Introduction
Immigration law is a difficult, confusing process. No one wants to have to go through it. But for individuals in removal proceedings (deportation proceedings), the future of the individual and their family is at stake. For many people, going through removal proceedings can be a very stressful and overwhelming process.
In this blog post, we will describe removal proceedings and the rights of individuals going through them. We will also answer the question of what to do if you’re going through removal proceedings.
Define Removal Proceedings in Immigration Law
There may come a time where you are facing deportation from the U.S. and your life will surely be in limbo as you struggle to understand what’s going on and try to seek assistance to seek protection while seeking removal from the U.S. When dealing with removal proceedings, having a basic understanding of the removal process and what will occur can bring peace to the immigrant. As mentioned above, removal proceedings involve an immigration judge in a black robe reading from a bench in a cold courtroom from documents that were filed by the parties and their immigration lawyers in the immigrant’s case. At the conclusion of the deportation hearing where the immigrant’s individual case was heard and presented with any and all evidence, the judge makes a determination in the case based on the evidence presented during the immigrant’s hearing.
As immigrants with removal proceedings go through the process of deportation from the U.S. they have rights. They have the right to present their individual case, seek assistance from an immigration lawyer, and apply for protection such as asylum. In 2022 over 450,000 non-citizens were ordered removed from the U.S. in immigration court. A huge majority of those individuals did not have a lawyer to assist them throughout the removal proceedings immigration process.
The Master Calendar Hearing (MCH) or initial court appearance is the first appearance before a court where the immigrant is placed in removal proceedings or deportation proceedings, “immigration proceedings”. The hearing begins when an immigrant in removal proceedings finds himself or herself in a black-robed judge’s court in an Immigration Court while he or she is sitting in the same court where documents have been filed regarding that individual’s pending immigration case. At that Master Calendar Hearing, in removal proceedings, the individual’s Master Calendar Hearing (MCH) is his or her initial removal proceeding hearing before an Immigration Court where his or her immigration case will be heard, the black-robed Immigration Judge will explain the alien’s or immigrant’s (non-citizen’s) rights before that Immigration Court while he or she are being investigated in deportation or removal proceedings by U.S. immigration authorities. Also at that individual’s MCH (court hearing) the prosecutor representing the U.S. Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), or U.S. Customs and Border Protection (CBP), will announce its intent to seek the alien’s or subject immigrant’s (non-citizen’s) removal from the U.S. or the U.S.A. and present arguments regarding the charges of removability as alleged by U.S. immigration authorities, while the immigrant or subject in removal proceedings can present his or her own individual case in removal proceedings through testimony and/or other evidence and/or other admissible evidence introduced before that judge in that removal hearing as well as through argument of the immigrant’s or alien’s own representative, such as an experienced immigration lawyer in removal proceedings. While in removal proceedings the various stages or different hearings before an Immigration Court include calendar calls, also called Master Calendar Hearings or individual Calendar Calls for individual hearings in removal proceedings. There is also Individual Merit Hearings. Master Calendar Hearings typically do not result in an immigrant or alien subject being in removal proceedings being removed from or deported from the U.S. or the U.S.A. and are held while the proceedings are being conducted in custody or while the proceedings are being conducted on bond in removal proceedings. In the United States, according to U.S. Immigration and Customs Enforcement’s own reports, as of 2009 there were over 3.4 million outstanding cases pending before the Immigration Courts of the United States. Additionally, individuals are currently waiting an average of 684 days (almost 2 years) for a full Individual Merit Hearing (IMH) before an Immigration Court in removal proceedings while they are in removal proceedings as Immigrants in removal proceedings dealing with lengthy delay periods prior to hearing in immigration court in deportation removal cases proceeding through the U.S. immigration courts as well as while facing potential deportation.
