Currently, there is a backlog of over 3 million cases in Immigration Courts (Imm Courts) across the country. The backlog has tripled since 2019, growing by more than one million cases in the last year alone.
What is your best strategy for winning your case in Court? Immigration Judges determine whether you are subject to deportation and rule on applications for asylum, adjustment of status, cancellation of removal and various types of waivers.
Although you can represent yourself in your immigration proceedings, the U.S. Department of Justice strongly recommends that you find a lawyer or accredited representative for your immigration case. Doing so can greatly increase the chances that you will win your case.
Attorney Carl Shusterman is a former INS Attorney (1976-82). Over the past 15 years, Attorney Jennifer Rozdzielski has won many deportation cases in Court, before the Board of Immigration Appeals and in the U.S. Court of Appeals for the 9th Circuit.
Many Judge’s calendars are backlogged for 3 years or more. A Judge’s decision may be appealed to the Board of Immigration Appeals (BIA). The Courts and the BIA are part of the Executive Office for Immigration Review (EOIR). Generally, a wrongly-decided BIA decision can be appealed to the appropriate U.S. Court of Appeals and from there to the US Supreme Court.
You can stay up-to-date with immigration laws and procedures by subscribing to our Free E-Mail Newsletter.
Client Reviews
A Life Changing Law Firm
“My family and I were clients of Mr. Carl Shusterman and I can honestly say that he had a tremendous impact on our lives – a very positive one. Even when my parents had been denied and they had been told to pack and get out of this country, Mr. Shusterman rushed to find an alternative in order to ensure that my parents could stay.”
- Diana Cabrera, Reno, Nevada
Read More Reviews
Zoom Consultations Available!
This page is divided into the following subsections:
- Winning Your Case in Imm Court Videos
- Information About the Imm Courts
- Reports
- TRAC Immigration Reports
- Practice Advisories
Related Pages
- Deportation Defense Guide
- Asylum Guide: Helping You Win Your Case
- Cancellation of Removal for Permanent Residents
- Cancellation of Removal for Non-LPRs
- Criminal Offenses
- Appealing Your Case to the BIA
Winning Your Case in Immigration Court Videos
Winning Your Case in Imm Court
Learn how to win your case before an Immigration Judge. The government must first prove that you are deportable from the US. Even if you are, you may be eligible to apply for relief from removal. Examples of relief from removal include adjustment for status, waivers, asylum, withholding of removal, the Convention Against Torture, cancellation of removal and registry.
Cancellation of Removal for Non-Permanent Residents
This video explains the basic process of applying for “Cancellation of Removal” for persons who are not permanent residents of the United States, legal jargon for obtaining permanent residence from an Immigration Judge.
Asylum: Winning Your Case
A person with a “well-founded fear” of persecution if they return to their home country may apply for asylum before the USCIS and a person in removal proceedings may apply for asylum before an Immigration Judge. Such persons may also be eligible for withholding of removal and the Convention Against Torture (CAT).
IMM COURTS – GENERAL INFORMATION
- Trump Fires More Immigration Judges (4-22-25)
- Democrats in Congress Urge AG to Reverse Course on Firings of Immigration Judges (3-28-25)
- EOIR Announces 19 New Immigration Judges (8-5-22)
- DOJ Recognizes Immigration Judges Union (12-7-21)
- DOJ Removes 700 Case Quota for Immigration Judges (10-20-21)
- EOIR Launches FOIA Public Access Link (8-25-21)
- Immigration Judges Authority to Administratively Close Deportation Cases is Restored (7-15-21)
- Matter of Cruz-Valdez (BIA 2021) – Restores Ability of Immigration Judges to Administratively Close Cases
- Imm Courts Aren’t Real Courts. Time to Change That. (5-08-21)
- How Trump Administration Left Indelible Mark on U.S. Imm Courts (5-08-21)
- FLRA Overturns Its Own Regional Director, Busts Immigration Judges’ Union (11-03-20)
- A Top Immigration Court Official Called For Impartiality In A Memo He Sent As He Resigned (7-03-20)
- National Association of Immigration Judges v. McHenry (7-01-20)
- FOIA Documents Show Trump Stacked The Immigration Courts With Political Hires (5-21-20)
- The Trump Administration Is Gagging America’s Immigration Judges (2-28-20)
- Delays Plague EOIR Courts (7-22-19)
- The Attorney General’s Judges: How the U.S. Immigration Courts Became a Deportation Tool (6-12-19)
- Immigration Judges Can Only Continue Cases for Good Cause Shown – Matter of L-A-B-R- (8-16-18)
- Thousands of Closed Deportation Cases May Be Restarted (8-15-18)
- Immigration Judges No Longer Can Administratively Close Cases – Matter of Castro-Tum (5-17-18)
- Instructions for Requests to Join in Motions to Reopen – ICE Los Angeles (May 2018)
- Immigration Judge Performance Metrics (3-30-18)
- EOIR Memo on Change of Venue Requests (1-18-18)
- EOIR Revises Docketing Practices Related to Certain Priority Cases
- Imm Courts Listing
- Imm Courts’ (800) Number
- Filing a Complaint Regarding an Immigration Judge’s Conduct
- National Association of Immigration Judges
REPORTS
- Motions for a Continuance
- Administrative Closure Post-Castro-Tum
- Strategies and Considerations in the Wake of Pereira v. Sessions
- Access to Counsel in Court
- Empty Benches: Underfunding of the Courts Undermines Justice
- Background on Judicial Review of Immigration Decisions
- Providing Noncitizens With Their Day in Court
- Two Systems of Justice: How the Immigration System Falls Short of American Ideals of Justice Due Process and the Courts
- Inspection and Entry at a Port of Entry: When is there an Admission?
- Motions to Suppress in Removal Proceedings: A General Overview
- Implications of Judulang v. Holder for LPRs Seeking § 212(c) Relief and for Other Individuals Challenging Arbitrary Agency Policies
- Rescinding an In Absentia Order of Removal
- Reinstatement of Removal
TRAC REPORTS
- Trump’s Ineffective Use of ICE Detainers (4-14-25)
- Noncitizen Access to Legal Counsel Differs by Language Spoken (3-1-25)
- Immigration Detention Statistics (2-21-25)
- Asylum Success Still Varies Widely Among Immigration Judges (11-25-24)
- Asylum Grant Rates Decline by a Third (11-19-25)
- Dramatic Fall Continues in New Imm Court Cases (8-13-24)
- Despite Hiring, Court Backlog and Wait Times Climb (5-15-17)
- U.S. Deportation Outcomes by Charge
- Court Backlog Tool
- Juveniles — Deportation Proceedings
- Priority Court Cases: Women with Children
- The Court’s Institutional Hearing Program: How Will It Be Affected (2-22-17)
- What Happens When Individuals Are Released On Bond in Court Proceedings? (9-14-16)
- Immigration Backlog Still Rising Despite New Judge Investitures (7-19-16)
PRACTICE ADVISORIES
- Grounds for Deportability: When Legal U.S. Residents Can Be Removed – ILRC (3-10-25)
- Matter of Laparra (BIA 2022)
- Federal Court Strikes Down Immigration Detainers (10-6-19)
- DOJ Strips Courts of Independence (4-03-18)
- The Sad State of Atlanta’s Imm Court (3-10-17)
- Access to Counsel in Court (9-28-16)
- Courts Desperately Need More Judges (8-27-15)
- Courts Are Ordering Unrepresented Children Deported (3-10-15)
