Noncitizens in Deportation or Removal Proceedings

Proceedings in Immigration Court (the Executive Office for Immigration Review)

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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.

Who Can Be Deported From the U.S.

Grounds of Deportability: When Legal U.S. Residents Can Be Removed
Summary of the U.S. immigration law's list of grounds upon which a green card holder can be removed from the U.S.
Crimes That Will Make an Immigrant Deportable
Overview of how crimes of moral turpitude, aggravated felonies, and other crimes can make even a green card holder deportable from the U.S.
Crimes and U.S. Immigration
Detailed articles on how particular types of crimes may make a noncitizen deportable.
Immigration Risks of Pleading Guilty or No Contest
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.
Which Undocumented Persons Are Helped by Prosecutorial Discretion
Being undocumented in the U.S. doesn't always mean you have to fear deportation.
How Falsely Claiming to Be a U.S. Citizen Can Make You Deportable
As small an act as checking the "citizen" box on a form can get someone deported from the U.S.
What if I forgot to tell USCIS of my change of address?
Although it rarely happens, immigrants can be deported for failing to notify the U.S. government of their changes of address.
Frequently Asked Questions About Deportation and Removal
Click here for discussion of individual fact patterns and issues in removal proceedings.

Immigration Court Procedures

What Will Happen at Your Master Calendar Hearing
Step one in your removal proceedings will be to attend a preliminary, scheduling hearing called a master calendar.
What Does My Notice to Appear (NTA) Mean?
How to read the document showing the charges against you for immigration proceedings.
Judge's Decision in Immigration Court: How Long It Will Take to Get
Overview of what will happen during immigration court proceedings and how long each stage is likely to take.
Can we change the location of a Master Calendar hearing?
How to ask for a change of venue.
What to Expect From Your Lawyer in an Immigration Court Case
How the lawyer prepares written materials and witnesses, analyzes your options, and assists you at hearings.
Special Procedures for Noncitizen Minors in Removal Proceedings
Protections for young noncitizens apprehended by immigration authorities.
Postponing a Deportation Date
Final possibilities for delaying an order of removal.
I Was Ordered Removed in Absentia! What Can I Do?
If you were a no-show at an immigration court hearing, here's what to do about the order of removal that the judge likely issued against you.

Defending Against Removal or Deportation

Immigration Court Defenses: Avoid Deportation
Click here for a series of articles on defenses that a person in removal proceedings can raise.
Deferred Action for Childhood Arrivals (DACA)
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.
Noncitizens Convicted of Aggravated Felony: Defenses to Deportation
An aggravated felony is almost sure to get you deported, unless you can take advantage of one of these forms of relief.
Did the DOMA Decision Come Too Late? How U.S. Law Treats Deported Same-Sex Spouses
Possibilities for binational couples to undo the removal order based on a same-sex marriage.

Preparing for the Merits Hearing

How to Prepare an Asylum Application in Removal Proceedings
Submitting your asylum application and legal briefs, calling witnesses, attending the hearing, and more.
What to Do If You Can't Make Your Removal Hearing
You must, unless you've made a successful motion for a continuance, attend your court date as scheduled.
Bringing Witnesses to Immigration Court
A witness may lend additional credibility to your case, corroborate your story, or offer expert testimony.

Immigration Detention

Living Conditions in Immigration Detention Centers
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.
Immigration Detention 101: Information for Detainees’ Family and Friends
What to expect, and what to do first, if someone you know has been detained by U.S. immigration authorities.

After a Denial in Immigration Court

When Is an Order of Removal Final?
The implications of having received not only a denial by the IJ, but a final order of removal from the U.S.