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Inmigracion.lawPlain-language immigration guide

Immigration court basics

Immigration court is part of the Executive Office for Immigration Review (EOIR) in the Department of Justice. It is separate from USCIS.

The Notice to Appear

Cases usually start with a Notice to Appear (Form I-862), which states why the government believes a person can be removed.

Never miss a hearing

If you do not appear, the judge can order you removed in your absence (INA 240(b)(5), 8 U.S.C. 1229a(b)(5)). Keep your address current with the court and check your case on EOIR's official Automated Case Information system (acis.eoir.justice.gov).

You may have a lawyer, but not at government expense

You may be represented, but "at no expense to the Government" (8 U.S.C. 1229a(b)(4)(A)). EOIR publishes a List of Pro Bono Legal Service Providers.

Possible defenses

Depending on the facts, options may include asylum, cancellation of removal, adjustment of status or others. None is automatic.

Sources

  1. U.S. Department of Justice, EOIR, “Executive Office for Immigration Review” (accessed Oct. 26, 2026).
  2. U.S. Department of Justice, EOIR, “Automated Case Information” (accessed Oct. 26, 2026).
  3. U.S. Department of Justice, EOIR, “List of Pro Bono Legal Service Providers” (accessed Oct. 26, 2026).
  4. GovInfo (U.S. Government Publishing Office), “8 U.S.C. § 1229 (INA § 239, Notice to Appear), 2023 edition” (accessed Oct. 26, 2026).
  5. GovInfo (U.S. Government Publishing Office), “8 U.S.C. § 1229a (INA § 240, removal proceedings), 2023 edition” (accessed Oct. 26, 2026).
  6. USCIS, “Asylum”, last updated 08/26/2026 (accessed Oct. 26, 2026).