Removal Proceedings Before Immigration Court

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Removal Proceedings

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Removal proceedings are hearings held before an immigration judge to determine whether an individual may remain in the United States. Removal proceedings begin when the government alleges an individual does not have valid immigration status or an individual has done something to end otherwise valid immigration status.

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• Removal proceedings commence when a U.S. immigration official files a “Notice to Appear” including allegations against the individual with the Immigration Court.

• The government must prove the allegations and the grounds for removal. If the individual who received the notice does not appear for a hearing, however, the immigration judge will most likely grant the government’s request for removal.

• Removal proceedings begin with an initial hearing, known as a master calendar hearing. (An individual may have multiple master calendar hearings.) At the master calendar hearing, the individual facing potential deportation, who is known as the respondent, must admit or deny the charges brought against him or her. The respondent also has an opportunity to identify any defenses to removal he or she may have and file application(s) for relief from removal, such as an application for asylum, cancelation of removal, or adjustment of status.

• The next hearing, known as the individual calendar hearing or merits hearing, is usually scheduled during the master calendar hearing. The master calendar hearing is generally very brief, and the respondent may supplement the motion or application he or she filed during the master calendar hearing with additional evidence and documentation until fifteen days before the merits hearing.

• The merits hearing is a longer, more involved proceeding during which a judge will hear testimony and review evidence and legal arguments in order to make a decision on the motions or applications before the court.

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Asylum in Removal Proceedings

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Those facing removal proceedings who suffered persecution or fear future persecution in their home countries if they return may be eligible for asylum as a defense to removal.

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• Asylum seekers must show either that they suffered or may suffer persecution – a threat to their life or freedom.

• They must demonstrate that the persecution is because of their race, religion, nationality, political opinion, or membership in a particular social group.

• The persecution they fear must be from the government or from organizations or individuals the government is either unwilling or unable to control.

• The risk of persecution must exist throughout the person’s country, and not be limited to a single region or location.

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Cancellation of Removal

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A form of relief known as “Cancellation of Removal” may be available to those in removal proceedings who have been in the country for a significant period of time and have not committed certain crimes. If this relief is granted, applicants will either be allowed to keep or will receive a green card and removal proceedings will end.

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• To be eligible, lawful permanent residents must demonstrate they have been in the country for seven years and have had lawful permanent resident status for at least five years.

• Non-lawful permanent residents must demonstrate they have been in the country for ten years, have good moral character, and that their removal would result in exceptional and unusual hardship for their spouse, parent or child who is legally in the United States as either a citizen or permanent resident.

• Special provisions are available for spouses or children who are survivors of domestic abuse.