Immigration court is part of the Executive Office for Immigration Review (EOIR), a branch of the U.S. Department of Justice. If you or a family member must appear in immigration court, it is important to understand the basic process, the roles of each person present, and what to expect during the hearing. This guide does not provide legal advice but aims to help you prepare for the experience.

When and Why You May Be Called to Court

You may be required to attend immigration court if:

  • You are in removal (deportation) proceedings
  • You applied for certain forms of relief from removal (like asylum, cancellation of removal, or adjustment of status)
  • You received a Notice to Appear (NTA)

The court does not decide green card applications or visa approvals — it handles removal cases and defenses against removal.

Where and How Immigration Court Works

  • Immigration courts are located across the United States, often in large cities or detention facilities.
  • These are civil courts — not criminal.
  • There is no public defender system. If you cannot afford a lawyer, you must represent yourself unless you find free or low-cost legal help.

To find your court information or hearing date, use the EOIR case status tool:
https://acis.eoir.justice.gov/en/

Who Will Be in the Courtroom

  • The Immigration Judge (IJ): Oversees the case and makes the final decision.
  • You (the Respondent): The person in removal proceedings.
  • The Government Attorney: Represents the U.S. Department of Homeland Security (DHS).
  • Interpreter (if needed): Provided by the court if you do not speak English fluently.
  • Your Attorney (if you have one): Optional, but strongly recommended.

Family members may attend, but only the respondent and their lawyer can speak during the hearing.

What Happens During the Hearing

There are two main types of hearings:

1. Master Calendar Hearing

This is usually the first appearance. It is short and involves:

  • Confirming your name and address
  • Reviewing the charges against you
  • Stating whether you want time to find a lawyer
  • Receiving future hearing dates

You can ask the judge to reschedule if you need time to find legal help.

2. Individual Hearing

This is the longer, full hearing where you present your case. During this hearing:

  • You and your lawyer (if present) submit evidence and may testify
  • The judge asks questions about your situation and legal eligibility
  • The government attorney may cross-examine you
  • Witnesses may be allowed

The judge may decide your case at the end of the hearing or mail a written decision later.

Your Rights in Immigration Court

  • You have the right to an interpreter if you do not understand English. The court must provide one at no cost.
  • You have the right to a lawyer — but you must find and pay for one yourself, or use free legal aid if available.
  • You must be truthful. False statements can damage your case or lead to criminal charges.

Important Reminders

  • Always attend your court dates. Missing a hearing can result in a removal order being issued in your absence.
  • Bring all relevant documents. This may include your passport, immigration forms, notices you’ve received, and supporting evidence.
  • Dress respectfully. Court attire should be clean and conservative.
  • Be respectful to the judge and court staff. Speak clearly and remain calm.

Resources

This guide is informational only. It does not substitute for legal advice. If possible, consult an attorney before attending immigration court.

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