I’m In Removal Proceedings Can I Stay In U.S: 2025 Strategy Alert

By Richard T. Herman
Herman Legal Group – Cleveland | Columbus | National
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Summary:

• If you’re in removal proceedings, you might believe you still have a chance to remain in the U.S. — but recent 2025 enforcement policies mean your risk is far higher than in past years.
• The strategy of the U.S. Immigration and Customs Enforcement (ICE) prosecutor’s office (OPLA), the evolving stance of the Executive Office for Immigration Review (EOIR), and the role of the Department of Homeland Security as the department overseeing immigration enforcement are changing the landscape.
• This article explains in detail: how ICE is now using motions to “terminate” regular proceedings so they can immediately convert you to expedited removal; how EOIR is recognizing a policy that immigration judges may lack jurisdiction over bond for respondents who entered without inspection (EWI); what that means for your ability to stay; what you must do now (especially if you are in Ohio — Cleveland/Columbus); and how to choose strong counsel.

At a Glance: What’s Changed & Why It Matters

When you receive a Notice to Appear (Form I-862) and face removal proceedings under § 240 of the Immigration and Nationality Act (INA), it is important to understand that the government must specify the statutory grounds for removal as outlined in immigration law.

You traditionally had the chance to “stay” while your case played out before an immigration judge (IJ), and it is critical for any person in these proceedings to know their rights and legal options. Additionally, you must pay close attention to your scheduled court date and ensure you attend all required dates, as missing a date can have serious consequences.

However, a strategy shift is underway: ICE is increasingly seeking termination of § 240 cases — not because the respondent is “safe” — but so ICE can arrest in or near the courtroom, refer the matter to expedited removal (ER), and cut out the judge entirely. If this happens, it is crucial to understand what that means for your ability to stay, and you and your attorney must determine your available options and next steps in light of these changes.

Fast Fact:

According to commentary in 2025, ICE is moving to dismiss or terminate § 240 removal proceedings so that agents may arrest respondents in or around immigration courts and lift them into expedited removal.

Additionally, the immigration-judge bond-jurisdiction rules are being significantly narrowed; some ICE prosecutors argue that when a respondent entered without inspection (EWI), the IJ lacks bond jurisdiction.

Key Insight:

If you entered without inspection, or have less than two years of continuous residence, and you’re in removal proceedings, you face a two-front risk: one, ICE may ask for termination and shift you to expedited removal; two, you may be detained without bond because the IJ claims no jurisdiction.

Immediate Questions You Should Ask

Before you build your strategy, clarify these critical facts:

• How did you enter the United States? Lawful admission/parole vs. EWI (entered without inspection).
• How long have you been present in the U.S.? Do you have two or more years of continuous residence (especially crucial for expedited removal eligibility)?
• What kind of proceeding are you in? Regular § 240 removal or another category; and what stage are you at (master calendar, merits hearing—the master calendar hearing is typically the first hearing where charges are reviewed and scheduling occurs).
• Are you detained or free on bond/pending? Detention severely limits strategic options.
• Do you have current counsel? If your lawyer is not familiar with the new termination/expedited-removal strategy, you are at a disadvantage.

Be sure to prepare all necessary documents and information before your first appointment or hearing. It is also important to keep track of every scheduled appointment with immigration authorities or the court.

Expert Tip:

Bring to your attorney: your entry records (passport, I-94, parole docs), hearing notice (Form I-862 or I-863), any relief-applications you’ve filed, and any communications from ICE/OPLA about termination or dismissal.

What ICE’s New Strategy Means: Termination → Courtroom Arrest → Expedited Removal

1. Motion to Terminate Instead of Move to Dismiss

Historically, ICE/OPLA could move to dismiss removal proceedings under prosecutorial discretion. This discretion allows DHS to not pursue removal proceedings, often for humanitarian reasons or if a case is a low priority. Recent policy and practice show ICE is instead requesting termination of § 240 cases. Termination gives ICE greater flexibility.

