What Is the Role of Courts in Immigration Cases?

Federal and state immigration courts play a pivotal role in immigration cases. The courts are part of the Department of Justice (DOJ). They’re solely responsible for adjudicating immigration cases within the nation’s borders.

Immigration laws are complex and too overwhelming for any person seeking citizenship to understand on their own. For this reason, Texas immigration lawyers are valuable in helping individuals or families navigate the legal system and win their cases.

What Is Immigration Court?

The Executive Office for Immigration Review (EOIR) oversees immigration cases. The court handles cases involving individuals who are not U.S. citizens and have been charged with violating immigration law.

The purpose of immigration courts is to ensure a fair, efficient and uniform interpretation and application of the nation’s immigration laws.

There are over 60 immigration courts across the United States. Each court hears cases at several locations. Hearings may be conducted via video or telephone conferencing when the judge and parties to the case are in different locations.

Key Responsibilities of Immigration Courts

When adjudicating immigration cases, the courts are responsible for:

  • Determining whether you’re admissible or removable from the U.S. or whether you’re a U.S. citizen.
  • Assessing whether your application for relief from deportation should be granted. The court reviews asylum, immigration benefits and green card cases.
  • Deciding whether you can post bond or if the bond amount needs to be adjusted if you’re detained.

What Are Immigration Proceedings?

Immigration proceedings determine your immigration status or your eligibility to stay in the U.S. During proceedings, you can attend hearings in front of immigration judges. Your attorney presents your case and the evidence to support your request to stay.

The judge looks at evidence and hears arguments from both parties. If approved, you may receive legal status or permission to remain in the country. However, if denied, you may be required to leave the country or face deportation.

Immigration Court Facts You Need to Know

  • You are not guaranteed an attorney: As an immigrant, you do not have the legal right to an attorney if you cannot afford to hire one. It’s important to hire one to represent you.
  • You need to know when you’ve been served: Cases begin with immigration officials immigration officials issuing a “Notice to Appear” (NTA) to you and then filing the NTA with the Immigration Court.
  • You can appeal your case: Your attorney can appeal your case in one of two forums: the Board of Immigration Appeals (BIA) or the federal court.
  • Your rights are protected: The 14th Amendment guarantees due process and gives everyone protection in the US, not just citizens.

Get a Free Case Review When You Call Mark Jacobs

Have you been charged with violating immigration laws? Remember, the courts do not represent you. However, our law firm will. Contact us today at 972-445-7577 for a free case review from an immigration attorney in Dallas, Texas.

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