Case Details



Immigration removal proceedings in the US are legal proceedings that determine whether a non-citizen, who is currently in the United States, will be allowed to remain in the country or be removed (deported) to their home country. These proceedings are conducted by the US Department of Justice’s Executive Office for Immigration Review (EOIR) through an administrative court called the Immigration Court.
The removal proceedings are initiated when an individual is placed into removal proceedings, usually after being arrested by immigration authorities or after an immigration judge has determined that they are in the United States unlawfully. The reasons for removal can vary, such as overstaying a visa, entering the country illegally, or committing a crime.
During the proceedings, the non-citizen has the right to be represented by an immigration attorney and to present evidence and arguments to the immigration judge. The government is represented by a prosecutor from the US Department of Homeland Security.
The immigration judge will consider the evidence presented by both sides and make a decision on whether the non-citizen will be allowed to remain in the United States or be removed. If the non-citizen is ordered removed, they may have the right to appeal the decision to the Board of Immigration Appeals.
It is important to note that non-citizens in removal proceedings have certain rights, including the right to an attorney, the right to review and challenge the evidence against them, and the right to appeal a removal order.

The Challenge

Non-citizens facing removal proceedings in the US can face several challenges. Some of the most common challenges include:
  • Language barriers: Non-citizens may have difficulty communicating with their attorney or understanding the court proceedings due to language barriers.
  • Lack of legal representation: Many non-citizens cannot afford an attorney, and without legal representation, they may not be able to effectively present their case or defend themselves against removal.
  • Complexity of the legal system: The US immigration system is complex and constantly changing. Non-citizens may have difficulty understanding the legal system and the procedures involved in removal proceedings.
  • Limited access to evidence: Non-citizens may have difficulty accessing evidence, such as witness statements or documentation, to support their case.
  • Limited eligibility for relief: Non-citizens facing removal may have limited eligibility for relief, such as asylum or cancellation of removal, depending on their specific circumstances and the reason for their removal.
  • Detention: Non-citizens facing removal may be held in detention during the proceedings, which can make it difficult to communicate with their attorney or gather evidence to support their case.
  • Fear of returning to their home country: Non-citizens facing removal may have a legitimate fear of persecution or harm if they are returned to their home country, which can make the proceedings even more challenging.

It is important for non-citizens facing removal proceedings to work with an experienced immigration attorney who can help them navigate the legal system, present a strong case for relief, and protect their rights throughout the process.

Why You Need An Attorney

If you are facing removal proceedings in the US, hiring an experienced immigration attorney is strongly recommended. Here are some of the reasons why:
  • Legal expertise: An immigration attorney has the legal knowledge and experience needed to navigate the complex immigration system and advocate for your rights.
  • Protection of your rights: An attorney can help to protect your rights throughout the proceedings and ensure that you are treated fairly.
  • Defense against removal: An immigration attorney can help you build a strong defense against removal, gather evidence, and present your case effectively to the immigration judge.
  • Access to legal options: An attorney can help you understand the legal options available to you and determine the best course of action for your specific situation.
  • Representation in court: If your case goes to court, an attorney can represent you in front of the immigration judge and fight for your right to remain in the United States.
  • Increased chances of success: Statistics show that non-citizens who are represented by an attorney in removal proceedings are more likely to receive relief from removal than those who are not represented.
  • Emotional support: Facing removal proceedings can be an incredibly stressful and emotional experience. An immigration attorney can provide emotional support and guidance throughout the process.

Hiring an immigration attorney can significantly increase your chances of success in removal proceedings and ensure that your rights are protected throughout the process.