Remote Appearances in Immigration Court and Motions to Appear Remotely in Immigration Court

Date of Information: October 21, 2026

Preparing for a Remote Immigration Court Appearance

Start Here: Confirm How You Are Required to Attend

This page provides general instructions about arranging and participating in a remote immigration court hearing. Its practical guidance applies to all hearing types when the court authorizes remote participation. It does not explain what happens at a particular type of hearing, such as a master calendar hearing or an individual merits hearing. Those subjects are covered separately. See our guide to master calendar hearings.

The focus here is permission to appear remotely, motions requesting that permission, finding the correct virtual courtroom, and using Webex on a computer, phone, or tablet.

Before making travel or technology plans, confirm how you personally must attend: in person, by video, or by telephone. Read the latest hearing notice and all subsequent court orders, and review them with your attorney. Different participants may have different attendance requirements. An attorney may be authorized to join remotely while the respondent must attend court, or the judge may appear by video while the respondent is physically in a courtroom.

A publicly available Webex link is an address, not permission to appear remotely. EOIR’s directory currently instructs unrepresented respondents to appear in person by default, regardless of the hearing-medium indication in the directory. Resolve any uncertainty or inconsistency with counsel or the immigration court before the hearing. Read EOIR’s current access instructions and court directory.

What Authorizes Remote Immigration Court Hearings?

For removal proceedings, the principal authorities include:

INA § 240(b)(2)(A), 8 U.S.C. § 1229a(b)(2)(A), which authorizes specified hearing formats, including video conference and telephone conference, subject to statutory limits.
INA § 240(b)(2)(B), which permits an evidentiary hearing on the merits by telephone only with the respondent’s consent after being advised of the right to proceed in person or through video conference.
INA § 240(b)(4), which provides procedural protections concerning representation, evidence, and the record of proceedings. Those protections remain relevant in a remote hearing.
8 C.F.R. § 1003.25(c), which permits video hearings to the same extent as in-person hearings and separately addresses telephone hearings and the consent required for a telephone evidentiary hearing on the merits.
8 C.F.R. § 1003.10(b) and 8 C.F.R. § 1240.1(c), addressing immigration judges’ authority and responsibilities in managing proceedings.
EOIR Immigration Court Practice Manual § 3.6, addressing hearing formats. The procedural rules generally apply whether the proceeding is in person or remote.
EOIR Policy Memorandum 21-03, Internet-Based Hearings, addressing internet-based hearings and judicial discretion, together with applicable standing orders and case-specific instructions.

These authorities give immigration judges the right to use remote proceedings. They do not give every participant an unrestricted right to choose the location or format of an appearance.

Important Change to Older EOIR Guidance

EOIR began routinely holding internet-based hearings through Webex during the COVID-19 pandemic, and all immigration courts now have the capacity to hold such hearings. Older EOIR materials may cite Director’s Memorandum 22-07, issued in August 2022, for guidance favoring the grant of remote-appearance requests. EOIR rescinded that memorandum on March 14, 2025, through Policy Memorandum 25-25. The rescission did not repeal the underlying statutory and regulatory authority for remote hearings, but the earlier preference should not be presented as current policy. The rescission refers back to existing guidance, including PM 21-03.

What Has the BIA Said About Video Hearings?

In Matter of R-C-R-, 28 I&N Dec. 74, 79–83 (BIA 2020), the Board of Immigration Appeals rejected a due process challenge to a video hearing where the respondent did not establish a communication or equipment failure, identify a resulting impairment of his ability to present his case, or demonstrate prejudice.

The decision illustrates why actual problems matter: difficulty communicating confidentially with counsel, reviewing evidence, hearing testimony, or participating because of an audio or video failure should be identified promptly and specifically. A remote format does not eliminate the right to a fair proceeding.

The decision does not create an automatic right to appear from home or require approval of every remote-appearance motion. Its focus is the fairness of the proceeding in the circumstances presented.

Requesting Permission: Motions to Appear Remotely

If the court has already scheduled and authorized your appearance remotely, a separate motion may be unnecessary. If you want to change an in-person appearance to a remote appearance, first check the hearing notice, applicable standing orders, and any case-specific instructions. Represented respondents should work through their attorney.

A useful motion identifies:

Every respondent covered by the request, including any family members whose attendance arrangements are involved.
The hearing date, time, and assigned immigration judge.
Who seeks remote participation: the respondent, attorney, witnesses, or some combination.
Whether the request is for Webex video or for telephone participation. These are different hearing formats.
The specific reasons for the request and supporting evidence where appropriate, such as a declaration or relevant records.
How the proposed arrangement will provide reliable technology and full participation, including interpretation and access to documents.
DHS’s position, or efforts to obtain it, when required by the applicable rules or instructions.

