Immigration Court Process, Including Appeals and Deportation Orders
If you have a case in immigration court, you can apply for asylum by submitting an asylum application to the court. This is sometimes called the “defensive” asylum process. If you want to pursue your case, it is important to attend all of your immigration court hearings. While your case in immigration court is pending, you cannot be deported.
Scroll down or click on the links below to read questions and answers from the Asylum Seeker Advocacy Project (ASAP).
What are the steps of the asylum process in immigration court?
What should I do if there is no upcoming hearing listed in my case?
What should I do if my case is not on the immigration court hotline or website at all?
What will happen during my first hearing in immigration court?
What will happen during my next master calendar court hearings?
What can I do if the judge denies my asylum case? How do I appeal?
If the Board Immigration Appeals (BIA) denies my appeal, what can I do?
I have a deportation order but I did not miss any of my immigration court hearings. What can I do?
What does it mean to have my case closed in immigration court?
How do I know if I have a case in immigration court?
Read here if you are not sure if you have a case in immigration court.
What are the steps of the asylum process in immigration court?
If you have a case in immigration court, you can apply for asylum by submitting an asylum application (Form I-589) to the immigration court and attending all your court hearings. The immigration court sends important information by mail, so it is important to update your address if you move!
Here are the general steps of the immigration court process:
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 every week to learn when you have your first court hearing scheduled. The first hearing is called a “master calendar hearing” and is usually very short. You may have more than one master calendar hearing depending on your situation (for example, if you ask for more time to find an attorney). Keep checking the immigration court system every week because your hearing can be suddenly rescheduled to another date.
Attend all your immigration court hearings. If you miss a hearing, the immigration judge will most likely order your deportation.
Review the requirements for asylum and if you decide to apply for asylum, submit your asylum application (Form I-589) to the immigration court and the government attorney. It is a good idea to ask the immigration court to stamp the date on an extra copy of your asylum application to save for your records, although this is not required. Generally, you must submit your asylum application within one year of arriving in the United States but there are some exceptions.
If necessary, USCIS will mail you a notice for a biometrics appointment to collect your fingerprints. Take your notice to your biometrics appointment. Most asylum seekers in immigration court are not required to have a biometrics appointment.
You can apply for a work permit. Asylum seekers can apply for a work permit 150 days after they submit their asylum applications.
After receiving your asylum application, the immigration court should schedule an “individual hearing.” This is a longer hearing to explain more about your asylum case.
(Please note: On April 14, 2025, the U.S. government announced that immigration judges can now deny asylum without having an individual hearing – if the judge thinks the asylum case is not strong enough. We do not yet know what will happen in practice.)
Submit evidence in writing to support your asylum case before your individual hearing. The immigration judge should tell you a deadline for doing this.
Go to your individual hearing and present your asylum case.
After the individual hearing, the immigration judge will 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 you asylum, you and family members that you included in your asylum application will receive asylum. If an immigration judge decides not to grant you asylum, you can contest the judge’s decision by starting an appeal to the Board of Immigration Appeals within 30 days.
How long does the immigration court process take?
The length of an immigration court case can vary a lot. If you apply for asylum, your case can sometimes take several years to be completed. Other times, it can take less than one year. The length of time your case takes does not mean anything about whether or not you will win asylum.
It is important to remember that you cannot be deported while your case is still pending. However, if you miss an immigration court hearing, you will most likely receive a deportation order. Please remember to check your case status, keep your address updated, and attend all hearings. If you would like help with your case, you can look for legal assistance here.
When is my next hearing in immigration court?
To learn the date and time of your next hearing, you can check the immigration court system. The system should also tell you whether your hearing will be in person at an immigration court, or “internet-based,” which means you can join online. You should keep checking every week to make sure you know when your next hearing will be, because immigration courts often reschedule hearings.
You can either call the court’s automated hotline (see this flyer), or check your case status online (see this flyer).
