How to
I got a Notice to Appear. What happens at my first immigration court hearing?
Key points
- Who
- Anyone served with a Notice to Appear (Form I-862), the document that starts a removal case in immigration court.
- Must do
- Go to every hearing, and give the court any new address or phone number on Form EOIR-33 within 5 days.
- Lawyer
- You may bring a lawyer, but the government does not pay for one. The court gives you a list of free legal service providers.
- Watch out
- If you miss a hearing, the judge can order you removed in absentia, without you there. There is no appeal from that order.
A Notice to Appear starts a removal case against you in immigration court. Go to every hearing, and keep your address current with the court. The notice lists facts about you, called allegations, and the reasons the Department of Homeland Security (DHS) says you should be removed from the United States, called charges. At your first hearing, the judge explains your rights and will likely ask whether the allegations are true and whether you agree with the charges.
You have the right to a lawyer or an accredited representative, but not to one paid for by the government. The court gives you a list of free legal service providers, and if you don't have a lawyer yet, you can ask the judge for time to find one. Below: how to find your hearing date, what happens at the first hearing and at the later merits hearing, interpreters, online hearings, and the 30-day deadline to appeal.
At a glance
- Form
- I-862Notice to Appear, from DHS
- Hearing date
- 1-800-898-7180Or EOIR's Automated Case Information online
- New address
- 5 daysTo file Form EOIR-33/IC with the court
- Appeal
- 30 daysFor the Board to receive your Notice of Appeal
From the Notice to Appear to a decision
- Stage 1 · Notice
The Notice to Appear
DHS serves you the notice and files it with the immigration court. It lists the allegations and charges, and may give the date of your first hearing.
What the notice says - Stage 2 · Your duty
Your address on file
Give the immigration court any new address or phone number on Form EOIR-33/IC. Telling DHS does not count.
Within 5 days of a changeHow to update it - Stage 3 · Hearing
Master calendar hearing
Your first appearance: the judge explains your rights, takes pleadings on the notice, and sets deadlines and the next hearing.
What happens - Stage 4 · Hearing
Individual (merits) hearing
If you apply for relief from removal or contest the charges, you and DHS present evidence and witnesses, and the judge decides.
The merits hearing - Stage 5 · Appeal
Board of Immigration Appeals
You or DHS can appeal the judge's decision. The Board must receive the Notice of Appeal (Form EOIR-26) in time.
30 calendar daysHow to appeal - Stage 6 · The moment
Practise the first hearing
Confirm your details and ask for an interpreter or for time to find a lawyer, out loud, before the real hearing.
Rehearse the first hearing
What a Notice to Appear is
The Notice to Appear (Form I-862) is the document DHS gives the immigration court to explain why it says you should be removed from the United States. Removal proceedings begin when DHS files it with the court after serving it on you. It must tell you:
- What kind of proceedings these are, and the law under which they are held.
- The acts or conduct DHS says broke the law (the allegations), and the charges, with the provisions of law DHS says you violated.
- That you may be represented by a lawyer at no expense to the government.
- What happens if you fail to appear at a scheduled hearing.
- That you must immediately provide a written record of your address and telephone number.
The notice may also give the date, time and place of your first hearing. If it doesn't, the court mails you a separate Notice of Hearing. At least 10 days must pass between the day you are served and your first hearing, to give you a chance to find a lawyer, unless you signed the "Request for Prompt Hearing" on the notice to give up that wait.
How to find your hearing date and time
- Read your notice. The Notice to Appear or a Notice of Hearing gives the date, time and court. If the date, time or place changes, the court mails a new notice to the address it has on file.
- Check online. Enter your A-Number and nationality in EOIR's Automated Case Information system.
- Or call 1-800-898-7180. EOIR's automated case line. You can also call 304-625-2050, or TDD 800-828-1120.
- If anything is unclear, call the court. EOIR's Find an Immigration Court page lists every immigration court and how to reach it.
Keep your address current: Form EOIR-33
Within 5 days of any change of address or phone number, tell the immigration court in writing on Form EOIR-33/IC. This applies whether or not you have a lawyer. You can file it online through EOIR Respondent Access, or on paper, in person or by mail, following the form's instructions.
- Telling DHS about a move does not count as telling the court.
- An address written in an application, a motion or a letter, or given by phone, does not change your address with the court. Only the EOIR-33 form does.
- If more than one person in your family has a case, file a separate form for each person.
- If your case is before the Board of Immigration Appeals, use Form EOIR-33/BIA instead.
- If you are detained, DHS reports where you are held. After you are released, file an EOIR-33/IC within 5 days.
What happens at the first hearing (master calendar hearing)
Your first appearance before an immigration judge is a master calendar hearing. It is held for pleadings, scheduling and similar matters. As a rule, it goes like this:
- Opening
The hearing is recorded. The judge confirms your name, A-Number, address and phone number. If your address or phone has changed, you must submit Form EOIR-33/IC.
- Interpreter and oath
If you need one, an interpreter is provided. If necessary, the judge places you under oath.
- Your rights
The judge explains your right to a lawyer at no expense to the government, makes sure you have the list of free legal service providers, and explains your rights to present evidence, to examine and object to DHS's evidence and question its witnesses, and to appeal.
