Immigration Court Hearings

There are several types of hearings in immigration court.  In this article, I will discuss the different types of hearings and the purposes of each of the hearings.

The first type of immigration court hearing is a bond hearing.  Bond hearings are for people who have been placed in immigration detention.  The purpose of this type of hearing is determine the bond amount which the detainee can pay in order to be released.  At the bond hearing, the immigration judge reviews evidence presented by the detainee and his or her lawyer.  The judge will ask the attorney or detainee questions to determine whether the detainee is a danger to the community.  The judge also wants to determine the risk that the detainee will not attend his or her immigration court if released from the detention center.  Based on these factors, the immigration judge will either set a bond amount or declare that the detainee will not be released on bond.

The second type of immigration court hearing is called a master calendar hearing.  At the first master calendar hearing, the judge will ask the respondent (the person in immigration court) or his attorney how he responds to the charge that he is removable.  The respondent will either concede that he is removable or deny removability.  The immigration judge will then ask the respondent which forms of immigration relief, if any, he will be seeking.  Forms of immigration relief include asylum, cancellation of removal, or a family-based petition.

The final type of immigration court hearing is called the individual calendar hearing.  This hearing is essentially a small trial in which the immigration judge will determine if the respondent will be able to stay in the United States.  If the respondent denied that he was removable, the court will address this issue in the individual calendar hearing.  If the respondent decided to apply for a form of immigration relief such as cancellation of removal or asylum, then the immigration judge will listen to the respondent’s evidence regarding each of these forms of relief.  The respondent’s attorney will have an opportunity to ask the respondent questions in order to solicit testimony that is important for the case.  The government attorney will have an opportunity to cross-examine the respondent.  At the conclusion of the individual calendar hearing, the immigration judge will usually issue an oral decision as to the case.

Navigating the different immigration court hearings can be very difficult for a person who does not have an attorney.  If you need help dealing with these complexities, please call John L. Wheaton, Attorney at Law at 206-829-8214.

 

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