To call the immigration court’s automated hotline, call 1-800-898-7180. Press 1 for instructions in English or 2 for instructions in Spanish. Enter your A Number when asked. Enter 1 to confirm that your A Number is correct. If the system then spells out your name, that means your information is in the system. Enter 1 to confirm your name. Next, press 1 to check when your next hearing is and what type of hearing it is. You can also seethis flyerfor detailed instructions on calling the hotline.
To check the immigration court system online, go to the website acis.eoir.justice.gov. Enter your A Number and click “Submit.” If the next page shows your name, that means your information is in the system. You should be able to see when your next hearing is and what type of hearing it is, under “Next Hearing Information.” You can also seethis flyeron how to use the immigration court website.
If you try the options above but you are confused, you can also try calling your specific immigration court. You can find the (scroll down the page and click on the name of the court, or search by entering your zip code).
Finally, you should also receive a hearing notice with the date and address of your next hearing. It should also say whether your hearing is in person or internet-based (online). Your first hearing notice will be mailed to the address that the immigration court has for you. If you moved to a different address, make sure to update your address.
What should I do if there is no upcoming hearing listed in my case?
What if you check the immigration court website or call the immigration court hotline (1-800-898-7180) and your case is in the system but there is no upcoming hearing? Your next steps depend on what the system says about your case.
If the system has your information, but you do not have an upcoming hearing, you should keep checking the system every week to make sure you do not miss any hearings or information. You can also try calling your specific 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 the system says that the immigration judge ordered removal, and you never had an individual hearing, you most likely received a deportation order because you missed a hearing. But there are still actions you can take! Read more here about your options after receiving a deportation order. You may also want to find legal help.
If the system says that the immigration judge ordered removal, and you already had your individual hearing, that most likely means the judge made a negative decision on your asylum case. But you can continue to contest your case and appeal to the Board of Immigration Appeals (BIA) within 30 days of the decision! You cannot be deported while your appeal is pending.
If the system says that your case has been dismissed, that most likely means that the judge closed your case without making a final decision. Dismissal is not the same as deportation. Because there was no final decision, you did not receive a deportation order. If you want to continue to seek asylum and apply for a work permit, you must take additional steps. Read more about what will happen after your case is dismissed.
Finally, if you have 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).
What should I do if my case is not on the immigration court hotline or website at all?
If you check the immigration court system and your information cannot be found, there are a few steps you can take.
First, keep checking the immigration court system every week! Sometimes it takes several months or more for your information to appear in the system. The immigration court should eventually schedule you for your first hearing, known as a master calendar hearing. Check your case status every week so that you learn when your hearing is scheduled.
Second, 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. 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 able to confirm with the immigration court before the scheduled hearing date, you should plan to attend the hearing on that date.
If you do not have an NTA and your information is not in the system, you may not have an immigration court case and you may be able to apply for asylum with USCIS instead. Read here if you are not sure if you have an immigration court case.
Third, if you want to apply for asylum, you can submit your asylum application (Form I-589) to USCIS. 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.
Fourth, consider asking the government attorney not to start your immigration court case. You can call the government attorney’s office for more instructions about how to make this request. Find phone numbers here. If the government attorney agrees to not start your immigration case, you can still mail your asylum application to USCIS within 1 year of arriving in the United States, and continue your asylum process with USCIS.
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.
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.
What should I know before going to the immigration court?
You should plan to arrive early for your hearing (about 1 hour before your scheduled time). You will need to go through a security check before you enter the immigration court, and there may be a long line. Many immigration courts do not allow food or drinks.
The immigration court is usually located in a building with other government offices. You can check your hearing notice to see which floor and room you need to go to. Often, an immigration court has multiple courtrooms. Make sure that you go to the correct courtroom.
What should I know before an “internet-based” hearing?
If the immigration court system says you have an “internet-based” hearing, that means your hearing will be online. You will need to join a video link from a phone or a computer at the time of your hearing. It is very important to attend your hearing if you want to pursue your case!
