Immigration Court Process, Including Appeals and Deportation Orders

Immigration Court Process, Including Appeals and Deportation Orders
Immigration Court Process, Including Appeals and Deportation Orders
Written by ASAP’s
expert immigration lawyers
· Updated
April 23, 2026
This page provides information about the process of seeking asylum in immigration court. Since 2025, t
he situation for asylum seekers in immigration court has been rapidly changing and becoming more difficult. The government is ending some cases in immigration court before the asylum seeker receives a full hearing.
Even if an asylum seeker receives a full hearing, it has become more difficult to win asylum.
To learn about what is happening at your specific immigration court, you can try to
find a lawyer in your area
If you are not sure if you have a case in immigration court,
read here
Preparing for your first hearing
When is my hearing in immigration court?
What happens at my first hearing (also called a “master calendar hearing”)?
How can I prepare for the possibility of detention?
Is it possible to request a virtual (online) hearing?
What happens if I do not attend my immigration court hearing?
Applying for asylum in immigration court
What are the standard steps to apply for asylum in immigration court?
What is the status of my immigration court case?
Why are some immigration court cases in 2025 and 2026 ending without a full asylum hearing?
If the government tries to end my case in immigration court without a full hearing, is there anything I can do to ask for a full hearing?
If I am able to have a full "individual" hearing to present my asylum case, what happens at that hearing?
Different immigration court outcomes and possible steps
The judge denied or ended my asylum case, and I want to appeal the decision.
The Board of Immigration Appeals (BIA) denied my appeal.
I am worried about being deported to a country that is not my country of origin.
The judge granted asylum.
I received a deportation order because I missed an immigration court hearing.
My case was administratively closed.
My case was dismissed between 2022-2024.
I received Lawful Permanent Residence (a green card) with USCIS through another immigration option.
Other information
Who is my judge?
Can the location of my immigration court change?
How do I contact my immigration court?
How can I request my immigration court case documents?
I saw a flyer in immigration court saying that I should “self-deport.” What does that mean?
What is this document that I received from the government?
See other questions.
Find legal help.
When is my hearing in immigration court?
To learn the date and time of your next hearing, you can check the immigration court system. You can either call the court’s automated hotline at
1-800-898-7180
or check online at
acis.eoir.justice.gov
. You will need to enter your
A Number
. See
this flyer
about how to call the hotline. Sometimes the website and the hotline provide different categories of information, so it can help to check both.
You may have received a
Notice to Appear
or a
hearing notice
with a date and time for your hearing. Immigration courts often reschedule hearings so it can help to check the immigration court system regularly. If your Notice to Appear includes a hearing date but your hearing is not listed in the immigration court system, you can
call your immigration court
to check if you have a hearing or not.
The system should tell you whether your hearing will be in person at an immigration court, or “
internet-based
,” which means that you can join online.
The system should also tell you if your hearing is a “master calendar hearing” or an “individual hearing.” A master calendar hearing is supposed to be a short preliminary hearing to get basic information about you and your case. An individual hearing is supposed to be a longer hearing with an opportunity to present the details of your asylum case to an immigration judge. Learn about what to expect at a
master calendar hearing
, or an
individual hearing
Learn more about
common messages
on the immigration court hotline or website and what they mean.
What happens at the first hearing (also called a “master calendar hearing”)?
The first hearing in immigration court is called a “master calendar” hearing. Depending on your case, you may have just one master calendar hearing, or you may have multiple master calendar hearings.
In 2025, there were widespread reports of arrests at immigration courts. As of Spring 2026, arrests at immigration courts have become less common. However, this could change again in the future. To learn about what is happening at your specific immigration court, you can try to
find a lawyer or an organization
for immigrants in your area.
If you do not go to your hearing, the judge will likely give you a deportation order.
The hearing could be in person or online
Some hearings are held in person, while others are online. You can check the immigration court system by either calling 1-800-898-7180 or going to this
immigration court website
. The system should tell you whether your hearing will be in person at an immigration court, or “
internet-based
,” which means that you can join online.
If your hearing is internet-based,
learn how to prepare and join the hearing here
. You can also request to change your in-person hearing to an internet-based hearing, but it may not be granted.
Learn how here
If your hearing is in-person, plan to arrive at the immigration court at least 1 hour early. Once you arrive at the immigration court, you will go through a security line. Then you can find your courtroom and wait for your hearing. There could be a lot of people and you may have to wait for a while. This is because the judge usually has multiple master calendar hearings scheduled at the same time.
What to bring to your immigration court hearing
Your
Notice to Appear
or
hearing notice
Pen and paper to take notes with.
Receipt notices if you already applied for immigration status with USCIS.
If you are planning to submit an asylum application, bring the original and 2 copies of the completed application.
Find more instructions
Wear comfortable clothes, and bring a sweater or jacket in case it gets cold or you are detained. Learn more about
how to prepare for the possibility of detention
Who can come with you to immigration court
You are supposed to bring your children to your first hearing if your children are included in your case. You can check your Notice to Appear or hearing notice to see if your children’s names are listed below yours.
If you have a lawyer, you can ask your lawyer to go with you.
You can also consider asking a friend or family member who is a U.S. citizen to go with you to your hearing to support you, so they can tell others if you are detained. They may want to bring proof of their U.S. citizenship. It could also be helpful if they speak English.
Who will be at the master calendar hearing
At the hearing, you will see an immigration judge who will ask you some questions. There may also be other court staff, such as the immigration judge’s clerk. Usually, there is also a government lawyer who will be arguing against you.
If English is not your best language, the immigration court should provide an interpreter. If there is no interpreter, you can tell the judge that you need an interpreter. You have the right to ask for an interpreter in the language or dialect you feel most comfortable speaking, even if you speak some English.
Other immigrants who have master calendar hearings at the same time may also be in the courtroom during your hearing.
What are some common questions you can ask the immigration judge
During your hearing, the judge will ask you questions. You can also ask the judge questions if you do not understand something. You can bring a pen and paper so you can write down important information, such as deadlines.
If your children are included in your case, you can ask the judge if you need to bring your children to your next hearing.
