What is EOIR, and how does it differ from ICE and USCIS?
EOIR was created in 1983 inside the Department of Justice. Its Director reports to the Deputy Attorney General, and its headquarters are in Falls Church, Virginia. Its judges decide whether a person can be removed and whether relief applies. ICE arrests and detains, USCIS decides benefit applications, and an ICE attorney argues the government's side in court. So the judge and the government lawyer work for different departments, and you can disagree with one in front of the other. A case starts when DHS files the charging document with the court, not when you receive it. If you hold a Notice to Appear but the system shows nothing, the paper may not be filed yet. Keep checking through our guide to finding your hearing, and contact the court named on the notice.
What can an immigration judge decide, and what can they not?
Once a case is in court, the judge decides asylum, so an application then becomes defensive asylum filed with the court. The exception is an unaccompanied child, whose application goes first to an asylum officer. The judge also has exclusive authority over adjustment of status for most people in proceedings. Arriving aliens, who can include people paroled at a port of entry, generally file with USCIS instead: a judge can hear the application only if they filed it there, left and returned on advance parole, and were denied. Judges decide cancellation of removal and other relief, and they hear custody requests in an immigration bond hearing. What they do not do is decide a family petition, which stays with USCIS, or issue the green card itself. The practical step: once you are in court, ask a lawyer which office holds your application before filing anything, and keep attending, because a pending application elsewhere does not excuse a hearing.
What does filing cost, and how do I pay?
As of October 2026, EOIR lists $1,095 for a motion to reopen or reconsider before a judge, or $950 if it rests only on an application with no fee. An appeal on Form EOIR-26 or a motion before the Board is $1,060. A bond appeal has no fee, and neither does a motion under INA § 240(b)(5)(C)(ii), the lack of notice and custody provision. Pay through the EOIR Payment Portal, because checks and money orders stopped being accepted on February 23, 2026. If you cannot pay, Form EOIR-26A asks the judge or Board to waive the fee. There is one trap: the $105 annual asylum fee has no waiver or reduction. Non-payment can end an asylum application, so put that date in your calendar and pay it in the portal under the right filing type.
How do I keep the court able to reach me?
The regulation requires written notice of a new address on Form EOIR-33 within five days of the change, sent to the court holding your case. Telling USCIS or ICE does not update the court. This matters because mail to your last address on file is generally enough for the court to go ahead without you, and an in absentia removal order can follow. After a transfer of venue, the form goes to the new court. Do it the same day you move, keep proof, and watch the mail at the old address for a while. If you were released by ICE, tell ICE as well, and if you have a USCIS filing, update that account separately. A hearing that vanishes from your calendar is not a cancelled hearing, so verify each date against your most recent paper notice.
How do I get my court file?
The record of proceedings is the court's file, with the notices sent, your filings, the evidence and the orders. Parties and their representatives can inspect it by arranging this with court or Board staff, and they do not need a public records request for an active case. Use EOIR's Request a Record of Proceeding page for copies. A person who is not a party must file a FOIA request with the EOIR Office of General Counsel, usually with a signed release from the person concerned on Form EOIR-59. Ask early, since the file often decides what you can do next. In a missed-hearing case it shows where notices went and when. For a new lawyer it shows what was filed and pleaded. Bring it to any consultation, together with every notice and the order you are challenging.
Who can represent me, and what if I lose?
You may have an attorney or accredited representative at no expense to the government, so the court will not appoint one. EOIR publishes a quarterly List of Pro Bono Legal Service Providers for people in proceedings, updated September 24, 2026; it does not vouch for any provider. EOIR warns that notarios, document preparers and immigration consultants are not allowed to practice law. Interpreters, including for Russian, are arranged by the court, so raise the need at your master calendar hearing. If the judge rules against you, the appeal goes to the Board of Immigration Appeals, and the Board must receive it within 30 calendar days. Do not leave the courthouse without writing down the date of the decision. Ace Immigration's removal defense work covers both court and appeal stages.