What Can I Expect at an Immigration Hearing?

First, unlike your general hearing, known as the “Master Calendar Hearing” or “Master Hearing,” the individual hearing is different in that it is private. Only the judge, a prosecutor from the Department of Homeland Security, an interpreter, the judge's assistant, the applicant, and the applicant's attorney will be in the courtroom. There are no spectators. Interns are occasionally brought in to learn about immigration court litigation. Witnesses are also permitted, but they may only be part of the hearing when called to testify.

Before and after testifying, witnesses must wait outside the courtroom. During the final hearing, preliminary matters are resolved between the attorneys and the judge, after which the hearing begins. The hearing generally begins with the applicant's attorney questioning the applicant. Through these questions, the applicant's attorney will attempt to encourage the applicant to tell his or her story about why relief is being sought and what makes the applicant eligible for immigration relief. This is known as direct examination. After it concludes, the prosecutor, who works for the Department of Homeland Security (DHS), will also question the applicant. The prosecutor's job is to determine whether there is any weakness in the application that could prevent the applicant from obtaining relief, and to highlight those weaknesses to the judge. After both the applicant's attorney and the prosecutor have questioned the applicant, each attorney has the opportunity to conclude the case with a brief closing statement. Some judges ask questions throughout the proceeding, while others do not. By the time the attorneys finish their closing statements, the judge generally reaches a decision on the case. This decision is often issued on the spot; other times, it is issued in writing. The judge may either approve or deny the case. The best outcome is approval. Depending on the type of relief requested, an approval decision may lead to permanent residence for the applicant. But what if the applicant does not win the case? The judge may issue a removal order (which is not final if a timely appeal is filed), or order removal while at the same time “withholding” it under a form of relief known as “withholding of removal.” This relief allows the applicant to remain in the United States legally, at the discretion of the court. More information about immigration courts can be found in Attorney Jesus Reyes' book, La pequeña guía práctica para inmigrantes, available on Amazon. If you need help with an immigration court case, contact us today to begin resolving your case.