How to Navigate the Dallas Immigration Court System? The Dallas immigration court has the most considerable backlog in Texas. On average, it takes immigrants nearly three years to see their case resolved.
Lawyers and immigrants crowd into the Earle Cabell Federal Building’s immigration courtrooms. People lug heavy cases and carts full of legal books, files, and hand sanitizer.
A slim man named Jeong-Seok Kang sits nervously at a wooden table before Judge Deitrich Sims. He is in removal proceedings for overstaying his visa.
How to Get Help
The Dallas immigration court system is notoriously difficult to navigate. The court is understaffed and overwhelmed by huge caseloads. As a result, judges are forced to reschedule hearings. In addition, locating interpreters for immigrants who speak rare languages is often difficult.
To find out information about your case, call the EOIR hotline and follow the automated instructions. The recorded data is in English and Spanish.
You can also ask to speak with a judge’s law clerk. They can answer questions about filing requirements and other procedural matters.
However, it is essential to understand that law clerks are not immigration judges, and they cannot provide legal advice. For this reason, it is best to consult an attorney before calling the EOIR hotline. The same is true for FOIA requests to EOIR. FOIA requests can take months to process. Therefore, you should make your request before your hearing date.
What to Expect
Getting to immigration court can be daunting. First, check your documents for a Notice to Appear (NTA). The NTA will list the date and location of your first hearing. You must attend this hearing to ensure that your case is progressing.
At an individual hearing, you will share your story with the immigration judge and government attorney. The judge will ask questions and make decisions based on your case.
During these hearings, you must maintain six feet of distance from people with whom you do not live. Elevator wait times may be longer than usual due to social distancing requirements. Also, do not switch seats if instructed to sit in a specific area. It is best to arrive early to your hearing. Having a lawyer can speed up the process and avoid unnecessary delays. They can also help you navigate pitfalls that could hurt your case, such as missing your first hearing or accepting a plea deal.
Expedited Processing
The Immigration Court system is overseen by the Executive Office of Immigration Review, a subagency of the Department of Justice. The courts are open to the public, and hearings address violations of immigration law. Judges can either grant asylum or order the removal of non-US citizens.
Dallas has a large backlog of cases, and some judges have low asylum grant rates. Immigration judge Deitrich Sims, for example, has the highest denial rate of any Immigration Court judge.
Attorneys working for clients can request expedited processing through the EOIR online system. In most cases, the request must demonstrate severe harm or a fundamental interest that an average wait cannot meet. Examples include an employer who can show that losing the ability to hire noncitizen workers will cause a significant loss of business or result in a serious threat to safety and security.
Asylum-seekers can also contact their members of Congress to ask for assistance. Lawfully developed a tool to help them do this.
FOIA Requests
Immigration court cases can take a long time to resolve. Texas has the worst backlog of immigration cases, and it takes an average of more than three years for a case to be resolved in Dallas, according to the state’s Department of Justice.
The EOIR’s website lists the addresses of immigration courts across the country. The website also includes information about contacting each immigration court’s office, including phone numbers and mailing addresses.
If you want to request government immigration files on a respondent, you can do so through the Freedom of Information Act (FOIA). The law allows 20 working days from when EOIR receives your letter to provide you with a response.
In response to guidance from public health officials, the Dallas immigration court has put procedures for people attending hearings into place. You must follow the instructions that presiding immigration judges may give, such as wearing face masks in the courtroom. If you have a medical condition that prevents you from wearing a mask, you must alert the judge.