EOIR Resources
How Immigration Court Works
A Notice to Appear (NTA) can make the next steps feel uncertain. It starts a court case, but it is not itself a final decision that you must leave. This guide explains what usually happens, what deadlines to watch, and where to get help. Your exact process depends on your immigration history, the charges in the NTA, custody status, and any applications you file.
A notice or hearing date is important, but the NTA is not the judge's final decision. Read every notice and get qualified help as soon as you can.
Start with the notice and the hearing date
Read every page of the NTA and any hearing notice. The NTA lists the government's allegations and legal charges; an immigration judge decides whether the charges are proved and whether you qualify for relief. Keep the A-number, make copies, and check the official case-status system. If your address changes, file the required change-of-address form with the court and keep proof. A missed hearing can lead to a removal order even when you have a possible defense.
Most cases move through more than one hearing
A master calendar hearing is usually a short court session for scheduling, pleadings, and identifying the issues. A later individual (merits) hearing is where the judge hears testimony, reviews documents, and decides contested charges and applications for relief. Some cases have several master hearings or other proceedings. Detained cases may follow a different schedule, and the judge's written orders control filing dates.
EOIR Immigration Court Practice Manual: Master Calendar Hearing · EOIR Immigration Court Practice Manual: Individual Calendar Hearing
You may ask for protection or another form of relief
Depending on the facts and legal requirements, a person in court may seek asylum, withholding of removal, protection under the Convention Against Torture, cancellation of removal, adjustment of status, or another form of relief. These options have different eligibility rules and burdens of proof. Filing an application does not guarantee approval. For most applications, the person asking for relief must prove eligibility with credible testimony and supporting evidence.
Types of relief from removal · Asylum process · Cancellation of removal
Deadlines can be short and case-specific
The NTA, hearing notices, and the immigration judge's scheduling orders tell you when to appear and when to file documents. Missing a filing deadline can affect an application; missing a hearing can have more serious consequences. If the judge issues an adverse decision, a BIA appeal generally must be received within 30 calendar days. A petition for review in federal court generally has a separate 30-day deadline after a final order. These are different deadlines, and exceptions are limited.
Appealing to the Board of Immigration Appeals · Federal court review
Browse the immigration process guides
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Immigration court guide
Removal proceedings
Removal proceedings are court cases in which the Department of Homeland Security (DHS) alleges that a person can be removed from the United States. An immigration judge—not the NTA itself—decides whether the charges are established and whether the person qualifies for relief.
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Immigration court guide
Asylum
Asylum may protect a person who meets the legal definition of a refugee and is not barred from receiving it. Some people apply with USCIS while not in removal proceedings; others request asylum as a defense in immigration court. The route, deadlines, and decision-maker depend on how the case began.
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Immigration court guide
Cancellation of removal
Cancellation of removal is a form of relief that an eligible person can request in removal proceedings. It is not an application that automatically becomes available after a certain number of years. The person must prove every statutory requirement, and the judge must decide whether to grant relief.
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Immigration court guide
Bond hearings
A bond hearing concerns whether a detained person may be released while an immigration case continues. It is separate from the hearing that decides whether the person can remain in the United States. Not every detained person is eligible for an immigration-judge bond hearing.
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Immigration court guide
BIA appeals
The Board of Immigration Appeals (BIA) is the Department of Justice's administrative appellate body for many immigration judge decisions. An appeal asks the Board to review the record for legal or factual error; it is not a new trial where the parties automatically present new witnesses.
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Immigration court guide
Federal court review
After a final administrative order, some people may ask a federal court of appeals to review legal or constitutional issues. This is called a petition for review. It is a narrow form of judicial review, not a new immigration hearing, and it has a strict filing deadline.
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Immigration court guide
Relief from removal
A person in removal proceedings may be able to request one or more forms of relief or protection. Each option has separate requirements, evidence, and consequences. The names can sound similar, but the protections are not interchangeable.
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Immigration court guide
Credible fear
Credible-fear screening is an early protection screening used in some expedited-removal cases. It is not a full asylum hearing and does not decide whether a person will ultimately receive asylum. It asks whether there is a significant possibility the person could establish eligibility in a later proceeding.
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Immigration court guide
Finding a lawyer
Immigration court rules, evidence requirements, and deadlines can be difficult to navigate alone. A lawyer or authorized representative can explain the process, help prepare applications, and present your case. No representative can guarantee a result.
Find a court or judge
Official information
This page is general information, not legal advice. Immigration rules, court procedures, and enforcement policies can change. Deadlines and options depend on your case and the notices you received. Talk with a qualified immigration attorney or DOJ-accredited representative about your situation.