INITIAL HEARING - PRO SE
INTRODUCTION
To the respondent through the interpreter, what language
do you speak and understand best? [if not English] These proceedings
will be interpreted today in the [name] language.
This is an initial [removal] [deportation] [exclusion]
hearing before Immigration Judge (Name of Judge) in (City, State)
on [date], in the matter of [name], case number A [number].
APPEARANCES
The respondent is appearing pro se. Counsel for the
government, please state your appearance for the record.
The interpreter today is [name]. Can you hear the
interpreter clearly through the headphones? Do you understand the
interpreter? If at any time, you have difficulty understanding the
interpreter, please let me know immediately.
[if EOIR employee] [name] is the official interpreter
for the Immigration Court who will be providing simultaneous
interpretation into the [name] language, and need not be sworn in.
[if not EOIR employee] To the interpreter, do you
swear or affirm that you are competent to translate from English to
[language] and from [language] to English, and that you will do so
accurately and completely?
To the Respondent, the Government asserts that you
are in the US in violation of law. The purpose of the hearing is to
determine whether you are an alien and, if so, if you are in the US
in violation of law. The Court must determine whether there any provision
of law that would permit you to remain in the US permanently and,
if that if not possible, whether you will be leaving the US under
an order of removal or an order of voluntary departure. These questions
will be answered after hearing all of the facts of the case.
OATH
To the respondent, Sir/Madam, would you be willing
to swear an oath to tell the truth?
Yes - please stand and raise your right hand. Do
you swear that the testimony you will provide in these proceedings
will be the truth, the whole truth, and nothing but the truth?
No - please stand and raise your right hand. Do you
affirm that the testimony you will provide in these proceedings will
be the truth, the whole truth, and nothing but the truth?
BIOGRAPHICS
Please state your full and true name for the record.
Where do you currently live?
Same - You are being provided with a blue change
of address form. If you do move at any time during these proceedings,
you must complete a change of address form and file it with the court
within five days of moving. Do you understand?
Different - Please complete two blue change of address
forms and complete them at this time. Please provide one to the court
clerk and the other to the government attorney. Please take an additional
blue change of address form with you. If you move again at any time
during these proceedings, you must complete a change of address form
and file it with the court within five days of moving. Do you understand?
SUMMARY
The purpose of these proceedings is to determine
whether or not you should be allowed to remain in the United States.
Do you understand?
You have the right to be represented during these
hearings by an attorney or qualified representative at your own expense.
The government cannot provide you with an attorney or qualified representative.
The court clerk is providing you with a legal aid list of individuals
and organizations that may be able to represent you at little or no
cost. Do you understand?
Do you want time more time to get a lawyer or representative
to help you in these proceedings?
CONTINUE
Yes - Because you have stated that you want time
to locate an attorney, I will continue your case to [date] at [time].
I encourage you to use the legal aid list. If the first organization
cannot help you, please contact the second organization until you
find one that can help you. Do you understand? If you cannot find
or afford an attorney or organization to represent you, be prepared
to speak for yourself at the next hearing. Do you understand?
I want to warn you that you may encounter unscrupulous
individuals, in fact, some may be outside in the halls of this building,
that present themselves as notarios that can help you in these proceedings.
These individuals are not attorneys, and they may not represent you
in this court. If a person says that he or she can represent you and
you are not certain that they are an attorney, ask to see proof that
they can represent you in this court. If someone agrees to represent
you in these proceedings, be sure to get that person’s business
card. If you pay that person any money to assist you in these proceedings,
be sure to get a receipt for any money you have paid. Finally, you
should get a written description of what that person will do for you
during the course of their representation. Do you understand everything
I have said to you?
WAIVER OF RIGHT TO COUNSEL
No - Does that mean that you want to do your immigration
case yourself right now?
Yes - Because you have stated that you do not wish
to continue this hearing to try to find an attorney, do you understand
that you will be required to represent yourself in these proceedings?
Do you understand that you will be required to plead
to the allegations and charge of law contained in the Notice to Appear?
Do you understand that the decisions you make here
today may affect the outcome of your case?
Do you acknowledge that you are making this decision
of your own free will, and that you have not been coerced in anyway
to forego your right to representation?
Do you still want to proceed today, without the assistance
of an attorney or qualified representative, and represent yourself
in this hearing?
I find that the respondent’s waiver of his
right to an attorney has been given knowingly and voluntarily, and
the court will proceed with this hearing.
[PROCEED TO CONTINUED HEARING SCRIPT - PRO SE]
NOTICE AND RIGHTS
The clerk is providing you with the only written
notice you will receive of the next hearing. The clerk is also providing
you with an advisal of your rights.
