Immigration Courts- High School

The legal mechanisms, formal charging documents, and administrative court structures used by the executive branch during removal proceedings.

• Deportation (removal) / Removal proceedings: Deportation (legally called as removal) is the formal expulsion of a non-citizen from the United States. "Removal proceedings" refers to the formal administrative trial held in a specialized court to determine whether a non-citizen is legally subject to expulsion or qualifies for a form of legal relief.

• Currently in Removal Proceedings: The explicit legal status of a non-citizen whose case is actively being litigated before an immigration judge, meaning their right to remain in the country hangs in the balance and has not yet reached a final judgment.

• Notice to Appear (NTA): A document issued by DHS that initiates formal removal proceedings. It details the nature of the proceedings, states the explicit legal provisions and immigration rules the individual allegedly violated, and commands them to appear before an immigration judge.

• Immigration Court / EOIR: The Executive Office for Immigration Review (EOIR) is an agency within the Department of Justice (DOJ) responsible for operating the specialized administrative court system where immigration judges adjudicate removal cases.

• Board of Immigration Appeals (BIA): The highest administrative body responsible for interpreting and applying U.S. immigration laws. The BIA reviews appeals filed by either non-citizens or the government regarding decisions made by individual immigration judges.

• Cancellation of Removal for non-lawful permanent resident: A major defense against deportation. An immigration judge can terminate a removal case and grant a Green Card if the undocumented applicant proves they have maintained continuous physical presence in the U.S. for at least 10 years, possess good moral character, and demonstrate that their deportation would cause exceptional and extremely unusual hardship to a U.S. citizen or LPR immediate relative.

• Administrative closure of removal proceedings: A temporary procedural tool used by immigration judges to remove a case from the active court docket. It pauses the trial indefinitely (often to allow the non-citizen to pursue an application with USCIS) but does not officially dismiss the charges.

• Termination of removal proceedings: A formal court order issued by an immigration judge that permanently dismisses a deportation case. This ends the trial, lifting the threat of removal and leaving the individual in the same legal position they were in before the NTA was issued.

• Final order of removal: A binding, legally conclusive command issued by an immigration judge or the BIA stating that the individual has no remaining legal avenues to stay and must be formally deported from the United States.

• Motion to Reopen (MTR): Motions are formal written requests submitted to a judge. An MTR asks the court to reopen a finalized case to evaluate newly discovered facts or changes in the law.

• Motion to suppress:  A "motion to suppress" asks the judge to exclude specific government evidence because it was obtained by immigration officers via actions that violated the individual's Fourth or Fifth Amendment rights.

• Prosecutorial discretion: The authority granted to government trial attorneys to decide how to allocate enforcement resources. They may exercise discretion to dismiss an NTA or agree to close a case involving a low-priority, law-abiding individual to focus federal resources on deporting individuals who pose national security or public safety threats.

• Voluntary Departure / Voluntary Return: Discretionary relief where an eligible non-citizen waives their right to a full trial and agrees to depart the United States at their own expense within a specified timeframe. This allows them to avoid the severe, long-term legal bars and penalties that accompany a formal, forced order of removal.