The Downstate Immigration Court falls under the jurisdiction of the Office of the Chief Immigration Judge which is a component of the Executive Office for Immigration Review under the Department of Justice.
Our court has made a commitment to provide access to information through the Internet in order to service the needs of the public.
Our goal is to provide the most current and accurate information available to those needing to appear before an Immigration Judge and to provide this information in a user-friendly fashion.
Please note: The U.S. Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR) are separate organizations.
|About the Court|
The Downstate Immigration Court is located within a facility of the New York State Department of Correctional Services (NYSDOCS). The mission of the court is to conduct immigration hearings for aliens in the custody of NYSDOCS pursuant to criminal conviction(s) in New York State. The court schedules such hearings upon receipt of charges filed by the Department of Homeland Security, Immigration and Customs Enforcement (DHS/ICE). The court does not have jurisdiction over the terms or conditions of an inmate's incarceration. The court does not have jurisdiction over the inmate's criminal case.
To contact the Court, call 845-838-5700. For information after hours regarding application deadlines or hearing dates and times, call the Immigration Court's automated system at 1-800-898-7180.
Downstate Immigration Court
is located within a facility of the New York State Department of Correctional
Services (NYSDOCS). The address is:
Downstate Correctional Facility
121 Red Schoolhouse Road
Fishkill, NY 12524
All visitors, including attorneys, are subject to NYSDOCS' security rules and screening. "Gate Clearances" are required to enter the facility. The court will assist you in obtaining a gate clearance if you notify us in writing at least ten (10) days prior to the hearing. Please list the name of each person who wishes to attend the hearing and their relationship to the respondent (examples are: friend, mother, etc.). Also list the respondent's name and alien number (A#) and the telephone number of at least one of the attendees so that we may contact you in the event the hearing is postponed. Failure to follow this procedure may result in denial of admission to the facility. For attendees under the age of 18, please contact the prison directly for guidance.
On the day of the hearing please make sure that you bring photo identification for each person who will be attending the hearing. Plan to arrive at least 30 minutes prior to the scheduled start of the hearing to ensure sufficient time for security screening.
All persons must be dressed appropriately (inappropriate attire includes see-through clothing, bare midriffs or backs, plunging necklines, short shorts/skirts, etc). Items prohibited from the facility include prescription drugs, cell phones, beepers, glass bottles or anything deemed a potential weapon. Briefcases, purses, and other bags will be searched. All visitors must pass through a metal detector and are subject to a search of their person as a condition of admittance.
Following are directions to the Downstate Immigration Court - Fishkill, New York. For your convenience, we have also provided a link to a free mapping service.
|Frequently Asked Questions|
Q: What is the Immigration Court's mailing address and telephone number?
A: Immigration Court
Downstate Correctional Facility
121 Red Schoolhouse Road
Fishkill, New York 12524
Q: What are the Court's hours of operation?
A: Monday through Thursday from 7:30 a.m. - 5:00p.m., Friday 7:30 a.m. - 4:00 p.m.
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 Immigration Court does not have the authority to change the terms and conditions of incarceration.
Q: Can I request/receive a Bond hearing?
A: Bond hearings are not available to respondents in corrections custody because the Immigration Court does not have the authority to change the terms and conditions of incarceration. If the respondent completes his sentence before his immigration case is completed, and he is taken into DHS custody, he may then request a bond hearing from the Immigration Court having jurisdiction over the place of detention. Note that in many cases criminal convictions may deem a respondent ineligible for release on bond even after completion of the criminal sentence.
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 United States, bring evidence of this. At your initial hearing, the judge will advise you of which other papers should be brought to your next hearing.
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 (P.O. Box 606, VA Complex Bldg. 7, Castle Point, NY 12511).
Please include a Certificate of Service indicating to whom you sent the copies, when you did so, and by what means they were sent. All correspondence should have the A# (Alien Number) written on it.
Q: Where do I pay fees for applications?
A: The Immigration Court is not authorized to accept fees directly. Fees must be paid to designated DHS/CIS locations before your application is filed with the court. A copy of the fee receipt, or a request for waiver of the fee, must accompany the application.
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 Hudson Division Metro North rail service to the Beacon station.
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 United States? Does the respondent have to finish his sentence before he is deported?
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.
Please read our Privacy and Security Notice
Updated August 2012