Important Note:

Termination may not be in your favor; it may be the first step in converting your case to expedited removal.

2. Arrest in or Around Immigration Court

The purpose of termination is that ICE may arrest respondents exiting the immigration court or even in hallways, then treat them as subject to expedited removal. Attending your court date is critical, but be aware that if a termination motion is pending, ICE may use your court date as an opportunity for arrest.

3. Initiation of Expedited Removal Without a Hearing

Once the proceeding is terminated and you are taken into ICE custody, you may be converted to expedited removal — often with no hearing, fewer rights, and fewer relief options.

Need to Know:

If you are in removal proceedings and ICE moves to terminate, you must seek urgent counsel and consider motion to vacate termination or continuance of the § 240 case to preserve your right to full hearing. It is important to speak with an experienced immigration attorney to discuss your options.

EOIR & Bond Jurisdiction: The EWI Trap

Bond Jurisdiction Under § 240 Cases

Under the EOIR Practice Manual, an immigration judge generally has jurisdiction over bond hearings if the respondent is in DHS custody and not barred by regulation.

New ICE/OPLA Argument: IJ Lacks Bond Jurisdiction for EWI

According to a “Rapid Response” analysis by the National Immigration Law Center (NILC), ICE prosecutors are implementing or seeking a policy: they argue that respondents who entered without inspection (EWI) are “arriving aliens” or “applicants for admission” and thus ineligible for bond before the IJ.
This means:

• Even if you have been living in the U.S. for years, if you entered without inspection, you may be placed in a category ICE argues is not bond-eligible.
• Combined with ICE’s termination strategy, being EWI now dramatically increases your risk of detention without bond and expedited removal.
  Expert Tip:

  If you entered without inspection, your attorney must assess bond eligibility before ICE files a termination motion. Delay may cost your access to bond and to relief.

Can You Still Stay in the U.S.? What You Must Consider

Category 1 – Regular § 240 Removal Proceedings

If your case remains under § 240, you have:

• A hearing before an immigration judge
• The ability to apply for relief (e.g., asylum, cancellation, adjustment)
• Potential bond eligibility
• Cancellation of Removal is available to individuals who have been a lawful permanent resident for at least 10 years or have been in the U.S. for 10 years or more with good moral character.

• A hearing before an immigration judge
• The ability to apply for relief (e.g., asylum, cancellation, adjustment)
• Potential bond eligibility

Category 2 – At Risk of Termination → Expedited Removal

If ICE moves to terminate and you entered without inspection, you may be shifted into expedited removal with no hearing and no (or much harder) bond.

Comparison Chart

Key Insight:

The difference between staying and being removed may hinge on whether your case remains under § 240 and you preserve relief rights — or whether your case is terminated and converted to expedited removal.

Relief Options: How to Protect Your Right to Stay

If your case remains under § 240, you should explore:

Obtaining relief such as a green card or asylum requires meeting specific eligibility criteria and following complex legal procedures. Submitting all required applications and supporting documents to immigration authorities or the court on time is crucial. Being prepared with thorough documentation and strong legal arguments can significantly improve your chances of success. Be aware of the relevant period of authorized stay or unlawful presence, as these time frames can impact your eligibility for relief.

• Asylum / Withholding of Removal / CAT – If you fear persecution or torture in your home country. Withholding of Removal protects individuals who can show it is “more likely than not” they will be persecuted in their home country, but does not offer a path to a green card. The Convention Against Torture (CAT) protects individuals who can prove they will “more likely than not” be tortured if returned to their country of origin. Some cases may require medical documentation to support your application.
• Cancellation of Removal – Non-LPR – Requires 7+ years of presence, good moral character, hardship to U.S. relatives.
• Adjustment of Status – Adjustment of Status allows individuals to apply for lawful permanent residency (a green card) through the immigration court process if they qualify through a family or employment petition and are admissible. Understanding your current visa status and visa eligibility is essential when seeking adjustment of status.
• Voluntary Departure / Administrative Closure – Might help delay or avoid removal if used strategically.

