How Immigration Court Works

How Immigration Court Works

During my initial free consultation with potential clients I have found that many of them are shocked to learn that judicial independence and freedom from political influence do not exist when it comes to immigration court. This is just one controversy that swirls around the current system and why I feel obligated to inform potential clients about how the immigration court system works. The following is a very basic summary. If your legal status is in jeopardy and you need detailed information on how things may go for you in immigration court contact my office.

What is the Immigration Court System?

The Immigration Court is an administrative court run by the U.S. Department of Justice. At present, there are more than 200 Immigration judges in 50 immigration courts nationwide. It is the duty of immigration judges to advise noncitizens of their legal rights, hear testimony, make rulings on the admissibility of evidence, entertain legal arguments, adjudicate waivers and applications for relief, make factual findings and legal rulings and issue final orders of removal.

How Immigration Trials Work

People can end up in immigration court for many reasons. Currently, the immigration system is highly congested meaning that a defendant can wait for years while his/her case is being ruled upon. When a person is compelled to appear in immigration court his/her case will be heard by one of approximately 330 immigration judges throughout the US. Additionally, immigration proceedings greatly resemble criminal trials. The difference here is that defendants do not have all the constitutional protections that a native born criminal suspect would have.court

The Administrative Appeals Process

Immigrants may appeal an immigration judge’s deportation order to the Board of Immigration Appeals. Unfortunately, the Board of Appeals can and often does issue decisions that “affirm without opinion. What this means is that it can confirm a deportation order without giving any reason for having done so. This is presumably done to expedite cases as the current system is overcrowded. Immigrants can also appeal decisions made by the Board to the US Courts of Appeals. (This Court is just below the US Supreme Court) However, few immigrants have the resources to do so.

Do I Need a Lawyer for Immigration Court?

To state the matter briefly – yes. The US government will be represented by lawyers who are familiar with every aspect of immigration law court so should you. You should not attempt to confront any legal challenge that may affect your immigration status without first conferring with an immigration attorney in Ventura County who has experience with the issues pertaining to your unique situation. That is why we give potential clients the opportunity to consult with us for free. I am attorney Erika Roman and I am ready to listen to you.

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