Written by Jayson Elliott · Attorney, Bay Legal PC · CA Bar No. 332479 · Last reviewed April 2026
Immigration Court — What to Expect
Key Takeaways
- Immigration court is different from criminal court — there is no jury and no right to a free attorney
- The first hearing (master calendar) is procedural — the merits hearing is where you present your case
- You must attend every hearing — missing one results in an in absentia removal order
- Immigration cases can take months or years, giving you time to prepare with an attorney
How Immigration Court Works
Immigration courts are part of the Executive Office for Immigration Review (EOIR), a division of the Department of Justice. Immigration judges are appointed by the Attorney General and hear removal cases. There is no jury. The government is represented by a DHS trial attorney.
Master Calendar Hearing
This is your first court date. It is procedural — the judge will ask if you have an attorney, whether you understand the charges, whether you admit or deny the allegations, and what forms of relief you plan to apply for. You may receive multiple master calendar dates before your merits hearing is scheduled.
Individual (Merits) Hearing
This is the hearing where you present your full case. You and your attorney will submit evidence, present testimony, and argue for the relief you are seeking. The DHS attorney will cross-examine you and present the government’s case. The judge may issue a decision at the end of the hearing or take the case under advisement.
The Decision and Appeals
If the judge grants relief, you may receive legal status. If the judge denies relief and orders removal, you have 30 days to appeal to the Board of Immigration Appeals (BIA). Filing the appeal generally stays (pauses) the removal order while the appeal is pending.
Bay Legal PC — Removal Defense Attorneys
Bay Legal PC in Palo Alto handles removal defense cases throughout California. Free initial consultations available.
Get a Free Consultation →Frequently Asked Questions
How long do immigration court cases take?
Cases can take anywhere from months to several years depending on the court’s backlog, the complexity of the case, and the number of continuances. Use this time to build the strongest possible case.
What should I wear to immigration court?
Dress professionally and conservatively. Business attire or neat, clean clothing shows respect for the court. Avoid clothing with graphics, political messages, or anything too casual.
Can I bring family members to my hearing?
Yes. Having family members present, especially U.S. citizen family members, can demonstrate your ties to the community and support your case.
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Bay Legal PC handles removal defense disputes throughout California. Tell us about your situation and we'll be in touch promptly.
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Jayson Elliott, Bay Legal PC · Palo Alto, California
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