New year and a new immigration system means that all of us involved in it will have to face up to the numerous challenges that its current form poses, but this also gives us hope for better things to come. Experts say that deportations could drop between 310,000 and 510,000 in 2026, while Immigration Bond Hearings policy continues to be refined to restrict the opportunity to a bond hearing for a detained individual resulting in their oftentimes indefinite detention. All of us at Immigration Lawyer H.E. Feigenbaum continue to fight in every possible venue for due process and for fair treatment of each individual for whom we advocate. Your rights are important, and we are here to fight for you.
Contextualize Removal Proceedings Within Immigration System
Deportation actions are particularly daunting for families with members struggling through the very grueling processes of the U.S. visa system. If someone is found to be in the U.S. without proper documentation or violates the terms of their visa, deportation actions can be pursued. These issues are part of the larger societal issues of safety vs. humanitarian situations. Knowing your rights and options are key to your future.
Trace the Historical Development of Removal Proceedings
What do removal proceedings immigration mean to the families of U.S. immigration detainees with deportation proceedings pending? As laws change for families living in the U.S., these families continue to face fear and anxiety regarding their situation and the laws that govern it. For many, the term removal proceedings immigration brings up many questions. In this article, we examine what removal proceedings for immigration mean and how they began.
Although removal proceedings have been a feature of the U.S. immigration system since the Act of 1891 which first established comprehensive legislation regarding the entry of aliens into this country and their subsequent removal when necessary, ever since that time there have been many other pieces of legislation affecting removal proceedings in order to improve upon and modify the deportation process over time. One of the major amendments that have affected removal proceedings was part of the Immigration and Nationality Act of 1952 which attempted to deal with the growing problem of illegal immigration at the time by providing for the deportation of individuals in the U.S. illegally. Moreover, this legislation also established the procedural safeguards for removal proceedings which were implemented in order to ensure that all aliens subject to removal are deprived of liberty and potentially face the penalty of removal in a fair manner and in accordance with due process requirements. As such, for individuals who are subject to removal proceedings, the processes of deportation allow individuals to have legal representation in removal proceedings and a number of other rights to aid an individual subject to removal in defending against deportation in a removal proceeding.
Eight percent of the individuals placed in deportation proceedings from fiscal year 2010 through 2013 received an order of removal. These changes to removal proceedings through the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996 have had a profound impact on many families residing in the U.S. The primary goal of IIRAIRA was to provide a system of deportation for illegal aliens, and others, in a fast, effective, and fair manner. In addition to removing individuals from the country, the process intended purpose of the process was to ensure that all immigrants, whether legally residing in this country or not, have responsibilities that are enforced and clarified in order to assure that the U.S. immigration system is a credible system. In order to remove an individual with immigration proceedings for removal, formal removal actions are processed through removal proceedings, which provide individuals subject to removal with due process protections. They are able to have a formal removal hearing before an Immigration Judge where they are able to present any evidence and argument in an effort to dispute removal.
The formal process for removal actions today of individuals with immigration proceedings is very detailed. He allows for removal of individuals while their proceedings are being processed within the system while giving them due process within the system. Indeed, as Barbara C. Jordan said, “For the system to be credible, people actually have to be deported at the end of the process.” So in reality, the formal removal actions for those with immigration proceedings have developed within the laws that have been enacted by Congress over the past years. These attempt to create a process for removal of individuals from this country involved in the U.S. immigration system that is just and fair for all individuals involved in the process of immigration to the United States.
In 1980 the Refugee Act placed a cap on the annual number of individuals who are granted legal status to enter this country. Recently, the immigration courts have gone through many changes since January 20, 2025 which have brought to light process due concerns that will challenge removal actions of individuals going through the U.S. immigration system and the protection of their rights.
Outline Key Characteristics and Stages of Removal Proceedings
When looking into what is removal proceedings immigration, it is first important to understand the initial steps that take place. After the notice to appear in removal proceedings has been given to the respondent, they will have their first hearing which is called the Master Calendar Hearing or “MCH”. For general removal proceedings, the time frame from the notice to appear to the Master Calendar Hearing is typically around a month.
