Removal Proceedings (Immigration Court)

Any alien who is not a U.S. citizen (including lawful permanent residents) can be removed from the United States, if the person is found to be inadmissible or deportable. A removal proceeding (formerly called “exclusion” or “deportation”) is instituted by the U.S. government for the purpose of determining whether an alien will be formally removed from the United States.

An alien placed in removal proceedings can seek to avoid removal from the United States by applying for certain immigration benefits that are available to him or her under the law. Such forms of relief are: asylum, withholding of removal under the Immigration and Nationality Act (INA) or the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), cancellation of removal for lawful permanent residents (LPRs), cancellation of removal for non-LPRs, cancellation of removal under the Violence against Women Act (VAWA). Also, a person in removal proceedings can seek other immigration benefits, such as: adjustment of status to that of lawful permanent resident; different types of visas; Special Immigrant Juvenile Status (SIJS); or Temporary Protected Status (TPS). This is not an exclusive enumeration of all forms of relief from removal and, as the rest of the information on this website, is provided as general information only. A careful and comprehensive analysis should be performed when determining which form of relief should be pursued during the course of removal proceedings.