Yes, in most cases, you have to go to court for immigration and deportation hearings. However, there are exceptions, like expedited removal, that allow someone to be deported without a hearing or seeing a judge.
Facing deportation can be a terrifying experience, especially in today’s political climate. However, immigrants who have received a deportation order have rights and protections under the law.
A deportation defense lawyer in El Paso can represent you during deportation hearings and help you explore options for avoiding removal from the country.
How the Deportation Process in the US Works
Deportation is the name for formally removing a non-citizen from a country. Both documented and undocumented immigrants can be deported for various reasons, including visa violations, committing crimes, and illegally crossing the border.
The first step in the deportation process is receiving a Notice to Appear (NTA). This is a formal document from DHS notifying you of the agency’s intent to remove you from the country. When you receive an NTA, you will be required to attend an immigration hearing in court.
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What Happens at Deportation Hearings
Immigration hearings are presided over by immigration judges within the Executive Office for Immigration Review. Because these are civil administrative proceedings rather than criminal trials, there is no jury present, and the legal standards of proof differ significantly from those in a criminal courtroom.
While a criminal conviction requires the high bar of “beyond a reasonable doubt,” the government in a deportation case must typically establish that a non-citizen is removable by providing clear and convincing evidence that is both unequivocal and specific.
Conversely, when an individual applies for relief or a benefit to remain in the United States, the burden of proof shifts to the applicant, who must generally demonstrate their eligibility for that relief by a preponderance of the evidence, meaning it is more likely than not that they qualify.
The Two Hearings
Immigration proceedings actually involve two hearings you’ll have to attend. The first is the Master Calendar Hearing (MCH). This is a preliminary hearing where you answer to the charges in the NTA and set your future hearing. The MCH typically takes 20–30 minutes, and you can either admit or deny the charges in the NTA.
After the MCH is the individual hearing (IH) or “merits” hearing. This is where you present your case on why you shouldn’t be deported. During the IH, you will present evidence, testimony, and argumentation.
At the conclusion of the IH, the immigration judge will either grant you legal status or issue a removal order. Once a removal order is issued, Immigration and Customs Enforcement (ICE) can take steps to deport you, often within 90 days.
You Can Be Deported Without a Hearing Through Expedited Removal
Most deportation proceedings entitle you to a hearing in front of an administrative judge. However, the government can abrogate your right to a hearing through a process known as expedited removal. Through expedited removal, you can be removed from the country without attending a hearing.
Expedited removal was created in 1996 specifically to remove undocumented immigrants within 100 miles of a US land border and within two weeks of arrival. However, as of 2025, the Trump administration has expanded the use of expedited removal to apply nationwide and within two years of entry.
Under expedited removal, you do not have to go to court for a deportation case, and immigrants can be removed in as little as a single day. Expedited removal is generally not used against those who have overstayed a visa and is usually reserved for those who lack legal documents and have recently entered the country.
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You Can Claim Asylum to Defend Against an Expedited Removal
Legal avenues to challenge an expedited removal are few, but exist. One option is claiming asylum. If you are facing immediate removal and fear persecution or violence in your country, you can make an asylum appeal to remain within the US. The US can grant asylum if it finds there is a credible threat to your safety if you returned to your country or origin.
If there is a current active order for your deportation, you can request a credible fear interview. During this interview, an immigration official will hear your case and grant asylum if they think there is a significant risk you will be persecuted.
Generally, to secure asylum, you must show that you would be in danger if you were deported due to your race, religion, social group, or political affiliation.
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How a Deportation Defense Lawyer Can Help
Many immigrants have built their entire lives here in the US, so deportation can threaten everything they hold dear. An immigration lawyer from Mendoza Law can be your legal advocate and help you navigate the US’s complex immigration system.
As the child of immigrant parents, lead attorney Maria Mendoza knows firsthand the unique difficulties non-citizens can face. We can bring our experience and knowledge to the table and work to defend you against deportation proceedings and preserve your legal status in the US.
Do you have any more questions about going to court for a deportation case? If so, contact us today to speak to an immigration lawyer from our firm. Time is of the essence in deportation cases, so it’s important not to delay. Every day you wait makes it harder to secure a favorable resolution, so call today.
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