The Immigration Court system is located within the U.S. Department of Justice’s Executive Office for Immigration Review (EOIR). EOIR exercises its functions and duties under the power of the Attorney General.  And a foreign national can be placed in removal proceedings and attend his court hearing either detained or non-detained depending on the charging document.

The Immigration judges preside over removal hearings and decide whether or not a foreign national can remain in the United States. Immigration judges advise foreign nationals of their legal rights, hear testimony, make credibility findings and rulings on the admissibility of evidence, entertain legal arguments, adjudicate waivers and applications for relief, make factual findings and legal rulings, and issue final orders of removal.