Immigration Court Proceedings

The Immigration Reform and Control Act of 1996 eliminated the distinction between deportation and exclusion proceedings, and since then, aliens subject to removal from the United States are all placed in removal proceedings during which an Immigration Judge will determine whether an alien is inadmissible, deportable, or eligible for relief from removal.

There are two classes of persons subject to removal proceedings: (1) aliens who were not admitted and, therefore, are inadmissible under Section 212 of the Immigration and Nationality Act; and (2) aliens, who were admitted, but are now deportable under Section 237 of the Act.  Admitted means the lawful entry of the alien into the United States after inspection and authorization by an immigration officer.

Removal proceedings begin with the issuance of a Notice to Appear which is served upon the alien.  The Notice to Appear will state the charges against the alien and the reasons DHS/ICE believes the alien to be deportable. The Notice to Appear will also explain to the alien the consequences of his or her failure to appear at all scheduled hearings, including the court's right to hold a hearing and issue an Order of Removal in the alien's absence, as well as the alien's right to be represented by an attorney of his or her choice at no expense to the government.  

If an alien fails to appear at a scheduled hearing (except under exceptional circumstances, such as a serious illness to the alien or death of an immediate family member), not only can an alien be ordered deported in absentia, but he or she can also become ineligible for further relief later, such as voluntary departure, adjustment of status, and cancellation of removal.

Forms of Relief from Removal     

Cancelation of Removal for non-residents, Cancelation of  Removal for residents, Adjustment of Status through a family based petition or through an employment based petition, Asylum, Withholding of Removal, and Voluntary Departure are forms of relief that may be available to an alien in removal proceedings.

Each form of relief has specific eligibility requirements, and the alien must show at Immigration Court that he qualifies for such relief in order to be granted with the benefit sought.