Written by ASAP’s expert immigration lawyers · Updated
The situation for asylum seekers in immigration court is rapidly changing and becoming more difficult. The government is ending some cases in immigration court before the asylum seeker receives a full hearing, and arrests in immigration court have become more common. Read more below. 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.
What to know before an immigration court hearing
Why are some immigration court cases in 2025 ending without a full asylum hearing?
What happens if I do not attend my immigration court hearing?
Can I be deported to a country that is not my country of origin?
Applying for asylum in immigration court
Different immigration court outcomes and possible steps
The judge denied or ended my asylum case, and I want to appeal the decision.
I received a deportation order because I missed an immigration court hearing.
Other information
Why are some immigration court cases in 2025 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. Learn more here. If the government lawyer says you should be sent to a third country 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. You may want to get help from a lawyer.
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: You can find the most up-to-date information about the annual asylum fee in immigration court here. 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. Learn more.
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.
Can I be detained during the immigration court process? How can I prepare for the possibility of detention?
Yes. The government can detain anyone who has an immigration court case, but detention is more likely if your immigration court is ended.
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.
If you are going to a hearing, you can prepare for the possibility of detention. 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 are going to a hearing, you can plan to arrive early for your hearing (at least 1 hour before your scheduled time). Bring your hearing notice with you. You will need to go through a security check before you enter the immigration court, and there may be a long line. 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 to go to.
Learn more about immigration detention.
Is it possible to request a virtual (online) hearing?
Yes, but the request may be denied. Whether the request is granted 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.
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 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 try to share more information that applies to your case – below are some examples. However, please know that it may be difficult to stop a judge from ending your case. The chances of success will depend on many factors, including the location of your court and your judge.
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 judge says you need to pay the annual asylum fee, please check the most up-to-date information about the annual asylum fee in immigration court here. ASAP members have filed a lawsuit about the annual asylum fee and the information is rapidly changing.
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 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 for more time to respond to the government’s request.
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.
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 December 2025.
If you have a pending asylum case in immigration court:
The U.S. government is trying to dismiss some immigration court cases so it can send immigrants to third countries without giving them a full chance to apply for asylum in the United States. There have been reports of this happening across the country, to some people who have asylum cases in immigration court and arrived in the U.S. on or after November 19, 2019.
If the government lawyer 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. You may also want to get help from a lawyer.
This started to happen in fall 2025 based on agreements between the U.S. government and other countries called “asylum cooperative agreements” (ACAs). The following countries have signed ACAs with the United States as of December 2025: Belize, Ecuador, Guatemala, Honduras, Paraguay, and Uganda. Each agreement has different terms. Learn more about what is currently known about each agreement here.
Immigrants are fighting against this policy through a lawsuit.
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.
If you are detained and you are told you could be sent to another country, and if you are afraid to be sent to that country, tell as many immigration officers as possible. You can try to get help from a lawyer.
The following countries have agreed with the United States to accept deported people who are not their own citizens: Costa Rica, El Salvador, Equatorial Guinea, Eswatini, Ghana, Guatemala, Kosovo, Liberia, Libya, Mexico, Panama, Poland, Rwanda, South Sudan, and Uzbekistan. After immigrants are sent to these countries, those countries may then try to send them back to their countries of origin. Each agreement has different terms. Learn more about what is currently known about each agreement here.
Immigrants are fighting against this policy through a lawsuit.
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.
If the government does not try to end my case early, what should happen at my “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, arrests and detention have increased at master calendar hearings. The government has also been trying to end some cases at master calendar hearings, before the person has a chance to present their full asylum case. However, if this does not happen, and your master calendar hearing proceeds as normal, it should be a very short hearing.
Information about standard master calendar hearings is below:
The judge should ask you some initial questions about your case, and schedule you for your next hearing. The judge may give you specific deadlines to file your asylum application and your evidence. It is important to follow those deadlines if you would like to pursue your asylum case.
If your master calendar hearing is in person instead of by internet, when you arrive for your hearing, the courtroom may be crowded. This is because the judge usually has multiple master calendar 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.
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.
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.
If I am able to have a full “individual” hearing to present my asylum case, what happens at that hearing?
In 2025, the government is 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.
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.
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.
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, ICE can detain you at the end of the hearing. 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.
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. 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.
Immigration courts often reschedule hearings so it can help to check the system regularly. You should also receive a hearing notice with the date and address of your next hearing by mail.
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. However, in 2025, some cases are ending without the asylum seeker having a chance to present their full case, and arrests and detention at immigration court hearings have increased.
Learn more about common messages on the immigration court hotline or website and what they mean.
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, in 2025, the government is ending some cases in immigration court before an asylum seeker can receive a full hearing on their asylum case. Arrests and detention at immigration court hearings have also increased.
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 very short preliminary hearing. You may have more than one master calendar hearing. However, in 2025, some asylum cases are ending at Master Calendar Hearings without a chance to present the full case. Arrests and detention at Master Calendar hearings have also increased.
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.
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.
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, in 2025, some asylum cases are ending without a chance to present the full case. Arrests and detention at Individual hearings have also increased.
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 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). You will 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).
The judge denied or ended my asylum case. How do I appeal?
If the immigration judge denies your asylum case after a full hearing, 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”). To appeal, you must take the first step and pay the fee within 30 days of the judge’s decision. Continue reading for more details on the BIA appeal process.
If you decide to appeal the decision to the BIA, you can continue to use your work permit and you should not be deported while your appeal is pending. However, even if you appeal the judge’s decision, you could be detained during the appeal process.
If you decide not to appeal the decision to the BIA within 30 days, your deportation order will become final and you could be deported. Your work permit will also end automatically. (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.)
There are options other than appealing that might make sense in a specific case, such as filing a Motion to Reopen. Some common reasons for filing 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.
Here are the steps of the BIA appeal process:
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.This form requires a fee, $1010 as of July 2025. 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. 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.
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.
You can also read this guide about BIA appeals.
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.
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 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.
I received a deportation order because I missed my immigration court hearing. What can I do?
If you missed an immigration court hearing, you most likely received a deportation (removal) order. But if you want to continue to pursue your immigration case in the U.S., 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.
Whether you have to pay a fee depends on the reason you missed your hearing. If you never received a notice about your hearing or want to reopen your case only to apply for asylum, you do not have to pay a fee. However, if you missed your hearing because of a different reason (such as an illness or an accident), you must pay a fee of $1,045 as of July 2025. You can check the fee amount and pay the fee by choosing “Court - Motion to Reopen/Reconsider before the IJ” from the menu at this court payment website. If you cannot afford the fee, you can complete a Fee Waiver Request (Form EOIR-26A). You can also read this guide about fee waivers in immigration court published by another organization.
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.
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.
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.
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 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 November 2025, 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. If you would like to choose that option, you can read about things to consider before leaving here. You can also read this guide about using CBP Home to self-deport. You may also want to talk to an immigration lawyer in your area.
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.