Noncitizens in Deportation or Removal Proceedings
Proceedings in Immigration Court (the Executive Office for Immigration Review)
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A surprising number of immigrants who successfully obtain U.S. green cards have contact with the immigration court system first. And, a number also receive orders of removal (deportation) through this system. Whether an immigrant has been arrested by immigration authorities within the U.S., submitted an application to USCIS that was rejected, or successfully requested an asylum hearing upon entry to the U.S., his or her rights and claim for relief will be decided upon by an Immigration Judge, within the Executive Office of Immigration Review (EOIR). Learn how the system functions, what types of defenses you can put forward, and what to expect during court proceedings here.
Who Can Be Deported From the U.S.
Summary of the U.S. immigration law's list of grounds upon which a green card holder can be removed from the U.S.
Being undocumented in the U.S. doesn't always mean you have to fear deportation.
How crimes of moral turpitude, aggravated felonies, and other crimes can make even a green card holder deportable from the U.S.
A plea bargain or no contest plea may turn out to be a worse deal than it appears if it makes you deportable or removable from the U.S.
Immigration Court Procedures
Step one in your removal proceedings will be to attend a preliminary, scheduling hearing called a master calendar.
How to ask for a change of venue.
Overview of what will happen during immigration court proceedings and how long each stage is likely to take.
Defending Against Removal or Deportation
If you are “undocumented” and you are in “removal” proceedings, a few legal defenses are available. These might make it possible for you to avoid being removed (deported).
Click here for a series of articles on who is eligible for deferred action as an immigrant student or graduate, and how this protects against removal.
Click here for a series of articles on defenses that a person in removal proceedings can raise.
Preparing for the Merits Hearing
Submitting your asylum application and legal briefs, calling witnesses, attending the hearing, and more.
You must, unless you've made a successful motion for a continuance, attend your court date as scheduled.
A witness may lend additional credibility to your case, corroborate your story, or offer expert testimony.
Immigration Detention
There are more than 180 immigration detention facilities in the United States, usually located far from major cities. Some house several thousand detainees at any one time, mixing aliens who have criminal records with others who don't.
What to expect, and what to do first, if someone you know has been detained by U.S. immigration authorities.
FAQs About Removal and Deportation
The timing of deportation or removal.
A guilty plea is a conviction, and green card holders can be deported for any of various criminal convictions.
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