Immigration removal proceedings are the federal process for deciding whether a noncitizen must leave the United States. The Department of Homeland Security starts the case by filing a charging document with an immigration court, and an immigration judge decides whether you are removable and whether you qualify for any relief that would let you stay. Some people never see a courtroom because they are removed through a faster administrative track. Others spend months or years working through hearings, applications, and appeals. What follows walks through how a case starts, what happens at each stage, and what your options are at each decision point.
How a Case Begins
When DHS places you in full proceedings, it files Form I-862, the Notice to Appear, with the immigration court.1Executive Office for Immigration Review. The Notice to Appear This document lists factual allegations about your citizenship, how and when you entered, and the specific sections of immigration law the government says you violated. Your case is tracked using an Alien Registration Number, a unique seven- to nine-digit identifier assigned by DHS.2U.S. Citizenship and Immigration Services. A-Number/Alien Registration Number/Alien Number
The Notice to Appear also tells you where and when to show up for your first hearing. If the specific date and time aren’t on the form, DHS sends a separate hearing notice later. Read the document carefully. The allegations and legal charges define the entire scope of the government’s case, and understanding them early is the foundation of any defense.
Missing a Hearing
Failing to appear is one of the costliest mistakes you can make. The judge can enter an in absentia removal order if the government proves by clear and convincing evidence that you received proper notice and that you are removable.3National Immigration Litigation Alliance. In Absentia Orders That order triggers a 10-year bar on several forms of discretionary relief, including cancellation of removal, voluntary departure, and adjustment of status. You also become inadmissible for five years if you later leave and try to reenter.
The 10-year bar doesn’t apply if you can show you never received notice in a language you understand about the time, place, and consequences of failing to appear, but proving that after the fact is difficult. Keep your address current with both the court and USCIS, and attend every scheduled hearing.
Why You’re Being Removed
Federal law splits the grounds for removal into two categories based on how and when you entered the country.
If you never had permission to enter, or you’re applying for admission at a port of entry and something disqualifies you, DHS charges you under the grounds of inadmissibility in 8 U.S.C. § 1182. This covers people who crossed the border without being inspected, arrived with fraudulent documents, or were stopped at an airport or checkpoint without meeting entry requirements.4Office of the Law Revision Counsel. 8 USC 1182 – Inadmissible Aliens
If you were lawfully admitted but later violated the terms of your stay, DHS charges you under the grounds of deportability in 8 U.S.C. § 1227. The most common trigger is overstaying a visa. The same applies when you violate conditions of your status, such as working without authorization on a student visa or failing to attend classes.5Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens
Administrative violations can trigger proceedings too. Every noncitizen (with narrow exceptions for certain diplomatic visa holders and visa waiver visitors) must notify USCIS of any address change within 10 days, and failing to do so can become a basis for removal.6U.S. Citizenship and Immigration Services. How to Change Your Address
Criminal Grounds
Criminal convictions are among the most serious grounds and sharply limit your options. A single conviction for a crime involving moral turpitude committed within five years of admission can make a lawfully admitted noncitizen deportable, as long as the offense carried a potential sentence of one year or more.5Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens Moral turpitude is a broad category that generally covers offenses involving fraud, theft, or intent to harm.
Aggravated felonies are far worse. The term covers a wide range of offenses, including murder, drug trafficking, sexual abuse of a minor, and fraud or theft offenses with sentences of at least one year. A conviction for an aggravated felony makes you ineligible for nearly every form of relief. Drug offenses, firearms violations, and domestic violence convictions each carry their own deportability grounds, and convictions in any of these categories often lead to mandatory detention with no bond.
