What happens in immigration court removal proceedings?

Immigration court removal proceedings determine if you should be removed from the United States. The government must prove you are removable, and you can present defenses or apply for relief. Proceedings include master calendar hearings, individual merits hearings, and potential appeals.

Do I need a lawyer for immigration court?

While you have the right to be represented by an attorney at your own expense, the court will not provide one for you. Legal representation significantly increases your chances of success in immigration court proceedings.

What relief can I apply for in immigration court?

Common forms of relief include asylum, withholding of removal, protection under the Convention Against Torture, cancellation of removal, adjustment of status, and various waivers. Eligibility depends on your specific circumstances and immigration history.

How long do immigration court cases take?

Immigration court cases can take several months to several years depending on the court's backlog, case complexity, and type of relief sought. As of 2025, the average case takes 2-4 years to complete.

What happens if I don't appear in immigration court?

Failing to appear in court without good cause results in an in absentia removal order. You may be able to reopen the case within 180 days if you can show exceptional circumstances prevented your attendance or you never received proper notice.

Can I appeal an immigration judge's decision?

Yes, you can appeal most immigration judge decisions to the Board of Immigration Appeals (BIA) within 30 days. If the BIA affirms the removal order, you may petition for review in federal circuit court.

What is the difference between master calendar and individual hearings?

Master calendar hearings are brief proceedings where you plead to charges, identify relief sought, and schedule future hearings. Individual hearings are longer trials where you present evidence and testimony for your case.

Can I get a bond while in immigration court proceedings?

In many cases, you can request a bond hearing before an immigration judge. The judge considers factors like flight risk, danger to community, and likelihood of appearing for future hearings when setting bond amount.

Immigration Court Defense System

Last updated: January 15, 2025

Critical Legal Situation

Immigration court proceedings can result in removal from the United States. Immediate legal representation is strongly recommended. Free legal services may be available through nonprofit organizations.

What are Immigration Court Proceedings?

Immigration court proceedings, also known as removal proceedings, are administrative hearings conducted by immigration judges within the Executive Office for Immigration Review (EOIR). These proceedings determine whether an individual should be removed from the United States or granted relief from removal.

Unlike criminal court, immigration court is a civil proceeding, but the consequences can be severe, including permanent separation from family and community. The government is represented by attorneys from Immigration and Customs Enforcement (ICE), while individuals must secure their own legal representation.

Common Grounds for Removal

The government may seek removal based on:

Overstaying authorized period of admission
Entering without inspection or proper documentation
Criminal convictions (including misdemeanors and felonies)
Immigration violations (fraud, misrepresentation)
Security-related grounds (terrorism, espionage)
Public charge grounds and welfare-related issues
Failure to register or comply with immigration requirements

Your Rights in Immigration Court

As a respondent in removal proceedings, you have the right to:

Right to be represented by an attorney (at your own expense)
Right to an interpreter if you don't speak English
Right to examine and present evidence
Right to cross-examine government witnesses
Right to appeal negative decisions to Board of Immigration Appeals
Right to reasonable time to prepare your defense
Right to request continuances for legitimate reasons

No Right to Appointed Counsel

Unlike criminal cases, you do not have the right to a court-appointed attorney in immigration court. You must hire private counsel or seek help from nonprofit legal aid organizations.

Available Forms of Relief

Cancellation of Removal (EOIR-42A for LPRs, EOIR-42B for non-LPRs)

For long-term residents with qualifying family ties and good moral character

Asylum and Withholding of Removal

Protection for those fleeing persecution or torture in their home countries

Protection under Convention Against Torture (CAT)

Protection against torture specifically, even if not eligible for asylum

Adjustment of Status to Permanent Resident

Obtaining permanent residence while in removal proceedings if eligible

Voluntary Departure in lieu of removal

Agreeing to leave voluntarily to avoid removal order consequences

Waivers of Inadmissibility (I-601, I-212)

Forgiving certain grounds of inadmissibility through waiver applications

U Visa, T Visa, and VAWA relief

Special protections for crime victims and domestic violence survivors

Termination of proceedings for lack of jurisdiction

Ending proceedings when court lacks authority to order removal

Court Process Overview

Initial Hearing (Master Calendar)

Admit or deny charges, state if you want an attorney, and indicate desired relief

Individual Hearing Scheduled

Judge sets date for your merits hearing and deadlines for evidence submission

Prepare Defense

Gather evidence, file applications for relief, and prepare testimony with attorney

Individual Hearing

Present your case for relief, testify, and examine witnesses before immigration judge

Judge's Decision

Immigration judge issues oral or written decision granting or denying relief

Appeal (if necessary)

File appeal to Board of Immigration Appeals within 30 days if decision is negative

Execute Decision

Comply with judge's order - either complete relief process or prepare for departure

Required Documentation

Gather these important documents for your court case:

Notice to Appear (NTA) and all court documents
Identity documents (passport, birth certificate)
Immigration documents (I-94, visas, green card)
Evidence supporting any relief applications
Criminal history records and court dispositions
Medical records and psychological evaluations
Financial documents and tax returns
Supporting affidavits from family and community members

Cancellation of Removal

For Permanent Residents (EOIR-42A)

• Lawful permanent resident for 5+ years
• Continuous residence for 7+ years after admission in any status
• No aggravated felony convictions
• Must file EOIR-42A application with $100 fee

For Non-Residents (EOIR-42B)

• Physical presence in U.S. for 10+ years
• Good moral character during 10-year period
• Extreme hardship to qualifying U.S. citizen/LPR relative
• Must file EOIR-42B application with $100 fee

Court Locations and Scheduling

Court Assignments

Cases are assigned to specific immigration courts based on where you were arrested or your address. You cannot choose your court location.

Hearing Dates

Immigration courts are extremely backlogged. Individual hearings may be scheduled months or years in advance. Check EOIR case status regularly.

Legal Representation Options

Private Attorneys

Hire experienced immigration attorneys who specialize in removal defense. Costs vary but investment in good representation can be life-changing.

Nonprofit Legal Aid

Many areas have nonprofit organizations providing free or low-cost legal services. Use the EOIR Legal Orientation Program to find resources.

Pro Se Representation

Representing yourself is legally permissible but not recommended. Immigration law is complex and mistakes can have permanent consequences.

Appeals Process

Board of Immigration Appeals (BIA)

1File Notice of Appeal (Form EOIR-26) within 30 days of decision
2Pay $520 filing fee (increased under 2025 H.R. 1 legislation)
3Submit written brief explaining legal errors in immigration judge decision
4BIA reviews case and issues decision (no oral arguments in most cases)

Important Deadlines and Fees

Appeal Deadline

30 days from immigration judge's decision to file BIA appeal. This deadline is strictly enforced with limited exceptions.

EOIR-42A/42B Fee

$100 filing fee for cancellation of removal applications (no fee increase under H.R. 1 for these forms).

BIA Appeal Fee

$520 filing fee for BIA appeals (increased from $415 under H.R. 1 - effective 2025).

Critical Success Factors

Keys to Successful Defense

Obtain experienced legal representation as early as possible
Attend all court hearings - failure to appear results in in absentia removal orders
File relief applications promptly and completely with all required evidence
Keep EOIR informed of address changes to receive court notices
Gather strong evidence and credible witness testimony supporting your case

Official Resources

Executive Office for Immigration Review (EOIR)EOIR Case Status Hotline EOIR Legal Service Providers List Immigration Court Practice Manual USCIS Legal Services Directory