Removal (Deportation) Proceedings & Immigration Court
Removal (deportation) cases are heard in federal immigration court, run by the Justice Department's EOIR, before an immigration judge. A case starts when the government files a Notice to Appear. You have the right to a lawyer — but at your own expense — and may be able to apply for relief; decisions can be appealed to the Board of Immigration Appeals.
By Find Local Law Editorial Team · Last reviewed: May 24, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
Immigration is federal law and policy changes frequently. This is general information, not legal advice — if you’re in removal proceedings, talk to a qualified immigration attorney or an accredited nonprofit as soon as possible.
If the government is trying to deport someone, that happens through removal proceedings in immigration court — a process that’s separate from, and works differently than, criminal court.
It’s a federal, civil court
Removal cases are heard by the Executive Office for Immigration Review (EOIR), an agency within the U.S. Department of Justice, before an immigration judge. The Department of Homeland Security (DHS) — not the court — brings the charges. California has several federal immigration courts.
How a case starts
Proceedings begin when DHS files a Notice to Appear (Form I-862) with the court. The NTA is the charging document alleging why the person is removable, and it sets the case in motion.
Your right to a lawyer (at your own expense)
This surprises many people: you have the right to be represented by a lawyer of your choosing, but at no cost to the government. There is no court-appointed attorney as there is in criminal cases. Courts provide a list of pro bono (free or low-cost) legal service providers, and some California programs help fund immigration legal aid.
Relief and appeals
Depending on the facts, an immigration judge may consider applications for relief from removal — such as asylum, cancellation of removal, adjustment of status, or voluntary departure (eligibility rules are detailed and change). A judge’s decision can generally be appealed to the Board of Immigration Appeals (BIA).
Because the stakes are severe and deadlines are strict, get help quickly — connect with a lawyer.
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Start your free intakeFrequently asked questions
- Is immigration court the same as criminal court?
- No. Removal proceedings are civil and are heard by the Executive Office for Immigration Review (EOIR), an agency of the U.S. Department of Justice — separate from the criminal court system.
- How does a removal case start?
- The Department of Homeland Security files a Notice to Appear (Form I-862) with the immigration court, charging the person as removable. It's the document that begins the case.
- Will the government give me a free lawyer?
- No. You have the right to be represented by a lawyer of your choosing, but at no cost to the government — there's no court-appointed attorney like in criminal cases. Courts provide a list of pro bono (free or low-cost) legal providers.
- Can I fight removal or appeal?
- Depending on your case, you may be able to apply for relief such as asylum, cancellation of removal, adjustment of status, or voluntary departure. An immigration judge's decision can generally be appealed to the Board of Immigration Appeals (BIA).