Navigating the U.S. immigration court system can be overwhelming, particularly for undocumented immigrants facing removal proceedings. If you’ve received a notice to appear in court or are unsure how to prepare for your hearing, this guide outlines essential steps and what to expect throughout the immigration court process.
Understanding the Immigration Court System
The U.S. immigration court system is overseen by the Executive Office for Immigration Review (EOIR), which operates approximately 63 immigration courts nationwide, staffed by around 400 immigration judges appointed by the U.S. Department of Justice (DOJ). Unlike criminal cases, immigration cases are decided solely by an immigration judge without a jury. These courts primarily handle cases involving detained immigrants, individuals accused of crimes, and those seeking asylum.
When individuals are charged with violating U.S. immigration laws, they must appear in court where an immigration judge will determine whether they should be deported or allowed to remain in the country.
Key Concepts: Deportation and Removal
In immigration law, deportation and removal are often used interchangeably. Deportation refers to the formal expulsion of an immigrant from the U.S. due to violations of immigration laws, while removal proceedings are the hearings that decide whether an individual should be deported. Factors leading to deportation may include criminal convictions, threats to public safety, or violations of visa terms.
The Immigration Court Hearing Process
Here’s a step-by-step overview of what to expect once you are required to appear in immigration court:
Receiving a Notice to Appear (NTA):
The process begins with a Notice to Appear (Form I-862) issued by the Department of Homeland Security (DHS). This document details the charges against you and specifies when and where your first court hearing will take place. It is crucial to attend all scheduled hearings to avoid severe consequences, including deportation.
Master Calendar Hearing (MCH):
Your first hearing will typically be a Master Calendar Hearing (MCH), which serves as a preliminary session. During this brief hearing, multiple immigrants may be heard together by the same judge. The judge will ask basic questions regarding your immigration history and plans for your case. After this hearing, you will receive a notice for your next hearing.
Individual Hearing (Merits Hearing):
The next stage is usually an Individual Hearing, where you present your case in detail. If you qualify for any immigration benefits—such as family-based petitions or asylum—this is your opportunity to provide supporting evidence. The judge will evaluate your case and determine whether you can remain in the U.S., potentially granting you legal status or protection from deportation.
Filing an Appeal:
If the judge rules against you, there is an option to appeal the decision to the Board of Immigration Appeals (BIA). Should the BIA uphold the ruling, you can further appeal to a federal Court of Appeals within 30 days. Given the complexities involved in this process, consulting with an immigration attorney is advisable.
Frequently Asked Questions (FAQs)
What rights do Undocumented immigrants have in the U.S. immigration court system?
All individuals in the U.S., including undocumented immigrants, are entitled to due process under the 14th Amendment, ensuring their cases are heard in court.
Will I be assigned an attorney for my case?
Unlike criminal cases, there is no provision for free attorneys in immigration court; however, you have the right to hire your lawyer. Various non-profit organizations offer low-cost or free legal assistance.
Can I remain in the U.S. while waiting for my hearing?
Some immigrants may be detained during this period, especially if they have prior criminal convictions. Asylum seekers often can stay in the U.S. while awaiting their hearings but may need work authorization after their case has been pending for over 150 days.
How quickly will I receive my court date?
Due to significant backlogs within the immigration system, it may take several months or even years before your court date is scheduled.
What happens if I miss my hearing?
Missing a hearing can result in a removal order issued without your presence in court. If this occurs, contact EOIR’s Immigration Case Information Hotline immediately to check if your hearing was rescheduled and explore options for reopening your case if valid reasons exist.
What are the common defenses against deportation in immigration court
Undocumented immigrants facing deportation in immigration court have several defenses available to contest removal proceedings. Here are some of the most common defenses:
1. Challenging Removability
- Not Removable: Argue that you are not removable based on the charges outlined in your Notice to Appear (NTA). The burden of proof lies with the Department of Homeland Security (DHS) to demonstrate that you are indeed removable. If successful, this could terminate the proceedings.
2. Adjustment of Status
- If eligible, you may apply for an adjustment of status, which allows you to change from a nonimmigrant to an immigrant status, often through a family relationship with a U.S. citizen or lawful permanent resident
3. Asylum
- If you fear persecution in your home country based on race, religion, nationality, political opinion, or membership in a particular social group, you may qualify for asylum. You must demonstrate a well-founded fear of persecution.
4. Withholding of Removal
- Similar to asylum but with a higher standard of proof, withholding of removal requires you to show that it is more likely than not that you would face persecution if returned to your home country.
5. Protection Under the Convention Against Torture (CAT)
- You may seek protection under CAT if you can prove that it is more likely than not that you would be tortured if returned to your home country.
6. Cancellation of Removal
- If you have been in the U.S. for a certain period and meet specific criteria (such as having a U.S. citizen or lawful permanent resident family member), you may be eligible for cancellation of removal, which allows you to remain in the U.S.
7. Deferred Action and Prosecutorial Discretion
- You might qualify for deferred action, where the government temporarily halts your removal proceedings. Prosecutorial discretion may also apply, allowing immigration authorities to decide not to pursue your case.
8. Voluntary Departure
- This option allows you to leave the U.S. voluntarily without facing formal deportation, which can help avoid some negative consequences associated with removal.
9. Defective NTA
- If there are defects in your NTA, such as improper service or lack of jurisdiction, this could lead to termination of your removal proceedings.
The immigration court process can feel daunting; however, you do not have to navigate it alone. Consulting with an experienced immigration attorney can provide valuable guidance and support throughout your case.
By understanding these procedures and seeking appropriate legal assistance, you can better prepare for your immigration court hearing and enhance your likelihood of success.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel straightforward and successful. Whether you’re applying for an Asylum Visa or a T Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas have a strong record of helping clients secure the visas/permits they need for International travel. You can call us today at +234 812 5505 986 to learn how we can help you.
