Immigration Court
Immigration Court is an administrative court within the U.S. Department of Justice’s Executive Office for Immigration Review (EOIR).It handles cases involving non-citizens who are facing deportation or removal from the United States.
Why Does Immigration Court Matter?
- Deportation Proceedings: If you’re facing deportation, you’ll have a hearing in Immigration Court to present your case and potentially argue for relief from removal.
- Asylum Cases: Asylum seekers appear before Immigration Court to request protection from persecution in their home countries.
- Other Immigration Cases: The court also handles other immigration cases, such as those involving family-based immigration, employment-based immigration, and adjustment of status.
Key Points About Immigration Court
- No Jury Trials: Unlike criminal courts, there are no jury trials in Immigration Court. Cases are decided by an immigration judge.
- Burden of Proof: The burden of proof often rests on the respondent (the non-citizen) to prove their eligibility for relief or to rebut the government’s allegations.
- Right to Counsel: While not guaranteed, it’s highly recommended to have an immigration attorney represent you in court.
- Appeal Process: If you disagree with the immigration judge’s decision, you can appeal to the Board of Immigration Appeals (BIA).
- Complex Procedures: Immigration court procedures can be complex, and it’s important to understand the rules and deadlines.
If you’re facing immigration court proceedings, it’s crucial to seek legal advice from an experienced immigration attorney.They can help you understand your rights, prepare for your hearing, and advocate for your best interests.
Frequently Asked Questions
Immigration Court is an administrative court within the U.S. Department of Justice's Executive Office for Immigration Review (EOIR). It handles cases involving non-citizens who are facing deportation or removal from the United States.
People may end up in Immigration Court for various reasons, including:
Overstaying a visa
Committing a crime
Violating immigration laws
Seeking asylum or other forms of relief
During an Immigration Court hearing, an immigration judge will hear arguments from both the government and the respondent (the non-citizen). The respondent may present evidence, testimony, and legal arguments to support their case. The judge will then make a decision on the case.
While not mandatory, it is highly recommended to have an immigration attorney represent you in Immigration Court. An attorney can help you understand the complex legal procedures, prepare your case, and advocate for your best interests.
If you lose your case in Immigration Court, you may be ordered to be deported or removed from the United States. However, you may still have options to appeal the decision to the Board of Immigration Appeals (BIA).