At the Master Calendar Hearing, the judge will read out the charges against the respondent in open court and then proceed to set the case for Individual Merits Hearing where the respondent’s case will be individually heard by a judge. This is where the respondent would apply for relief of removal such as an asylum application or try to adjust status to a permanent resident.
However, about half of the cases in removal proceedings make it to the Individual Merits Hearing, and of those half are denied and result in the respondent’s deportation or voluntary departure. It is very important to be prepared for the Individual Merits Hearing as well as to have competent immigration counsel representing the respondent.
According to statistics for Individual Merits Hearings, about 52% of the cases result in removal proceedings or voluntary departure. However, only 3% of those who had legal representation throughout the proceedings were subject to an order of expulsion from the country.
The judge at the Individual Merits Hearing will make a determination regarding the respondent’s eligibility for residency in the US and the decision can be appealed to the Board of Immigration Appeals (BIA) by the respondent and/or their counsel. This is why it is so important to know the steps of removal proceedings for immigration.
Conclusion
Deportation proceedings can be viewed by some as dire circumstances and can impact your rights and even your future here in the United States by the proceedings that take place during your removal proceedings. Understanding some of the main removal hearings such as the Master Calendar Hearing and the Individual Merits Hearing can arm you with sufficient knowledge as to your rights during the course of your removal proceedings.
Summary: We went through removal proceedings as a whole and covered the rights that immigrants have during removal proceedings. Since the majority of immigrants that go through removal proceedings do not have lawyers it can make a huge difference. Just because there are more rights for immigrants now, doesn’t mean that everything is going to be easy for everyone. There are challenges that families face when dealing with deportation.
Immigration laws have changed a lot and are even more protective today of people in removal proceedings. Nonetheless, there are many challenges that people and families go through in this process. Our lawyers at Vasquez Law Firm are dedicated to protect immigrants’ rights. We can represent you in all phases of the deportation process, and we will do our best to obtain the most favorable outcome in your case. At Vasquez Law Firm, we provide our clients with bilingual representation (English/Spanish), flexible payment plans, and a free initial consultation to discuss their immigration case.
Now that you have learned about removal proceedings, it is time to act. There is more to the process than simply knowing how proceedings work. You will likely need help to navigate through the process to reach a positive outcome for your future in the U.S.
Frequently Asked Questions
What are removal proceedings in immigration law?
Removal proceedings are legal processes where an immigration judge determines whether a non-citizen should be deported from the U.S. These proceedings involve hearings where evidence is presented, and the judge makes a decision based on that evidence.
What happens during a Master Calendar Hearing (MCH)?
The Master Calendar Hearing is the initial court appearance for an immigrant in removal proceedings. During this hearing, the immigration judge explains the immigrant's rights, and the U.S. Department of Homeland Security (DHS) announces its intent to seek the immigrant's removal. The immigrant can present their case through testimony and evidence.
What rights do immigrants have during removal proceedings?
Immigrants have the right to present their individual case, seek assistance from an immigration lawyer, and apply for protection such as asylum during removal proceedings.
How many non-citizens were ordered removed from the U.S. in 2022?
In 2022, over 450,000 non-citizens were ordered removed from the U.S. in immigration court.
What is the average wait time for an Individual Merit Hearing (IMH)?
Individuals in removal proceedings currently wait an average of 684 days, or almost 2 years, for a full Individual Merit Hearing before an Immigration Court.
What types of hearings are involved in removal proceedings?
Removal proceedings involve various stages, including Master Calendar Hearings, Individual Merit Hearings, and calendar calls for individual hearings.
What is the potential future of deportations according to experts?
Experts predict that deportations could drop between 310,000 and 510,000 by 2026, as the immigration system continues to evolve.
How can immigrants seek legal assistance during removal proceedings?
Immigrants can seek legal assistance from experienced immigration lawyers who can help them navigate the removal process and advocate for their rights.
List of Sources
- Define Removal Proceedings in Immigration Law
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- Outline Key Characteristics and Stages of Removal Proceedings
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