FREQUENTLY ASKED QUESTIONS
Q. What are the Court's hours of operation?
A. The Court is open to receive documents for filing from 7:30
a.m. to 4:00 p.m. Monday through Thursday, and on Friday from 7:30 a.m. to 3:30
p.m. The window is closed from 12:00 p.m. to 1:00 p.m. for filings. The Court
is open until 4:30 p.m. for all other purposes. The Court does not have a drop
box for after hours filing. To contact the Court, call (713) 718-3870.
Q. What do I do if I don't remember the date and/or time of my
hearing?
A. Please call 1-800-898-7180. This is an automated
system that allows you to obtain information about your case. You must have your
file number ready. The file number is printed on all Department of Homeland
Security and Court correspondence.
Q. How do I find my courtroom?
A. Immigration
Courtrooms are located in room 2235 on the second floor of 2320 La Branch. The
Court Calendars for each Judge are posted in the reception area. These calendars
contain the names and file numbers of everyone who is scheduled for a hearing
that day, as well as the name of the Judge presiding over your case. Once you
have located your name on the calendar, please enter the courtroom for your
hearing. If you do not find your name on the calendar, go directly to the filing
window and ask for assistance.
Q. What do I do when I arrive at my
courtroom?
A. If you are there for your first hearing, which is
called a master calendar hearing, you will encounter many other people in that
room who are also scheduled for a hearing. Have a seat in the Courtroom and wait
until the legal clerk calls your case.
Q. What if I don't have a lawyer with me?
A. YOU
MUST COME TO YOUR HEARING ANYWAY. If this is your first master calendar hearing,
and you do not have a lawyer, do not worry. The Judge will advise you of your
rights and will allow you an opportunity to obtain a lawyer at your own expense
if you so desire. You should have already obtained a List of Legal Aide
Organizations. If you do have this list, ask the Judge or Court personnel for a
copy.
Q. Do I have to have a lawyer?
A. No. You may
elect to proceed without a lawyer if you choose to do so. However, it is
strongly recommended that you retain or at least consult with a lawyer prior to
your hearing. The Department of Homeland Security will have an attorney present
to represent them.
Q. Will there be an interpreter present if I don't speak
English?
A. At your first master calendar hearing, it is likely
that there will be a Spanish interpreter available to translate for you. After
your first hearing, the Court will arrange for a certified interpreter in your
native language to be available at any subsequent hearings.
Q. How do I notify the Court if I change my address or move out
of the state?
A. You must notify the Court of any change of
address while under proceedings. Form EOIR-33, which is the form used to notify
the Court of change of address can be obtained from the clerk. This form must be
submitted within five days from the date of your move. If you move out of the
jurisdiction of the Houston Court, you may request a "Change of Venue" from the
Judge. However, until the Judge grants your request, you are required to appear
at all scheduled hearings before the Court.
Q. What will happen at my hearing?
A. Whether
you proceed with or without a lawyer, the Judge will advise you of your rights.
The Judge will advise you that you will have a reasonable opportunity to examine
and object to the evidence against you, to present evidence on your own behalf,
and to cross examine witnesses presented by the government. The Judge will place
you under oath and read the factual allegations and the charges in the Notice to
Appear (NTA) and explain them to you. Additionally, the Judge will ask you
whether or not the factual allegations contained in the NTA are true. If the
charge against you is not conceded, the Judge will conduct a hearing to
determine if the charge is true or false. If the charge is true, the Judge will
advise you of any discretionary relief that may be available and allow you an
opportunity to submit the appropriate applications for relief.
Q. Will my application require a
fee?
A. With the exception of asylum
applications, most applications for relief require a fee. Please see the
standard fee schedule for details at 8
C.F.R. § 103.7. The regulations provide that if you are unable to afford the
fee for an application -- cancellation of removal, for example -- you can
request a waiver from the Immigration Judge. The procedures for requesting a fee
waiver are found at 8 C.F.R. § 103.7(c).
Q. What will happen at the conclusion of my hearing?
A. The Judge will enter a decision
in your case which may be oral or written. An oral decision will be given at the
conclusion of your hearing. A written decision will be sent to you by mail. You
will have the opportunity to appeal any decision if you so choose. If you
disagree with the decision, form EOIR 26 (Notice of Appeal) must be received by
the Board of Immigration Appeals within 30 days of the Judge's decision.
Q. How do I request a tape of the proceedings or review a
file?
A. Requests to review a file
can be made in person or in writing as long as the following requirements are
met: a) you are the respondent, b) you are the attorney/representative of record
for the respondent; or c) you have the written permission of the respondent to
review the record. Requests for copies of hearing tapes must be made in writing
and must adhere to the requirements above.
Q. What will happen if I leave the country while my case/appeal
is pending?
A. If you depart the
United States after filing an appeal, but prior to the decision, the departure
will be deemed a withdrawal of the appeal. Therefore, the Judge's decision will
become final. If your case is pending, you should consult with your attorney or
representative before making any departures. Under certain circumstances you may
be able to obtain advance parole that will allow you to depart the United States
for a limited purpose.
Q: Where do I pay fees for
applications?
A: The Immigration Court does not accept
fees for applications. All application fees are paid to the Department of Homeland
Security, USCIS Texas Service Center, P.O. Box 852463, Mesquite, Texas 75185-2463.
If you have questions about fees or service of documents, call 1-800-375-5283.
Q: May I speak to the Judge about my case outside the
courtroom?
A: The Judges do not speak
to individual respondents about their case outside the courtroom. The respondent
should consult with his/her attorney.
Q: May I bring my children to Court with
me?
A: If the children are not in
proceedings, it is recommended that you make arrangements for them to stay at
home.