Immigration Court

Removal proceedings are the legal process of deciding whether someone is “removed” from the United States, usually called deportation. These proceedings are required in most cases for someone to actually be legally deported and most people have an opportunity to speak to a judge and apply for relief. It is important for people to understand their rights during a removal proceeding because many people do not understand that they have certain rights and protections, including the right to hire an attorney.

Immigration law is extremely complex and no one should face a removal proceeding without consultation and legal representation. Some people will be eligible to apply for relief from removal, including a green card. Other people who already have green cards must fight to keep them and avoid deportation. There are a number of benefits that might allow someone to remain in the United States, even if they are not currently in a lawful status. Those can include:

  • Adjustment of Status (green card application)
  • Cancellation of Removal for Residents
  • Cancellation of Removal for Non-Residents
  • Cancellation of Removal for Victims of Abuse
  • Asylum, Withholding of Removal, and Protection under the Convention Against Torture
  • Waivers of Inadmissibility or Deportability
  • Voluntary Departure from the United States

There are other less common defenses that might apply to specific groups of people or in individual cases. Make sure to review a case with an experienced attorney to determine the best options available.

During removal proceedings, many people are now being held in detention. Immigration bond proceedings are legally separate from the removal proceedings, but they are important to review at the same time. Being detained during proceedings ensures a much faster process which can seriously impact a person's defense against deportation.

Recent News About Removal, Deportation, and Immigration Court

Executive Office for Immigration Review

Non-Detained Immigration Court Hearings Postponed through June 26, 2020 except in Honolulu

The Executive Office for Immigration Review (EOIR) sent an update on May 29, 2020, stating that all immigration court hearings for non-detained individuals are now postponed through June 26, 2020. This means that the courts will reopen for non-detained hearings on June 29, 2020. This new announcement does not apply to the Honolulu Immigration Court,…

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Executive Office for Immigration Review

Hearings Under the MPP “Remain in Mexico” Program Delayed Until June 22, 2020

On May 10, 2020, the Department of Homeland Security and the Executive Office for Immigration Review announced an additional delay in cases being conducted under the Migrant Protection Protocols (MPP). Those cases are held at or near the US-Mexico border and applicants are forced to remain in Mexico while they await their court hearings. Based…

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