Navigating Immigration Court Proceedings: A Guide for Families and Individuals

For many immigrants facing deportation or removal proceedings, appearing in immigration court can be overwhelming. The outcome of these hearings can significantly impact their ability to stay in the United States, reunite with family, or pursue legal residency. Understanding the immigration court process, your rights, and possible defenses can make a crucial difference in your case.

This guide provides an overview of what to expect in immigration court, key preparation tips, and strategies for a strong legal defense.

What Is Immigration Court?

Immigration court is a specialized legal system within the Executive Office for Immigration Review (EOIR) under the U.S. Department of Justice. Unlike criminal or civil courts, immigration courts handle cases related to deportation, asylum, bond hearings, and other immigration matters.

An immigration judge (IJ) presides over these cases, but unlike in criminal proceedings, the government does not provide a public defender. It is the responsibility of the individual in removal proceedings to hire an attorney or seek legal aid to represent them in court.

What Happens During Immigration Court Proceedings?

Immigration court proceedings typically follow these stages:

1. Notice to Appear (NTA)
   • The government issues a Notice to Appear (NTA) to an immigrant, outlining the reasons for their removal and the date of their court hearing.
   • It is essential to attend all scheduled hearings. Missing a court date can result in an automatic order of removal (deportation in absentia).
2. Master Calendar Hearing (MCH)
   • This is a preliminary hearing where multiple cases are reviewed in a single session.
   • The judge will ask whether the individual admits or denies the charges in the NTA and whether they intend to apply for relief (such as asylum, cancellation of removal, or adjustment of status).
   • If an immigrant has legal representation, their lawyer can ask for more time to prepare the case.
3. Merits Hearing (Individual Hearing)
   • This is the final hearing, where the judge will hear testimony, review evidence, and make a ruling.
   • The immigrant (or their attorney) must present all supporting documents, legal arguments, and witnesses to defend their right to stay in the U.S.
   • The government attorney (DHS prosecutor) may present arguments for removal.
   • The judge will issue a decision, which may be given immediately or in writing at a later date.
4. Appeals Process
   • If the judge rules against the immigrant, they may appeal the decision to the Board of Immigration Appeals (BIA) or higher federal courts.
   • Appeals must be filed within 30 days of the judge’s decision.

Who Is at Risk of Deportation?

The U.S. government initiates removal proceedings for several reasons, including:

• Overstaying a visa or entering the U.S. without legal authorization.
• Criminal convictions, especially for aggravated felonies or crimes involving moral turpitude.
• Violation of visa conditions, such as unauthorized employment.
• Denied asylum applications or fraudulent claims.
• Failure to maintain lawful permanent residency requirements.

If you receive a Notice to Appear (NTA), it is crucial to consult an immigration attorney immediately to determine your best course of action.

How to Prepare for Immigration Court

1. Hire an Experienced Immigration Attorney
   • Legal representation significantly improves your chances of a favorable outcome.
   • If hiring a private attorney is not an option, seek pro bono (free) legal aid from non-profit organizations.
2. Gather Supporting Evidence
   • Collect documents proving eligibility for relief, including:
     • Birth certificates, marriage certificates, or family ties in the U.S.
     • Proof of employment, tax records, and community involvement.
     • Medical or psychological reports (if claiming hardship or asylum).
3. Understand Your Legal Options
   • Common defenses against deportation include:
     • Asylum: Fear of persecution in your home country due to race, religion, nationality, political opinion, or social group.
     • Cancellation of Removal: Available to certain immigrants who have been in the U.S. for at least 10 years and can show that deportation would cause extreme hardship to a qualifying family member.
     • Adjustment of Status: If eligible, applying for a Green Card may prevent deportation.
     • Waivers for Criminal Convictions or Visa Violations: Some individuals may qualify for a waiver that forgives past immigration violations.
4. Prepare for Your Testimony
   • If required to testify, practice answering possible questions clearly and honestly.
   • Avoid exaggerations or inconsistent statements, as they can weaken your case.
5. Arrive on Time and Dress Professionally
   • Being punctual and dressing appropriately shows respect for the court and strengthens your credibility.

What to Expect on the Day of Your Hearing

• Bring all necessary documents and a copy of your case file.
• Be respectful and attentive when speaking to the judge.
• Listen carefully to the judge’s instructions and the opposing arguments.
• Stay calm and composed, even if the process feels stressful.

If you do not speak fluent English, you can request an interpreter at the court, but it is best to notify the court in advance.

What Happens If You Lose Your Case?

If an immigration judge orders deportation, you may have options to appeal the decision:

1. File an appeal with the Board of Immigration Appeals (BIA).
2. Request reconsideration if there were errors in the case.
3. Seek federal court review if applicable.

Deportation orders are serious, but with the right legal strategy, many cases can be overturned on appeal.

Understanding the immigration court system and preparing a solid defense can make the difference between deportation and remaining in the U.S. If you or a loved one are facing immigration court proceedings, the Law Offices of Karen Monrreal in Reno, NV can provide expert legal guidance and representation. Contact us today to discuss your case and protect your future in the United States.