What Happens During Removal Proceedings in Immigration Court?

 Posted on December 27, 2025 in Immigration

As of 2025, removal proceedings still follow federal immigration law and court procedures set by the Executive Office for Immigration Review. These cases move through a specific process, and understanding that process can reduce uncertainty. If you have questions about removal proceedings and how they relate to your circumstances, our Naperville, IL immigration lawyer can help.

What Are Removal Proceedings?

Removal proceedings are formal court cases held in immigration court. They are used to decide whether a non-citizen may stay in the United States or must be removed. These cases are governed by federal law under 8 U.S.C. § 1229a. Immigration court is civil, not criminal. This means the focus is on immigration status, not any type of criminal guilt. An attorney from the Department of Homeland Security represents the government. The individual appears before an immigration judge.

How Does a Removal Case Start?

Most removal cases begin with a document called a Notice to Appear. This document lists the government’s allegations and explains why it believes the person is removable.

The Notice to Appear also orders the person to appear in immigration court. Failing to attend can result in serious consequences, including an order of removal issued without the person present. Understanding the charges listed in this document is an important first step, and an experienced attorney can help.

What Happens at the First Immigration Court Hearing?

The first immigration hearing is usually called a master calendar hearing. This is a brief, procedural hearing rather than a full trial. It sets the direction of the case but usually does not decide the final outcome.

At this hearing, the judge confirms basic information and explains the charge. They will also ask whether those charges are admitted or denied and talk about what forms of relief, if any, the person plans to seek.

What Are Common Forms of Relief in Removal Proceedings?

Relief refers to legal options that may allow someone to remain in the United States. Eligibility depends on many factors, including immigration history, family ties, and past conduct.

Common forms of relief may include:

• Cancellation of removal for certain long-term residents
• Adjustment of status through a qualifying family relationship
• Asylum, withholding of removal, or protection under the Convention Against Torture
• Voluntary departure, which allows leaving the country without a removal order

Each form of relief has strict requirements and deadlines.

What Is an Individual Hearing in Immigration Court?

If relief is requested, the court schedules an individual hearing. This is the main hearing where evidence is presented. During an individual hearing, the person may testify, present documents, and call witnesses. The government may also present evidence and ask questions.

The immigration judge listens to both sides and then makes a decision. Sometimes, the decision is given right away. In other cases, it is issued later in writing.

What Evidence Is Reviewed During Removal Proceedings?

Immigration judges review many types of evidence. This evidence helps determine whether the person is removable and whether relief applies.

Common evidence may include:

• Immigration records and prior applications
• Identification documents and travel history
• Family records showing relationships
• Employment and tax records
• Country condition reports in asylum-related cases

Clear and organized evidence helps the judge understand the full picture and make a more informed decision about the case.

What Happens After the Immigration Judge Makes a Decision?

If the judge grants relief, the person may be allowed to remain in the United States under specific terms. If relief is denied, the judge may issue an order of removal.

In many cases, there is a right to appeal the decision to the Board of Immigration Appeals. That has to be filed within strict deadlines. Your legal representation can step in and do that right away.

Schedule a Free Consultation With a DuPage County, IL Immigration Attorney

Removal proceedings can be stressful, but understanding the process can help you feel more prepared. For more than 40 years, Attorney Steven H. Mevorah has been serving the needs of immigrants throughout Northern Illinois. If you are facing removal proceedings or have questions about immigration court, call 630-932-9100 to schedule a free consultation with an experienced Naperville, IL immigration lawyer at Mevorah & Giglio Law Offices.