Most people without lawyers are scheduled for in-person hearings. However, some people are also scheduled for court hearings online. Whether your hearing is in-person or online should not affect your immigration case.
How to prepare for the online hearing:
The week before your online hearing, check the immigration court website or call the immigration court hotline at 800-898-7180 to learn the name of your immigration judge and confirm that your hearing is “internet-based.”
Make sure you have a phone or a computer that you can use for the online hearing, and a private space with good internet connection that you can use on the day of the hearing.
Make sure you have an email address you can use to sign into the online hearing. If you need to, you can make a new free email address by following these instructions.
Download a free video chat application called Webex on the phone or computer you plan to use. To download Webex, go to this immigration court page, find your immigration judge, and click on the “Internet-Based Hearing Link.” The Webex application should start downloading automatically. Do not click “Join meeting” until the day of your hearing.
What to do on the day of the online hearing:
On the day of your hearing, make sure that you are in a private space with good internet connection. Have your immigration documents next to you in case you need them.
Try to sign in to Webex one hour before the hearing in case you have any technical problems.
Click on the link for your immigration judge on this immigration court page. You will need to scroll down until you see your immigration court and judge.
Enter your full name as it appears on your immigration documents, and your email address.
Then, click “Join as a guest.”
Finally, click “Join Meeting” to attend your online hearing.
The immigration judge may have multiple hearings scheduled at the same time, so there may be other people logged in for their hearings. You may have to wait several hours before your name is called for your hearing.
If you have problems joining your online hearing, or you lose connection during your hearing, you should contact the technical support staff at your immigration court immediately to report the problem and request assistance. You can find their contact information here.
If you do not attend the hearing and you did not try to contact technical support, an immigration judge will likely give you a deportation order.
What will happen during my first hearing in immigration court?
During your first hearing, the judge should ask you some initial questions about your case, and schedule you for your next hearing. The first hearing is usually very short.
It is very important to attend your first hearing in immigration court if you want to pursue your case! If you do not go, an immigration judge will likely give you a deportation order.
When you arrive for your first hearing, the courtroom may be crowded. This is because the judge usually has multiple hearings scheduled at the same time. You may have to wait several hours before your name is called for your hearing.
The immigration court should provide you with an interpreter for your hearing if English is not your best language. 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.
It is not necessary to bring a lawyer to the hearing. 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. However, if you ask the judge for more time and have already applied for asylum, it could delay your work permit application. If you do have a lawyer, you can talk to your lawyer about your specific case.
You should bring your children to your first hearing if your children are included in your case. During the first hearing, you can ask the judge if you need to bring your children to your next hearing. You should continue to bring your children to each hearing until the judge says you do not have to bring them.
This first hearing is also known as a “master calendar hearing.” Depending on your case, you may have just one master calendar hearing, or you may have multiple master calendar hearings.
What will happen during my next master calendar court hearings?
Depending on your case, you might have more “master calendar” hearings after the first hearing. These master calendar hearings are usually very short, and the immigration judge will ask you initial questions. You normally do not discuss the details of your asylum case during a master calendar hearing. The next step after the master calendar hearings is an individual hearing, when you explain your asylum case.
The most important thing is to go to these immigration court hearings! If you do not go to a hearing, an immigration judge can give you a deportation order.
If you do not have a lawyer, you can ask the judge for more time to find a lawyer. You can still do this even if you had already asked the judge for more time to find an attorney during your first hearing. The judge may ask you what efforts you made to find an attorney, so you should come prepared with an answer. For example, you can bring a written list of all the places you have called to look for representation. If you ask the judge for more time to find an attorney, and have already applied for asylum, it could delay your application for a work permit. This page can help you to look for an attorney in your area.
If you asked the judge during the first hearing if you needed to bring your children to your hearings, and the judge said no, then you do not need to bring your children to the hearing.
But if the judge did not tell you whether or not you needed to bring your children, then it is better for you to go with your children, if your children are included in your case. During the hearing, you can ask the judge if you have to bring your children to the next hearing. You must bring your children with you until the judge says you do not have to bring them.