If your hearing is in person, you can ask the judge if you are able to attend future hearings
by internet
. The judge may allow you to attend some, but not all, future hearings by internet. If you are unsure, you can ask the judge to clarify which hearings you can attend by internet.
If you do not have a lawyer, you can ask the judge for more time to find a lawyer, if you would like.
This page
can help you to look for a lawyer in your area. Please note: if you have already applied for asylum, asking the judge for more time will likely
stop your asylum clock
, which could delay your work permit application
You can also ask other questions that you have during the hearing.
What questions will the judge ask during the master calendar hearing
The judge will likely ask you your name, address, and date of birth.
If your address is not close to the immigration court, the judge may ask you if you want to change your immigration court to one closer to you. Read about what to consider when deciding whether to try to
change your immigration court
The judge may ask about your
Notice to Appear
(NTA). The NTA usually lists your name, your country of origin, the date and location you arrived in the United States, and why the government believes you should be deported. If you never received an NTA, you can tell the judge. The judge may ask if you have reviewed the NTA and whether you agree or disagree with what is written on it.  If you do not agree with what is written on your NTA, you can tell the judge.
The judge may also ask if you plan to apply for any immigration status, such as asylum or
other immigration options
If you have no plans to submit any immigration application, the judge may end your case and give you a deportation order.
If you have already submitted an immigration application to USCIS,
you can tell the judge and show receipt notices if you have them.
If you brought a completed asylum application with you to submit that day, you can submit it during your hearing.
Find instructions
If you have not already applied for immigration status, you can tell the judge what you plan to apply for. For example, you can tell the judge if you plan to apply for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Some judges or government lawyers may try to tell you that you should not apply for asylum. However, you have the right to
apply for asylum
if you qualify. You can also tell the judge if you will submit evidence showing why you are eligible.
If you are applying for asylum, the judge may give you specific deadlines to file your asylum application and your evidence. You can write down the specific instructions on a piece of paper so that you can remember them later. It is important to follow those instructions if you want to continue with your asylum case. If you have questions about the instructions, you can ask the judge to explain more.
If you have already submitted an asylum application,
it is possible that the government lawyer may ask the judge to end your asylum case before you have a chance for a full hearing. This is often called a “motion for pretermission.” This started happening in many asylum cases in 2025 and continues in 2026.
At the end of the master calendar hearing
At the end of the hearing, if the judge has allowed you to continue with your case, the judge should schedule you for the next hearing and give you a
hearing notice
Your next hearing could be another master calendar hearing, or an individual hearing. Learn about the
steps of the immigration court process
If the judge gives you a deportation order, you have the right to appeal the decision to the Board of Immigration Appeals (“BIA”).
Learn more about appeals
How can I prepare for the possibility of detention?
In 2025, there were widespread reports of arrests at immigration courts. As of Spring 2026, arrests at immigration courts have become less common. However, this could change again in the future. To learn about what is happening at your specific immigration court, you can try to
find a lawyer or an organization
for immigrants in your area.
Some hearings are held in person, while others are online. If you want to, you can request to change your in-person hearing to an online hearing, but it may not be granted.
Learn how here
If you are planning to attend an immigration court hearing in person, here are some things to know before you go:
You can try to
find a lawyer
to attend your hearing with you. Having a lawyer does not stop you from being detained, but a lawyer can try to advocate for you. Even if you do not have a lawyer to go with you, it can be useful to speak with a lawyer before the hearing about your specific case.
You can also consider asking a friend or family member who is a U.S. citizen to go with you to your hearing to support you, so they can tell others if you are detained. They may want to bring proof of their U.S. citizenship. It could also be helpful if they speak English.
If you are applying for asylum, you can bring a copy of your stamped asylum application, or you can
prepare an asylum application
to submit at the hearing. Showing proof that you are applying for asylum does not stop you from being detained, but it can help you make an argument to the judge that you are ready to continue fighting your case.
If you have any applications pending at USCIS that are not related to asylum (for example, a marriage-based green card application), you can bring a copy of the receipt notice. If you have U.S. citizen children, bring a copy of their birth certificates. These documents do not stop you from being detained, but they can be helpful facts for a judge to consider.
Before going to court, eat a full meal beforehand and drink plenty of water. If you are detained it could be many hours before you can eat again. Wear comfortable clothes, and bring a sweater or jacket in case the detention facility is cold.
Memorize the phone number of at least one person you trust or write their number on your arm, so that you can call them if you lose access to your phone. Ask them if they can help in case of an emergency (for example, help picking children up from school). Make sure they know your full name,
A number
, and date and country of birth. Make sure they know where to find your important documents. If you have a lawyer, make sure they know how to contact your lawyer. See another organization’s sample
emergency plan
If you do not go to your hearing, the judge will likely give you a deportation order.
If you are detained, some people are able to secure release from detention through a bond hearing or a habeas petition. Learn about
how to request release
Is it possible to request a virtual (online) hearing?
Yes. Whether the request is granted or denied depends on many factors, including the location of your immigration court, your
judge
, the reasons why you are requesting a virtual hearing, and if you have a lawyer. To request a virtual hearing you can try
calling the immigration court
or use this
Virtual Hearing Template
If you
check your case status
and it says you have an “internet-based” hearing, that means your hearing will be online. On the day of the hearing, you can join from either a phone or computer using an application called Webex.
The Webex link will appear in your case status under “Webex address” and you can type that Webex address into any web browser. You can also go to this
immigration court page
, find your immigration judge, and click on the “Internet-Based Hearing Link.”
Learn more about virtual hearings
What happens if I do not attend my immigration court hearing?
If you do not attend your immigration court hearing, your asylum case will likely end, and you will likely receive
a deportation order for missing your hearing
. Receiving a deportation order can make it more difficult for you to qualify for legal status in the future. If you have a deportation order, ICE can also arrest and quickly try to deport you if they encounter you anywhere.
If you know in advance that it would be difficult to attend your master calendar hearing in person, you can try to request a
virtual hearing
. If it is already the day of your hearing and you cannot attend, you can also try to attend the hearing virtually: go to this
immigration court page
, find your immigration judge, and click on the “Internet-Based Hearing Link.” However, please know: it may or may not work to join your hearing virtually at the last minute, depending on the immigration judge, and you will likely receive a deportation order if your immigration judge does not allow you to attend virtually.
