If the Immigration Judge orders you deported, he or she will ask if you want to appeal. If you appeal, you must send a Notice of Appeal to the Board of Immigration Appeals within 30 days of the Judge's decision. See page Do this right away. If you miss the deadline, you lose your appeal. If the Immigration Judge finds that you might have a defense to deportation, he or she will give you forms at one of the first hearings and give you a week or two to fill out the forms.
You have to fill out forms in English. You can tell the Immigration Judge that you want to return to your country immediately. If you do this, you will be giving up your legal rights. If you have your. You probably could not return even for a visit. So think carefully about the life you are leaving behind before deciding to be deported. If you tell the Immigration Judge you want to appeal, Immigration cannot deport you for at least 30 days to give you time to file your Notice of Appeal.
If you tell the Judge you do not want to appeal, the government can deport you after only 3 days. Before deporting someone, the government has to get travel documents, which usually takes a month or more. Friends and relatives who have legal status can help you. They can bring your identity papers to Immigration Detention and Removal:. Your friends or relatives should make copies first before giving documents to DRO.
Someone without legal status should not go to Immigration for you. He or she could be arrested. You can ask for a new hearing with a good interpreter if you do not understand what happened in Immigration Court.
You need to tell the Immigration Judge that you do not understand English or that the interpreter was not doing a good job. You should tell the judge this at the hearing. After the hearing you can write the judge explaining this, but it is better to tell the judge at the hearing if you do not understand. You have the right to an interpreter. Going to the First Immigration Court Hearing. Show Endnotes Hide Endnotes. What will happen the first time I go to Immigration Court?
Can I ask for more time to find a lawyer? For what reasons can I be deported from the U. How will the government prove that I can be deported? Do I have to agree that the government can deport me from the U. Can I ask the Immigration Judge for permission to stay in the U. If you have an attorney, he or she will answer most of the IJ's questions. During a MCH, the court will not consider any legal claims or defenses of your case.
You will not be questioned about your case or immigration applications, and will not present any witnesses. The IJ will not make any rulings regarding legal issues in your case. At the least, expect to be required to wear a mask and to observe social distancing. In addition, the EOIR is encouraging IJs to avoid in-person master calendar hearings by having immigrants' lawyers file paperwork explaining what defenses they'll be claiming, then scheduling individual hearings.
You'll really need to hire a lawyer for that, though. You may bring family members with you to the court.
Make sure that they have legal immigration status. Otherwise, they may be arrested. It is not a good idea to bring children. Dress appropriately, in clean, neat, relatively conservative clothes. Arrive on time at your MCH. If you are absent, or even late, you could be ordered deported "i n absentia " due to your absence.
Or, the IJ might deny your legal claims or defenses. Arriving early is a particularly wise idea because going through a federal security checkpoint can take a while. Try to find out ahead of time how your local immigration court operates. Bring important documents with you: your identification documents passports, a driving license , your NTA or another "hearing notice" that directed you to come to court , and any original documents that might be helpful at this preliminary stage based on your lawyer's suggestion.
Also bring your personal calendar, because the IJ will schedule deadlines in your case. During a typical MCH, you will be before the IJ for about five to 20 minutes only, although you might be in court for several hours including time to check in and wait.
Plan accordingly. You will not normally be the only one in court at the time of your MCH. Other people will have their MCHs scheduled in the same time block as yours, and might be in the same room with you.
You and your lawyer, if you have one, will then come forward. If you do not feel comfortable using English, do not force yourself. By attempting to communicate in a language you do not fully understand, you can only hurt yourself, in the likely event that you misunderstand some aspect of the court proceedings.
Even if the respondent admits the allegations, relief from removal is still available. The strategy here is to concentrate on getting the relief that may be available for a foreign national who is deemed to be removable, rather than fighting the charges of removability. The reason for this is because the immigration judge cannot decide on the issue of relief until after the respondent is found to be removable.
This may be advisable in cases where there is a strong case for removal and the respondent is unlikely to prevail. However, if you are in removal proceedings you should be very careful about conceding removability because it waives your right to due process. Denying the charges is not lying to the immigration court. Rather, it is your right to force ICE to prove its allegations in cases of deportability.
And even in cases of inadmissibility, such charges should be denied if you can make a valid argument or provide evidence that you are not inadmissible. Once you waive these rights, you cannot get them back. They are gone forever. It is crucial to obtain competent, experienced legal counsel to guide you through this stage of the process and protect you from needlessly giving up your rights.
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