The Department of Homeland Security (DHS) may file a Notice to Appear with the Immigration Court. This will begin the process of deportation/removal hearings. You have the option to conduct your hearing in person, by video conference, or, in certain circumstances, by telephone conference. Immigration Judges may proceed with the heather whether or not the foreign national is present, therefore it is extremely important for all parties to attend and ensure a positive outcome. In order to approve a deportation, the DHS must present evidence that the person’s entry to the United States was illegal.
Following a deportation hearing, the foreign national is placed in removal. This is a much more formal process.
There are two types of court dates in Immigration Court: Master Calendar and Individual Hearings. A Master Calendar date will come first. Here the Immigration Judge will deal with administrative issues, including scheduling, filing applications, pleading to the immigration charges, and other issues that arise.
Other topics included at a Master Calendar date are:
At the master calendar hearing the individual should be prepared to:
In immigration court, individual calendar hearings address evidence and merits regarding contested matters. An individual hearing may be scheduled at the master calendar hearing. Contested matters include challenges to removability/deportability and applications for relief. The foreign national may also present evidence and testimony on his or her behalf and object to the government’s evidence. After the opposing cases have been presented, the Immigration Judge will either enter an oral ruling at the conclusion of the hearing or issue a decision at a later date.
At the Federal Practice Group, our team is committed to defending foreign nationals at an Immigration Court. Whatever your specific needs are, our attorneys are happy to answer your questions and help you receive a positive outcome. Contact the Federal Practice Group today to schedule a consultation.
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