What are the standard steps to apply for asylum in immigration court?
If you have a case in immigration court and you are eligible for asylum, you can apply by submitting an asylum application (Form I-589) to the immigration court. The standard steps of the immigration court process for asylum seekers are below. However, since 2025, the government has been
ending some cases
in immigration court before an asylum seeker can receive a full hearing on their asylum case.
Receive a Notice to Appear:
U.S. government officials should give you a
Notice to Appear (“NTA”)
. It is a good idea to check that your information on your NTA is correct. Keep it in a safe place.
Check the Immigration Court System:
The government should then submit your NTA to the immigration court, and your first hearing will be scheduled.
Check the immigration court system
every week to learn when you have your first court hearing scheduled. You should also receive a
hearing notice
in the mail to the address the immigration court has for you. Keep checking the system every week because your hearing can be suddenly rescheduled to another date.
Submit an Asylum Application with the Fee:
If your case in immigration court continues and you decide to apply for asylum,
submit your asylum application
and any evidence to support it to the immigration court and the government lawyer. The cost to apply for asylum is currently $100. Generally, you must submit your asylum application within one year of arriving in the United States, but there are
exceptions
Apply for a Work Permit:
Asylum seekers can
apply for a work permit
150 days after they submit their asylum applications.
Go to Master Calendar Hearings:
The first hearing in immigration court is called a “
master calendar hearing
” and is supposed to be a short preliminary hearing. You may have more than one master calendar hearing.
However, since 2025, some
asylum cases are ending
at Master Calendar Hearings without a chance to present the full case.
Attend a Biometrics Appointment if Needed:
Most asylum seekers in immigration court are not required to have a
biometrics appointment
to collect fingerprints. If you
are
required to have a biometrics appointment, USCIS should mail you a
notice
You may receive a biometrics appointment notice after you apply for a work permit.
Pay the Annual Asylum Fee:
Immigration court cases can take a long time. You will need to pay an
annual fee
every year to continue with your asylum case. You should receive a
notice
from the immigration court when the fee is due, but you can also choose to pay the fee before you receive the notice. You can
watch this video
about how to pay the annual asylum fee in immigration court.
Submit Additional Evidence:
If you are scheduled for an
individual hearing
, you can
submit more evidence in writing
to support your asylum case before the hearing. The immigration judge should tell you a deadline for doing this.
Present your Case at an Individual Hearing:
After receiving your asylum application, the immigration court should schedule an “
individual hearing
.” This is supposed to be a longer hearing to explain more about your asylum case.
However, since 2025, some
asylum cases are ending
without a chance to present the full case.
Receive a Decision:
After the individual hearing, the immigration judge should decide whether or not to grant asylum. The judge may tell you their decision during the hearing, or you might receive the decision in the mail.
If the Immigration Judge Grants Asylum:
If the immigration judge grants you asylum, and the government lawyer tells the judge that they will not appeal or they do not appeal within 30 days, you will receive asylum! You should not be detained, and the
family members that you included
in your asylum application will also receive asylum.
Learn more here.
If the Immigration Judge Denies Asylum:
If an immigration judge decides not to grant you asylum and orders deportation (also called “removal”), you can decide whether to appeal the decision.
If you
appeal the judge’s decision to the Board of Immigration Appeals
(BIA), you must take the first step of submitting a Notice of Appeal and pay the appeal fee within 30 days. While your appeal at the BIA is pending, you can continue to use and renew your work permit if you already have one. You could be detained while your appeal is pending.
If you do not appeal within 30 days, then your deportation order is final and your work permit is no longer valid. Receiving a deportation order can make it more difficult for you to qualify for legal status in the future. If you have a deportation order, ICE can also arrest and quickly try to deport you if they encounter you anywhere.
What is the status of my immigration court case?
You can check the status of your immigration court case on the
immigration court website
or by calling the immigration court hotline (1-800-898-7180). On the website you will need to enter your
A Number
and your country of origin (“Nationality”). On the hotline, you only need to enter your A Number. Sometimes the website and the hotline provide different categories of information, so it can help to check both. See
this flyer
about how to call the hotline.
Here are some common messages asylum seekers might receive when you check the immigration court website or hotline:
If the system tells you a date, time, and location of a “master calendar hearing,”
that means you have a preliminary hearing in person immigration court.
Learn more here
If the system tells you a date, time, and location of an “individual hearing,”
that means you have a hearing in person immigration court to present your asylum case.
Learn more here
If the system tells you you have an “internet-based” hearing,
that means your hearing will happen online.
Learn more here
If your case is in the system but there is no upcoming hearing,
keep checking the system every week. You can also try
calling your specific immigration court
(scroll down the page and click on the name of the court, or search by entering your zip code).
If the system says that the immigration judge ordered removal (deportation), and you never had an
individual hearing
you may have received a deportation order because you missed a hearing, or for another reason.
Read about options if you missed a hearing
. You may also want to
find legal help
If the system says that the immigration judge ordered removal (deportation), and you already had your
individual hearing
, that most likely means the judge made a negative decision on your asylum case. If you want to continue to fight your case and renew your work permit, you can
appeal
to the Board of Immigration Appeals (BIA) within 30 days of the decision. You cannot be deported while your appeal is pending, but you can be detained.
If you want to check the days on your asylum clock,
you can call the immigration court hotline at 1-800-898-7180. The “asylum clock” measures the number of days that have passed since you submitted your asylum application to the immigration court. When you have 150 days on your clock,
you can apply for a work permit
. If the hotline says “there is no clock” or the number of days does not seem correct, that could mean your asylum clock has stopped.
Read about what you can do
. You can also
watch this video
If the system says “the A number does not match a record in the system,”
keep checking every week
Sometimes it takes several months or more for your information to appear in the system. Here are some other steps you can consider:
If you want to apply for asylum, you can submit your asylum application (Form I-589) to USCIS instead of immigration court.
In general, asylum seekers must apply for asylum within
one year of arriving
in the United States. However, if your information is not in the immigration court system yet, the immigration court will reject your asylum application when you try to submit it. So, you can submit it to USCIS instead. This will ensure you do not miss the one-year deadline. It can also help you apply for a
work permit
faster.
