Legal Disclaimer: The information in this article is intended for general informational purposes only and does not constitute legal advice. Every immigration case is unique. Readers and visitors to our website should consult a licensed immigration attorney for advice tailored to their individual circumstances. This information should not be applied to your case without legal guidance. Reading this content does not establish an attorney-client relationship.
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What Are Removal Proceedings?

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Removal proceedings also known as “Deportation Proceedings” are court hearings to determine whether a non-citizen (known as the “respondent”) should be deported/removed from the United States. These proceedings are conducted by Immigration Judges at the Executive Office for Immigration Review (EOIR), part of the U.S. Department of Justice.

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The process usually begins when the U.S. Department of Homeland Security (DHS), through Immigration and Customs Enforcement (ICE), USCIS, or CBP serves a Notice to Appear (NTA) on the respondent. This document lists the factual allegations and legal charges against the individual, based on violations of immigration laws.

 

 

Types of Immigration Court Hearings

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​1. Master Calendar Hearings (MCH)

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The Master Calendar Hearing is the initial and often procedural phase of a removal case. It serves to:

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• Review the charges listed on the NTA;

• Confirm the respondent’s identity and address;

• Confirm whether the respondent will hire a lawyer to be represented or will be a pro-se respondent (self-representation);

• Advise the respondent of their rights, including the right to legal representation at their own expense;

• Set deadlines for applications or filings;

• Schedule future hearings.

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Important: There may be more than one Master Calendar Hearing in a case, especially if the respondent needs more time to find an attorney, receive a decision on a related application (such as an I-130), or prepare their case.

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2. Individual Merits Hearing

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This is the final, substantive hearing in which the respondent presents their defense and the application filed for relief is decided. During this hearing:

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• The respondent and any witnesses may testify;

• The attorney for DHS may cross-examine;

• Evidence filed is reviewed and evaluated;

• Legal arguments are presented;

• The Immigration Judge may issue a decision, either immediately or at a later date.

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​What Is a Pro Se Respondent?

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A pro se respondent is someone who represents themselves in immigration court without a lawyer. While respondents are not required to have legal representation by a licensed lawyer, immigration law is highly complex, and judges are not permitted to provide legal advice or help prepare a case.

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For this reason, self-representation is generally discouraged, especially in cases involving asylum, criminal history, prior deportations, or inadmissibility.

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How to Check Your Immigration Court Case Status

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Respondents should stay informed about their court dates and case status. EOIR provides two official systems:

 

By Phone:

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Call the EOIR Automated Case Information System at 1-800-898-7180 (available in English and Spanish).
You will need your A-number (Alien Registration Number), which starts with an “A” followed by 8 or 9 digits.

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Online:

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Visit the EOIR case status portal:

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https://acis.eoir.justice.gov

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You can check upcoming hearing dates, the court location, and case status.

 

 

Consequences of Missing a Court Date

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Missing a scheduled immigration court hearing can have severe and permanent consequences:

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• An in absentia removal order may be issued;

• You may be barred from reentering the United States for up to 10 years or more;

• You may become ineligible for many immigration benefits, including asylum and adjustment of status.

 

Even if you missed court because of an extraordinary event or due to an emergency, you must act quickly. You may be able to file a motion to reopen, but time limits apply.

 

 

How to Update Your Address with EOIR

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It is the respondent’s responsibility to keep EOIR informed of their current address at all times. If you move:

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• Fill out Form EOIR-33/IC, the Change of Address Form.

• File it to the Immigration Court handling your case within 5 working days of the move.

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You can find this form or change your address online here:

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https://respondentaccess.eoir.justice.gov/en/forms/eoir33ic/

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Failure to update your address could result in missing important notices and receiving a removal order in your absence.

 

 

Common Forms of Relief Against Removal

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Respondents may apply for several forms of relief or protection from removal, depending on their individual circumstances. These include, but are not limited to:

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1. Asylum, Withholding of Removal, and Protection under the Convention Against Torture (CAT)

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1. Asylum is available to individuals who fear persecution in their home country due to race, religion, nationality, political opinion, or membership in a particular social group.

2. Withholding of removal offers similar protection but has a higher standard of proof and fewer benefits.

3. CAT protection is for individuals who fear torture if returned to their home country.

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2. Cancellation of Removal

 

There are two general types:

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1. For Lawful Permanent Residents (LPRs): Must show at least 5 years of lawful permanent residency, 7 years of continuous residence, and no aggravated felony convictions.

2. For Non-LPRs: Must demonstrate at least 10 years of continuous physical presence, good moral character, and that removal would cause exceptional and extremely unusual hardship to a qualifying U.S. citizen or LPR relative.

