What to Expect at a Removal (Deportation) Hearing

If you’re facing removal proceedings, formerly referred to as deportation proceedings, you likely have many questions and concerns about what to expect. A removal hearing is a legal proceeding that determines whether you can remain in the United States or will be required to leave.

In this article, we’ll walk you through the removal hearing process step-by-step so you can be prepared and understand your rights.

Understanding Removal Proceedings

Removal proceedings begin when the Department of Homeland Security (DHS) initiates a court case against a noncitizen, alleging that they are removable from the U.S. There are many reasons why someone might face deportation, but some of the most common include:

Reasons for Removal Hearings

• Violating the terms of a visa or overstaying a visa
• Committing certain crimes, including aggravated felonies, crimes involving moral turpitude, or drug offenses
• Fraudulently obtaining a visa or green card
• Engaging in terrorism or espionage

If DHS believes you are removable, they will issue you a Notice to Appear (NTA). The NTA outlines the charges against you and initiates your removal case.

Types of Removal Hearings

There are several types of hearings that may occur during your removal proceedings:

• Master Calendar Hearing: This is typically the first hearing, where you appear before a judge to respond to the charges in the NTA.
• Individual (Merits) Hearing: At this main hearing, you present your defense against deportation and the judge hears testimony and reviews evidence.
• Bond Hearing: If you are detained, you may be able to request a bond hearing to ask the judge to release you on bond while your case is pending.

The specific path of your case will depend on your unique circumstances. However, most cases start with a Master Calendar Hearing.

The Master Calendar Hearing

The Master Calendar Hearing is a preliminary hearing that sets the stage for your case. Think of it like an arraignment in criminal court. Here’s what to expect:

• The immigration judge will explain your rights and the deportation process.
• The judge will review the charges in the NTA and ask you to plead to the charges (admit or deny).
• If you are eligible and intend to seek relief from deportation, you tell the judge and file the appropriate application.
• The judge will schedule your Individual Hearing if you are fighting your case.

What to Bring and How to Prepare

To prepare for your Master Calendar Hearing:

• Review your NTA carefully and note any errors or inaccuracies.
• Bring your NTA, passport, and any other identification documents.
• If you have an attorney, they will accompany you. If not, consider seeking legal counsel before the hearing.
• Plan to arrive early and dress professionally to show respect for the court.

The Individual (Merits) Hearing

If you contest the charges in the NTA and seek to remain in the U.S., you’ll have an Individual Hearing, also known as a Merits Hearing.

Here’s what to know:

• You present your case before the immigration judge.
• The judge hears testimony and reviews evidence about your eligibility for relief from deportation.
• Common defenses against deportation include asylum, cancellation of removal, and adjustment of status based on family ties.
• The government’s attorney argues the government’s position on your case.

Presenting Your Case

To prevail in your Individual Hearing, you must present a compelling case. This involves:

• Submitting relevant evidence, such as documents and witness testimony.
• Providing clear, consistent, and credible testimony about your situation.
• Arguing how you meet the legal requirements for your defense.
• Rebutting the government’s charges and evidence.

Having an experienced immigration attorney to build your case and advocate on your behalf can make a significant difference in the outcome. In fact, “numerous studies have shown that immigrants are more likely to win their cases with apt legal representation at their hearings.” Even if you’re not sure if you have a case, it’s worth consulting with an attorney to explore your options.

Possible Outcomes of a Removal Hearing

After your Individual Hearing, the immigration judge will issue a decision on your case. Possible outcomes include:

Granting of Relief

If the judge finds you eligible for a form of relief, you may be allowed to remain in the U.S. For example:

• Asylum allows you to stay if you prove a well-founded fear of persecution in your home country.
• Cancellation of removal allows some green card holders or noncitizens with significant ties to the U.S. to stay.
• Adjustment of status allows you to obtain or restore your green card and remain legally.

Voluntary Departure

In some cases, the judge may grant voluntary departure, allowing you to leave the U.S. on your own within a set time period. This avoids some of the penalties of a deportation order, such as a ban on reentry. However, it doesn’t provide any legal status to return.

Removal Orders

If the judge finds you deportable and ineligible for relief, they will order you removed from the U.S. A removal order has serious consequences:

• You must leave the country, usually promptly after the decision.
• You face a ban on returning to the U.S. for several years or even permanently.
• If you reenter illegally, you can face criminal charges and significant consequences to future immigration benefits.

Appealing a Deportation Order

If you disagree with the judge’s decision, you may be able to appeal.

Filing an Appeal with the BIA

Your first appeal is to the Board of Immigration Appeals (BIA).

• You must file the appeal within 30 days of the judge’s decision.
• The BIA reviews the case for errors of law or fact.
• If the BIA upholds the removal order, you may be able to appeal to a federal court.

Winning an appeal can be challenging, but an experienced attorney can help you assess your chances and navigate the process.

The Importance of Legal Representation

As you can see, removal proceedings are complex, and the stakes are high. Having an experienced immigration attorney on your side can make all the difference.

An attorney can:

• Analyze your case and identify potential defenses you may not know about.
• Gather evidence and witnesses to build the strongest possible case.
• Represent you in hearings and argue persuasively on your behalf.
• Protect your rights and hold the government accountable to the law.
• Navigate the appeals process if needed.

Don’t risk going it alone. If you’re facing deportation, invest in an attorney who can fight for your right to stay in the U.S.

What to Do If You’re Facing Removal

If you or a loved one are in removal proceedings, act quickly:

1. Consult with an immigration attorney as soon as possible, even before your first hearing.
2. Attend all your hearings, or you risk being ordered deported in your absence.
3. Be truthful in all applications and testimony. Lying can destroy your credibility and any chance of winning your case.
4. Gather all relevant documents to prove your identity, immigration history, family and community ties, and other key facts.
5. Understand the charges against you and what you must prove to get relief.
6. Follow your attorney’s advice and work with them to build your strongest case.

Remember, you have rights. Many people do win their deportation cases with a strong defense and skilled legal representation.

Need Help with Your Deportation Case? Contact the Law Office of Lina Baroudi

If you’re facing deportation proceedings, you need a strong advocate on your side. At the Law Office of Lina Baroudi, we have a track record of success in deportation defense. Our team understands the high stakes in these cases, and we work tirelessly to help our clients stay in the United States legally.

Whether you’re seeking asylum, cancellation of removal, adjustment of status, or another form of relief, we can assess your case, explain your options, and guide you through every step of the process. We know how to build persuasive cases, challenge the government’s evidence, and argue powerfully in court.

Don’t face deportation alone. Contact us today for a consultation, and let us fight for your right to remain in the U.S. With the Law Office of Lina Baroudi, you have a team of skilled, passionate advocates on your side.