In an era where immigration enforcement has sharpened its edges—expedited removals expanded nationwide since January 2025, detention numbers at record highs, and court backlogs hovering around 3.7 million cases—receiving a Notice to Appear (NTA) feels less like a legal footnote and more like a seismic jolt. Removal proceedings, the formal process by which the U.S. government seeks to deport a non U.S. citizen, are civil, not criminal, yet the stakes couldn’t be higher: family separation, shattered futures, return to danger. But these hearings are also battlegrounds where skilled advocacy can turn the tide. This guide strips away the legalese to reveal what really happens inside immigration court—and how to fight back effectively.
What Are Removal Proceedings?
Removal proceedings are the U.S. government’s courtroom mechanism to determine whether a noncitizen must leave the country. Triggered when the Department of Homeland Security (DHS) believes someone is deportable under the Immigration and Nationality Act (INA), they replaced older “deportation” and “exclusion” processes in 1996.
The purpose is straightforward: establish removability and, if proven, issue an order of removal—unless the individual qualifies for relief.
Common grounds fall under INA § 237 (deportability for those admitted) or § 212 (inadmissibility for those seeking admission). They include:
- Overstaying a visa or unlawful presence
- Entry without inspection
- Criminal convictions: crimes involving moral turpitude (CIMTs), aggravated felonies, controlled-substance offenses (except a single small marijuana possession), domestic violence, firearms offenses, or high-speed flight from immigration checkpoints
- Fraud or misrepresentation to obtain immigration benefits
- Smuggling, marriage fraud, or failure to register as required
- Security-related grounds (rare but severe): terrorism, espionage, or activities endangering U.S. foreign policy
In 2025, even long-term residents and those who entered lawfully can find themselves swept into proceedings if prior parole is revoked or new enforcement priorities flag old records.
The Removal Proceedings Process
Standard removal under INA § 240 remains the default for most interior cases, but expedited removal—now applicable nationwide to those unable to prove two years’ continuous presence—can bypass judges entirely unless credible fear is established.
Issuance of Notice to Appear (NTA)
The journey begins with the NTA, served by ICE or another DHS component. It lists alleged facts, charges of removability, and the first hearing date (though dates shift due to backlog).
Master Calendar Hearing
Your first court appearance, often brief and crowded. The immigration judge confirms identity, advises rights (including the right to counsel—at your expense), reviews charges, and takes “pleadings”: you admit or deny allegations and state intended relief. Multiple MCHs are common as cases develop.
Individual Hearing (Merits Hearing)
The main event. You present evidence, witnesses testify (sometimes remotely), and attorneys argue law. The government bears the burden if you’re a lawful permanent resident; otherwise, you may need to prove admissibility or eligibility for relief. Cross-examination is intense; credibility is everything.
Judge’s Decision and Possible Outcomes
Decisions can be oral on the spot or in writing. Outcomes: order of removal, grant of relief (asylum, cancellation,I-751, INA 237 waiver, etc.), voluntary departure, or termination/administrative closure (rare but possible under current regulations).
Timelines in Removal Proceedings
Pre-2025, cases dragged years. In November 2025, aggressive completions have trimmed the backlog slightly to under 3.75 million, but new filings still outpace resolutions. Typical timeline:
- NTA to first MCH: weeks to months
- MCH to merits: 1–4 years, depending on court (New York, San Francisco worst; smaller dockets faster)
- Appeals to Board of Immigration Appeals (BIA): months to years depending on if you are detained or not
- Circuit court appeals: another 1–3 years
Detained cases move faster—sometimes months—but non-detained languish. Delays cut both ways: more preparation time, but prolonged uncertainty.
Common Types of Relief and Defenses
Winning isn’t just denying removability; it’s proving eligibility for relief. Top options to apply before an immigration judge:
- Asylum/Withholding of Removal/CAT: Protection if you fear persecution or torture.
- Cancellation of Removal: For LPRs (7 years residence + no aggravated felony) or non-LPRs (10 years presence, exceptional hardship to U.S.-citizen/LPR family).
- VAWA Cancellation of Removal
- Adjustment of Status: Marry a U.S. citizen or qualify through family/employment—often paired with a waiver.
- Prosecutorial Discretion/Bond: ICE may close low-priority cases; bond hearings determine release.
- Temporary Protected Status (TPS), U/T visas, VAWA—if eligible.
- I-751, Removal of Conditions on your green card
- INA 237h waiver – The magic waiver
How to Prepare Your Defense for Removal Proceedings?
Time is your ally and enemy. Act immediately.
- Hire experienced counsel yesterday. Representation multiplies success rates. Firms like AKN Immigration have a strong track record in removal defense, asylum, cancellation, waivers, and appeals nationwide, with attorneys who appear regularly before EOIR.
- Gather documents early: Birth/marriage certificates, tax returns, school records, medical/psychological reports, country-conditions evidence. It is your burden to present evidence in support of your application relief. If you do not submit the evidence at the immigration court stage it becomes close to impossible to submit it later.
- Build the record: Affidavits from family/friends/employers, police reports (or clearances), rehabilitation proof for criminal cases.
- File applications meticulously: Asylum (Form I-589), cancellation (EOIR-42A/B), adjustment (I-485).
- Practice testimony: Credibility wins or loses cases. Rehearse direct and brutal cross-examination with your lawyer.
- Meet every deadline: Miss one, lose relief.
Practical Tips for Court Appearance
Immigration court is a court, respect matters.
- Arrive 1–2 hours early (lines are brutal).
- Dress professionally—, no flashy jewelry.
- Speak only when addressed; address the judge as “Your Honor”
- Bring your witnesses
- Stay calm under cross—lies or evasions destroy credibility.
What to Do If Detained During Proceedings?
Detention hit record high in mid-2025. Request a bond hearing ASAP, if eligible (some categories mandatory detention). ICE Parole is possible for medical/humanitarian reasons but tha has become close to impossible post 2025. Stay in constant touch with counsel—detained cases move fast. Attorneys at AKN Immigration have secured bond or parole for countless clients even in “mandatory” detention scenarios.
Conclusion
Removal proceedings are daunting, politicized, and backlogged—but they are not hopeless. Thousands win relief every year through meticulous preparation, compelling evidence, and fierce advocacy. If that NTA just landed in your hands, do not go it alone. Contact an experienced removal defense lawyer immediately. AKN Immigration offers consultations and has helped families and individuals nationwide stay together when everything seemed lost.
You have rights. You have options. Your future in the United States is worth fighting for, and we are here to help you win.
