FREQUENTLY ASKED QUESTIONS

Please note: The El Paso Immigration Court does not have local operating procedures. Any special measures needed to prepare a case for trial will be addressed by the judge at the master calendar docket. The following general information addresses FAQs.

Q: What are the court's hours of operation?
A: The Immigration Court (for non-detained hearings) is open from 8:00 a.m. to 4:30 p.m. With the exception of asylum applications which must be filed during a hearing, all filings are accepted at the 6th floor filing window, 700 E. San Antonio Avenue, Suite 750, El Paso, Texas 79901. The filing hours are 8:00 a.m. to 4:00 p.m.

The Immigration Court (for detained hearings) is open from 8:00 a.m. to 4:00 p.m. With the exception of asylum applications which must be filed during a hearing, all filings are accepted at the filing window located at 8915 Montana, El Paso, Texas 79925. The filing hours are 8:00 a.m. to 4:00 p.m.

Please ensure that you go to the right address as indicated on the notice of hearing.

Q: How do I find my courtroom at the White Federal Building?
A: Courtrooms are located on the 6^th floor of the federal building. Once on the 6th floor, exit from the elevators to the right going through the glass doors, where you will see the main waiting room of the Immigration Court. Look for the main scheduling board located by the window and you will find the court calendars posted. These calendars contain the names and case 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 four courtrooms accessible from the waiting room.

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 to the main window 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. Have a seat and wait for the court to call 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, the Immigration Judge will allow you an opportunity to obtain a lawyer at your own expense. A List of Free Legal Service Providers is available at the El Paso Immigration Court and on this home page. For those individuals who can not afford a lawyer, this list may assist you in obtaining legal representation.

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 lawyer 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 court interpreter in your native language is available.

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.

Q: How do I ask for a change of venue?
A: If you move out of state, you or your legal representative 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. You or your legal representative should file a written motion for change of venue as early as possible in advance of the scheduled hearing. You or your legal representative may make inquiries to the court about whether or not the change of venue has been decided.

Q: Are telephonic hearings permitted?
A: Telephonic hearing are allowed based upon an advance written request to the court submitted by your legal representative, who has filed an EOIR-28 (Notice of Appearance) in your case. Should a request for telephonic hearing be denied, then the court will advise your legal representative. For a telephonic hearing, your legal representative must call the court at the appointed time and provide a phone number where the legal representative may be contacted for the telephonic hearing. You should be with your legal representative for the telephonic hearing. Voice mail is not appropriate for a contact number. Please note that El Paso is in the Mountain Time Zone.

Q: Can I fax motions and applications to the court?
A: No, facsimile filings are not available. The Immigration Court will accept regular submissions by mail or in person filings through the window in advance of the scheduled hearing. On the day of the hearing, you or your legal representative may submit written motions, applications for relief, and other relevant documentation to the Immigration Judge. Copies of all submissions to the court should also be provided to the Department of Homeland Security. This may be accomplished by regular mail in advance of the scheduled hearing.

Filings with the court in advance of the scheduled hearing should have a CERTIFICATE OF SERVICE attached to them similar to the one set forth below:

          I hereby certify that a true and correct copy of the foregoing was mailed on the _____ day of ______ (month), _____ (year), to the Department of Homeland Security, Office of the District Counsel, 1545 Hawkins Blvd., El Paso, Texas 79925, as follows:

Your Name or name of your legal representative
Your Address or address of your legal representative

Respectfully submitted,

______|s|_____________
Your Signature or signature of your legal representative

Q: What will happen at my hearing?
A: Whether you proceed on your own or with a legal representative, the Immigration Judge will advise you of your rights. You will have an opportunity to obtain a legal representative at no expense to the government; to make an appeal; to present evidence; to testify and have witnesses testify; to examine and object to the government's evidence; to cross examine witnesses presented by the government. You will have an opportunity to plead to the allegations and all charges. If removability is not conceded, the Immigration Judge will conduct a hearing to determine the issue of removability. If removability is established, the Immigration Judge will advise you of any potential relief and allow you the opportunity to submit the appropriate applications for such relief.

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 the Immigration Judge's findings of facts, conclusions of law, and any reasons for granting or denying relief. You will have the opportunity to appeal this decision if you so choose. If you wish to appeal, Form EOIR 26 (Notice of Appeal) should be filed within 30 days with the Board of Immigration Appeals.

Q: How do I make an appeal?
A: The Notice of Appeal (Form EOIR 26) must be written in English and received by the Board of Immigration Appeals at 5201 Leesburg Pike, Suite 1300, Falls Church, Virginia 22041 within 30 days of the Immigration Judge's decision you are appealing.

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 on your appeal, your departure will be deemed a withdrawal of your appeal. Thereafter, the Immigration Judge's decision will become final. If your case is pending before the Immigration Court, you should consult with your legal representative, or if you do not have a legal representative, consult with the Department of Homeland Security before you make a decision regarding whether or not you will depart from the United States.

Q: Will my application require a fee?
A: With the exception of asylum applications, most applications for relief require a fee. Please see the standard fee schedule for details at 8 C.F.R. § 103.7. The regulations provide that if you are unable to afford the fee for an application -- cancellation of removal, for example -- you can request a waiver from the Immigration Judge. The procedures for requesting a fee waiver are found at 8 C.F.R. § 103.7(c).

Q: Where do I pay fees for applications?
A: The Immigration Court does not accept any filing fees associated with applications for relief. All application fees must be paid to the Department of Homeland Security. The office for the Department of Homeland Security in El Paso, Texas is located at 1545 Hawkins Blvd., El Paso, TX 79925. Written application forms should never be left with the Department of Homeland Security. Once the application fee has been paid, the application must filed with the Immigration Court in El Paso, Texas, at the proper location (for a non-detainee case or for a detainee case).

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 non-detainee court is 915-534-6020. The telephone number of the detainee court is 915-225-0750.

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