You must return here on [date] at [time]. Please
arrive early. If you do not appear at the next hearing as ordered
you will be ordered deported and removed from the United States, unless
you can show that your absence was caused by exceptional circumstances
beyond your control. Exceptional circumstances are defined as a serious
illness or death of an immediate family member.
If you are ordered removed, any applications for
relief you may have pending before this court will be deemed abandoned
and will be denied. Additionally, you will become ineligible for certain
forms of relief, such as voluntary departure, cancellation of removal,
adjustment of status, or change of status for a period of ten years.
Do you understand everything I have said to you today?
Do you have any questions about anything I have told you today?
Anything from the government?
There being nothing further, this matter is continued
to the date and time indicated on the notice provided to the parties.
Thank you.
INITIAL HEARING
ATTORNEY/ REPRESENTATIVE
INTRODUCTION
To the respondent through the interpreter, what language
do you speak and understand best? [if not English] These proceedings
will be interpreted today in the [name] language.
IF CONTINUED
To the respondent through the interpreter, you indicated
at a prior hearing that [name] is the language that you speak and
understand best? Do you want to proceed with this hearing in [name]?
These proceedings will be interpreted today in the [name] language.
This is a [continued/initial] [removal] [deportation]
[exclusion] hearing before [Immigration Judge] on [date], in the matter of [name], case number A [number].
This case has been reassigned to me, and I want to
assure the parties and state for the record, that I have familiarized
myself with the record in this case as required by regulation.
APPEARANCES
The respondent is present in court and represented.
Counsel, please state your appearance for the record.
LANGUAGE
The interpreter today is [name].
Can you hear the interpreter clearly through the
headphones? Do you understand the interpreter? If at any time, you
have difficulty understanding the interpreter, please let me know
immediately.
[If EOIR employee] [name] is an official interpreter
for the Immigration Court who will be providing simultaneous
interpretation into the [name] language, and need not be sworn in.
[If not EOIR employee] To the interpreter, do you
swear or affirm that your are competent to translate from English
to [language] and from [language] to English, and that you will do
so accurately and completely?
OATH
To the respondent, please stand and raise your right
hand. Do you swear that the testimony you will provide in these proceedings
will be the truth, the whole truth, and nothing but the truth, so
help you God?
If won’t swear - please stand and raise your
right hand. Do you affirm that the testimony you will provide in these
proceedings will be the truth, the whole truth, and nothing but the
truth?
PURPOSE
Please state your full and true name for the record.
The purpose of these proceedings is to determine
whether or not you should be allowed to remain in the United States.
The attorney seated next to you has entered an appearance
in your case. Do you want him/her to represent you in these proceedings?
ADDRESS
Where do you currently live?
Same - You are being provided with a blue change
of address form. If you do move at any time during these proceedings,
you must complete a change of address form and file it with the court
within five days of moving. Do you understand?
Different - Please complete two blue change of address
forms and complete them at this time. Please provide one to the court
clerk and the other to the government attorney. Please take an additional
blue change of address form with you. If you move again at any time
during these proceedings, you must complete a change of address form
and file it with the court within five days of moving. Do you understand?
PLEADINGS
Counsel, I have a charging document in the name of
your client dated [date].
Does he/she waive a formal reading of his/her rights
in these proceedings?
Does your client concede that he/she is the person
named therein and that he/she has been properly served?
Does your client waive a full and complete reading
of the charges against him/her?
I will mark and admit the NTA as Exhibit 1 in the
record.
Are you ready to plead on behalf of your client?
If not served, have DHS attorney serve it.
Do you now acknowledge service of the NTA? Do you
need additional time to prepare before pleading to the NTA?
I will mark and admit the NTA as Exhibit 1 in the
record.
How does your client plead to the [number] factual
allegations and the [number] charge(s)?
FINDING
On the basis of these admissions and concession of
the charge(s), I find that the Respondent is removable [deportable/excludable]
as charged.
DESIGNATION
Does your client wish to designate a country of removal
should removal become necessary?
No - Does the government have a recommendation?
The court designates [name] as the country of removal
should removal become necessary.
APPLICATIONS
Counsel, what forms of relief from removal, if any,
does your client seek?
ASYLUM
Counsel, I have an asylum application dated [date],
which was referred to the court by DHS. Will the Respondent be relying
on that application?
Sir/Madam, I am providing you with a frivolous asylum
warning in writing at this time. This warning tells you that, if you
knowingly file a frivolous asylum application, you will be forever
barred from receiving any benefits under the Act. A frivolous asylum
application is one which contains statements or responses to questions
that are deliberately fabricated. Not being granted asylum does not
mean that your application is frivolous. Do you understand?
Knowing that, if I find you knowingly filed a frivolous
asylum application you will be barred from any relief forever, do
you want to file for asylum?