Important Note:

In a climate where termination is used to shift respondents into expedited removal, filing relief applications early is crucial — you must demonstrate you had a meaningful chance to contest removal before termination motion. Additionally, you can file a motion to reopen your case if you have new evidence or a legal basis for relief.

What’s New for 2025 That You Should Know

Expansion of Expedited Removal Authority

The statutory basis for expedited removal comes from the INA (8 U.S.C. § 1225(b)(1)). The trend in 2025: ICE/OPLA is more aggressively using termination to trigger ICE arrests after hearings and expedite removal.

Courtroom Arrests & Shift Strategy

ICE is using the hallway arrest tactic tied to termination motions. If you attend your hearing and ICE moves to terminate, you should not assume safety — agents may arrest immediately.

Bond Eligibility Narrowed for EWI

As noted above, ICE’s new bond-ineligibility argument for EWI places many non-citizens at risk of detention and limited relief path.

Ohio Focus: Cleveland & Columbus

For respondents in Cleveland or Columbus, local counsel must know the federal enforcement trends, local ICE field-office practice of arrests, and bond practices in Ohio immigration courts. Experience matters. Individuals who have been raised in Ohio often have stronger community ties, which can be an important factor supporting their case.

How Long Does a Removal Case Take?

Understanding timing is critical — the longer your case drags on, the greater risk of being affected by changing policies or enforcement tactics.

According to TRAC data, as of early 2025 the average wait time for pending immigration court cases was about 636 days (roughly 1.7 years) for those already waiting. (tracreports.org)

• For asylum-related cases in immigration court, one source estimates average wait times of approximately 4.3 years. (immigrationforum.org)
• If you receive a removal order, you may have the right to appeal the decision. Filing an appeal can extend your time in the U.S. and may impact your eligibility for work authorization while your case is under review.
• When you factor in appeals (to the Board of Immigration Appeals (BIA) and possibly to the U.S. Court of Appeals), you could face a multi-year journey — often 5 + years from start to finish in complex cases.

Key Insight:

Because your case can take years, policy and enforcement landscapes may shift while you wait — making early strategic action even more important.

Steps You Must Take Right Now

1. Hire counsel experienced in termination/expedited removal risk.

Not all immigration attorneys are current with the new tactics — select one who tracks ICE/OPLA termination motions, courtroom arrest tactics, and bond challenges.

2. Document your entry and continuous presence.

Especially if you entered without inspection, gather passports, I-94, parole/admission records, tax returns/list of employment, school records, leases, family-ties evidence. It’s crucial to inform the Executive Office for Immigration Review if an individual leaves the U.S. after removal proceedings begin to avoid inadmissibility issues. Any departure from the U.S. at this stage will reflect on your immigration record and may impact your ability to return in the future. The statutory re-entry bar can range from five years to twenty years, or even permanently.

3. File relief applications early if eligible.

Even if you think your case is stable, in the current environment delay may be fatal — once a termination motion is filed, you may lose your chance.

4. Attend all hearings and remain reachable.

Missing a hearing gives ICE/OPLA a clear path to termination; being unreachable gives them a tactical advantage. Additionally, you cannot leave the United States once removal proceedings have begun, or you could face a bar to re-entry. Failing to appear in court can also lead to an automatic removal order being issued.

5. Request bond hearing immediately if detained.

If you’re detained, your attorney should request bond before ICE initiates termination motion; for EWI, the counsel must challenge bond jurisdiction with urgency. It is always better to have a lawyer or a DOJ representative for court during removal proceedings. An immigration judge may give unrepresented individuals a chance to reschedule their hearing to find legal representation.

6. If you receive an ICE termination motion — act fast.

Your attorney should file opposition or motion to vacate termination; don’t treat termination as a favorable outcome.

Need to Know:

Termination may feel like “dismissal,” but under current strategy it may open the door to expedited removal and loss of bond, hearing, and relief eligibility.

