Understanding the U.S. Deportation Process: Step by Step [Immigration Law Series (2)]
- HH Team
- Aug 29
- 3 min read
Updated: Sep 17
Introduction
For many immigrants and their families, the word deportation carries enormous weight. The legal process, formally known as removal proceedings, determines whether an individual can remain in the United States or must leave. This process is highly structured, governed by immigration law (primarily the Immigration and Nationality Act, or “INA”), and can feel overwhelming.
At Haven for Humanity (H4H), we believe that awareness and understanding are essential to supporting vulnerable communities. In this article, we break down the deportation process step by step—covering how cases begin, the hearings involved, possible outcomes, and the difference between detained and non-detained cases.
1. The Notice to Appear (NTA)
The process begins when the Department of Homeland Security (DHS)—through Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), or U.S. Citizenship and Immigration Services (USCIS)—issues Form I-862, the Notice to Appear (NTA).
The NTA must include:
The nature of the proceedings,
Factual allegations and legal charges, and
The date, time, and place of the first hearing.
The NTA is served on the individual (the “respondent”) and filed with the immigration court, officially starting the case (INA § 239).
2. Docketing & Hearing Notice
Once the NTA is filed, the Executive Office for Immigration Review (EOIR)—a branch of the U.S. Department of Justice—adds the case to the court’s docket.
The EOIR then mails a Notice of Hearing to the respondent with the hearing date and location. Importantly, respondents must file Form EOIR-33 within five business days whenever they change addresses, or they risk missing critical notices.
3. The Master Calendar Hearing (MCH)
The first court appearance is called the Master Calendar Hearing. This is a short, preliminary session before an Immigration Judge (IJ).
At this stage, the judge asks the respondent to:
Admit or deny the government’s allegations,
Identify a country of removal, and
Indicate any relief they intend to pursue (such as asylum or cancellation of removal).
Continuances (postponements) are possible but only granted for “good cause.”
4. Pre-Merits Filings
If the respondent applies for relief—like asylum—they must file the correct applications (e.g., Form I-589 for asylum) and supporting documents by court deadlines. These filings can include:
Evidence,
Witness lists, and
Biometrics (fingerprints and background checks).
Late filings may be rejected unless extraordinary circumstances exist.
5. The Individual (Merits) Hearing
This is the trial-like stage of the case. Both sides present evidence and testimony. Respondents can testify, present witnesses, and submit expert reports.
The Immigration Judge decides whether the respondent is removable and, if so, whether they qualify for relief such as asylum, adjustment of status, or cancellation of removal. Credibility and corroborating evidence are often decisive.
6. Decision & Possible Outcomes
After the hearing, the judge may:
Grant relief (allowing the individual to stay lawfully),
Dismiss or terminate proceedings,
Grant voluntary departure (the chance to leave the U.S. voluntarily), or
Issue an order of removal.
7. Appeals to the Board of Immigration Appeals (BIA)
If the judge orders removal, the respondent may appeal to the Board of Immigration Appeals (BIA).
A Notice of Appeal (Form EOIR-26) must be filed within 30 days of the judge’s decision.
The BIA reviews the case record and issues its decision.
If denied, the respondent may petition for review in the appropriate U.S. Court of Appeals (INA § 242).
8. Post-Order Enforcement or Stays
If a removal order becomes final, DHS may carry it out. However, respondents can sometimes request a stay of removal while appeals or motions to reopen are pending.
9. Detained vs. Non-Detained Cases
Detained Cases: Timelines are much faster—hearings may happen within weeks or months. Custody or bond hearings are available in some cases (8 C.F.R. § 1236.1).
Non-Detained Cases: Often take years due to heavy court backlogs, giving respondents more time to prepare but also creating prolonged uncertainty.
Conclusion
Deportation proceedings are complex and high-stakes, beginning with the service of an NTA and often stretching through multiple hearings, filings, and appeals. For detained individuals, the process moves quickly; for those not detained, cases may last for years.
Understanding this process helps communities, advocates, and families navigate a system that can otherwise feel intimidating and opaque. At H4H, we remain committed to raising awareness about these procedures and standing with those who face the challenges of removal proceedings.
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