Orlando Immigration Court — Orlando, FL

How an immigration court hearing works

Immigration courts are part of EOIR (a component of the U.S. Department of Justice), not the judicial branch. The judge decides whether a person stays in the U.S. or is removed. Below is general information about the process; it does not replace advice from an attorney about your case.

Types of hearings

• Master Calendar (preliminary hearing). A short scheduling hearing: the judge confirms your information, you state whether you will contest removal and on what basis (asylum, cancellation of removal, etc.), and filing deadlines and the main hearing date are set.
• Merits / Individual (main hearing). A full hearing on the merits: testimony, witnesses, evidence, and questions from the government attorney. The judge then issues a decision on your case.
• Bond hearing. For detained individuals: the judge decides whether the person may be released on bond before the case is decided, and in what amount.

How to prepare for your hearing

A general checklist. The exact documents depend on your type of case — confirm with an attorney.

• Arrive early (30–60 minutes) — you must pass security screening at the entrance.
• Bring a photo ID and every notice from the court and USCIS.
• Bring copies of all documents and evidence you have filed.
• If you need an interpreter, the court provides one free of charge — request it in advance.
• Silence your phone in the courtroom. Check the building's electronics rules in advance.
• Dress neatly; bring everyone listed in your case.

Entry and security

Immigration courts are inside federal buildings. Expect a metal detector and bag screening at the entrance, like at an airport. Allow time for it. Rules on bringing phones and laptops vary by building — check the court's official page in advance.

What to do if you are late or cannot attend

Missing a hearing without a valid reason can lead to a removal order issued in your absence (in absentia). This is serious.

• If you are running late, still go and tell the court clerk.
• If you cannot attend for a valid reason (illness, etc.), an attorney can file a motion to continue in advance.
• If you have moved, file a change of address (Form EOIR-33) — otherwise you will not receive notices.

If the court rules against you — what's next

If an immigration judge rules against you, you can first appeal to the Board of Immigration Appeals (BIA). If the BIA also denies your case, the next step is a Petition for Review filed with the federal circuit court of appeals.

• The deadline is strict: a Petition for Review must be filed within 30 days of the BIA's decision. Missing it usually means losing the right to appeal.
• A circuit court reviews questions of LAW, not fact — it does not re-weigh the evidence, it checks whether the law was applied correctly.
• Filing does not automatically stop removal — if deportation is a risk, an attorney separately files a motion for a stay of removal.
• This is a complex federal procedure with tight deadlines — an immigration attorney is almost always needed.

Appeals from this court go to: U.S. Court of Appeals for the Eleventh Circuit (11th Circuit)

The court of appeals filing fee is $605 ($600 docketing + $5 under 28 U.S.C. §1917), per the official uscourts.gov fee schedule effective December 1, 2023 (verified 2026-08-12). If you cannot afford it, you can request a fee waiver (in forma pauperis).