FREQUENTLY ASKED QUESTIONS
Q. What are the Court's hours of operation?
A. The Immigration Court is open from 8:30 a.m. to 5:00 p.m. All
filings are accepted at the 12th floor filing window, room 1237. The filing
hours are 8:30 a.m. to 4:00 p.m.
Q. What do I do if I don't remember the date and/or time of
my hearing?
A. Please call 1-800-898-7180. This is an automated system that
allows you to obtain information about your case.
Q. How do I find my courtroom at 26 Federal Plaza?
A. Immigration Courtrooms are located on the 12th and 14th floors
of 26 Federal Plaza. In the lobby, there is more than one set of elevators.
Look for the elevator bank marked 1-12 or 12-21 and take it to the 12th floor.
Once on the 12th floor, you will immediately see the signs for the Immigration
Court. Head toward the main scheduling board located in the hallway outside
of the main waiting room. There you will find the Court Calendars posted. These
calendars contain the names and Alien numbers of everyone who is scheduled for
a hearing that day, as well as the name of the Immigration Judge presiding over
your case. There are thirty-two courtrooms located amongst the 12th and 14th
floors. Courtrooms 1-15 are located on the 14th floor, courtrooms 16-32 are
located on the 12th floor. Also located on the 12th floor is the ceremonial
courtroom. Once you have located your name on the scheduling board, proceed
to the appropriate courtroom for your hearing. If you do not find your name
on the scheduling board, go directly to the main window on the 12th floor and
ask the clerk for assistance.
Q. What do I do when I arrive at my courtroom?
A. If you are there for your first hearing, which is called a
master calendar hearing, you will encounter many other people in that room who
are also scheduled for a hearing. Check in with the Clerk, who is seated next
to the Immigration Judge and show the clerk your Notice to Appear (NTA) or give
the clerk your Alien Number. The clerk will record that you are present and
ask you to have a seat and wait until the Judge calls your case.
Q. What if I don't have a lawyer with me?
A. YOU MUST COME TO YOUR HEARING ANYWAY. If this is your first
master calendar hearing, and you do not have a lawyer, do not worry. The Immigration
Judge will answer all of your questions and allow you an opportunity to obtain
a lawyer at your own expense. You should have already obtained a List of Free Legal Service Providers
from the Department of Homeland
Security, for those individuals who can not afford a lawyer. If you did
not receive, or lost this list, the Judge will provide you with another copy.
In addition, if you need to consult with a free attorney or representative,
the Immigration Judge may advise you to consult with someone from the Immigration
Representation Project (IRP) which is located in the pro bono room on the 12th
floor of 26 Federal Plaza. Also, the Court will advise you as to the hours that
someone from the IRP is available to meet with you.
Q. Do I have to have a lawyer?
A. No. You may elect to proceed without a lawyer if you choose
to do so. However, the Department of Homeland Security will have a trial
attorney present to represent them.
Q. Will there be an interpreter present if I don't speak English?
A. At your first master calendar hearing, it is likely that there
will be an interpreter available to translate for you. However, depending on
the language and/or dialect you speak, the Immigration Judge may have to adjourn
your case in order to obtain an interpreter. If possible, you may want to bring
a relative or friend who can translate into English for you. After your first
hearing, the Court will ensure that a certified interpreter in your native language
will be available at any subsequent hearings.
Q. How do I notify the Court if I change my address or move
out of the state?
A. You must notify the Court of any change of address while under
proceedings. Form EOIR-33,
which is the form used to notify the Court of change of address can be obtained
from the clerk or the Immigration Judge. This form must be submitted within
five days from the date of your move. If you move out of state, you may request
a "Change of Venue" from the Immigration Judge. However, until the Immigration
Judge grants your request, you are required to appear at all scheduled hearings
before the Court.
Q. What will happen at my hearing?
A. Whether you proceed with or without a lawyer, the Immigration
Judge will advise you of your rights. The Judge will advise you that you will
have a reasonable opportunity to examine and object to the evidence against
you, to allow you to present evidence on your own behalf, and to cross examine
witnesses presented by the government. The Judge will place you under oath and
read the factual allegations and the charges in the Notice to Appear (NTA) and
explain them to you. Additionally, the Judge will ask you whether or not the
factual allegations contained in the NTA are true. If removability is not conceded,
the Immigration Judge will conduct a hearing to determine the issue of removability.
Once removability is established, the Immigration Judge will advise you of any
discretionary relief that may be available and allow you an opportunity to submit
the appropriate applications for relief.
Q. Will my application require a fee?
A. Most applications for relief require a fee, with the exception
of asylum. Please see the
standard fee schedule for details. Under certain circumstances, if you can
not afford the fee, a fee-waiver request may be granted by the Immigration Judge.
Q. What will happen at the conclusion of my hearing?
A.The Immigration Judge will enter a decision in your case which
may be oral or written. If oral, it will be presented at the conclusion of your
hearing. If written, it will be sent to you in the mail. Either way, the decision
shall contain reasons for granting or denying any relief requested. You will
have the opportunity to appeal this decision if you so choose. If you wish to
appeal, form EOIR 26 (Notice to Appeal) should be filed within 30 days.
Q. What will happen if I leave the country while my case/appeal
is pending?
A.Under most circumstances, if you depart the United States after
filing an appeal, but prior to the decision, the departure will be deemed a
withdrawal of the appeal. Therefore, the Judge's decision will become final.
If your case is pending, you should consult with your attorney or representative
before making any departures. Under certain circumstances you may be able to
obtain permission from the Department of Homeland Security to allow you
to depart the United States and return within a specified period of time.
Q. Is the Court open during inclement weather?
A. In extremely inclement weather, you should call the court prior
to your hearing. The telephone number of the court is 917-454-1040.