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Immigration Court

 An immigration court is a specialized court system in the United States that handles cases related to immigration law and enforcement. These courts are administered by the Executive Office for Immigration Review (EOIR), which is a division of the U.S. Department of Justice. Immigration courts adjudicate cases involving individuals who are subject to immigration proceedings, including removal (deportation) proceedings, asylum applications, and other immigration-related matters.

 

Key features of immigration courts include:

 

  • Jurisdiction: Immigration courts have jurisdiction over a wide range of immigration cases, including but not limited to deportation proceedings, removal orders, asylum claims, cancellation of removal, adjustment of status, and applications for relief from removal. These courts do not handle criminal cases, which are adjudicated in separate criminal courts.
 
  • Adjudication: Immigration judges preside over hearings and proceedings in immigration court. They are responsible for making decisions on matters of law and fact, including whether an individual is eligible for relief from removal, protection under asylum laws, or other forms of immigration relief. Immigration judges have the authority to issue orders of removal (deportation) or grant relief from removal based on the merits of each case.
 
  • Due process: Immigration courts are required to adhere to principles of due process and fairness in their proceedings. This includes providing individuals with notice of their charges, the opportunity to present evidence and witnesses in their defense, the right to legal representation, and the opportunity to appeal decisions to higher courts within the EOIR system.
 
  • Legal representation: Individuals appearing in immigration court have the right to be represented by legal counsel at their own expense. While the government does not provide free legal representation to individuals in immigration court, immigrants may seek assistance from pro bono legal services, nonprofit organizations, or private attorneys.
 
  • Administrative procedures: Immigration courts operate under administrative procedures established by the EOIR, including rules of evidence, procedures for filing motions, scheduling hearings, and conducting appeals. These procedures are designed to ensure the efficient and orderly adjudication of immigration cases while protecting the rights of individuals involved.
 

Immigration courts play a crucial role in the U.S. immigration system by providing a forum for adjudicating immigration matters in accordance with applicable laws and regulations. They serve as a key component of the enforcement and administration of U.S. immigration policy and law.

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