Find more detailed instructions here
You can also check your documents for a
“Notice to Appear” (NTA)
. Some NTAs include a date and location for your first court hearing. If your NTA lists an immigration court and the date for your first hearing,
call the immigration court
to confirm whether you have a hearing scheduled that day.
If you do not have an NTA and your information is not in the system, you may
not have an immigration court case
at all.
If the system says “there is no information for this A number,”
this could mean that you do have an immigration court case opened but your case was marked confidential. This happens sometimes with asylum cases. If you have had prior hearings, you can
contact your immigration court
for information on your case. If you have not had prior hearings yet, you can contact the immigration court that appears on your
NTA
If the system says “an administrative decision has been issued,”
you can
contact your immigration court
for more information or you can
request a copy of your immigration court case documents
If you have other questions
, you can also try calling your immigration court. You can find the
contact information for immigration courts here
(scroll down the page and click on the name of the court, or search by entering your zip code).
Why are some immigration court cases in 2025 and 2026 ending without a full hearing, and are there steps I can take?
The government is currently ending some cases in immigration court before the asylum seeker receives a full hearing. This can be called denial, dismissal, or pretermission. Some reasons are below, along with steps you can try to take.
Agreements with other countries:
If you arrived in the U.S. on or after November 19, 2019, the government lawyer might say that you should be sent to a third country to apply for asylum, instead of being allowed to continue your asylum case in the U.S. This policy is based on agreements between the U.S. government and other countries called “asylum cooperative agreements” (ACAs). Please note that as of March 12, 2026, news
reports
say that the government has STOPPED trying to end cases based on ACAs. However, there may be some exceptions. If the government lawyer still tries to say that you should be sent to a third country, you can read about
steps to take here
Not enough facts
: The government says that judges can deny asylum cases without a full hearing if they decide the asylum case is not strong enough or if the answers in the asylum application are not detailed enough. If you have additional information or evidence to add to your asylum application,
you can try to submit it before your hearing
. You may want to
talk with a lawyer
before your hearing if possible.
Problems with the passport or certificate of service
: Some judges have ended cases because the asylum seeker did not include all pages of their passport from cover to cover with their asylum application, or the asylum seeker did not complete the
certificate of service
correctly. If you need to make corrections to the passport or certificate of service,
make the corrections and submit them
to the immigration judge and the government attorney before your hearing.
Initial asylum fees:
A judge can end your asylum case if you applied for asylum on or after July 4, 2025 and you have not paid a $100 initial filing fee. If you are submitting a new asylum application in immigration court, pay the filing fee on
this immigration court website
and include the receipt when you file your asylum application. If you submitted your asylum application between July 4, 2025 and September 22, 2025 without including the $100 fee,
pay the fee before your hearing
Annual asylum fees:
Some judges are sending
notices
to asylum seekers stating that the annual asylum fee is due, despite a court order pausing the fee. You can find the most up-to-date information about the
annual asylum fee in immigration court here
, including how to pay. ASAP members have filed a lawsuit about the annual asylum fee and the information is rapidly changing.
Expedited removal:
Around May to August 2025, the government dismissed many asylum cases and put immigrants in a faster deportation process called expedited removal. However, as of August 29, 2025, a court has ordered that the government can only put people in expedited removal in very limited circumstances.
The immigration judge may tell you their decision on whether to end your case early at your hearing or may send you their decision by mail. If the immigration judge does end your case early, you can read about
steps you can take here
. You may have a short time to take these steps, so if your case does end early you can
talk to a lawyer
as soon as possible about your options.
If the government tries to end my case in immigration court without a full hearing, is there anything I can do to ask for a full hearing?
If the judge or the government lawyer says that they want to end your case without a full hearing, you can ask why. You can share more information that applies to your case – below are some examples. However, it may be difficult to stop some judges from ending your case. The chances of success will depend on many factors, including the location of your court and your
judge
If the government lawyer says they want to send you to a third country and you would be afraid to go to that third country, you can explain why. You can ask the judge for time to collect evidence of why you would be afraid of being sent to that third country. Also, if the government attorney files a “Motion to Pretermit” to try to end your case only a few days before your court hearing, or even at the hearing itself, you can also say that the government’s motion is not on time.
Read more here
Immigration courts can now require an annual asylum fee of $102 if your asylum application has been pending for at least one year. Read more and learn how to pay the
annual asylum fee in immigration court here
If the judge says there are missing details in your asylum application, you can ask to correct your asylum application, or ask for time to prepare corrections.
If the judge says there are missing documents, you can tell the judge that you will submit them as soon as possible.
If the judge says that your asylum case is not strong enough, you can ask the judge for time to submit more evidence in support of your case.
If the government lawyer says that they want to dismiss your case, you can tell the judge if you need more time to respond to the government’s request. If you are afraid to return to your country of origin, you can tell the judge, and explain what danger you will experience if you are deported.
If there are people in the U.S. who depend on you, especially children or U.S. citizen relatives, that can also be helpful to share. If it applies in your case, you can tell the judge if your detention would separate your family or leave your children or U.S. citizen relatives without care.
As always, we will do our best to keep asylum seekers updated as we learn more information.
If I am able to have a full “individual” hearing to present my asylum case, what happens at that hearing?
Since 2025, the government has been trying to
end some asylum cases
without a full asylum hearing – also known as an individual hearing or merits hearing. But other cases are proceeding to the full asylum hearing. Information about standard individual hearings is below.
If you are scheduled for an individual hearing, you can present additional evidence to support your asylum case if you want to. The judge may give you specific deadlines to file your evidence, usually at least 30 days before the individual hearing. It is important to follow those deadlines, or the immigration judge might not accept your evidence. Learn more about
additional evidence
During a standard individual hearing, you can present your asylum case to the judge. You can explain your story and your reasons for seeking asylum. You may also present evidence such as documents and witnesses to support your case. You can also bring the receipt for paying the
annual asylum fee
, if you received a
notice
telling you to pay.
