Complete guide to immigration court proceedings. Covers how people end up in removal proceedings, the hearing process, your rights, how to defend your case
The Executive Office for Immigration Review (EOIR) oversees US immigration courts, which conduct removal proceedings to determine whether non-citizens should be removed from the United States. Immigration courts are not part of the federal judiciary, they are administrative tribunals within the Department of Justice. Immigration judges are DOJ employees, not Article III federal judges.
Removal proceedings begin when ICE or CBP issues a Notice to Appear (NTA), a charging document alleging that the respondent (the non-citizen) is subject to removal under one or more grounds of inadmissibility or deportability. The NTA is filed with the immigration court, triggering formal proceedings.
Common grounds for receiving an NTA: visa overstay, unauthorized employment, criminal conviction, status violations, misrepresentation on immigration applications, or being present without inspection (crossing the border unlawfully). H-1B holders may receive NTAs if an employer fails to maintain their status or if they fall out of status during transitions.
Once in removal proceedings, the respondent has the right to: appear before an immigration judge, present evidence and witnesses, cross-examine government witnesses, apply for relief from removal (asylum, cancellation of removal, adjustment of status, etc.), and appeal an adverse decision to the Board of Immigration Appeals (BIA).
Initial hearing (master calendar hearing): the first appearance before the immigration judge is typically a brief administrative hearing where the judge reads the charges in the NTA, the respondent admits or denies the charges, and the case is scheduled for individual merits hearing. The respondent also indicates whether they have or are seeking legal representation.
Multiple master calendar hearings may be scheduled over months or years while the respondent finds legal representation, gathers evidence, or files applications for relief. During this time, the respondent is generally not in detention unless ICE detained them initially or sought detention during the proceedings.
Individual merit hearing (merits hearing): the substantive trial where the respondent presents their case for relief from removal. Both sides present evidence, call witnesses, and make legal arguments. The immigration judge evaluates the evidence and issues an oral or written decision, either granting relief (allowing the respondent to remain) or ordering removal.
EOIR immigration courts face massive backlogs. As of 2025, the national immigration court backlog exceeds 3 million cases, with average wait times of 4–7 years in some jurisdictions before a merits hearing is scheduled. This backlog creates extended periods of legal uncertainty for respondents and their families.
Right to representation: respondents in immigration court have the right to be represented by an attorney or accredited representative at their own expense. Unlike criminal court, there is no constitutional right to a government-appointed attorney in immigration court. Many immigration courts are connected to pro bono legal service providers who assist qualifying respondents.
Right to an interpreter: if you don't speak English, EOIR provides interpretation services at no cost. You can request interpretation in your native language, and the interpretation is provided at government expense throughout the proceedings.
Right to examine evidence: respondents have the right to see and challenge all evidence the government uses in the proceedings. This includes the NTA, any additional charging documents, exhibits, and the A-file (which your attorney can obtain through FOIA).
Fifth Amendment protection: respondents in immigration court have limited Fifth Amendment rights. Statements made to immigration authorities can be used against you. Anything you say in immigration court is on the record. Consulting with an attorney before any immigration court appearance is not just advisable, it is essential.
Adjustment of status: if you are eligible for a green card through a family or employment petition that is current, you may apply for adjustment of status as a defense to removal. The immigration judge can grant the adjustment and close the removal case.
Cancellation of removal: available to LPRs who have been permanent residents for at least 5 years and have resided continuously in the US for at least 7 years, if removal would cause extreme hardship. Also available to non-LPRs with 10 years of continuous physical presence, good moral character, and exceptional and extremely unusual hardship to a US citizen or LPR spouse, parent, or child.
Asylum, withholding of removal, and Convention Against Torture (CAT) protection: respondents who face persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group can apply for asylum (if filed within 1 year of entry) or withholding of removal (no time limit but higher standard).
Voluntary departure: a respondent who is ordered removed but not eligible for other relief may request voluntary departure, leaving on their own within a specified period (60 days maximum at the end of proceedings). Voluntary departure avoids the 10-year bar on reentry that comes with a formal removal order and may allow reentry through lawful channels sooner if a qualifying petition is later filed.
Board of Immigration Appeals (BIA): adverse immigration judge decisions can be appealed to the BIA within 30 days of the oral decision or the written decision's mailing date. The BIA is the highest administrative immigration appeals body. BIA appeals are reviewed on the written record, the BIA generally does not conduct new hearings.
BIA decisions can be further appealed to the US Court of Appeals for the circuit where the immigration court is located (9th Circuit for West Coast, 2nd Circuit for New York, 11th Circuit for Florida, etc.). Federal circuit court review is limited to questions of law, constitutional violations, and due process issues, courts generally defer to immigration judge factual findings.
Petitions for Review (PFR): the formal mechanism for appealing a BIA decision to the circuit court. The PFR must be filed within 30 days of the BIA decision. Filing a PFR automatically stays removal in some circumstances, providing additional time while the circuit court reviews the case.
Habeas corpus and motions to reopen: if new evidence emerges after a final order of removal, a motion to reopen can be filed with the immigration court or BIA within 90 days (or longer under exceptional circumstances). Habeas corpus petitions in federal district court are available for procedural due process violations in the underlying proceedings.
Sarah Chen, Immigration Attorney, has over a decade of experience advising employers and foreign nationals on H-1B petitions, green card sponsorship, and US immigration compliance.