New Mexico has one EOIR immigration court, the Otero Immigration Court, located at the Otero County Processing Center in Chaparral (southern New Mexico near El Paso). This court exclusively handles detained cases at Otero County Processing Center. Non-detained New Mexico cases and cases originating from the Albuquerque DHS sub-office route to the El Paso Immigration Court in Texas.
New Mexico's detention landscape is highly volatile as of mid-2026. The New Mexico Immigrant Safety Act (HB 9, effective May 20, 2026) prohibits local governments and law enforcement agencies from contracting with ICE to detain people. The New Mexico Attorney General has declared the Otero County Processing Center contract illegal. Active litigation is ongoing. Always verify the current operational status of any New Mexico detention facility and associated immigration court before relying on the information here.
This page explains how immigration court works in New Mexico, how to find hearing information, and what the removal proceeding process looks like from start to finish.
New Mexico's Immigration Court Structure
Otero Immigration Court (detained Otero County Processing Center cases):
Otero County Processing Center
Chaparral, New Mexico
The Otero court handles detained respondents at the Otero County Processing Center in Chaparral. Bond hearings are accepted at the Otero facility on-site Monday through Friday 9 AM to 3 PM. Albuquerque sub-office deportation officers handle Cibola County cases - those respondents may also appear before this court or El Paso depending on facility assignment.
VOLATILE: The Otero County Processing Center's continued operation as an ICE facility is subject to active litigation under the New Mexico Immigrant Safety Act. The New Mexico Supreme Court and state courts were considering petitions challenging the facility's ICE contract as of mid-2026. Verify operational status before traveling to or filing with this court.
El Paso Immigration Court (New Mexico non-detained and Albuquerque DHS sub-office cases):
1545 Hawkins Boulevard, Suite 167
El Paso, Texas 79925
Non-detained New Mexico respondents and cases issued by the Albuquerque, New Mexico DHS sub-office may have their cases at the El Paso Immigration Court in Texas. Always confirm via the EOIR Automated Case Information System at 800-898-7180.
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 Otero County Processing Center detainees, bond is accepted on-site Monday through Friday 9 AM to 3 PM. Bond hearings before an immigration judge are handled by the Otero 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. New Mexico falls within the Tenth Circuit Court of Appeals, which covers New Mexico, Colorado, Kansas, Oklahoma, Utah, and Wyoming. A petition for review must be filed in the Tenth 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
Otero Immigration Court: Otero County Processing Center, Chaparral, New Mexico - VOLATILE, verify operational status before traveling
El Paso Immigration Court (NM non-detained): 1545 Hawkins Boulevard, Suite 167, El Paso, Texas 79925
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.
New Mexico's three ICE detention facilities - Otero County Processing Center, Cibola County Correctional Center in Milan, and Torrance County Detention Facility in Estancia - are all subject to the New Mexico Immigrant Safety Act. As of mid-2026, Cibola County had voted to exit its ICE contract and Torrance County had been removed from its contract. Otero is under active legal challenge.
For families with a detained loved one in New Mexico, the InmateAid guide to ICE detention in New Mexico covers the current status of all three facilities and how to locate a detained person. New Mexico Immigrant Law Center (nmilc.org, 505-243-1416) is the primary legal resource.
Legal Resources for New Mexico Respondents
New Mexico Immigrant Law Center (NMILC) - nmilc.org | 505-243-1416 | Albuquerque - Primary immigration legal services organization in New Mexico. Direct representation and Know Your Rights education statewide.
ACLU of New Mexico - aclu-nm.org | 505-266-5915 - Active in litigation challenging ICE detention under the New Mexico Immigrant Safety Act.
New Mexico Legal Aid - nmlegalaid.org | 505-243-7871 - Free civil legal services for low-income New Mexico residents including immigration matters.
Catholic Charities of New Mexico - ccasfnm.org | 505-724-4640 - Immigration legal services statewide.
CLINIC Affiliates - cliniclegal.org - Catholic Legal Immigration Network accredited organizations in New Mexico. 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 Otero and El Paso immigration courts.
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 New Mexico. 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. New Mexico's detention and court landscape is especially volatile as of mid-2026 due to active state-level litigation. Always verify current court and facility information using the EOIR Automated Case Information System at 800-898-7180 or at justice.gov/eoir before acting on any information here. The information on this page reflects conditions as of June 2026.
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