New York · est. 2013Saturday, September 5, 2026
Inside Immigration

Plain-language guides to US immigration, asylum and USCIS procedure.

Forms · Court and appeals

Defending a removal case

Removal proceedings begin when DHS files a notice to appear with an immigration court. The respondent appears before an immigration judge, DHS is represented by a trial attorney, and the case ends in an order of removal or a grant of relief. Everything in this process runs on deadlines that are not forgiving.

Typical time: Two to four years from a notice to appear to a merits decision is common, and longer with an appeal. EOIR does not publish a national median.Fees: $100 for asylum, $710 to $1,640 for cancellation of removal, $30 per person for biometrics, and $1,030 for a BIA appeal, all waivable except the Public Law 119-21 asylum fees.

Who it is for. Anyone served with a Form I-862 notice to appear, and their family.

The forms, in order

9 forms
EOIR-33/ICEOIR-28I-589EOIR-42AEOIR-42BI-881I-485EOIR-26EOIR-26A
  1. 1

    Confirm the case is actually docketed and find the court

    EOIR-33/IC

    Who
    The respondent
    When
    Immediately
    Fee
    $0

    Check the EOIR automated case information system. A notice to appear that was served but never filed with the court means there is no case yet.

  2. 2

    File the change of address form and keep it current

    EOIR-33/IC

    Who
    The respondent
    When
    Within 5 working days of any move
    Fee
    $0

    This is the single most important administrative step. Notices go to the last address on file.

  3. 3

    Get representation on the record

    EOIR-28

    Who
    An attorney or accredited representative
    When
    Before the first hearing if possible
    Fee
    $0

    EOIR maintains a list of pro bono legal service providers for every court.

  4. 4

    Attend every hearing

    Who
    The respondent
    When
    Master calendar hearings first, then an individual merits hearing
    Fee
    $0

    Missing a hearing produces an in absentia removal order, which is very hard to undo.

  5. 5

    File the relief application the judge sets a deadline for

    I-589EOIR-42AEOIR-42BI-881I-485

    Who
    The respondent
    When
    By the judge's deadline
    Fee
    $100 for asylum, $710 for EOIR-42A, $1,640 for EOIR-42B, $2,980 for an I-485 filed with the court, plus $30 per person for biometrics on the EOIR applications

    Fee waivers on Form EOIR-26A; EOIR fees must be paid through the EOIR Payment Portal since February 23, 2026.

  6. 6

    Appeal an adverse decision within 30 days

    EOIR-26EOIR-26A

    Who
    The respondent
    When
    Within 30 days of the decision
    Fee
    $1,030, waivable

    A timely appeal usually stops removal while the Board considers it.

Where it goes wrong

  • An out-of-date address on Form EOIR-33/IC is the leading cause of in absentia removal orders.
  • Cancellation of removal under EOIR-42B is capped at 4,000 grants a year, so a decision can be reserved for years.
  • Missing the 30-day appeal deadline forfeits the appeal, and mailing time does not extend it.
  • Applications filed with the wrong court are rejected and the deadline may not be reset.
  • EOIR no longer accepts checks or money orders, which is a real obstacle for unbanked respondents.

What changed in 2025 and 2026

  • From February 23, 2026 all EOIR immigration fees must be paid electronically through the EOIR Payment Portal.
  • Immigration court fees rose sharply under the current schedule, with EOIR-42B at $1,640 and an I-485 filed in court at $2,980.
  • Courts have been consolidated and relocated repeatedly since 2025; confirm the filing address before mailing.
  • Case completion pressure has reduced the availability of continuances in many courts.

Related processes

Sources: justice.gov · justice.gov · justice.gov · acis.eoir.justice.gov · epay.eoir.justice.gov · justice.gov · uscis.gov · uscis.gov