North Carolina · Updated July 2026 · Verified by InmateAid

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

North Carolina has one EOIR immigration court in Charlotte. It covers the Atlanta DHS District's NC and SC sub-offices. Most NC detainees transfer to Stewart Detention Center in Georgia. Step-by-step guide.

North Carolina has one EOIR immigration court, located in Charlotte. The Charlotte Immigration Court covers the North Carolina and South Carolina sub-offices of the Atlanta DHS District. North Carolina is one of the most active enforcement states in the country, with more than 3,000 ICE arrests in 2025 and more than 25 active 287(g) agreements. Most North Carolina detainees are transferred to Stewart Detention Center in Lumpkin, Georgia, where their cases proceed before the Stewart Immigration Court rather than the Charlotte court.

This means that the Charlotte court primarily handles non-detained North Carolina cases, while the Stewart court handles most detained North Carolina cases. Understanding which court controls a specific case is critical.

This page explains how immigration court works in North Carolina, which courts handle which cases, how to find hearing information, and what the removal proceeding process looks like from start to finish.

North Carolina's Immigration Court Structure

Charlotte Immigration Court (North Carolina non-detained cases and South Carolina):

Carmel Commons Business Park

5701 Executive Center Drive, Suite 400

Charlotte, North Carolina 28212

The Charlotte court covers the North Carolina DHS sub-office and the South Carolina DHS sub-office, both of which are sub-offices of the Atlanta DHS District. Non-detained respondents whose cases originate from these sub-offices appear before the Charlotte court.

Stewart Immigration Court (most North Carolina detained cases):

146 CCA Road

Lumpkin, Georgia 31815

The Stewart court, located at the Stewart Detention Center in rural southwest Georgia, handles the detained docket for the Atlanta DHS District including North Carolina. Most North Carolina ICE detainees are transferred to Stewart, where their removal proceedings take place. Stewart is approximately 3 to 5 hours from most North Carolina locations.

Atlanta Ted Turner Drive Immigration Court (some North Carolina detained cases):

180 Ted Turner Drive, SW, Suite 241

Atlanta, Georgia 30303

Some North Carolina detainees held at facilities other than Stewart may have their cases at the Atlanta Ted Turner Drive court. Etowah County Detention Center in Alabama, which also receives NC detainees, falls under Ted Turner jurisdiction.

Always use the EOIR Automated Case Information System at 800-898-7180 or the hearing notice to confirm which court controls a specific case.

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 North Carolina detainees at Stewart, bond hearings go through the Stewart Immigration Court. For North Carolina non-detained respondents, any bond hearing is at the Charlotte 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. North Carolina falls within the Fourth Circuit Court of Appeals, which covers North Carolina, South Carolina, Maryland, Virginia, and West Virginia. A petition for review must be filed in the Fourth 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

Charlotte Immigration Court (NC non-detained): 5701 Executive Center Drive, Suite 400, Charlotte, NC 28212

Stewart Immigration Court (most NC detained): 146 CCA Road, Lumpkin, GA 31815

Atlanta Ted Turner Drive (some NC detained): 180 Ted Turner Drive SW, Suite 241, Atlanta, GA 30303

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. Stewart Detention Center is located in a remote rural area of southwest Georgia, which significantly limits practical access to legal counsel.

For families with a detained loved one whose case originated in North Carolina, the InmateAid guide to ICE detention in North Carolina covers Alamance County Detention Center in Graham, New Hanover County, and the Stewart Detention Center transfer pathway, including how to locate a detained person, visiting, phone, and money access.

Legal Resources for North Carolina Respondents

Siembra NC - siembranc.org | Greensboro - Immigrant rights organization with rapid response capacity, Know Your Rights education, and legal referrals.

ACLU of North Carolina - aclu-nc.org | 919-834-3466 - Has monitored ICE enforcement, 287(g) agreements, and proposed detention sites in North Carolina.

Legal Aid NC - legalaidnc.org | 866-219-5262 - Free civil legal services statewide including immigration for low-income North Carolinians. Multiple regional offices.

Latin American Coalition - latinamericancoalition.org | 704-531-5511 | Charlotte - Immigration legal services in the Charlotte area.

Georgia Detention Watch - georgiadetentionwatch.org | 678-832-7587 - Monitors and provides resources for detainees at Stewart Detention Center in Georgia, where most NC detainees are transferred.

CLINIC Affiliates - cliniclegal.org - Catholic Legal Immigration Network accredited organizations in North Carolina. 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 Charlotte and Stewart 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 North Carolina. 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.

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