When There Is No Court Hearing
Not everyone gets a hearing before an immigration judge. Under 8 U.S.C. § 1225, immigration officers can order certain people removed without any court involvement at all. This process, called expedited removal, applies to noncitizens who are inadmissible because they lack valid entry documents or attempted to enter through fraud.7Office of the Law Revision Counsel. 8 USC 1225 – Inspection by Immigration Officers; Expedited Removal
The statute authorizes DHS to apply expedited removal to anyone who has not been admitted or paroled and who cannot show at least two years of continuous presence in the United States. In January 2025, DHS expanded expedited removal to its fullest statutory scope, covering noncitizens encountered anywhere in the country who meet those criteria. Before that expansion, the process had been limited primarily to people encountered near the border or at ports of entry.8Congressional Research Service. The Department of Homeland Security’s Authority to Expand Expedited Removal
There is one critical safeguard. If you express a fear of persecution or an intent to apply for asylum, the officer must refer you for a credible fear interview with an asylum officer rather than ordering you removed. If the asylum officer finds a significant possibility of establishing a claim, your case moves into full proceedings before an immigration judge. If the officer finds no credible fear, you can request review by an immigration judge, but that review must be completed within seven days.7Office of the Law Revision Counsel. 8 USC 1225 – Inspection by Immigration Officers; Expedited Removal
Detention and Bond
Many people in proceedings are detained while their case moves through the system. Whether you can get out depends on why you were placed in proceedings. Under 8 U.S.C. § 1226(a), the government may release you on a bond of at least $1,500 if it decides you aren’t a flight risk or a danger to the community.9Office of the Law Revision Counsel. 8 USC 1226 – Apprehension and Detention of Aliens DHS sets the initial amount, and you can ask an immigration judge to reconsider it at a bond hearing. The judge weighs whether you’re likely to appear for future proceedings and whether your release would pose any danger.10Executive Office for Immigration Review. 8.3 – Bond Proceedings
Certain categories face mandatory detention with no option for bond. If you’ve been convicted of an aggravated felony, most drug offenses, multiple crimes involving moral turpitude, certain firearms offenses, or are charged on terrorism-related grounds, the government must hold you throughout proceedings.11Office of the Law Revision Counsel. 8 USC 1226 – Apprehension and Detention of Aliens Immigration judges also lack jurisdiction to set bond for arriving aliens. If you fall into a mandatory detention category, your only path to release before the case ends is a federal court challenge.
Getting an Attorney
You have the right to be represented, but the government will not pay for a lawyer. Federal law gives you “the privilege of being represented (at no expense to the Government) by such counsel…as he shall choose.”12Office of the Law Revision Counsel. 8 USC 1362 – Right to Counsel There is no public defender in immigration court. You hire a lawyer, find pro bono representation, or represent yourself.
The Executive Office for Immigration Review maintains a list of nonprofits and private attorneys who commit at least 50 hours a year of free legal services at each court location. The court must give you this list, and it’s updated quarterly.13Executive Office for Immigration Review. List of Pro Bono Legal Service Providers Demand far exceeds supply, so start early. Private removal defense attorneys typically charge $150 to $700 per hour, and a contested case with a merits hearing can easily cost $10,000 or more. Representing yourself dramatically lowers your chances of a favorable outcome.
What Happens at the Hearings
Master Calendar Hearing
Your first appearance is the master calendar hearing. Think of it as an arraignment. The judge handles dozens of cases in a single session, so your time at the podium is brief. A government attorney from ICE’s Office of the Principal Legal Advisor represents DHS and advocates for your removal.14U.S. Immigration and Customs Enforcement. About ICE
You respond to the factual allegations in your Notice to Appear by admitting or denying each one, and you admit or deny the legal charge of removability. If the judge finds the government has established removability, the hearing shifts to identifying what relief you might be eligible for. The judge asks whether you plan to apply for asylum, cancellation of removal, or any other defense. Without a lawyer, you’ll usually get a continuance to find one before the next hearing.
Individual Merits Hearing
If you’re applying for relief, your case moves to an individual merits hearing, which works more like a trial. The courtroom is dedicated to your case. You and any witnesses testify under oath, and you submit documentary evidence. The government attorney cross-examines and may submit evidence of its own. The judge rules on what’s admissible and relevant.
The standard of proof depends on your situation. When DHS tries to prove that a lawfully admitted person is deportable, the government carries the burden by clear and convincing evidence.15Executive Office for Immigration Review. Evidence When you’re applying for relief, the burden flips to you. For asylum, you must show you meet the legal definition of a refugee. For cancellation, you must prove every eligibility requirement. Judges evaluate the record based on reasonable, substantial, and probative evidence.
Ways to Avoid Removal
Being found removable doesn’t automatically mean you’ll be ordered out of the country. Several forms of relief exist, each with strict eligibility rules.
Asylum and Related Protection
If you fear persecution in your home country based on race, religion, nationality, political opinion, or membership in a particular social group, you can apply for asylum using Form I-589. The application must generally be filed within one year of arrival, with exceptions for changed circumstances or extraordinary situations.16U.S. Citizenship and Immigration Services. Asylum Asylum lets you stay and eventually apply for permanent residence.
Withholding of removal is a narrower protection with a higher standard. You must show it’s more likely than not you’d face persecution on one of the same five grounds. Withholding doesn’t lead to a green card, but it prevents removal to the specific country where you’d face harm. Protection under the Convention Against Torture is another option if you can show it’s more likely than not you’d be tortured by or with the consent of government officials.