Medical needs, disability-related needs, travel burdens, and witness circumstances may be relevant, but mentioning one does not automatically establish that remote attendance must be granted. Explain the actual circumstances and the proposed solution. Follow the filing and service requirements in Practice Manual § 4.1 and § 4.2, together with the court’s orders. Assertions in a motion are not a substitute for supporting evidence when evidence is needed.

File Early and Check the Actual Deadline

There is no single filing deadline that should be assumed to govern every remote-appearance request. The Practice Manual distinguishes among hearing types and detention settings, and judges may set specific deadlines. For example, general rules for advance rulings at many non-detained master calendar hearings use a 15-day deadline, while advance submissions for individual hearings commonly use a 30-day deadline. These examples are not a universal remote-motion rule. Consult Practice Manual § 2.1 and the orders in your case. Explain any emergency or late request; late acceptance or a ruling before the hearing is not guaranteed.

Why Might a Judge Deny a Request?

Depending on the case, concerns may include unreliable technology, difficulty interpreting or reviewing evidence, privacy, the ability to conduct an orderly and fair hearing, or an unsupported or untimely request that conflicts with court instructions. These are practical considerations, not a nationwide checklist requiring denial. Judicial discretion operates within the applicable law and procedural protections. Address the specific concerns and propose workable arrangements.

A pending motion does not change your attendance requirements. Obtain a ruling and follow the latest controlling order. Silence is not approval unless a controlling order expressly provides otherwise.

Remote Attendance Is Different From Waiver of Appearance

Remote attendance means you must attend through the authorized connection. A waiver of appearance excuses attendance only to the extent the judge permits. 8 C.F.R. § 1003.25(a) addresses waiver of a respondent’s presence for good cause under specified conditions; subsection (c) separately addresses video and telephone hearings. See also Practice Manual § 3.14(m)–(n).

Permission for counsel to appear remotely does not automatically authorize the client to appear remotely or excuse the client from attending. Permission for one hearing also should not be assumed to apply to later hearings. Confirm the arrangement for each participant and each hearing.

Remote Appearance May Still Require a Trip to Your Attorney’s Office

Permission to appear remotely does not necessarily mean permission to participate from home. Some judges may condition remote participation on the respondent and attorney being in the same physical location, usually counsel’s office. If that is the arrangement the judge requires, you must travel there even though neither you nor your attorney needs to go to the courthouse.

The court may also require you and your attorney to use the same connection and remain visible together in the camera image. Confirm the precise requirements: being in the same building does not necessarily satisfy an instruction to appear together on the same screen.

There is no universal rule requiring every attorney and respondent to be together for every remote hearing. Practice Manual § 3.6(b) recognizes that participants need not necessarily be in the same physical location. Your hearing notice, case-specific orders, and the judge’s instructions control the permitted arrangement.

Why Might the Court Require You to Appear Together?

Depending on the circumstances, appearing together may help the court confirm identity and physical location, provide a tested connection and camera, simplify troubleshooting through one person coordinating the shared connection, and facilitate appropriate communication and document review with counsel. These are possible practical considerations, not a mandatory nationwide checklist or a guarantee that an office connection will never fail.

The asylum statute’s physical-presence or arrival requirement for applying for asylum does not itself require the respondent and attorney to sit in the same room. A particular judge’s attendance instructions are a separate matter.

Before hearing day, confirm where you must be, who will supply the equipment, and whether you must share a connection and camera view. If the required arrangement is impracticable, raise the issue early and request clarification or an alternative. Remote-hearing permission is not permission to travel abroad or participate from another country. Discuss any proposed international travel with counsel before making arrangements.

Find the Correct Judge’s Webex Room

Use EOIR’s official directory to find your immigration court and assigned judge. The directory provides court information and internet-based hearing links. Compare the entry with your latest notice and any instructions from counsel or the court; do not guess or construct a meeting address.

Find Your Immigration Court and Access Internet-Based Hearings

Check the assigned judge and connection details shortly before the hearing because assignments and instructions may change. Save the exact authorized link, the court’s telephone number, and your attorney’s contact information somewhere you can access if your hearing device stops working. A meeting link does not override an in-person attendance requirement. Do not enter a judge’s courtroom merely to test your equipment or observe someone else’s hearing; follow EOIR’s visitor and hearing-access instructions.

Prepare Your Technology Before Hearing Day

Several days before the hearing, if possible, test the device and internet connection you intend to use. A laptop or desktop is often easier for viewing documents. A phone or tablet may be suitable when the court permits it and it meets the hearing’s needs, but its smaller screen and controls can make participation more difficult.

Prepare a working camera, microphone, speakers or headset, reliable internet access, a charger, and a quiet, private, well-lit location. Position the camera at eye level, keep necessary documents and contact numbers within reach, and have a backup contact plan. Silence notifications, close unnecessary applications, arrange childcare or other assistance if needed, and plan to remain available throughout the session.

The Executive Office of Immigration Review, including all immigration courts, uses Webex for video conferencing. Webex is currently a Cisco service. Click on the button below to go to the Cisco page for downloading the latest version of Webex.

