How Removal Proceedings Work

1. Read the NTA and keep court contact information current

The Notice to Appear (Form I-862) identifies the allegations, the legal charge or charges, and basic information about the case. A hearing notice may come with it or arrive later. Check the hearing date with EOIR, keep every notice, and promptly file Form EOIR-33/IC if your mailing address changes. The court generally sends notices to the address it has on file.

Do not ignore the NTA because a date is missing or because you think the information is wrong. A lawyer or accredited representative can help you review the allegations and explain how to respond. If the NTA does not list a hearing date, EOIR may send a separate hearing notice.

EOIR Automated Case Information

2. Master calendar hearing: pleadings and scheduling

The first hearing is often a master calendar hearing. It is usually a brief, recorded session with several cases on the calendar. The judge confirms identity and address, explains the right to representation at no expense to the government, and addresses the allegations and charges. You may be asked to admit or deny each allegation, state whether you concede removability, identify any applications for relief, and choose a language for interpretation.

The judge may set deadlines for applications, evidence, and witness lists, and may schedule another master hearing or an individual hearing. The court practice manual generally provides at least ten days between service of the NTA and the first master hearing unless the respondent waives that period. Do not assume the date can be changed; make a timely request through the process in the notice or a written motion.

EOIR Immigration Court Practice Manual: Master Calendar Hearing

3. Individual hearing: testimony and evidence

At an individual (merits) hearing, the judge considers disputed charges and applications for relief. You may testify under oath. Your representative can question you, DHS counsel can cross-examine you, and the judge can ask questions. The judge also reviews documents, country-condition evidence, and any witnesses permitted by the court.

Bring a complete, organized record and follow the judge's filing order. The deadline and filing requirements depend on the case and whether you are detained. Give the court and DHS copies as required, submit certified translations when needed, and keep proof of filing. The judge will explain how and when the decision will be issued.

EOIR Immigration Court Practice Manual: Individual Calendar Hearing

4. Attend every hearing and follow every order

If you miss a hearing, the judge may order you removed in your absence if the legal requirements are met. A missed date can be difficult to undo and strict motion deadlines may apply. If an emergency prevents attendance, contact your representative and follow the court's instructions immediately; do not assume a phone call alone changes the hearing date.

The case may take months or years, depending on detention, court location, scheduling, applications, appeals, and other circumstances. There is no reliable universal timeline. Check notices and case status regularly, and keep copies of all submissions and delivery receipts.

Get qualified help early

You may be represented by a lawyer or a DOJ-accredited representative at no expense to the government, but immigration court generally does not appoint a lawyer for you. EOIR's pro bono list is organized by court location. Avoid anyone who promises a guaranteed result or asks you to sign blank forms.

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