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              Congressional                                                     ____
          ~ Research Service






FY2023 Immigration Court Data:

Case Outcomes



February 7,   2024

U.S. immigration courts within the Department of Justice's Executive Office for Immigration Review
(EOIR) adjudicate removal cases involving foreign nationals whom the Department of Homeland
Security (DHS) has charged with an immigration violation under the Immigration and Nationality Act
(INA). During removal proceedings, immigration judges (IJs) determine whether such individuals
(respondents) are subject to removal from the United States, and if so, whether they qualify for relief or
protection from removal for which they have applied (e.g., asylum). Respondents who fail to appear for
their hearings are ordered removed in absentia.
This Insight reviews immigration court case outcomes for FY2023, including removal case decisions, in
absentia removal orders, and asylum application decisions. Another Insight describes FY2023 caseload
data, including case receipts and the pending cases backlog.


Removal Case Decisions

Possible outcomes for removal cases include
      Removal  Order: The IJ orders the respondent removed; DHS is responsible for
       removing the foreign national from the United States to his/her country or to a third
       country.
      Dismissal: DHS may move to dismiss proceedings against the respondent (e.g., as a
       matter of prosecutorial discretion).
      Termination: The respondent may move to terminate a case if the charges on the Notice
       to Appear (NTA) are substantively or procedurally defective; the IJ may also terminate a
       case if he/she determines the respondent has established eligibility for U.S. citizenship.
      Relief granted: The IJ grants the respondent a form of relief from removal-such as
       asylum (described below) or, less commonly, cancellation of removal.
      Voluntary departure: The respondent may request to leave the United States during a
       specific timeframe at his/her own expense without being ordered removed.

                                                               Congressional Research Service
                                                               https://crsreports.congress.gov
                                                                                    IN12318

CRS INSIGHT
Prepared for Members and
Committees of Congress

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