Few things are more frightening than receiving a notice that the government wants to remove you from the United States. If you live in Florida and are facing — or worried about — deportation, this guide explains how removal proceedings work, where they happen, and the main forms of relief that can let someone stay. Florida’s removal cases are heard at the immigration courts in Miami and Orlando, with detained dockets at facilities such as Krome.

Removal is governed by federal law — the Immigration and Nationality Act (INA), 8 U.S.C., and 8 C.F.R. — and the cases are decided by immigration judges within the Executive Office for Immigration Review (EOIR), not by any Florida court. This is general information, not legal advice. Removal deadlines are short and the stakes are high; consult an immigration attorney immediately if you are in proceedings.

How a case begins: the Notice to Appear

Removal proceedings start when the Department of Homeland Security serves a Notice to Appear (NTA) and files it with the immigration court (INA § 239, 8 U.S.C. § 1229). The NTA lists the factual allegations and the charges of removability — the legal grounds the government claims make you removable, such as a status violation (INA § 237 / 8 U.S.C. § 1227) or a ground of inadmissibility (INA § 212 / 8 U.S.C. § 1182). Read the NTA carefully and note any hearing date; missing a hearing can lead to an order of removal in absentia.

Master calendar and individual hearings

Removal cases move through two kinds of hearings before the immigration judge:

  • Master calendar hearing: a short scheduling and pleading hearing. You (or your attorney) respond to the allegations and charges, identify the relief you will seek, and the judge sets deadlines. Several cases are scheduled together.
  • Individual (merits) hearing: the full hearing on your application for relief, where you present testimony and evidence, witnesses may be called, and the government’s ICE trial attorney cross-examines. The judge then decides whether you are removable and whether you qualify for relief.

Unlike criminal court, there is no right to a government-appointed lawyer in immigration court — you may hire your own attorney or proceed without one. Given the complexity, representation makes a major difference.

Detention and bond

Some people are detained during proceedings. In Florida, detained cases are often heard at the Krome facility (Miami) or other detention centers. Depending on the basis for detention, a person may request a bond hearing before the immigration judge; certain categories are subject to mandatory detention under INA § 236(c) (8 U.S.C. § 1226(c)) and are not eligible for bond. An attorney can assess whether bond is possible and argue the person is neither a flight risk nor a danger.

Main forms of relief from removal

Being in proceedings does not mean removal is inevitable. Common forms of relief include:

  • Cancellation of removal: For LPRs (INA § 240A(a), 8 U.S.C. § 1229b(a)) — generally 7 years’ continuous residence, 5 years as an LPR, and no disqualifying convictions. For non-LPRs (INA § 240A(b)) — generally 10 years’ continuous physical presence, good moral character, no disqualifying convictions, and exceptional and extremely unusual hardship to a U.S.-citizen or LPR spouse, parent, or child.
  • Asylum, withholding of removal, and CAT protection: for those who fear persecution or torture. Asylum is under INA § 208 (8 U.S.C. § 1158); withholding is under INA § 241(b)(3); Convention Against Torture protection comes from federal regulations. Asylum generally requires applying within one year of arrival, with exceptions.
  • Adjustment of status: if a path to a green card exists (for example, through an approved family petition), you may be able to adjust in court. See family-based green cards in Florida.
  • Waivers of certain grounds (such as the § 212(h) criminal waiver), where available.
  • Voluntary departure: permission to leave on your own by a deadline, avoiding a formal removal order and some of its consequences.

Appeals: the BIA and the Eleventh Circuit

If the immigration judge orders removal or denies relief, you can usually appeal to the Board of Immigration Appeals (BIA), generally within 30 days. If the BIA rules against you, you can file a petition for review with the U.S. Court of Appeals for the Eleventh Circuit, the federal appellate court that covers Florida. Eleventh Circuit decisions are binding precedent on Florida immigration cases. There are also motions to reopen and reconsider, each with strict deadlines.

How criminal cases drive removal

Many removal cases in Florida begin with a criminal arrest or conviction. Certain offenses — aggravated felonies, crimes involving moral turpitude, controlled-substance offenses, and others — can make a person removable or block relief. This overlap, sometimes called crimmigration, is why a non-citizen facing Florida criminal charges should coordinate the criminal defense with immigration counsel before entering any plea. A plea that looks favorable in criminal court can be devastating in immigration court.

How this fits the bigger picture

Removal defense overlaps with green cards, asylum, and citizenship. For the broad overview, see our complete guide to immigration law in Florida. If your case turns on an approved relative petition, also see family-based green cards in Florida.

Frequently asked questions

Where will my removal case be heard if I live in Florida?

At an EOIR immigration court — typically Miami or Orlando — or at a detained docket such as Krome if you are in custody. Appeals go to the Board of Immigration Appeals and then to the Eleventh Circuit Court of Appeals.

Do I get a free lawyer in immigration court?

No. Unlike criminal court, there is no right to a government-appointed attorney in removal proceedings. You may hire your own lawyer or seek help from a nonprofit legal services organization. Given the complexity and stakes, representation is strongly recommended.

What happens if I miss my immigration court hearing?

The judge can order you removed in absentia — in your absence. That order has serious consequences and is difficult to undo. Always keep your address updated with the court, confirm your hearing date, and appear. If you missed a hearing, contact an attorney about a motion to reopen right away.

Can a Florida criminal conviction lead to deportation?

Yes. Many state offenses carry immigration consequences and can make a person removable or ineligible for relief. If you are not a U.S. citizen and face criminal charges, tell your defense lawyer and consult an immigration attorney before pleading to anything.

Find a Florida immigration attorney

Removal defense is among the most demanding areas of immigration law, with unforgiving deadlines and life-altering consequences. A licensed Florida immigration attorney can analyze the charges, identify available relief, request bond where possible, and represent you before the Miami or Orlando immigration court and on appeal. If you or a family member is in proceedings, consider consulting an experienced removal-defense lawyer right away.