IMMIGRATION COURT CASES IN NEW YORK: WHAT TO EXPECT AND HOW TO PREPARE

Immigration court can be quite confusing and stressful. Lots of folks simply have no clue about what’s going to happen during their hearings, some fear saying wrong things or missing a step in the process. 

Still, the whole feeling of helplessness and panic can very well be alleviated by preparation. Preparing yourself and knowing the process inside out would not only give you a higher level of comfort but also increase your suitability and strength before the judge and the proceedings. 

In fact, courts that handle immigration issues in New York are bound by the federal immigration legislation. Thus, these proceedings will determine if a person is allowed to stay in the U.S. or will face deportation. 

Therefore, when the result of the case may change your life, it becomes very important to stay prepared. 

An Overview of Immigration Court Cases in New York 

Immigration courts only deal with questions concerning immigration status. They are distinct from criminal or civil courts and are a part of the federal government. 

The Executive Office for Immigration Review (EOIR) is the federal agency that has oversight over immigration courts all over the U.S.  

It is the Immigration Judges who decide on these cases while applying the federal immigration laws. 

New York is one of the states with the busiest immigration courts. Thousands of immigration-related matters are being adjudicated each year. 

Due to such a large inflow of cases, the judges are expected to be able to maintain a high level of efficiency.  

However, the other side is that they could greatly appreciate a well-prepared and clear case presented to them.  

So by learning about the process, you can reduce your chances of making major mistakes quite significantly. 

Why Are Immigration Court Cases in New York so Crucial? 

Since immigration courts are the ones that decide if a person is allowed to stay in the U.S., they carry very serious consequences. 

Without a doubt, immigration judges hold the power to grant asylum, cancellation of removal or other forms of relief. But they may also issue an order for deportation. 

Since there is that much at stake, it’s advisable that you prepare yourself thoroughly. Also, each hearing matters as non-hearing might lead to a final decision and even minor detail can tip the balance.  

Therefore, anyone who is or will be involved in immigration court cases, should do so with a great deal of caution and seriousness. 

Most Common Immigration Court Cases in New York 

Immigration courts deal with different types of cases at the same time. Depending on the type of case, different laws and evidentiary standards apply. 

Here are some of the major ones. 

Removal Proceedings 

Removal (deportation) proceedings make up the largest number of immigration court cases. They start when aliens are identified by the government as having committed immigration violations. 

For instance, someone who has overstayed the maximum period allowed on a visa or who has entered the country clandestinely. 

Asylum Cases 

Asylum is a protection granted to foreign nationals already in the United States or at the border who meet the international definition of a “refugee.” 

Pursuant to this definition, a person must show that they have been persecuted or have a well-founded fear of being persecuted in their country of nationality or last habitual residence. 

The persecution must be on account of their: 

• Religion. 

• Political opinion. 

• Race. 

• Nationality. 

• Membership in a particular social group. 

A judge closely examines the evidence and listens to the testimony to decide the merits of such a case. 

Cancellation of Removal 

Cancellation of removal may be seen as an option for certain individuals who are undergoing removal proceedings. 

There are typically several stringent parameters such as:  

• Continuous physical presence for at least 10 years in the United States. 

• Good moral character during that period. 

• Not having been convicted of certain offenses.  

• Proof that removal would result in exceptional and extremely unusual hardship to the alien’s U.S. citizen or lawful permanent resident spouse, parent or child. 

The cases normally involve a large amount of evidence. 

Adjustment of Status Cases 

In some cases, intervention by the immigration court may be necessary, especially when the individual is seeking the status of lawful permanent resident and thus, is eligible for adjustment of status. 

In most such cases, the immigration judge must make a decision as to whether the alien meets the requirements for adjustment of status. 

Hence, evidentiary support becomes exceedingly important. 

How do Immigration Court Cases in New York Start? 

The vast majority of immigration court cases get started via a document called a Notice to Appear (NTA). 

The NTA explains the reasons why the government thinks that someone has violated immigration laws. At the same time, it indicates the location of the court and the date of the hearing. 

Once the person has been served with the NTA, they are mandated to appear before the immigration court. If the individual does not come to the hearing, a removal order can be issued in absentia. 

Thus, it cannot be emphasized enough how important it is for the individual to react promptly after receiving the NTA. 

The Immigration Court Cases in New York: A Step-by-Step Guide 

Understanding the order of events that will take place in front of the immigration court can ease your stress. 

Even though the fact is that every case is unique, most cases tend to follow a relatively standard pattern. 

Step 1: Master Calendar Hearing 

This hearing could be considered the first step in the proceedings. 

In the majority of cases, it is the quickest hearing. The judge here normally just verifies some basic information and sets dates for the next steps in the proceedings. 

