Frequently Asked Questions
Below are some frequently asked questions regarding the Immigration Court’s rules and practices. For further information on the topics presented or topics not covered in these frequently asked questions, please refer to the Immigration Court Practice Manual.
Q: What are the court's hours of operation?
A: The Immigration Court is open from 8:00 a.m. to 5:00 p.m. Filings
are accepted at the 4th floor filing window, Room 404. The filing hours are
8:00 a.m. to 11:30 a.m. and 12:30 p.m. to 4:00 p.m.
Q: How do I find my courtroom
at the Cabell Federal Building?
A: Immigration courtrooms are located on the 4th floor
of the building. Once on the 4th floor, you will immediately see a sign for
the Immigration Court. Head toward the direction of the sign and look for the
scheduling board located in the main waiting room. There you will find the court
calendars posted. These calendars contain the names and case numbers of everyone
who is scheduled for a hearing that day, as well as the name of the Immigration
Judge presiding over your case. There are four courtrooms accessible from the
waiting room. Once you have located your name on the scheduling board, proceed
to the appropriate courtroom for your hearing. If you do not find your name
on the scheduling board, go directly to the main window on the 4th floor and
ask the clerk for assistance.
Q: What do I do if I am attending a hearing for a
family member or friend who is being detained in jail?
A: The Dallas court conducts detained hearings in two different
manners either via video teleconferencing or in-person. If the alien is detained
in a jail in Oklahoma, the family members or friends can attend these hearings
in person at the court in Oklahoma City. If the alien is detained in a Texas
facility and the hearing is scheduled for a video hearing, the family members
or friends should contact the court to determine whether they can attend the
hearing at the Dallas Immigration Court or at the facility where the alien is
being detained as it depends on the rules of the individual detention center.
Q: What do I do when
I arrive at my courtroom?
A: If you are there for your first hearing, which is called a
master calendar hearing, you will encounter many other people in that room who
are also scheduled for a hearing. Have a seat and wait for the court to call
your case.
Q: What if I don't have
a lawyer with me?
A: YOU MUST COME TO YOUR HEARING ANYWAY. If this is your first
master calendar hearing, and you do not have a lawyer, the Immigration Judge
will allow you an opportunity to obtain a lawyer at your own expense. A List
of Free Legal Service Providers is available at the Dallas Immigration Court
and on this home page. For those individuals who can not afford a lawyer, this
list may assist you in obtaining legal representation.
Q: Do
I have to have a lawyer?
A: No. You may elect to proceed without a lawyer if you choose
to do so. However, the Department of Homeland Security will have a lawyer
present to represent them.
Q: Will there be an interpreter
present if I don't speak English?
A: At your first master calendar hearing, a Spanish speaking interpreter
will be available to translate for you. If you need an interpreter for another
language, the Immigration Judge may use a telephonic interpreter or may have
to adjourn your case in order to obtain an interpreter. After your first hearing,
the Court will ensure that a court interpreter in your native language is available.
Q: How do I notify the court if I change my address
or move out of the state?
A: Whether represented or not, aliens in proceedings before the
Immigration Court must notify the Immigration Court within 5 days of any change
in address or telephone number, using the Alien’s Change of Address Form
(Form
EOIR-33/IC).
Q: How do I ask for a change of venue?
A: If you move to another residence and want you case heard at
a different court, you or your representative may request a “Change of
Venue” from the Immigration Judge. However, until the Immigration Judge
grants your request for a change of venue, you are required to appear at all
scheduled hearings before the court. You or your legal representative should
file the request for a change of venue through a written motion.
Q: Are telephonic hearings permitted?
A: In certain instances, respondents and representatives may appear
by telephone at some master calendar hearings, at the Immigration Judge’s
discretion. If the request for a telephonic hearing is approved, and if the
hearing is scheduled between the hours of 8:30 a.m and 12:00 p.m. CST, the representative
must be available at the number he/she provided the court for the entire time
(8:30-12:00) until the Judge calls them. If the hearing is scheduled between
the hours of 12:00 p.m. and 5:00 p.m. CST, the representative must be available
at the number he/she provided the court for the entire time (12:00-5:00). Should
a request for telephonic hearing be denied, then the court will advise the legal
representative. If the court has not ruled on the request by the time of the
scheduled hearing, or the request is denied, the respondent and his legal representative
are required to appear in person at the hearing.
