Trusted Legal Help for EOIR Cases
If you’ve received a Notice to Appear (NTA) or are facing removal proceedings, your case will be handled by the Executive Office for Immigration Review (EOIR). The EOIR oversees immigration courts and handles cases involving removal, asylum, cancellation of removal, and other complex immigration issues. A trusted immigration lawyer at Martinez Immigration can protect your rights and fight for the best possible outcome in immigration court.
Who may need an immigration attorney for EOIR?
An immigration lawyer can assist with:
- Defending against deportation in immigration court
- Filing for asylum, withholding of removal, or CAT (Convention Against Torture) protection
- Applying for cancellation of removal (42A or 42B)
- Seeking adjustment of status while in removal proceedings
- Filing a motion to reopen or reconsider a removal order
- Challenging removal based on criminal convictions or unlawful presence
- Filing an appeal with the Board of Immigration Appeals (BIA)
Facing an EOIR case?
A skilled immigration lawyer can help you navigate the complex immigration court system.
What is the Executive Office for Immigration Review (EOIR)?
The Executive Office for Immigration Review (EOIR) is part of the U.S. Department of Justice and is responsible for overseeing the U.S. immigration court system. The EOIR handles three key functions:
- Immigration Courts
- Immigration judges (IJs) handle cases involving removal, asylum, and other immigration-related matters.
- Board of Immigration Appeals (BIA)
- The BIA reviews decisions made by immigration judges and provides a chance to appeal removal orders.
- Office of the Chief Administrative Hearing Officer (OCAHO)
- Handles cases involving employer sanctions, employment eligibility verification, and document fraud.
Types of EOIR Cases
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- If you have received a Notice to Appear (NTA) for removal, your case will be heard in an immigration court overseen by the EOIR.
- Requires a strong legal defense and proof of eligibility for relief from removal.
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- If you fear persecution in your home country based on race, religion, nationality, political opinion, or membership in a particular social group, you may apply for asylum.
- Requires proof of credible fear and inability to seek protection in your home country.
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- Available to green card holders who have been in the U.S. for at least 7 years.
- Requires proof of good moral character and no aggravated felony convictions.
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- Available to individuals who have been in the U.S. for at least 10 years.
- Requires proof of good moral character and that removal would cause extreme hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child.
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- If you are eligible for a Green Card, you can request to adjust your status during removal proceedings.
- Requires proof of a qualifying relationship or employment sponsorship.
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- If new evidence becomes available, you may request a motion to reopen.
- If the judge made a legal error, you may request a motion to reconsider.
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- If the immigration judge issues a removal order, you can appeal the decision to the Board of Immigration Appeals (BIA).
- Requires proof of legal error or new evidence.
EOIR Case Process
Notice to Appear (NTA)
ICE will issue a Notice to Appear, which officially begins removal proceedings.
Master Calendar Hearing
A preliminary hearing where the judge sets the schedule for your case.
Prepare and File Legal Motions
Your lawyer will file any necessary legal motions and applications for relief.
Merits Hearing
You will present evidence and testimony in front of an immigration judge.
Decision
The judge will decide whether to grant or deny your request for relief from removal.
Appeal (if necessary)
If the judge issues a removal order, you may have the right to appeal to the Board of Immigration Appeals (BIA).
EOIR cases are highly complex. A lawyer can help you prepare a strong defense and increase your chances of success.
Required Documentation
Notice to Appear (NTA)
Official notice from ICE or DHS regarding removal proceedings.
Proof of Identity
Passport, birth certificate, or government-issued ID.
Proof of Continuous Residence
Lease agreements, tax returns, and employment records.
Family Relationship Proof
Marriage certificates, birth certificates, or adoption papers.
Criminal Records (if applicable)
Certified court records for any past convictions.
Evidence of Hardship
Medical records, financial statements, or affidavits from family members.
Common EOIR Challenges & Legal Solutions
Challenges
Solutions
Missed Hearing Date
If you miss your hearing, the judge may issue a removal order in absentia.
A lawyer can file a motion to reopen based on exceptional circumstances.
Criminal Convictions
Certain criminal convictions can make you ineligible for relief from removal.
A lawyer can argue for post-conviction relief or file for a waiver.
Inconsistent Testimony
Contradictory statements during hearings can weaken your case.
A lawyer can help you prepare a clear and consistent testimony.
Lack of Sufficient Evidence
Failure to provide enough evidence can result in denial of relief.
A lawyer can gather medical records, financial proof, and affidavits to support your case.
Additional Resources
Frequently Asked Questions
How long does it take to resolve an EOIR case?
Most EOIR cases take 12 to 36 months, but complex cases can take longer.
Can I stay in the U.S. while my EOIR case is pending?
Yes, unless the judge orders expedited removal.
Can I work while my EOIR case is pending?
Yes, if you have a valid work permit.
Can I appeal an EOIR decision?
Yes, you can appeal to the Board of Immigration Appeals (BIA).
What happens if I win my EOIR case?
You may be granted asylum, adjustment of status, or other relief from removal.
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Get Legal Help from an Immigration Lawyer
Need expert legal help with your EOIR case? A trusted immigration lawyer at Martinez Immigration will fight for your right to remain in the U.S.