Immigration Court: What to Expect From Your Hearings

Q: What can the immigration court judge decide?

Specifically, the judge has three paths. The judge may grant the case and award the relief sought. The judge may deny it. Or the judge may grant a continuance , meaning a postponement to another date when something remains unresolved. Therefore, the decision turns on the testimony and the evidence presented. In addition, the judge may issue the decision orally at the end of the hearing, or in writing on a later date. Either way, both the person and the government may appeal.

Published September 28, 2026

Many people whose cases were referred to immigration court do not know what to expect. In fact, it is one of the questions we hear most. Below we explain, in plain language, how many hearings there are, what happens at each one, what the judge can decide, and how long you have to appeal.

In brief: your case in immigration court

Generally there are two hearings: a preliminary one, called the master calendar hearing, and a final one, called the individual calendar hearing.
At the master calendar hearing, the government's charges are read, the person states what relief they will seek, and deadlines are set. Normally no decision is issued that day.
At the individual hearing, the person testifies under oath. Their attorney, the government attorney and the judge all ask questions.
The judge may grant the case, deny it, or grant a continuance.
Important change: since February 6, 2026, the deadline to appeal to the Board of Immigration Appeals is 10 calendar days in most cases. Only in certain asylum cases does it remain 30 days.
Federal law guarantees you the privilege of being represented by counsel of your choosing, at no expense to the government, and the right to present evidence.
As of the end of August 2026, there were 3,092,988 active cases pending in the immigration courts, according to TRAC at Syracuse University.

What is a case in immigration court?

It is a proceeding in which the government alleges that a person should be removed from the country, and an immigration judge decides whether that applies or whether the person qualifies to stay. Above all, know this: you will have the opportunity to present the relief you seek before the judge.

That is, having a case in immigration court does not mean everything is already decided. Rather, it means a proceeding opens where you can ask to remain in the country lawfully.

How many hearings are there in immigration court?

Generally two. First a preliminary hearing, known as the master calendar hearing. Then, usually several months later, a final hearing, known as the individual calendar hearing. In addition, each one serves a different purpose, and it helps not to confuse them.

The master calendar hearing:

Purpose: read the charges, identify the relief sought and set deadlines.
Is there testimony? Generally no.
Is there a decision? The merits are not resolved.
Typical length: short.
Who asks questions: mainly the judge, on procedure.

The individual calendar hearing:

Purpose: hear testimony and resolve the case.
Is there testimony? Yes, under oath.
Is there a decision? Yes, the judge may decide.
Typical length: longer, it can take hours.
Who asks questions: your attorney, the government attorney and the judge.

Source: Executive Office for Immigration Review (EOIR) Policy Manual, U.S. Department of Justice, chapters 3.14 and 3.15. Verified September 28, 2026.

What happens at the master calendar hearing?

At the master calendar hearing, the government's allegations are read and the person responds to the charges in the notice to appear. In addition, the person states what relief they intend to seek, filing deadlines are set, and the final hearing is scheduled. Generally there is no decision that day.

The EOIR manual confirms this. Parties must be prepared to admit or deny the charges and the factual allegations, and to state what applications for relief the person intends to file. Likewise, the court sets deadlines for briefs, motions, witness lists and evidence.

Finally, this is when the judge advises you of your rights. Among them, the right to be represented and the right to appeal.

Note: no decision that day does not make this a minor formality. What is admitted or denied at the preliminary hearing shapes the rest of the case.

What happens at the individual hearing?

At the individual hearing, the person testifies under oath about their case. Their own attorney, the government attorney and the judge all ask questions. Evidence and witnesses are also presented. At the end, the judge weighs the testimony and the evidence and reaches a decision.

According to the EOIR manual, all witnesses, including the person seeking relief, must be sworn in before testifying. Moreover, the judge may ask questions at any point during the hearing. When needed, an interpreter is provided.

In short, this is the hearing that decides the case. It is where the person's story is put on the record.

What can the immigration court judge decide?

Specifically, the judge has three paths. The judge may grant the case and award the relief sought. The judge may deny it. Or the judge may grant a continuance, meaning a postponement to another date when something remains unresolved. Therefore, the decision turns on the testimony and the evidence presented.

In addition, the judge may issue the decision orally at the end of the hearing, or in writing on a later date. Either way, both the person and the government may appeal.

What rights do you have in immigration court?

First, federal law guarantees you several concrete rights. You have the privilege of being represented by counsel of your choosing, at no expense to the government. You have a reasonable opportunity to examine the evidence against you, to present your own evidence and to cross-examine the government's witnesses. Likewise, a complete record is kept of all testimony.