OTHER APPLICATIONS
Counsel, are you prepared to file the applications
for relief at this time?
Yes - Please serve a copy on government counsel.
REVIEW APPLICATION TO DETERMINE IF IT IS COMPLETE.
IF NOT COMPLETE, RETURN AND RESET FOR FILING
No - Any additional applications for relief must
be filed in court on [date] at [time]. At that hearing, I will review
the supplemental documents and, assuming they are complete and in
compliance with the local rules, will schedule a hearing on the merits.
Please have an additional copy of any document to serve on government
counsel. This deadline must be met and if it is not, the remedy will
he deemed abandoned and the respondent shall lose the right to apply
for such relief.
Counsel, how much time do you need to supplement
the application?
Yes - I will continue this matter so that you may
submit any supplemental filings in court on [date] at [time]. At that
hearing, I will review the supplemental documents and, assuming they
are complete and in compliance with the local rules, will schedule
a hearing on the merits. Please have an additional copy of any document
to serve on government counsel.
Additionally, if you intend to call additional witnesses,
other than the Respondent, I expect you to file a witness list at
the next hearing. The witness list should indicate whether the witness
requires the aid of interpreter and, if so, the language that will
be used.
No - Counsel, are you saying that this application
is complete and that you will not be filing any additional documents
before the merits hearing? Has your client submitted the necessary
fingerprints and other information for the biometric checks?
Does government counsel want to see the originals
of any documents submitted by the respondent?
Yes - Does the respondent have the originals in court?
No - then reset code 21.
Yes - Does government counsel want to retain these
originals for forensic examination or have the respondent bring the
documents on the date of the merits hearing?
If retain - Does respondent’s counsel have
any objection to DHS retaining the originals?
Let the record reflect that the originals were retained
by TA [name]. Warn TA that if the originals are not in the government
file at the merits hearing, the exhibits may be admitted.
BIOMETRICS
Government counsel, are biometrics necessary? Please
provide respondent with the written instructions regarding the biometric
requirements.
Let the record reflect that government counsel is
providing the respondent with the biometrics instruction form. To
the respondent, sir/madam, it is essential that you comply with the
instructions provided on this form, whether you do this with the assistance
of your attorney or not. At least 60 days before the next hearing,
you must have complied with all the requirements listed on this form.
If you fail to do so, I may deny your application. Do you understand?
OTHER ISSUES
Are there any issues related to voluntary departure?
Counsel, how much time do you estimate will be required
for the merits hearing?
I will reset this matter for a hearing to file the
applications for relief on [date] at [time]. This is the court’s
first available day.
Is this date and time agreeable to both parties?
PREPARATION FOR HEARING
To the respondent. Sir/Madam, your matter has been
set for hearing on the merits of your applications. Although you are
represented by counsel, I want to advise you that, at the next hearing,
you must bring any witnesses that you intend to present in support
of your applications. Do you understand?
You must also bring the original of any and all documents
that you intend to present to the court for consideration. If any
document you bring to court is in any language other than English,
then you must have the document translated into English. You must
also have the person who translated the document complete a certificate
stating that provides his or her name, the fact that he or she is
competent to translate from the language of the document into English,
and that the translation is true, complete, and accurate. Finally,
you must have two copies of any and all documents you intend to introduce,
one for the court and one for the government. Do you understand?
RIGHTS
During these proceedings, you have the right to examine
and object to any evidence presented by the government. You also have
the right to examine and question any government witnesses. The government
attorney will have an opportunity to question you at the hearing,
and challenge any documents or witnesses you may present. Additionally,
the court may have questions of you or your witnesses. Do you understand?
NOTICE AND RIGHTS
The clerk is providing you with the only written
notice you will receive of the next hearing. The clerk is also providing
you with an advisal of your rights.
You must return here on [date] at [time]. Please
arrive early. If you do not appear at the next hearing as ordered
you will be ordered deported and removed from the United States, unless
you can show that your absence was caused by exceptional circumstances
beyond your control. Exceptional circumstances are defined as a serious
illness or death of an immediate family member.
If you are ordered removed, any applications for
relief you may have pending before this court will be deemed abandoned
and will be denied. Additionally, you will become ineligible for certain
forms of relief, such as voluntary departure, cancellation [or suspension]
of removal, adjustment of status, or change of status for a period
of ten years.
Do you understand everything I have said to you today?
Do you have any questions about anything I have told you today?
Anything from either party?
There being nothing further, this matter is continued
to the date and time indicated on the notice provided to the parties.
Thank you.
CONTINUED HEARING - PRO SE
INTRODUCTION
To the respondent, what language do you speak and
understand best?
That is the language you designated at the last hearing,
and these proceedings today will be interpreted in the [name] language.