Choosing the Right Law Firm – National & Ohio Options

Expert Tip:

During your consultations ask: “How many cases in the past 18 months have you defended where ICE sought termination of § 240 proceedings and the respondent was arrested in or near court and converted to expedited removal?” The answer will tell you their familiarity with current risk.

At a Glance – Relief vs Risk Table

Common Myths & Misconceptions

• Myth: “If the court hears my case and then the government moves to dismiss, I’m free.” Fast Fact: Not so. ICE may move to terminate your case instead of simply dismissing it — which can lead to expedited removal, not your freedom. If you have questions or concerns about your situation, talk to a qualified immigration attorney or expert for clear guidance.
• Myth: “I entered many years ago — ICE won’t apply these strategies against me.” Long residence helps — but if you entered without inspection or your record is weak, you remain at risk under the new strategy.
• Myth: “If the IJ grants me bond, I’m safe.” If you’re EWI or ICE moves to terminate before bond is set, you may not get bond or your bond may be revoked.
• Fast Fact: There are various organizations that provide legal help for low or no cost during removal proceedings.

What If My Case Gets Terminated?

Why ICE Seeks Termination

• Termination gives ICE the authority to arrest you in or near the court and treat you as subject to expedited removal.
• It circumvents the full hearing process, reduces ICE litigation burden, and speeds removal.

What You Must Do (Essential Info)

• Immediately consult your attorney: ask whether you should oppose the termination, motion for continuance, or convert to alternative relief.
• Do not assume termination is favorable: without responsive action, you may be shifted to expedited removal without meaningful relief. A request for a stay of removal is filed at the local Enforcement and Removal Operations (ERO) office.

Need to Know: A “dismissal” of your hearing case may be the start of removal — not the end.

Special Considerations for Ohio: Cleveland & Columbus

• The Cleveland Immigration Court (801 W Superior Ave.) and Columbus-area courts may each have unique ICE field-office practices and local bond customs.
• Local community ties matter: if you have long employment, schooling, property or church involvement in Ohio, document them — they can support relief applications and may influence judge/bond decisions.

Fast Fact:

Being represented by an Ohio-based law firm that knows local ICE/EOIR patterns (Cleveland/Columbus) adds strategic value.

Final Checklist for Your File

• A-Number and all Notices to Appear (I-862/I-863)
• Entry documentation: passport stamps, I-94, parole/admission records, EWI evidence if applicable
• Residence proof: leases, utility bills, employment records, schooling records
• Family/community ties: spouse, children, property, church involvement, volunteering
• Relief eligibility documentation: petition filings, character references, hardship evidence, medical documentation if relevant to your relief application
• Bond documentation or bond eligibility arguments if detained
• Copies of all court/notice correspondence and ICE/OPLA communications
• Emergency contact info for your immigration attorney (Ohio/local or national), including a current phone number

Expert Tip:

Secure both digital and hard-copy backups of all materials; keep a binder with tabs for each category and update quarterly.

Key Takeaways

• The new ICE strategy of requesting termination of removal proceedings so that respondents may be arrested near court and shifted to expedited removal is a major change.
• If you entered without inspection (EWI) or have less than two years of continuous residence, your risk of expedited removal and loss of bond/hearing rights is especially high.
• Immigration judges’ bond jurisdiction is being challenged in EWI cases — you may face detention without bond.
• Staying in the U.S. now depends on staying under § 240 proceedings with full hearing rights — or else being moved into expedited removal.
• Stays of removal are often granted for reasons such as pending legal appeals or humanitarian concerns.
• Choose counsel who understands these 2025 developments, act early: attend all hearings, file relief promptly, document everything aggressively.
• For respondents in Ohio (Cleveland/Columbus), local expertise and knowledge of regional practices matter more than ever.

If you or a loved one are in removal proceedings — especially if you entered without inspection or have less than two years of continuous U.S. residence — contact Herman Legal Group today at https://www.lawfirm4immigrants.com/book-consultation/ for a confidential case evaluation.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Each case is unique—consult a qualified immigration attorney to assess your specific situation.