Immigration Court

     An immigration court case begins with a Notice to Appear (NTA) which will document the charges of removability (deportation) or inadmissibility. The current proper legal term for an immigration court case is Removal Proceedings. The current proper legal term for a person who is issued an NTA is called the Respondent, not the defendant. The NTA will document many things, including the Respondent’s A number (case number), the Respondent’s name and citizenship, and the charges of removability or inadmissibility. It will also document the date, time and location for a court hearing. Although outside the scope of this informational page, there are many ways to challenge an NTA. However, most times, challenging an NTA only delays the inevitable court hearing.

MASTER HEARINGS

     The first court hearing is called a Master Hearing. At this hearing, a Respondent must admit or deny the charges listed on the NTA. A Respondent is entitled to an attorney during these proceedings, so an immigration judge may reschedule the hearing to allow a Respondent time to hire an attorney. Sometimes, an immigration judge will reschedule the hearing two or three times to accommodate counsel.

     If the charges are admitted, and no form of relief is available, a Respondent’s best bet is to seek Voluntary Departure. An immigration judge may allow up to one hundred and twenty (120) days for a Respondent to gather his or her things and leave the country without an Order of Removal on his or her record. This will allow a Respondent to reapply for a visa or green card, under certain circumstances, in the future. It is important to avoid an Order of Removal at all costs because a Respondent may be barred from reentering the country for up to five, ten or twenty years, or even permanently. In addition, if a Respondent does not show up to Master Hearing, he or she will be removed in absentia and barred from reentering the United States or seeking relief for ten or more years.

     If the charges are denied, a Respondent may contest the reason for his or her removability. Contesting a removal proceeding involves many different considerations. It is very case-law specific, depending on where the immigration court is located. In other circumstances, the government simply cannot prove a Respondent’s citizenship, criminal record or bases for removal. Due to the burden involved, the legal research and argument and other complexities, it almost always involves an attorney or legal representative to successfully contest a Removal Proceeding.

     If the charges are denied, and an immigration judge still finds a Respondent removable per the NTA, a Respondent must apply for a form of relief. There are many different forms of relief from removal possible, including:

·     Asylum, Withholding of Removal and protection under the Convention Against Torture (CAT)

·     Cancellation of Removal for Legal Permanent Residents and Non-Legal Permanent Residents

·       Adjustment of Status through family members or employers

·       Prosecutorial discretion (rare)

     A Respondent may have one or more forms of relief available. Often times, an immigration judge will reschedule the Master Hearing to allow more time to apply for one or more of the above forms of relief. As of the year 2018, most hearings are rescheduled for several months in advance. Certain forms of relief require much time and patience to properly prepare a package. There are also particular evidence rules a Respondent must follow. If a Respondent does not follow these rules, his or her request for relief may be rejected.

     Another important part of Removal Proceedings is bond. A bond hearing may be held at a Master Hearing or upon motion to the court. When a Respondent is detained and transferred to an immigration holding facility, and depending on the charges involved, he or she may petition for bond. Bond allows a Respondent to be free up until a final decision is made on his or her case. Obtaining bond is becoming an incredibility difficult thing to achieve because it is almost completely discretionary. As of the year 2018, most bonds are set at tens of thousands of dollars, and must be paid in full, in cash and only by relatives. In addition, most Respondents and their families cannot afford the services of a bondsman.

MERIT HEARINGS

     Once a rescheduled Master Hearing is held, an immigration judge will schedule a final Merits Hearing. A Merits Hearing is equivalent to a trial, where an immigration judge will hear arguments, listen to the Respondent’s testimony, review evidence, consider expert witnesses, and determine edibility. At the end of a Merits Hearing, an immigration judge will approve, deny or hold off on a decision. If relief is denied, a Respondent may appeal to the Board of Immigration Appeals, but must follow very strict appeal deadlines and rules to achieve successful review. If relief is granted, a Respondent may stay in the United States and possibly obtain a new green card and/or work authorization.

     In some aspects, a Removal Proceedings is very similar to a criminal or civil court case. In other aspects, it is very, very different. In this ever changing political climate, there are record Removal Proceedings being held across the United States, with Merit Hearing dates being scheduled years into the future. Even as the number of immigration cases grow, the number of approvals and denials remain arbitrary. It is beyond important to have attorney representation in a Removal Proceeding.

HIRE AN ATTORNEY

     If you or a loved one has been summoned to Immigration Court, do not delay. Call 484-430-4810 to schedule a consultation today.