Individual hearing in immigration court

The most important part of a deportation process is the individual hearing in Immigration Court. 

This court is where your future in the United States is decided. Therefore, it is key to prepare beforehand to increase your chances of obtaining a favorable outcome.

What Is An Individual Hearing In Immigration Court

An individual hearing in Immigration Court, also called a merits hearing, is usually the last hearing before the judge makes a final decision about your immigration case.

In these hearings your case is presented and evaluated to determine if you will be deported or qualify for any immigration relief.

Why Do I Have To Go To Immigration Court?

All immigrants in the United States have the right to a hearing in Immigration Court before being deported. 

In this court, an immigration judge will determine if you can remain in the country or if you will be deported. However, to convince the judge that you should not be deported, you must show that:

• Immigration authorities are wrong to believe that you should be deported, or
• You are eligible for immigration relief that allows you to stay in the United States.

It should be noted that if you have already been deported previously, you will not have this right. Of course, if you tell immigration agents that you fear returning to your home country, it is possible that an immigration judge will hear your case.

How Do I Know If I Have To Attend Immigration Court?

You should receive 2 types of documents that inform you about your Immigration Court hearing:

• A Notice to Appear (NTA): This document begins the judicial process when it is filed with the Immigration Court. You should receive a copy in person or by mail. 
• A notice of hearing in removal proceedings: This document tells you the date, time and location of your hearing, as well as explaining the type of hearing that will be held.

Don’t know if you have a removal order against you? Check our article “How to find out if I have a deportation order” for more information. 

What Happens Before The Individual Hearing In Immigration Court?

Before the individual hearing in Immigration Court, the deportation process begins when the government sends you the notice to appear.

After receiving it, you must attend a Master Calendar Hearing where it will be established how your case will proceed. During this hearing, the judge will set the date for the individual hearing in Immigration Court.

What Can I Do If I Did Not Attend My Individual Hearing In Immigration Court?

If you cannot attend your hearing, call the Immigration Case Information Hotline to see if:

• The immigration judge rescheduled your hearing, or 
• A deportation order was issued against you. 

If you are under removal proceedings, you should seek legal help immediately to try to reopen your case in Immigration Court. You can reopen it if:

• You did not receive notice of the hearing date or time,
• You were unable to attend because you or a family member had a serious illness or other emergency, or
• Something happened that made you eligible for immigration status after your immigration case was closed.

On our website we describe you in detail how to file a motion to reopen an immigration case.

What Should I Do If I Face An Individual Hearing In Immigration Court?

Working with your immigration attorney, you should identify possible paths to demonstrate that you have the right to remain in the US.

Among the most common defenses in immigration courts are the following:

• Asylum process in the US,
• Eligibility to obtain the Green Card ,
• Special circumstances that justify the cancellation of removal, and
• Relief under the Convention Against Torture (CAT).

You are expected to have indicated at the Master Calendar Hearing the defense on which your case will be based. 

However, you will need to continue working with your attorney to develop your arguments after that hearing.

Do I Still Have To Attend My Hearing If I Don’t Have A Lawyer?

It is essential that you attend all hearings scheduled for your case. If you do not appear, the Immigration Judge will issue a deportation order. With this they can arrest, detain and deport you.

If you have not found a lawyer before your first hearing, you can ask the judge for more time to find one. However, the judge may ask what efforts you have made to find a lawyer. 

How To Prepare For An Individual Hearing In Immigration Court?

There are certain steps to follow to increase your chances of a successful outcome, including:

1# Gather Your Evidence

Before you meet with your legal representative for the first time, collect all documents you have received from the government related to your case. 

Later, when you meet with your attorney, this will help you identify other evidence that could be helpful in your defense.

2# Practice Your Story

Your story and the narrative of your life constitute a fundamental pillar on which your defense is built. We know that sharing can be a hard process, as it involves reliving traumatic events or the threat of future trauma.

However, the more details you can provide your attorney (even if they evoke pain) the better your attorney will be able to understand the complexity of your situation and argue your case before the judge.

3# Look For Witnesses And All The Necessary Documentation

Your attorney will not only listen to your story, but will also seek support from other individuals who can corroborate your case. 

Talking to witnesses who have personal knowledge of your situation can significantly strengthen your defense.

In addition to collecting testimony, your attorney will help you gather documentary evidence to support your case. This evidence may include:

• Medical bills or diagnoses.
• Photographs.
• Documents on family relationships.
• Text messages or emails.

