What are removal proceedings in immigration court?

• Removal proceedings are legal proceedings where the U.S. government seeks to remove, or deport, a noncitizen from the United States. These cases are heard before an immigration judge, and the person may be able to apply for relief from removal depending on their immigration history, family ties, criminal history, and eligibility under immigration law.

Can I stop deportation once removal proceedings have started?

• In many cases, it may be possible to fight deportation after removal proceedings have started. Possible defenses may include cancellation of removal, asylum, withholding of removal, protection under the Convention Against Torture, adjustment of status, waivers of inadmissibility, or other forms of immigration relief. The best option depends on the facts of the case.

What happens at a master calendar hearing?

• A master calendar hearing is usually the first immigration court hearing. The immigration judge reviews the charges, confirms basic information, asks how the person intends to respond, and may set deadlines for applications, evidence, and future hearings.

What is an individual hearing in immigration court?

• An individual hearing is the immigration court trial. The person in removal proceedings may present testimony, documents, witnesses, and legal arguments. The immigration judge then decides whether the person qualifies for relief or must be removed from the United States.

What is cancellation of removal?

• Cancellation of removal is a form of immigration relief that may allow certain people in removal proceedings to avoid deportation and, in some cases, obtain lawful permanent resident status. The requirements are strict and depend on whether the person is already a lawful permanent resident.

Who qualifies for cancellation of removal for non-permanent residents?

• A non-permanent resident may qualify if they have lived continuously in the United States for at least 10 years, have good moral character, have not been convicted of certain disqualifying crimes, and can show that removal would cause exceptional and extremely unusual hardship to a qualifying U.S. citizen or lawful permanent resident spouse, parent, or child.

What is cancellation of removal for permanent residents?

• Cancellation of removal for permanent residents may be available to certain green card holders who have been lawful permanent residents for at least five years, have lived in the United States continuously for at least seven years after admission, and have not been convicted of an aggravated felony.