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I have a court date in Immigration court. What should I expect?   Message List  
Reply Message #53 of 53 | Next >
http://www.justice.gov/eoir/vll/intdec/precedent_chart/precedent_chart_D_I.html





I will start by telling you important things you need to know.

1) The hearing will be recorded on tape. So be very careful what you say with or without a lawyer

2) The department of Homeland Security (DHS) usually take people to court if they believe that that person is deportable (should be deported out of the U.S.. They will ask the judge to deport you, basically. Which means the IJ will simply sign a deportation order if the judge agrees with the DHS (the prosecutor if you like).They will tell the judge reasons who you should not live in the U.S.. Example: If you are not a U.S. citizen, a green card holder, or can be in the U.S. under other means  the law says that you should not be allowed to live in the U.S..

You need a good DEFENSE team.
Immigration law is very complex, you should hire an attorney unless you know the laws good or very well (I think I know the law may not be good enough).

They will tell you why be deported. You or your lawyers will tell them why you should not be deported and this is where the complication take place because they are so many laws, eligibility, etc. A good lawyer will know how to defend you well. That is if you have eligibilities (law that qualify you to be in the U.S.)

The transcript may read like this after the hearing:

J= Judge
R= Respondent (you)
DHS= Department of Home Land Security which was created under Jorge W. Bush...used be INS...

Now the tape is roling

J. spell your fist and last name (j. may read your address and ask you to confirm if that if correct. Just say yes sir or yes ma`am)
R. spell your name. Clearly and kindly..
J. The DHS has brought you here because they believe that you should be deported out of the U.S.( J. may tell you the charges on the file and laws that the DHS uses to build their case against you). Do you understand?
R. your answer. Just say yes sir or yes ma' am if J is female

The judge may offer you an opportunity to hire a lawyer that may represent you in you case, in which you are BETTER say yes otherwise you may be deported right there at the first hearing.

The judge will schedule another hearing for you appear again with your lawyer for further hearings or  a trail if necessary.

DON'T be late:
You may be deported in absentia. Meaning you will be deported without your presence in which case you may have to file a "motion to reopen" which may be denied if you don't have a VERY GOOD reason why you were late. In which case you may appeal that denial with the board, which may be dismissed  also  if you don't have a very good excuse.

Be courteous :
It's for your best interest that you behave very good in IC



 







Sun Jan 29, 2012 10:25 pm

uacohelper
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Message #53 of 53 | Next >
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http://www.justice.gov/eoir/vll/intdec/precedent_chart/precedent_chart_D\ _I.html <http://www.justice.gov/eoir/vll/intdec/precedent_chart/precedent_chart_\ ...
uacohelper Offline Jan 29, 2012
10:25 pm
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