Immigration court & removal defense
Removal proceedings are the process in which a U.S. immigration court decides whether a person may remain in the United States. Receiving a Notice to Appear or having a family member detained by U.S. Immigration and Customs Enforcement (ICE) is extremely stressful. This section explains in plain language how the process works, what relief you may be able to apply for, what deadlines apply at each step, and how we can help.
What removal proceedings are
Removal proceedings are administered by the Executive Office for Immigration Review (EOIR), part of the U.S. Department of Justice. Cases are heard by Immigration Judges in immigration courts around the country, and the Department of Homeland Security (DHS) is represented by government attorneys from ICE's Office of the Principal Legal Advisor (OPLA), who act as the "prosecution." Proceedings are conducted under section 240 of the Immigration and Nationality Act (INA) and generally begin when DHS issues a Notice to Appear (NTA, Form I-862) and files it with the court.
Immigration court is an administrative court, not a criminal court. It does not impose sentences; it decides only two things: whether you are removable (or inadmissible), and whether you can obtain some form of relief that allows you to stay. There is no system for appointing free counsel in immigration court; you have the right to hire an attorney at your own expense (INA 240(b)(4)(A)).
Who is placed in removal proceedings
People apprehended inside the U.S. after entry
People who entered without inspection and are encountered inside the United States by ICE or other law enforcement are often issued a Notice to Appear; some may be subjected to expedited removal without going to court (see Expedited removal).
Expired visas or lapsed status
People who entered lawfully and then overstayed, whose student status was terminated, or whose work status lapsed may be charged as removable under INA 237(a)(1).
Green card holders with criminal issues
Certain convictions (such as aggravated felonies, crimes involving moral turpitude, and controlled substance offenses) can lead to a green card holder being charged as removable; when entering the U.S., a green card holder may also be treated as an "applicant for admission." See Criminal records and immigration consequences.
Referral after an asylum or other application is denied
When a person without lawful status applies for asylum with USCIS and is not granted, the case is usually referred to immigration court to be heard anew; USCIS may also issue a Notice to Appear after denying other applications.
Border arrivals who pass a credible fear interview
People in expedited removal who express fear and pass a credible fear interview are generally transferred into full removal proceedings, where they can apply in court for asylum and other protection.
Terminated conditional green cards and similar cases
For example, where an I-751 was not filed on time or was denied, or the bona fides of the marriage were questioned, a terminated conditional permanent resident status can be reviewed again in court.
How removal proceedings generally work
The following is the typical sequence in a non-detained case; detained cases move much faster, and the court sets separate deadlines. At any step there may be motions, continuances or procedural changes.
Notice to Appear (NTA)
DHS issues an NTA stating the factual allegations and the removability charges; the case formally begins once it is filed with the court. What to do if you receive an NTA ›
Master calendar hearing
Identity and address are confirmed, you plead to the charges, a country of removal is designated, and you state the relief you plan to seek. Master calendar and individual hearings ›
Filing applications for relief
Within the deadline the judge sets, you file application forms, evidence and witness lists, and complete biometrics according to DHS instructions. Forms of relief ›
Individual hearing
The applicant and witnesses testify and are cross-examined by the DHS attorney, and the judge reviews all of the evidence.
Judge's decision
The judge grants relief, terminates proceedings, grants voluntary departure, or orders removal. The decision may be issued orally in court or in writing.
BIA appeal
If you disagree with the judge's decision, you can appeal to the Board of Immigration Appeals (BIA) within the deadline on Form EOIR-26. Appeals guide ›
Federal circuit court review
Within 30 days after the BIA's final decision, you can file a petition for review with a federal court of appeals (INA 242(b)(1)); a petition for review does not automatically stay removal.
Main forms of relief
Being found removable does not necessarily mean you will be removed. Whether relief is available depends on how you entered, how long you have been in the U.S., your family relationships, any criminal record, conditions in your home country, and other factors. Below are common options; their requirements differ widely. See the overview of forms of relief.
Asylum, withholding of removal and CAT protection
Fear of persecution based on race, religion, nationality, membership in a particular social group or political opinion; asylum generally must be sought within one year of arrival, while withholding of removal and Convention Against Torture protection have no one-year deadline.
Cancellation of removal for non-permanent residents
10 years of continuous physical presence, good moral character, no disqualifying offenses, and removal would cause exceptional and extremely unusual hardship to a U.S. citizen or green card holder relative.
Cancellation of removal for permanent residents
A green card holder who has held the green card for 5 years, has resided continuously for 7 years after being admitted, and has not been convicted of an aggravated felony may ask to keep the green card.
Adjustment of status in court
A person with an approved or approvable family-based or employment-based petition who meets the requirements for adjustment of status can apply for a green card in court; a waiver may also be needed.
Waivers of inadmissibility
Certain grounds of inadmissibility can be waived, often together with adjustment of status, by showing extreme hardship to a U.S. citizen or green card holder relative, among other requirements.
Voluntary departure
Leaving the U.S. at your own expense within a set period, avoiding a removal order; failing to depart on time has serious consequences.
