Removal Proceedings or Non-Citizens in Deportation

Question: I am now in removal proceedings.
I also have many friends who are in the same type of removal proceedings.
However, all of us have different situations.

Answer: The Executive Office for Immigration Review (EOIR), an agency of the Department of Justice, oversees three components which adjudicate matters involving immigration law matters at both the trial and appellate level.
Under the Office of the Chief Immigration Judge, more than 200 Immigration Judges located in 53 Immigration Courts nationwide conduct proceedings and decide individual cases.
The agency includes the Board of Immigration Appeals (BIA), which hears appeals of Immigration Judge decisions, and the Office of the Chief Administrative Hearing Officer, which handles employment-related immigration matters.
Immigration Judges conduct removal proceedings, which account for approximately 80 percent of their caseload.
Thus, the removal proceeding is now generally the sole procedure for determining whether an alien is inadmissible, deportable, or eligible for relief from removal.
The Department of Homeland Security (DHS) is responsible for commencing a removal proceeding. As these proceedings commence, non-citizens must prepare for their case.

Removal proceedings generally require an Immigration Judge to make two findings:
(1) a determination of the alien’s removability from the United States, and
(2) thereafter deciding whether the alien is eligible for a form of relief from removal.
Usually at the beginning, an Immigration Judge conducts a bond redetermination hearing for aliens who are in DHS detention.
These hearings are generally informal and are not a part of the removal proceedings, though they are important.

Question: One of my friends actually already has their Green Card.
Why would he be in removal proceedings?

Answer:Immigration Judge can conducts a rescission hearing to determine whether a lawful permanent resident (LPR)
should have his or her residency status rescinded. Meanwhile, involvement in removal proceedings could also arise if a crime has been committed.
Additionally, it is possible for someone who is an LPR to commit a crime making them ineligible to keep their Green Card.

 — Deadlines & Next Steps (what to do now)

Removal (deportation) proceedings are driven by strict deadlines. Missing a filing or a hearing date can forfeit relief options and create serious immigration consequences. Therefore, once a Notice to Appear (NTA) or other charging document is received, take immediate steps to secure records, calendar deadlines, and begin evidence collection. The checklist below converts common deadlines into practical next steps so you and your client can act quickly and confidently.

Critical deadlines at a glance

• Master calendar hearing date — attend. Missing it can lead to in absentia removal; preserve evidence if notice was not received.
• Deadlines to file applications (I-212, I-601, I-485 where available) — file before the court-ordered cut-off.
• Motions to reopen/reconsider — statutory windows apply; late motions require special justification.
• Appeal windows to the BIA — usually 30 days from decision; missing it risks finality.
• Responding to RFEs/NOIDs — respond promptly to preserve adjudicative opportunities.

First 24–72 hours (urgent actions)

1. Save all documents: NTA, I-94, USCIS/ICE notices, passport, prior filings, and mail/email from DHS.
2. Calendar every date (paper & electronic): hearing dates, filing cutoffs, appeal windows, biometrics, and status-checks.
3. Place a litigation hold on client records and instruct client to preserve communications and receipts.
4. Contact counsel to triage relief options (asylum, cancellation, adjustment, waivers, motions).
5. Request continuance only strategically—decide with counsel whether additional time is necessary.

Evidence & filing plan (first 2 weeks)

• Identity & entry: passport, I-94, travel records, affidavits.
• Continuous residence & equities: paystubs, rent, school/medical records, tax returns.
• Criminal/court records: certified dispositions, police reports, probation documents.
• Country conditions & persecution evidence: reports, news, expert declarations.
• Prepare declarations and assemble exhibits with page-numbered tabs.

Tactical filings to consider

• Motions to terminate for jurisdictional or notice defects.
• Motions to continue to gather evidence or coordinate collateral filings.
• Concurrent filings: I-485, I-601/I-601A, I-212 when timely and appropriate.
• Bond/stay requests if detention or imminent removal is a concern.

Quick checklist

• Save certified copies (NTA, A-file, prior notices).
• Calendar all deadlines and hearing dates.
• Draft client declaration and exhibit index.
• Order certified dispositions and expert reports.
• Prepare bond packet if detained and file prioritized motions/applications.

How we help

We audit files, calendar deadlines, draft and file motions to terminate/reopen/continue, assemble exhibit-ready packages and expert declarations, prepare bond/stay petitions, file concurrent applications, and represent clients at hearings and appeals.