Learn About the Immigration Court

Removal proceedings begin when the Department of Homeland Security files a Notice to Appear (Form I-862) with the immigration court after it is served on a alien. In removal proceedings, the immigration judge makes a determination on whether you are removable from the United States. This decision may be based on evidence submitted by you or the Department of Homeland Security. You may submit evidence relating to your removability to demonstrate that you are not removable.

If the immigration judge determines that you are removable, you will be given the option of accepting the order of removal or applying for relief from removal.

Once the immigration judge makes a final ruling on your removability and any application for relief, you or the Department of Homeland Security may appeal that decision to the BIA.

For more detailed information on removal proceedings, please see Chapter 4 of the Immigration Court Practice Manual.

Credible fear proceedings involve stowaways and aliens subject to expedited removal under INA § 235(b)(1). If you are a stowaway or are subject to expedited removal and you express a fear of persecution or torture to the Department of Homeland Security (DHS) when you are detained, you will be interviewed by a DHS asylum officer who will evaluate whether you possess a credible fear of persecution or torture.

"Credible fear of persecution" means that there is a significant possibility that you can establish eligibility for asylum under INA § 208 or withholding of removal ("restriction on removal") under INA § 241(b)(3). The reviewing official will take into account the credibility of your statements in support of the claim as well as other known facts.

"Credible fear of torture" means there is a significant possibility that you can establish eligibility for withholding of removal ("restriction on removal") or deferral of removal under the Convention Against Torture pursuant to 8 C.F.R. §§ 1208.16 or 1208.17.

If the asylum officer does not find that you have a credible fear of persecution or torture, you may request that an immigration judge review this finding.

If you are a stowaway and the immigration judge finds that you have a credible fear of persecution or torture, you will be placed in asylum-only proceedings before an immigration judge.

If you are subject to expedited removal under INA § 235(b)(1) and the immigration judge finds that you have a credible fear of persecution or torture, you will be placed in removal proceedings before an immigration judge.

If the immigration judge finds that you do not have a credible fear of persecution or torture, you will be removed from the United States.

There is no appeal available of the immigration judge's decision in credible fear proceedings.

For more detailed information on credible fear proceedings, please see Chapter 7.4(d) of the Immigration Court Practice Manual.

Reasonable fear proceedings involve aliens subject to expedited removal under INA § 238(b) and aliens subject to reinstatement of prior orders of removal under INA § 241(a)(5). If you are in expedited removal proceedings under either of these provisions and you express a fear of persecution or torture to the Department of Homeland Security immigration officer, you will be interviewed by an asylum officer who will evaluate whether you have a reasonable fear of persecution or torture.

"Reasonable fear of persecution" or torture means a reasonable possibility that you would be persecuted on account of your race, religion, nationality, membership in a particular social group, or political opinion, or a reasonable possibility that you would be tortured if returned to your country of removal.

If the asylum officer does not find that you have a reasonable fear of persecution or torture, you may request that an immigration judge review this finding.

If either the asylum officer or the immigration judge finds that you have a reasonable fear of persecution or torture, you will be placed in withholding-only proceedings before an immigration judge.

If the immigration judge finds that you do not have a reasonable fear of persecution or torture, you will be removed from the United States.

There is no appeal of the immigration judge's decision to the BIA in reasonable fear proceedings.

For more detailed information on reasonable fear proceedings, please see Chapter 7.4(e) of the Immigration Court Practice Manual.

Asylum-only proceedings are limited proceedings in which the immigration judge only considers applications for asylum, withholding of removal under INA § 241(b)(3), and protection under the Convention Against Torture.

Neither party may raise any other issues including issues of admissibility, deportability, eligibility for waivers, and eligibility for any other form of relief from removal.

Either party may appeal the immigration judge's decision in asylum-only proceedings to the BIA.

You may be placed in asylum-only proceedings if, for example, you are a stowaway who establishes a credible fear of persecution or torture, a D or S visa applicant, if you have overstayed your admission after being admitted to the United States under the visa waiver pilot program, or if you are subject to removal under INA § 235(c) on security grounds.

For more detailed information on asylum-only proceedings, please see Chapter 7.4(g) of the Immigration Court Practice Manual.

Withholding-only proceedings are limited proceedings in which the immigration judge only considers applications for withholding of removal under INA § 241(b)(3) and protection under the Convention Against Torture.

Neither party may raise any other issues including issues of admissibility, deportability, eligibility for waivers, and eligibility for any other form of relief from removal.

