Removal Proceedings Resources

Removal proceedings, also known as deportation proceedings, are held in Immigration Court by an Immigration Judge. These are administrative proceedings that determine a non-citizen's ability to stay in the United States according to federal law. 

If your court date is a Master Calendar Hearing, the judge will request an update on the case and ask what we want to do in your case. Usually this will involve asking for a continuance (more time in your case for us to do something, such as get a decision from USCIS) or a trial date. These hearings are usually less than 15 minutes long.

If your court date is an Individual Hearing, this is your trial date. We will present your application for relief from removal through your testimony.  You, as the respondent, will testify along with any witnesses in your case. The Assistant Chief Counsel (the prosecutor) may cross-examine you and the witnesses, and the Immigration Judge may ask you and the witnesses questions as well. These hearings are usually 1-3 hours long.

At a Master Calendar Hearing, the judge will ask you to state your name, confirm your address, and if you would like for me to be your attorney. The judge will direct all other questions directly to me, as your attorney. 

At an Individual Hearing you will present your testimony through direct and cross examination. Prior to your Individual Hearing, we will have at least two appointments to practice your testimony. You will be expected to tell the judge the details of how and why you qualify to remain in the United States.

The law states that you cannot be removed from the United States unless you are ordered to by an immigration judge, or if you are subject to expedited removal. 

(UPDATED MARCH 2025) Please let your attorney know immediately if you have an outstanding order of removal or an arrest warrant. The immigration court may notify Immigration and Customs Enforcement (ICE) and/or local law enforcement ahead of your hearing to arrange for your arrest at your immigration court hearing. 

Only the people who have a court date should attend immigration court. Unless they have a green card or are a US citizen, I do not recommend any family or friends accompany you to your immigration court date.

 If you fail to appear at your hearing and the Department of Homeland Security establishes by clear, unequivocal, and convincing evidence that written notice of your hearing was provided and that you are removable, you will be ordered removed from the United States. Exceptions to these rules are only for exceptional circumstances.

In order to ask for a rescheduled date or a continuance, we need to request a continuance from the court. We will need to establish "good cause" for this request. Immigration court hearing dates are typically scheduled months or years in advance of the hearing date. Only extreme situations - such as a medical emergency - will qualify for a rescheduled hearing date.

If you have a conflict or potential conflict with your hearing date, please let your attorney know as soon as possible. We can discuss if your situation qualifies for a continuance, and what documentation may be needed to submit a request. 

The immigration judge will make a final decision during or after your Individual Hearing. The judge may or may not issue his decision during your hearing. If the judge needs additional time to review the evidence, research legal issues, or does not have enough time during the hearing to make a decision, then we will be notified by mail with a written decision.

If you are applying for Cancelation of Removal for Non-Permanent Residents, there is a limitation to how many applications can be approved in a fiscal year (10,000). There is often a backlog of approvals, meaning that it could be several years before we receive the decision in your case.

It is the responsibility of the Department of Homeland Security (DHS) to provide you notice of your hearing date, which includes the location, time, and date by mail to your address. If you did not receive proper notice of your hearing, this is an important issue which must be addressed with the immigration judge.

If you lost or misplaced your hearing notice, you can look up your information with your alien number by calling the toll-free Immigration Court Hotline at +1-800-898-7180 or online at https://acis.eoir.justice.gov/en/