Your First Immigration Court Hearing: What to Expect

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If this is your first time going to court, you probably have some questions about what to expect when you appear in front of the immigration judge.  Even if you've been to court for other reasons, you probably wonder what types of questions the immigration judge will ask you, and what will happen during the proceedings.  All immigration courts run a little bit differently, but here are some general guidelines that will help you to understand how your case will proceed.

This post will focus on proceedings where the alien is NOT detained; the detained docket works a little differently, and it is something I've written about separately.  If you are appearing for your first Master Calendar Hearing, or your first hearing in non-detained court after being released on bond, here's what you can expect to happen.

1. You will check in with the court administrator.  If you are represented by an attorney, your attorney will check in on your behalf.  Most courts are set up so that there is a general waiting area, and individual court rooms.  In the general waiting area there is typically a list of the cases that are being heard that day posted, and you can check there to see which courtroom your case will be held in.  Your hearing notice will probably list the waiting room as the court room, so be sure that you are in the right place by checking with the court administrator.  
2. Each court operates slightly differently, but generally cases are heard on a first-come, first-heard basis, with the exception that all cases with an attorney will be heard first.  Pro se litigants (people who are representing themselves) are heard at the end of the attorney cases.  This will give you a chance to see how the judge runs the courtroom, so I recommend sitting in on the hearings that are happening before yours--you can get a general idea of the time between hearings this way, for instance.  
3. When you get to the court room, if the judge has not arrived yet, you will check in with the clerk, who typically sits at a desk next to the judge, facing out to the courtroom.  The clerk will take your number and pull your file so that the judge knows to call your case in the order you checked in.  Some courts have different procedures for pro se litigants, so be sure to check with the clerk if you have questions. 
4. You'll see that most courtrooms are set up so that there are two tables (one for the government attorney, and one for the Respondent and counsel--that's you).  There is sometimes a third table set up for an interpreter--not all courts keep an interpreter available for master calendar hearings, but in places where there is a large population that speak a specific language (generally Spanish), there may be an interpreter on hand to help out in swearing people in and ensuring that pro se litigants understand what is happening.  If you are representing yourself and do not speak English comfortably, the judge will either call the case when an interpreter is available (which may be later the same day or on a different day), or use an interpreter by phone.  
5. There will be many other cases that are happening at the same time, and you'll notice that there are three primary things that happen at Master Calendar Hearings:  
1. New hearings are scheduled.  The judge may schedule a new hearing so that the parties have time to prepare applications or other documents for submission, or to check the status of pending applications.  If the case is ready to be heard on the merits, the judge will schedule an individual calendar hearing.  You can also request a continuance in order to find a lawyer, or to gather evidence or other documents that are unavailable at this time.  Continuances are a discretionary decision by the court, but will generally be granted for good cause shown. 
2. Evidence or applications are submitted.  Many things are required to be submitted in person, and so Master Calendar Hearings are often scheduled to allow the parties an opportunity to submit documents in person. 
3. Voluntary departure is requested.  Most courts will hear requests for voluntary departure during the regular Master Calendar Hearing docket, although these requests are sometimes handled at the end of the docket.  If you think you are interested in voluntary departure, DO SPEAK TO AN IMMIGRATION ATTORNEY TO ENSURE THAT THERE IS NO OTHER RELIEF AVAILABLE TO YOU.  
6. When your case is called, you will first be sworn in by the judge.  You should remember that you are under oath, and make sure you understand that there are serious penalties for false testimony in this context.  
7. If you do not have an attorney and this is your first hearing, the judge will typically ask if you want time to find an attorney.  You'll be given a list of legal services providers in the local area to contact if you cannot afford a private attorney, and your next hearing will be scheduled.  Generally, judges will not ask pro se litigants who say that they are looking for an attorney to plead to the charges in the Notice to Appear, and you should not do until you have had a chance to consult with an immigration attorney.  
8. When you are addressing the judge, do call him or her "Your Honor" or "Judge".  Speak clearly and loudly, since your words are being recorded (the hearings are all recorded and transcribed later for the record, although you may notice that some judges go "on the record" only after establishing what the next steps in the case will be).  If you do not understand something that is said, politely ask the judge to clarify or explain it.  
9. The government attorney may have evidence to submit (both you and the court will receive a copy of anything that is submitted), and if this happens, be sure to talk to an immigration attorney to determine if there is anything you need to address in this evidence.  
10. When the judge is finished with your case, he or she will tell you the date of the next hearing, and will give you a copy of the hearing notice.  THIS IS THE ONLY NOTICE YOU WILL RECEIVE ABOUT THE NEXT HEARING.  It is critical that you do not miss any hearings in your case; if you do, you will be ordered removed in your absence, and you will lose important rights.  In some places, the court administrator will hand you the notice, and in other places, the government attorney will collect the notices and give one to you--watch what other people are doing to determine how things operate in your court.  
11. After your hearing has finished, take your things and exit the court room.  You're done. 

 Now, go find an immigration attorney, because you now realize how much of what you just observed you didn't completely understand.  There are a lot of important things that happen in immigration court, and the stakes are very high, so MAKE SURE you talk to a lawyer to decide what the best strategy is in your case.  You might feel like you can't afford a lawyer, but can you afford to go back home?  Legal services providers are available, and many immigration attorneys offer payment arrangements that may make the case more affordable for you, but the most important concern when you are in court is protecting your rights.  


As always, please feel free to contact me at christina@cruddenlegal.com if you have questions or if you would like to discuss representation.