Published on November 6, 2025 · 2 min read
Removal proceedings are the formal legal process the U.S. government uses to decide whether a non-citizen must be removed (formerly called deported) from the country. They occur in immigration court, which is part of the Executive Office for Immigration Review (EOIR), and are overseen by an immigration judge. The process is adversarial, meaning the government presents its case through attorneys from the Department of Homeland Security (DHS), while the individual has the chance to respond and raise defenses.
Key elements of removal proceedings
Starts with a Notice to Appear (NTA): DHS begins the process by issuing an NTA, which lists the legal charges and why the government believes the person is removable. The NTA requires the individual to appear in immigration court.
Master calendar hearing: The first court hearing, called a master calendar hearing, is where the judge explains the charges, asks how the person pleads, and sets a schedule for further hearings.
- Merits (individual) hearing: At this hearing, the person presents evidence, witnesses, and legal arguments to challenge removal or apply for relief. The government’s attorney also presents its case.
- Possible defenses and relief: People in removal proceedings may seek protection through asylum, withholding of removal, cancellation of removal, adjustment of status, Temporary Protected Status (TPS), or other forms of relief under immigration law.
- Representation: Individuals can hire an attorney, but unlike in criminal court, the government does not provide free lawyers. Many people choose to seek legal guidance to navigate the process.
- Judge’s decision: At the end of the proceedings, the immigration judge decides whether the individual must be removed from the U.S. or is eligible for relief and allowed to stay.
Understanding the impact of removal proceedings
Removal proceedings can be lengthy and emotionally challenging, often affecting families, careers, and long-term plans. A removal order can carry serious consequences, including bars on returning to the U.S. for many years. Because the process involves complex laws, strict deadlines, and detailed evidence, working with an immigration attorney can be helpful for clarity, support, and presenting the strongest possible case.