The judge could ask you questions like: 

• Do you have a lawyer? 

• Do you admit or deny the charges against you? 

• Are you thinking of applying for some kind of relief from removal? 

If the hearing is short then it does not mean that you can ignore the content of what you say. 

Step 2: Filing of Applications for Relief 

Relief applicants must prepare their applications as well as the relevant supporting documents. 

For instance, they could be: 

• Statements of the individual. 

• Proof of family relationships. 

• Medical records. 

• Country condition reports. 

• Tax records. 

The completeness of the paperwork submitted correlates very positively with the strength of the person’s case. 

Step 3: Individual Hearing 

The individual hearing, which is sometimes referred to as the merits hearing, is really the point at which the case is argued and therefore considered to be the most decisive. 

During this hearing: 

• You give your side of the story by presenting evidence. 

• Witnesses could be called to give their testimony. 

• The judge poses questions. 

• The lawyers presents their arguments. 

Such a hearing can almost be seen as an inconvenience for anybody involved since it may take quite some time.  

A decision by the judge may be handed down there or it may require some reflection as well as writing. 

Immigration Court Hearing in New York – What to Expect on the Day of Your Court Appearance 

Court hearings are not always pleasant, sometimes quite the opposite. But being ready in advance is very likely to help you keep your cool. 

• Get to the courthouse well ahead of time. Besides, you might have to go through a security check which could take a while. 

• Dress in a neat and clean way, something that you would wear to a professional or a formal event. Dressing nicely is in itself a way of telling the court that you respect it. 

• Don’t forget to take your original documents along with you as well as the copies of these. 

• During the hearing, first and foremost, make sure that you listen attentively to whatever the judge says.  

• When answering the questions, make sure that you are not only accurate but also understandably direct. 

• Do your best to stay composed no matter how heated the discussion may become. 

Immigration Court Cases in New York: How Judges Make Their Decisions 

Judges always give a thorough and careful consideration to each case they hear. 

Besides listening to the stories and looking at the evidence that is presented, they also judge whether the person testifying is credible. 

Some of the things they take into account are: 

• Whether the testimony of the person coincides with itself and the story that has been told before. 

• Whether the documents presented support the oral testimony. 

• If the person has the legal right to get the relief. 

• The person’s history with immigration. 

Even the smallest inconsistencies can cause doubts about the person’s character. 

Due to that, it is highly advisable to get ready well for your examination/testimony. 

Getting Ready for Immigration Court Cases in New York 

It is true that a whole lot of your success depends on how you prepare. 

The logical first step is to gather all of the key documents in one place. 

Any time that you intend to show a record in court, make sure that you not only make the copies but also categorize each of the documents by giving them some sort of title, number or note. 

At the same time, be critical and redo the examination of your story. 

You cannot be inconsistent. In immigration court cases, the account you give should be in agreement with what your documents show. 

Another thing that benefits you when it comes to testifying is the fact that you will be much less tense at court after having practiced. 

Get help! 

Immigration court cases are overwhelming, you don’t have to do it alone. 

A good and experienced lawyer will tell you about different avenues that you can take and the right forms that you shall submit. 

If access to a legal immigration professional is the first thing on your mind, then you are at the right place. Gehi and Associates is here for you! 

Prepare early, protect your rights and enhance your case. 

Think further on your next move and don’t hesitate to schedule an appointment to find out how to successfully prepare your immigration court case. 

Get in touch with us today! 

 

Frequently Asked Questions (FAQs): 

What are immigration court cases? 

They are court proceedings where the immigrant status in the U.S. is determined. 

Where are immigration court cases heard in New York? 

Immigration court cases are conducted in federal immigration courts within New York. 

What is a master calendar hearing? 

It is the initial hearing in which the judge goes over the case basics with all parties present. 

What is an individual hearing? 

It is the main hearing where all evidence, witness testimonies and legal arguments are presented to the judge. 

Can I represent myself in immigration court? 

You can represent yourself but getting a lawyer would be much better for you. 

What happens if I miss my hearing? 

If you miss the hearing, the court can issue a removal order against you without further notice. But if that is your current situation, a lawyer can help you assess your options. 

How long do immigration court cases take? 

A few immigration court cases may be done in several months whereas the others may take years. 

Can I bring evidence to court? 

Certainly! Evidence is a very important part of your case. You must support your story with strong evidence such as medical reports, country situation report, etc. 

Can I appeal an immigration judge’s decision? 

You definitely can appeal. The appeal will initially be to the Board of Immigration Appeals. 

Why should I prepare early for immigration court? 

This is because you end up with a stronger case and less mistakes if you start early.