Facing Immigration Court? Understand Your Options and Prepare Your Defense.
Receiving a Notice to Appear, facing removal proceedings, or learning that you have a hearing before an immigration judge can be overwhelming. What happens next may depend on your immigration history, the allegations against you, and the forms of relief or defense that may be available under U.S. immigration law.
Rivera Gainza, P.A. represents individuals in Immigration Court and removal proceedings, helping clients understand the process, prepare their cases, and evaluate the legal options available based on their individual circumstances.
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Are You Facing Immigration Court or Removal Proceedings?
You may need legal guidance if:
Do not ignore notices or scheduled hearings from Immigration Court.
Understanding what type of proceeding you are facing is an important first step toward determining what options may be available.
What Are Removal Proceedings?
Removal proceedings are legal proceedings before an immigration judge in which the U.S. government seeks to establish that a person is removable from the United States.
A person may enter removal proceedings under many different circumstances. The process commonly involves a document known as a Notice to Appear (Form I-862), which contains factual allegations and legal charges concerning removability.
Receiving an NTA does not, by itself, mean that an immigration judge has already ordered you removed from the United States.
The Immigration Court process provides an opportunity to respond to the government’s allegations and charges and, when applicable, pursue forms of relief from removal.
The legal issues and options available will depend on the facts of the individual case.
Notice to Appear (NTA)
The Notice to Appear, commonly called an NTA, sets out allegations and charges that form the basis of the government’s removal case.
Master Calendar Hearing
A Master Calendar Hearing generally addresses procedural matters, including the allegations and charges in the NTA, pleadings, potential applications for relief, filing deadlines, and future hearings.
Preparing Your Case
Depending on the circumstances, the case may involve applications, legal arguments, supporting documentation, witness preparation, motions, and other evidence.
Individual Hearing
When contested matters or applications for relief require an evidentiary hearing, an Individual Calendar Hearing, sometimes called a merits hearing, may be scheduled. The immigration judge can hear testimony and arguments and consider evidence presented by the parties.
What Options May Be Available in Removal Proceedings?
There is no single defense that applies to every Immigration Court case.
Depending on a person’s immigration history, family circumstances, time in the United States, prior applications, fear of returning to another country, criminal history if applicable, and other facts, potential legal issues or forms of relief may include:
Asylum and related protections
Certain individuals who fear persecution or harm if returned to another country may seek qualifying forms of protection.
Cancellation of Removal
Certain individuals in removal proceedings may be eligible to request cancellation of removal if they satisfy the applicable legal requirements.
Adjustment of Status
In some circumstances, an individual in removal proceedings may have a potential path to lawful permanent residence.
Humanitarian Relief
Depending on the facts, certain humanitarian protections may be relevant.
Challenges to Removability
The allegations or legal charges presented by the government may require legal analysis and a response before the Immigration Court.
Motions to Reopen or Reconsider
In certain circumstances, a person may seek further consideration of a prior Immigration Court matter.
Other Forms of Relief
Immigration law provides additional forms of relief that may apply depending on the facts and procedural posture of a case.
Eligibility is not automatic. Each form of relief has specific legal requirements, and the appropriate strategy depends on the individual circumstances.
Did You Miss an Immigration Court Hearing?
Missing an Immigration Court hearing can have serious consequences.
Depending on the circumstances, proceedings may continue without the respondent present and an immigration judge may issue an order of removal in absentia.
If you missed a hearing, important questions may include:
Do not assume that an old removal order automatically means there are no options—or that it can automatically be reopened.
The circumstances and procedural history should be evaluated individually.
Why Legal Representation Matters in Immigration Court
Immigration Court proceedings involve legal arguments, procedural requirements, filing deadlines, evidence, and potentially life-changing decisions.
EOIR states that individuals in Immigration Court may represent themselves or obtain representation from an authorized practitioner, but the government generally does not provide an attorney at government expense.
Legal representation may include:
At Rivera Gainza, P.A., our attorneys work with clients to understand their individual circumstances and develop a legal strategy appropriate to their case.
What Happens in Immigration Court?
No two Immigration Court cases are exactly alike.
A strategy that may be appropriate for one person may not be available—or advisable—for another.
Rivera Gainza, P.A. provides individualized representation for clients facing Immigration Court and other immigration matters. Our attorneys evaluate the facts, immigration history, procedural posture, and potential legal options before determining how to approach a case.
Our approach focuses on:
Related Immigration Services
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Facing an Immigration Matter? Start by Understanding Your Options.
If you received a Notice to Appear, have an upcoming Immigration Court hearing, or are facing removal proceedings, Rivera Gainza, P.A. can evaluate your circumstances and discuss the legal options that may be available.
Hablamos Español.
Frequently Asked Questions About Immigration Court
Notice to Appear (NTA)
The first thing to note is that you will receive a notice requiring you to appear in immigration court.
Master Calendar Hearing
You appear in court to confirm the charges and request to apply for cancellation, supported by lawyers specializing in the cancellation of removal or deportation.
Submit Your Application
You file Form EOIR-42A (for green card holders) or EOIR-42B (for non-LPRs), along with documents and proof.
Individual Hearing
This is where you and your lawyer explain your case, give testimony, and present evidence before a judge.
Decision by the Judge
The judge will make the decision to approve or deny your request, but it may take months or even years to reach a final decision.
