U.S. Immigration Removal Timeline: Detained vs. Non-Detained

The duration for final decisions on U.S. immigration removal cases in 2026 is heavily influenced by whether individuals are in detention. Those held in detention usually see their cases resolved within two to six months, as these are prioritized due to the government's financial responsibility for their housing.

Conversely, non-detained cases can extend from two to four years, with some cases taking even longer based on court location and complexity. The process begins when the Department of Homeland Security files a Notice to Appear, leading to initial master calendar hearings, which are brief procedural appearances.

Non-detained individuals may wait one to three years for a merits hearing after their last master calendar hearing. The U.S. immigration court system is facing a backlog of over 3.7 million cases, with significant understaffing contributing to delays.

Legal advisers recommend securing an attorney early, gathering documents promptly, and attending all hearings to avoid complications.