Immigration Court Manual: Filings, Hearings, and Appeals

The Immigration Court Practice Manual is the binding procedural rulebook for every case heard by an immigration judge, and following it is not optional: the Executive Office for Immigration Review can reject filings, waive applications, or enter removal orders when its formatting, filing, and appearance rules are ignored.¹ The manual now lives inside the broader EOIR Policy Manual and applies to judges, court staff, Department of Homeland Security attorneys, private counsel, accredited representatives, and anyone appearing without a lawyer. It governs proceedings before both the immigration courts and the Board of Immigration Appeals.

How to Format Documents for the Court

Immigration courts are strict about how evidence is organized. Every filing needs consecutive page numbers at the bottom of each page and a table of contents that lists each exhibit with its page number.² Cases that still use a paper record take alphabetic tabs starting with “A,” affixed to the right side. Cases with an electronic record of proceedings use paper separator sheets labeled “Tab A,” “Tab B,” and so on, so the pages scan cleanly.

Print on standard 8½-by-11-inch white paper in dark ink, single-sided. Legal-size paper is discouraged. A smaller original should be attached to a standard sheet or enlarged by photocopying. Illegible copies can be rejected or excluded from evidence.²

Any foreign-language document must come with a certified English translation. The translator signs a statement confirming competence in the language and attesting to the translation’s accuracy. Photocopies of signed documents are acceptable if the original can be produced on request. For documents filed electronically through ECAS, a conformed signature typed as “/S/ [Name]” is permitted when the filer is logged into the system.²

How Filing and Deadlines Work

Court documents are filed through the EOIR Courts and Appeals System (ECAS). Since February 2022, electronic filing has been mandatory for attorneys and accredited representatives at every immigration court and the Board of Immigration Appeals.³ Unrepresented respondents can file electronically through the Respondent Access Portal or on paper by mail or in person.

The court follows a receipt rule, not the mailbox rule. A document is not filed until the court physically has it in hand. A postmark date does nothing for you.⁴ Paper filings get a date stamp on the day the court receives them. Electronic filers receive automated confirmation once the system processes the upload. If a deadline falls on Friday and your envelope arrives Monday, you missed it.

Keep Your Address Current

If your address or contact information changes while a case is pending, file Form EOIR-33/IC with the immigration court within five business days.⁵ The same five-day window applies if you receive a charging document listing incorrect contact information. The court sends hearing notices to the last address on file. If a notice reaches an old address and you miss the hearing, the judge can order you removed without hearing your case. Keeping this form current is one of the most consequential things a respondent does.

Master Calendar Hearings

Cases usually begin with one or more master calendar hearings. These are short scheduling sessions, not trials. The judge turns on the recording, identifies the case, and works through a checklist: explaining the charges in the Notice to Appear, taking your pleadings on the factual allegations, identifying any relief you intend to pursue, and setting filing deadlines.⁶

The judge also advises you of your rights: the right to hire an attorney at your own expense, the right to examine the evidence against you, and the right to cross-examine government witnesses.⁷ If you need time to find a lawyer, you can request a continuance, though the judge has discretion to grant or deny it. Master calendars often feel rushed because the judge may have dozens of cases stacked on the same session, so arrive with your pleadings and any requests already thought through.

Individual Calendar Hearings

The individual calendar hearing is your trial. The judge dedicates a block of time to the merits of your case. At the start, the judge verifies your current address and phone number; if anything has changed, submit an updated Form EOIR-33/IC on the spot.⁸

Expect opening statements from both sides, presentation of evidence and witnesses, cross-examination, and closing statements. Every witness, including you, testifies under oath. The government attorney can cross-examine you and your witnesses, and you have the same right against government witnesses. The judge can ask questions at any point. If you are representing yourself, you have the same rights and obligations as a represented respondent: you can testify, call witnesses, object, and cross-examine. The judge cannot act as your attorney or give legal advice. Hearings are recorded to create the official transcript. Judges often issue oral decisions at the end, though some reserve for a written order.⁸

Requesting an Interpreter

If your English is not strong enough to participate fully, the immigration court provides an interpreter at no cost.⁹ Request one at least 30 days before the hearing. The court needs time to line up an interpreter for your specific language, and a late request can push your hearing to a new date.

What Happens If You Miss a Hearing

Failing to appear is among the worst outcomes possible. If the government proves it sent proper written notice and that you are removable, the judge can order you deported in absentia without further hearing.⁷ Once that order exists, ICE can remove you the moment it takes you into custody.

Reversing an in absentia order is difficult. There are two narrow paths:

Lack of notice. You can file a motion to reopen at any time by showing you never received proper notice. Filing it automatically pauses removal while the judge considers it. The government has a presumption that notice was delivered to your last known address, and you carry the burden of proving otherwise. This is why keeping Form EOIR-33/IC current matters.⁷
Exceptional circumstances. File a motion to reopen within 180 days of the removal order and show that something beyond your control, such as a serious illness, prevented you from appearing. The filing fee before the immigration judge is $1,065, and a waiver can be requested.¹⁰

Bond Hearings for Detained Respondents

If immigration authorities are holding you, you can ask an immigration judge to set a bond so you can be released while your case proceeds. A bond request can be made orally, in writing, or by telephone at the judge’s discretion, and there is no filing fee.¹¹¹²

The judge weighs two questions: whether you pose a danger to the community and whether you are likely to appear for future hearings. Factors include time in the United States, family ties, employment history, criminal record, prior immigration violations, and your history of appearing for court. Bond amounts start at a minimum of $1,500 with no ceiling.

