What to Do If You Are Put in Removal Proceedings: A Plain-English Guide to Immigration Court

If you received papers telling you to go to immigration court, you may feel scared or unsure about what happens next. Receiving these papers does not mean a judge has already ordered you to leave the United States.

If you are in removal proceedings, you may have ways to fight removal or ask to stay in the United States. Start by checking your court date. It is also important to attend every hearing, keep your address updated, and speak with an immigration lawyer as soon as you can.

What Does “Removal Proceedings” Mean?

Removal proceedings are the immigration court process the government uses to try to deport someone from the United States.

Most cases start with a paper called a Notice to Appear, or NTA. The NTA is Form I-862. The NTA explains why the government thinks you can be deported.

An NTA is not a deportation order. The court case formally starts after the government files the NTA with the immigration court. An immigration judge will then review the case.

What Should You Do Right Away?

If you receive an NTA or another immigration court notice, start with these steps:

1. Keep all your papers. Do not throw away the NTA, the envelope, or any letter from immigration court, ICE, or USCIS.
2. Find your A-number. This is your immigration number. It usually has eight or nine digits and starts with the letter A.
3. Check your court date. Use the EOIR court website or call 1-800-898-7180. You will need your A-number.
4. Check the information on your NTA. Look at your name, address, and the reasons the government gives for your case. Tell your lawyer if anything is wrong.
5. Make sure the court has your correct address. If you move, or if the address on your papers is wrong, update it right away.
6. Talk to an immigration lawyer. A lawyer can explain what the papers mean, what the government must prove, and what options you may have.

How Do You Know If You Are in Removal Proceedings?

You can check whether the immigration court has your case through EOIR’s Automated Case Information system. EOIR is the government office that runs immigration courts. You can also call 1-800-898-7180.

Enter your A-number without the letter A. The system may show your next hearing date, the court’s address, and information about your case.

If your case does not appear, keep checking. Sometimes the government gives a person an NTA before it files the NTA with the court. You should also watch your mail for a Notice of Hearing. Follow the date and instructions on your court papers even if the online system does not show your case. If the online information is different from a notice sent by the court, speak with an immigration lawyer right away.

What If Your NTA Has No Court Date?

Some NTAs do not list a hearing date or time. This does not mean you can ignore the paper. The immigration court may mail you a separate Notice of Hearing later. Keep checking the EOIR system. Make sure the court always has your correct address.

What If You Move?

Tell the immigration court every time your address, phone number, or email changes. Use Form EOIR-33/IC. You normally must send it within five working days of the change.

Changing your address with USCIS does not automatically change it with immigration court. These are different parts of the government.

If you move far away, your court case does not move by itself. You may need to ask the judge to move your case to another court. You must still go to your scheduled hearing unless the judge approves the change.

Why You Must Go to Every Hearing

It is important to attend every immigration court hearing. If you do not appear, the judge may order you deported while you are not there. This is called an in absentia removal order.

A request to change your hearing does not cancel the hearing. Keep planning to attend unless the judge approves your request.

If you already missed court, check your case status and speak with an immigration lawyer right away. In some cases, it may be possible to ask the judge to reopen the case. The rules and deadlines depend on why the hearing was missed.

What Happens at Your First Hearing?

The first hearing is often called a master calendar hearing. It is usually not the final hearing. This hearing is mainly for questions, forms, deadlines, and planning the next steps.

At this hearing, the judge may:

• Explain why the government says you can be deported
• Ask if the information in your NTA is true
• Ask if you agree or disagree with the government’s reasons
• Ask what type of immigration protection you plan to request
• Give you deadlines for forms and evidence
• Set the date for another hearing

Your answers can affect your case. If possible, speak with a lawyer before you answer the charges on the NTA.

You have the right to hire an immigration lawyer, but the government will not appoint or pay for one. If you need an interpreter to understand the hearing, tell the court. The court can provide one.

What Is an Individual Hearing?

The individual hearing is the longer hearing where you present your case. You may speak to the judge, bring witnesses, and give the court evidence. The government can also present evidence. The judge may make a decision at the hearing or later.

What Papers Should You Gather?

Put all your important papers in one safe place. Bring them when you meet with a lawyer. Start with:

• Your NTA and every immigration court notice
• ICE and USCIS papers
• Your passport, visa, ID, and I-94 record
• Copies of immigration forms you filed before
• Birth, marriage, and divorce records
• Proof of where you lived and worked
• Court records for every arrest or criminal case, even if the case was dismissed
• Records about abuse, crime, trafficking, medical problems, or fear of returning to your country, if they apply to you

Do not send papers to the court just because you have them. Ask a lawyer what your case needs and when each item must be filed.

Can You Fight Removal Proceedings?

Yes, in some cases. You may be able to fight removal or ask for a legal way to stay in the United States. The right option depends on your immigration history and the facts of your case.

Possible options may include asylum, cancellation of removal, VAWA cancellation of removal for some survivors of abuse, or another form of VAWA-related protection. Some people may be able to apply through a family member. Help may also be available to some victims of crime or human trafficking. A person may also have a defense if the government’s information is wrong.

Having a case with USCIS does not automatically stop immigration court. A lawyer should review both cases together.

Learn more about how our removal defense lawyers help people in immigration court.

What If ICE Detains You?

If ICE is holding you, tell a trusted person your full name, country of birth, A-number, and where you are being held, if you know.

Your family can use ICE’s Online Detainee Locator System to look for you. A lawyer can also review whether you may be able to ask for release or a bond hearing. Not everyone qualifies for bond.

Read our guide on what to do if ICE detains you for more information.

Common Mistakes to Avoid

• Ignoring an NTA because it has no court date
• Missing a hearing
• Moving without updating the court
• Thinking a request to change the hearing means you do not have to go
• Agreeing that the NTA is correct before you understand it
• Filing forms without checking the rules and deadlines
• Thinking a USCIS case automatically stops immigration court
• Leaving the United States without asking how it could affect your case

Common Questions About Removal Proceedings

Is an NTA the same as a deportation order?

No. An NTA is the charging document used in removal proceedings. The court case begins when DHS files the NTA with immigration court. It does not mean a judge has already ordered you deported.

What if I cannot find my case online?

Keep checking and watch your mail. The case may not appear until the government files your NTA with the court and the court schedules a hearing.

Can I ask for time to find a lawyer?

You can ask the judge for more time, but the judge does not have to approve the request. Keep records of the lawyers and legal groups you contacted.

How long will my case take?

There is no one timeline. Some cases move quickly. Others take much longer. Follow the dates and deadlines on your own court papers.

Get Help With Your Immigration Court Case

You do not have to understand every part of immigration court before asking for help. Start by saving your papers, checking your next hearing date, and learning what options may apply to your case.

The Law Firm of Moumita Rahman helps people in removal proceedings, including people who are detained by ICE. Call (212) 248-7907 or submit your information online to ask for a case evaluation.

This guide gives general information, not legal advice for your case. Immigration rules can change. A lawyer should review your papers and your full history.