Explanation of the function and jurisdiction of immigration courts, including procedures, appeals, and resources.
Asylum: The process for seeking protection from persecution in one's home country.
Removal Proceedings: The legal process by which the government seeks to deport a non-citizen from the United States.
Deportability: The grounds on which a non-citizen can be deemed removable from the United States.
Inadmissibility: The grounds on which a non-citizen can be denied entry into the United States.
Bond Hearings: The process by which a non-citizen can request release from detention pending the outcome of their case.
Relief from Removal: The various forms of relief available to a non-citizen facing deportation, including cancellation of removal, adjustment of status, and waivers.
Immigration Court Procedures: The rules and procedures governing immigration court, including the role of judges, attorneys, and evidence.
Immigration Consequences of Criminal Convictions: The impact that a criminal conviction can have on a non-citizen's immigration status and potential removal from the United States.
Pleading and Motions Practice: The various pleadings and motions that can be filed on behalf of a non-citizen in immigration court.
Appeals and Review: The process for appealing an adverse decision of an immigration judge to the Board of Immigration Appeals, and potentially to federal court.
Executive Office for Immigration Review (EOIR): EOIR is responsible for conducting immigration court proceedings across the United States. It is the main forum for hearing cases that involve violations of immigration laws, deportation, and relief from deportation.
Board of Immigration Appeals (BIA): The Board of Immigration Appeals (BIA) is the highest administrative body within the Department of Justice that adjudicates immigration cases. The BIA reviews appeals from EOIR decisions and has the authority to grant or deny relief from deportation.
Federal Courts: If an immigration case is not resolved by the immigration court or the BIA, it can be appealed to a federal court. Federal courts have the power to overturn immigration court decisions and provide relief from deportation.
Immigration Court in Detention Facilities: Immigration courts are located in detention facilities, where detained individuals are given hearings to determine their eligibility to remain in the US.
Immigration Court in Customs and Border Protection (CBP) Facilities: CBP facilities have immigration courts that handle cases of individuals who arrive at the US border, seeking to enter the US. These cases often involve asylum claims, and the immigration court determines if the individual can remain in the US.
Immigration Court in Immigration and Customs Enforcement (ICE) Facilities: ICE facilities have immigration courts that handle cases of individuals who are in the US unlawfully or have violated their immigration status. These cases often involve deportation, and the immigration court determines if the individual can remain in the US.