What the Immigration Courts does
Immigration judges conduct removal proceedings and decide applications for relief made in the course of them: asylum, withholding of removal and protection under the Convention Against Torture, cancellation of removal, adjustment of status, and waivers. They also decide bond in many detained cases. Appeals go to the Board of Immigration Appeals, and from there in limited circumstances to a federal court of appeals. Proceedings can run for years, and detained cases move far faster than non-detained ones.
What it hears
- Removal (deportation) proceedings
- Asylum, withholding of removal and Convention Against Torture claims
- Cancellation of removal and adjustment of status
- Bond hearings for detained respondents
- Voluntary departure applications
Before your first court date
Find representation early, and be extremely careful who you trust: notarios and unlicensed consultants cause devastating harm, and only a licensed attorney or an accredited representative of a recognised organisation may represent you. Free and low-cost legal service provider lists exist for every immigration court. Keep your address updated with the court — notices go to the address on file, and a notice you never received is still a notice. Collect your evidence early: identity documents, entry records, country conditions evidence, medical and police reports.
What happens at your first appearance
The first hearing is a master calendar hearing: short, often crowded, where the judge confirms identity, takes pleadings to the charges, identifies what relief you will seek and sets deadlines. Merits hearings come later and are where the case is actually decided. **Missing a hearing is close to catastrophic** — an in absentia removal order can be entered in your absence and is difficult to reopen. If you cannot attend for a genuine emergency, tell the court in writing immediately.
What to prepare
- Every immigration document you have — notices, entry records, prior applications
- Identity and family documents, with certified translations where needed
- Evidence supporting any relief you are seeking, gathered early
- Proof of continuous presence, employment, taxes and community ties
- A current address on file with the court at all times
When to get legal advice
This page is general legal information, not legal advice. Representation changes outcomes in immigration court more than in almost any other forum, and there is no appointed lawyer — so finding one, including through free and low-cost provider lists, is the single most valuable step. Beware anyone who is not a licensed attorney or an accredited representative. Legal Hotline's free line explains the process any hour on 1-844-690-0555, and a one-hour consultation with a licensed US attorney ($195, a fixed fee) can be booked right on the call.
Where it is
Immigration courts sit in cities across the country under the Executive Office for Immigration Review, with separate detained dockets. Hearing notices name the court, date and time — and the address the court holds for you governs where notices go.