During an individual hearing to present your full asylum case, the only people allowed in the courtroom are you, the judge, the judge’s clerk, the government attorney, an interpreter (if needed), and other people who you have invited. No one is allowed to talk about your story outside of the courtroom. As you share your story, the judge will likely ask you questions. The government attorney may also ask you questions. The government attorney usually makes arguments to the immigration judge about why you should not win asylum.
Based on this hearing, the immigration judge should decide if you will be granted asylum. You can review the
requirements for asylum on this webpage
Many people refer to the merits hearing as the last court hearing, however, the merits hearing is not always the last court hearing.
If you can, it is very helpful to
find a lawyer
who can represent you during this hearing. The results of past asylum cases suggest that it can be very difficult to win asylum in immigration court without legal help.
Since 2025, it has become even more difficult to win asylum.
If you cannot find a lawyer to represent you at your individual hearing, you can represent yourself.
Read more here about how to prepare evidence for your case
This resource
from another organization can help you prepare for your individual hearing.
Remember that if the judge denies your case during the merits hearing, you still have the right to
appeal that decision to the Board of Appeals (BIA)
. You cannot be deported while your appeal is pending and you can continue to use your work permit. But you must take the first step and submit your appeal
within 30 days
of the judge’s decision.
If the judge denies your asylum case at the end of your merits hearing, the judge may ask you if you want to “reserve your right to appeal.” In other words, the judge is asking you if you want the opportunity to appeal their decision. You can answer yes, even if you are not sure you want to appeal.
If you say no, you are telling the judge that you are giving up your right to appeal, which means you will not be able to contest the judge’s decision. If you say that you do not want to appeal, or if your appeal deadline passes and you do not submit an appeal, your deportation order will become final and you can be deported. (Please note: As of the fall of 2025, the U.S. government is trying to send some immigrants to other countries that are not their country of origin.
Read more here
.)
If the judge denies your asylum case, it is more likely that ICE will
detain you
Even if you appeal the decision, ICE can detain you while your appeal is in process.
If the judge grants you asylum, it is generally safe to tell the judge you do not want to appeal. However, the government attorney may say that they want to appeal the judge’s decision to grant you asylum. If the judge grants asylum, you should not be detained.
Learn more about
next steps after a grant of asylum
The judge denied or ended my asylum case. How do I appeal?
If the immigration judge denies your asylum case, or if the judge ends your asylum case without a full hearing, you have the right to appeal the decision to the Board of Immigration Appeals (“BIA”). Whether to appeal your case or not can be a complicated decision that depends on your specific circumstances. If you decide to appeal, the government must
receive
your appeal form (EOIR-26) in the mail
within 30 days
of the immigration judge’s decision.
March 13, 2026 update:
This immigration court
website
and hotline (1-800-898-7180) may incorrectly indicate that the deadline for the BIA to receive an appeal form is only 10 days after a judge’s decision. On March 13, the government published
this statement
confirming that the deadline to appeal a case to the BIA remains
30 days after the immigration judge’s decision
. If you file Form EOIR-26 to appeal your case, you can include a copy of that 2-page government statement.
Potential benefits of appealing your case:
The government is not supposed to deport you while your appeal is pending.
If you have a work permit based on asylum, you can continue to use it and renew it while your case is on appeal.
If you do
not
appeal your case before the 30-day deadline, your deportation order becomes “final,” your work permit is no longer valid, and the government can deport you at any time.
There is a chance you could win your appeal at the BIA, although this has become very rare since the beginning of 2025. If you lose at the BIA, it is still possible to continue fighting your case at a
different federal court
after that.
Potential disadvantages of appealing your case:
The cost to appeal is $1,030, although it is possible to request a
fee waiver
Since the beginning of 2025, the BIA has ruled against immigrants in almost all appeals. And the BIA sometimes makes decisions to deny appeals very quickly.
ICE
detains
some people when they appeal their cases.
You have a very short time to file the appeal form. Then, after filing the form to appeal, you will receive a deadline to submit arguments in writing about why the judge’s decision in your case was incorrect. You are not required to have
a lawyer
to appeal your case, but it can help.
Here are the steps of the BIA appeal process, if you decide to appeal:
To appeal, you must take the first step within 30 days of the immigration judge’s decision
. The first step is to fill out and submit a
Notice of Appeal (Form EOIR-26)
. The BIA must
receive
your Notice of Appeal within 30 days of the judge’s decision. You do not need an attorney to fill out this form. For the “Proof of Service” part on Page 3, you can write “ICE-OPLA” for Opposing Party. You can find the address of the government attorney (OPLA) for your immigration court on
this webpage
. Choose your state, choose “Office of the Principal Legal Advisor”, and press “Apply” to narrow the search.
To know the date of your 30-day deadline, you can check the immigration court system online or by phone. If you want to check online, you can enter your
A Number
on
this website
. If you want to check by phone, you can call the immigration court hotline at 1-800-898-7180. Press 1 for English or 2 for Spanish. When asked, enter your A Number and press 4 to hear the date by which they will need to receive your Notice of Appeal.
If you decide to appeal, it is best to mail your Form EOIR-26
as soon as possible
, and get tracking information.
Form EOIR-26 requires a fee, $1030 as of March 2026. You can check the fee amount and pay the fee by choosing “BIA - Appeal (new filing of a Form EOIR-26)” from the menu at
this court payment website
. If you pay the fee through that website, print a copy of the receipt showing payment and send that copy with your Notice of Appeal. You can also pay the fee by sending a check or money order, payable to “United States Department of Justice”, with your Notice of Appeal. If you cannot afford the fee, you can complete a
Fee Waiver Request (Form EOIR-26A)
and submit it at the same time as your Notice of Appeal. You can also read
this guide about fee waivers in immigration court
published by another organization.
The form is in English and must be completed in English. But you can find the instructions in multiple languages by going to
this immigration court webpage
, first clicking on “EOIR 26 – Notice of Appeal from a Decision of an Immigration Judge,” and then choosing your language.
Check the immigration court system to make sure the BIA received your Notice of Appeal in time.
To confirm that the BIA received your notice of appeal, you can enter your A Number on
this website
, or call the automated case information hotline at 1-800-898-7180, press 1 for English, enter your A Number, and then press 4 to hear the date when your Notice of Appeal was received. If your 30-day deadline to file the appeal is close and the website and phone number still do not show that you filed the appeal, you can call the BIA directly at 1-703-605-1007 and ask if they received it.
