What Happens During a Deportation Hearing?

A deportation hearing is one of the most critical moments in any immigration case. It determines whether a non-citizen can remain in the U.S. or will be removed. For many individuals facing removal, understanding the process and knowing what to expect can make a significant difference in their case.

This guide explains:

• What a deportation hearing is and why it happens
• The different stages of the hearing
• Your rights during the process
• Possible defenses to avoid deportation
• What to do if you receive a removal order

If you or a loved one are facing deportation, knowing your legal options and how to defend yourself in immigration court is crucial.

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What Is a Deportation Hearing?

A deportation hearing—also called a removal proceeding—is a legal process in which an immigration judge determines whether a non-citizen should be removed from the United States. These hearings take place in immigration court and are conducted by the Executive Office for Immigration Review (EOIR).

Who Attends the Hearing?

• The immigration judge (IJ) – Oversees the case and makes a final decision.
• The government attorney (ICE prosecutor) – Represents the Department of Homeland Security (DHS) and argues for removal.
• The respondent (the person facing deportation) – Must defend against removal.
• An immigration attorney (if hired) – Represents and defends the respondent.
• An interpreter (if needed) – Provided by the court if the respondent does not speak English fluently.

Why Do Deportation Hearings Happen?