Removal Proceedings
Removal proceedings are legal processes in which the U.S. government tries to deport (remove) a person from the country.
Who Is Placed in Removal Proceedings?
- People who enter the U.S. without permission
- Visa holders who overstay or violate terms of their stay
- Green card holders with certain criminal convictions
- Asylum seekers whose claims are denied or referred to court
The process starts when someone receives a Notice to Appear (NTA) in immigration court.
What Happens in Immigration Court?
- Master Calendar Hearing (MCH): A short, first hearing where the judge confirms basic facts and sets deadlines.
- Merits Hearing: A full hearing where the person and their attorney (if they have one) present evidence and arguments. A government lawyer also presents a case for removal.
- Judge’s Decision: The judge decides whether the person will be removed or allowed to stay under a legal defense (like asylum or cancellation of removal).
Rights During Proceedings
- You have the right to an attorney, but at your own expense.
- You can present evidence and call witnesses.
- You can appeal the decision to the Board of Immigration Appeals (BIA).
Related Terms
Additional Resources
- EOIR (Executive Office for Immigration Review)
- Legal Orientation Program (LOP)
- National Immigration Court Helpdesk
This page is for informational purposes only and does not offer legal advice.
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