Nebraska · Updated July 2026 · Verified by InmateAid

The Nebraska Immigration Court Process: What Detained Immigrants and Families Need to Know

Nebraska has one EOIR immigration court in Omaha. It covers all non-detained Nebraska and Iowa cases, Nebraska DOC, and the Omaha DHS district. How removal proceedings work in Nebraska, step by step.

Nebraska has one EOIR immigration court, located in Omaha. The Omaha Immigration Court handles all non-detained cases in Nebraska and Iowa, covers the Nebraska Department of Corrections, and has jurisdiction over detained respondents in facilities across both states. The Omaha court is the administrative hub for a two-state region and the primary court for anyone arrested by ICE in Nebraska.

This page explains how immigration court works in Nebraska, how to find hearing information, and what the removal proceeding process looks like from start to finish.

The Omaha Immigration Court

Omaha Immigration Court

1717 Avenue H, Suite 100

Omaha, Nebraska 68110

The Omaha court covers the Omaha, Nebraska DHS District Office, including sub-offices, the Des Moines, Iowa DHS Office including sub-offices, the Nebraska Department of Corrections, and the Iowa Department of Corrections. It handles all non-detained cases in both Nebraska and Iowa. Additional hearing locations include the Immigration Court Detained docket in Omaha, the Nebraska Department of Corrections Penitentiary in Lincoln, the Iowa Medical and Classification Center in Oakdale, Iowa, and the Iowa DOC office in Des Moines.

ICE detention facilities in Nebraska - including Douglas County, Hall County, Sarpy County, Cass County, and McCook Detention Center - all fall under Omaha Immigration Court jurisdiction for their detained dockets. Hearings at county jails and the McCook facility may be conducted by video teleconference.

Always use the EOIR Automated Case Information System at 800-898-7180 or the hearing notice to confirm the specific hearing location and format.

How Immigration Court Differs From Criminal Court

Immigration court is a civil proceeding, not a criminal one. Removal proceedings take place before an immigration judge employed by the Department of Justice through the Executive Office for Immigration Review (EOIR). The government is represented by a DHS attorney from the Office of the Principal Legal Advisor (OPLA). The person in proceedings is called the respondent.

Being in removal proceedings is not a criminal charge and does not result in a criminal sentence. The outcome is either a grant of relief that allows the person to remain in the United States in some legal status, or a removal order directing them to leave. There is no jury. There is no public defender equivalent.

The respondent has the right to be represented by an attorney at their own expense. There is no right to a government-appointed attorney in immigration court except in narrow circumstances involving serious mental competency concerns. Not having a free attorney does not mean going without legal help. Legal aid organizations and nonprofits provide free or reduced-cost representation. Resources appear at the end of this page.

A word on notario fraud: in many countries, a notario publico is a licensed legal professional. In the United States, that title has no equivalent legal standing. Notarios, immigration consultants, and non-lawyers cannot represent people in immigration court and cannot legally provide immigration advice. Verify any representative's credentials before paying. Only a licensed attorney or a DOJ-accredited representative can appear in immigration court on someone's behalf.

The Removal Proceeding: Step by Step

Step one: The Notice to Appear

A removal proceeding begins when DHS issues a Notice to Appear (NTA). This is the charging document in immigration court. It identifies the grounds for removal and directs the person to appear before an immigration court. The NTA may or may not include a hearing date when served. If it does not, a separate hearing notice will arrive by mail.

Keeping the court and DHS informed of any address change is required by law. If a hearing notice goes to an old address and the respondent does not appear, the immigration judge can issue an in absentia order of removal. That order is very difficult to undo. Use Form EOIR-33 to update the court and separately notify DHS OPLA. Both must be done within five days of any move.

Step two: The Master Calendar Hearing

The first court appearance is a master calendar hearing. These are short administrative sessions where the immigration judge manages the case, confirms the respondent understands the charges and their rights, asks about legal representation, and sets the schedule. Multiple cases are heard in the same session.

At master calendar, the respondent enters a plea to the NTA charges, identifies forms of relief they intend to seek, and establishes a timeline for filing applications and evidence. If the respondent does not have an attorney at the first hearing, they can generally ask for additional time to find one.

Step three: The Individual Hearing

After master calendar, the case moves to an individual hearing, also called a merits hearing. This is the full evidentiary proceeding where the respondent presents their case for relief from removal. The judge hears testimony, receives evidence, and may question the respondent and witnesses. The DHS trial attorney presents the government's case. The judge then issues a decision.

Common forms of relief include asylum, withholding of removal, protection under the Convention Against Torture, cancellation of removal, adjustment of status, and voluntary departure. Whether any form of relief is available depends on the specific facts and immigration history of each case.

