Brief overview of the various stages and issues involved in a Removal (Deportation) Proceeding in Immigration Court

1. Anatomy of a
Deportation Case
by Marshall H. Hong, J.D.
www.Hong-Immigration.com
www.ImmigrationInfoSite.com

2. Introduction/Disclaimer
This presentation is not intended as a substitute for customized
legal advice from a qualified immigration attorney.
This presentation is intended to give a general outline to assist the
viewer in understanding the various stages of a typical Removal
(Deportation) case in Immigration Court.
If you are facing deportation, you should consult with a qualified
immigration attorney in your area for representation before the
Immigration Court.
At the conclusion of the slideshow you will find contact
information for the author – please feel free to contact the author
if you have specific questions or would like additional information
on this topic.

3. Initiation of Removal Proceeding
A Removal Proceeding (also commonly referred to as a
Deportation Proceeding) begins when the Department of
Homeland Security (“DHS”) issues a Notice to Appear (“NTA”)
For purposes of the Removal Proceeding, the non-Citizen
named in the NTA will be referred to as the “Respondent”
The NTA is basically a complaint against the Respondent, filed
in Immigration Court, by the U.S. Government, alleging that
the Respondent is “removable” (deportable) from the United
States, and requesting that the Immigration Judge (“IJ”) order
the Removal (deportation) of the Respondent from the U.S.

4. The Notice to Appear
sets forth certain factual allegations against the Respondent –
typical allegations include:
that the Respondent is NOT a U.S. Citizen; and
that the Respondent IS a citizen of his home country; and
that the Respondent either entered the U.S. illegally, or entered the U.S.
legally but then overstayed his visa; or
that the Respondent has been convicted of some crime or immigration
law violation that makes him deportable
identifies the section of law that allegedly makes the
Respondent deportable; and
may notify the Respondent of the date, time, and location of
his initial hearing before the Immigration Judge (“IJ”)

5. The Cast of Characters
The Parties involved in a Removal Proceeding include the
following:
The Respondent – the non-U.S. Citizen facing the deportation
Counsel for the Respondent – the Respondent may be represented
by a private attorney of his choosing; the Respondent will also be
provided with a list of free legal service providers at the outset of the
Proceeding
Office of the Chief Counsel (“OCC”)– the Department of Homeland
Security will be represented in Immigration Court by a trial attorney
from the OCC
The Immigration Judge (“IJ”) – will consider all of the testimony and
evidence and at the conclusion of the Proceeding will render a
Decision on whether the Respondent will be deported or allowed to
remain in the U.S.

6. Other Personnel in the Courtroom
In addition to the principal players, as listed above, the
following individuals may also be present in the
courtroom during Removal Proceedings:
Judge’s Clerk – maintains the IJ’s files, records, and court
schedule
Interpreter – if necessary, the Court will appoint an
interpreter to translate the proceedings between English
and the language in which the Respondent is fluent
Witnesses – to testify on behalf of either the Respondent or
the government

7. Master Hearing vs. Individual Hearing
There are basically two types of hearings at which the
Respondent will appear during the course of the
Removal Proceeding:
Master Calendar Hearing – preliminary hearings, including
the Initial Hearing. Master Hearings are held for pleadings
(see below), scheduling, and other preliminary matters.
Individual Calendar Hearing (also referred to as a Merits
Hearing): this is the trial – the hearing at which the parties
have the opportunity to present evidence and witness
testimony to the IJ, and try to persuade the IJ to rule in
their favor.

8. Initial Master Calendar Hearing
At the Initial Master Calendar Hearing, the IJ will ask the
Respondent to acknowledge whether he received a copy of the
NTA
The IJ will confirm the Respondent’s name, address, phone
number, and the language in which the Respondent is fluent
Next the Respondent (through his attorney if represented by
counsel) will be asked to enter pleadings – this means that the
Respondent must either admit or deny each of the factual
allegations set forth in the NTA, and either concede (admit) or
deny removability as charged in the NTA

9. Removability
If the Respondent denies that he is removable (deportable) –
either because he denies one or more of the factual
allegations, or admits all the allegations but denies that such
allegations make him removable – the government must then
prove to the satisfaction of the IJ that the Respondent is
removable
If the government is not able to prove to the IJ that the
Respondent is removable, the case against the Respondent will
be dismissed, and the Respondent will not be deported from
the U.S.

