What is a deportation/removal proceeding, and how can I defend myself?

Deportation, legally termed 'removal,' is the formal process by which the U.S. government seeks to compel a non-citizen to leave the country. Removal proceedings are initiated when the Department of Homeland Security (DHS), usually through Immigration and Customs Enforcement (ICE), files a Notice to Appear (NTA) with an Immigration Judge (IJ) in the Executive Office for Immigration Review (EOIR). Common grounds for removal include certain criminal convictions, visa overstays, immigration fraud, or violations of immigration status.

Defense against removal is complex and requires immediate legal counsel. The primary defense strategies depend heavily on the individual's status and the grounds for removal. Common forms of relief available in removal proceedings include:

• Asylum or Withholding of Removal: If the non-citizen fears persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group.
• Cancellation of Removal: Available for certain long-term lawful permanent residents (LPRs) or non-LPRs who can demonstrate exceptional hardship to a qualifying U.S. citizen or LPR relative if removed.
• Adjustment of Status (AOS): If the non-citizen has a qualifying relative petition pending (like an approved I-130) and is present in the U.S. under certain conditions, they may be able to apply for a green card before the IJ.
• Waivers of Inadmissibility: If the ground for removal relates to a past violation (like a visa fraud or minor crime), certain waivers may be available to forgive the offense.

Because removal proceedings carry severe consequences, consulting an experienced immigration attorney is crucial. The first step is usually appearing at the master calendar hearing where the allegations in the NTA are reviewed, and the respondent declares whether they are admitting or denying the charges and what forms of relief they intend to pursue. The Department of Justice oversees the immigration courts, which operate separately from the Department of State consular system.

For information on the immigration court system, refer to the EOIR website.