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Last reviewed: October 16, 202616 official sources

Removal (deportation) proceedings, immigration court

IN SHORT

The case begins when DHS serves the Notice to Appear (Form I-862) and files it with the court.
If you fail to attend or are late for a hearing, the judge may issue a removal order in your absence.
Notify the court of an address or telephone number change within 5 days using Form EOIR-33/IC.
Form EOIR-26 must arrive within 30 calendar days after the oral announcement of the decision or the mailing of the written decision.
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Removal proceedings are conducted in the immigration courts of the Executive Office for Immigration Review (EOIR), which is part of the U.S. Department of Justice. This page explains how a case begins, what happens at hearings, the appeal deadline, the consequences of missing a hearing, detention and bond, the case information hotline, and online inquiry tools. Removal proceedings can have serious consequences; consult an immigration attorney as early as possible.

How a case begins: Notice to Appear (Form I-862)

  • A case begins when the Department of Homeland Security (DHS) serves the person with a Notice to Appear (NTA) and files it with the court.
  • The NTA states:
    • the type and legal basis of the case;
    • the allegations against you and the statutory provisions allegedly violated;
    • your right to be represented by an attorney at no expense to the government;
    • the consequences of failing to attend hearings;
    • your obligation to provide your address and telephone number in writing immediately.
  • If the date, time, and location of the first hearing are not listed on the NTA, this information will arrive in a hearing notice that the court sends to your address on record.
  • DHS sometimes serves an NTA but files it with the court later. You can check whether a case has been filed against you through EOIR's case information system (below).
  • Before the first hearing, at least 10 days must pass after service of the NTA so that you can find an attorney. If you sign the "request for expedited hearing" section of the NTA, you waive this period.
Source [1, 2]

Hearings: step by step

  1. First hearing (master calendar hearing): This is a brief hearing. The judge will tell you about:
    • your right to be represented by an attorney at your own expense and the list of free legal services in the area;
    • your right to present evidence, object to DHS's evidence, and question its witnesses;
    • the allegations in the NTA in nontechnical language;
    • the consequences of failing to attend later hearings and your right to appeal.
  2. If you do not have an attorney: you may ask the judge to postpone the case so that you can find one. At the next hearing, you will be expected to explain what you did to find an attorney. The judge will tell you about forms of relief that appear applicable.
  3. State your defense: you admit or deny the allegations in the NTA. You state which form of relief you will seek, such as asylum or voluntary departure. The judge sets deadlines for filing applications and documents.
  4. Individual hearing: Evidence is presented and witnesses testify under oath. A person without an attorney may also bring witnesses, question DHS's witnesses, and object to evidence. If you have a criminal record, the relevant court documents are also submitted; see 12.5.
  5. Decision: The judge issues the decision orally at the hearing or in writing later.
  6. Appeal: An appeal is filed with the Board of Immigration Appeals (BIA) using Form EOIR-26. If no appeal is filed, the judge's decision becomes final.
Source [2, 3]

Right to an interpreter

  • The court provides an interpreter at government expense to a person whose English is not sufficient to fully understand the hearing. This includes Turkish interpreters.
  • Request an interpreter at least 30 days before the hearing at which one is needed. It is best to request one at the first hearing.
  • In the request, specify the language, any dialect, and any other languages you speak.
Source [4]

Appeal deadlines and fees (2026)

  • Form EOIR-26 must have reached the BIA within 30 calendar days after the judge's oral decision or the mailing of the written decision. The date it arrives at the BIA, not the mailing date, controls.
  • The BIA has no authority to extend this deadline. The deadline is the same for detained individuals.
  • If an extraordinary circumstance caused you to miss the deadline and you acted diligently, you may file a request to accept a late appeal together with the appeal.
  • EOIR fees:
    • appeal of a judge's decision (EOIR-26): $1,060;
    • motion to reopen or reconsider a case before the BIA: $1,060;
    • the same motion before the judge: $1,095 (in some cases $950);
    • appeal of a bond decision: free;
    • annual asylum fee: $105 (no waiver).
  • Since February 23, 2026, EOIR has not accepted checks or money orders. Fees are paid electronically only through the EOIR Payment Portal.
  • If you cannot afford the payment, you may request a fee waiver for certain fees using Form EOIR-26A.
Source [5, 6]

Failure to attend a hearing and address notification

  • Hearings begin exactly on time. If you are late or fail to appear, the judge may issue a removal order in your absence (in absentia).
  • A decision issued in your absence cannot be appealed. You may only request that the case be reopened (motion to reopen).
  • Providing your address to the court: If your address or telephone number changes, notify the court within 5 days using Form EOIR-33/IC. If you do not have an attorney, you can submit the form on paper or through the EOIR Respondent Access portal.
  • Providing your address only to USCIS does not count as notifying the court. Notifying the court does not replace notifying USCIS. Do both separately.
  • If you do not provide an updated address, the hearing notice will be sent to your old address and a decision may be issued in your absence.