10. Removability & Relief from Removal
On the other hand, if the Respondent admits that he is
removable (deportable), or if the government convinces the IJ
that the Respondent is removable, then the IJ will next move on
to the question of Relief from Removal:
Even if the Respondent is removable, the IJ may still be able to
allow the Respondent to remain in the U.S., if the Respondent is
eligible for one or more forms of Relief from Removal
In other words, not everyone who is found to be removable will
necessarily be ordered removed (deported) from the U.S. – if
the Respondent is eligible for Relief, the IJ can grant the
requested Relief, allowing the Respondent to remain in the U.S.

11. Forms of Relief
The types of Relief for which a Respondent may be
eligible include:
Voluntary Departure
Asylum, Withholding of Removal, and CAT Protection
Waivers
Adjustment of Status
Cancellation of Removal
Naturalization

12. Forms of Relief from Removal
The following will be only a brief overview of the various forms
of Relief from Removal for which a Respondent may be eligible,
and a summary of the eligibility requirements for each
If you are facing deportation, you should consult with a qualified
immigration attorney in your area to determine whether you
qualify for one or more forms of Relief from Removal
Please visit www.ImmigrationInfoSite.com for more info on
these and other immigration law topics
If you have specific questions, or would like more information on
this topic, you may also contact the author at:
marshall@hong-immigration.com

13. Voluntary Departure
If the Respondent meets certain criteria, an IJ can grant him
Voluntary Departure – this means that the Respondent is permitted
to depart the U.S. voluntarily, at no expense to the
government, within a specified period of time (up to 120 days)
Although the Respondent must depart the U.S., he will NOT do so
under an Order of Removal (Deportation) – this may make it easier
to return to the U.S. at some later date, if Respondent is able to
obtain a visa to the U.S.
To be eligible for Voluntary Departure, the Respondent generally
must concede removability, show that he has the intention and
(financial) ability to depart the U.S. within the time granted, and that
he has not been convicted of an “aggravated felony”

14. “Aggravated Felonies” and Other
Criminal Convictions
A discussion of Aggravated Felonies and other classifications of
crimes under immigration law is highly complex and is well
beyond the scope of this presentation
If you are not a U.S. Citizen, and you have been charged with or
convicted of a crime, you should consult with a qualified
immigration attorney in your area to determine how this will
affect your status in the U.S. – particularly if you plan to travel
temporarily outside the U.S.
For more information on the subject of crimes and immigration
law, please visit:
www.ImmigrationInfoSite.com

15. Asylum, Withholding of Removal, and
Convention Against Torture (“CAT”)
A Respondent can also request Asylum, Withholding of
Removal, or protection under the Convention Against
Torture (“CAT”), as a form of Relief from Removal
The Respondent must prove that, if forced to return to
his home country, he has a “well-founded” fear of being
persecuted based on his race, religion, political
opinion, membership in a particular social group, or
nationality
(Please visit www.ImmigrationInfoSite.com for a more
detailed discussion of Refugee & Asylum Law. You can
also look for our other presentations at SlideShare.net)

16. Waivers
In certain cases, where a Respondent is found to be
removable based on certain criminal convictions, or for fraud
or misrepresentation in gaining an immigration benefit, an IJ
can “waive” the removability, and allow the Respondent to
remain in the U.S.
A complete discussion of waivers is beyond the scope of this
presentation – for more information, please visit:
www.ImmigrationInfoSite.com

17. Adjustment of Status
If the Respondent is the Beneficiary of an approved family-
sponsored (I-130) or employment-based (I-140) immigrant
Petition, he may be eligible for Adjustment of Status as a form
of Relief from Removal
In other words, if a family member or employer has petitioned
for the Respondent to become a permanent resident, and
USCIS has approved the Petition, the IJ can allow the
Respondent to adjust his status to become a Permanent
Resident (assuming all other requirements are also
met), thereby avoiding deportation
If the basis of removability is a criminal conviction, the
Respondent may also need to apply for a Waiver along with his
application for Adjustment of Status

18. Cancellation of Removal
There are two different forms of Relief known as
Cancellation of Removal:
Cancellation of Removal for Certain Lawful Permanent
Residents (“LPRs”); and
Cancellation of Removal for Non-Permanent Residents

