Part of our Immigration Law FAQ. This page covers removal, detention, and appeals — what happens once the government initiates proceedings, and the paths to challenge an unfavorable decision. For discretionary relief within these proceedings, see our Removal Defense page.
What is the difference between “removal” and “deportation”?
They are the same thing under current law. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 merged the older separate deportation and exclusion proceedings into a single “removal” proceeding under INA § 240, held before an immigration judge in the Executive Office for Immigration Review (EOIR). “Deportation” survives mainly as everyday shorthand and in some older statutory cross-references.
What makes someone removable?
Two different statutory lists apply depending on whether you were ever lawfully admitted. INA § 212(a) sets out grounds of inadmissibility, applied to people seeking admission or adjustment of status; INA § 237(a) sets out grounds of deportability, applied to people already admitted who fall out of status — including status violations, certain criminal convictions, marriage fraud, and security-related grounds. Which list applies can itself be a contested legal question in some cases.
Am I entitled to a government-paid lawyer in removal proceedings?
No. Removal proceedings are civil, not criminal, so INA § 240(b)(4)(A) guarantees the right to counsel only at no expense to the government — meaning you may hire your own attorney (or find pro bono help), but the court will not appoint or pay for one the way a criminal court would. This is one of the most consequential features of removal proceedings and a major reason early representation matters.
What is a Notice to Appear, and what should I do if I receive one?
A Notice to Appear (Form I-862) is the charging document that starts removal proceedings; it states the allegations and the statutory grounds of removability the government intends to prove, and directs you to appear before an immigration judge (INA § 239). Missing your hearing can result in an in-absentia removal order, so contacting an attorney immediately after receiving an NTA — not after the first missed date — is critical.
What relief from removal can I ask the immigration judge for?
Depending on the facts, options can include asylum or withholding of removal (INA §§ 208, 241(b)(3)), protection under the Convention Against Torture, cancellation of removal for certain permanent residents or certain long-present non-permanent residents (INA § 240A), adjustment of status if otherwise eligible, and voluntary departure (INA § 240B) as a fallback that avoids a formal removal order. Each has its own eligibility requirements and its own strategic tradeoffs, which is why the specific relief requested should be chosen deliberately, not by default.
Can I appeal an immigration judge’s decision?
Yes, generally to the Board of Immigration Appeals (BIA), the administrative appellate body that reviews immigration judge decisions; a notice of appeal is now due within 10 calendar days of the judge’s oral or written decision in most cases — a 30-day deadline remains only for certain asylum appeals (8 C.F.R. § 1003.38(b), as amended in 2026). If the BIA denies relief, further review is available in the U.S. Court of Appeals for the circuit where the case arose, though judicial review of certain discretionary and criminal-related removal orders is limited by statute (INA § 242).
What if I already have a final removal order — is there anything left to do?
Sometimes. A motion to reopen (generally due within 90 days of a final order, with statutory exceptions for changed country conditions in asylum cases and other limited categories) or a motion to reconsider (due within 30 days) can still be available under INA § 240(c)(6)-(7), and in some circumstances a stay of removal or a request for prosecutorial discretion can pause enforcement while other options are pursued. The deadlines are strict and the exceptions narrow, so this is not something to wait on.
Next: inadmissibility & waivers. These FAQs are general information, not legal advice, and do not create an attorney-client relationship.
What is cancellation of removal?
Cancellation is the immigration judge’s power to stop a removal case and let you keep or receive a green card. For lawful permanent residents, INA § 240A(a) requires five years as an LPR, seven years of continuous residence after any admission, and no aggravated felony conviction. For non-LPRs, INA § 240A(b) is far harder: ten years of continuous physical presence, good moral character, no disqualifying convictions, and proof that removal would cause “exceptional and extremely unusual hardship” to a U.S. citizen or LPR spouse, parent, or child. The clock stops when the Notice to Appear is properly served — one reason the NTA’s contents matter enormously.
What happens if I miss my immigration court hearing?
The judge can order you removed in your absence. INA § 240(b)(5). An in-absentia order can be rescinded by motion filed at any time if you never received proper notice, or within 180 days if “exceptional circumstances” — serious illness, or death or serious illness in the immediate family — caused the absence. INA § 240(b)(5)(C). Keep your address current with the court on Form EOIR-33: notice sent to your address of record counts as notice, whether or not you actually saw it.
Can I be detained during removal proceedings, and can I get a bond?
ICE can detain people in proceedings, and INA § 236(a) allows most detainees to ask the immigration judge for a bond redetermination — the judge weighs danger to the community and flight risk. But INA § 236(c) makes detention mandatory, with no bond, for people with certain criminal grounds. Whether § 236(c) actually applies is a legal question worth contesting: the categories are technical, and a wrongly classified detainee can and should demand a bond hearing (8 C.F.R. § 1236.1).
What is a motion to reopen or a motion to reconsider?
They are the two tools for attacking a decision that has become final. A motion to reconsider (INA § 240(c)(6), due within 30 days) argues the judge got the law or facts wrong on the existing record. A motion to reopen (INA § 240(c)(7), generally due within 90 days) presents new, previously unavailable material evidence — a changed country condition, a new hardship, newly available relief. Deadlines have exceptions (changed country conditions for asylum, lack of notice, equitable tolling), but they are strict; anyone with a final order should have the record evaluated quickly rather than assume nothing can be done.