Prosecutorial discretion and termination
Asking DHS to agree to terminate, dismiss or set aside the case; policy has tightened in recent years, and whether this is feasible must be assessed case by case.
In absentia orders and motions to reopen
If you did not receive notice of a hearing, could not appear because of exceptional circumstances, or have new evidence or new relief available, a motion to reopen may be an option.
If a family member is detained by ICE
Urgent: Stay calm first, and work through the steps below in order.
- Locate the person: Have your family member's full name, date of birth and nationality ready, and ideally their Alien Registration Number (A-number, 9 digits), and search the ICE Online Detainee Locator to find the detention center. Right after an arrest, the person may not show up yet; try again a few hours later.
- Remind your family member to exercise their rights lawfully: They may remain silent and may ask to contact an attorney; they should not sign documents they do not understand, especially documents agreeing to depart or giving up a hearing; and they should not make false statements when answering questions.
- Gather documents: Passport, entry records, visas, green card or work permit, past immigration applications and notices, the Notice to Appear, all court documents from any criminal case, and proof of family relationships in the U.S.
- Evaluate bond quickly: Whether the person can get a bond hearing before an Immigration Judge depends on how they entered and their criminal record, and the law has changed significantly in recent years (see "Recent changes" below). See Detention and bond.
- Watch the deadlines: Detained cases have quick hearings and short filing deadlines, and the appeal deadline after the judge's decision applies as well. Do not wait until your family member is released to act.
Important recent changes (verified as of October 11, 2026)
- Expansion of expedited removal: In January 2025, DHS expanded expedited removal nationwide to certain people who entered without authorization and cannot show two years of continuous presence in the U.S. A district court had stayed the expansion; in June 2026, the U.S. Court of Appeals for the D.C. Circuit vacated that stay 2–1, and the expanded policy went back into effect. The plaintiffs have sought rehearing en banc, so further changes are possible. See Expedited removal.
- Bond hearings for people who entered without inspection: In Matter of Yajure Hurtado (September 2025), the BIA held that people who entered without inspection and were later detained inside the U.S. are subject to mandatory detention, and Immigration Judges lack authority to hold bond hearings for them. Most federal courts of appeals (including the Seventh Circuit, which covers Illinois) disagree with this interpretation, while the Fifth and Eighth Circuits have sided with the government; in early October 2026 the U.S. Supreme Court agreed to hear the question (reportedly in the Second Circuit's Barbosa da Cunha case), and until it rules, the rules still differ by location.
- Laken Riley Act (2025): Requires mandatory detention for certain inadmissible people who are charged with, arrested for or convicted of specified offenses such as theft, burglary or assaulting a law enforcement officer.
- Enforcement in and around courts: Since 2025, EOIR has rescinded the policy limiting enforcement in or near immigration courts; DHS has also moved in court to dismiss proceedings and then pursued expedited removal instead, and related litigation is ongoing. Even so, the consequences of missing a hearing are more serious; you should still appear on time and consult an attorney beforehand.
- BIA appeal rules: In February 2026, the Department of Justice issued an interim final rule that would have shortened most appeal deadlines from 30 days to 10 days; on March 8, 2026, the U.S. District Court for the District of Columbia vacated that part in Amica Center for Immigrant Rights v. EOIR, and EOIR then confirmed in Policy Memorandum PM 26-02 that the appeal deadline for most cases remains 30 days. The Department of Justice is pursuing formal rulemaking, so the deadline could change again; check the latest rules.
- New court fees: H.R. 1, signed in July 2025, added statutory fees for a number of applications, motions and appeals in immigration court, and EOIR issued a corresponding interim final rule in June 2026. Check EOIR's current published amounts.
- Other: The alien registration requirement (G-325R) in effect since April 2025; in August 2026, in Matter of Delcarmen-Lara, the BIA overruled Matter of Arrabally, so a person who previously accrued unlawful presence and travels abroad on advance parole may trigger a 3-year or 10-year reentry bar; and DHS's "CBP Home" self-departure arrangement is different from voluntary departure granted by a judge — leaving on your own while a court case is pending may result in an in absentia removal order. Consult an attorney before acting on any of these matters.
Immigration court representation
U.S. immigration law is federal law, and immigration court cases are not limited by state lines. We can represent clients before immigration courts nationwide; whether remote appearance is allowed is up to each court and judge, and we will explain this in advance. Managing Attorney David Wang personally communicates in English, Chinese and French, and is licensed in Illinois, New York and Massachusetts.
We handle immigration matters only and do not provide criminal defense services; where a criminal case is involved, we can work with your criminal defense attorney on the immigration consequences.
Court representation
Filing EOIR-28, representation at master calendar and individual hearings, pleadings, preparing witnesses and evidence, and filing motions when needed.
Bond hearings
Assessing eligibility for a bond hearing, preparing evidence of family, employment and community ties in the U.S. and of lack of danger, representation at the bond hearing, and appealing the bond decision to the BIA when needed.
Applications for relief
Evaluation and preparation of applications for asylum, withholding of removal, CAT protection, cancellation of removal, adjustment of status in court, waivers and voluntary departure.