This is a continued [removal] [deportation] [exclusion]
hearing before [Immigration Judge] in [city] on [date], in the matter of [name], case number A [number].
APPEARANCES
The respondent is appearing pro se. Counsel for the
government, please state your appearance for the record.
LANGUAGE
The interpreter today is [name]. Can you hear the
interpreter clearly through the headphones? Do you understand the
interpreter? If at any time, you have difficulty understanding the
interpreter, please let me know immediately.
[if EOIR employee] [name] is an official interpreter
for the Los Angeles Immigration Court who will be providing simultaneous
interpretation into the [name] language, and need not be sworn in.
[if not EOIR employee] To the interpreter, do you
swear or affirm that your are competent to translate from English
to [language] and from [language] to English, and that you will do
so accurately and completely?
OATH
To the respondent, Sir/Madam, would you be willing
to swear an oath to tell the truth?
Yes - please stand and raise your right hand. Do
you swear that the testimony you will provide in these proceedings
will be the truth, the whole truth, and nothing but the truth?
No - please stand and raise your right hand. Do you
affirm that the testimony you will provide in these proceedings will
be the truth, the whole truth, and nothing but the truth?
BIOGRAPHICS
Please state your full name for the record.
Where do you currently live?
Same - You are being provided with a blue change
of address form. If you do move at any time during these proceedings,
you must complete a change of address form and file it with the court
within five days of moving. Do you understand?
Different - Please complete two blue change of address
forms and complete them at this time. Please provide one to the court
clerk and the other to the government attorney. Please take an additional
blue change of address form with you. If you move again at any time
during these proceedings, you must complete a change of address form
and file it with the court within five days of moving. Do you understand?
SUMMARY
Mr/Mrs [name], at your last hearing, I continued
this matter to today’s date to provide you an opportunity to
find an attorney or qualified representative to represent you in these
proceedings. Do you have an attorney or representative with you today?
No - What attempts have you made to try to find an
attorney to represent you in these proceedings? [If reasonable attempts
made, find good cause and offer an additional period of time]
[If no further continuances will be granted] Sir/Madam,
at the last hearing, I advised you that you should be prepared to
represent yourself at today’s hearing. You have come here today
without an attorney, and I do not find that you have made reasonable
attempts to secure representation. Therefore, we will proceed and
you will represent yourself during these proceedings. Do you understand?
PLEADINGS
The purpose of this hearing is to determine whether
or not you should be allowed to remain in the United States. The Department
of Homeland Security states that you do not have a legal reason to
remain in the United States. Do you understand?
During these proceedings, you have the right to examine
and object to any evidence presented by the government. You also have
the right to examine and question any government witnesses. The government
attorney will have an opportunity to question you at the hearing,
and challenge any documents or witnesses you may present. Additionally,
the court may have questions of you or your witnesses. Do you understand?
The government filed with this court a document called
a Notice to Appear, which is dated [date]. On page five of this document,
the government states that it served you with a copy of this document
on [date] by [means of service]. Did you receive a copy of this document?
No - I will show you the court’s copy. Do you
remember receiving this Notice to Appear?
[If not served, have DHS attorney serve it]
I will mark and admit the NTA as Exhibit 1 in the
record.
At this time, we will discuss the government’s
allegations and charges in the Notice to Appear.
The government charges that you are subject to removal
because you are an alien [CHARGE].
In support of this charge, the government makes the
following allegations:
First, are you a citizen or national of the United
States?
Second, you are a citizen and national of [country]?
Third [etc]
Fourth [etc].
The government charges you with removal from the
United States under section [number] of the Immigration and Nationality
Act, in that [describe]. Do you agree that you may be removed because
of the reason I just stated?
On the basis of your admissions and concession of
the charge of removability, the court finds that you are removable
as charged in the NTA.
If I find you must be removed, you have the right
to designate a country where you would be sent in the event you cannot
remain in the United States. You should not choose a country where
you are afraid to be sent. Do you want to choose a country where you
would be sent?
No - Does the government have a recommendation?
The court designates [name] as the country of removal
should removal become necessary.
RELIEF
Mr/Mrs [name], I will now ask you some questions
to determine what forms of relief from removal, if any, may be available
to you.
Sir/Madam, where were your grandparents born? Where
were your parents born? Are either of your grandparents or parents
lawful permanent residents or citizens of the United States?
Have you ever been a lawful permanent resident of
the United States?
Has anyone filed a visa petition for you?
Government counsel, do you have any information in
the government file that would show statutory ineligibility for relief?
ASYLUM
Or [if file contains I-589] - Sir/Madam, I have an
asylum application, which was referred to the court by DHS. Do you
want to renew this application for asylum in court?