Prepare your written arguments.
The next step in the appeal process is to prepare written arguments.
The BIA should send you a notice
in the mail with information about the deadline for submitting your written arguments. You should start preparing as soon as you can. One way to prepare is to
request your immigration case documents
directly from the immigration court. The BIA should also send you a written record of your immigration court case, including a transcript of what happened at your court hearings. In general, there are no in-person hearings when you appeal to the BIA. The entire appeal process happens in writing. You do not have to go in person to the BIA for a hearing.
If you move, submit Form EOIR-33/BIA
to update your address with the BIA so that you receive this important mail. You can also check the immigration court system online or by phone again to find out the deadline for submitting your written arguments.
It can be very helpful to have a lawyer to prepare your written arguments. If you do not have a lawyer, you can
search for a lawyer here
. If you meet with a lawyer, bring all documents you have from your case. If you are unable to find an attorney to represent you in your appeal, you can still move forward and represent yourself.
Pay the annual asylum fee if required.
If your asylum case is on appeal to the Board of Immigration Appeals (BIA), you may receive a
notice
telling you to pay the annual asylum fee if you originally submitted your asylum application more than a year ago.
, including how to pay.
You can also read
this guide about BIA appeals
. Note: the fee has increased since that guide was published.
In some situations, you can file a
Motion to Reopen
to request that immigration judge change their decision, instead of an appeal.
Some common reasons to file a Motion to Reopen are if you are now eligible for a new type of immigration status, if your previous lawyer made a serious mistake, if you
missed an immigration court hearing
, or you missed the 30 day appeal deadline. However, unlike filing a BIA appeal, filing a Motion to Reopen does not automatically provide you with protection against deportation. You can
talk to a lawyer
about your options. There are time limits to reopen a case and it can be difficult, so it is best to seek assistance as soon as possible.
The Board Immigration Appeals (BIA) denied my appeal. What can I do?
If the Board of Immigration Appeals (BIA) denies your appeal, it is possible to appeal this decision to a federal court. Sometimes it is also possible to ask that the BIA reconsider its decision. This process is complicated and it is helpful to
find a lawyer
If you decide to appeal before a federal court, you must submit the first document (called a “petition for review”) for the appeal within 30 days of the BIA’s decision. If you do that, you can also ask the court to stop the government from deporting you while your case is pending, but there is no guarantee that the court will approve that request.
Can I be deported to a country that is not my country of origin?
Maybe. The U.S. government usually tries to deport immigrants to their countries of origin. Deportation to a different, third country is not as common. However, deportation to a third country is allowed under agreements with specific countries and is starting to happen more often. The situation is changing rapidly. Below is information updated as of April 2026.
What countries have agreements with the U.S.:
The following countries have agreed with the United States to accept deported people who are not their own citizens as of April 2026: Antigua and Barbuda, Belize, Cape Verde, Cameroon, Costa Rica, Democratic Republic of Congo, Dominica, Ecuador, El Salvador, Equatorial Guinea, Eswatini, Ghana, Guatemala, Guyana, Honduras, Kosovo, Liberia, Libya, Mexico, Palau, Panama, Paraguay, Poland, Rwanda, South Sudan, St. Kitts and Nevis, St. Lucia, Uganda, Uzbekistan. It is reported that Sierra Leone and Congo have also agreed to accept deported people who are not their own citizens.
Each agreement is different, and for some countries some of the details are not known. Learn more
here
If you have a deportation order or have won withholding of removal or CAT:
The U.S. government is also trying to send some immigrants to other countries if they won withholding or protection under the Convention Against Torture (CAT), or if they have a deportation order and sending them back to their country of origin is difficult. There have been reports of this happening across the country.
In case you are detained and you are told you could be sent to another country, you can learn how to
request release from detention
. If you are afraid to be sent to that country, tell as many immigration officers as possible. You can also try to
get help from a lawyer
Immigrants are fighting against this policy through a
lawsuit
If you have a pending asylum case in immigration court:
As of March 12, 2026,
news reports
say the government has
stopped filing new “Motions to Pretermit” based on asylum cooperative agreements (ACAs) with other countries,
but this may still be happening in some courts
This change does not affect motions that have already been filed.
Before this, from fall 2025 to March 2026, the government often used these motions to try to end some cases and deport people to another country to seek asylum there instead of in the United States, based on agreements with other countries (called ACAs). This affected people who arrived in the U.S. on or after November 19, 2019.
If a Motion to Pretermit has already been filed in your case, you can try the following steps:
If the Motion to Pretermit says that you should be sent to a third country to apply for asylum, and you are afraid to be deported to that country, you can tell the immigration judge. You can ask the judge for time to collect evidence of why you would be afraid of being sent to that third country. Requesting time to collect evidence will likely stop your
asylum clock
If the Motion to Pretermit was filed only a few days before your court hearing, or even verbally at the hearing itself, you can try to say that the government’s motion is not on time. The immigration court has rules saying that motions must be filed at least 15 days before a master calendar hearing and 30 days before an individual (merits) hearing, for people who do not have a lawyer and are not detained. These rules are in a document called the
EOIR Practice Manual
You may also want to
get help from a lawyer
If you are detained,
learn about immigration detention
(including how to request release).
Immigrants are fighting against this policy through a
lawsuit
The judge granted asylum. What does this mean?
If the immigration judge grants you asylum, congratulations! You have successfully completed a very difficult part of the process.
It is possible that the government attorney will try to appeal the immigration judge’s decision to the Board of Immigration Appeals (“BIA”), especially if you are detained. The government attorney must file a notice of appeal within 30 days after the judge’s decision. You should
check your case status
for the next 30 days to see if the government attorney has filed an appeal.
If the government attorney files an appeal
, you will need to continue with the appeal process.