Motions to reopen and reconsider
Rescinding in absentia orders, reopening cases based on new evidence or new relief, and reconsideration, with attention to statutory deadlines such as 90 days and 180 days.
BIA appeals
Filing EOIR-26 and EOIR-27, drafting the appeal brief, and evaluating the possibility of federal circuit court review.
Evaluating existing removal orders
Determining the type and date of the removal order and evaluating reopening, a stay of removal (I-246) or other options; see Existing removal orders and ICE check-ins.
Obtaining records
Requesting immigration files and court records from USCIS, CBP, ICE and EOIR under the Freedom of Information Act (FOIA), and checking Notices to Appear, past applications and entry records.
Section guides
What to do if you receive a Notice to Appear (NTA)
What each part of the NTA means, looking up your case, changing your address, and the consequences of missing court.
Master calendar and individual hearings
Pleadings, filing deadlines, interpreters, remote hearings, witnesses, decisions and continuances.
Detention and bond
Who can get a bond hearing, the factors the judge considers, and mandatory detention.
Expedited removal
Who it applies to, credible fear interviews, and the recent expansion and litigation.
Overview of forms of relief
A comparison of the requirements for each form of relief and the related forms.
Voluntary departure
The differences, deadlines and risks of voluntary departure before and at the conclusion of proceedings.
Prosecutorial discretion
Whether DHS can be asked to terminate, dismiss or set aside a case.
In absentia orders and motions to reopen
Requirements and deadlines for rescinding an in absentia removal order.
BIA appeals and federal court review
Appeal deadlines, appeal briefs, petitions for review and requests for a stay of removal.
Existing removal orders and ICE check-ins
What a final removal order means, check-ins, and requests for a stay of removal.
Criminal records and immigration consequences
Which convictions make a person removable or inadmissible.
Related forms
EOIR-26
Appeal of an Immigration Judge's decision to the BIA.
EOIR-27
Attorney's notice of appearance before the BIA.
EOIR-28
Attorney's notice of appearance before the immigration court.
EOIR-29
Appeal of certain DHS officer decisions to the BIA.
EOIR-33
Reporting a change of address to the immigration court or the BIA.
I-246
Requesting a stay of removal from ICE when a removal order exists.
I-589
Application for asylum, withholding of removal and CAT protection.
EOIR-42A / 42B
Cancellation of removal for permanent residents and non-permanent residents.
Related case law
Pereira v. Sessions
A Notice to Appear that does not state the time and place of the hearing does not trigger the stop-time rule for cancellation of removal.
Niz-Chavez v. Garland
A Notice to Appear must be a single document containing all of the required information.
Campos-Chaves v. Garland
A person who received a proper notice of hearing and missed the hearing cannot rescind the in absentia removal order based on a defect in the NTA.
Wilkinson v. Garland
Federal courts of appeals can review the application of the hardship standard for cancellation of removal.
Santos-Zacaria v. Garland
The exhaustion requirement is not jurisdictional, and it does not require first seeking reconsideration from the BIA.
Patel v. Garland
Federal courts generally lack authority to review factual findings related to relief such as adjustment of status.
Frequently asked questions
If I receive a Notice to Appear, does that mean I will definitely be removed?
No. A Notice to Appear is only the start of the process. DHS must prove its charges, and you can contest them; you can also apply for relief such as asylum, cancellation of removal or adjustment of status. The outcome depends on the specific facts and evidence, and no one can guarantee a result, but preparing early gives you more options.
I live outside Illinois. Can you represent me?
Yes. Immigration court applies federal law, and attorneys can appear before immigration courts nationwide. Whether a video or remote appearance is allowed is up to each court and judge; some judges require the respondent or the attorney to appear in person, and we will explain the arrangements and fees before taking the case.
What if I don't speak English at my hearing?
Immigration court provides interpreters free of charge. Tell the court as early as possible which language or dialect you know best (for example, Mandarin, Cantonese, Minnan/Hokkien or Fuzhounese), and if you cannot understand the interpreter at the hearing, say so in court immediately.
My family member already has a removal order. Is there anything we can do?
It depends on how the removal order came about, when it was issued, and what has changed since. Possible options include a motion to reopen or a request to ICE for a stay of removal, but each has strict requirements and deadlines. Obtain the complete court record and immigration file first, then evaluate.
If I leave the U.S. on my own, will everything be fine?
Not necessarily. Leaving on your own while a court case is pending may lead to an in absentia removal order; leaving after a removal order, or after having accrued unlawful presence, may trigger a reentry bar lasting years. Have an attorney evaluate your situation before you leave.
Received a Notice to Appear, have a family member in detention, or already have a removal order and want to know what can still be done? Book an attorney consultation, or call (312) 519-1115 or reach us on WeChat at WangLawpllc. We will first review your documents and deadlines, then explain the possible options and risks. The outcome of any case is decided by the Immigration Judge and government agencies, and we do not guarantee results.
This page is general information, not legal advice. Immigration court procedures and policies change quickly, and outcomes depend on the specific facts. If you have received a Notice to Appear or a family member has been detained, consult an attorney as soon as possible.