An immigration judge is an administrative judge who conducts proceedings for the U.S. Department of Justice’s Executive Office for Immigration Review, known as EOIR. Understanding what an immigration judge does can be critical when you or a loved one faces removal. These judges are not federal Article III judges like those in U.S. district courts. The U.S. Attorney General appoints these Department of Justice employees. They decide cases independently and impartially, but operate within the executive branch rather than the federal judicial branch.
What Does an Immigration Judge Do in Removal Cases?
The judge decides whether a noncitizen may remain in the United States or must face removal. Typical immigration judge responsibilities include:
- Determining whether the person is legally removable from the United States
- Conducting master calendar and individual merits hearings
- Hearing testimony from the immigrant, witnesses, and experts
- Reviewing applications, criminal records, country-condition evidence, and other documents
- Deciding whether witnesses are credible
- Hearing legal arguments from the immigrant’s attorney and the Department of Homeland Security attorney
- Deciding applications for asylum, withholding of removal, Convention Against Torture protection, cancellation of removal, and adjustment of status
- Conducting bond hearings in cases where the court has jurisdiction
- Issuing written or oral decisions and removal orders
- Granting voluntary departure when legally available
- Managing deadlines, motions, evidence, and hearing procedures
Who Is in the Courtroom During Your Immigration Hearing?
There are normally three principal participants.
The judge serves as the neutral decision-maker.
The DHS attorney represents the U.S. government. This lawyer generally argues that the person is removable or opposes the requested relief.
The respondent is the noncitizen placed in removal proceedings. A private attorney may represent, or qualified representative. The government generally does not provide a free lawyer.
What Cases Can an Immigration Judge Grant or Deny?
Immigration judge authority covers a wide range of cases, including:
- Removal and deportation cases
- Asylum cases referred by USCIS
- Defensive asylum applications
- Cases involving visa overstays or unlawful entry
- Cases involving criminal convictions
- Detention and bond matters
- Motions to reopen or reconsider
- Applications to cancel removal
- Adjustment applications when the person is already in proceedings
- Requests for Convention Against Torture protection
- Claims involving lawful permanent residents accused of being removable
The court does not process ordinary visa applications, decide most USCIS petitions, issue passports, or grant citizenship applications.
What Happens at a Master Calendar or Individual Hearing?
The first hearings are master calendar hearings. During these shorter sessions, the court addresses charges, pleadings, representation, filing deadlines, and the relief the person intends to request.
A longer trial-like session, AKA an individual hearing or merits hearing. During this hearing, the respondent may testify, witnesses may appear, attorneys may cross-examine, documents and expert evidence may be presented, and the judge evaluates credibility and applies immigration law before granting relief or ordering removal. Learn more about what to expect in immigration court.
Can You Appeal an Order for Removal?
Usually, yes. A party generally has 30 calendar days to appeal to the Board of Immigration Appeals. The BIA is the highest administrative body responsible for reviewing these decisions. In appropriate cases, one can file a later petition for review with a federal circuit court of appeals.
It is also worth knowing that in 2026, an immigration judge lost his job after granting bond hearings in a high-profile case. This is a reminder that these proceedings are not immune from political pressure.
What Should I Do Before My Immigration Court Date?
In simple terms, what an immigration judge does is decide whether the government has proven a person is removable and whether that person qualifies for protection or lawful status to remain in the United States. The stakes could not be higher.
Do not navigate these proceedings alone. Call Shepelsky Law Group today at (718) 769-6352 or book your consultation at ShepelskyLaw.com.