Individual Merits Hearing
The individual merits hearing is the final hearing before the immigration judge. At the hearing, the individual presents to the immigration judge any evidence and testimony in support of his/her applications for relief from removal.
The immigration judge first reviews the allegations in the NTA and the forms of relief from removal that are being requested. S/he asks if there are any changes that need to be made to the application(s) before proceeding. The immigration judge then reviews the government’s proposed exhibits and witness list and decides whether to accept or reject the exhibits and witnesses. Any exhibits and witnesses that are rejected will not be considered by the immigration judge in deciding whether or not to grant the request for relief from removal.
An individual then has an opportunity to testify and explain why s/he qualifies for the immigration benefit s/he is seeking. The individual walks up to the witness stand and takes an oath to tell the truth. The individual’s attorney then asks questions about eligibility for the benefit the individual is seeking. The immigration judge may interrupt and ask questions or may wait until the attorney is finished asking questions.
After the attorney asks questions, the attorney for the government has an opportunity to ask questions. S/he will try to show that the individual’s testimony contradicts the application and the supporting documentation that has been presented. It is very important to listen to the questions carefully and only answer the question the government’s attorney is asking.
After the individual testifies, s/he may then present any other witnesses to support a request for relief from removal. S/he will be asked questions by his/her attorney, the judge, and the attorney for the government. The government then has an opportunity to present any witnesses it has to show that the individual is not eligible for the benefit being sought.
After the judge hears all of the witnesses and reviews all of the exhibits, the individual’s attorney and the attorney for the government are given an opportunity to make closing statements. In the closing statement, the individual’s attorney explains why s/he is eligible for the immigration benefit and highlights any evidence that supports the case. The government attorney tries to argue why the individual does not qualify for the benefit s/he is seeking.
The judge reviews all of the testimony and exhibits and makes a decision whether to grant or deny the individual’s request for relief. In some cases, the judge may ask the parties to submit additional documentation or written statements before making a decision. In these cases, the judge asks the parties to return to the court on another day to hear the decision or the judge mails a written decision to the parties.
If the request for relief from removal is denied, an individual has thirty (30) days to appeal the judge’s decision to the Board of Immigration Appeals.
Click Here to view information regarding Appeals to the Board of Immigration Appeals.
WARNING ABOUT CHANGE OF ADDRESS:
If an individual is in removal proceedings, s/he is required to notify the immigration court of any change of address within five (5) days by filing Form EOIR-33/IC. Click Here to view this form.
It is not sufficient to change an address with the U.S. Postal Service because in most cases the U.S. Postal Service does not forward mail from the court to a new address. Sometimes, the court changes the hearing date and mails the new hearing date to the last known address. If an individual fails to file Form EOIR-33/IC and s/he misses a court date because s/he did not receive the new notice, an order of removal will be issued. An individual will have to file a motion to reopen the proceedings in order to continue with a request for relief from removal. The immigration judge may refuse to reopen the case if the individual did not properly notify the court of a new address.
If you are a Garfinkel Immigration client, please notify us immediately of your change of address, and we will be glad to prepare and file the Form EOIR-33/IC on your behalf.
Removal proceedings are very complicated. The immigration court has special rules and if those rules are not followed, the immigration judge can deny applications for relief from removal.
Garfinkel Immigration highly recommends that an individual retain an attorney to represent him/her if they are placed in removal proceedings. For a consultation, please call (704) 442-8000.