Q: Will my application require a
fee?
A: With the exception of asylum applications, most applications
for relief require a fee. Please see the standard
fee schedule for details. The regulations provide that if you are unable
to afford the fee for an application -- cancellation of removal, for example
-- you can request a waiver from the Immigration Judge. The procedures for requesting
a fee waiver can be found by clicking
here.
Q: Where do I pay fees for applications?
A: The Immigration Court does not accept any filing fees associated
with applications for relief. All application fees must be paid to the Department
of Homeland Security. The office for the Department of Homeland Security in
Dallas, Texas is located at 8101 N. Stemmons Freeway, Dallas, Texas 75247. Written
application forms should never be left with the Department of Homeland Security.
Once the application fee has been paid, the application must filed with the
Dallas Immigration Court at 1100 Commerce Street, Suite 404, Dallas, Texas 75242.
You must file proof of payment of the application fee at the time of filing
the application which can be in the form of the 797-C receipt or “grocery
store-type” receipt or a motion for a fee waiver if you are unable to
pay the fee and are requesting a waiver from the court.
Q: Can I fax motions and applications to the court?
A: No, facsimile (fax) filings are not acceptable. With the exception
of asylum applications which must be filed during a court hearing, the Immigration
Court will accept regular submissions by mail or in person filings through the
filing window in advance of the scheduled hearing.
Q: Do I have to give a copy of my filing with the Immigration Court
to anyone else?
A: For all filings before the Immigration Court, a party must
provide, or “serve,” an identical copy of that filing on the opposing
party (or, if the party is represented, the party’s representative). Except
for filings served during a hearing or jointly-filed motions agreed upon by
all parties, you must declare in writing that a copy has been served. This written
declaration is called a “Proof of Service,” or “Certificate
of Service.”
Q: What will happen at my hearing?
A: Whether you proceed on your own or with a legal representative,
the Immigration Judge will advise you of your rights. You will have an opportunity
to obtain a legal representative at no expense to the government; to make an
appeal; to present evidence; to testify and have witnesses testify; to examine
and object to the government's evidence; to cross examine witnesses presented
by the government. You will have an opportunity to plead to the allegations
and all charges. If removability is not conceded, the Immigration Judge will
conduct a hearing to determine the issue of removability. If removability is
established, the Immigration Judge will advise you of any potential relief and
allow you the opportunity to submit the appropriate applications for such relief.
Q: What will happen at the conclusion
of my hearing?
A: The Immigration Judge will enter a decision in your case which
may be oral or written. If oral, it will be presented at the conclusion of your
hearing. If written, it will be sent to you in the mail. Either way, the decision
shall contain the Immigration Judge's findings of facts, conclusions of law,
and any reasons for granting or denying relief. You will have the opportunity
to appeal this decision if you so choose. If you wish to appeal, Form
EOIR 26 (Notice of Appeal) should be filed within 30 days with the Board
of Immigration Appeals.
Q: How do I make an appeal?
A: The Notice of Appeal (Form
EOIR 26) must be written in English and received by the Board of Immigration
Appeals at 5201 Leesburg Pike, Suite 1300, Falls Church, Virginia 22041 within
30 days of the Immigration Judge's decision you are appealing.
Q: What will happen if
I leave the country while my case/appeal is pending?
A: Under most circumstances, if you depart the United States after
filing an appeal, but prior to the decision on your appeal, your departure will
be deemed a withdrawal of your appeal. Thereafter, the Immigration Judge's decision
will become final. If your case is pending before the Immigration Court, you
should consult with your legal representative, or if you do not have a legal
representative, consult with the Department of Homeland Security before
you make a decision regarding whether or not you should depart from the United
States.
Q: Is the Court open during inclement weather?
A: In extremely inclement weather, you should call the court prior
to your hearing. The telephone number is 214-767-1814. If the court will delay
in opening or will be closed due to the inclement weather, please check with
local TV station Channel 11/21 KTVT/KTXA for information and Channel 4 Fox KDFW.
If you are represented, please contact your legal representative who will have
access through the AILA Liaison of any court delays or closures due to inclement
weather.