Yes - This application is dated [date].
Sir/Madam, I am providing you with a frivolous asylum
warning in writing at this time. This warning tells you that, if you
knowingly file a frivolous asylum application, you will be forever
barred from receiving any benefits under the Act. A frivolous asylum
application is one which contains statements or responses to questions
that are deliberately fabricated. Not being granted asylum does not
mean that your application is frivolous. Do you understand?
If I find you knowingly filed a frivolous asylum
application you will be barred forever from any relief. Knowing what
I've just told you, do you want to file for asylum?
Additionally, the court will deem this to be an application
for withholding of removal and protection under the Convention Against
Torture.
Sir/Madam, do you intend to provide additional information
in support of your asylum application?
Yes - I will continue this matter so that you may
submit any supplemental filings in court on [date] at [time]. At that
hearing, I will review the supplemental documents and, assuming they
are complete and in compliance with the local rules, will schedule
a hearing on the merits. Please have an additional copy of any document
to serve on government counsel. If you do not bring any additional
documents for submission to the court at that hearing, then the court
will rely solely on the documents currently in the court’s file
to decide your case. I will not permit you to bring additional documents
to be considered on the date of your merits hearing. Do you understand
everything I have said?
No - Government counsel, have the necessary biometrics
been taken?
Yes - The court will reset your case to [date] at
[time] for a hearing on the merits of your applications.
No - Sir/Madam, because you are seeking relief from
removal, the government must complete certain background checks before
the court can complete your case. The government attorney is providing
you with written instructions that tell you how to complete the necessary
background checks. You must be sure to do what the instructions tell
you before the next hearing. YOU WILL BE REQUIRED TO TAKE YOUR FINGERPRINTS.
YOUR FAILURE TO COMPLY WITH THE REQUIREMENTS WILL RESULT IN YOUR APPLICATION
BEING DEEMED ABANDONED AND DENIED. DO YOU UNDERSTAND?
The court will reset your case to [date] at [time]
for a hearing on the merits of your applications.
PREPARATION FOR HEARING
Sir/Madam, your matter has been set for hearing on
the merits of your applications. You are reminded that you may have
an attorney or qualified representative present for you at that hearing.
If you do obtain a representative before that date, you must tell
him or her that your case has been set for a merits hearing, and that
he or she will be expected to go forward on that date with the merits
of your case. I will not be inclined to continue your case on that
date.
At the next hearing, you must bring any witnesses
that you intend to present in support of your applications. If your
witness is not fluent in English, please advise the court, in writing,
at least 30 days, that is [date], before the next hearing of the language
spoken by your witness so that the court can ensure that an interpreter
will be present at the hearing to assist your witness, that is, unless
your witness speaks the same language, [language], that you speak.
Do you understand?
You must also bring the original of any documents
you intend to present to the court for consideration. If any document
you bring to court is in any language other than English, then you
must have the document translated into English. You must also have
the person who translated the document complete a certificate stating
that provides his or her name, the fact that he or she is competent
to translate from the language of the document into English, and that
the translation is true, complete, and accurate. Finally, you must
have two copies of any and all documents you intend to introduce,
one for the court and one for the government. Do you understand?
At the hearing, the government attorney will have
an opportunity to question you at the hearing, and challenge any documents
or witnesses you may present. Additionally, the government may present
witnesses or documents. If that happens, you will have the opportunity
to question the witness or challenge the documents presented by the
government. Do you understand?
Additionally, the court may have questions of you,
your witnesses, or your documents. Do you understand?
NOTICE AND RIGHTS
The clerk is providing you with the only written
notice you will receive of the next hearing. The clerk is also providing
you with an advisement of your rights.
You must return here on [date] at [time]. Please
arrive early. If you do not appear at the next hearing as ordered
you will be ordered deported and removed from the United States, unless
you can show that your absence was caused by exceptional circumstances
beyond your control. Exceptional circumstances are defined as a serious
illness or death of an immediate family member.
If you are ordered removed, any applications for
relief you may have pending before this court will be deemed abandoned
and will be denied. Additionally, you will become ineligible for certain
forms of relief, such as voluntary departure, cancellation [or suspension]
of removal, adjustment of status, or change of status for a period
of ten years.
Do you understand everything I have said to you today?
Do you have any questions about anything I have told you today?
Anything from the government?
There being nothing further, this matter is continued
to the date and time indicated on the notice provided to the parties.
Thank you.
IN ABSENTIA HEARING - INITIAL HEARING
INTRODUCTION
This is an initial [removal] [deportation] [exclusion]
hearing before Immigration Judge (Name of Judge) in (City, State)
on [date], in the matter of [name], case number A [number].
APPEARANCES
Counsel for the Government; please state your appearance
for the record.
