North Dakota does not have its own EOIR immigration court. All immigration cases originating in North Dakota - both detained and non-detained - fall under the administrative control of the Fort Snelling Immigration Court in Minnesota. The Fort Snelling court specifically covers Burleigh-Morton County Detention Center in Bismarck, which is North Dakota's primary ICE detention facility. North Dakota has been a significant site for federal court litigation over ICE detention practices, with U.S. District Court Judge Daniel Hovland ordering bond hearings in multiple North Dakota cases.
This page explains which court handles North Dakota cases, how to find hearing information, and what the removal proceeding process looks like from start to finish.
Which Court Handles North Dakota Immigration Cases
The Fort Snelling Immigration Court has administrative control over all North Dakota immigration cases.
Fort Snelling Immigration Court
1 Federal Drive, Suite 1850
Fort Snelling, Minnesota 55111
The Fort Snelling court covers the St. Paul DHS District Office, including sub-offices, and has specific jurisdiction over Burleigh-Morton County Detention Center in Bismarck, North Dakota. The Fort Snelling court's jurisdiction extends to Iowa, Minnesota, North Dakota, and South Dakota. Hearings for North Dakota detainees at Burleigh-Morton are typically conducted by video teleconference.
Always use the EOIR Automated Case Information System at 800-898-7180 to confirm the controlling court and hearing format for any 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. The Trump administration's July 2025 policy change eliminated standard bond hearings for most interior detainees. However, North Dakota U.S. District Court Judge Daniel Hovland ordered ICE to allow bond hearings in multiple North Dakota cases, finding the mandatory detention policy violates federal law. Seven emergency habeas corpus petitions were filed in North Dakota federal court in the year ending February 2026. If a person is detained in North Dakota and has been denied a bond hearing, contact an immigration attorney immediately - the legal landscape in North Dakota on this issue has been more favorable than many states.
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 Dakota falls within the Eighth Circuit Court of Appeals, which covers North Dakota, Iowa, Minnesota, Missouri, Arkansas, Nebraska, 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
Fort Snelling Immigration Court (all North Dakota cases): 1 Federal Drive, Suite 1850, Fort Snelling, Minnesota 55111
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.
Burleigh-Morton County Detention Center in Bismarck is North Dakota's primary ICE detention facility. It is located at 4000 Apple Creek Road, PO Box 2499, Bismarck, ND 58502. For families with a detained loved one in North Dakota, the InmateAid guide to ICE detention in North Dakota covers Burleigh-Morton, how to locate a detained person, visiting procedures, phone, and money access.
Legal Resources for North Dakota Respondents
Legal Services of North Dakota - legalassist.org | 800-634-5263 - Free civil legal services for low-income North Dakotans including immigration matters. First call for anyone with a North Dakota immigration detention matter.
ACLU of North Dakota - aclund.org | 701-354-3633 - Has monitored ICE enforcement and detention in North Dakota.
Immigrant Law Center of Minnesota (ILCM) - ilcm.org | 651-641-1011 - Serves the region including North Dakota under Fort Snelling court jurisdiction.
CLINIC Affiliates - cliniclegal.org - Catholic Legal Immigration Network accredited organizations in North Dakota. 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 Fort Snelling Immigration Court, which covers North Dakota.
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 Dakota. 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.