Well, your first hearing in immigration court is finally here. This article will give you tips and a quick overview of how your first hearing will likely go.
1. You must arrive early. Nothing will get an Immigration Judge (IJ) more upset at you than not being there on time. Worse, failure to show up to any immigration court hearing will likely result in you being ordered removed (deported). If you are going to arrive late or not at all to court due to some unforeseen (death or serious illness) circumstance, be sure to document your tribulations, in the form of a doctor's note or police report, to show the IJ and explain why you failed to show up. Also, make sure you speak with an immigration attorney immediately to see about the possibility of reopening your case.
2. If you avoid the countless hazards and arrive to your court hearing on time, be sure arrive to the correct courtroom. If you are unsure which court room to go to, be sure you go the immigration court clerk's office as soon as possible. If your hearing is being held at the Los Angeles, CA immigration court, you can go to the 15th floor and ask the receptionist there. You can also call the immigration court number at 1-800-898-7180 and when prompted enter your "A number," (alien number). Your A number is a 8 to 9 digit number, preceded by the letter A.
3. Because of the backlog of immigration cases, there are often several dozen people packed into small courtrooms, with many waiting outside. Arriving early will help to secure a seat in the court room. When you arrive to court, you will likely see a judge's bench at the far side of the room, a clerk checking in attorneys and non-citizens next to the bench, and two tables facing the judge. At one table, there will be an attorney representing the Department of Homeland Security (DHS). This attorney's job is to remove (deport) all removable aliens from the United States. In this setting, he or she is not your friend so this is one lawyer you probably don't want to confide in. The other table will be for you and, if applicable, your attorney.
TIP: Make sure you check-in with the court clerk when you arrive as the court will not know you are there otherwise. However, be careful about checking in with clerk once court is in progress. Some IJs will not allow you to check-in while he or she is on the bench.
4. When your name is called, get up and walk to the table set for all aliens. The court will usually refer to you, the non-citizen, as the "respondent," since you have to answer to respond the "charges" in the "notice to appear," also known as the "NTA," the document that ordered your appearance in the immigration court.
5. The IJ will ask you if you need an interpreter and, if so, which language. Then, the IJ will ask you to stand up, raise your right hand and make you swear in. Say "I do." The IJ will then ask you to take a seat. The IJ will then ask you about where you live and your real name. If the court has the wrong address because you recently moved, it's incorrect, etc, the court will ask you to fill out a blue change of address form. The court will likely also want to know if you have a copy of the notice to appear. If you do not, be sure to ask the court for a copy.
6. After reviewing your file, the IJ will explain to you that the proceedings are meant to determine the validity of the charges the DHS has brought and, and if true, whether there is any way, under the law, you can stay in the country.
7. If you are unrepresented, the court will let you know that you have the right to legal representation that results in no cost to the government. If you want to get an immigration attorney, ask the court for a continuance. I have yet to see an IJ deny a respondent (alien) a continuance to obtain an attorney at the respondent's first appearance in immigration court. The court will also likely let you know about the list of free immigration attorneys in the area, available through the Executive Office of Immigration Review (EOIR).
8. If you are represented, the court will likely ask you whether you want Mr. or Mrs. (insert your attorney's name) to represent you. If you answer yes, that will likely be the last time you talk in court unless, of course, you want to talk and your attorney thinks that is a good idea.
9. Represented or not, at the conclusion of the hearing the court will give you written notice of the next hearing and advise you the consequences of not appearing to the next hearing. Make sure you calendar this hearing and do not forget to show up. The IJ will likely want you to have your "pleadings" next time, that is, whether or not you will admit or deny the charges in the notice to appear (also known as the "NTA"). Once you have the notice, get up and walk out of the courtroom.
Congratulations! You're done!
Law Office of Rogelio V. Morales
11801 Pierce Street, Suite 200
Riverside, CA 92505
Phone: (951) 710-3039
Fax: (951) 710-3001
rvm0311@gmail.com
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