Step four: Bond Hearings

If a respondent is detained, they may request a bond hearing before an immigration judge. A bond hearing is separate from the removal hearing. The judge determines whether the respondent should be released pending their case, and at what bond amount, based on flight risk and danger to the community.

Not all detained respondents are eligible for a standard bond hearing. Those subject to mandatory detention under federal law do not have that right before an immigration judge. They may seek release through the federal courts via a habeas corpus petition.

For Nebraska detainees at Douglas County, Hall County, Sarpy County, Cass County, or McCook, bond hearings are handled by the Omaha Immigration Court.

Step five: The Decision and Appeal

After the individual hearing, the immigration judge issues a written decision. If relief is granted, the respondent may remain in the United States under the granted status. If removal is ordered, the respondent has the right to appeal to the Board of Immigration Appeals (BIA) in Falls Church, Virginia.

A BIA appeal must be filed within 30 calendar days of the immigration judge's decision. Missing that deadline forfeits the right to appeal.

If the BIA affirms the removal order, the respondent may seek review in the federal circuit court. Nebraska falls within the Eighth Circuit Court of Appeals, which covers Nebraska, Iowa, Minnesota, Missouri, Arkansas, North Dakota, and South Dakota. A petition for review must be filed in the Eighth Circuit within 30 days of the BIA's order.

How to Find Hearing Information

EOIR Automated Case Information System: 800-898-7180 (English and Spanish; TDD: 800-828-1120). Available 24 hours a day, 7 days a week. Online: acis.eoir.justice.gov

The A-Number (Alien Registration Number) is required to look up case information. It appears on immigration documents and on any EOIR hearing notice.

EOIR court finder by ZIP code: justice.gov/eoir/find-immigration-court-and-access-internet-based-hearings

Omaha Immigration Court: 1717 Avenue H, Suite 100, Omaha, Nebraska 68110

If You Miss a Hearing

Missing an immigration court hearing is one of the most serious events in a removal case. If a respondent does not appear at a scheduled hearing and has been properly notified, the immigration judge will typically issue an in absentia order of removal.

An in absentia order can sometimes be reopened, but only in limited circumstances: if the respondent did not receive proper notice, or if exceptional circumstances beyond their control prevented attendance. If a hearing has been missed, contact an immigration attorney immediately.

How Detention Connects to the Court Process

Detention and removal proceedings are separate matters. A person can be in removal proceedings without being detained (non-detained docket), or detained while their case moves through court (detained docket). The detained docket generally moves faster.

Nebraska has five confirmed ICE detention facilities: Douglas County Jail in Omaha, Hall County Jail in Grand Island, Sarpy County Jail in Papillion, Cass County Jail in Plattsmouth, and McCook Detention Center (a state Work Ethic Camp facility). All fall under Omaha Immigration Court jurisdiction. For families with a detained loved one in Nebraska, the InmateAid guide to ICE detention in Nebraska covers all these facilities in detail, including how to locate a detained person, visiting, phone, and money access.

Legal Resources for Nebraska Respondents

Immigrant Legal Center - immigrantlc.org | 402-898-1349 | Omaha - Primary immigration legal services organization in Nebraska. Provides direct representation at the Omaha Immigration Court for both detained and non-detained cases.

Nebraska Legal Aid - nebraskalegalaid.org | 402-348-1069 - Free civil legal services including immigration for low-income Nebraska residents. Multiple offices statewide.

Catholic Social Services - cssomaha.org | 402-554-0520 | Omaha - Immigration legal services in the Omaha area.

CLINIC Affiliates - cliniclegal.org - Catholic Legal Immigration Network accredited organizations in Nebraska. Search by ZIP code.

EOIR Free Legal Services List - justice.gov/eoir/free-legal-services-providers - Lists attorneys and organizations providing free or low-cost representation for the Omaha Immigration Court.

Immigration Court Online Resource (ICOR) - Available through the EOIR website - Self-help materials for respondents navigating proceedings without an attorney.

This page provides factual information about the immigration court process as it applies to Nebraska. It is not legal advice and does not create an attorney-client relationship. Immigration law is complex and individual circumstances vary significantly. Consult a licensed immigration attorney or DOJ-accredited representative for advice specific to your situation.

Immigration law and agency policy change. Court jurisdictions, hearing locations, and procedures are subject to change without notice. Always verify current court information using the EOIR Automated Case Information System at 800-898-7180 or at justice.gov/eoir. The information on this page reflects conditions as of June 2026.

Discovery Offer - Silos 1-2

Search arrest records and find out where they are

If you're trying to locate someone who was arrested or find out where they are being held, TruthFinder searches arrest records, court records, and custody status across all 50 states.

← Back to Nebraska prison guide