Either party may appeal the immigration judge's decision in withholding-only proceedings to the BIA.

You may be placed in withholding-only proceedings if you have established a reasonable fear of persecution or torture and you are subject to expedited removal under INA § 238(b) or you are subject to reinstatement of a prior order of removal under INA § 241(a)(5).

For more detailed information on withholding only-proceedings, please see Chapter 7.4(h) of the Immigration Court Practice Manual.

You may be detained by the Department of Homeland Security. In certain circumstances, immigration judges may have authority to reconsider DHS's initial custody determination. In this situation, the immigration judge may determine that you are eligible to be released from custody after paying a bond. The immigration judge will determine the appropriate amount of bond.

To request a bond hearing, you may submit a written request to the immigration judge. You may also orally request a bond hearing in court.

Bond hearings are held separately and apart from your main removal case. This means that any evidence you submit in bond proceedings will not be considered in your main case unless you also submit it for consideration.

Either party may appeal the immigration judge's decision in bond proceedings to the BIA.

For more detailed information on bond proceedings, please see Chapter 9.3 of the Immigration Court Practice Manual.

To receive notifications about your case (and to comply with agency requirements), you must inform EOIR of any changes to your contact information. You can provide any updates to your address or contact information using EOIR's Respondent Access.

Your first appearance before an immigration judge in removal proceedings will be at a master calendar hearing. At your first master calendar hearing, you will be advised of your rights in immigration proceedings. The immigration judge will also likely take pleadings on the Notice to Appear. Pleadings are when you answer whether the factual allegations are true or false and whether you agree or disagree with the charges of removability.

If you submit an application for relief from removal, the immigration judge will schedule your case for an individual calendar hearing.

For more detailed information on the master calendar hearing, please see Chapter 4.15 of the Immigration Court Practice Manual.

To receive notifications about your case (and to comply with agency requirements), you must inform EOIR of any changes to your contact information. You can provide any updates to your address or contact information using EOIR's Respondent Access.

Also known as merits hearings, individual calendar hearings are evidentiary hearings held on contested matters. An evidentiary hearing is a hearing in which you and DHS present evidence on your case. Contested matters are aspects of your case in which you and DHS disagree about the correct legal answer - for example, whether you are eligible for a certain form of relief. An individual calendar hearing allows the immigration judge to hear arguments from both you and DHS and review submitted evidence to determine the correct legal answer to the contested matter.

In preparation for your individual calendar hearing, you will need to collect and file relevant evidence. This includes evidence that supports your application for relief. As applicable to your case, it may include relevant medical records, police reports, affidavits of support, or other supporting documents. You may also testify and present witnesses to testify on your behalf.

For more detailed information on the individual calendar hearing, please see Chapter 4.16 of the Immigration Court Practice Manual.

You may be detained by the Department of Homeland Security. In certain circumstances, immigration judges may have authority to reconsider DHS's initial custody determination. In this situation, the immigration judge may determine that you are eligible to be released from custody after paying a bond. The immigration judge will determine the appropriate amount of bond.

To request a bond hearing, you may submit a written request to the immigration judge. You may also orally request a bond hearing in court.

Bond hearings are held separately and apart from your main removal case. This means that any evidence you submit in bond proceedings will not be considered in your main case unless you or DHS submit it for consideration.

Either party may appeal the immigration judge's decision in bond proceedings to the BIA.

For more detailed information on bond proceedings, please see Chapter 9.3 of the Immigration Court Practice Manual.

You have a number of rights in immigration proceedings. You will be advised of these rights at your first master calendar hearing. These rights include:

• The right to an attorney or other representative at no expense to the government
• The right to present evidence
• The right to examine and object to evidence and to cross-examine any witnesses presented by the Department of Homeland Security
• If you are ordered removed, you have the right to designate which country that you wish to be removed to, except as otherwise required by law. Note that the immigration judge will also designate an alternative country of removal if your designated country will not accept you.
• The right to appeal certain immigration judge decisions to the BIA

To receive notifications about your case (and to comply with agency requirements), you must inform EOIR of any changes to your contact information. You can provide any updates to your address or contact information using EOIR's Respondent Access.

For additional information on your rights, please see the Immigration Court Practice Manual.

A motion to reopen asks the immigration court to reopen proceedings after the immigration judge has rendered a decision, so that the immigration judge can consider new facts or evidence in the case.

