FREQUENTLY ASKED QUESTIONS
Q. What is the
A. The
Immigration Court
Executive Office for Immigration Review
One River View Square
333
South Miami Avenue
Suite 700
Telephone: (305) 789-4221
Q. Does the
A. Yes. As a part of the Institution
Hearing Program (IHP), Judges from the
Q. What are the Court's
hours of operation?
A. The
Q. Is the Court open
during bad weather?
A. In extremely bad weather, you should call the court prior to your hearing.
The telephone number for the Court is (305) 789-4221.
Q. Where can I use the
telephone at the Court?
A. There are no public telephones available
at the court.
Q. What do I do if I
don't remember the date and/or time of my hearing or to get information about
my case?
A. Please call 1-800-898-7180. This is
an automated system in English and Spanish that allows you to obtain information
about your case.
Q. Can I call the Judge
about my case?
A. The Immigration Judges do not speak
to respondents or attorneys about individual cases outside the courtroom.
If you have a question, you may call the Legal Assistant assigned to the
Judge.
Q. Can I get information
on my family member's/friend's case?
A. The Court will release information
only to the respondent or the respondent's attorney of record. Basic information,
such as the next hearing date, is available 24 hours a day, 7 days a week,
on the automated telephone line at 1-800-898-7810, but you must have the Alien
Registration Number to obtain information.
Q. What is an Alien Registration
Number?
A. It is a nine digit number, preceded
by an "A," that is assigned to you by the Department of Homeland
Security. It is used as your file or case number by the Court.
Q. How do I notify the
Court if I change my address or move out of state?
A. You must notify the Court of any change
of address while your case is pending. The form used to notify the Court of
any change of address, Form EOIR-33, can be obtained from the
Q. Can I have my case
transferred to another Court if I move out of state?
If you move out of state, you may request
a "Change of Venue" (transfer of your case to another Court) from
the Immigration Judge in
Q. May I bring my children
to Court with me?
A. If your children have been given a
notice to appear in their own names, they must be brought to court for the
first hearing. If your children have not been given a notice to appear, it
is not recommended that you bring them to Court.
Q. Are food and beverages
allowed in the courtrooms?
A. No.
Q. What should I wear
to Court?
A. Business attire.
Q. What should I expect
when I arrive at the Court building?
A. Please arrive thirty minutes prior
to your scheduled hearing time. All persons entering the Court must pass through
a metal detector. All packages, briefcases, purses, etc. will be x-rayed and
searched as necessary. No camera or video equipment is allowed in the building.
Cellular telephones and beepers must be turned off before you enter the courtroom.
The building is a smoke-free facility.
Q. What documents should
I bring to my hearing?
A. You should bring the notice to appear
(or any charging document) and the notice of hearing, if separate. If you
have any family members who have received such documents, you should bring
copies of those documents also. At your initial hearing, the Immigration Judge
will advise you of which papers would be beneficial in your case and ask you
to bring copies to your next hearing.
Q. I don't speak/understand
English. Will there be an interpreter there to translate?
A. Yes, the Court will arrange for an
interpreter for your hearing in your native language.
Q. Can I request that
an attorney be appointed for me? Will you assign an attorney to me since I
have no money or have been unable to locate one willing to do the case?
A. Persons appearing in
Q. What if I don't have
a lawyer with me?
A. YOU MUST COME TO YOUR HEARING ANYWAY.
You should have received a List of Free Legal Service Providers from the DHS.
If you did not receive it or lost this list, the Immigration Judge will provide
you with another 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, the DHS will have an attorney present
to represent them.
Q. How can I give my
documents to the Court?
The Court accepts documents in person
during the hours of operation or by mail. You may be directed by the Immigration
Judge to file a document in person in Court. If so, you must file the document
as directed. Please check the Immigration
Court Practice Manual to be sure you follow them when filing
documents. All submitted documents should have your name and Alien Registration
Number on them. Please keep a copy of all documents filed with the Court for
your records.
Q. Will the Court accept
a fax from me?
A. No.
Q. When I give my documents
to the Court, can I leave Department of Homeland Securitys' (DHS) copies with
you?
A. No. Copies of all documents given
to the Court also must be given to the DHS attorneys. Documents filed with
the Court must include a signed statement that a copy has been delivered to
the DHS attorneys. They are located on the 4th and 5th
Floor at
Q. Can the Court copy
documents for me?
A. No. The Court does not provide copy
services to the public.
Q. Where do I pay fees
for applications?
A. The
Q. What will happen if
I do not come to my hearing?
A. You will be ordered removed and deported
in your absence if you do not appear when you had notice of the hearing and
the DHS can prove the charges against you. You can request that the Judge
reopen your case by filing a motion to reopen. The motion to reopen must state
in detail the reasons for your failure to appear and can be supported with
documents. You must submit with the motion evidence that you paid the proper
fee for the motion, or a request that the fee be waived. If you received notice
of your hearing, a motion to reopen must be filed within 180 days after the
date of the removal order and must demonstrate exceptional circumstances that
caused your failure to appear. Exceptional circumstances are circumstances
beyond your control, such as your own serious illness or the death of an immediate
relative. If you did not receive proper notice of the hearing or were in federal
or state custody, a motion to reopen can be filed at any time.
Q. What will happen at
my hearing?
Whether you proceed with or without a
lawyer, the Immigration Judge will advise you of your rights and the charges
against you. The Judge will advise you that you will have a reasonable opportunity
to examine and object to the evidence against you, to allow you to present
evidence on you own behalf, and to cross examine witnesses presented by the
government. If you are in the
Q. What will happen at
the conclusion of my hearing?
A. The Immigration Judge will enter a
decision in your case, which may be oral or written. If oral, it will be presented
at the conclusion of your hearing. If written, it will be sent to you or your
attorney in the mail. Either way, the decision will contain reasons for granting
or denying any relief requested. You will have the opportunity to appeal this
decision if you so choose, and the Judge will explain to you how to do so.
Q. How do I find out
about the status of my case on appeal?
A. Call the Board of Immigration Appeals
at (703) 605-1007.
Q. How can I get work
authorization or get my work authorization renewed?
A. The
Q. I lost my lawful permanent
residence card. Can the Court replace it?
A. The
Q. Where do I pay a bond/get
a refund of a bond?
A. All bonds are paid, or refunds should
be requested through, the Department of Homeland Security, Detention and Deportation
Section, 7880 Biscayne Boulevard, Miami, Florida.