The Executive Office for Immigration Review (EOIR), commonly referred to as immigration court, is a subagency of the United States Department of Justice (DOJ) that conducts court proceedings for noncitizens. In this article, we’ll go over who needs to go to U.S. immigration court and the types of immigration court hearings that are commonly conducted by the EOIR.
Who must go to immigration court?
In most cases, individuals are summoned to immigration court if they are facing deportation (removal) proceedings. Individuals will know if they are facing deportation from the United States when they receive a Notice to Appear (NTA) from the U.S. Department of Homeland Security (DHS).
If you’re issued an NTA, it will tell you what your violation was in terms of U.S. immigration law and the date you’ll need to appear for your first immigration court hearing. If you receive an NTA and fail to appear for your initial hearing, you will be found deportable for “absentia,” or absence from court.
What are the main types of immigration court hearings?
There are two main types of immigration court hearings:
- Master Calendar Hearing—This is the initial court hearing that is scheduled by DHS and included on the NTA. During this hearing, the respondent will need to indicate whether they intend to apply for relief from deportation or not. If an individual is issued an NTA, it does not necessarily guarantee their deportation. They may choose to apply for family-based immigration benefits, asylum, or another type of relief to remain in the United States.
- Individual (“Merits”) Hearing—The individual or “merits” hearing is reserved for the immigration judge to evaluate the merit of an individual’s application for relief. It is typically the second court hearing scheduled after the master calendar hearing; however, there may be more than one merit hearing if necessary. When the judge concludes their review of the case, they will deliver their decision as to whether the respondent may stay in the United States or not.
For both types of hearings, it is strongly recommended to hire an immigration attorney to represent you. An immigration attorney can help you gather proper evidence, submit it to DHS, and navigate the court hearings. Plus, respondents have the option to appeal an immigration judge’s decision within 30 days. An immigration attorney can help you fight for your right to remain in the United States if you are eligible for relief.
Navigate to the full, comprehensive deportation (removal) proceedings guide to learn more about immigration court and to find information on how to consult with an experienced, knowledgeable immigration attorney.