Remember that each case is unique, so it is essential to work closely with your attorney to determine what type of evidence is most relevant.

Don’t be afraid to provide all the information you consider important. Our lawyers will guide you in the process of selection and organization of evidence.

4# Present Your Evidence

Presenting evidence in court is critical to the success of your case. This process has several stages, and your collaboration will be decisive.

At the Master Calendar Hearing, the deadlines for the presentation of evidence will be established. 

Your attorney will prepare the written documents, but your participation is essential. You must draft an affidavit and collaborate in preparing the legal arguments.

5# Prepare To Appear On The Stand

Appearing in court is often a strange and often intimidating experience. Practicing your testimony can help you feel more comfortable. 

Additionally, this practice will allow you and your attorney to identify and address potential issues, especially to clarify what should and should not be said in court.

6# Attend The Hearing

It is key that you be well prepared for the individual immigration hearing. Your attorney should answer all of your questions about this event before the day of the hearing arrives. 

It is also important that you are prepared. In the days leading up to the event, make sure you get enough rest and take care of both your physical and mental well-being.

During the hearing, it is key to dress professionally and address the judge and everyone present in a respectful manner.

What Happens At An Individual Hearing In Immigration Court?

In an individual hearing in Immigration Court, several key procedures occur to resolve disputed issues. To achieve this, the following generally occurs:

1# Documents Submitted

The parties must submit various documents before the hearing:

• Applications, evidence and motions: All applications for immigration relief, evidence and motions must be submitted in compliance with the deadlines and requirements.
• List of witnesses: If there are witnesses, a list must be presented in accordance with the established requirements.
• Criminal History: If there is a criminal history, a history must be submitted along with relevant documentation.

2# Opening Of The Hearing

The judge turns on the recording equipment and records basic information about the case. If the defendant requests immigration relief that requires a background investigation and security checks, the judge verifies whether these are complete. 

Depending on the results, the judge can make decisions such as continuing the case or dismissing the request.

3# Audience Development

During the hearing, the parties should be prepared to:

• Make an opening statement.
• Raise objections to the other party’s evidence.
• Present witnesses and evidence.
• Question opposing witnesses and object to testimony.
• Make a final statement.

4# Participation Of Witnesses

All witnesses, including defendants, testify under oath. An interpreter is provided if necessary, and the judge can ask questions at any time.

5# Pro Se Respondents

Defendants without attorney representation (“pro se”) have the same rights as those with an attorney. 

This means they can testify, present witnesses, question DHS witnesses, and challenge evidence. Usually, the judge assists in cross-examination when the defendant does not have a lawyer.

6# Decision

The judge may issue an oral decision at the end of the hearing or a written decision later. If the decision is oral, the parties receive a summary order signed by the court.

In any case, the following decisions may occur: 

Appeal

Both parties have the right to appeal an immigration decision to the Board of Immigration Appeals (BIA). In addition, the judge informs about the deadline to file the appeal. 

Likewise, you can also certify the case before the Board, independent of any appeal.

Relief Granted

If a request for relief is granted, instructions are provided on how to obtain immigration status documentation. For asylees, information about benefits and responsibilities is available.

Postponement

The judge may postpone the hearing as necessary. You can consult with the adjournment codes or with our lawyers Curbelo and Lieberman. 

What Happens After The Individual Hearing In Immigration Court?

Once both sides have presented their arguments, the immigration judge will issue a ruling. This may be verbal at the end of the hearing or issued in writing at a later date.

If the judge rejects the requested relief, there is a possibility that they will order your deportation. However, you have the right to appeal the decision to:

• The Board of Immigration Appeals (BIA), 
• A federal circuit court or, 
• The Supreme Court (in certain cases).

If you exhaust all appeal options or decide not to appeal, you must leave US territory.

If the judge grants immigration relief, you will probably have to meet certain additional requirements. Additionally, some of these may allow you to apply for lawful permanent residence.

Contact An Immigration Attorney If You Face An Individual Hearing In Immigration Court

Time is a valuable resource in deportation defense cases. The sooner you contact an attorney, the more time you and your attorney will have to adequately prepare for the individual hearing in Immigration Court.

Curbelo Law has more than 10 years of experience protecting the rights of hundreds of immigrants through a personalized approach in removal proceedings. 

Our legal team is ready to guide you through your options. Call us today or schedule a consultation with our office in Ridgewood, New Jersey.