That appears in section 240(b)(4) of the Immigration and Nationality Act. In other words, these are not courtesies from the judge: they are rights written into the law.

Important: "at no expense to the government" means the government does not assign or pay for an attorney for you. By contrast, you can hire your own, and having representation usually makes an enormous difference.

How long can an immigration court case take?

In our firm's experience, an immigration court case usually takes between one and three years. However, the actual time varies a great deal depending on the court, the type of relief and the court's workload. The national backlog is enormous, and that affects scheduling.

3,092,988 active cases pending before the immigration courts. Source: TRAC, Syracuse University, end of August 2026.
Between 1 and 3 years is the approximate length of a proceeding, based on the firm's experience. Law Office of Jesus Reyes, PLLC, September 2026.

The first figure is official tracking data; the second is a practical estimate, not a guarantee. Verified September 28, 2026.

How long do you have to appeal if the judge denies the case?

This changed recently, and many people still do not know. Since February 6, 2026, the notice of appeal to the Board of Immigration Appeals must be filed within 10 calendar days of the judge's decision in most cases. Only in certain asylum cases does the deadline remain 30 calendar days.

Most cases: 10 calendar days. Legal basis: 8 CFR § 1003.38(b)(1).
Asylum applications adjudicated and not denied under INA 208(a)(2)(A), (B) or (C): 30 calendar days. Legal basis: 8 CFR § 1003.38(b)(2).

Source: 8 CFR § 1003.38, as amended by the Federal Register notice of February 6, 2026 (91 FR 5278). The deadline runs from the oral decision or the mailing or electronic notification of the written decision. If the final day falls on a Saturday, Sunday or legal holiday, it extends to the next business day. Verified September 28, 2026.

Careful: ten calendar days pass very quickly, and they include weekends. If the judge denies your case, that clock starts immediately. Do not wait to "think about it next week."

What happens if you miss a hearing?

The law allows the judge to order removal in absentia when the person fails to appear after receiving written notice and the government shows by clear evidence that removal applies. Now, such an order can be rescinded in certain exceptional circumstances or for lack of proper notice, but that is a separate proceeding.

Therefore, the practical rule is simple: always appear, and keep your address current with the court.

What do we recommend if you have a case in immigration court?

We recommend four concrete things. First, do not underestimate the master calendar hearing. Second, keep your address current with the court. Third, if the judge denies your case, act immediately because of the ten-day deadline. And fourth, seek representation early, not the week of the hearing.

At our firm, the review of your case happens in a consultation with attorney Jesús Reyes. Our consultations are not free. However, they allow us to analyze your file thoroughly and tell you honestly what legal alternatives exist in your situation. We also offer emergency consultations, which are scheduled sooner and cost more. You can schedule your consultation here.

You may also want to review our services for immigration court representation, cancellation of removal and appeals.

Frequently asked questions about immigration court

How many hearings will I have in immigration court?

Generally two: a master calendar hearing, where the charges are read and relief is identified, and an individual hearing, where you testify and the judge decides. In addition, several months usually pass between them.

Can I be deported at the first hearing?

Generally the master calendar hearing does not resolve the merits of the case. According to the EOIR manual, it is for pleadings, identifying relief and setting deadlines. Even so, what is admitted or denied that day affects the whole proceeding.

Do I have a right to an attorney in immigration court?

The law guarantees you the privilege of being represented by counsel of your choosing, but at no expense to the government. That is, the government does not assign one or pay for one. By contrast, you can hire your own.

How long do I have to appeal if the judge denies my case?

Since February 6, 2026, it is 10 calendar days in most cases. In certain asylum cases the deadline remains 30 calendar days. For that reason, it is wise to act immediately.

What happens if I miss a hearing?

The law allows the judge to order removal in absentia when the person fails to appear despite having received written notice. Still, there are ways to rescind that order in exceptional circumstances, but it is a separate proceeding.

Where can I verify this information?

Always in official sources. At the end of this article we link the EOIR manual, the text of the statute and the regulation published in the Federal Register, so you can confirm it yourself.

Conclusion on your case in immigration court

A proceeding in immigration court is frightening, especially when no one explains what comes next. Even so, it helps to remember the essentials: you will have the chance to present your case before a judge, you have rights written into the law, and avenues for review exist if the decision does not go your way.

What makes the difference is arriving prepared and not letting deadlines pass. It is important that you know your rights.

If you need help with an immigration case, especially a case before a court, contact us. We handle cases worldwide from our office in Miami, Florida. We are here to advise you and review your specific situation.

See also our frequently asked questions and the other updates on our blog.

Immigration Court: What to Expect in Your Case Step by Step