immigration court process step by step
Removal proceedings move through five stages: DHS files a Notice to Appear, the respondent attends a master calendar hearing to enter pleadings and set deadlines, the defense files applications and evidence (such as an I-589 asylum claim or cancellation of removal request), an individual merits hearing produces the judge's decision, and a losing party can appeal to the Board of Immigration Appeals. Non-detained cases can take years to reach a final hearing; detained cases move in weeks.
The Case Opens With a Notice to Appear
A removal case formally begins when DHS files a Notice to Appear (Form I-862) with the immigration court, charging a person as removable under a specific section of the INA and listing the factual allegations against them. Under INA § 240 and the Supreme Court's 2018 decision in Pereira v. Sessions, the NTA must include the date and time of the first hearing — omitting that information can be grounds to challenge the notice and, in some cases, stop the clock that runs toward eligibility for cancellation of removal. DHS, not the immigration court, is the opposing party throughout the case, represented by its own trial attorney.
Why the Wording of the NTA Matters
A mislabeled charge, wrong alien registration number, or missing hearing date isn't just a clerical slip — it's often the first motion worth filing.
The Master Calendar Hearing: The First Appearance
This is a short administrative hearing, usually 10 to 20 minutes, where the respondent appears before an immigration judge, confirms their mailing address, and enters pleadings admitting or denying the NTA's allegations. An attorney files Form EOIR-28 at or before this hearing to appear formally on the record. The judge identifies what relief, if any, will be pursued — asylum, cancellation of removal, adjustment of status — and sets the filing schedule and the individual hearing date.
Non-detained respondents often wait a long time for that next date. EOIR's Pending Cases report for June 2024 put the nationwide backlog above 3.7 million cases, and TRAC Immigration's April 2024 backlog analysis found a median wait of roughly 4.3 years between the master calendar hearing and the individual hearing for non-detained respondents. Detained dockets move in weeks rather than years because federal regulations prioritize custody cases for scheduling.
Filing the Defense: Applications, Evidence, Briefs
The period between the master calendar hearing and the merits hearing is where the case gets built. This is when an I-589 asylum application gets filed, when a cancellation of removal case (Form EOIR-42A or 42B) comes together with tax records, school letters, and hardship evidence, and when motions — to terminate, to change venue, to suppress — get briefed. The judge sets a filing deadline under 8 C.F.R. § 1240.11, commonly 30 to 90 days before the merits hearing. Missing it can mean the judge excludes the late evidence at trial.
The Individual Hearing: Where the Judge Decides
The individual, or merits, hearing is the trial. The respondent testifies, DHS's attorney cross-examines, witnesses may be called, and the judge rules — sometimes from the bench that day, sometimes in a written decision weeks later. Hearings run anywhere from two hours to a full day depending on the relief sought and the size of the record. A grant ends the case there. A denial starts a new, short clock.
If the Judge Denies Relief: Appealing to the BIA
A Notice of Appeal (Form EOIR-26) is due at the Board of Immigration Appeals within 30 days of the judge's decision, with no extension available. Because the BIA is an administrative body rather than a federal court, any attorney licensed in good standing in any US state can represent a client before it nationwide under 8 C.F.R. § 1292.1 — there's no separate circuit admission required at this stage. EOIR's FY2023 Statistics Yearbook, published March 2024, reported a median BIA processing time of about 329 days. If the Board affirms the removal order, the next option is a petition for review filed with the federal circuit court covering the state where the case was heard, and that filing does require the attorney to be admitted to that specific circuit's bar. Our firm is actively working to expand its federal appellate admissions and partners with circuit-admitted co-counsel on petitions for review when a case reaches that stage.
Frequently Asked Questions
How much does removal defense representation cost?
Fees depend on the relief sought and on detention status — an asylum case headed to a full individual hearing costs more than a motion to terminate. Ask for a written fee agreement up front, and confirm which USCIS filing fees, if any, are billed separately from attorney fees.
What happens if I miss an immigration court hearing?
Missing a hearing without a timely motion to reopen almost always results in an in absentia removal order under INA § 240(b)(5). The judge can order removal without the person present, and undoing that order later means proving the notice was defective or that exceptional circumstances caused the absence.
How long does a BIA appeal take?
EOIR's FY2023 Statistics Yearbook reported a median BIA processing time of about 329 days, though fully briefed, contested appeals can run longer. Detained appeals typically move faster because EOIR prioritizes custody cases on its docket.
Can I change the venue of my immigration court case?
Yes. A motion to change venue under 8 C.F.R. § 1003.20 asks the court to move the case to the jurisdiction matching the respondent's current address — relevant after a move or release from detention. The judge decides based on where the person actually lives, not where DHS would prefer to litigate.
What is cancellation of removal and who qualifies?
Cancellation of removal lets certain long-term residents avoid removal if they meet specific requirements, including ten years of continuous physical presence, good moral character, and proof that removal would cause exceptional hardship to a qualifying US citizen or lawful permanent resident relative. It's filed as Form EOIR-42B before the individual hearing.
Do I need a lawyer at the master calendar hearing?
It's the best time to have one. The pleadings entered at this hearing — admitting or denying specific NTA allegations — are hard to walk back later, and the deadlines set that day govern everything that follows.
What happens if DHS opposes my asylum application?
DHS's trial attorney can cross-examine, submit country-conditions evidence, and argue for denial at the individual hearing. Opposition is routine rather than a sign the case is weak; the judge weighs both sides' evidence independently.
Can someone get released from detention before their hearing?
A bond hearing is a separate proceeding before the same immigration court, deciding custody independent of the removal case's merits. Eligibility turns on the charge, criminal history, and flight-risk factors, and filing early shortens time in custody.
Author
This page was reviewed by Daniela Reyes, an attorney licensed by the North Carolina State Bar since 2014 who has represented clients at master calendar and individual hearings on both detained and non-detained dockets. Last updated October 2025.
If a Notice to Appear has already been filed in your case, the filing deadline set at your master calendar hearing is the one that matters most right now. Bring the NTA and any prior court notices to a consultation so we can calendar every deadline, start the I-589 or cancellation of removal filing if you qualify, and prepare the record before the individual hearing date is set.