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    How to Get Through Immigration Court

    Due to COVID-19, waiting times to enter the building and EOIR space may be significantly longer than usual. Please arrive early and remember to practice social distancing.

    The Dallas Immigration Court has 10 judges, with Judge Sims hearing the most asylum cases and Judge Ozmun hearing the most removal cases. Each judge has a different denial rate.

    Asylum

    Immigration court is a complex legal process with many different types of cases. A Dallas immigration lawyer can help you decide which type of relief to file for and prepare the necessary evidence to prove eligibility. Discretionary forms of relief include asylum, cancellation of deportation/removal, and adjustment of status.

    Generally, if you are an immigrant seeking asylum, the burden of proof is on you to show that you are a victim of persecution. Persecution can be based on race, religion, national origin, political opinion, or membership in a particular social group.

    The Dallas Immigration Court has 10 judges and handles deportation cases for persons residing in North Texas. It has the largest backlog in Texas and takes an average of 889 days to resolve a case. The court is open Monday through Friday except for federal holidays. It also closes during certain emergencies such as weather or fire. The EOIR website provides information on how to check immigration court hearing times.

    Removal

    Asylum-seekers have a much harder time in Dallas Immigration Court. According to TRAC, a Syracuse University-based research center, the caseload is so backlogged that it takes an average of 900 days for hearings to take place.

    The Dallas ICE field office is located on 8101 N Stemmons, in the city’s northern part. Whenever someone is arrested by ICE in North and Central Texas, they are first brought here for “processing.” During this time, a team of ICE officials will decide whether to place them in removal proceedings or to authorize their release on bond.

    Nonpermanent residents who meet certain standards may be able to achieve cancellation of removal and change their status to lawful permanent resident. To do so, they must show that they have ten years of continuous residence in the country and are of good moral character. This is an extremely difficult standard to meet, especially when a person came to the United States as a nonimmigrant exchange student for graduate medical training or education and failed to fulfill the required two-year period of continuous residence.

    Bond

    Whether you have been arrested or are in removal proceedings, a bond can allow you to be released from custody while working through the process. An immigration bond is money paid as a guarantee that you will appear for your hearings and comply with the final decision in your case. The court may set the amount of the bond, and you can pay it through a licensed bondsman or other party.

    The Dallas immigration court has the largest backlog of cases in Texas, according to TRAC (Transaction Records Access Clearinghouse). Depending on your case type and how many other people are ahead of you, it could take over a year to get a hearing date.

    When attending a hearing at the immigration court, it is important to wear proper attire and follow any instructions given by the presiding judge or staff. It is also necessary to keep a six-foot distance between you and others in EOIR space, to ensure proper social distancing and best facilitate your hearings.

    Representation

    Many immigrants without legal status who are arrested by Immigration and Customs Enforcement (ICE) will face deportation proceedings in immigration court. A knowledgeable Dallas immigration attorney can significantly improve your chances of avoiding deportation in immigration court.

    Our immigration law firm can also help you appeal a case in immigration court if you lose. We are experienced in defending cases in immigration court, including asylum, cancellation of removal, and green card renewals. We are also skilled in filing appeals with the Board of Immigration Appeals. In fact, we have won many appeals for clients after losing a case in immigration court. We are committed to delivering the best results for our clients. Our attorneys are highly knowledgeable about the entire immigration court process. Our office is staffed by licensed immigration attorneys with extensive trial experience. We can handle all aspects of your case from start to finish. We are available to meet with you in person or over the phone to discuss your case.

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