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3. Adjustment of Status

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Eligible individuals may apply for lawful permanent residency (a green card) while in proceedings, based on a family petition or other qualifying ground, often requiring the approval of a Form I-130 petition or other underlying benefit.

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4. Voluntary Departure

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In some cases, the Immigration Judge may grant the respondent the option to depart the United States voluntarily, avoiding a formal order of removal and possible future bars to reentry.

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5. Waivers of Inadmissibility or Deportability

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Some individuals may apply for waivers under sections of the Immigration and Nationality Act, such as:

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1. I-212 (Permission to Reapply)

2. I-601 or I-601A (Waivers of inadmissibility based on certain grounds, including unlawful presence, fraud, or criminal history)

 

Understanding whether a waiver is needed—and which one—is essential before filing any application with EOIR. In some cases, multiple waivers may be required (e.g., an I-212 plus an I-601). These applications are highly fact-dependent and should be prepared with careful documentation, legal analysis, and professional guidance.

 

Due to the complexity of waiver applications and the serious consequences of denial, we strongly recommend consulting with a licensed immigration attorney who can evaluate the full scope of immigration history and advise on the best course of action.

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6. Deferred Action and Prosecutorial Discretion

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While not formal relief granted by the court, EOIR or DHS may choose to administratively close or terminate a case under certain circumstances due to limited resources or humanitarian concerns.

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ICE Check-Ins Are Not the Same as Immigration Court

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Many individuals are required to report to ICE for check-in appointments, often as a condition of release.

It’s crucial to understand that:

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1. ICE appointments are separate from EOIR hearings;

2. Being released by ICE does not mean your court case is over;

3. You must comply with both EOIR court dates and ICE reporting requirements;

4. Missing either can lead to re-detention or removal.

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Mental Health and the Immigration Court Process

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Facing removal proceedings can be an emotionally traumatic experience. Common mental health challenges include:

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1. Anxiety and Panic Attacks: Uncertainty about one's future and separation from family often cause intense stress.

2. Depression: The long duration of immigration court cases and the fear of deportation may lead to depressive episodes.

3. Post-Traumatic Stress Disorder (PTSD): Especially common among asylum seekers or individuals who have experienced violence or persecution.

4. Impact on Children and Family Members: Family separation and instability can have lasting emotional effects, especially on children.

 

Immigration court proceedings are adversarial and fast-paced. Unlike criminal court, immigration proceedings do not provide a public defender. Respondents with mental health conditions may face additional barriers in understanding the process and asserting their rights.

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Do I Need an Attorney in Immigration Court?​​

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You are not legally required to have a lawyer in immigration court. However, the law is complex, and the consequences of a negative outcome are serious—including permanent separation from your family or being barred from reentering the U.S.

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While immigration proceedings are civil (not criminal), they are adversarial. The government is represented by an experienced trial attorney from DHS, but there is no public defender system (free lawyers also known as pro-bono lawyers). You are responsible for your own legal defense.

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Studies show that:

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1. Represented respondents are far more likely to succeed in their cases;

2. Immigration law is one of the most complex areas of U.S. law;

3. The current enforcement climate makes legal representation even more critical.

 

For these reasons, it is strongly recommended that individuals in removal proceedings seek the help of an experienced licensed immigration attorney.

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Why It Is Strongly Recommended to Hire an Immigration Lawyer

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Removal proceedings involve complex legal standards, procedural rules, and deadlines. An experienced immigration attorney can:

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1. Analyze eligibility for relief;

2. Prepare and file legal applications;

3. Advocate effectively in court;

4. Present evidence and legal arguments;

5. Identify procedural errors or constitutional issues;

6. Support clients through mental health challenges by coordinating with experts.

 

Statistical studies have consistently shown that individuals represented by counsel are significantly more likely to obtain relief from removal than those who represent themselves.

 

Immigration law is a highly specialized area. Attorneys must comply with the ethical rules and professional responsibilities established by the state bars where they are licensed, including:

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1. Avoiding conflicts of interest;

2. Maintaining client confidentiality;

3. Providing competent and diligent representation;

4. Being honest and respectful in communications with the court and the government.

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Conclusion

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Removal proceedings are complicated, high-stakes legal matters that can affect your ability to remain in the United States and stay with your family. Staying informed, attending all hearings, and seeking qualified legal assistance are essential steps in protecting your rights.

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Removal proceedings before EOIR can be life-changing and involve complex legal and emotional challenges. While there is no right to a free attorney, seeking legal representation is one of the most important steps a respondent can take in defending their rights.

 

Disclaimer: The information provided in this article is for general informational purposes only and is not legal advice. Every immigration case is unique, and readers and visitors of our website should consult a qualified licensed immigration attorney for advice specific to their individual situation and they should NOT apply this information to their cases without a lawyer. No attorney-client relationship is formed by reading this content.

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