Navigating the immigration court process can feel overwhelming. Whether you’re seeking asylum, defending yourself against deportation, or contesting a visa denial, understanding how the system works is crucial. This step-by-step guide breaks down the immigration court (corte de inmigración) process to help you better prepare and know what to expect.
What is an Immigration Court?
Immigration courts fall under the Department of Justice’s Executive Office for Immigration Review (EOIR) and handle cases involving immigration law violations. Unlike criminal courts, these proceedings are not about determining guilt but resolving disputes regarding immigration status.
For context, in 2023, there were approximately 1.94 million pending immigration court cases in the U.S. This backlog has created significant delays, with some cases taking years to resolve. Knowing how the process works is vital to ensure you’re well-prepared for any required steps.
Step 1: Notice to Appear (NTA)
The process often begins when an individual receives a Notice to Appear (NTA). The NTA is a formal document that outlines:
• The charges against the individual,
• Alleged immigration violations, and
• The date, time, and location of the first hearing.
The NTA is your official notification to appear in immigration court, and failure to attend could result in an immediate order of removal in absentia, meaning you can be deported without further proceedings.
According to EOIR data, approximately 13% of cases are decided in absentia when individuals fail to appear for their hearings.
Step 2: The Master Calendar Hearing
The first court appearance is called the Master Calendar Hearing. This is essentially a preliminary hearing where:
• The judge confirms your identity,
• Reviews the charges against you, and
• Sets the timeline for filing necessary paperwork.
You won’t need to present evidence or detailed arguments at this stage. However, this hearing is critical in shaping the direction of your case. It’s strongly recommended that respondents (individuals in immigration court) attend with an attorney. Statistics indicate that respondents with legal representation are five times more likely to succeed in their case compared to those without.
Step 3: Filing Your Application or Evidence
Depending on the circumstances of your case, you’ll need to file certain applications or provide evidence. Common filings include:
• Applications for asylum,
• Requests for cancellation of removal,
• Adjustment of status petitions (e.g., obtaining a green card).
Each filing must be precise and accompanied by supporting documentation. Missing deadlines could significantly harm your case. Over 75% of immigration cases are decided based on documentation, so accuracy and thoroughness are key.
Step 4: The Individual Hearing
The Individual Hearing is where the heart of the case is presented. During this hearing:
• Both sides (the individual and the government’s attorney) present their arguments,
• Witnesses may be called to testify, and
• The respondent’s written applications and evidence are reviewed.
This hearing operates much like a traditional courtroom trial, except there’s no jury. Instead, a judge makes the sole decision. Judges consider multiple factors, such as the credibility of your testimony and documentary evidence. Due to the high stakes, this phase is often the most nerve-wracking and requires comprehensive preparation.
Step 5: Judge’s Decision
Once the case is presented, the immigration judge issues a ruling. The outcomes can vary:
• Grant of Relief – If the judge approves your application (e.g., for asylum or a green card), you may remain in the U.S. legally.
• Order of Removal – If relief is denied, you may be ordered to leave the U.S.
On average, about 37% of cases result in relief being granted, whereas the remainder often leads to orders of removal or other outcomes. Judges may deliver their decision either verbally after the hearing or in written form at a later date.
Step 6: Appeals Process
If the judge’s decision is unfavorable, it’s not necessarily the end. You have the right to appeal the decision to the Board of Immigration Appeals (BIA). The appeal must generally be filed within 30 days of the judge’s decision. The BIA reviews the case and has the authority to uphold, overturn, or remand the decision to the lower court.
Interestingly, 12% of appealed cases result in reversals or favorable modifications to the original ruling. While not common, these statistics highlight the importance of pursuing appeals as a viable option for certain cases.
Common Challenges in Immigration Court
Navigating the immigration court system is not without challenges. The sheer scale of the backlog, limited availability of legal counsel, and language barriers all contribute to a daunting process for many people. For instance, in 2023, 49% of individuals in removal proceedings had no legal representation—a major disadvantage in a complex legal system.
Additionally, bureaucratic hurdles like delays in documentation processing or inadequate access to interpreters can further complicate the process.
Why Legal Representation Matters
Having an experienced immigration attorney by your side can significantly improve your chances of success. Attorneys can help:
• File complete and evidence-backed applications,
• Identify additional forms of legal relief, and
• Advocate on your behalf during hearings.
Data shows that represented respondents are 11 times more likely to win asylum when compared to those who represent themselves.
What’s Next?
The immigration court process may be complex, but understanding each step gives you the tools to approach it confidently. Your best interest lies in being proactive by seeking expert legal guidance, staying organized, and adhering to court deadlines.
While the path to resolving your immigration case can feel long and stressful, remember that thorough preparation, reliable legal support, and a clear understanding of the process are critical to achieving a favorable outcome.