Immigration Courts- Middle School

The legal processes, courts, and mechanisms used when the government seeks to remove someone from the country.

• Deportation (removal) / Removal proceedings: "Deportation" (legally called removal) is the formal expulsion of a non-citizen from the United States. "Removal proceedings" is the official administrative court trial where a judge determines whether a person must be deported or has a legal right to stay.

• Currently in Removal Proceedings: The legal status of an individual whose deportation case is actively being heard in immigration court, meaning no final decision has been reached yet.

• Notice to Appear (NTA): The formal charging document issued by the government that initiates removal proceedings. It states the reasons why the government believes the person is subject to deportation and commands them to appear before an immigration judge.

• Immigration Court / EOIR: The Executive Office for Immigration Review (EOIR) is the agency under the Department of Justice that operates the specialized administrative courts where immigration cases are tried.

• Board of Immigration Appeals (BIA): The highest administrative body for interpreting U.S. immigration laws. If an immigrant or the government disagrees with an immigration judge's decision, they can appeal the case to the BIA for a review.

• Cancellation of Removal for non-lawful permanent resident: A defense against deportation where an immigration judge can completely stop a removal case and grant a Green Card instead, given that the individual has lived in the U.S. for over 10 years, has good moral character, and shows their removal would cause exceptional hardship to a U.S. citizen relative.

• Administrative closure of removal proceedings: A temporary pause placed on a deportation court case. The judge removes the case from the active calendar, usually to allow the immigrant to apply for a visa or green card through a different agency.

• Termination of removal proceedings: The permanent dismissal and closing of a deportation case by a judge. This means the court trial is officially over, and the individual is no longer facing deportation in that case.

• Final order of removal: An official, binding command issued by an immigration judge stating that all legal options have been exhausted and the individual must be deported from the United States.

• Motion to Reopen (MTR): A "Motion" is a formal request made to a judge. An MTR asks the court to reopen a completed case to consider brand-new evidence.

• Motion to suppress: A "motion to suppress" asks the judge to throw out certain evidence because border or police officers violated the person's constitutional rights to obtain it.

• Prosecutorial discretion: The authority granted to government attorneys to decide how to prioritize cases. They may choose to drop a case or dismiss an NTA against a low-risk, hardworking individual to focus government resources on capturing dangerous criminals.

• Voluntary Departure / Voluntary Return: An agreement where an individual waives their right to a full trial and agrees to leave the country at their own expense. Doing this allows them to avoid the severe, long-term legal penalties that come with a formal deportation order.