Frequently Asked Questions
Q. What is the
Downstate Correctional
Facility
Telephone: (845) 831-3657
Q. What are the Court's hours of operation?
A. Monday through Thursday from 7:30AM - 5:00PM,
Friday 7:30AM - 4:00PM.
Q. On which dates is your court closed?
A. Click here to view all of the observed Federal
Holidays on which our court is closed.
Q. Can I request that an attorney be appointed for me? I have no money or have been unable to locate
one willing to do the case.
A. Immigration proceedings are civil matters.
Persons appearing in immigration court may be represented at no expense to the
government. This means that you have the right to be represented, but not to
have an attorney appointed. You must obtain representation on your own or with
the assistance of family or friends. Each immigration court maintains a List of Free Legal Service Providers
containing information on organizations willing to represent individuals in
immigration proceedings without charge.
Q. Can I have my case
transferred to another court that is closer for my family, friends and attorney?
A. Not unless you are released from corrections
custody before your immigration hearing is completed. The
Q. Can I request/receive a Bond hearing?
A. Bond hearings are not available to respondents
in corrections custody because the
Q. Are there any documents that I should bring to my hearing?
A. Yes, you should bring your copy of the NTA
(Notice to Appear) and any other documents you have received from the Department
of Homeland Security (DHS). If your criminal conviction is on appeal, or if
you or your parents are citizens of the
Q. The respondent doesn't speak/understand English. Will there be an
interpreter there to translate?
A. Yes, the court will order an interpreter
for the hearing. If an interpreter is needed for someone else testifying on
behalf of the respondent please request this from the court in writing at least
ten (10) days prior to the hearing. The
request must state what language the witness speaks and understands best. If the respondent is represented, the court
will only accept information from the attorney or representative of record.
Q. What is the proper procedure for sending documents/motions to the
court?
A. If
the respondent is represented, the court will only accept filings from the attorney or representative of record.
Originals should be sent to the court and a copy to the DHS Deputy Chief
Counsel’s Office (
Q. Where do I pay fees for applications?
A. The
The
DHS Assistant Chief Counsel in your case will provide specific information about
these locations. You can also obtain
this information from:
See "Immigration
Benefits in EOIR Removal Proceedings"
Q. Can I obtain information on my family member/friend's case?
A. The court will only release information to
the respondent, or the respondent's attorney of record. Basic information, such
as the next hearing date, is available 24 hours a day, 7 days a week on our
automated phone line at 1-800-898-7180. Note that you must have the case assigned
alien number to obtain information.
Q. How do I obtain information/documents that fall under the Freedom
of Information Act?
A. You can visit the EOIR FOIA
Page which includes an electronic reading room, the address at which
you request information and much more.
Q. May I attend my relative/friend’s hearing and if so what are the
procedures?
A. Yes.
See Security Procedures.
Please be aware that most master calendar hearings are conducted by video
conferencing. Respondents at these hearings
remain in the facility where they are housed and will not be physically present
in the courtroom. Because the courtroom
is small, the judge may limit the number of persons attending any hearing.
Q. I have requested a gate clearance, do I need to bring ID?
A. Yes, Photo Identification is required.
Q. What is acceptable proof of identification?
A. A driver's license or non - drivers photo
ID, Alien Registration card, or other photo ID issued by a government entity.
Q. Is there any form of public transportation to the court?
A. Take the
Taxis can be taken from the Beacon station to the facility. Be sure to specify that you are going to the Downstate Correctional Facility (sometimes confused with the nearby Fishkill Correctional Facility).
Q. Will I be allowed to talk/visit with my family member/friend on
the day of the hearing?
A. Only the attorney is permitted to meet privately
with the respondent. Physical contact is not permitted (kissing, handshakes,
hugging). All inmate contact is subject to the facility rules and regulations
and will be determined by the assigned corrections officer. The court does not
have jurisdiction over visitations. Please contact the state corrections facility
for their policies and procedures.
Q. The weather report says it’s snowing north of the
city. Should I still come?
A. Call the court at the number listed above.
If court is closed or delayed, an announcement of that information will
be played.
Q. What happens if the respondent is
ordered deported or removed from the
A. The court has no jurisdiction over the
terms and conditions of incarceration. These issues are with the authority of
the Department of Correctional Services and the Division of Parole. The respondent
should contact the Parole Officer at his facility for information.
Q. How do I appeal the Immigration Judge's decision?
A. Click here for Board of Immigration Appeals Information
regarding Appeals and Motions.
Q. What if the respondent is released from New York State Department
of Correctional Services custody before the Judge makes a determination in their
case?
A. In most cases the Department of Homeland
Security will then take the respondent into their custody and the respondent's
hearing will then be rescheduled at a new location.