| The Court Process
If you
are referred to court, it means that you are in REMOVAL PROCEEDINGS,
meaning the government is trying to deport you. It is critical
that you find a lawyer to represent you in court. The
Immigration Court will provide you with a list of legal providers.
Sometimes it may be quite difficult to reach them by telephone, but
RIF can help you in getting in touch with them.
You will be given a date to appear at the
immigration court. The first time you appear, the appointment is
called a MASTER CALENDAR. It is okay if you haven’t yet found a
lawyer by this first date. You can tell the judge that you need more
time to find a lawyer and he or she will give it to you.
You might have two or three master calendar
appointments before the judge gives you a date for your individual
hearing. At your individual hearing you will be asked many questions
by your attorney, the government lawyer (called the Trial Attorney
or TA) and by the judge. Often the judge will decide the case on the
very same day as the individual hearing. Sometimes the judge needs
more time to think and he or she will schedule another hearing for
you to come back and hear the decision.
It is important to understand that the trial
attorney represents the government. Often this means that he is
trying to win the case, meaning he wants the judge to deny your
case. This is not always the case, as many trial attorneys
understand when a person has a strong case. It is simply important
for you to understand that in representing the government, the trial
attorney will ask you many questions about your history and
experiences. The trial attorney is not your lawyer and therefore
your best interest is not his or her priority. The judge is supposed
to be objective and ask different questions in order to fully
understand your history and story.
Who your judge is can make a big difference in
your case. Some judges have a high rate of approval of asylum claims
and some have a low rate. You can find out who your judge is by
calling the following number: 1-800-898-7180. This number allows you
to find out when your next court date is, who your judge is, and
other information regarding your court process. If your attorney
does not say anything about your judge, please ask.
Other Forms of Relief that can be Granted at
the Immigration Court
As discussed above, granting asylum is
discretionary and the judge can take things other than your claim
into account. However, withholding of removal and Convention Against
Torture (CAT) relief are mandatory forms of relief.
What is withholding of removal and CAT?
If the judge determines that it is more likely
than not that you will be tortured or suffer inhuman or degrading
treatment as a punishment if returned to your home country, he or
she cannot send you back to your country. The standard for granting
withholding is tougher than asylum – for asylum you do not have to
show that persecution is more likely than not. If you are granted
withholding of removal, this means that you can work and live freely
in the United States; however, you are ineligible for a green card
and cannot travel outside of the United States. Winning withholding
does not prevent you from adjusting your status, or getting a green
card, in another way, such as marriage to a United States citizen.
CAT relief is also a form of mandatory relief and means that you
cannot be sent back home. If the immigration judge determines that
there is a 50% or greater chance that you will be tortured if
returned to your home country, he must grant you relief under the
CAT. (It is very important that your lawyer explains to you all
these complicated differences! If you feel that your lawyer is not
explaining this clearly, please contact RIF).
Work Authorization while in Court Proceedings
Some applicants are able to apply for a work
authorization while waiting for their individual hearings. Figuring
out who is eligible can be a little confusing, so please speak with
your attorney about this before applying.
The following is a brief explanation of who is eligible:
There is something known as “the clock” in court proceedings. The
clock counts the days from the time you are referred to court until
the date you get a decision from the judge. If the clock reaches 150
days, you can apply for a work authorization. This might seem simple
and uncomplicated, but the clock can and is stopped at many times.
The clock is stopped if you ask the judge for more time to prepare
your case. The clock continues to run if it is the government who
causes delay in the process. So, for example, if you go to your
first master calendar appointment and tell the judge that you need
more time to find a lawyer, the clock stops. It has counted the days
from the time you were referred to court until the date of your
master calendar. The clock will restart on the date of your next
master calendar if you are ready to proceed. The clock always
continues to run if, for example, the government needs more time
because it cannot locate your file, or if the judge, on the date of
your first master calendar, gives you a date for your individual
hearing that is more than 150 days away.
You can find out how much time you have on your clock by calling
1-800-898-7180.
Once again it is very important that your lawyer explains this
clearly to you. |
