What Are Removal Proceedings in NYC? Guide

If you are a lawful permanent resident or naturalized citizen, and you receive a notice to appear from the immigration court system, you may want to know, “What are removal proceedings in NYC?”

Removal proceedings are initiated by the U.S. government if it believes you have broken an immigration law. An immigration judge from the Executive Office for Immigration Review (EOIR) reviews the case to determine if you can remain in the country or if you should be deported. In NYC, removal proceedings are conducted at the Federal Plaza Immigration Court and the Broadway Immigration Court.

Hire an Immigration Lawyer

Facing removal proceedings alone can be daunting. Our seasoned legal team at Pollack, Pollack, Isaac & DeCicco, LLP is ready to use our professional knowledge of removal proceeding laws to help you enter or remain in the country.

When Can Removal Proceedings Be Used

Within the United States, the Fifth Amendment grants every person specific protections that apply in removal proceedings. The Immigration and Nationality Act provides a framework for the Department of Homeland Security (DHS) to remove non-citizens from the country. Removal proceedings can be used if:

• You are convicted of illegal drug crimes
• You are convicted of crimes involving firearms
• You are convicted of espionage
• You are convicted of fleeing an immigration checkpoint
• You are a drug addict
• You were convicted of domestic violence, child abuse, child neglect, or child abandonment
• You failed to register as a sex offender
• You did not inform immigration authorities of a change of address
• You are convicted of providing false information to immigration authorities
• You are convicted of fraud related to visas, permits, or other entry documents
• You falsely represent yourself as a U.S. citizen
• You supported or committed acts of terrorism
• Your immigration status has been adjusted
• You violated the terms of your visa or green card
• Your green card has been terminated
• You committed marriage fraud

Procedural Protections During Removal Proceedings

Removal proceedings and NYC immigration laws can be confusing. Removal proceeding laws were created by the Immigration and Nationality Act and afford non-citizens facing removal proceedings with procedural protections, including:

• The right to counsel
• The right to apply for relief from removal
• The right to present testimony and evidence
• The right to administratively appeal an adverse decision
• The right to seek judicial review of a final order of removal

Outcomes from Removal Proceedings

After your case has been reviewed by an immigration judge, there are several potential outcomes from removal proceedings:

• Asylum. Available for individuals who are fearful of returning to their home country.
• Cancellation. If the individual has lived in the United States continuously for several years, has good moral character, and their removal would create great hardship to a U.S. citizen or lawful permanent resident.
• Dismissal. The proceedings are dismissed if officials find there are no grounds for the removal proceedings.
• Adjustment of status. Eligible non-citizens can apply to become lawful permanent residents.
• Voluntary departure. Allowed to leave by a certain date without completing the removal proceedings.
• Deportation. The removal proceedings find that the non-citizen is to be removed from the United States.

If you think you are a good candidate for relief options that would allow you to remain in the United States, such as asylum or a change of status, consulting with an experienced immigration attorney can ensure that you provide the proper documentation and evidence to the judge for consideration.

Outcomes of Removal Proceedings

During fiscal year 2024, immigration courts within the EOIR issued 666,117 initial case decisions. The outcomes of those cases included:

• 309,879 removal orders
• 226,211 dismissals
• 75,631 terminations
• 43,094 granted relief
• 8,663 voluntarily departed
• 2,506 cases were withheld or deferred

Of the 309,879 cases where removal was ordered, 222,223 cases were ordered to be removed in absentia. In these cases, the individual who received the notice to appear failed to appear in court and was ordered removed due to that failure to appear. If the individual can demonstrate exceptional circumstances, they can be granted a new court date.

FAQs

Q: What Does It Mean If I Receive a Notice to Appear?

A: If you receive a notice to appear, it means that the Department of Homeland Security has scheduled a hearing before an immigration judge. The exact reason why the hearing has been scheduled is explained in the notice. The notice also includes who has initiated the hearing, the nature of the crime that has been committed, the charges that have been violated, the consequences of failing to appear in court, and a notice to provide contact information.

Q: Are Removal Proceedings the Same as Deportation?

A: Although the terms are often used interchangeably, removal and deportation are technically different. In 1996, the Immigration and Nationality Act replaced the term deportation with removal to emphasize the administrative role of the process.

Removal proceedings refer to the process of the government initiating a court hearing against a non-citizen who is suspected of breaking immigration laws. The results of the removal proceedings could result in the non-citizen being allowed to stay, a change of status, or a deportation order.

Q: Can I Apply for Asylum During a Removal Proceeding?

A: Yes, you can apply for asylum during the removal proceeding. To qualify for asylum, you must demonstrate persecution or credible fear of persecution if returned to your home country. Persecution based on race, religion, nationality, political opinion, or social group membership is all considered. The immigration judge considers the evidence and decides whether or not to grant your request for asylum.

Q: Can My Case Continue If I Am Removed From the United States?

A: Yes, if you receive a final order of removal and appeal the decision, your case does continue after you have been removed from the country. If available in your country, teleconferencing or phone calls can be used to allow you to be present for your case. If these methods are unavailable, you can request that the Department of Homeland Security allow your return to the United States.

Contact Pollack, Pollack, Isaac & DeCicco, LLP Today

When faced with removal proceedings, hire an immigration lawyer with decades of experience with removal proceeding laws. PPID offers online and face-to-face consultations in multiple languages to suit your needs. Don’t face removal proceedings alone. Contact us today to schedule a consultation.

About The Author

Conrad E. Pollack

Conrad E. Pollack is the Managing Partner and Director of Immigration at Pollack, Pollack, Isaac & DeCicco, LLP. He graduated Magna Cum Laude from New York University and earned his J.D. from Brooklyn Law School. With over three decades of experience in immigration law, Conrad has helped countless clients achieve their American Dream. Under his leadership, PPID has expanded significantly, opening new offices in Peekskill and Brooklyn, NY. He is a member of the American Immigration Lawyers Association and has been recognized for his professional excellence with numerous awards and distinctions. Education: Magna Cum Laude graduate from New York University; J.D. from Brooklyn Law School. Awards: Recipient of numerous professional excellence awards. Memberships: Active member of the American Immigration Lawyers Association.

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