How Long Do Removal Proceedings Take?

One of the first questions people ask when they receive a Notice to Appear is: "How long is this going to take?" The honest answer is that it depends — on your court location, the complexity of your case, whether you are detained, and the current backlog. But understanding the typical timeline helps you plan and set realistic expectations.

The Short Answer

For non-detained individuals, removal proceedings typically take 2 to 4 years from start to finish in 2026, though some cases take longer. For detained individuals, cases move faster — often 2 to 6 months — because courts prioritize detained cases.

These numbers are averages. Your case could be shorter or significantly longer depending on multiple factors.

Stage 1: Notice to Appear (NTA)

Timeline: Immediate to several months

Removal proceedings begin when DHS files a Notice to Appear with the immigration court. The NTA lists the charges against you — the specific legal grounds the government claims make you removable from the United States.

You may receive the NTA in person (if you are detained), by mail, or through service at your last known address. After the NTA is filed with the court, you will receive a hearing notice with your first court date. In non-detained cases, this first hearing can be scheduled months or even over a year after the NTA is filed, depending on the court's backlog.

Stage 2: Master Calendar Hearings

Timeline: 1 to 6 months (detained) or 6 months to 2+ years (non-detained)

Master calendar hearings are short procedural appearances — typically 10-15 minutes. At these hearings, the judge will:

• Confirm your identity and address
• Explain the charges against you
• Ask whether you admit or deny the charges
• Ask whether you want to apply for any relief from removal
• Schedule future hearings

Most cases require 2-3 master calendar hearings before being scheduled for a merits hearing. Each hearing may be spaced weeks or months apart.

Stage 3: Filing Applications for Relief

Timeline: Varies (2 to 8 weeks typical preparation time)

If you are applying for relief — asylum, cancellation of removal, adjustment of status, or another form of protection — your attorney will need time to prepare and file the application. This includes:

• Gathering supporting evidence and documentation
• Obtaining country condition reports (for asylum cases)
• Preparing declarations and witness statements
• Filing the application with the court and serving DHS

The judge typically gives you a filing deadline at a master calendar hearing. Your attorney must meet this deadline or request an extension.

Stage 4: Individual (Merits) Hearing

Timeline: 2-4 hours for the hearing; scheduling wait can be months to years

The merits hearing is the full trial where you present your case. Your attorney calls witnesses, introduces evidence, and makes legal arguments. The DHS attorney presents the government's case and cross-examines your witnesses.

The judge may issue a decision at the end of the hearing (oral decision) or take the case under advisement and issue a written decision later (typically 30-90 days).

Getting scheduled for a merits hearing is often the longest wait. In busy courts, the gap between your last master calendar hearing and your merits hearing can be 1 to 3 years for non-detained cases.

Stage 5: Appeals (If Applicable)

Timeline: 6 months to 2+ years

If either side disagrees with the judge's decision, they can appeal to the Board of Immigration Appeals (BIA). The appeal must be filed within 30 days of the judge's decision. The BIA then reviews the case based on written briefs — there is no new hearing.

BIA decisions currently take approximately 6 to 18 months. If the BIA denies the appeal, the respondent can file a petition for review with the federal circuit court, which adds another 1 to 2 years.

Why Cases Take So Long

Several factors contribute to the length of removal proceedings:

The Backlog

As of early 2026, the immigration court backlog exceeds 3.7 million cases nationwide. Courts are severely understaffed relative to their caseload. Despite the appointment of additional immigration judges in recent years, the backlog continues to grow.

Continuances

Cases are frequently continued (rescheduled) for various reasons: the respondent needs more time to find an attorney, evidence is not ready, DHS needs more time to process background checks, or the court itself needs to reschedule due to judicial schedules.

Complexity

Cases involving asylum claims, criminal history, or multiple forms of relief take longer because they require more evidence, more legal research, and more hearing time.

Detained vs. Non-Detained

Detained cases move much faster because courts prioritize them — the government is spending money to house you, and your liberty interests require expedited proceedings. This sounds like an advantage, but it can actually work against you: less time to prepare means less time to build the strongest possible case.

How to Avoid Unnecessary Delays

• Hire an attorney early. Cases without attorneys get continued repeatedly as respondents try to find counsel.
• Gather evidence proactively. Do not wait for filing deadlines. Start collecting documents, letters of support, and country condition evidence immediately.
• Update your address with the court. If the court cannot reach you, your hearing may be rescheduled or you may be ordered deported in absentia.
• Attend every hearing. Missing a hearing can result in an in absentia order and set your case back months or years.

Frequently Asked Questions

Can removal proceedings be sped up?

Generally, respondents benefit from the time to build their case. However, in detained cases, an attorney may push for faster scheduling. The court controls the calendar, and DHS can request priority scheduling in certain cases.

What happens if I miss a hearing during removal proceedings?

If you miss a hearing, the judge can order you deported in absentia — meaning you lose your case by default. If you have already missed a hearing, contact an attorney immediately about filing a motion to reopen.

Can I work while removal proceedings are pending?

It depends on your current immigration status. Some individuals in proceedings may have valid work authorization. Others may be able to apply for an Employment Authorization Document. Your attorney can advise on your specific situation.

Do removal proceedings show up on background checks?

Immigration proceedings are separate from criminal proceedings and do not appear on standard criminal background checks. However, any involvement with immigration courts will be in DHS records and can affect future immigration applications.

If you are in removal proceedings and need legal representation, contact Modern Law Group at (888) 902-9285. Our deportation defense attorneys handle cases at every stage of the process.