19. Cancellation of Removal for Certain
Permanent Residents
If the Respondent is a Permanent Resident, and is facing
deportation (for example, based on a criminal conviction), he may
be eligible for Cancellation of Removal if:
He has been a Permanent Resident for at least 5 years prior to
the service of the NTA
He has resided in the U.S. continuously in any status for at least
7 years
He has not been convicted of an “aggravated felony”
If the IJ grants Cancellation of Removal, the Respondent will
retain his status as a Permanent Resident and will NOT be
deported

20. Cancellation of Removal for Non-
Permanent Residents
If the Respondent is NOT a Lawful Permanent Resident
(“LPR”), he may be eligible for Cancellation of Removal if:
He has been physically present in the U.S. continuously for at
least 10 years
He has been a person of “good moral character” for that 10-
year period – i.e. he has not been convicted of certain crimes
such as Aggravated Felonies or Crimes Involving Moral
Turpitude
He can prove that his removal would result in “exceptional and
extremely unusual hardship” to a U.S. Citizen or LPR
spouse, parent, or child

21. Cancellation of Removal for Non-
Permanent Residents
If the IJ grants Cancellation of Removal, the non-LPR
Respondent will be allowed to Adjust Status to become a
Lawful Permanent Resident (“LPR”), and will NOT be
deported.

22. Naturalization as a Form of Relief
from Removal
If the Respondent meets the general eligibility requirements for
Naturalization (to become a U.S. Citizen), the Respondent can file
an N-400 Application for Naturalization with USCIS.
If USCIS makes a determination that the Respondent is eligible
for Naturalization but for the pending Removal
Proceedings, then an IJ can terminate the Proceedings to allow
Respondent to complete the Naturalization procedure.
Once the Respondent is a Naturalized U.S. Citizen, he will no
longer be deportable.

23. Eligibility for Relief
In order to be granted Relief from Removal, a Respondent must
prove not only that he meets all of the legal requirements for
the Relief requested (as set forth above), but also that he is
deserving of the IJ’s “favorable discretion” – in other words, the
IJ must believe that justice would be served by allowing the
Respondent to remain in the U.S. For example, a Respondent
with a criminal history, or who otherwise represents a danger to
the public, may be denied Relief on discretionary grounds, even
if he is otherwise eligible for the Relief sought

24. Individual (Merits) Hearing
If at a Master Calendar Hearing the Respondent demonstrates
to the IJ that he appears to be eligible for one or more of the
above-listed forms of Relief from Removal, the IJ will schedule
an Individual Calendar (Merits) Hearing – this will be the trial
date on which the Respondent presents his evidence and
witness testimony, and requests the IJ to grant the requested
Relief
After considering all of the relevant evidence and
testimony, the IJ will issue a Decision to either grant or deny
the requested Relief. If the IJ grants the Relief, the
Respondent will not be deported. If the IJ denies the
Relief, the Respondent will be ordered removed (deported)
from the U.S.

25. Appeal
If either party is not satisfied with the IJ’s Decision, that party
may file an Appeal with the Board of Immigration Appeals
(“BIA”), within 30 days of the date of the IJ’s Decision
Either party may also file a Motion to Reopen, or a Motion to
Reconsider (MTRs), with the IJ, requesting that the IJ reopen
the Proceedings and issue a different Decision
A discussion of Appeals and MTRs is beyond the scope of this
presentation – for more information on these topics, please
visit:
www.ImmigrationInfoSite.com

26. Conclusion
A Removal Proceeding is a serious matter and could result in the
Respondent being forcibly removed (deported) from the U.S.
If he is deported, the Respondent may be barred from returning to the
U.S. for a period of at least 10 years!
This presentation is intended only as a general overview and cannot
address all issues that may arise in a given situation – if you are facing
deportation, you should consult with a qualified immigration attorney in
your area to discuss your options, including the possibility for seeking
Relief from Removal
Due to space limitations, the discussions presented here are necessarily
incomplete and do not address all aspects of a Removal Proceeding. For
more information on these topics, please visit:
www.ImmigrationInfoSite.com

27. For More Information, visit us at:
www.ImmigrationInfoSite.com
www.Hong-Immigration.com
or contact Marshall Hong by email at:
Marshall@Hong-Immigration.com