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What to Expect at an Immigration Court Hearing

Few experiences are more stressful than a notice to appear in immigration court. Knowing how the process is structured can replace some of that uncertainty with a clear picture of what actually happens. Here is a plain-English overview.

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Where immigration court fits

Immigration court is not the same as USCIS, and it is not criminal court. The courts are run by the Executive Office for Immigration Review (EOIR), part of the U.S. Department of Justice. An immigration judge decides the case; the government's side is represented by an attorney from U.S. Immigration and Customs Enforcement (ICE). This matters for Miami in particular: Miami-Dade County has the largest immigration court backlog of any U.S. county (about 143,817 pending cases as of February 2026, according to TRAC at Syracuse University).

How a case begins: the Notice to Appear

A case starts when the government files a Notice to Appear (NTA) with the court. The NTA lists the factual allegations about the person and the charges — the legal reasons the government says the person can be removed. The NTA or a later notice sets the date and place of the first hearing.

The master calendar hearing

The first appearance is usually a master calendar hearing — a short, preliminary hearing. The judge advises the person of their rights, takes "pleadings" (the person responds to the allegations and charges), and, if the person is seeking relief from removal, schedules the case for a longer hearing. It is a scheduling and organizing step, not the trial.

The individual (merits) hearing

The individual hearing, also called a merits hearing, is where the case is actually decided. The person can submit evidence, testify, and present witnesses; both sides make arguments; and the judge weighs it all. The judge may give an oral decision that day or a written decision later. If either side disagrees, they can generally appeal to the Board of Immigration Appeals (BIA), usually within 30 days.

Representation and interpreters

A person has the right to be represented by a lawyer — but at no expense to the government. In other words, you may hire an attorney, but one is generally not provided free of charge. Courts maintain lists of pro bono (free) legal-service providers. If a person does not understand English well enough to participate, an interpreter is provided.

Why appearing matters

Missing a hearing has serious consequences. If a person fails to appear after proper notice, the judge can hold the hearing without them and enter an in absentia order of removal. Undoing such an order is limited and time-sensitive — generally only through a motion to reopen (for example, within 180 days for certain "exceptional circumstances," or based on a lack of proper notice). If you ever can't locate your hearing information, EOIR's automated case-information line (1-800-898-7180) can help confirm it.

The bottom line

Immigration court has a predictable structure — a preliminary hearing, then a merits hearing, with appeal rights after. But the stakes are high, the system is backlogged, and outcomes depend heavily on the specific facts and the relief a person seeks. Because of that, understanding your own notice and getting case-specific guidance early is far better than walking in unprepared.

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This article is general legal information, not legal advice, and does not create an attorney-client relationship. Court procedures and case backlogs change, and how the law applies depends on the specific facts of each case. Consult a qualified immigration attorney about your situation. This website is attorney advertising.