What Happens in Immigration Court?

Immigration courts are run by the Justice Department's Executive Office for Immigration Review (EOIR), not by the regular federal court system. Judges decide whether a person can be removed and whether they qualify for relief.

Who is in the courtroom

• The immigration judge
• An ICE attorney representing the government
• The respondent (the person in proceedings) and their lawyer, if any
• An interpreter provided by the court

Your rights

Under 8 U.S.C. 1229a, you have the right to:

• Be represented by a lawyer, but at no expense to the government; the court does not appoint one for most adults
• Examine the evidence against you and present evidence
• Cross-examine government witnesses
• A record of the hearing and to appeal

Master calendar hearings

These are short group hearings where:

1. The judge explains your rights.
2. You admit or deny the factual allegations and charges in the Notice to Appear.
3. You tell the judge what relief you will apply for.
4. The judge sets deadlines to file applications and evidence.

Individual (merits) hearing

This is your trial. You and your witnesses testify, the ICE attorney cross-examines, and the judge decides, often at the end of the hearing.

Common forms of relief

• Asylum, withholding of removal and Convention Against Torture protection; see asylum
• Cancellation of removal: for permanent residents with 7 years of residence, or for non-permanent residents with 10 years of physical presence, good moral character and exceptional and extremely unusual hardship to a US citizen or permanent resident spouse, parent or child (8 U.S.C. 1229b)
• Adjustment of status through a family or employment petition
• Voluntary departure; see voluntary departure

How long cases take

Non-detained cases can take years because of large backlogs; detained cases move much faster. Check your hearing dates on EOIR's automated case information portal or phone line.

Never miss a hearing

If you miss a hearing without an exceptional reason, the judge will usually order you removed in absentia. Keep your address updated with Form EOIR-33 within five days of moving.

After the decision

If you lose, you have 30 days to appeal; see after a deportation order. Representation makes a large difference in immigration court, so contact an immigration lawyer early.

Sources

1. Executive Office for Immigration Review
2. Cornell Law School LII: 8 U.S.C. 1229a, Removal proceedings
3. Cornell Law School LII: 8 U.S.C. 1229b, Cancellation of removal