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Frequently Asked Questions

 


Q. What is the Ulster Immigration Court's mailing address and telephone number?
A.
The Ulster Immigration Court address and telephone number is:

Immigration Court  (Click here for directions.)
Ulster Correctional Facility
Berme Road
, PO Box 800
Napanoch, NY 12458

Telephone number: (845) 647-5506


Q. What are the Court's hours of operation?
A.
Monday through Friday from 7:30AM - 5:00PM.

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.

 At this time no organizations have agreed to provide free representation at the Ulster Immigration Court.

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.

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.
Bus service to Ellenville is available from:

Greyhound(Prepaid ticket order) - Phone: 1-800-229-9424
Adirondack Trailways - Phone: 1-800-225-6815
Shortline - Phone: 1-800-631-8405

Taxis can be taken from Ellenville to the 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.


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