The immigration court is an administrative court that has to decide if a non-citizen has the right to enter or stay in the United States.
It is officially known as the Executive Office for Immigration Review (“EOIR”).
Immigration judges preside in immigration court proceedings. In addition to deciding whether an alien should be allowed to remain in the U.S., immigration court judges sometimes consider bond amounts and different forms of relief from removal.
Texas Immigration Courts
There are over 60 immigration courts throughout the U.S. According to the EOIR, 13 of these immigration courts are in Texas:
- Conroe
- Dallas
- El Paso
- El Paso SPC
- Fort Worth IAC
- Harlingen
- Houston – Smith Street
- Houston – Greenspoint Park
- Houston – S. Gessner Road
- Laredo
- Pearsall
- Port Isabel
- San Antonio
Immigration courts often hear cases at several locations in the U.S. Hearings may be held in person but also by video conferencing with the immigration judge and the immigrant located in different places.
For example, the Dallas Immigration Court resolves deportation cases of individuals residing in North Texas. On the other hand, the San Antonio Immigration Court is responsible for settling immigration cases or petitions for immigrants living in South Texas. The Houston Immigration Court is entrusted with the task of dealing with immigration cases involving non-detainees.
The United States immigration process can be intimidating for people looking to live and work in the U.S. Working with an attorney during the immigration process can be extremely helpful.
What Cases Are Heard in an Immigration Court?
Immigration court cases typically involve non-citizens who have been charged with immigration law violations by the Department of Homeland Security (DHS). The cases generally begin when the ICE officials (Immigration and Customs Enforcement) and CBP agents (Border Protection) issue a “Notice to Appear” to an alien. If an immigration judge grants the removal order, the DHS can start the deportation process.
Although the DHS attorney usually represents the U.S. government in immigration hearings, aliens don’t have a right to an attorney if they can’t afford one, unlike in the criminal court procedure. As a result, aliens often appear and represent themselves without skilled legal representation or help.
Texas Immigration Courts and the Pending Cases Backlog
It seems that in recent years, the EOIR has become increasingly unable to timely adjudicate the hundreds of thousands of cases it receives from DHS. As a result, the immigration court system is facing a growing backlog of pending cases.
Immigration courts in Texas have a considerable backlog – it is estimated that there are over 300,000 pending cases. The same estimates show that the Dallas Immigration Court faces more than 100,000 pending immigration cases. San Antonio Immigration Court and Houston Immigration Court are following closely.
Because of the backlog, certain individuals will have to wait years to have their cases resolved.
Do You Need an Attorney for an Immigration Court Case?
You are not required to have an attorney representing you before an immigration court judge. However, since an immigration judge decides whether you are eligible to stay in the U.S. or be deported, retaining an attorney would be wise.
Some immigrants believe that if they tell their side of the story to the immigration judges, they will be allowed to stay. However, if you received a Notice To Appear, the government believes you are deportable. That means you need someone who is knowledgeable enough to convince them otherwise.
A skilled immigration lawyer will make sure the immigration judge sees all important evidence and that your rights are protected.
Immigration Criminal Defense Attorneys
Being arrested for a crime is already a stressful experience. If you are an immigrant in the U.S., the threat of deportation makes the situation even more difficult.
Texas immigration criminal defense lawyers at the Piri Law Firm are committed to helping immigrants maintain their visas or green cards. We understand how criminal law and immigration law relate to each other and can defend your innocence while also fighting to keep you in the country.
We Can Protect Your Immigration Status
Not only can a criminal conviction get you deported, but it can also permanently bar your eligibility for citizenship and even prevent you from ever re-entering the country. Our criminal defense immigration lawyers in Los Angeles and the Bay Area know how much is at stake here. We spare no effort to protect our clients from the serious consequences of a criminal conviction.
Turn to Us for Your Immigration Needs
Regardless of your case’s situation in the immigration court, you should start working with an experienced immigration lawyer sooner rather than later. This way, you can save time, money, and effort rather than suffer the costs of a prolonged process.
If you decide to hire us as your legal representatives, we will inform you of your petition’s status every step of the way and help you determine your best options.
Contact our office today and get started on your new life with those you hold most dear.
Immigration Court FAQs
I have received a notice to appear. What should I do next?
A notice to appear is the first document you will receive once you are referred by the United States Citizenship and Immigration Services (USCIS). If you receive one, it means that you are in the United States illegally and that the government is seeking to deport you.
Talk to a lawyer if you have received a notice to appear. There may be several immigration options available that would allow you to remain in the United States.
Do I have to bring a lawyer to the first immigration hearing?
You should bring a lawyer with you to your initial immigration hearing. Given the complexity of immigration law issues, the court could even advise you to bring one.
Inform the immigration clerk that you have arrived at the courthouse. You can inform the court that you wish to retain legal counsel to defend you in the immigration process when your name is called. You can represent yourself, but the procedure is difficult and drawn out.
What happens if I don’t attend the immigration court hearing?
An immigration court may order your deportation if you fail to appear for your hearing. If a serious sickness or death prevented you from attending the hearing, you might be eligible to request a petition to reopen the case so that you might try to make things right with the aid of an immigration court attorney.
Call us today at (833) 600-0029 to schedule your appointment.
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