If you want to seek asylum and are ready, you can submit your asylum application (I-589) during your hearing. If you are not ready yet, you can submit it later, at another master calendar hearing, by mail, or at the immigration court window. If you want to seek asylum, you should generally submit the application within one year of arriving in the United States.
What will happen during my merits or individual hearing?
The individual hearing is also known as the merits hearing. During this hearing, you will present your asylum case to the judge. You will explain your story and your reasons for seeking asylum. You may also present evidence such as documents and witnesses to support your case.
During an individual hearing, 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 will decide if you will be granted asylum. You can also review the requirements for asylum.
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.
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. These resources from other organizations can help you prepare for your individual hearing: Guide 1 and Guide 2.
Remember that if the judge denies your case during the merits hearing, you still have the right to contest that decision by appealing your case to the Board of Appeals (BIA). You cannot be deported while your appeal is pending. 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. Saying no will make the judge’s decision final.
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.
What is the asylum clock?
The asylum “clock” is a tool that USCIS and the immigration court use to count the number of days since you submitted your asylum application.
When you have 150 days on your clock, you can apply for a work permit. When you have 180 days on your clock, you can receive a work permit.
However, the clock can “stop” and “re-start” at different points in your case, so it may take more than 150 calendar days before you can submit your application for a work permit. Read the question below to learn how to check your clock. You can also watch this video about the asylum clock.
How do I find out how many days are on my asylum “clock” if I am applying for asylum in immigration court?
If you submitted your asylum application to the immigration court, you can call the immigration court hotline to check how many days are on your asylum “clock.” The clock measures the number of days that have passed since you submitted your asylum application (Form I-589) to the immigration court.
Call the court hotline at 1-800-898-7180, press 1 for instructions in English, enter your A number, enter 1 to confirm your A number, enter 1 to confirm your name, and then enter 2 to learn the number of days on your clock. This flyer explains how to call the immigration court hotline in more detail. You can also watch this video about the asylum clock.
The immigration court can “stop” and “re-start” your asylum clock for different reasons. You would know that there is a problem with your clock if you call the immigration court hotline and the number of days does not seem correct, or the hotline says “there is no clock.”
Your asylum clock could stop if:
You asked for more time to find a lawyer.
Your lawyer asked for more time to prepare your case.
The immigration court staff made a mistake.
If your clock has been stopped, read about what you can do.
What happens if the judge grants asylum?
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 could appeal the immigration judge’s decision to the Board of Immigration Appeals (“BIA”). They 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.
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. Find more information on this USCIS website.
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.
What can I do if the judge denies my asylum case? How do I appeal?
First, it is important to know that your case does not have to end here! If the immigration judge denies your asylum case, you still have the right to contest this decision by appealing to the Board of Immigration Appeals (“BIA”). To appeal, you must take the first step within 30 days of the judge’s decision, and then you cannot be deported while your appeal is pending. However, if you decide not to appeal the case, your deportation order will become final and you could be deported.
You can also read this guide.
Here are the steps of the appeal process:
1. 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 use this table to look up the address for that government attorney (OPLA) for your immigration court.
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.
This form requires a fee of $110. 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.
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, clicking on “EOIR 26 – Notice of Appeal from a Decision of an Immigration Judge,” and then choosing your language.
2. Check the immigration court system to make sure the BIA received your Notice of Appeal. 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. Or you can call the BIA directly at 1-703-605-1007.
3. 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. It can take several months for this notice to arrive, but you should start preparing as soon as you can. The BIA should also send you a written record of your immigration court case, including a script of what happened at your court hearings. In general, there are no in-person hearings when you appeal to the BIA. The entire process happens in writing.
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 are unable to find an attorney to represent you in your appeal, you can still move forward and represent yourself.
If the Board Immigration Appeals (BIA) denies 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.
I missed my immigration court hearing. What can I do?