If bond is denied or you want the amount lowered, you can request another hearing only if your circumstances have materially changed. That second request must be in writing.¹¹ If you are released on bond, you have seven days from release to file any request for bond redetermination; after that, the court loses jurisdiction over the bond issue.¹²

Who Can Represent You

You have the right to hire an attorney, but the government will not pay for one.⁷ Any attorney representing you must be a member in good standing of a state bar and must file Form EOIR-28 to enter an appearance.¹³

Attorneys are not the only option. Accredited representatives who work for or volunteer with EOIR-recognized nonprofit organizations can also appear on your behalf, but only if they hold full accreditation. Partial accreditation covers appearances before U.S. Citizenship and Immigration Services, not immigration court.¹⁴ All representatives are subject to EOIR’s professional conduct rules, and violations can lead to discipline or suspension from practice. If you cannot find or afford representation, you proceed pro se.

Continuances and Change of Venue

To postpone a hearing, file a motion to continue. The EOIR Policy Manual strongly prefers a written motion over an oral one. Explain in detail why you need the delay, include the date and time of the scheduled hearing, and suggest alternative dates. The court retains full discretion and may pick a date that suits its calendar, not yours.¹⁵

Filing the motion does not excuse you from appearing. Until the judge grants it, you must show up at every hearing as originally scheduled. A motion to change venue works the same way: submit it in writing with supporting documentation, your current mailing address, an updated Form EOIR-33/IC if your address has changed, and a detailed explanation of good cause. The judge decides based on that showing.¹⁵

Filing Fees

Several actions carry fees:

Appeal of an immigration judge’s decision to the BIA: $1,030
Motion to reopen or reconsider before the BIA: $1,030
Motion to reopen or reconsider before an immigration judge: $1,065
Bond appeal: no fee
Annual Asylum Fee: $102 per year for anyone whose asylum application has been pending for one year or longer

Fees are paid through the EOIR Payment Portal at epay.eoir.justice.gov or by check or money order made out to “U.S. Department of Justice.” Fee waivers can be requested on Form EOIR-26A, which requires an affidavit about your finances. No waiver is available for the Annual Asylum Fee.¹⁰

Appealing to the Board of Immigration Appeals

If you lose your case, you can appeal to the Board of Immigration Appeals on Form EOIR-26. The Board must receive the form within 30 calendar days of the judge’s oral decision, or within 30 days of the mailing date of a written decision.¹⁶ The receipt rule applies to appeals too. Mailing on day 30 does not preserve your rights; the Board must physically hold the form before the deadline expires.¹⁷

Complete the form in English and answer every field. Include the names and alien registration numbers of all respondents, your current mailing address, and the signature of the person appealing. The proof of service section must be completed and signed, confirming that you sent a copy of the appeal to the opposing party (usually the ICE Assistant Chief Counsel). If you file through ECAS and the opposing party also uses ECAS, separate service is not required, but you still sign the proof of service.¹⁷

Include the $1,030 filing fee or a completed Form EOIR-26A fee waiver request. Missing the fee without a waiver request can result in dismissal.¹⁰ If an attorney is handling the appeal, Form EOIR-27 (the BIA entry of appearance) is filed alongside the notice. Bond appeals carry no filing fee, which makes them one of the few free actions in the system.

1
Executive Office for Immigration Review. Immigration Court Practice Manual
2
Executive Office for Immigration Review. OCIJ Immigration Court Practice Manual 2.3 – Documents
3
Executive Office for Immigration Review. EOIR Courts and Appeals System (ECAS) – Online Filing
4
Executive Office for Immigration Review. OCIJ Immigration Court Practice Manual 2.1 – Delivery and Receipt
5
Executive Office for Immigration Review. Change of Address Form (EOIR-33/IC)
6
Executive Office for Immigration Review. OCIJ Immigration Court Practice Manual 3.14 – Master Calendar Hearing
7
Office of the Law Revision Counsel. 8 USC 1229a – Removal Proceedings
8
Executive Office for Immigration Review. OCIJ Immigration Court Practice Manual 3.15 – Individual Calendar Hearing
9
Executive Office for Immigration Review. OCIJ Immigration Court Practice Manual 3.10 – Interpreters
10
Executive Office for Immigration Review. Types of Appeals, Motions, and Required Fees
11
eCFR. 8 CFR 1003.19 – Custody/Bond
12
Executive Office for Immigration Review. OCIJ Immigration Court Practice Manual 8.3 – Bond Proceedings
13
Executive Office for Immigration Review. EOIR Policy Manual 5.3 – Entering an Appearance as the Practitioner of Record
14
Executive Office for Immigration Review. Can Someone Represent You Before EOIR?
15
Executive Office for Immigration Review. OCIJ Immigration Court Practice Manual 4.10 – Other Motions
16
eCFR. 8 CFR 1003.38
17
U.S. Department of Justice. Notice of Appeal from a Decision of an Immigration Judge (Form EOIR-26)