Once you have installed Webex on your phone or computer, use Cisco’s Webex test meeting to check your setup. Do not use an immigration judge’s meeting room as a technology test.

Joining From a Laptop or Desktop

Open the exact Webex link authorized for your hearing.
If Webex is installed, open the meeting in the application when prompted. A browser-based option may also be offered if supported; confirm it works before hearing day.
Enter the name or identification information the court requires.
Allow the application or browser to access the camera and microphone. Review the preview screen and select the correct camera, microphone, and speaker.
Choose the appropriate audio connection and join as instructed.

Buttons and available options vary by device, browser, application version, and the court’s meeting settings. Some meetings may impose additional authentication requirements. Read Cisco’s Webex web-app instructions.

Joining From an iPhone, Android Phone, or Tablet

Install the official Cisco Webex application required for your device before hearing day.
Open the court’s exact meeting link and allow it to open in the application. If installing the app interrupted the process, return to the original link.
Enter the required name, grant camera and microphone permissions, and check the audio and video preview.
Join as instructed, keep the device plugged in, and place it on a stable surface. Do not drive or move around during the hearing.

Confirm that the court allows the proposed device and connection. Video participation through a phone application is different from dialing into a telephone hearing. Read Cisco’s mobile meeting instructions.

Entering the Virtual Courtroom

As a practical precaution, aim to connect 20–30 minutes early unless the court gives different instructions. Use your real name and the naming format the court requires, rather than a device label such as “iPhone.” Include an A-number only if instructed.

You may enter a lobby or waiting area until the host admits you. Waiting does not mean the hearing is canceled. Stay attentive and available. If the scheduled time arrives and you are unsure whether you are connected correctly, contact your attorney or the court promptly.

Use one audio source to prevent feedback, and follow the court’s directions about muting and keeping your camera on. If you and counsel share a room, coordinate the microphone and speakers before the hearing. Read Cisco’s guest-joining instructions.

Download Webex on This Device

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Interpretation, Privacy, and Courtroom Conduct

Tell counsel and the court about language and disability-related needs early. Under Practice Manual § 3.10, the court provides an interpreter when a respondent does not speak and understand English sufficiently. Interpreter requests generally should be made no later than 30 days before the hearing at which the interpreter is needed. If the hearing is sooner, raise the need immediately. Identify the correct language and dialect.

Pause to allow interpretation. If you cannot hear or understand the interpreter, tell the judge immediately. Do not use automatic translation as a substitute for the court’s interpreter arrangements.

A remote hearing is a court proceeding. Dress appropriately, remain attentive, and identify anyone else present as required. Do not receive undisclosed coaching or messages while testifying. Ask for a break if you need a private conversation with counsel; do not assume a meeting chat is confidential. Remain connected until the court excuses you.

Do not photograph, record, livestream, or activate an AI transcription tool for the hearing. The court maintains the official record. 8 C.F.R. § 1003.28 prohibits other photographic, video, electronic, or similar recording devices during proceedings.

If You Cannot Connect or Are Disconnected

Try promptly to reconnect through the confirmed link.
Contact your attorney and the immigration court using the numbers you saved beforehand. Explain the specific problem and remain reachable.
Follow any authorized backup instructions. Do not assume that a different connection method is permitted.
Preserve the time of the failure, error messages, and your attempts to contact the court or counsel. An error-screen image may be useful if it does not capture the hearing; do not photograph or record the proceeding.

If you can hear but cannot speak, cannot see an exhibit, or are losing audio, alert the court immediately and ask for the problem to be addressed. A failed connection does not automatically postpone the hearing or excuse an absence. Failure to appear can have serious consequences, including an in absentia removal order when the legal requirements are met. See INA § 240(b)(5).

Can I Simply Call In Instead?

Not necessarily. Video and telephone are different formats. A published dial-in number does not itself authorize telephone attendance. EOIR’s directory currently lists 1-415-527-5035 with the relevant judge’s access code for telephone access, but use the current instructions and this method only when authorized. Telephone participation remains subject to the applicable rules and the judge’s directions, including any restrictions on cell-phone use.

Your Final Remote-Hearing Checklist

Confirm the authorized format and location for each participant, including whether you and counsel must appear together.
Make sure any necessary motion has been decided; do not treat a pending request as permission.
Verify the judge, hearing date, time, and time zone.
Save the correct meeting link and backup court and attorney contacts.
Test the camera, microphone, speakers, internet connection, and charger.
Confirm interpretation and any disability-related arrangements.
Have your documents and necessary identification available.
Use a quiet, private location and remain connected until excused.

How Charles International Law Can Help

Charles International Law can help you understand the attendance requirements in your case, prepare a motion when appropriate, and plan a workable remote-hearing setup. Review the actual notice and orders with your attorney before making assumptions about where or how to attend.

This guide provides general information about remote-hearing logistics and procedure. Case-specific notices, court orders, and current instructions control your attendance requirements.