Practice Area

Removal Defense

If the Department of Homeland Security has filed a Notice to Appear, your case is in immigration court. This page explains what the court will ask of you, what happens at each hearing, and the deadlines that decide whether your options stay open.

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Deadlines that end options

30 calendar days: To appeal an immigration judge decision to the Board of Immigration Appeals. Form EOIR-26 must be received, not just mailed.
30 days: To file a motion to reconsider a final order.
90 days: General deadline for a motion to reopen based on new facts.

Do not miss a hearing.If you fail to appear, the judge can order you removed in your absence. Reopening that order is possible in some circumstances, but it is far harder than attending.

Where it starts

A Notice to Appear puts your case in front of a judge.

Removal proceedings begin when the Department of Homeland Security files a Notice to Appear, Form I-862, with the immigration court after serving it on you. Receiving the document is not the same as the case being filed, and the date printed on it is not always the date you will actually be heard.

The judge decides one question first: whether you are removable. That means whether you fall under a ground of inadmissibility under INA section 212 or a ground of deportability under INA section 237. You are allowed to submit evidence on that question.

If the judge finds you removable, that is not automatically the end. At that point you are given the option of accepting an order of removal or applying for relief from removal. Which forms of relief you may be eligible for depends entirely on your history, your family, your entry, and your record, which is why a real review of your documents matters more than a general answer.

One practical thing decides a surprising number of cases: your address on file. Hearing notices go to the address EOIR has. If you move and do not update it, you may never learn about a hearing you are required to attend. Changes are filed on Form EOIR-33/IC, and EOIR explains the requirement in its immigration court guidance.

The two hearings

Most removal cases move through two very different rooms.

They are scheduled months apart and they ask completely different things of you. Preparing for one as if it were the other is a common and costly mistake.

Master Calendar Hearing

Your first appearance in front of the immigration judge.
The judge advises you of your rights in the proceedings.
The judge takes pleadings on the Notice to Appear: you answer whether each factual allegation is true or false, and whether you agree or disagree with the charges of removability.
You state what relief, if any, you intend to apply for.
You narrow the legal and factual issues, estimate how long the merits hearing will take, and ask for a date to file your applications.
You request an interpreter here if you need one.
Usually short. Several cases are often scheduled in the same session.

Individual Hearing

Also called the merits hearing. This is the evidentiary hearing.
It covers contested matters: the points where you and DHS disagree about the correct legal answer.
You and DHS both present evidence. You may testify. You may call witnesses to testify for you.
Depending on the case, evidence may include medical records, police reports, affidavits of support and other supporting documents.
The judge hears argument from both sides, reviews what was filed, and decides.
The work that wins or loses here is done in the months before it, not on the day.

What the law gives you

Your rights in immigration court.

The judge will state these at your first master calendar hearing. They are worth reading before you are standing there.

The right to an attorney or other representative, at no expense to the government. The court will not appoint or pay for one.
The right to present evidence.
The right to examine and object to evidence, and to cross-examine any witness DHS presents.
If you are ordered removed, the right to designate which country you wish to be removed to, except where the law requires otherwise. The judge will also designate an alternative country.
The right to appeal certain decisions of the immigration judge to the Board of Immigration Appeals.

After a decision

The deadlines are short, and most of them are not extendable.

Appeal to the BIA

Form EOIR-26 must be received by the Board no later than 30 calendar days after the judge issues an oral decision or mails a written one. It must include the filing fee or a completed fee waiver request, Form EOIR-26A. Telling the judge you waive appeal, or missing the 30 days, makes the decision final.

Motion to reconsider

Within 30 days of the final administrative order. It must identify an error of law or fact in the decision, or a change in the law, with citation to authority and the record. It argues from the existing record and does not introduce new evidence.

Motion to reopen

Generally within 90 days of the final order. It must state new facts and be supported by affidavits or other evidence, and it is granted only where that evidence is material and was not available and could not have been discovered or presented earlier. Some exceptions to the deadline exist.

Reopening an in absentia order

If you missed the hearing because of exceptional circumstances, within 180 days of the order. If you did not receive proper notice, or you were in federal or state custody through no fault of your own, the motion may be filed at any time.

Moving mid-case

A motion to change venue must explain the reasons, name the court you want, and give a fixed street address where you can be reached. Filing it does not excuse your appearance. Until it is granted, you attend every hearing as originally scheduled.

If you are detained

In certain circumstances an immigration judge can review the custody decision DHS made and set a bond. You can request a bond hearing in writing or orally in court.

Bond hearings are held separately from the main case. Evidence you file in the bond proceeding is not considered in your removal case unless it is also filed there. Either side may appeal a bond decision to the Board of Immigration Appeals.

How we work

One attorney, from the first hearing through the appeal.

You work directly with the attorney handling your case, not a rotating intake team. The caseload is deliberately limited so that the person who takes your case is the person who prepares it and stands up at the hearing.

Representation covers Master Calendar Hearings, Individual Hearings and motions practice. If a decision goes against you, appellate work before the Board of Immigration Appeals is handled here rather than referred elsewhere, so nobody has to learn your record twice.

Consultations are one-on-one with the attorney. Bring what you have, including anything you have received from the immigration court or USCIS, and you will get a straight read on where your case stands and what has to happen next. See what a consultation covers, or start from our immigration practice areas.

Common questions

Removal defense, answered plainly.

What happens if I miss my hearing?

The judge can order you removed in your absence. That order can sometimes be reopened. If you missed the hearing because of exceptional circumstances, a motion to reopen must be filed within 180 days. If you never received proper notice, or you were in federal or state custody through no fault of your own, there is no time limit on filing. Reopening is not automatic, so the safer course is always to appear.

Will the court appoint a lawyer for me?

No. You have the right to be represented by an attorney or other representative, but at no expense to the government. Immigration court is a civil proceeding, so there is no court-appointed counsel the way there is in criminal court. The court does provide a list of pro bono legal service providers in the area.

If the judge finds me removable, is it over?

Not necessarily. Once the judge determines you are removable, you are given the option of accepting the order of removal or applying for relief from removal. What relief you may be eligible for depends on the specific facts of your case, which is what a consultation is for.

How long will my case take?

It depends on the court handling your case and its current backlog, and no honest answer can be given without knowing which court you are in. You will get a realistic timeline at your consultation and updates as the case moves.

I moved. What do I need to do?

Update your address with EOIR immediately using Form EOIR-33/IC. Hearing notices are sent to the address on file. If your case should move to a different court, that is a separate motion to change venue, and filing it does not excuse you from attending hearings already scheduled.

Can I appeal a decision I disagree with?

Certain decisions can be appealed to the Board of Immigration Appeals, including decisions on removability, eligibility for relief and bond. You must tell the judge you wish to appeal, and Form EOIR-26 must reach the Board within 30 calendar days of the decision. Credible fear and reasonable fear determinations cannot be appealed to the Board.

General information on this page reflects published guidance from the U.S. Department of Justice, Executive Office for Immigration Review, at justice.gov/eoir, last updated 18 May 2026, and the Immigration Court Practice Manual. Immigration law and court practice change. This page is general information, not legal advice, and it does not create an attorney-client relationship.

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