If you missed an immigration court hearing, you most likely received a deportation order. But you may still have options. There are steps you can take to try to reopen your case.
First, it is important to check the immigration court system online or by phone to confirm. To check online, enter your A Number on this website. You can see this flyer for detailed instructions on how to use the immigration court website. To 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. You can see this flyer for detailed instructions on how to call the immigration court hotline.
If the system says that you received a deportation order, it is still possible to try to reopen your case. You will need to file a document called a “motion to reopen” with the immigration court.
If you want to try to reopen your case, it is important to begin this process immediately. A motion to reopen can take time to prepare. And it is more likely that you will be able to reopen your case if you file your request within 6 months of the hearing you missed.
Filing a motion to reopen your case can be a complicated process, and you may wish to seek help from a lawyer. Search for a lawyer here. If you decide to file a motion to reopen without a lawyer, you can use this template motion to reopen from the immigration court.
I have a deportation order but I did not miss any of my immigration court hearings. What can I do?
If you have a deportation order that is NOT because you missed an immigration court hearing, you can talk to a lawyer to see if it is possible to reopen your case. You can search for a lawyer here. You can also read this guide about reopening your case.
What does it mean to have my case closed in immigration court?
Closing a case in immigration court means that you no longer have an active immigration court case with scheduled hearings. While your immigration court case is closed, you will not be able to pursue asylum or other forms of immigration relief in immigration court.
Please note: The information below is for people who have an open immigration court case. If you received a Notice to Appear but your case does not appear on the immigration court hotline or website, read here instead.
Your immigration court case can be closed permanently or temporarily:
1. Permanent closure, called “termination” or “dismissal”:
What is it: When your case is terminated or dismissed, it is permanently ended, although a new case could potentially be started against you in the future.
Why does it happen: Your case may be terminated if, for example, the government made serious mistakes in your documents. Your case could also be dismissed if the government asks the judge to close your case.
How does it happen: The government may decide to permanently close and request that the judge do so. The judge will make the final decision about whether to close your case. If the government tries to dismiss your case and you do not want your case dismissed, tell the immigration judge clearly. If you want to seek asylum, tell the judge. You can also try to ask for more time to reply.
Can I be deported: It is possible that even after your immigration court case is dismissed, the government could start another immigration court case against you. Also if you have been living in the United States for less than 2 years and you did not enter with a visa, the government could detain you and put you in a faster deportation process called “expedited removal” instead of an immigration court case. Learn about expedited removal and detention.
Next steps: If you have another application pending with USCIS such as TPS, you can continue with that process. If you submitted an asylum application in immigration court, your asylum case has ended, without a final decision, but you may be able to apply for asylum again with USCIS. If you received a work permit based on your asylum application, you can keep using it until it expires. You will not be able to renew it, unless you apply for asylum again with USCIS. Read here for more information.
2. Temporary closure, called “administrative closure”:
What is it: When your case is administratively closed, it is paused. You will not be scheduled for any 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.
Why does it happen: Immigration judges often give administrative closure to people who have submitted a different immigration application to USCIS, such as TPS, a U-visa, or a family-based application. Administrative closure gives people time to wait for decisions on those other applications.
How does it happen: The government may decide to administratively close your case without you requesting it, or you can request administrative closure.
Can I be deported: The government can ask the immigration judge to re-open your immigration court case. If your case becomes active again, you should not be deported unless the immigration judge orders your deportation.
Next steps: If you already applied for asylum, the judge will not make any decisions on your asylum application while your case is administratively closed. It is temporarily paused. If you received a work permit based on your asylum application, you can keep using it. 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. This means that you will not be able to apply for your first work permit until your case is active again and the asylum clock reaches 150 days. Read here for more information.
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.
To make this request, 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.
Note: This information is for adults who are seeking asylum in the United States without a lawyer. We hope this information helps you navigate the immigration process. This information is not intended to be legal advice and ASAP is not your lawyer. To look for legal assistance, visit ASAP’s find help page.