VisaProAdviserVisaProAdviser

Visas, migration and life abroad

US immigration court

A removal case runs from the Notice to Appear through master calendar and individual hearings: how judges rule on asylum, BIA precedents, missed hearings.

24 articles tagged Immigration Court

Articles tagged “Immigration Court”

How immigration court works

US immigration courts belong to the Executive Office for Immigration Review (EOIR) at the Department of Justice, not to the federal judiciary. Their decisions can be appealed to the Board of Immigration Appeals (BIA), whose published precedents bind every immigration judge.

A case starts with a Notice to Appear, then a short master calendar hearing and later an individual hearing on the merits. ICE attorneys represent the government, and failing to appear usually results in an in absentia removal order.

A BIA decision can be taken further by a petition for review in the federal court of appeals for the relevant circuit. Judges can grant relief as well as order removal, including asylum, cancellation of removal and voluntary departure. The courts' backlog runs into the millions, so years can pass between the first hearing and a decision.