During your main calendar hearing, the immigration judge will do the following: If you are an alien who has been detained by U.S. immigration officials and deportation proceedings have been initiated against you, you may be subject to a number of different hearings. Yes. If the judge determines that you can be deported from the United States, you may have a defense against deportation and may be able to stay. If you don`t have a defence, the judge can order your deportation at that first hearing. The government begins the matter by giving you a notice of appearance detailing the allegations against you. If the government tries to deport you for a crime, that crime will be listed with the section of the Immigration Act on the notice to appear. The government could add more criminal charges later. Hi, I`m Jim Hacking, an immigration attorney who practices as an attorney in our office here in St. Louis, Missouri, USA. I hope you never get a notification to introduce yourself.
A notice is a document issued by USCIS or Immigration Customs Enforcement that forwards you to your local immigration court. We have these big, long backlogs where you cannot get a hearing date for a single hearing. The individual hearing of the immigration court is the real deal. That is the criterion. There, the judge will gather evidence and decide whether you should be deported or not. I hope this clarifies things for you. At the beginning of the hearing, the judge will confirm your credentials. You can correct errors in the information provided in the notice to appear and introduce your lawyer. Next, the judge will consider the charges against the NTA. You must admit or deny any accusation while correcting any errors in the factual allegations about the NTA. In addition, you need to decide what types of immigration facilitation you will apply, such as cancellation of deportation, voluntary departure, or asylum. A foreigner may first argue that he is not deported.
If that fails, they can also argue that they qualify for some form of immigration facilitation. Hearings in the main calendar are usually very short. You will probably only spend 5 to 20 minutes in front of the immigration magistrate. Although the hearing is short, you should still be in court for a few hours. Immigration judges often schedule many people to attend a hearing on the master`s calendar on the same day and at the same time. This means you can be in the courtroom with lots of people and wait a while for your turn. If you don`t have an opinion, let the immigration judge know. Anyone who has a case before an immigration court should receive a notice to appear. If you don`t have one, you may have been deported in the past, but you never left. The audience on the main schedule is usually relatively short. The judge will let you know when he is ready by calling your alien registration number and name.
If you do not feel comfortable communicating in English, you should ask the judge to use an interpreter. Although you cannot bring your own interpreter, the court will provide an interpreter free of charge. You must wait until the interpreter has finished translating before answering a question from the judge. A main hearing is the first hearing a person has in immigration court. The purpose of a main hearing is to allow the judge to ask you questions, inform you of your rights in court, and schedule your next hearing. It`s also a time when you and your lawyer (if you have one) have the opportunity to make a first impression of the court when it comes to your case. It goes without saying that the first hearing in the main calendar is important. The main calendar hearing is an initial hearing in which the immigration judge (and a prosecutor) allows you to review the charges against you and allow or deny those charges. You can then inform the judge of the different forms of redress you wish to seek, such as asylum or refusal of expulsion. Finally, it sets a timeline for your case and sets deadlines for various applications you may want to submit.