Cancellation of Removal
Lawful permanent residents can apply for cancellation if they’ve held a green card for at least five years, have lived in the United States continuously for at least seven years after being admitted in any status, and have not been convicted of an aggravated felony.17Office of the Law Revision Counsel. 8 USC 1229b – Cancellation of Removal
Noncitizens without lawful status face a steeper climb. You must have been physically present for at least 10 continuous years, demonstrate good moral character throughout, and prove that your removal would cause exceptional and extremely unusual hardship to a qualifying relative who is a U.S. citizen or lawful permanent resident. Only a spouse, parent, or child counts. Hardship to you, or to relatives who aren’t citizens or permanent residents, doesn’t satisfy the standard. Aggravated felonies, drug offenses, and domestic violence offenses disqualify you entirely.
Voluntary Departure
As an alternative to a formal removal order, the judge may grant voluntary departure, which lets you leave on your own at your own expense. If granted before or during proceedings, you get up to 120 days. If granted at the conclusion of proceedings, the maximum is 60 days.18Office of the Law Revision Counsel. 8 USC 1229c – Voluntary Departure The judge may require a bond to ensure you actually leave. If you miss the deadline, voluntary departure automatically converts into a formal removal order, and you face additional civil penalties. Voluntary departure is worth pursuing when available because it avoids some of the harsh reentry bars that come with a formal removal order, but you must follow through completely.
What a Removal Order Means
A removal order does far more than end your current stay. It triggers reentry bars that can last years or forever. If you were ordered removed as an arriving alien or at the end of proceedings initiated when you arrived, you’re barred from reentering for five years. A second removal extends that to 20 years. For an aggravated felony conviction, the bar is permanent.19Office of the Law Revision Counsel. 8 USC 1182 – Inadmissible Aliens
Anyone who was unlawfully present for more than a year in the aggregate, or who was previously removed and then reenters without authorization, faces a separate permanent inadmissibility bar. You can apply for a waiver after 10 years, but only with the consent of the Secretary of Homeland Security, and approval is discretionary.
Reentering after removal is also a federal crime. The base penalty is up to two years in prison. If you were removed following a felony conviction, that jumps to up to 10 years. After an aggravated felony conviction, it’s up to 20 years.20Office of the Law Revision Counsel. 8 USC 1326 – Reentry of Removed Aliens These are criminal sentences served in federal prison before you’re deported again.
Appeals and Reopening the Case
If the immigration judge rules against you, you can appeal to the Board of Immigration Appeals. The appeal must be filed within 30 days of the judge’s order. As of early 2026, a federal court blocked a proposal to shorten that deadline to 10 days, so the 30-day window remains in place.21Immigrant Legal Resource Center. Critical New Changes to the Immigration Appeals Process Filing triggers an automatic stay, meaning the government cannot remove you while the appeal is pending. The removal order stays frozen during the 30-day window and then throughout the Board’s review.22Executive Office for Immigration Review. 5.2 – Automatic Stays
If the Board denies your appeal, you can file a petition for review with the federal circuit court of appeals where your immigration judge’s proceedings took place. The deadline is 30 days from the Board’s final order, with no extensions. A petition for review does not automatically stop your removal; you must separately ask the court for a stay.23Office of the Law Revision Counsel. 8 USC 1252 – Judicial Review of Orders of Removal You must have exhausted administrative remedies first, meaning you cannot skip the Board and go straight to federal court.
A motion to reopen asks the immigration judge to reconsider a final order based on new evidence that wasn’t available before. You generally get one motion, and it must be filed within 90 days of the final order.24Executive Office for Immigration Review. 4.7 – Motions to Reopen The motion must include affidavits or other evidence showing that the new facts are material and couldn’t have been discovered or presented earlier. Exceptions exist. If conditions in your home country have materially changed in ways that support an asylum or withholding claim, you can file regardless of the 90-day deadline. Joint motions agreed to by both sides are also exempt from the usual limits. For in absentia orders, separate rules may give you more time if you can show you didn’t receive proper notice.
Checking Your Case Status
The Executive Office for Immigration Review runs an automated system for case information. You can look up hearing dates and case status online through the Automated Case Information System at acis.eoir.justice.gov, or by calling 1-800-898-7180.25United States Department of Justice. Immigration Court Information You’ll need your A-Number for either option. If the system doesn’t show a hearing date or the information is unclear, call the specific immigration court handling your case. Hearing dates change more often than people expect, and showing up on the wrong day can lead to an in absentia order.