Written by Jayson Elliott · Attorney, Bay Legal PC · CA Bar No. 332479 · Last reviewed April 2026
Your Rights in Removal Proceedings
Key Takeaways
- You have the right to an attorney (at your own expense)
- You have the right to review evidence, present your case, and call witnesses
- You have the right to apply for any relief from removal for which you are eligible
- You have the right to appeal an unfavorable decision
- You have the right to an interpreter
Constitutional Rights
The U.S. Constitution provides protections to all persons within the United States, regardless of immigration status. In removal proceedings, you have the right to due process under the Fifth Amendment, the right to counsel (though not at government expense), and the right to a fair hearing before an impartial judge.
Right to Be Heard
You have the right to present evidence, testify on your own behalf, call witnesses, and cross-examine the government’s witnesses. The immigration judge must give you a reasonable opportunity to present your case.
Right to Apply for Relief
Regardless of the charges against you, you have the right to apply for any form of relief from removal for which you may be eligible, including cancellation of removal, asylum, withholding of removal, Convention Against Torture protection, adjustment of status, voluntary departure, and various waivers.
Right to Appeal
If the immigration judge orders you removed, you have the right to appeal to the Board of Immigration Appeals (BIA) within 30 days. If the BIA denies your appeal, you may seek review in federal court.
Bay Legal PC — Removal Defense Attorneys
Bay Legal PC in Palo Alto handles removal defense cases throughout California. Free initial consultations available.
Get a Free Consultation →Frequently Asked Questions
Do I have the right to a free lawyer in immigration court?
No. Unlike criminal court, the government does not provide free attorneys in immigration proceedings. You must hire your own or find legal aid. However, some nonprofit organizations provide free representation.
Can I be deported without seeing a judge?
In some cases, yes. Expedited removal allows DHS to deport certain individuals without a hearing. However, if you express a fear of persecution, you must be referred to an asylum officer for a credible fear interview.
Do I have to answer ICE’s questions?
You have the right to remain silent. You do not have to answer questions about your immigration status, where you were born, or how you entered the country. You can say: ‘I wish to remain silent and speak with an attorney.’
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Jayson Elliott, Bay Legal PC · Palo Alto, California
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