End of removal proceedings
An Immigration Judge (IJ) orders an applicant removed to the country of origin following a hearing on the “merits” of a particular claim. Common applications for relief filed with the Executive Office for Immigration Review (EOIR) include:
- Form I-589, Application for Asylum, Withholding of Removal, and Protection under the Convention Against Torture
- EOIR-42A Cancellation of Removal for U.S. Legal Permanent Residents (those with green cards)
- EOIR-42B Cancellation of Removal for Certain Non-Legal Permanent Residents (based on hardship to qualifying relative)
- Certain Cases Involving Adjustment of Status
- Additional I-601A and/or I-212 Waiver
- Fraud Waiver available under Section 237(a)(1)(H)
At the end of proceedings, IJs will render an oral or written decision explaining their rationale. For example, applicants could have failed to prove a “cognizable social group” for asylum or meet the “exceptional and extremely unusual hardship” standard required of cancellation.
If you need help reopening your case after a removal order, a qualified immigration lawyer can help.
In Absentia Removal
Those who do not appear on the scheduled date and time before the IJ may be removed in their absence. The date and time may appear in a Notice to Appear or later court hearing notice. The alien may not have received these documents if:
- Moved states or changed residence without informing the court.
- Alien was incarcerated or away from home at the time.
- An alleged legal representative filed an application for relief.
- Failure to appear at the initial asylum interview.
- Confusion of court hearing with check-in date.
Most of these orders may be remedied if there was lack of notice or exceptional circumstances that prevented the applicant from appearing. Using the applicant’s nine-digit alien registration number (A#), the EOIR Automated Case System is available in English and Spanish to check
(i) if there was a removal order entered and if so
(ii) when, where, and by which court.
(iii) whether any appeal has been filed.
Note applicants who fail to file by the IJ’s deadline set forth in a “scheduling order” will have deemed their applications “abandoned” and may be removed from the United States without further hearing. Similarly, a grant of voluntary departure will become a final order of removal if the alien does not post the required bond or leave the U.S. by the deadline.
In these cases, a motion to reopen may be necessary to remove the removal order so the applicant may pursue other forms of relief.
La Migra 