cost.

Other people who may be present include interpreters, witnesses, family members, and court staff, depending on the type of hearing and the issues involved.

How do removal proceedings begin?

Removal proceedings begin when the government files a charging document, called a Notice to Appear (NTA), with the immigration court. The NTA lists the factual allegations against the person and the legal grounds on which the government claims the person is removable.

Although a person may receive an NTA before the case reaches the court, generally removal proceedings have not begun until DHS files NTA with the immigration court. In some cases, that filing does not occur until days, weeks, or even months after the NTA is issued.

What is the difference between a master calendar hearing and an individual hearing?

The first court appearance is usually a Master Calendar Hearing. This is a brief, preliminary hearing at which the immigration judge confirms the charges, the respondent (or their attorney) admits or denies the factual allegations, responds to the legal charges, identifies any applications for relief that will be filed, and sets deadlines and future hearing dates. Many Master Calendar Hearings are scheduled with numerous other cases and may last only a few minutes.

The Individual Hearing, often called the Merits Hearing, is the trial of the case. At this hearing, witnesses testify under oath, evidence is presented, and both sides have the opportunity to make legal arguments. After considering the evidence and the applicable law, the immigration judge decides whether the respondent will be ordered removed or allowed to remain in the United States. Depending on the court's schedule, months or even years may pass between the Master Calendar Hearing and the Individual Hearing.

Do I have the right to a lawyer?

Yes, but at your own expense. You have the right to be represented by an attorney in removal proceedings, but unlike in criminal court, the government does not appoint or pay for one if you cannot afford one. Because immigration law is complex and the outcome of a case often depends on identifying and properly presenting available defenses and forms of relief, obtaining legal representation is one of the most important steps you can take. If you need time to find an attorney, you may ask the immigration judge for additional time, although whether a continuance is granted depends on the circumstances.

What relief is available to stay in the United States?

The answer depends entirely on the facts of the individual's case. Possible forms of relief may include asylum, withholding of removal, or protection under the Convention Against Torture; adjustment of status to lawful permanent residence; cancellation of removal; waivers of certain grounds of inadmissibility or deportability; voluntary departure; and other forms of relief available under the immigration laws.

Each form of relief has its own eligibility requirements, filing deadlines, and potential consequences. A careful review of a person's immigration history, family relationships, criminal history, and other circumstances is necessary to determine which options, if any, are available. A responsible attorney will not promise a particular outcome without first evaluating the specific facts of the case.

If the judge orders removal, can I appeal?

Usually, yes. In most cases, a decision by an immigration judge may be appealed to the Board of Immigration Appeals. The deadline to file a notice of appeal is 30 days from the immigration judge's decision.

If the Board of Immigration Appeals dismisses the appeal, further review may be available by filing a petition for review with the appropriate federal court of appeals. Because Congress has directed most challenges to final removal orders through this process, the validity of a removal order is generally reviewed by the federal court of appeals rather than by a federal district court.

What happens if I miss a court hearing?

Missing an immigration court hearing is a serious matter. If you fail to appear, the immigration judge may enter an in absentia removal order—an order of removal entered because you did not appear in court.

In some circumstances, it may be possible to ask the immigration court to reopen the case, such as when you did not receive proper notice of the hearing or when exceptional circumstances prevented you from appearing. Different legal standards and deadlines apply depending on the reason for the request.

The safest course is to attend every scheduled hearing, promptly notify both the immigration court and DHS of any change of address, and seek legal advice immediately if you believe you may miss a hearing or have already missed one.

I heard ICE has been arresting people at their court hearings. Is that true?

At various times, ICE has arrested some individuals after their immigration court proceedings were dismissed. In certain cases, ICE attorneys sought dismissal of the removal proceedings, after which immigration officers arrested the individual outside the courtroom and attempted to place them into expedited removal, a process with more limited review than proceedings before an immigration judge.

Government enforcement priorities and practices can change over time, and the risk varies depending on the facts of the case and current policy. Anyone who is concerned about the possibility of enforcement at or after a scheduled hearing should discuss their individual circumstances with an experienced immigration attorney beforehand so that the potential risks and available options can be evaluated.

What is expedited removal, and how is it different from going before an immigration judge?

