How long does an immigration court case take?

It varies enormously. Detained cases are often heard within weeks or a few months. Non-detained cases can run from one to several years between the first hearing and a final decision, depending on the court.

Can my family attend the hearing?

Yes. Hearings are generally open to the public, though asylum hearings can be closed. Having U.S. citizen or resident relatives present can be relevant as evidence of ties.

What happens if the judge orders me removed?

You have 30 days to appeal to the Board of Immigration Appeals. While the appeal is pending, the order is not executed.

How immigration court works: hearings, deadlines and what to expect

Written by Hassan Benmouloud · Last reviewed: 2026-09-16

Who is in the room

Immigration court is part of the Executive Office for Immigration Review (EOIR), within the Department of Justice — not ICE, not USCIS. In the hearing you will find:

The immigration judge, who decides the case.
The government attorney (ICE/OPLA trial attorney), arguing for removal.
You (the respondent) and your attorney, if you have one.
An interpreter, free of charge, if you are not fluent in English. Always ask for one.

Many hearings, especially for detained people, are held by video (Webex).

The master calendar hearing

This first hearing is short — often five to fifteen minutes, with many scheduled the same morning. The judge:

Confirms your identity, address and language.
Asks whether you have a lawyer, and usually grants a continuance to find one.
Asks you to plead to the charges in the Notice to Appear: admit or deny each allegation.
Asks what relief you intend to seek and sets filing deadlines.
Schedules the next hearing.

This is not the moment to tell your whole story. It is procedural — but what you admit stays in the record, which is why having counsel first matters.

The individual (merits) hearing

This is the long hearing, sometimes several hours or several sessions, where the case is decided. You and your witnesses testify under oath, the government attorney cross-examines, and documents are entered. The judge may rule orally that day or issue a written decision later.

Applications and evidence must be filed by the deadline the judge set — typically 30 days or more before the hearing. Late filings can be rejected.

Your rights

Counsel at your own expense, or free if you can find it.
A free interpreter.
To review the government's evidence and present your own.
To cross-examine government witnesses.
To appeal.

You do not have the right to a jury or to appointed counsel, unlike in a criminal trial.

If you do not appear

The judge can enter an in absentia removal order. Reopening requires showing lack of notice, exceptional circumstances (serious illness, death of an immediate relative) or being in custody. Deadlines are short: 180 days for exceptional circumstances.

After the decision

If relief is granted, you receive the corresponding status. The government may appeal.
If relief is denied and removal ordered, you have 30 days to appeal to the BIA. The appeal stays the order. A negative BIA decision can go to a federal court of appeals.
If you accept voluntary departure, you must leave within the period set (up to 60 or 120 days) at your own expense; if you do not, it converts automatically into a removal order with a civil penalty.

How much counsel matters

A study by Ingrid Eagly and Steven Shafer, published by the American Immigration Council and covering more than a million cases, found represented respondents were substantially more likely to obtain relief, with the largest gap among detained people. Representation guarantees nothing, but facing a government attorney, it is the variable that matters most and that you can control.

Frequently asked questions

How long does a case take? Detained cases in weeks or months; non-detained cases often one to several years.

Can my family attend? Generally yes, except closed asylum hearings.

What if I am ordered removed? 30 days to appeal to the BIA; the order is not executed while the appeal is pending.

Talk to a lawyer