Removal Proceedings

Removal proceedings are the formal legal process conducted in U.S. immigration courts to determine whether a noncitizen should be ordered removed (deported) from the United States or allowed to remain under some form of legal protection. These proceedings are initiated when the Department of Homeland Security files a Notice to Appear (NTA) with the immigration court.

Removal proceedings follow a general structure. They begin with one or more master calendar hearings, where the judge addresses preliminary matters, takes the respondent's pleadings on the charges, and schedules future hearings. The case then progresses to an individual hearing (merits hearing), where the judge hears testimony, considers evidence, and makes a decision.

Throughout proceedings, the respondent may apply for various forms of relief: asylum, withholding of removal, protection under the Convention Against Torture, cancellation of removal, adjustment of status, voluntary departure, or other applicable forms of protection. The burden is on the respondent to prove eligibility for any relief sought.

Immigration proceedings are civil, not criminal, in nature. This distinction has significant legal implications. Most importantly, there is no constitutional right to appointed counsel in immigration court — unlike criminal defendants, respondents in removal proceedings must find and pay for their own attorneys or go without. There is also no right to a jury trial.

However, respondents do retain certain constitutional protections, including due process rights under the Fifth Amendment. They must receive proper notice, have the opportunity to present evidence, and be heard by a neutral decision-maker.

The current immigration court system handles over 3 million pending cases, with completion times averaging 2-4 years and stretching much longer in many jurisdictions. This massive caseload raises fundamental questions about due process, efficiency, and the structural adequacy of the system.