Texas, United States — immigration · immigration

How to Respond to a Motion to Recalendar in Texas Immigration Court

The Department of Homeland Security (DHS) is actively moving to reopen thousands of administratively closed immigration cases across Texas. If you receive a Motion to Recalendar, you must act immediately to file an opposition and protect your status. Discover your rights, critical deadlines, and how to fight back in Texas immigration courts.

What the Law Says in Texas

In the United States, administrative closure is a vital docket management tool that allows an Immigration Judge to temporarily pause deportation proceedings. Many noncitizens from countries such as Mexico, Venezuela, Honduras, and El Salvador have had their cases closed for years while waiting for collateral applications, such as family-based petitions or humanitarian visas, to be processed by U.S. Citizenship and Immigration Services (USCIS). However, on June 22, 2026, a federal district court in the Northern District of Texas issued a sweeping decision in Texas v. U.S. Department of Justice (Case No. 7:26-cv-00070-O), vacating the 2024 federal regulation that codified immigration judges' authority to grant administrative closure.

Following this ruling, the ICE Office of the Principal Legal Advisor (OPLA)—the prosecuting agency representing the Department of Homeland Security (DHS)—has aggressively targeted administratively closed cases. DHS is filing thousands of Motions to Recalendar to pull these paused cases back onto the active docket in Texas immigration courts, including those in Houston, Dallas, San Antonio, and El Paso. Despite the vacatur of the 2024 rule, binding Board of Immigration Appeals (BIA) precedent in Matter of W-Y-U-, 27 I&N Dec. 17 (BIA 2017) remains active. Under Matter of W-Y-U-, the primary consideration when deciding whether to recalendar a case is whether the party opposing closure (DHS) has provided a persuasive, case-specific reason to proceed on the merits, rather than relying on automated templates.

How to Structure Your Opposition

If you receive a Motion to Recalendar, you cannot ignore it. Under Chapter 4.12 of the Executive Office for Immigration Review (EOIR) Practice Manual, any motion filed by the government is deemed unopposed unless you file a timely written response. To fight back, you must draft and file a formal 'Respondent's Opposition to DHS's Motion to Recalendar'. Your written opposition must show the Immigration Judge that reopening your deportation case would be an inefficient use of court resources and highly detrimental to your ongoing path to legal status.

Your opposition package must contain specific legal components to be accepted by the court. First, it requires a clear Cover Page labeled 'RESPONDENT'S OPPOSITION TO DHS'S MOTION TO RECALENDAR' following EOIR formatting rules. Second, you must write a legal brief explaining why your case should remain closed under Matter of W-Y-U- and Matter of Coronado-Acevedo, 28 I&N Dec. 648 (BIA 2022). For example, if you have a pending Form I-130, Form I-601A waiver, or a U visa application, you should attach your Form I-797 USCIS receipt notices as evidence. Finally, you must include a signed Certificate of Service confirming that you delivered a copy of your response to the specific OPLA office prosecuting your case.

Filing Deadlines and Next Steps

Time is your greatest enemy when dealing with the federal immigration court system. Under Chapter 3.1 of the EOIR Practice Manual, you have only ten (10) calendar days from the date the DHS motion was received by the immigration court to file your written opposition. If you miss this tight window, the judge will likely grant the government's motion, reinstate your case, and schedule a Master Calendar Hearing. If you are unable to compile your response and evidence within this period, you must immediately file a written 'Motion for Extension' detailing 'good cause' under 8 C.F.R. § 1003.23(a).

Your documents must be filed properly, either electronically through the EOIR Courts & Appeals System (ECAS) portal or via paper filing directly at the clerk's window of the specific Texas immigration court handling your case. Additionally, because your address may have changed during the years your case was administratively closed, you must file a Change of Address Form (EOIR-33/IC) alongside your opposition. Failing to update your address could lead to the court mailing hearing notices to an old home, resulting in an in-absentia deportation order if you miss a scheduled hearing.

Navigating federal immigration rules under extreme time pressure is incredibly stressful, but you do not have to do it alone. While this guide provides essential legal education, it is not a substitute for formal legal advice. Caunsel is not a law firm, does not represent you, and cannot file court documents on your behalf. However, you can use Caunsel's platform to deeply research Texas immigration precedents, organize and save your legal documents securely in a personalized case file, or quickly connect with an independent, licensed immigration attorney who can represent you in court and defend your future in the United States.

Steps

• Identify the Deadline: Check the date on the DHS Motion to Recalendar and calculate your 10-day deadline from the date of receipt under EOIR Practice Manual rules.
• Gather USCIS Evidence: Collect copies of pending Form I-797 receipt notices (such as for an I-130, I-601A, U visa, or T visa) to prove your active progress toward legal status.
• Draft the Opposition: Write a detailed legal response invoking Matter of W-Y-U- and explaining why restarting deportation proceedings is an inefficient use of judicial resources.
• Complete the Cover Page and Service: Prepare a cover page formatted to EOIR standards and draft a Certificate of Service proving you served a copy on the local OPLA trial attorneys.
• File with the Court: Submit your completed response electronically via the ECAS portal or by mail/hand-delivery to the clerk of your designated Texas immigration court.
• Update Your Address: Submit Form EOIR-33/IC if your address has changed since your immigration court case was first administratively closed.

Common mistakes

• Assuming a closed case is dismissed: Administrative closure is only a temporary pause. The case remains active, and ignoring a DHS motion to recalendar will result in your case being reopened without your input.
• Missing the 10-day response window: The immigration court moves incredibly fast; failing to respond within 10 calendar days allows the judge to treat the government's motion as unopposed and automatically schedule you for deportation proceedings.
• Failing to serve the DHS prosecuting attorney: Any document submitted to the court must be served on OPLA. Failing to attach a completed Certificate of Service can result in the judge rejecting your entire filing.

Questions people ask

What happens if the judge grants the DHS motion to recalendar?

If the Immigration Judge grants the motion, your case is placed back on the active docket. The court will mail a hearing notice for a Master Calendar Hearing to your address on file. You must attend this hearing; failing to appear will result in an automatic order of removal (deportation) in your absence.

Does the recent Texas v. DOJ ruling mean all closed cases are reopened?

No. The June 2026 ruling in Texas v. DOJ vacated the 2024 administrative closure regulations, but it did not automatically reopen or recalendar individual cases. Instead, it prompted DHS to file individual motions to recalendar, which you still have the legal right to oppose.

Can I request more time to file my opposition?

Yes. If 10 days is not enough time to gather evidence or secure legal representation, you can file a 'Motion for Extension of Time to File Response' with the immigration court, but you must show 'good cause' and file it as early as possible before the 10-day deadline expires.

General information only, last updated 2026-10-03. Caunsel is not a law firm and does not practise law. AI answers and this guide are not legal advice. Verify filings, deadlines, and statutes with a licensed lawyer in Texas, United States — immigration.