Immigration court can be an intimidating and overwhelming experience, especially if this is your first encounter with the legal system. If you or a loved one is facing removal or deportation proceedings, understanding what to expect during the process can help alleviate some of your uncertainty. Here are some of the things that you should know about immigration court.
What Is Immigration Court?
Immigration court is part of the U.S. Department of Justice’s Executive Office for Immigration Review (EOIR). It deals exclusively with cases involving individuals who are not U.S. citizens and are facing removal from the country. Immigration judges preside over EOIR cases and make decisions about whether or not an individual will be allowed to stay in the United States. Unlike criminal or civil courts, immigration court is an administrative court. This means that the rules and procedures are different, and the outcome can have permanent and significant consequences, including deportation, detention, or the granting of lawful immigration status.
What Types of Cases Are Heard in Immigration Court?
The majority of cases heard in immigration court involve people who are in the country unlawfully or who are facing deportation because of criminal convictions. However, other types of cases may include asylum seekers fleeing persecution in their home countries, individuals seeking relief from removal based on family ties, employment, or hardship, and visa holders who have violated the terms of their visas.
What Is the Process of Appearing in Immigration Court?
The process usually begins when you receive a Notice to Appear. This document outlines the government’s allegations and reasons for seeking your removal. It will also tell you the date and location of the first hearing in immigration court. The first appearance in immigration court is typically a master calendar hearing. This is a preliminary hearing where the judge will verify that you received the notice and understand the charges against you. The judge may schedule additional hearings to allow both parties—your attorney and the government’s attorneys—to prepare their arguments.
Next, the individual hearing or merits hearing will happen. This is the trial-like stage where the judge hears both sides of the case. You and your attorney may present testimony, documentation, and witnesses to support your case. The judge may ask questions to clarify information or to assess the credibility of your claims. It is important to be prepared and to present a clear, well-organized case with your attorney.
What Are the Potential Outcomes of Your Case?
After the individual hearing, the judge may make an immediate decision or reserve judgment for a later date. There are several possible outcomes in immigration court, including:
- Removal (Deportation): If the judge rules in favor of the government, you will be removed from the U.S.
- Voluntary Departure: In some cases, the judge may allow you to leave the U.S. voluntarily within a certain time frame, which can have fewer long-term consequences than a formal removal.
- Relief from Removal: The judge may grant relief, allowing you to remain in the U.S. legally. This could be through asylum, adjustment of status, or cancellation of removal.
- Appeal: Both you and the government have the right to appeal the judge’s decision to the Board of Immigration Appeals if you disagree with the outcome.
Partner with an Experienced Personal Immigration Attorney at The Law Office of Elizabeth Anu Lawrence
If you or a loved one are facing immigration court, choose an experienced firm like the Law Office of Elizabeth Anu Lawrence to give you the help you need. Please give us a call at 443.352.3201. Skype and telephone consultation are both available to clients.