What removal proceedings are
Removal proceedings, still commonly called deportation, are the process the U.S. government uses to decide whether a non-citizen must leave the country. Most cases begin when the Department of Homeland Security issues a document called a Notice to Appear (Form I-862). The Notice to Appear lists the charges against you and orders you to appear before an immigration judge.
These cases are heard in immigration court, which is part of the Executive Office for Immigration Review (EOIR), not the criminal court system. The government is represented by an attorney whose job is to seek your removal. You have the right to be represented too, and having a lawyer who knows the law and the local court can make a real difference in how your case is presented.
Common forms of relief from removal
Being placed in proceedings does not mean the case is over. The law provides several forms of relief that allow a person to stay. Which ones apply depends entirely on your history and your family situation. Common defenses include:
- Cancellation of removal. Lawful permanent residents may qualify under one set of rules, and non-residents under another that generally requires ten years of continuous physical presence, good moral character, and proof that removal would cause exceptional and extremely unusual hardship to a U.S. citizen or resident spouse, parent, or child (INA section 240A).
- Asylum, withholding of removal, and protection under the Convention Against Torture for people who fear harm in their home country. Learn more on our asylum and humanitarian relief page.
- Adjustment of status to a green card, where a family or employment petition makes you eligible. See adjustment of status.
- Waivers of inadmissibility or deportability that forgive certain grounds. See waivers.
- Voluntary departure, which lets some people leave on their own terms and avoid a formal removal order that carries longer bars on returning.
A single conviction, a past order, or the way an earlier application was filed can change which relief is available. Part of the firm's job is to find the relief that fits your facts and to rule out the paths that would put you at greater risk.
If you are detained: bond hearings
If immigration authorities are holding you in detention, you may be eligible to ask an immigration judge to set a bond so you can be released while your case continues (INA section 236). At a bond hearing, the judge weighs whether a person is a flight risk or a danger to the community. Presenting the right evidence, such as proof of community ties, steady work, and family support, is central to a strong bond request. The firm prepares and argues bond hearings so that families can be reunited while the case moves forward.
Your rights in immigration court
Even though immigration court is not criminal court, you still have important rights. You have the right to be represented by a lawyer at your own expense (INA section 240(b)(4)). You have the right to review the government's evidence, to present your own evidence and witnesses, and to have an interpreter if you need one. If the judge orders removal, you generally have the right to appeal to the Board of Immigration Appeals within 30 days.
One of the most damaging mistakes is missing a hearing. If you fail to appear, the judge can order you removed in absentia, in your absence, which is very hard to undo. Always keep the court informed of your current address and never ignore a notice.
How the firm approaches your defense
Aomer Mohamed came to this country as an immigrant himself, and he built this practice around defending people in exactly this position. His approach is straightforward: read every page of your Notice to Appear and record, identify each form of relief you may qualify for, gather the documents and testimony that support it, and prepare you for what to expect in court. You will always know where your case stands and what the next step is.
Questions about deportation defense
A Notice to Appear (Form I-862) is the charging document that begins removal proceedings. It states the factual allegations and the legal grounds the government is using to try to remove you, and it tells you to appear before an immigration judge. If you receive one, have an attorney review it promptly, because the way the case is charged affects your defenses.
In some situations, such as expedited removal or reinstatement of a prior order, the government tries to remove people without a full hearing. Whether that applies depends on your history and how you entered. Because the consequences are serious and the timelines are short, speak with an attorney as soon as possible if you are told you can be removed without a hearing.
If you miss a hearing, the judge can enter a removal order in your absence, called an in absentia order. In limited circumstances that order can be reopened, for example if you never received proper notice or an emergency prevented you from attending, but the deadlines and standards are strict. Contact an attorney right away if this has happened to you.
It varies widely. The immigration courts carry a large backlog, and a single case can take months or years from start to finish. That waiting period is one reason to prepare early: it gives time to build the strongest possible case and, where you qualify, to seek work authorization while you wait.
Legal authorities referenced on this page
- Immigration and Nationality Act (INA) section 240 (removal proceedings)
- INA section 240A (cancellation of removal)
- INA section 236 (apprehension and detention; bond)
- INA section 240(b)(4) (rights of the person in proceedings)
- 8 C.F.R. Part 1240 (proceedings before immigration judges)
- Executive Office for Immigration Review (EOIR), U.S. Department of Justice
This page explains the law in general terms and is not legal advice. Immigration law changes and applies differently to each person's facts. Speak with an attorney about your own situation.