Security screening and video connection: According to EOIR, a delay at the security screening at the courthouse entrance or in the video connection does not eliminate the obligation to be ready at the hearing time. Arrive early.

Source [7, 8, 9, 10]

Detention and bond

  • DHS (ICE) decides whether to detain someone. In some circumstances, an immigration judge may decide whether detention should continue or whether bond should be granted.
  • Cases involving detained individuals are handled on an expedited basis. The hearing takes place at the detention center or by video or telephone.
  • When DHS transfers or releases a detained person, it notifies the court. A person who is released must still submit EOIR-33/IC within 5 days.
  • You can locate a detained relative using the ICE Online Detainee Locator or by calling the ICE information hotline (+1 888 351 4024, Monday–Friday, 8:00 a.m.–8:00 p.m. U.S. Eastern Time).
Source [11, 12]

Case information hotline and online searches

  • Case information (ACIS): At acis.eoir.justice.gov, you can use your A-number to see whether your case is recorded, the date of your next hearing, and the court's address.
    • By telephone: +1 800 898 7180 or +1 304 625 2050; for people who are deaf or hard of hearing: +1 800 828 1120.
    • An A-number consists of the letter "A" and 8 or 9 digits. It appears on correspondence from DHS and EOIR.
  • Respondent Access: a portal where people without attorneys electronically submit documents such as address changes.
  • ICOR (Immigration Court Online Resource): EOIR's general information website about court proceedings, appeals, and forms of relief.
  • Finding a court: court and online hearing guide. To join telephone hearings, call +1 415 527 5035 and enter the judge's access code.
  • Whether the court is open: check the court operational status page by ZIP code.
  • Copy of your file (ROP): request a copy of the file.
Source [13, 14, 15]

Where to apply: addresses and telephone numbers

  • Board of Immigration Appeals (BIA) Clerk's Office — appeal filings
    • Address: Board of Immigration Appeals, Office of the Chief Clerk, 5107 Leesburg Pike, Suite 2000, Falls Church, VA 22041
    • Telephone: +1 703 605 1007
  • BIA Emergency Stay Line — requests for an emergency stay of removal
    • Telephone: +1 703 306 0093; Monday–Friday, 8:30 a.m.–5:00 p.m. U.S. Eastern Time, excluding federal holidays
  • EOIR Fraud and Abuse Prevention Program — complaints about fake attorneys and "notarios"
    • Telephone: +1 877 388 3840 · Email: EOIR.Fraud.Program@usdoj.gov
  • EOIR Attorney Discipline Program: +1 703 305 0470
  • ICE Detention and Reporting and Information Line (DRIL): +1 888 351 4024
Source [13, 16]

Common mistakes

  • Ignoring the NTA or hearing notice.
  • Failing to notify the court of an address change within 5 days using EOIR-33/IC.
  • Calculating the appeal deadline based on the mailing date. The date the appeal reaches the BIA controls.
  • Waiting until the last day to request an interpreter.
  • Going to the hearing at the last minute without allowing for possible delays.
  • Trying to send the appeal fee by check. EOIR accepts electronic payment only.
  • Believing people who call pretending to be EOIR employees and ask for personal information or money. According to EOIR, its employees never do this.

Frequently asked questions

  • How can I find out whether a case has been filed against me? Check ACIS using your A-number or call +1 800 898 7180.
  • Can I attend a hearing without an attorney? Yes. A person without an attorney may present evidence, bring witnesses, and question DHS's witnesses. However, you may also request a postponement to find an attorney.
  • Will the court provide me with an interpreter? Yes, at government expense. Request one at least 30 days before the hearing.
  • I missed my hearing; what will happen? The judge may issue a removal order in your absence. This decision cannot be appealed; you may only request that the case be reopened. Consult an attorney immediately.
  • How much time do I have to appeal? Thirty calendar days from the date of the decision. This period cannot be extended.
  • I moved; whom should I notify? Notify the court within 5 days using EOIR-33/IC, and separately notify USCIS within 10 days.
Go to the checklistCheck the NTA, prepare for hearings, report your address, and appeal on time if necessary.Open the list

Sources

  1. EOIR Policy Manual – Beginning of the case
  2. EOIR Policy Manual – First hearing
  3. EOIR Policy Manual – Individual hearing
  4. EOIR Policy Manual – Interpreters
  5. EOIR Policy Manual – Appeal deadline
  6. EOIR – Appeal and motion fees
  7. EOIR Policy Manual – Attendance at hearings
  8. EOIR Policy Manual – Decision in your absence
  9. EOIR Policy Manual – Address requirement
  10. USCIS – Recordkeeping and address rules
  11. EOIR Policy Manual – Detention and bond
  12. ICE – Contact information
  13. EOIR – Contact information
  14. EOIR – Finding a court
  15. USCIS – Form I-589 (A-number and EOIR check)
  16. EOIR – Fraud prevention program

Page history

  • The content was compiled from official sources and published.

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