- The charges
The judge explains the allegations and charges in the Notice to Appear in plain, non-technical language.
- Pleadings
You are asked whether the allegations are true and whether you agree with the charges, and whether you want to name a country of removal if you are ordered removed. You also say which applications for relief from removal, if any, you plan to file.
- Next steps
The judge sets deadlines for applications and documents, schedules the next hearing, and warns you about the consequences of missing it.
The individual (merits) hearing
If you apply for relief from removal, the judge schedules an individual calendar hearing, also called a merits hearing. It is an evidentiary hearing on the matters you and DHS disagree about, such as whether you are removable or whether you qualify for relief. EOIR lists adjustment of status, asylum, withholding of removal, cancellation of removal and protection under the Convention Against Torture among the forms of relief or protection a judge may grant. Whether any of them fits your case is a question for a lawyer.
- File your applications, documents and any witness list by the deadlines the judge set, and keep copies of everything you file.
- For some applications, DHS gives you biometrics instructions. If you don't follow them by the judge's deadline, the application will not be considered unless you show good cause.
- Everyone who testifies, including you, is placed under oath. The judge may ask you and your witnesses questions at any time.
- Without a lawyer you have the same rights: to testify, present witnesses, question DHS's witnesses and object to its evidence. DHS can also question you and your witnesses.
- The judge may decide at the end of the hearing, out loud, or later in writing. After an oral decision, you get a signed summary order.
Interpreters at the immigration court
If your English is not good enough to fully understand and take part in the hearing, the court provides an interpreter at government expense. Court interpreters take an oath to interpret accurately.
- Ask as early as you can: at the master calendar hearing, or in writing no later than 30 days before the hearing where you need one.
- Name the language, the dialect if there is one, where that dialect is spoken, and any other languages you speak fluently.
- If a witness needs an interpreter, ask for one in the same way.
Hearings by video: Webex
An immigration judge can hold a hearing in person, by video or by telephone, and remote hearings follow the same rules as in-person ones. EOIR's Find an Immigration Court page lists each judge's Webex link for internet-based hearings, and the phone number and access codes for telephone hearings.
- If you don't have a lawyer or representative of record, your hearing is in person by default, whatever that page shows.
- When a hearing is held in a courtroom, EOIR says its Webex links are only for parties the court has approved to appear remotely. If you're not sure whether your hearing is in person or online, contact the court.
- A merits hearing can be held by telephone only if you agree, after being told of your right to have it in person or by video.
- Allow time for connection problems. You must be present when the hearing starts.
Your right to a lawyer, and where to find free help
You may be represented by a lawyer or an accredited representative of your choice, at no expense to the government. As in most civil cases, the government does not provide one. You can also represent yourself.
The court gives you EOIR's List of Pro Bono Legal Service Providers. It lists non-profit organizations, referral services and attorneys who have committed to at least 50 hours a year of free legal services at that immigration court. EOIR publishes it every quarter and does not endorse anyone on it.
An accredited representative is not a lawyer but is approved by EOIR to represent people in immigration court, and works for or volunteers with a recognized non-profit organization. Even with a lawyer or representative, you are still responsible for updating your address and going to every hearing.
If you miss a hearing
If you don't appear, the judge can hold the hearing without you and order you removed "in absentia". DHS must show that you are removable and that written notice of the hearing was given to you or your lawyer, and a notice sent to the most recent address you gave the court is enough.
There is no appeal from an in absentia removal order. The way to challenge it is a motion to reopen, filed with the immigration court:
- Within 180 days of the order, if you missed the hearing because of exceptional circumstances beyond your control, such as your own serious illness, or the serious illness or death of your spouse, child or parent.
- At any time, if you did not receive proper notice of the hearing, or you were in federal or state custody and missing it was not your fault.
- Only one such motion is allowed. File an EOIR-33/IC with it so the court has your current address. A filing fee, or a request to waive it, may be required.
- Your removal is automatically put on hold while the judge decides the motion.
Appealing to the Board of Immigration Appeals
You or DHS can appeal the immigration judge's decision to the Board of Immigration Appeals (BIA). Tell the judge you want to appeal, then file a Notice of Appeal, Form EOIR-26, with the Board. The Board must receive it no later than 30 calendar days after the judge gives an oral decision, or mails or electronically sends a written one.
- The Board counts the day it receives the appeal, not the day you mail it, and it cannot extend the deadline. If the last day falls on a weekend or legal holiday, the deadline moves to the next business day.
- The same 30 days apply if you are detained. Handing the appeal to facility staff to mail does not make it on time.
- Include the filing fee or a fee waiver request (Form EOIR-26A). EOIR lists the fee as $1,030; there is no fee for a bond appeal.
- If you tell the judge you waive (give up) your appeal, or you miss the deadline, the judge's decision becomes final.
- While your case is before the Board, report any new address to the Board on Form EOIR-33/BIA within 5 working days.
At the first hearing: what the judge may ask, and what you can say
“Do you have an attorney or representative?”
You can say: “No, Your Honor. I'd like time to find a lawyer.”