The respondent in this case was ordered to appear
today at [time] in this court. It is now [time], but the respondent
has failed to appear. Only the court interpreter and the DHS attorney
[name] are present in court at this time.
Has DHS received any communication from the respondent
that would explain his/her failure to appear today?
I will ask the clerk/interpreter to call out the
respondent’s name in the hallway adjacent to this court.
The clerk of the court/interpreter has now returned.
[name], have you called out the name of the respondent in the adjacent
hallway? [name], was there any response when you called out the respondent’s
name?
How does DHS wish to proceed in this matter?
The motion to proceed in absentia is granted.
EVIDENCE
The court has been served with a Notice to Appear
issued to [name], A number [number]. The NTA is dated [date].
Personal service - According to the NTA, DHS personally
served the NTA upon the respondent on [date].
Mail service - DHS served the NTA by mail on [date].
Does the government have proof of service?
The court will mark and admit the NTA into the record
as Exhibit 1.
The return receipt, PS-3811, is marked and admitted
into the record as Exhibit 2.
If I-589 - Additionally, the court has an asylum
application, form I-589, which it will mark and admit into the record
as Exhibit 3.
If no I-589 - Does the government have any evidence
to offer on the issue of removability?
If I-213 offered - The government has offered a Form
I-213, record of deportable alien, which bears the respondent’s
name and A number. The I-213 also bears the respondent’s place
of birth, and date, place, and manner of last entry to the United
States. The court finds identity of the party named in the I-213 and
the NTA. The court will mark and admit the I-213 into the record as
Exhibit [number]
Based on the exhibits in the record, the court finds
that the government has established service of the NTA by clear, unequivocal,
and convincing evidence. The Services has established that written
notice of the time and place of proceedings and written notice of
the consequences of failure to appear were provided to the alien or
the alien's counsel of record. Additionally, the court finds that
the government has established the [number] factual allegations and
[number] charges of removability set forth in the NTA. The respondent
is
inadmissible under section 212 of the Act as charged
in the NTA.
OR - the alien is deportable under section 237 of
the Act as charged in the NTA.
See INA § 240(b)(5).
The court orders the respondent removed to [country].
Anything further from the government?
There being nothing further, these proceedings are
concluded.
IN ABSENTIA HEARING - CONTINUED HEARING
INTRODUCTION
This is an continued [removal] [deportation] [exclusion]
hearing before [Immigration Judge] in [city] on [date], in the matter of [name], case number A [number].
APPEARANCES
Counsel for the government, please state your appearance
for the record.
The respondent in this case was ordered to appear
today at [time] in this court. It is now [time], but the respondent
has failed to appear. Only the court interpreter and the government
attorney are present in the courtroom at this time.
Has DHS received any communication from the respondent
that would explain his/her failure to appear today?
I will ask the clerk/interpreter to call out the
respondent’s name in the hallway adjacent to this court.
The clerk of the court/interpreter has now returned.
[name], have you called out the name of the respondent in the adjacent
hallway? [name], was there any response when you called out the respondent’s
name?
How does DHS wish to proceed in this matter?
The motion to proceed in absentia is granted. The
clerk of the court has called out the name of the respondent in the
adjacent hallway. Clerk [name], was there any response when you called
out the respondent’s name?
Has DHS received any communication from the respondent
that would explain his/her failure to appear today?
Does DHS wish to make a motion in this matter?
The motion to proceed in absentia is granted.
EVIDENCE
The court has a Notice to Appear issued to [name],
A number [number]. The NTA is dated [date], and was previously marked
and admitted into the record as Exhibit 1.
The court will mark and admit the notice of hearing,
which was personally served on the respondent on [date] into the record
as Exhibit 2.
If I-589 - Additionally, the court has an asylum
application, form I-589, which it will mark and admit into the record
as Exhibit 3.
If no I-589 - Does the government have any evidence
to offer on the issue of removability?
If I-213 offered - The government has offered a Form
I-213, record of deportable alien, which bears the respondent’s
name and A number. The I-213 also bears the respondent’s place
of birth, and date, place, and manner of last entry to the United
States. The court finds identity of the party named in the I-213 and
the NTA. The court will mark and admit the I-213 into the record as
Exhibit [number]. Based on the exhibits in the record, the court finds
that the government has established service of the NTA by clear, unequivocal,
and convincing evidence. Additionally, the court finds that the government
has established the [number] factual allegations and [number] charges
of removability set forth in the NTA. The respondent is
inadmissible under section 212 of the Act as charged
in the NTA.
OR - the alien is deportable under section 237 of
the Act as charged in the NTA.
See INA § 240(b)(5).
The court orders the respondent removed to [country].
Anything further from the government?