The BIA should send you a notice
in the mail with information about the deadline for submitting your written arguments. It can be very helpful to have a lawyer to prepare your written arguments. If you do not have a lawyer and you would like one, you can
search for a lawyer here
. If you have a work permit based on your asylum application, you can continue to use and
renew your work permit
. You may need to pay the
annual asylum fee
If the government attorney does not appeal
, the judge’s order will become final and you and
your family members that you included
in your application will receive asylum. Here are some things to know:
You can immediately work legally! Find more
instructions here
You can apply for
permanent residence
(also known as a green card) at any time. However, USCIS will not grant your green card application until at least one year after you win asylum.
Within the first 2 years after you win asylum, you can request asylum for your spouse or eligible children who were not included in your asylum case in immigration court. You can request asylum for these family members even if they are outside the United States, or living in the United States without any immigration status.
To begin this process, you can file
Form I-730
at no cost, within 2 years of being granted asylum.
However, the U.S. government has paused processing the Form I-730 for people from
40 countries
. There have also been
reports
that even if your Form I-730 was already approved, family members from those 40 countries are not able to complete the final steps at a U.S. consulate to travel to the U.S.
You also have a limited time to apply for benefits (called “asylee benefits”), including possible cash and medical assistance, and you can find organizations to help you on
this government website
If you were born male, you are between 18 and 25 years old, and you want to apply for U.S. citizenship in the future, you should register with the
Selective Service
You can read about
traveling after winning asylum here
You can also see this
flyer
I received a deportation order because I missed my immigration court hearing. What can I do?
If you missed an immigration court hearing, you very likely received a deportation (removal) order. If ICE arrests you and you have a deportation order, you will likely be detained and deported quickly. You can read more about general
safety tips for asylum seekers
How to check if you have a deportation order:
To check if you received a deportation order, you can enter your
A Number
on
this website
. If it says a judge “ordered removal” with a date, that means you have a deportation order. You can also check by phone: call 1-800-898-7180, press option 1 for English and put in your A Number. Press 1 to confirm your A Number, press 1 to confirm your name, and then press 3 to check the status of your case. If it says a judge “ordered removal” with a date, that means you have a deportation order.
Deciding whether to try to reopen your case:
If you received a deportation order because you missed an immigration court hearing, you may decide to try to reopen your immigration court case. This can be a complicated decision depending on your situation. A Motion to Reopen can be difficult to win, depending on the judge and the reasons for your request.
A benefit of filing a Motion to Reopen is that if the immigration court grants the Motion, you cannot be deported immediately and you can continue seeking a legal status like asylum. However, asylum has become more difficult to win since 2025. And if you lose your reopened case, you can still be deported.
A risk of filing a Motion to Reopen is that ICE can detain you while you try to reopen your case. If the judge does not approve your Motion to Reopen, you can also be deported quickly. A Motion to Reopen can also be expensive (see below) and in some situations you can only file one.
You may want to consult with
an immigration lawyer
about your specific situation before filing a Motion to Reopen.
How to reopen your case:
If you want to try to reopen your immigration court case because you missed a court hearing, you can file a document called a “Motion to Reopen” with the immigration court. It is more likely that you will be able to reopen your case if the court receives your request
within 180 days
of the hearing you missed. It takes time to prepare a Motion to Reopen. If you decide to do so, it is important to start preparing (or to
search for a lawyer
to help you) quickly.
If you decide to file a Motion to Reopen, you can use this
template motion to reopen
from the immigration court. A Motion to Reopen because you missed a hearing is called a “Motion to Reopen an In Absentia Order.”
Cost of a Motion to Reopen:
The cost of a Motion to Reopen based on missing a hearing depends on the reason you missed the hearing.
If you missed your hearing because you never received a notice about your hearing, you do not have to pay a fee to file a Motion to Reopen. However, if you missed your hearing for any other reason (such as an illness or an accident), there is a fee of $1,065.
Other types of Motions to Reopen
, such as a motion based on new circumstances that you believe now qualify you for asylum, also cost $1,065.
You can pay the fee on
this court payment website
(choose “Court - Motion to Reopen or Reconsider a decision of an Immigration Judge”) or submit a
Fee Waiver Request (Form EOIR-26A)
if you cannot afford the fee (see
this guide about fee waivers)
My case was “administratively closed.” What happens next?
If your case was “administratively closed,” that means it is paused. You are not being scheduled for more hearings at this time, but your case still remains open with the immigration court. It is possible that in the future, your case can become active again and you can get scheduled for new hearings.
Starting in May 2025, many immigration court cases that were previously administratively closed, even for years, are being scheduled for new court hearings.
To check the status of your case, you can call the immigration court hotline at 1-800-898-7180 or go to
this immigration court website
. The government should also send any new hearing notices to the last address on file with the immigration court.
Immigration judges often gave administrative closure to people who have submitted a different immigration application to USCIS, such as a
U-visa
or a
family-based application
, to give people time to wait for decisions on those other applications.
If you already applied for asylum, and you received a work permit based on your asylum application, you can keep using it while your case is administratively closed. You can also continue to renew it because administrative closure means that your asylum case is still pending. However, if you did not already receive a work permit based on your asylum application, your
asylum clock
will stop running when your case is administratively closed.
My immigration court case was dismissed between 2022-2024. What happens next?
From 2022 to 2024, many asylum seekers’ immigration court cases were dismissed and they were not detained. If this is your situation, please continue reading below.
If you are looking for information about detention,
please read here instead
If this is your situation and you want to continue seeking asylum, you may be able to continue to seek asylum with another immigration agency called USCIS, and apply for or renew your work permit.
Asylum case
When your immigration court case is dismissed, your asylum case is ended without a final decision. Your next steps depend on whether you want to continue seeking asylum or not.
If you do NOT want to continue seeking asylum, you do not need to take any action
. It may still be a good idea for you to speak with an attorney to determine if you qualify for
another immigration status
If you DO want to continue seeking asylum
you can submit a new asylum application to USCIS.
Find instructions here
However, applying for asylum is a complicated decision that depends on your specific circumstances.
Learn more about asylum
. You can also talk to a lawyer about your options.
Find legal assistance here
Work permits
What happens to your work permit next depends on the status of your work permit when your immigration court case was dismissed.
If you have never received a work permit as an asylum seeker before,
you can apply for your first work permit based on asylum IF you submit another asylum application to USCIS.
