What to expect in a Deportation hearing.
After you are issued a Notice to Appear (NTA), the idea of going to your deportation hearing can be overwhelming. Knowing what will happen at your hearing can help alleviate some of your stress. Here is an overview of what can generally be expected during your initial deportation hearing (also known as a “master calendar hearing”):
To begin the hearing, the immigration judge will turn on recording equipment, so that a record will be made of the hearing, and state that a removal proceeding is about to occur. The judge will then state your name and alien registration number, if you have one, the date, time and place, and which parties are present. The judge will verify your address and telephone number as well. If you need an interpreter, the immigration court will provide one for you.
At this time, if you are not represented by an attorney or other representative, the immigration judge will inform you of your right to obtain such representation at your own expense. You will also be given a list of free or low-cost legal service providers in the area. You will be given at least ten days to obtain representation. You can waive your right to representation and proceed with the hearing alone (or “pro se”).
Next, you will be asked to answer a series of questions regarding your case (your answers are referred to as pleadings). You may alternatively submit written pleadings, if you concede proper service of the NTA. Among the questions asked are
• whether you concede or deny that the NTA was served;
• whether you request or waive a formal reading of the NTA;
• whether you request or waive a reading of your rights and obligations;
• whether you admit or deny the factual allegations against you;
• whether you would like to designate a country of removal;
• which applications for relief from removal you intend to file;
• whether you would like to narrow the legal and factual issues;
• how many hours you estimate you need to present your case at your individual calendar hearing; and
• to request a date by which to file your applications for relief.
Note that the immigration judge is required to inform you of your apparent eligibility for some, but not all, forms of relief, including asylum, cancellation of removal, adjustment of status, and registry.
The Department of Homeland Security’s (DHS) attorney will then state his or her position on all factual and legal issues, whether he or she believes you are eligible for relief, and which country should be designated for your removal. He or she will also file with the court all documents that support the charges and factual against you, and will give you a copy of the same documents.
If you are challenging your removability or deportability, or if you are applying for some form of discretionary relief, another hearing will be scheduled for both sides to present evidence in support of their positions. This hearing is known as the “individual calendar hearing”.
The individual calendar hearing starts the same way as the master calendar hearing, except that instead of pleading, both side present evidence. The general procedure in the hearing is as follows:
• each party makes their opening statements;
• objections as to each party’s evidence are raised;
• witnesses and evidence are presented on all issues;
• cross-examinations and objections to evidence are made; and
• each party makes their closing statements.
After the parties have presented their cases, the immigration judge makes a decision. The decision may be either written or oral. If you are not pleased with the outcome of your case, you may choose to appeal the decision to the Board of Immigration Appeals. If your application for relief from removal is approved, you will be provided with instructions from DHS on how to receive documentation of your immigration status.
To begin the hearing, the immigration judge will turn on recording equipment, so that a record will be made of the hearing, and state that a removal proceeding is about to occur. The judge will then state your name and alien registration number, if you have one, the date, time and place, and which parties are present. The judge will verify your address and telephone number as well. If you need an interpreter, the immigration court will provide one for you.
At this time, if you are not represented by an attorney or other representative, the immigration judge will inform you of your right to obtain such representation at your own expense. You will also be given a list of free or low-cost legal service providers in the area. You will be given at least ten days to obtain representation. You can waive your right to representation and proceed with the hearing alone (or “pro se”).
Next, you will be asked to answer a series of questions regarding your case (your answers are referred to as pleadings). You may alternatively submit written pleadings, if you concede proper service of the NTA. Among the questions asked are
• whether you concede or deny that the NTA was served;
• whether you request or waive a formal reading of the NTA;
• whether you request or waive a reading of your rights and obligations;
• whether you admit or deny the factual allegations against you;
• whether you would like to designate a country of removal;
• which applications for relief from removal you intend to file;
• whether you would like to narrow the legal and factual issues;
• how many hours you estimate you need to present your case at your individual calendar hearing; and
• to request a date by which to file your applications for relief.
Note that the immigration judge is required to inform you of your apparent eligibility for some, but not all, forms of relief, including asylum, cancellation of removal, adjustment of status, and registry.
The Department of Homeland Security’s (DHS) attorney will then state his or her position on all factual and legal issues, whether he or she believes you are eligible for relief, and which country should be designated for your removal. He or she will also file with the court all documents that support the charges and factual against you, and will give you a copy of the same documents.
If you are challenging your removability or deportability, or if you are applying for some form of discretionary relief, another hearing will be scheduled for both sides to present evidence in support of their positions. This hearing is known as the “individual calendar hearing”.
The individual calendar hearing starts the same way as the master calendar hearing, except that instead of pleading, both side present evidence. The general procedure in the hearing is as follows:
• each party makes their opening statements;
• objections as to each party’s evidence are raised;
• witnesses and evidence are presented on all issues;
• cross-examinations and objections to evidence are made; and
• each party makes their closing statements.
After the parties have presented their cases, the immigration judge makes a decision. The decision may be either written or oral. If you are not pleased with the outcome of your case, you may choose to appeal the decision to the Board of Immigration Appeals. If your application for relief from removal is approved, you will be provided with instructions from DHS on how to receive documentation of your immigration status.