“Did you receive the list of free legal service providers?”
You can say: “No, I didn't. May I have a copy, please?”
“Is your address still the one on file with the court?”
You can say: “No. I moved on [date]. Here is my change of address form, EOIR-33.”
“Do you need an interpreter?”
You can say: “Yes, please. My language is [language], the [dialect] dialect.”
“Do you understand the charges I just explained?”
You can say: “No, not fully. Could you please explain them again?”
“Last time you asked for time to find a lawyer. What have you done since then?”
You can say: “I contacted [organization] on [date] and [organization] on [date]. I'm waiting for an answer.”
“Are you ready to answer the allegations today?”
You can ask: “I'd like to speak with a lawyer first, if the court will give me time.”
“Do you have any questions for the court?”
You can say: “Yes. What is the date of my next hearing, and what do I need to file before it?”
Keep your answers short and true. If you don't understand a question or the interpreter, say so. How to answer the allegations and charges, and whether to apply for any relief, are questions for a lawyer.
Checklist for your immigration court date
- Your Notice to Appear and any Notice of Hearing, with the date, time and court address.
- Your A-Number, to check the hearing online or at 1-800-898-7180.
- A copy of every Form EOIR-33/IC you filed, and the date you filed it.
- EOIR's list of free legal service providers for your court, with notes on whom you contacted and when.
- The language and dialect you need an interpreter for, for you and for any witness.
- Copies of everything you filed with the court or received from it.
- Any DHS biometrics instructions, and the deadline the judge set.
- For an online hearing: the court's approval to appear remotely, and your judge's Webex link.
- Extra time for security screening, or for connecting online.
Common questions
What is a Notice to Appear?
Form I-862, the document DHS files with the immigration court to start removal proceedings. It lists facts about you (allegations) and the reasons DHS says you should be removed (charges), and it may give the date of your first hearing.
How do I find out when my immigration court hearing is?
Check your Notice to Appear or Notice of Hearing, look up your case in EOIR's Automated Case Information system with your A-Number and nationality, or call 1-800-898-7180. The notices the court sends you are the official source.
What happens if I miss my immigration court hearing?
The judge can order you removed in absentia, without you there. There is no appeal from that order. It can only be challenged with a motion to reopen: within 180 days for exceptional circumstances, or at any time if you didn't receive proper notice or were in custody through no fault of your own.
Will the immigration court give me a free lawyer?
No. You can have a lawyer or accredited representative at no expense to the government, but the government does not provide one. The court gives you a list of pro bono legal service providers who may represent you for free.
Can I get an interpreter in immigration court?
Yes. If your English is not enough to fully understand and take part, the court provides an interpreter at government expense. Ask at the master calendar hearing, or in writing no later than 30 days before the hearing where you need one.
How long do I have to appeal an immigration judge's decision?
The Board of Immigration Appeals must receive your Notice of Appeal (Form EOIR-26) no later than 30 calendar days after the judge's oral decision, or after a written decision is mailed or sent electronically.
Official sources
- EOIR: The Notice to Appear justice.gov
- EOIR: Learn about the immigration court justice.gov
- Immigration Court Practice Manual 3.2: Commencement of removal proceedings justice.gov
- Immigration Court Practice Manual 3.6: Form of the proceedings justice.gov
- Immigration Court Practice Manual 3.7: Attendance justice.gov
- Immigration Court Practice Manual 3.10: Interpreters justice.gov
- Immigration Court Practice Manual 3.14: Master calendar hearing justice.gov
- Immigration Court Practice Manual 3.15: Individual calendar hearing justice.gov
- Immigration Court Practice Manual 3.16: In absentia hearing justice.gov
- Immigration Court Practice Manual 4.9: Motions to reopen in absentia orders justice.gov
- Immigration Court Practice Manual 5.2: Appeals process justice.gov
- EOIR Policy Manual, Part I, 5.1: Representation and address obligations justice.gov
- Board of Immigration Appeals Practice Manual 3.5: Appeal deadlines justice.gov
- EOIR: Check case status justice.gov
- EOIR: Automated Case Information acis.eoir.justice.gov
- EOIR: Update your address or contact information justice.gov
- EOIR Respondent Access: Change of address form (EOIR-33/IC) respondentaccess.eoir.justice.gov
- EOIR: Forms (EOIR-26, EOIR-33/IC, EOIR-33/BIA) justice.gov
- EOIR: Learn about legal representation justice.gov
- EOIR: List of pro bono legal service providers justice.gov
- EOIR: List of currently disciplined practitioners justice.gov
- EOIR: Find an immigration court and access internet-based hearings justice.gov
- EOIR fact sheet: Observing immigration court hearings (September 2026) justice.gov
- EOIR Policy Memorandum 26-06: Public access to EOIR hearings justice.gov
- EOIR: Appeal an immigration judge's decision justice.gov
- 8 C.F.R. § 1240.10: Hearing govinfo.gov
- 8 C.F.R. § 1003.15: Notice to Appear and change of address govinfo.gov
- 8 C.F.R. § 1003.26: In absentia hearings govinfo.gov
- 8 C.F.R. § 1003.38: Appeals govinfo.gov
Related
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.