What Happens in Immigration Court

Immigration court is where a government judge decides whether a noncitizen can stay in the United States or must be removed (deported). It is run by the Executive Office for Immigration Review (EOIR), a part of the U.S. Department of Justice - not by ICE, and not by any state or local court. If you have a case in immigration court, you will typically go through one or more short "master calendar" hearings and then, if your case is contested, a longer "individual" hearing where evidence is presented. You have the right to bring a lawyer, but you must find and pay for one yourself. This article explains how the process works so you know what to expect. It is general information, not legal advice for your specific case.

Immigration court is different from an ICE encounter

It's easy to confuse "immigration court" with an arrest or check-in at an ICE office, but they are different things:

• ICE (Immigration and Customs Enforcement) is the law enforcement agency that arrests, detains, and can put people into removal proceedings. Your rights during an encounter with an ICE officer on the street, at your home, or at a check-in are a separate topic.
• Immigration court (EOIR) is the judicial body that actually decides your case once you are placed in "removal proceedings." A different, independent immigration judge - not ICE - decides the outcome.

If you have received a document called a Notice to Appear (NTA), that is what places you into removal proceedings and starts the court process described below.

Who is in the courtroom

• The immigration judge (IJ): An attorney appointed within EOIR to hear and decide your case. The judge is not the same as ICE and does not work for ICE.
• You (the "respondent"): The person in proceedings. You may represent yourself or have your own attorney or accredited representative.
• DHS counsel: A government trial attorney from ICE's Office of the Principal Legal Advisor represents the Department of Homeland Security's position - essentially, the case for removal. This attorney is not neutral and does not represent your interests.
• An interpreter: If you do not speak fluent English, the court is generally required to provide an interpreter in your language for your hearings, at no cost to you.

There is no jury. The immigration judge alone decides the facts and the law and issues a decision.

Master calendar hearings: the first stage

Almost every case starts with one or more master calendar hearings. These are typically short - sometimes only a few minutes - and often several cases are scheduled in the same time block. At a master calendar hearing, the judge will generally:

• Confirm your correct name, address, and that you received the Notice to Appear.
• Advise you of your rights, including the right to be represented by counsel (at no expense to the government) and the right to appeal.
• Ask whether you admit or deny the factual allegations and the charge(s) of removability in the Notice to Appear.
• Identify what relief from removal, if any, you may seek (for example, asylum, cancellation of removal, or adjustment of status) and set deadlines for filing applications.
• Schedule your next hearing, which may be another master calendar hearing or, once your case is ready, an individual hearing.

It is critical to keep the court updated with your current mailing address using Form EOIR-33. Notices are mailed to the address on file, and missing a hearing because a notice went to an old address does not always excuse your absence.

Individual (merits) hearings: where evidence is presented

An individual calendar hearing, also called a merits hearing, is a longer hearing set aside just for your case. This is where the substantive decision gets made. Depending on your case, it may include:

• Testimony from you and any witnesses, under oath.
• Documentary evidence - such as country-conditions evidence, medical or police records, or evidence supporting an application for relief.
• Cross-examination by the DHS attorney.
• Legal arguments from both sides.

The hearing is recorded. At the end, the judge either issues a decision from the bench or takes the case under advisement and issues a written decision later.

Who has to prove what: the burden of proof

Removal proceedings are not "innocent until proven guilty" in the criminal-law sense, but there are still rules about who must prove what:

• If you were already lawfully admitted to the U.S. and the government is trying to remove you as "deportable," DHS generally bears the burden of proving deportability by clear and convincing evidence.
• If you are an "applicant for admission" (for example, someone who entered without inspection or is seeking admission at a port of entry), the law places the burden on you to show you are clearly and beyond doubt entitled to be admitted and not inadmissible.
• If you are asking for relief from removal - such as asylum, cancellation of removal, or adjustment of status - the burden is on you to prove you are eligible and merit a favorable exercise of discretion, generally by a preponderance of the evidence.

Because the burden shifts depending on the type of case, understanding which situation applies to you matters a great deal - this is one of the main reasons legal representation makes a difference.

Your right to a lawyer - at your own expense

You have the right to be represented in immigration court by an attorney or by a representative accredited by the Department of Justice to work for a nonprofit organization. Unlike criminal court, however, the government does not provide or pay for a lawyer for you. If you cannot afford one, the judge will typically give you a list of free or low-cost legal service providers and may allow additional time to find help, but there is no guarantee a free lawyer will be available.

Beware of "notarios" and unauthorized practitioners. In many countries a "notario público" is a licensed attorney, but in the United States a notary public is not a lawyer and generally cannot represent you in immigration court or give you legal advice. Fraudulent "immigration consultants" have caused people to miss deadlines, submit false applications, or lose their cases entirely. Only a licensed attorney or a representative accredited through the DOJ's recognition-and-accreditation program is authorized to represent you. You can verify a representative's accreditation, and find free or low-cost legal help, through the EOIR website (justice.gov/eoir).

What to do: practical steps

1. Read your Notice to Appear carefully and note the hearing date, time, and location (if listed - some initial notices are sent without a date, with the date to follow separately).
2. Keep your address current with the court by filing Form EOIR-33 with EOIR every time you move, and separately notify DHS/ICE of your address as required.
3. Look for a qualified immigration attorney or a DOJ-accredited representative as early as possible - many nonprofits have waiting lists, and some forms of relief have their own filing deadlines.
4. Attend every hearing, even if you don't yet have a lawyer or your case isn't ready. Ask the judge for more time rather than not showing up.
5. Gather documents early - identity documents, prior immigration filings, and any evidence relevant to relief you may seek.
6. Check your case status using the EOIR automated case information system or the online case status tool, and confirm details directly with the court if anything is unclear.

Deadlines that can end your case - pay close attention

• Missing your hearing: If you do not appear, the judge can order you removed "in absentia" (in your absence). This order generally cannot be appealed in the normal way; instead, you must file a motion to reopen, and you are generally allowed only one such motion to rescind an in-absentia order. Removal is automatically stayed while that motion is pending before the immigration judge, but the rules and time limits are strict - get legal help immediately if this happens to you.
• Appealing the judge's decision: If you disagree with the immigration judge's decision, a Notice of Appeal (Form EOIR-26) to the Board of Immigration Appeals is generally due within 30 calendar days of the judge's oral or written decision, and it must actually be received by the Board within that window. The Board generally cannot extend this deadline, so it is treated as firm.
• Relief-specific deadlines: Some forms of relief carry their own hard deadlines - for example, asylum applications are generally subject to a one-year filing deadline from your last arrival in the U.S., with only limited exceptions. Deadlines like these can determine whether you are even eligible to apply, so confirm the current rule for your specific type of relief with an attorney, accredited representative, or the official EOIR/USCIS guidance rather than relying on general assumptions.

Because immigration policy, forms, fees, and specific procedures can change, always confirm current requirements directly with the immigration court handling your case, the EOIR website (justice.gov/eoir), USCIS (uscis.gov), or a qualified representative before you rely on any specific deadline or form number.

This article is general legal information, not legal advice, and does not create an attorney-client relationship. Immigration court mistakes can lead to detention, denial of relief, or removal - consult a qualified immigration attorney or a DOJ-accredited representative about your specific case, and be cautious of "notarios" or unaccredited consultants who are not authorized to represent you.