There being nothing further, these proceedings are
concluded.
INDIVIDUAL HEARING
To the respondent, you previously stated that [name]
is the language you speak and understand best. Is this still correct?
These proceedings will be interpreted today in the [name] language.
This is a continued [removal] [deportation] [exclusion]
hearing before [Immigration Judge] in [city] on [date], in the matter of [name], case number A [number].
APPEARANCES
Counsel, please state your appearances for the record.
The interpreter today is [name], who is the official
interpreter for the Los Angeles Immigration Court, who is providing
simultaneous interpretation to the respondent today in court and need
not be sworn in.
Can you hear the interpreter clearly through the
headphones? Do you understand the interpreter? If at any time, you
have difficulty understanding the interpreter, please let me know
immediately.
To the respondent, you previously took an oath that
the testimony you will provide in these proceedings will be the truth,
the whole truth, and nothing but the truth, you are still under oath.
Do you understand?
Please state your full name for the record.
The attorney seated next to you has entered an appearance
in your case. Do you want him to represent you in these proceedings?
Where are you currently living?
Same - You are being provided with a blue change
of address form. If you do move at any time during these proceedings,
you must complete a change of address form and file it with the court
within five days of moving. Do you understand?
Different - Please complete two blue change of address
forms and complete them at this time. Counsel is this address still
within the jurisdiction of the __________ court? Please provide one
to the court clerk and the other to the government attorney. Please
take an additional blue change of address form with you. If you move
again at any time during these proceedings, you must complete a change
of address form and file it with the court within five days of moving.
Do you understand?
SUMMARY
We are here today to consider the merits of the Respondent’s
applications for relief from removal. Specifically, before the court
are Respondent’s applications for [asylum/withholding of removal/
protection under the Convention Against Torture/ cancellation of removal/
adjustment of status/ voluntary departure].
Counsel, I want to ensure that you have advised the
respondent of the difference between pre-conclusion and post-conclusion
voluntary departure. I also want to ensure that the respondent is
not seeking pre-conclusion voluntary departure, is this correct?
Counsel for the government, are the necessary biometric
checks completed and current? Yes - Then we may proceed.
EXHIBITS
At this point, we have the following exhibits marked
and admitted into the record:
Exhibit 1 - NTA
Exhibit 2 -
We also have:
An asylum application, Form I-589, which was referred
to the court by the Department of Homeland Security. I will now provide
to the Respondent the asylum application contained in the court’s
record of proceedings for his/her review.
OR An application for cancellation of removal, Form
EOIR-40, which was filed by the Respondent. I will now provide the
Respondent with the cancellation application contained in the court’s
record of proceedings for his/her review.
Sir/Madam, have you seen this document prior to today?
What is it?
At the time this document was prepared, were you
able to read and write in English?
No - Did your attorney or the person that assisted
you in preparing the application explain the entire contents of the
application to you in your native language?
No - Counsel, we will go off the record to provide
you an opportunity to explain the contents of the application with
your client. Trail the matter.
Yes - Do you know the contents of this application?
Are the statements made in the application true and
correct?
Did you provide the supporting documents filed with
the application?
Do you believe that the documents provided with your
application are true and correct?
Please turn to the last page of the application.
Is that your signature that appears on this application?
Please stand and raise your right hand. Do you swear
or affirm that the contents of this application, including the documents
submitted in support of the application, are true to the best of your
knowledge? Then please sign with your full, true name.
Once returned, I am now signing the application as
well to establish that the respondent acknowledged knowing the contents
of the application, and that they are true.
Government counsel, any objections to admission of
this application?
I will mark and admit the application as Exhibit
[ ].
Attachments - objections. mark and admit.
[Counsel for Respondent] - Do you have any other
documents you would like to offer into the record at this time? Objections?
Does the government have any other documents to offer
into the record at this time? Objections?
WITNESSES
[Counsel for Respondent] - I would like to hear from
the respondent first?
Are there any other witnesses present in the court
room? Motion to sequester?
TESTIMONY
[Counsel for the respondent] - Your witness.
CONCLUSION OF TESTIMONY
Ensure Respondent qualified for voluntary departure.
Does either party have any further evidence it wishes
to introduce?
Does the respondent rest?
Does the government have any rebuttal evidence or
witnesses it wishes to introduce?
The evidentiary portion of this hearing is now closed.
Does either party wish to make a closing argument?
Rebuttal by respondent?
We will go to a separate tape for the oral decision.
ORAL DECISION
IF A DENIAL
To the Respondent, you have heard my oral decision.
I have denied your applications for [asylum, withholding of removal,
and protection under the Convention Against Torture, cancellation
of removal, adjustment of status]. Do you understand my decision?
If no, Counsel will you waive further explanation of the decision.
