Receiving a Notice to Appear (NTA) in immigration court is one of the most frightening experiences a noncitizen can face. It means the U.S. government is seeking to remove (deport) you from the country. But being placed in removal proceedings does not mean deportation is inevitable. Many people in removal proceedings have legal options — and understanding them can make the difference between staying in the United States and being forced to leave.
What Is Removal Proceedings?
When the government seeks to remove a noncitizen from the United States, the case goes before an Immigration Judge in the Executive Office for Immigration Review (EOIR). This is a formal legal proceeding, adversarial in nature: the government (represented by an attorney from the Department of Homeland Security) argues for removal, while the respondent (ideally represented by their own attorney) defends against it.
Removal proceedings can be initiated for many reasons: entering without inspection, overstaying a visa, violating conditions of status, committing certain crimes, or engaging in fraud or misrepresentation. Even lawful permanent residents can be placed in removal proceedings for certain criminal convictions.
The Notice to Appear (NTA)
The NTA is the document that formally initiates removal proceedings. It describes the factual allegations against you and the legal charges (called “grounds of removability”). Reading the NTA carefully — and identifying any factual errors or legally insufficient charges — is the first step in building a defense.
You must appear at every immigration court hearing. Failure to appear almost always results in an in absentia removal order — meaning you will be ordered deported without ever having the chance to present your case.
Grounds of Removability
The Immigration and Nationality Act lists numerous grounds on which a noncitizen may be removed. The major categories include:
Inadmissibility grounds (for those who were never lawfully admitted): Violations of immigration law, criminal grounds, security grounds, health-related grounds, and misrepresentation.
Deportability grounds (for those who were lawfully admitted): Criminal convictions (aggravated felonies, crimes involving moral turpitude, drug offenses, domestic violence offenses), failure to maintain or comply with conditions of nonimmigrant status, security grounds, and others.
Understanding which specific ground applies to your situation is essential for identifying available defenses.
Forms of Relief in Immigration Court
Even if the government’s factual allegations are accurate, you may be eligible for relief from removal. Common forms include:
Cancellation of Removal for Permanent Residents: LPRs who have been permanent residents for at least five years, continuously resided in the U.S. for at least seven years, and have not been convicted of an aggravated felony may apply for cancellation of removal. The judge has discretion to grant or deny.
Cancellation of Removal for Non-Permanent Residents: Non-LPRs who have been continuously present in the U.S. for at least 10 years, demonstrate good moral character, and can show that their removal would cause “exceptional and extremely unusual hardship” to a U.S. citizen or LPR spouse, parent, or child may apply for cancellation. Only 4,000 of these are granted per year nationwide, making the standard quite difficult.
Asylum, Withholding of Removal, and Convention Against Torture Protection: If you fear persecution or torture in your home country, you may apply for asylum (if within the one-year deadline or an exception applies), withholding of removal, or protection under the Convention Against Torture (CAT). Withholding and CAT protection do not lead to a green card but prevent removal to the dangerous country.
Adjustment of Status: If you are eligible for a green card (through family, employment, or other means), you may be able to apply for adjustment of status in immigration court, terminating the removal proceedings.
Voluntary Departure: If you have no other options, voluntary departure allows you to leave on your own by a certain date without a formal order of removal. This avoids the 10-year bar that comes with a removal order and may preserve some options for future immigration benefits.
The Role of Criminal Convictions
Criminal convictions can dramatically affect removal proceedings. Certain crimes — including aggravated felonies — not only make a noncitizen deportable but also eliminate eligibility for most forms of relief. The intersection of criminal law and immigration law (called “crimmigration”) is one of the most complex areas of immigration practice.
If you are a noncitizen facing criminal charges, your criminal defense attorney must understand the potential immigration consequences. A plea that minimizes criminal punishment may maximize immigration harm, and vice versa. Ideally, a criminal defense attorney and an immigration attorney should work together when a noncitizen faces criminal charges.
The Importance of Legal Representation
Studies have consistently shown that represented respondents in immigration court have dramatically better outcomes than those without attorneys. In some studies, represented individuals were more than five times as likely to obtain a favorable outcome. Yet immigration court does not provide appointed counsel — noncitizens must find and pay for their own representation.
Nonprofit organizations, law school clinics, and pro bono programs provide some free immigration court representation, though demand far exceeds capacity. Finding legal help as quickly as possible after receiving an NTA is critical.
Appeals
If the Immigration Judge denies your case, you can appeal to the Board of Immigration Appeals (BIA). If the BIA affirms the denial, you can petition for review in the appropriate federal circuit court. These appeals can take years and require sophisticated legal arguments — but they can and do succeed when there are errors of law in the lower court decisions.
Final Thoughts
Removal proceedings are serious, but they are not the end of the road. Many people who face immigration court successfully defend their cases and remain in the United States. The key is acting quickly, securing qualified legal representation, understanding your rights and options, and appearing at every hearing.
