Immigrants & Immigration

Most immigrants in removal proceedings can see an Immigration Judge (IJ). However, some may not be eligible because of reasons explained below. Immigrants who fall into these categories may not be able to see an IJ:

• An immigrant who already has a removal (deportation) order from the past. This category includes the following immigrants:

  • Those who left the US after a removal order and re-entered again,
  • Those who never left the US after a judge ordered them removed or after granted them voluntary departure, and
  • People who were issued a removal order at the border.

Immigrants can be unaware they have removal orders. This can happen because they did not receive any notices or did not attend their removal court hearings. When an immigrant does not attend their court hearing, When the parties in a case present their sides of a case to a judge or other officer the judge will order them removed. In some cases, they can have their case reopened so they can see the judge. If the person can't reopen their court case, they can be deported under the outstanding removal order without seeing an immigration judge.

• People who committed Includes juveniles in placement in the facility as part of a court order. crimes considered serious under immigration law (“aggravated felonies”) and who are not lawful permanent residents. They may be given summary orders of removal and not permitted to see the IJ.

If someone has committed an aggravated felony, A serious crime that is punishable by more than one year in prison and they have a fear of persecution or torture if they have to return to their home country, they should talk to an immigration lawyer. Someone who represents clients in courts or who gives legal advice They may be given a Reasonable Fear Interview (RFI) before an immigration judge. An aggravated felony is a bar to some, but not all forms of immigration relief.  

The amount of time can change. This depends on the volume of the court’s docket. A list of everything that happens in a civil case. Also can be used to refer to the court calendar. It is common for immigrants to wait between two and four weeks to have their first hearing. When the parties in a case present their sides of a case to a judge or other officer During times of increased immigration enforcement and high numbers of immigrants in immigration detention, wait times will increase. Immigration and Customs Enforcement (ICE) may issue a bond. An immigrant can pay that bond and be released from ICE custody before their first detained Includes juveniles held prior to a court makes a decision about their case,  awaiting transfer to adult criminal court, or awaiting a hearing or trial in adult criminal court. hearing. An immigrant who is offered a bond by ICE should speak to an immigration attorney first.

Detained Includes juveniles held prior to a court makes a decision about their case,  awaiting transfer to adult criminal court, or awaiting a hearing or trial in adult criminal court. immigrants may not receive notice of their first court date or schedule changes to their court date. Immigration courts often change the time, date, and even location of hearings. They will need to have their alien registration number to look up their case. It is also called an A-number, or alien number. It is an eight or nine digit number that can be found on any documents issued to the immigrant by US Citizenship and Immigration Services (USCIS), Executive Office for Immigration Review (EOIR), Customs and Border Protection (CBP), and ICE.

To find out a scheduled court date, an immigrant can:

• Call the EOIR immigration court hotline
  • Toll-free: (800) 898-7180
  • From detention centers: Dial “111” on the pro bono Legal work done for little or no cost platform. The pro bono platform gives detained individuals free, unmonitored phone access to certain government and nongovernment entities, such as immigration courts, consular officials, and legal service providers.
• Check online: EOIR Automated Case Information System

Since court schedules often change, it is important to check regularly by calling the hotline or visiting the website to confirm the hearing When the parties in a case present their sides of a case to a judge or other officer date and location.

Hearings will most likely take place by video-conferencing. This means that the detained Includes juveniles held prior to a court makes a decision about their case,  awaiting transfer to adult criminal court, or awaiting a hearing or trial in adult criminal court. person will not appear in person in front of an immigration judge. Instead, they will be taken to a room in their detention center where they will watch the IJ and the courtroom. Some lawyers appear in person in the courtroom, but many appear via video-conferencing.

The Chicago Immigration Court located at 55 E. Monroe St, Suite 1500, Chicago, IL 60603. There is a satellite location for Chicago Immigration Court for detained immigrants at 536 S. Clark St, Room 340, Chicago, IL 60605. In-person hearings for detained individuals may be held in the basement at the 536 S. Clark St location.

Because Illinois immigrants are held in detention facilities all across the country, hearings may be scheduled at immigration courts all across the country as well. 

In removal cases, there are two types of hearings. The first kind of hearing When the parties in a case present their sides of a case to a judge or other officer is a master calendar hearing. A master calendar hearing is usually short and may be used by the immigration judge to gather basic information about the case. The judge will ask the detained Includes juveniles held prior to a court makes a decision about their case,  awaiting transfer to adult criminal court, or awaiting a hearing or trial in adult criminal court. person whether they admit or deny To refuse or say no the charges against them. These charges are listed on the Notice to Appear (NTA). The judge will also ask whether they will try to fight the deportation. They have a right to ask for a continuance When the judge gives additional preparation time before or during a trial or a delay at the hearing. This could give them time to try to get a lawyer. Someone who represents clients in courts or who gives legal advice Immigration laws are complicated and can change frequently. A person who wants to fight their deportation should speak to an immigration attorney to help them with their case. The detained person may have several master calendar hearings before presenting their full case. 

The second kind of hearing is the individual or merits hearing. At this hearing, the detained person and their lawyer give the reasons why the detainee cannot or should not be deported.

If the detained person fails to attend any of their immigration court hearings, they may receive an In Absentia Order of Removal. This is an order of removal that the judge issues even though the immigrant did not attend their immigration hearing. It is difficult to fight this order once it is in place, so it is important for immigrants to be present for all hearings.

Yes, if the detainee asks the IJ and the judge grants the request.At their hearing, When the parties in a case present their sides of a case to a judge or other officer the detainee can verbally ask the IJ to schedule a bond hearing. They can also file a written motion A request to the judge to make the court or a party in the case do something requesting a bond hearing. At a separate bond hearing, a judge will determine if they can let the detainee out of detention in exchange for them paying a fee (the bond). It is important to present all evidence Anything used to show that something is true and facts in support of the request for bond in order to increase the likelihood of success. A detainee should ask for time to speak to an immigration attorney and to prepare for the bond hearing. Learn more about what it means for an immigrant to be released on bond.