Understanding Immigration Court
Immigration courts are administrative courts within the Executive Office for Immigration Review (EOIR), a component of the Department of Justice. Unlike criminal or civil courts, immigration courts are not part of the judicial branch. Immigration judges are DOJ employees appointed by the Attorney General.
How Cases Begin
Removal proceedings begin when the Department of Homeland Security (through ICE, CBP, or USCIS) files a Notice to Appear (NTA) with an immigration court. The NTA is a charging document that alleges the respondent is removable from the United States and specifies the legal grounds.
Types of Hearings
Master Calendar Hearing: A short procedural hearing where the judge confirms identity, explains rights, takes pleadings to the charges in the NTA, and identifies potential forms of relief. Multiple cases are scheduled simultaneously.
Individual (Merits) Hearing: A full evidentiary hearing where the respondent presents their case for relief from removal. This includes testimony, documentary evidence, and legal argument.
Bond Hearing: A hearing to determine whether a detained individual should be released on bond and, if so, the bond amount.
Court Backlog
As of early 2026, the immigration court backlog exceeds 3.5 million pending cases. Average wait times from NTA filing to final hearing vary dramatically by court location, ranging from under one year to over five years. The backlog affects both detained and non-detained cases.
Appeals
Either party may appeal an immigration judge’s decision to the Board of Immigration Appeals (BIA) within 30 days. BIA decisions may be further appealed to the federal circuit courts of appeals through a petition for review.
Your Rights
- Right to representation (at your own expense — there is no right to appointed counsel in immigration proceedings)
- Right to examine evidence presented against you
- Right to present evidence and witnesses
- Right to an interpreter
- Right to appeal
Finding Legal Help
EOIR maintains a list of pro bono legal service providers organized by court location. Additionally, many nonprofit organizations provide free or low-cost immigration legal services.
Request a free case evaluation if you have a pending immigration court case.