If you have a date in immigration court
Immigration court is where the federal government asks a judge to order someone removed from the United States. The court is part of the Executive Office for Immigration Review, which is why you will see EOIR on your paperwork. It is separate from USCIS, which handles applications like green cards and citizenship.
Your case begins when a Notice to Appear (NTA) is filed with the court. From then on, you have a case number (your A-number) and a schedule you must follow. The judge decides, a DHS attorney argues for removal, and you, with your lawyer, present your defense.
You may have one hearing or many. Each one has a purpose, and knowing which one is next takes away a lot of the fear.
Which immigration court will hear your case
Immigration law is federal, so the rules are the same everywhere, but the hearing location depends on where you live and where DHS filed the NTA. Clients in Northern Virginia are commonly scheduled at the Arlington or Annandale immigration courts. Clients in Maryland often appear in Baltimore. Many hearings, especially master calendar hearings, are now held by video.
If you moved after your case started, your hearing may still be set in another state. A motion to change venue can ask the court to transfer the case closer to you, but it has to be filed properly and the judge has to approve it.
The hearings, one by one
There are two main kinds of hearings in a removal case. Here is what to expect at each.
- Master calendar hearing: a short scheduling hearing, often with many people on the same morning. The judge confirms your name and address, explains your rights, asks whether you admit or deny the charges in the NTA, and asks what relief you plan to request. You may be given a deadline to file your applications and a date for your next hearing.
- Individual (merits) hearing: your full trial. It is usually just your case for several hours. You testify under oath, your witnesses testify, your evidence is reviewed, and the DHS attorney cross-examines. At the end, the judge may decide on the spot or send a written decision later.
- Bond hearing: a separate hearing for people in detention who ask the judge to set a bond. See our Bond Hearings page.
- Status or motion hearings: shorter hearings the judge may set to resolve a specific issue, such as a request to terminate the case or a change of venue.
What an immigration court lawyer at USG Law Group does at each stage
Before your first hearing we review the NTA for errors, check the court's online system for your dates, and make sure your address is current with the court (Form EOIR-33). We file a notice of appearance so the court and DHS send us copies of everything.
At the master calendar hearing we speak for you. We respond to the charges, tell the judge what relief you will seek, and ask for the time we need to prepare. You will know in advance exactly what will happen and how long it should take.
Between hearings we build your case: applications such as Form I-589 for asylum or Form EOIR-42B for cancellation of removal, supporting documents, country conditions evidence, expert letters, and witness declarations. We also help you apply for a work permit (Form I-765) when your pending application allows it.
Before your individual hearing we meet to practice your testimony, in English or Spanish, so you know what the questions will sound like. At the hearing we present your case, question witnesses and make the legal arguments. Afterward, we explain the decision and your options, including an appeal to the BIA if needed.
Missed hearings, address changes and other common problems
The most damaging mistake in immigration court is not showing up. If you miss a hearing, the judge can order you removed in your absence, called an in absentia order. Sometimes this happens because a notice went to an old address. If that happened to you, a motion to reopen may be possible, and the sooner you act the better.
Other common problems include filing applications after the deadline, incomplete translations, and inconsistencies between what you told an officer at the border and what you say in court. Criminal arrests, even old ones, must be disclosed and addressed.
None of these problems should be handled alone. If any of them sound familiar, bring your paperwork to the free consultation and we will tell you honestly where your case stands.
Why clients choose USG Law Group for immigration court
Attorney Sandra Leiva represents our clients before the immigration court (EOIR), including removal defense, detained cases and bond hearings. Attorney Marianela Uribe, our founder, is licensed in Maryland and Virginia and serves clients in Washington DC. She came to this country as an immigrant herself.
Clients tell us we explain everything in detail and that our office moves quickly. We offer evening, weekend and virtual appointments, payment plans. Everything can be done in English or Spanish.
Related pages: Deportation Defense, Bond Hearings, Cancellation of Removal, Asylum, and Appeals and Motions to Reopen.