If you have a valid work permit and you do not have a renewal application pending,
you can continue to use your work permit until the expiration date. However, if you want to renew your work permit, you will need to submit another asylum application to USCIS first.
If you submitted a work permit renewal application before your court case was dismissed,
and you submitted the application before your work permit expired, you can still use your work permit for the period of your
automatic extension
. Also, if you submit another asylum application to USCIS, you should send additional documents to USCIS: (1) cover letter explaining your situation, (2) copy of receipt notice for your new asylum application with USCIS, and (3) copy of your renewal receipt notice.
If your work permit has expired and you do not have a renewal application pending,
you can only apply to renew your work permit if you decide to submit another asylum application to USCIS.
I received Lawful Permanent Residence (a green card) with USCIS through another immigration option. Can I ask for my immigration court case to be closed?
Yes. If your Lawful Permanent Residence (green card) application was approved with USCIS through an
immigration option other than asylum
(for example an Adjustment of Status application based on a family petition, Special Immigrant Juvenile Status, or Cuban Adjustment Act), you may ask the immigration judge to terminate your immigration court case.
Termination means that your immigration court case is closed completely. The most common time to request termination is when USCIS has already approved your application and you have received, or will soon receive, permanent residency (a green card).
You can request termination in writing or in person at your next hearing. It is useful to provide a copy of your USCIS receipt notice, approval notice, and permanent residency card (green card), if you have received it. It may also be helpful to have the help of a lawyer in making this request.
Find legal help here
If you receive termination:
Your immigration court case has ended, and you will not have any future hearings.
Your asylum application, or any other application you had pending with the immigration court, also ends.
Your case cannot be reopened. If the government tries to deport you in the future, they will need to start a new immigration court case against you.
Note:
Asking for termination of your immigration court case because you received a green card is different from the government trying to end your immigration court case early for another reason. Starting in 2025, the government has been ending many immigration court cases early and detaining immigrants. This can be called denial, dismissal, or pretermission. A case ending as a result of denial, dismissal, or pretermission has different consequences than a case ending as a result of termination. If you are not sure how your case is ending, you can ask the immigration judge to clarify. You can also
request a copy of your immigration court documents
. Read more about
denials, dismissals, and pretermissions here
Who is my judge?
You can learn the name of your immigration court judge (if your case has been assigned to a judge), by checking the status of your immigration court case on the
immigration court website
or by calling the immigration court hotline (1-800-898-7180). You may need to try both ways.
You can learn about your judge’s
asylum grant rates here
. You can click on the name of your judge to find more details. Some newer judges may not be listed.
Since January 2025, many immigration judges have been fired. Many of the fired judges had years of experience in immigration law. The government has replaced some of the judges with military lawyers. Other judge positions remain unfilled.
If your judge is fired, your case should be assigned to another judge. Your hearing date may also change. Keep checking your case status every week for updates.
Can the location of my immigration court change?
Sometimes, the government can change your immigration court location. If that happens, the government should send you a
hearing notice
with the new hearing date and new immigration court information.
Every week, you can check your case status in case the government has changed your immigration court location or hearing date. You can either call the court’s automated hotline at 1-800-898-7180 (
see this flyer
), or check your case status online on
this immigration court website
see this flyer
).
If you have moved far away and you would like to request to move your case to a court closer to you, you can submit a Motion to Change Venue.
Find more instructions here
. In some cases, if you have moved far away, the judge may ask you if you want to change your immigration court to one closer to you. Read about what to consider when deciding whether to try to
change your immigration court
How do I contact my immigration court?
You can find the
contact information for immigration courts here
(scroll down the page and click on the name of the court, or search by entering your zip code). If you are not sure what your immigration court is, you can find it on your
Notice to Appear
Sometimes it is very hard to reach somebody when you call an immigration court. You should keep trying. Many immigration court staff only speak English. If you do not speak English, you may need to find a friend or family member to interpret for you when you call.
If you have moved and need to update your address with immigration court, you can submit Form EOIR-33. Read more about
updating your address
here.
How can I request my immigration court case documents?
If you need your immigration court documents, you can request them by emailing your immigration court. This is called requesting your “Record of Proceedings” (ROP). You can request copies of orders from the immigration judge, as well as documents submitted by you, your attorney, or the government, in your immigration court case.
If you need your immigration documents from USCIS,
you can learn how to request documents from USCIS here
To make the request for your immigration court documents, you should fill out and sign
Form EOIR-59
. Then send an email to your immigration court by following the below steps:
Find the ROP email address for your immigration court
at this webpage
. If you are not sure what your immigration court is, you can find it on your
Notice to Appear
Include a short message in English about your request. You can say something like: “I would like to request my records. Please see the attached EOIR-59. Thank you for your help.”
Include an email subject line with your last name and the last 4 digits of your
A Number
Attach the signed
Form EOIR-59
to the email message.
I saw a flyer in immigration court saying that I should “self-deport.” What does that mean?
You may have seen a
Self-Deportation Flyer
in immigration court called “A Warning to Self-Deport.” Or you may have heard recent messages from the U.S. government saying that immigrants should “self-deport.”
Many people who receive the self-deportation flyer or messages are not required to leave the United States. For example, if you have an open immigration court case, or if you have a pending asylum application, you are not required to leave the U.S. unless or until the immigration judge gives you a deportation (removal) order.
“Self-deporting” will probably not make it easier to
return to the U.S. in the future
. As of April 2026, there is no special new process for people who self-deport to legally return to the United States. Many people who leave the United States could find it very difficult to legally return in the future, depending on their situation.
Some people may decide that leaving the United States is their best option. You can
read about things to consider before leaving here
. You can also learn about the U.S. government phone app
CBP Home
and how some people may use it to leave the United States. You may also want to
talk to an immigration lawyer in your area
before making a decision.
The Asylum Seeker Advocacy Project (ASAP) aims to provide factual information about current immigration laws. This information is not legal advice.
All legal content is written and legally reviewed by ASAP’s team of expert immigration lawyers. ASAP’s expert lawyers have decades of experience in immigration law and litigation. Collectively, they have won hundreds of cases. Our lawyers are admitted to the Bar in several U.S. states, hold law degrees from universities including Harvard, Yale, and UCLA, and have won multiple awards for their legal work.
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