Expedited removal is a process that allows certain noncitizens to be removed from the United States without a hearing before an immigration judge. Instead, an immigration officer makes the decision. As a result, expedited removal generally provides fewer procedural protections than removal proceedings in immigration court.

Although expedited removal was historically used primarily near the border, its use has expanded in certain circumstances. Whether a person may be placed into expedited removal depends on the facts of the case and the current state of the law. In general, it may apply to individuals who cannot establish the required period of continuous physical presence in the United States.

A person who can demonstrate sufficient continuous physical presence, or who expresses a fear of persecution or torture if returned to their home country, may have important legal protections that prevent or interrupt expedited removal. Because immigration officers may not explain every available protection, it is important to preserve evidence showing when you entered the United States and how long you have been here, and to clearly communicate any fear of returning to your home country.

The government is trying to dismiss my case. Isn't that good news?

Not necessarily. While dismissal of a removal case can sometimes be beneficial, it is not always good news. In some situations, the government has sought to dismiss pending immigration court proceedings and then place the person into expedited removal, a process with fewer procedural protections than proceedings before an immigration judge. Once a case is dismissed, the legal options and procedural protections available in immigration court may change.

Whether to agree to or oppose a motion to dismiss depends on the specific facts of the case, any applications for relief that are pending, and the current state of the law. This decision should be made only after careful review with an experienced immigration attorney. What initially appears to be good news may have significant legal consequences.

Should I just leave on my own if I have a case?

That decision should not be made without first obtaining legal advice. Having a pending immigration court case generally does not require you to leave the United States unless and until an immigration judge orders your removal. Leaving the United States while proceedings are pending may forfeit important forms of relief, create additional legal consequences, and may not make it easier to return in the future.

General messages encouraging people to "self-deport" do not change the legal status of a pending immigration court case. Before deciding to leave the United States, you should understand the specific immigration consequences that apply to your individual circumstances.

What information do you need to advise me on a removal case?

The most helpful starting point is a copy of the Notice to Appear (NTA), any subsequent hearing notices, and your A-number. We also need to know where your case is pending, your next court date, whether you are currently detained and where, how and when you entered the United States, your immigration history, any criminal history, and your family ties in the United States.

Copies of any applications previously filed with USCIS or the immigration court, prior immigration court orders, and documents showing your continuous physical presence in the United States are also important. With this information, it is often possible to evaluate the government's allegations, identify available defenses and forms of relief, determine whether there are any procedural or legal issues affecting the case, and identify any deadlines or risks that require immediate attention.

The Law Behind This

These answers rest on the following authorities. Several enforcement policies described above are being actively litigated; the summary reflects the law as of mid-2026.

• **INA § 240 / 8 U.S.C. § 1229a** — removal proceedings before an immigration judge, including the right to be represented by counsel at no expense to the government and the rules governing orders entered in a person's absence (in absentia).
• **8 U.S.C. § 1252 and the REAL ID Act** — appeal of an immigration judge's decision to the Board of Immigration Appeals (generally within 30 days), and review of a removal order by petition for review in the federal court of appeals.
• **Relief from removal** — asylum (8 U.S.C. § 1158), withholding of removal (§ 1231(b)(3)) and protection under the Convention Against Torture, cancellation of removal (§ 1229b), adjustment of status (§ 1255), and voluntary departure (§ 1229c).
• **Expedited removal, 8 U.S.C. § 1225(b)(1)** — the 2025 designation extending it nationwide (90 Fed. Reg. 8,139) was allowed to take effect by the D.C. Circuit in June 2026. It generally reaches people who cannot show two years of continuous presence, who are subject to mandatory detention and to a credible-fear process if they express a fear of return.
• **Motions to dismiss, 8 C.F.R. § 1239.2**, and **Matter of S-O-G- & F-D-B-, 27 I&N Dec. 462 (A.G. 2018)** — the authority used to end court cases, which has been employed to move people into expedited removal. Under **8 C.F.R. § 1003.6(a)**, an immigration judge's order is generally stayed during the appeal period, and a person in active § 240 proceedings generally cannot be subjected to expedited removal.

The information on this page is provided for general educational purposes and does not constitute legal advice or a guarantee of any particular outcome. Immigration law is complex, varies by jurisdiction, and is changing rapidly. To discuss the specifics of a person's situation, please contact the office for a consultation.