immigration court process step by step

Removal proceedings start when DHS files a Notice to Appear (Form I-862) with the immigration court. From there, the case moves through one or more master calendar hearings, an individual (merits) hearing before an immigration judge, a written or oral decision, and — if that decision is unfavorable — a 30-day window to appeal to the Board of Immigration Appeals.

What Is a Notice to Appear?

The Notice to Appear (Form I-862), authorized under 8 U.S.C. § 1229a, is the document that opens a case. It lists the factual allegations DHS makes about a person's immigration history and the legal grounds it claims support removal. It also sets, or is supposed to set, the date and location of the first hearing — in practice, DHS leaves that field blank in a large share of filings, a defect the Supreme Court addressed in Pereira v. Sessions (2018). Getting an NTA does not mean the case is decided. It opens a proceeding a person can contest, and this is the point at which a removal defense attorney can file Form EOIR-28 and start reviewing what relief might apply, including asylum, cancellation of removal, or adjustment of status.

What Happens at a Master Calendar Hearing?

This is a short administrative hearing, often five to fifteen minutes, where the respondent or their attorney enters a plea to the government's allegations, identifies the relief being sought, and the judge sets deadlines for filing applications and evidence. Non-detained respondents in backlogged courts frequently sit through more than one master hearing before the case is set for trial. According to EOIR's FY2024 Statistics Yearbook, the national immigration court backlog passed 3.7 million pending cases that year, and TRAC Immigration at Syracuse University has tracked average non-detained wait times stretching past four years in courts like Chicago and New York.

What Is an Individual (Merits) Hearing?

This is the trial. The respondent testifies, submits documentary evidence, and may call witnesses; a DHS trial attorney cross-examines and can call its own evidence. For asylum and cancellation cases, that typically means country-conditions reports, declarations, medical or psychological evaluations, and corroborating witness testimony. EOIR provides a qualified interpreter at no charge for any hearing where one is needed — ask for this explicitly when the case is scheduled. The judge issues a decision the same day or in writing weeks later.

What Happens If I Miss a Hearing?

Under 8 U.S.C. § 1229a(b)(5), failing to appear without an exceptional circumstance results in an in absentia removal order. A motion to reopen can undo that order if filed within 180 days and exceptional circumstances are shown, or at any time if the NTA was never properly served — a common problem given how often address information in DHS files is outdated.

Appeals: BIA and Beyond

An adverse decision can be appealed to the Board of Immigration Appeals within 30 days. The BIA is an administrative body, so under 8 C.F.R. § 1292.1 any attorney licensed in a single U.S. state bar can appear there, regardless of which state. If the Board denies the appeal, the next step is a petition for review filed in the federal circuit court of appeals that covers the case — and that filing specifically requires the attorney to be admitted to that circuit's bar, a separate credential from BIA practice.

Cost and What to Bring

Fees vary by relief type and whether someone is detained. A straightforward asylum merits hearing commonly runs $3,500–$8,000 in flat attorney fees; cancellation of removal cases with extensive hardship evidence or multiple witnesses run higher. Bring identity documents, any prior immigration paperwork, and — for relief tied to hardship or danger — police reports, medical records, and signed declarations as early as possible, since evidence gathering takes months even on a non-detained timeline.

How long does immigration court take?

There is no fixed timeline. TRAC Immigration's backlog tracker and EOIR's own FY2024 yearbook both show a national pending caseload above 3.7 million, with non-detained cases in high-volume courts routinely taking three to five years from the Notice to Appear to a final decision. Detained dockets move far faster, often weeks to a few months.

Do I need a lawyer?

There is no right to appointed counsel in immigration court — it is a civil proceeding, not criminal, under 8 U.S.C. § 1229a(b)(4)(A). TRAC's published analyses have repeatedly found that represented respondents are ordered removed at a small fraction of the rate of those without counsel, largely because represented cases identify relief, meet filing deadlines, and build a complete evidentiary record.

What if I'm detained rather than released?

Detained cases run on compressed timelines and raise separate questions about bond eligibility, mandatory detention categories, and where ICE is holding someone, which our bond hearings page covers in more detail. Evidence has to be gathered faster, often by family members outside custody.

Can I appeal a removal order?

Yes. The first stop is the Board of Immigration Appeals within 30 days of the judge's decision — covered more fully on our BIA appeals page. A circuit court petition for review is possible after that, filed by an attorney admitted to the specific circuit with jurisdiction.

What happens after a final removal order?

Options narrow but don't disappear: a motion to reopen based on new evidence or changed country conditions, a stay of removal while that motion is pending, or in some cases a request for voluntary departure if it was preserved before the order became final. Each has its own short filing window, which is why timing matters more after a decision than before one.

Last updated November 2025. This page reflects EOIR and TRAC data published as of that date; backlog figures and average wait times change from year to year and court to court.

If a Notice to Appear has already been filed, the most useful thing to do before the first master calendar hearing is get Form EOIR-28 on file and pull the full record from the court, since that tells us exactly what DHS has alleged and what relief fits. Call our office with the NTA in hand — even a non-detained case with a hearing date years out benefits from starting the evidence file now, not the month before trial.