Immigration court procedures
Expert-defined terms from the Professional Certificate in Immigration Law and Professional Responsibility course at London School of Business and Administration. Free to read, free to share, paired with a globally recognised certification pathway.
Immigration Court Procedures #
Immigration court procedures refer to the rules and processes that govern hearin… #
These procedures are designed to ensure fairness and consistency in immigration cases. Immigration court procedures are essential for both immigrants and the government to present their cases and arguments effectively.
Adjudication #
Adjudication is the process by which an immigration judge or officer decides on… #
This involves evaluating evidence, applying the law, and issuing a decision. Adjudication is a crucial step in the immigration court process as it determines the outcome of a case.
Administrative Closure #
Administrative closure is a procedure that allows an immigration judge to tempor… #
This may happen when the case is not ready for adjudication, or there are other reasons to delay the proceedings. Administrative closure does not necessarily end the case but puts it on hold until further action is taken.
Appeal #
An appeal is a request for a higher court to review a decision made by a lower c… #
In immigration court, appeals are typically made to the Board of Immigration Appeals (BIA) if a party disagrees with the decision of an immigration judge. The BIA will review the case and make a final decision on the matter.
Asylum #
Asylum is a form of protection granted to individuals who have fled their home c… #
To apply for asylum, individuals must demonstrate that they meet the legal requirements and qualify for protection under U.S. law.
BIA (Board of Immigration Appeals) #
The Board of Immigration Appeals (BIA) is an administrative appellate body that… #
The BIA has the authority to uphold, reverse, or remand decisions, and its rulings are binding unless overturned by a federal court. The BIA plays a critical role in the immigration court system by providing a final review of cases.
Cancellation of Removal #
Cancellation of removal is a form of relief available to certain noncitizens fac… #
To qualify for cancellation of removal, individuals must meet specific criteria, including continuous physical presence in the U.S., good moral character, and hardship to a qualifying relative if removed. If granted, cancellation of removal allows individuals to remain in the U.S. and potentially obtain lawful permanent residency.
CAT (Convention Against Torture) #
The Convention Against Torture (CAT) is an international treaty that prohibits t… #
Under U.S. immigration law, individuals who fear torture in their home countries may be eligible for protection under CAT if they meet the legal requirements. CAT protection is a form of relief that prevents individuals from being removed to a country where they would face torture.
Change of Venue #
A change of venue is a request to transfer a case from one immigration court to… #
A change of venue may be granted if both parties agree or if the immigration judge determines that it is necessary for the proper adjudication of the case. Changing venue can impact the timing and outcome of the proceedings.
Continuance #
A continuance is a delay or postponement of a scheduled hearing or trial in immi… #
Continuances may be granted for various reasons, such as to allow additional time to prepare, gather evidence, or address unexpected circumstances. Immigration judges have discretion to grant or deny continuances based on the specific circumstances of each case.
Convention Grounds #
Convention grounds refer to the five protected categories under the United Natio… #
To qualify for refugee status or asylum, individuals must demonstrate that they have experienced persecution or have a well-founded fear of persecution on one of these convention grounds.
Credible Fear Interview #
A credible fear interview is a screening process conducted by an asylum officer… #
If an individual passes the credible fear interview, they may be referred to immigration court for further proceedings. Failing the credible fear interview may result in expedited removal from the U.S.
Deportation #
Deportation is the formal removal of a noncitizen from the United States for vio… #
Deportation can occur through a formal removal order issued by an immigration judge or through administrative procedures. Deportation can have serious consequences for individuals, including being barred from reentering the U.S. for a specified period.
Detention #
Detention refers to the process of holding individuals in custody while their im… #
Detention can occur in immigration detention facilities or local jails, and individuals may be detained for various reasons, such as flight risk, public safety concerns, or lack of legal status. Detention can have significant impacts on individuals and their families.
Expedited Removal #
Expedited removal is a fast #
track deportation process that allows immigration officers to remove certain individuals from the U.S. without a hearing before an immigration judge. Expedited removal applies to individuals who arrive at a port of entry without proper documentation or who are apprehended within 100 miles of the border and cannot prove they have been in the U.S. for more than two weeks. Expedited removal can have severe consequences and limit individuals' ability to seek relief.
Immigration Bond #
An immigration bond is a form of release from detention that allows individuals… #
To be eligible for an immigration bond, individuals must demonstrate that they are not a flight risk or a danger to the community and that they have a reasonable chance of success in their immigration case. Immigration bonds are set by immigration judges or ICE officials and can vary in amount.
Immigration Judge #
An immigration judge is a judicial officer who presides over immigration court p… #
Immigration judges are responsible for conducting hearings, evaluating evidence, applying the law, and issuing decisions on matters such as relief from removal, asylum, and cancellation of removal. Immigration judges play a critical role in the immigration court system and have the authority to determine the outcome of cases.
Master Calendar Hearing #
A master calendar hearing is an initial court appearance in immigration court wh… #
At the master calendar hearing, the respondent may enter a plea, request relief, or seek more time to prepare their case. Master calendar hearings are essential for setting the stage for the rest of the immigration court process.
Notice to Appear (NTA) #
A Notice to Appear (NTA) is a formal document issued by U #
S. Immigration and Customs Enforcement (ICE) that initiates removal proceedings against an individual. The NTA specifies the charges against the individual, the legal basis for removal, and the date and location of the immigration court hearing. Respondents must appear at their scheduled hearings and respond to the allegations in the NTA to avoid removal.
Persecution #
Persecution is the infliction of harm or suffering on individuals based on prote… #
Persecution can take various forms, including physical violence, torture, discrimination, or threats to life or freedom. To qualify for asylum or refugee status, individuals must demonstrate that they have been persecuted or have a well-founded fear of persecution in their home countries.
Prosecutorial Discretion #
Prosecutorial discretion is the authority of immigration enforcement officials t… #
Prosecutorial discretion allows officials to prioritize cases based on factors such as public safety, national security, humanitarian concerns, and the individual's ties to the community. Prosecutorial discretion can impact the outcome of immigration cases and the enforcement of immigration laws.
Remand #
Remand is a legal term that refers to sending a case back to a lower court or ad… #
In immigration court, the Board of Immigration Appeals (BIA) may remand cases to immigration judges for additional evidence, clarification of legal issues, or other reasons. Remand can result in delays in the resolution of cases but allows for a more thorough review of the issues.
Removal #
Removal is the formal process of deporting noncitizens from the United States fo… #
Removal can occur through a formal order issued by an immigration judge or through administrative procedures. Individuals subject to removal may be detained and removed from the U.S., with potential consequences such as being barred from reentering the country for a specified period.
Respondent #
A respondent is an individual who is facing removal proceedings in immigration c… #
The respondent is the party defending against the charges of removability brought by the government. Respondents have the right to present evidence, make legal arguments, and seek relief from removal based on their specific circumstances. Respondents play a crucial role in the immigration court process and have the opportunity to present their case before an immigration judge.
Voluntary Departure #
Voluntary departure is a form of relief that allows individuals facing removal f… #
Individuals granted voluntary departure must depart the U.S. within a specified period and at their own expense. Voluntary departure allows individuals to avoid the consequences of a formal removal order, such as being subject to bars on reentry.