How Immigration Court Works: A Step-by-Step Procedure Guide

Immigration court proceedings decide whether a noncitizen may stay in the United States, apply for relief, or face removal. These cases are handled in a separate court system run by the U.S. Department of Justice (DOJ). From the first hearing through possible appeals, each step carries important deadlines and legal consequences.

For help understanding your immigration case or preparing for court proceedings, speak with an experienced immigration attorney.

What Is Immigration Court?

The U.S. Department of Justice (DOJ) oversees the immigration court system. The Executive Office for Immigration Review (EOIR) is an agency under the DOJ whose primary function is to perform the administrative proceedings of the immigration court.  

U.S. immigration courts operate differently from civil and criminal courts. The rules, deadlines, and procedures are all different. Immigration courts do not hear civil lawsuits or criminal cases. These are separate legal matters to be addressed in the appropriate courts.

There are several types of cases that immigration judges will hear and issue rulings on:

• Adjustment of status
• Asylum
• Bond hearing
• Cancellation of removal
• Convention Against Torture (CAT)
• Removal proceedings
• Special immigrant juvenile status
• Violence Against Women Act (VAWA)
• Withholding of removal

How an Immigration Court Case Begins

An immigration case begins when the U.S. Department of Homeland Security (DHS) files a case. An attorney working for the DHS will initiate immigration court proceedings by filing a case. This lawyer performs a role similar to that of a prosecutor in a criminal case.

A Notice to Appear (NTA) will be sent to the immigrant respondent, including the individual’s full name, date of birth, home country, and citizenship. The factual allegations are the government’s reasons for initiating an immigration case. This section will also include references to the specific immigration laws that the government claims the person violated.

Most importantly, the NTA will include a hearing date, time, and location. In many situations, this section will simply state “to be set,” meaning that an additional notice from the EOIR will be sent with the scheduled hearing information.

Hearing dates can also be checked online via the EOIR portal or by calling the automated hotline at 1-800-898-7180 (available in English and Spanish). You will need your Alien Registration Number (A-Number), which is on your NTA. All NTAs will include an explanation of rights.

Step-by-Step Immigration Court Process

While every immigration case is unique, most proceedings follow the same general structure. The process typically begins with a preliminary hearing, followed by applications for relief, evidentiary proceedings, and a final ruling by the immigration judge.

Step 1: Master Calendar Hearing

The master calendar hearing is the first appearance before a judge. This first hearing is typically short and procedural.

Several things will happen during this hearing. The judge will verify the respondent’s identity and advise them of their rights. The judge will hear and review the pleadings outlined in the Notice to Appear. Then the respondent will have the opportunity to specify the type of relief they are seeking.

Step 2: Filing Applications for Relief

Respondents can file a response to the government’s claims.

They could agree with the claims, though most people file for relief. The specific claim will depend on the person’s specific circumstances. Talking to an immigration attorney can help clarify the different forms of relief available.

Step 3: Individual Merit Hearing

The individual hearing, sometimes called a merit hearing, is the evidentiary hearing. An immigrant judge, not a jury, will hear the arguments and evidence for both sides.

Both sides will present evidence and have an opportunity to cross-examine witnesses.

Step 4: Immigration Judge’s Final Decision

At the end of the immigration court hearing, the judge will typically issue an oral decision. In complex or unique cases, the judge may refrain from issuing a written decision and issue one later. There are multiple possible outcomes for an immigration hearing.

A grant of relief is when the judge approves of the respondent’s application for relief. This allows the person to stay in the country legally. The judge could issue an administrative closure, which temporarily pauses the case. The case won’t be actively moved forward, but it isn’t closed either.

If the immigration judge’s decision is an order of removal, the respondent will be required to leave the country. A removal order leads to deportation. In some situations, the court may grant voluntary departure. The immigrant is granted permission to leave at their own expense within a certain timeframe. This outcome helps immigrants avoid harsh penalties and receive a formal removal order.

Rights Individuals Have in Immigration Court

It’s common knowledge that criminal defendants have the right to consult an attorney, and if they cannot afford one, one will be appointed. This right does not extend to immigration cases.

While immigrants have a right to legal representation, there is no right to have a government attorney. If an immigrant cannot afford to hire their own attorney, the case proceeds with the respondent representing themselves.

Immigrants have the right to present evidence and testimony in their favor. This includes documents, witnesses, affidavits, and expert testimony. To support this, immigrants have the right to interpretation services. The court must provide an interpreter for the proceedings so that immigrants can effectively represent themselves.

Appealing an Immigration Court Decision

Either party in an immigration case can appeal the court’s ruling to the Board of Immigration Appeals (BIA). Immigrants can also appeal board decisions, the validity of the government’s reasoning for removal, and whether their due process rights have been violated.

Seek Legal Advice

Immigration court proceedings can affect your ability to remain in the United States. From the initial hearing through appeals, the process involves strict deadlines and detailed paperwork. An experienced immigration lawyer can help you understand your options, prepare evidence, respond to government claims, and avoid procedural mistakes that may jeopardize your case.

To find legal help in your area, use the Super Lawyers immigration attorney directory.