FACTUM.immigration
Independent Immigration News & Analysis
Our experts
Our expertsENRUES

Immigration Court and Removal Proceedings

The immigration court system, run by the U.S. Department of Justice's Executive Office for Immigration Review (EOIR), decides removal (deportation) cases: an immigration judge determines whether a person is removable and whether they qualify for relief such as asylum, cancellation of removal, adjustment of status, or voluntary departure. DHS acts as the prosecuting party, and a judge's decision can be appealed to the Board of Immigration Appeals (BIA).

Status as of July 11, 2026. Immigration court hearings are frequently rescheduled, sometimes on short notice; the paper notice mailed by the court is legally controlling, so the date and status are checked regularly in the ACIS system or through the EOIR hotline. The CBP Home self-deportation program (Project Homecoming) is active: DHS states the exit stipend is currently $2,600 (the amount has changed), with current terms at dhs.gov/cbphome.

How the immigration court (EOIR) works

Removal cases are handled by the Department of Justice through the immigration court system (EOIR). The person facing a case (the respondent) is charged with an immigration violation by DHS, whose attorneys (ICE's OPLA) argue the government's side. An immigration judge does not decide criminal guilt; the judge decides whether the person is removable and whether any relief applies — asylum, cancellation of removal, adjustment of status, or voluntary departure. A judge's decision can be appealed to the Board of Immigration Appeals (BIA) within 30 days. Detention and bond are a separate track; see enforcement and detention.

How to check your court date and case status

Case status and the next hearing are checked by A-Number (nine digits; add a leading zero to older eight-digit numbers). EOIR provides two official channels: the ACIS online system at acis.eoir.justice.gov (English and Spanish) and the automated hotline at 1-800-898-7180 (also English and Spanish). The system shows the date, time, judge, and location of the next hearing, whether it is in person or internet-based, and any decisions issued. The controlling source is still the paper notice mailed by the court: ACIS does not show a new date until the court sets one, and dates change often. If a case does not appear but a paper notice with a date exists, the court handling the case is contacted directly.

Master calendar and individual hearings

A case moves through two kinds of hearings. A master calendar hearing is a short preliminary session where the judge establishes basic facts, the respondent responds to the charges, and states what relief will be sought. An individual (or merits) hearing is the main session where a relief application — for example, asylum — is heard on the merits, with testimony and evidence. Time usually passes between sessions; the specific date and format are shown in ACIS.

What happens if you miss a hearing

If a person does not appear for a scheduled hearing and DHS shows that notice was provided, the judge is required by law to issue a removal order in absentia. Such an order generally makes voluntary departure, cancellation of removal, and adjustment of status unavailable for 10 years, and ICE can use it to detain and remove the person without a new hearing. In limited circumstances, an in absentia order can be challenged through a motion to reopen — for example, for exceptional circumstances behind the absence, or where the hearing notice was not received (no fee is required in that case).

Removal order, voluntary departure, and relief

A case can end several ways. A removal order means an obligation to leave and a bar on returning for 5, 10, or 20 years or permanently, depending on the grounds. Voluntary departure means the person must still leave, but on their own and at their own expense within a set period (generally up to 120 days if agreed before a hearing, or up to 60 days after a decision); the key difference is that there is no automatic multi-year re-entry bar as with a removal order, and more lawful paths remain to return later. Failing to depart on time converts voluntary departure into a removal order and adds penalties. Separate from departure is relief from removal — asylum, withholding of removal, cancellation, and other grounds to stay; for asylum in court, see asylum.

Self-deportation and CBP Home: how it differs from voluntary departure

"Self-deportation" in everyday terms means leaving the United States on one's own. Since 2025, DHS has offered a specific program for this — CBP Home (Project Homecoming): through a mobile app a person submits an "Intent to Depart," and on passing vetting DHS offers a paid ticket, an exit stipend, and forgiveness of failure-to-depart fines, with reduced ICE enforcement priority before departure. This is not the same as the voluntary departure ordered by an immigration judge under the INA: CBP Home is an administrative DHS program, not a form of court relief, and the department's statements that participation "may preserve the option to return legally in the future" are not guaranteed by law.

Leaving the country — in any of these forms — permanently affects a person's immigration future; such a decision is normally made after consulting a licensed attorney.

How do I check my immigration court date?

Court dates and case status are checked by A-Number (nine digits) in the ACIS system at acis.eoir.justice.gov or through the EOIR automated hotline at 1-800-898-7180, both in English and Spanish. The system shows the next hearing, judge, location, and format. The paper notice mailed by the court remains controlling, and dates can change, so they are checked regularly.

What happens if I miss my immigration court hearing?

If a person fails to appear and notice was provided, the judge issues a removal order in absentia. That order bars voluntary departure, cancellation, and adjustment of status for 10 years, and ICE can carry it out without a new hearing. In limited circumstances it can be challenged through a motion to reopen.

What is the difference between voluntary departure and a removal order?

A removal order deports the person and bars re-entry for 5, 10, or 20 years or permanently. Voluntary departure means leaving on one's own and at one's own expense within a set period, but without the automatic multi-year re-entry bar and with more lawful paths to return. Failing to depart on time turns voluntary departure into a removal order.

What is a master calendar hearing?

A master calendar hearing is a short preliminary session in immigration court where the judge takes basic information, the respondent responds to the charges, and states what relief will be requested. The main evidentiary session that follows is the individual, or merits, hearing.

Can I reopen my case after a removal order?

In limited circumstances, a removal order — including one issued in absentia — can be challenged with a motion to reopen, for example for exceptional circumstances or where notice was not received. A judge's decision can also be appealed to the BIA within 30 days.

Official sources

    Sources we track: USCIS, DHS, EOIR, the Federal Register, and federal courts.