A motion to reopen must state the new facts that will be proven at a reopened hearing if the motion is granted, and the motion must be supported by affidavits or other evidentiary material. The immigration judge will only grant a motion to reopen if the evidence offered is material and was not available and could not have been discovered or presented at an earlier stage in the proceedings.

A motion to reopen based on an application for relief will not be granted if it appears the alien's right to apply for that relief was fully explained and the alien had an opportunity to apply for that relief at an earlier stage in the proceedings (unless the relief is sought on the basis of circumstances that have arisen subsequent to that stage of the proceedings).

As a general rule, a motion to reopen must be filed within 90 days of an immigration judge's final order. However, some exceptions to the deadline may apply.

Please see Chapter 5.7 of the Immigration Court Practice Manual for additional information on Motions to Reopen.

A motion to reconsider either identifies an error in law or fact in the immigration judge's prior decision or identifies a change in law that affects an immigration judge's prior decision and asks the immigration judge to reexamine the ruling. A motion to reconsider is based on the existing record and does not seek to introduce new facts or evidence.

A motion to reconsider must state with particularity the errors of fact or law in the immigration judge's prior decision, with appropriate citation to authority and the record. If a motion to reconsider is premised upon changes in the law, the motion should identify the changes and, where appropriate, provide copies of that law.

A motion to reconsider must be filed within 30 days of the immigration judge's final administrative order.

Please see Chapter 5.8 of the Immigration Court Practice Manual for additional information on motions to reconsider.

A motion to reopen requesting that an in absentia order be rescinded asks the immigration judge to consider the reasons why the individual did not appear at the individual's scheduled hearing.

If the motion to reopen to rescind an in absentia order is based on an allegation that the failure to appear was because of exceptional circumstances, the motion must be filed within 180 days after the in absentia order.

If the motion to reopen to rescind an in absentia order is based on an allegation that the individual did not receive proper notice of the hearing, or that the individual was in federal or state custody and the failure to appear was through no fault of the individual, the motion may be filed at any time.

Please see Chapter 5.9 of the Immigration Court Practice Manual for additional information on motions to reopen an in absentia removal order.

If you are released from immigration detention or if you move, you may need to file a motion to change venue (the location of your immigration court hearings). Your motion to change venue must provide a detailed explanation of the reasons for the request and identify the immigration court to which you wish to change venue. For example, if you move from Denver, Colorado to Portland, Oregon, you may wish to change venue from the Denver Immigration Court to the Portland Immigration Court so you do not have to travel to Denver for your immigration court hearings.

You must also identify a fixed street address where you may be reached for further hearing notifications. If the address at which you are receiving mail has changed, you must also submit a properly completed Change of Address Form, EOIR-33/IC.

The filing of a motion to change venue does not excuse your appearance at any scheduled hearing. Therefore, until the motion is granted, you must appear at all hearings as originally scheduled.

Please see Chapter 5.10(c) of the Immigration Court Practice Manual for additional information on motions to change venue.

An immigration judge may issue an oral or written decision at the end of immigration court proceedings. A decision of an immigration judge is final unless a party timely appeals the decision to the BIA or the case is certified to the BIA. Please see Chapters 4.16(g) and (h) of the Immigration Court Practice Manual for additional information on decisions.

An immigration judge may issue an oral or written decision at the end of immigration court proceedings. In the decision, the immigration judge may state whether or not you have been found removable from the United States and whether you have been granted or denied relief from removal.

If you believe the immigration judge made a legal or factual error when deciding your case, you can ask the BIA to review the decision by appealing your case. The BIA is able to review certain decisions of the immigration judge, such as decisions made on removability and eligibility for relief and bond. The BIA is not able to review decisions made in credible or reasonable fear reviews or claimed status review proceedings.

To reserve your right to appeal a decision, you must inform the immigration judge of your desire to appeal and properly complete and file a Notice of Appeal, Form EOIR-26. The Form EOIR-26 must be received by the BIA no later than 30 calendar days after the immigration judge renders an oral decision or mails a written decision. The appeal must also be accompanied by the appropriate filing fee or a completed Fee Waiver Request, Form EOIR-26A. If you tell the immigration judge that you wish to waive (give up) your right to appeal or if you fail to file your Form EOIR-26 within 30 days, the immigration judge's decision will become final.

For detailed information on the requirements for filing an appeal, see the instructions on the EOIR-26 and the Board of Immigration Appeals Practice Manual.

Admissible / Admissibility:

Removable / Removability: