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  • Video Transcript - Going to a Removal Hearing in Immigration Court

  • Welcome! These video will help you understand the immigration process and what happens when

  • you get to court. When you or someone you know receives a notice to appear at Immigration

  • Court, you may have questions about what it means and what will happen.

  • This video will help answer these questions, including what immigration court is, and what

  • will happen at the hearing, and why it is so important to attend.

  • Before we begin, please know that immigration cases are very complex. Even though you are

  • in Immigration Court, you may have options to stay in the United States. If possible,

  • seek the help of a skilled immigration lawyer or a representative accredited by the Immigration

  • Court. 1. What happens in immigration court?

  • If you have to go to Immigration Court, it means Immigration has placed you in "removal

  • proceedings" or "deportation proceedings." At immigration court, you will see many of

  • the same people you see in other courts. There are judges, lawyers, clerks, security guards,

  • and other people waiting for their cases to be called.

  • The government will explain to the Immigration Judge why it thinks you should be deported.

  • You have the chance to tell the Judge why you think the government is wrong. The Judge

  • then decides whether you must leave the United States. You will likely have more than one

  • hearing before your case is over. 2. How do I know I have to go to Immigration

  • Court? You need to go to Immigration Court if you

  • receive a "Notice to Appear." The Notice to Appear lists the reasons why the government

  • believes you are deportable from the United States. Sometimes, the Notice also lists the

  • date, place, and time of your hearing. If no date and time are listed on the Notice,

  • then you will receive a second letter with the date, time and place of your hearing.

  • Each of these papers includes your Alien number, which is an 8- or 9-digit number beginning

  • with the letter "A". This number will appear on any papers you receive from the

  • court; it is how the court keeps track of your case. It is the same number used by the

  • Immigration Service. The Immigration Service is known as United States Citizenship and

  • Immigration Services or USCIS. USCIS handles requests of non-citizens to stay in the United

  • States. If you lost your hearing notice or are not

  • sure whether you received one, you can call the Immigration Court hotline at 800-898-7180.

  • This is an automated system with options in English and Spanish. Key in your Alien number

  • at the prompt, and it will list your next hearing date and time.

  • In Illinois, the immigration court is located in Chicago at 525 West Van Buren Street, Suite

  • 500. It is extremely important to go to court for

  • your hearing. If you do not, the judge can order you deported automatically, and you

  • lose the right to try to stay in the United States.

  • 3. Will I be arrested if I go to Immigration Court?

  • You will not be arrested at the hearing, and you will be able to return home to your family

  • that day. Most of the time, it takes more than one hearing and at least a few months

  • to complete a case. 4. What information should I have?

  • Make sure you know the following facts about yourself, in case the judge asks:

  • - Date and place of your birth - Country of your citizenship or nationality

  • - Date and place of entries into and exits from the United States, and whether you had

  • a visa at the time - Your criminal history, including arrests,

  • charges, and outcomes (for example, probation or jail time)

  • - Your prior interactions with immigration officials

  • - Whether your family members (spouse, children, parents or siblings) have green cards or are

  • U.S. citizens. It is okay to write this information down

  • and bring the paper to court with you to help you remember. This information is very important

  • because it may let the judge know whether you are eligible to stay in the United States.

  • 5. What should I bring to court? You should bring the Notice to Appear, and

  • the notice listing the date and time of your hearing.

  • Do not bring weapons, drugs, food or drinks with you. You will not be allowed to take

  • these into court. You will pass through a metal detector upon entering the court. If

  • you bring a cell phone, make sure you turn it off before going into court.

  • On the day of your hearing, arrive early - there will be traffic; parking may be difficult;

  • and you will have to pass through security. 6. How does the judge know that I came for

  • my hearing? After you go through security, you must sign

  • in. There will be lists of names hanging on a wall. Each judge has a different list of

  • names, which are the cases the judge will hear that day. Underneath each judge's list,

  • there are two sign-in sheets - one is for lawyers, one is for people there without lawyers.

  • If you do not have a lawyer with you, sign your name on the sheet for those without lawyers.

  • Make sure you sign on the sheet for the judge who will be hearing your case. If you do not

  • sign the correct sheet, the judge will not know that you are there. If you need help,

  • or cannot find your name on the list, you can ask for help from the clerk sitting at

  • the reception window. After you sign in, sit in the waiting area.

  • There will be other people waiting for their hearings as well. Wait until the judge's

  • clerk calls your name before you enter the courtroom. First, the clerk will call the

  • lawyers. Then, the clerk will call the names of the people there without lawyers. Be prepared

  • to wait. Once the clerk calls your name, you can follow him or her into the courtroom.

  • 7. Can I get an interpreter? There is usually a Spanish-language interpreter

  • in the courtroom. If you need an interpreter in a language other than Spanish, tell the

  • judge; the court will provide one at your next hearing. For your first hearing, you

  • can bring someone with you to help. Make sure that anyone who comes with you has lawful

  • status in the United States. 8. What happens after the clerk calls my name

  • and I go into the courtroom? If this is your first hearing and you would

  • like time to find a lawyer, you may ask the judge for time to do so. The judge will also

  • give you a list of legal aid organizations that may be able to help you.

  • If you are not asking for time to find a lawyer, you will be representing yourself. The judge

  • will then: - Explain your rights.

  • - Explain why you are having a removal hearing. - Ask you whether the facts in the notice

  • to appear are correct. - Ask questions about you, your family, your

  • history in the United States, and your criminal record.

  • If the judge thinks that you might be eligible to stay in the United States, he or she may

  • set deadlines for you to submit an application and get your fingerprints taken. If so, the

  • government attorney will tell you how to pay the fees for the application and how to apply

  • for fingerprints. Finally, the judge will tell you when to return

  • to court. You will get a written notice telling you the date and time of your next hearing.

  • Listen to the judge to see whether he or she wants you to do anything before the hearing

  • or bring anything to your next hearing. Be sure to do what the judge asks.

  • If you said you would look for a lawyer, you must try to find a lawyer to help you before

  • the next court date. 9. What else should I know?

  • Each time the judge gives you a new hearing date, you must attend. If you do not, the

  • judge can order you deported in your absence, and you will lose your right to apply to stay

  • here. Sometimes, the court will need to change the

  • date of your hearing. If so, it will mail you a new hearing notice with the new date

  • and time. Therefore, it is very important that the court has your current address and

  • telephone number. If your address or telephone number changes, you must tell the court within

  • five days. You can ask the clerk in the courtroom or at the reception window to give you a change

  • of address form. 10. What if I cannot come to a court hearing?

  • If you cannot come to your hearing, it is very important that you change it beforehand.

  • You can do this by filing a "motion to continue," which asks the court to move a hearing date.

  • Try to find a lawyer or legal aid organization to help you. You must have a good reason to

  • request a change. The judge will grant or deny your request.

  • If it is less than two weeks from your hearing date, it is usually too late to file a motion

  • to continue. But if you do not go to your hearing and do

  • not file a motion to continue, it is likely the judge will order you deported.

  • 11. Where can I find more information or talk with a lawyer about going to court?

  • For more information on removal hearings at immigration court, call one of these organizations:

  • - National Immigrant Justice Center - www.immigrantjustice.org - World Relief - www.worldrelief.org

  • - Catholic Charities - www.catholiccharities.net Or visit IllinoisLegalAid.org or the Spanish

  • website AyudaLegalIL.org

Video Transcript - Going to a Removal Hearing in Immigration Court

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入国管理裁判所での除去審問に行く (Going to a Removal Hearing in Immigration Court)

  • 9 3
    Amy.Lin に公開 2021 年 01 月 14 日
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