Continuance
A continuance in immigration court is a postponement of a scheduled hearing to a future date. Continuances are one of the primary mechanisms by which immigration cases extend over months and years, contributing significantly to the massive backlog in the immigration court system.
Immigration judges have broad discretion to grant or deny continuances. Common reasons include: the respondent needs time to find an attorney, an attorney has a scheduling conflict, the respondent is waiting on a pending application with USCIS (such as a visa petition or work permit), evidence or documents are not yet available, an interpreter is needed, or the court's own docket is overcrowded.
A single case may receive numerous continuances over its lifetime. It is not uncommon for a case to be continued 10, 15, or even 20 times before reaching a final decision. Each continuance typically pushes the next hearing out by weeks or months, depending on the court's availability. In heavily backlogged courts, a single continuance can delay the next hearing by a year or more.
The use of continuances has been a focal point of immigration court reform debates. Some argue that generous continuance policies are essential to due process — giving respondents adequate time to prepare their cases and obtain counsel. Others contend that excessive continuances contribute to a system where cases languish for years, creating uncertainty for respondents and undermining the efficiency of immigration enforcement.
Recent policy shifts have alternately encouraged and restricted the granting of continuances, with some administrations pushing judges to limit delays and others emphasizing judicial discretion and due process.
Related Terms
Master Calendar Hearing
A short procedural hearing — typically a few minutes — where the judge confirms the charges, takes pleadings, sets future hearing dates, and addresses preliminary matters. Multiple cases are scheduled in the same block.
Individual Hearing (Merits Hearing)
The full trial-like hearing where an immigration judge considers evidence, hears testimony, and makes a decision on a case. Distinguished from a "master calendar hearing," which is a short scheduling or procedural appearance.
IJ (Immigration Judge)
A DOJ attorney appointed to preside over immigration court proceedings. Immigration judges are not Article III judges — they are employees of the executive branch (DOJ), which critics argue compromises judicial independence.
Non-Detained Docket
Cases where the respondent is not in ICE custody. These cases typically take much longer to resolve due to scheduling backlogs and continuances. The vast majority of pending cases are on the non-detained docket.
Respondent
The person facing removal proceedings in immigration court — equivalent to a "defendant" in criminal court. Immigration court uses civil, not criminal, terminology.