What Are Removal Proceedings?

Removal proceedings are formal hearings in immigration court where a judge determines whether a noncitizen must leave the U.S. or qualifies for relief from removal. These proceedings begin when the U.S. government alleges that an individual is in the U.S. unlawfully or has violated immigration laws. Generally, the government must prove that an individual is a foreign citizen and is in the U.S. in violation of law. If those facts are established, an immigration judge may consider relief from removal.

At BPR Immigration Law, we help individuals navigate the removal process, defend against deportation, and seek legal relief.

Facing removal proceedings?

How Do Removal Proceedings Start?

Removal proceedings begin when the Department of Homeland Security (DHS) issues a Notice to Appear (NTA) in immigration court.

Step 1: Issuance of a Notice to Appear (NTA)

DHS files a Notice to Appear (NTA) with the immigration court.
The NTA should include:
- Allegations against the individual.
- The legal basis for removal.
- Date and location of the first hearing.

Step 2: Receiving a Notice of Hearing

The immigration court sends a Notice of Hearing, listing the date, time, and location of the first court appearance.

Step 3: Master Calendar Hearing (First Court Appearance)

A preliminary hearing where the respondent (individual in proceedings) can:
✔ Admit or deny the charges in the NTA.
✔ Identify defenses against removal (e.g., asylum, cancellation of removal).
✔ Request additional time to find an attorney (if unrepresented).

Who Is Involved in Removal Proceedings?

✔ Immigration Judge (IJ) – Presides over the case, hears arguments, and issues a decision on removal or relief.
✔ U.S. Immigration and Customs Enforcement (ICE) – Represents the U.S. government and argues for removal.
✔ Respondent (Noncitizen in Proceedings) – The individual facing deportation.
✔ Immigration Attorney – Represents the respondent, defends against deportation, and presents legal relief options.

What Are the Possible Outcomes of Removal Proceedings?

Case Terminated

If the government fails to prove its case, the judge may dismiss the removal case, allowing the individual to stay.

Voluntary Departure

The respondent may agree to leave the U.S. voluntarily to avoid a formal deportation order.

Grant of Relief from Removal

If the respondent qualifies for legal relief, they may be allowed to stay in the U.S.

Common forms of relief include:

Asylum
Cancellation of removal.
Adjustment of status (green card).

Deportation Order Issued

If no relief is granted, the judge will order the respondent’s removal from the U.S.

What Happens If You Don’t Attend Your Hearing?

Missing a removal hearing results in an automatic removal order:

The judge will likely grant the government’s request for removal in absentia.
Individuals who miss their hearing may be barred from future immigration benefits.
In some cases, a motion to reopen the case may be possible if:
- The individual did not receive the hearing notice.
- There were exceptional circumstances preventing attendance.

How can Benach Pitney Reilly Immigration Help?

At Benach Pitney Reilly Immigration, we:

Defend individuals facing removal in immigration court.
Help clients apply for relief from deportation (asylum, cancellation of removal, waivers).
Represent clients in bond hearings to secure release from detention.
File motions and appeals to fight unjust removal orders.

Why Partner with Benach Pitney Reilly Immigration

Personalized Strategy: Each case receives a tailored approach based on specific circumstances.
Proven Track Record: Success in uniting families through immigration solutions.
Clear Communication: Regular updates and transparency throughout the legal process.
Dedicated Advocacy: Persistent efforts to achieve favorable case outcomes.

See What Our Clients Say About Us!

""I am beyond grateful for the incredible support I received from my immigration lawyer, Ava Benach, and her amazing team. From the very start, they treated me with kindness, patience, and understanding, making a complex and overwhelming process feel manageable. Despite the challenges of my case, Ava made the impossible possible. She is not only an exceptional attorney but also a compassionate and generous human being who genuinely cares about her clients. Her dedication, expertise, and unwavering support were invaluable to me. I also want to extend my deepest gratitude to Ava’s wonderful colleagues, Ashley and Erica, who were incredibly helpful, meticulous, and always punctual. Their attention to detail and commitment made all the difference, and I truly appreciate their hard work. The level of service I received was worth far more than the fees we paid. Ava’s knowledge and professionalism are unmatched, and I trusted her completely every step of the way. If you need an immigration lawyer who will fight for you while treating you with respect and care, I wholeheartedly recommend Ava Benach and her team. Thank you, Ava, Ashley, Erica, and the entire team, for everything you have done for me!"" - Abdullah K.

