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CHUTES AND LADDERS: Ins and Outs of Immigration Court

CHUTES AND LADDERS: Ins and Outs of Immigration Court. Starring: Ofelia Calderón, Esq. – Calderón Seguin, as Immigration Judge Ivan Yacub, Esq. – Yacub Law Offices, LLC as Private Immigration Counsel

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CHUTES AND LADDERS: Ins and Outs of Immigration Court

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  1. CHUTES AND LADDERS: Ins and Outs of Immigration Court Starring: • Ofelia Calderón, Esq. – Calderón Seguin, as Immigration Judge • Ivan Yacub, Esq. – Yacub Law Offices, LLC as Private Immigration Counsel • Edward W. Neufville, III, Esq. – Law Office of Edward W. Neufville, III, LLC, as Assistant Chief Counsel

  2. Supporting Cast in Immigration Court • Immigration Judge – representing the U.S. Attorney General • Respondent – Alien or Foreign National • Assistant Chief Counsel –Represents the Department of Homeland Security • Private Immigration Attorney – Represents the Alien or Foreign National before applicable U.S. government entities

  3. Initiating Removal Proceedings • Relevant Statutes: INA Section 239; INA Section 240 • Removal Proceedings begins with the Department of Homeland Security filing Notice of Appear (NTA) with Immigration Court • NTA must be served on person or by mail to the alien or alien’s counsel • NTA explains that nature of proceedings, why the alien is in removal proceedings, the allegations and charges against the alien and the time and place where the removal proceedings will be held.

  4. How Does One Get Into Removal Proceedings • Foreign nationals are placed into removal proceedings charged with any applicable grounds of inadmissibility under INA Section 212(a) or any applicable grounds of deportability under INA Section 237(a) • Sole purpose of the Immigration Judge is to determine inadmissibility or deportability of foreign national

  5. What is the Master Calendar Hearing • Usually the first appearance of the foreign national before Immigration Judge • Master hearings allow attorneys to enter appearance; allow foreign nationals to enter pleadings to the allegations and charges • At master hearing foreign nationals inform Court of their appropriate language; appropriate forms of relief; notify Court of their current address • Attorneys can also seek a continuance at the master calendar hearing for attorney preparation

  6. What to look for on the Notice to Appear • What must the Notice to Appear address: • Nature of proceedings against foreign national • Legal authority under what proceedings are conducted • State the allegations foreign national is in violation of law • State the charges that the foreign national violated • Time and place at which the removal proceedings will take place

  7. Rights of Foreign National in Removal Proceedings • Right to be represented at removal proceedings by an attorney, at her own expense • Right to examine evidence and cross-examine witnesses • Entitled to Fair Hearing • Entitled to Competent Interpreter • Not entitled to examine national security information

  8. Other Immigration Court Considerations • Check with local Immigration Court regularly to see if there are any changes • File evidence early • Do not make photocopies of filings until after numbering pages • File Motion to Accept Late Submission if you missed a filing deadline • Complaints against Immigration Judge can be made online via email at https://www.usdoj.gov/eoir and follow the directions

  9. Examples of Immigration Court Pre-Hearing Motions • Motion for Pre-Trial Hearing • Motion for Interlocutory Hearing on a Specific Issue • Motion for Closed Hearing • Motion to Permit Telephonic Appearance • Motion to Request an Interpreter • Motion for Subpoena • Motion for Consolidation

  10. What happens at Individual Hearing • Parties may make opening statements • Parties may raise any objections to the other party’s evidence • Present witnesses and evidence on all issues • Cross-examine opposing witnesses and object to testimony • Parties may make a closing statement

  11. Immigration Court Practice Manual:Useful Guide to Immigration Trial Lawyers • Practice Manual covers the following: • Appearances before Immigration Court • Filings with the Immigration Court • Hearings before the Immigration Judge • Motions filed before the Immigration Court • Continue to check with local Immigration Court to figure out if there are any specific rules • Immigration Judges can still set specific requirements on a case by case basis

  12. Immigration Court Mini-Checklist • Attorney/Client Agreement signed • EOIR-28/G-28 signed • Detention Center visit and Bond Application filed • Notice to Appear received and reviewed • File Freedom of Information Act Request with USCIS and EOIR • Master Calendar • Contested Hearing, if applicable • Submit oral or written pleadings • Relief application completed • Affidavits for Respondent completed • Affidavits for Witnesses completed • Supporting documents submitted • U.S. Department of State Country Reports • Brief in support application completed • Biometrics • Witness list • Criminal Records/Convictions

  13. Credits • Edward W. Neufville, III • Ivan Yacub • Ofelia Calderón

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