You can tell you’re in removal proceedings if the Department of Homeland Security has served you with a Notice to Appear (Form I-862) and filed it with an immigration court. If you’re not sure whether that has happened, you can check for free using your nine-digit Alien Registration Number (A-Number) through the Executive Office for Immigration Review’s online portal or its 24-hour automated hotline.
The Notice to Appear Is the Starting Document
The Notice to Appear, or NTA, is the charging document DHS uses to begin removal proceedings. It functions somewhat like an indictment in criminal court: it identifies you, lists the factual allegations against you, and cites the legal grounds DHS is relying on to argue you are inadmissible or deportable.1Executive Office for Immigration Review. The Notice to Appear Federal law requires DHS to serve it on you in person when possible, or by mail to you or your attorney if personal service isn’t practicable.2Office of the Law Revision Counsel. 8 USC 1229 – Initiation of Removal Proceedings
An NTA will show your full name, date of birth, and A-Number. It sets out factual allegations about your immigration history, such as how and when you entered the United States, and states the specific legal charges. It also tells you that you have the right to hire an attorney at your own expense and warns you about the consequences of not showing up at hearings.2Office of the Law Revision Counsel. 8 USC 1229 – Initiation of Removal Proceedings
The NTA may or may not include an actual hearing date. Many are issued with a blank date and time, and the immigration court sends a separate hearing notice once your case is placed on the calendar. That gap can last months or years, depending on backlog. You are technically in proceedings during that wait even though nothing is scheduled yet.
Served Is Not the Same as Filed
Here is the wrinkle that catches people out. Receiving an NTA does not automatically mean a case is pending against you in immigration court. DHS also has to file the NTA with the court to formally start proceedings. If DHS serves you but never files, no case is pending, no hearings are scheduled, and the court cannot accept filings from you.3Department of Justice. Notice – Failure to Prosecute – No Case Currently Pending Before the Executive Office for Immigration Review
That does not make the NTA harmless. DHS can file it later or issue a new one. Hold onto the document and keep checking the court system to see whether your case has been docketed.
Other Documents That Confirm You’re in Proceedings
The NTA isn’t the only paperwork that signals an active case. Two others commonly appear.
A Notice of Hearing in Removal Proceedings comes from the immigration court itself, not DHS. It tells you the date, time, and location of your next appearance. If your NTA had a blank hearing date, this notice is how you learn when to show up. Receiving one means DHS filed your NTA and the court has calendared your case.
A Notice of Custody Determination (Form I-286) is issued if Immigration and Customs Enforcement has taken you into custody. It explains why you’re being detained and what bond amount, if any, has been set for your release. If you’ve received one, you are in proceedings.
How to Check Your Case With Your A-Number
Your A-Number is a nine-digit number that appears on virtually any immigration document you’ve ever received, including the NTA itself, work permits, and visa application receipts. With it, you can check your case status through two free EOIR tools.
The EOIR Respondent Access Portal at respondentaccess.eoir.justice.gov lets you look up hearing dates, court locations, assigned judges, and case decisions by entering your A-Number. No login is required for basic case information.4Executive Office for Immigration Review. EOIR Respondent Access – Home
The automated hotline at 1-800-898-7180 runs 24 hours a day, 7 days a week. Select your language, enter your A-Number, and the system will read back your next hearing date if one exists.5Executive Office for Immigration Review. Customer Service Initiatives
If the system says “no record found,” that usually means DHS has not yet filed the NTA with the court. It does not mean you’re in the clear if you’ve been served with one. DHS may file later. Check back periodically.
ICE Check-Ins Are Not the Same as Court Hearings
Many people in removal proceedings also have ICE reporting appointments, sometimes called check-ins. These are not immigration court hearings. Check-ins are appointments with the enforcement agency; court hearings happen before an immigration judge in a separate branch of the government.6ICE Portal. ICE Field Office Check-Ins Having an ICE check-in on your calendar does not, by itself, tell you whether you’re in proceedings before an immigration judge. You still need to confirm through EOIR. Missing either kind of appointment carries serious consequences, and they are tracked by different systems, so keep separate calendars if you have both.
What to Do Once You Confirm You Are in Proceedings
If EOIR shows an open case, three things need attention right away.
Keep Your Address Current
You are required to notify the immigration court in writing within five days of any change of address, using Form EOIR-33.7eCFR. 8 CFR 1003.15 – Contents of the Order to Show Cause and Notice to Appear This is not a minor administrative detail. If the court sends hearing notices to an old address and you don’t appear, the judge can order you removed without you in the room. File EOIR-33 with the immigration court where your case is pending and keep a dated copy.
Don’t Miss a Hearing
If you fail to appear at a scheduled hearing after receiving proper written notice, federal law requires the immigration judge to order you removed in your absence. The government only has to show by clear and convincing evidence that you were notified and that you are removable. An in absentia removal order also bars you from certain forms of legal relief for 10 years.8Office of the Law Revision Counsel. 8 USC 1229a – Removal Proceedings
Get Legal Advice Before Your First Hearing
Immigration proceedings are civil, not criminal, so the government will not appoint a lawyer for you. Federal law guarantees your right to be represented, but at your own expense.9Office of the Law Revision Counsel. 8 USC 1362 – Right to Counsel At your first hearing, you’ll be asked to admit, deny, or plead ignorance to each factual allegation on the NTA, and to concede or contest the legal charges. Admitting the wrong allegation can close off defenses you’d otherwise have, which is why talking to a lawyer beforehand matters.
If you can’t afford a private attorney, EOIR maintains a list of nonprofit organizations and attorneys who provide free legal services to people in immigration proceedings, organized by court location and updated quarterly. You’ll receive a copy at your first master calendar hearing, but you can also access it on the EOIR website before your hearing date.10Executive Office for Immigration Review. List of Pro Bono Legal Service Providers Contact these providers early. Demand for free immigration legal services far exceeds supply and many have waitlists.