Immigration Courts and Legal Process

Immigration courts are administrative courts within the U.S. Department of Justice that determine whether noncitizens can remain in the United States or must be removed[6][8]. When the Department of Homeland Security decides to pursue removal proceedings, it initiates the legal process by filing a Notice to Appear, which informs the immigrant of the charges against them and their legal rights[2][3]. Immigrants have the right to examine evidence against them, present their own evidence, and cross-examine government witnesses.

Understanding the Court Process

Cases typically progress through several stages. First, an immigration judge conducts a Master Calendar Hearing to address preliminary matters like scheduling, the validity of charges, and forms of relief such as asylum, withholding of removal, or protection under the Convention Against Torture[1][2][3][4]. If contested matters remain, the judge schedules an Individual Hearing (also called a merits hearing), where both sides present detailed evidence and testimony[1][2][3][5]. The judge then makes a decision based solely on the evidence presented.

Rights and Appeals

Though immigration court is a civil proceeding, immigrants have the right to retain legal counsel, though the government does not provide free attorneys[5]. If an immigration judge denies relief, immigrants can appeal to the Board of Immigration Appeals within 30 days by filing a Notice of Appeal[1].