Immigration Court
Winning Your Case

 In April 2022, ICE sent out a memo directing its lawyers to review cases currently in Immigration Court and try to clear low-priority cases under enforcement guidelines the administration created last year. Currently, there is a backlog of 1.7 million cases. By clearing low-priority cases, the American Immigration Lawyers Association estimates this would include at least 700,000 low-priority cases, equaling about 40 percent of the backlog. ICE has not released their estimate of how many cases would be cleared under this plan.

On January 10, 2022, EOIR announced that it has postponed hearings in non-detained, non-represented cases due to COVID-19. Detained cases, as well as non-detained individuals who are represented, will continue to have their hearings via phone or online.

What is your best strategy for winning your case in Immigration 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.

Which Immigration Courts are open during the pandemic? Find out by clicking the Immigration Courts Operational Status link.

There are over 1,000,000 pending cases before the courts and the number is growing. Some 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 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. Also, see our Coronavirus – Immigration Updates page.

Client Reviews

This page is divided into the following subsections:

• Winning Your Case in Immigration Court Videos
• Information About the Immigration 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 Immigration Court Learn how to win your case before an Immigration Judge. The government must first prove that you are deportable from the US. Are you eligible to apply for adjustment for status, waivers, asylum, cancellation of removal or registry?

 
 
 
 
 
 
 
 

• Cancellation of Removal for Non-Permanent Residents This video explains the basic process of applying for “Cancellation of Removal”, 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.

 
 
 
 
 
 

IMMIGRATION COURT – GENERAL INFORMATION

• 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
• Immigration Courts Aren’t Real Courts. Time to Change That. (5-08-21)
• How Trump Administration Left Indelible Mark on U.S. Immigration Courts (5-08-21)
• FLRA Overturns Its Own Regional Director, Busts Immigration Judges’ Union (11-03-20)
• “Immigration judges will fight Justice Department’s attempt to silence us” (7-10-20)
• 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)
• DOJ to Establish Case Quotas for Immigration Judges (10-13-17)
• EOIR Revises Docketing Practices Related to Certain Priority Cases
• Immigration Courts Listing
• Immigration Courts’ (800) Number
• EOIR Practice Manual
• 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?
• Prosecutorial Discretion: How to Advocate for Your Client
• Motions to Suppress in Removal Proceedings: A General Overview
• Seeking a Judicial Stay of Removal in the Court of Appeals
• Moncrieffe v. Holder: Implications for Drug Charges and Other Categorical Approach Issues
• 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
• Voluntary Departure Rule: Q&A
• Reinstatement of Removal
• Staying The Voluntary Departure Period When Filing A Motion To Reopen

TRAC REPORTS

• DHS Fails to File Paperwork Leading to Large Numbers of Dismissals (7-29-22)
• Fewer Immigrants Face Deportation Based on Criminal-Related Charges in Immigration Court (7-28-22)
• Criminal Immigration Referrals Up from the Border Patrol (7-7-22)
• Growing Numbers of Children Try To Enter the U.S. (6-28-22)
• 5,000 Asylum-Seekers Added to the Migrant Protection Protocols 2.0, Few are Granted Asylum (6-14-22)
• Ukrainians at the U.S.-Mexico Border: Seeking Admission at U.S. Ports of Entry by Nationality (5-17-22)
• One-Third of New Immigration Court Cases Are Children (3-17-22)
• 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

• 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 Immigration 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)

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