Immigration Courtroom Procedure
The Judge and the Department of Homeland Security (DHS) attorney both work for the government, but they have different purposes. The DHS attorney is there to show why you should be deported. If you choose to fight your case, you will be asked to show why you should not be deported. The Judge is there to listen to both sides and make a fair decision.
At the first hearing, the Judge will explain your legal rights. You may be represented by an attorney, but the government will not provide one for you. If you choose to fight your case and can afford an attorney, you should hire one as soon as possible. If at your first hearing you are in the process of hiring an attorney, or RMIAN is referring your case to a volunteer attorney, ask the Judge for additional time to find an attorney.
If you do not want to fight your case, you may tell the Judge this at your first hearing. Other than paying your bond, this is most likely the quickest way for you to get out of detention, but consider the consequences of this decision very carefully.
If you do not plan to hire an attorney, you must speak for yourself. The Judge will ask whether the facts as stated on the Notice to Appear are true. You may deny any incorrect allegations. If you do so, the Judge may allow DHS additional time to prove the allegations, which may mean continuing the hearing to another date. The Judge will also ask if you concede the charge. The Judge is asking whether you admit that you can be deported. If any of the allegations are wrong, or even if they are all right, it is possible that the charge is incorrect. However, it is also possible that there are allegations missing from your NTA that would prove deportability.
If you concede the charge, the Judge will ask to which country you wish to be deported. You have the right to refuse to name a country, and you should not name your country of citizenship if you are afraid to return there.
The Judge will ask if you would like to request any form of relief from removal. This means that even though you are admitting that you can be deported, you are asking the Court to let you stay. You may request more than one form of relief. If you do request relief, the Judge will schedule another hearing for you.
At that hearing, referred to as the individual or merits hearing, you will present your completed application(s) for relief, supporting documents, and any witnesses. The Judge will decide that day whether you should be deported or allowed to stay in the U.S. If the Judge decides that you should be deported, you can appeal this decision, but you must reserve appeal at the end of the hearing. If you no longer want to fight your case, you can waive appeal and accept a removal order.
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Rocky
Mountain Immigrant Advocacy Network
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