""For those of you who need immigration assistance from a kind human soul and an expert lawyer, you don’t need to look further than Ava Benach. I have known Ava since around 2013, and throughout the years, she has been more than just my lawyer—she has been a trusted advocate, a source of strength, and a guiding light during uncertain times. From the very first moment I spoke with her, I felt an immediate sense of trust and reassurance. She listens with genuine care, treats every case with the utmost dedication, and makes sure her clients fully understand their options. Ava’s expertise in immigration law is unmatched. She has an incredible ability to break down even the most complex legal matters, ensuring her clients feel informed and empowered. She is not just a brilliant attorney—she is also a compassionate human being who truly cares about the people she represents. Beyond her legal work, Ava’s dedication to helping others extends to her writing and advocacy. Her blog on naturalized citizenship and denaturalization is just one example of how she takes the time to educate and support not only her clients but also the wider immigrant community. She goes above and beyond to make sure people have the knowledge and resources they need to navigate their journey with confidence. I cannot fully express how grateful I am to have had Ava by my side. She is an exceptional attorney who fights tirelessly for justice while treating her clients with kindness, respect, and unwavering support. If you need an immigration lawyer who is not only highly skilled but also deeply compassionate, Ava Benach is the one to call. Thank you, Ava, for everything you have done for me and for so many others. You are truly making a difference in the world, and I am forever grateful."" - Genet A.

""I am incredibly grateful to Benach Pitney Reilly Immigration for their outstanding support and expertise throughout my immigration case. From the very first consultation, I felt welcomed and assured that I was in good hands. The team was not only knowledgeable but also genuinely caring, taking the time to answer all my questions and explain the process in detail. Ava and Sarah were especially helpful, and they guided me every step of the way, providing clear communication and keeping me updated on progress. Their hard work and dedication made a significant difference in experience. I highly recommend Benach Pitney Reilly Immigration to anyone in need of immigration assistance. They are truly a team of professionals who care about their clients and fight for their success. Thank you once again, Benach Pitney Reilly Immigration !"" - Raymond A.

""I cannot express enough gratitude to Benach Pitney Reilly Immigration. Thanks to your professionalism, dedication, and deep knowledge of immigration law, I now have my green card. From day one, your team demonstrated a genuine commitment to my case, providing not only expert advice but also compassionate support that made all the difference in this important process for me. I wholeheartedly recommend Benach Pitney Reilly Immigration to anyone looking for a reliable, professional and efficient team for immigration matters and thank you. miss sarah pitney for helping me in this long process that gave everything so that i was in the best way thank you for everything"" - Carlos M.

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""Ava is an immigration powerhouse! Her expertise and commitment to her clients are unmatched. While other lawyers were at a loss, Ava took charge and confidently navigated our case with precision. From day one, she knew exactly what needed to be done and executed it flawlessly. Thanks to Ava’s relentless dedication, we have our green card! She went above and beyond, and we are beyond grateful for her exceptional work. If you need an immigration expert, Ava is the one you want on your side."" - Fede P.

""My Immigration Journey: From Uncertainty to Triumph! I embarked on my immigration journey 5-6 years ago, navigating uncharted waters with little understanding of the complex process. I faced numerous challenges, changed lawyers, and sought answers, but to no avail. That was until I found Benach Pitney Reilly Immigration. Through diligent research, I discovered the right team and was fortunate to have Dree as my initial consultation attorney. She was knowledgeable, empathetic, and provided invaluable guidance, setting the tone for a successful partnership. As my case progressed, I had the pleasure of working with David, who took the reins and expertly navigated me through the remaining process. David, you are a beacon of hope, guidance, and humility. Your selflessness, compassion, and willingness to help are traits that make you an outstanding attorney and an inspiration to many. Under the exceptional guidance of Dree and David, my immigration process transformed from a daunting task to a manageable and successful journey. The entire team's professionalism, empathy, and commitment to excellence are unparalleled. To anyone seeking immigration guidance, I highly recommend Benach Pitney Reilly Immigration. Sofia , David, and the team are the epitome of excellence, and I'm honored to have had the privilege of working with them. Thank you, David and Sofia for being shining examples of what it means to serve with humility and kindness."" - Shoukat A.

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