To the Respondent, your attorney will provide detailed information
to you about the court’s decision following the hearing.
Counsel for the Respondent, do you wish to waive
or reserve appeal? Counsel for the government?
Counsel for the Respondent, at this time the court
is providing you with an appeal packet.
To the Respondent, your attorney has taken an appeal
packet, which consists of a notice of appeal, request for fee waiver,
and a change of address notification form to the Board of Immigration
Appeals. You are also being provided an EOIR 41, a form providing
you with a notice of your appeal rights, which is written in both
English and Spanish.
Let me explain your appeal rights at this time as
detailed in the form EOIR-41. First, you have the right to appeal
my decision to the Board of Immigration Appeals if you feel my decision
is incorrect. Do you understand?
You must state the basis for your appeal on the notice
of appeal, which was provided to your attorney, and mailed to the
Board of Immigration Appeals. Do you understand?
Second, in order to file an appeal, you must include
the $110 filing fee or use the request for a fee waiver, if you cannot
afford to pay the $110 appeal filing fee. The fee waiver request form
is included in the packet of materials provided to your attorney.
Do you understand?
Third, you must file your appeal with the Board of
Immigration Appeals no later than 30 days from today’s date.
Thus, your appeal must be received by the Board on or before [DATE],
or the Board may reject your appeal. Do not mail your notice of appeal
on the 30th day, as it will not reach the Board of Immigration Appeals,
which is located in Falls Church, Virginia, in a timely manner. Do
you understand?
Finally, if you file a notice of appeal with the
Board of Immigration Appeals in a timely manner, the Department of
Homeland Security may not remove you while your appeal is pending.
Do you understand? Do you have any questions about anything I’ve
said so far?
GRANT OF RELIEF
The parties have heard the court’s oral decision.
The court has found the Respondent to be statutorily eligible for
[asylum/withholding of removal/protection under CAT], and has granted
the application in an exercise of its discretion.
Does either party wish to reserve appeal?
If DHS appeals - explain appeal rights.
If no DHS appeal - explain grant to Respondent. Your
attorney will advise you of the steps you will need to take now. I
am providing you with a form that contains instructions that you will
need to follow as a result of the grant of relief in this case. In
order to become a permanent resident, you must file with the Government,
within one year of the order, the Form 1-485 for apply for adjustment
of status to that of lawful permanent resident.
To the Respondent, do you understand everything I
have said to you today? Do you have any questions about anything I
have told you today?
Anything from either party?
There being nothing further, the order is entered
and final. This matter is concluded. I will now provide you with a
written memorandum of my oral decision.
Thank you.
VOLUNTARY DEPARTURE GRANT
Sir/Madam, the court has granted you the privilege
of voluntary departure. This means that you must leave the United
States on or before the date provided to you by this court or by any
date granted to you by the Field Office Director of the Department
of Homeland Security. You must also post the voluntary departure bond
set by the court within [number] days of today’s date. If you
fail to leave the United States by either of these dates, then you
will be ordered removed and deported from the United States. If this
happens, your voluntary departure bond will be breached, and you will
be subject to civil penalties of between $1,000 and $5,000. Additionally,
if you fail to timely depart the United States and are ordered removed,
you will become ineligible for certain forms of relief, such as voluntary
departure, cancellation [or suspension] of removal, adjustment of
status, or change of status for a period of 10 years. Do you understand
the consequences of failing to depart voluntarily as you have promised?
CONCLUSION
To the Respondent, do you understand everything I
have said to you today? Do you have any questions about anything I
have told you today?
Anything from either party?
There being nothing further, this matter is concluded.
I will now provide you with a written memorandum of my oral decision.
Thank you.
Advisement to the Immigrant Respondent granted Section
240A(a) Cancellation of
Removal or Waiver under former § 212(c)
To the Respondent, the Court has granted your request
for relief. However, at this point I need to stress to you the statutory
prohibition against any further grants of relief under this section
of the Act. Should you become subject to a second removal hearing
due to subsequent acts of misconduct, the court will not be in a position
to provide you with this relief again. Do you understand? Do you understand
everything I have said to you today? Do you have any questions about
anything I have told you today?
Anything from either party?
There being nothing further, this matter is concluded.
I will now provide you with a written memorandum of my oral decision.
Thank you
Advisement to Respondents Granted Adjustment of Status
on a Conditional Basis.
Section 216 of the Act provides for the granting
of adjustment of status to aliens seeking
adjustment on the basis of a marriage contracted
with an American citizen or lawful permanent resident spouse, if the
marriage was entered into less than two years prior to granting adjustment.
The same conditional adjustment applies to the dependent child of
the respondent receiving adjustment. When the IJ grants conditional
adjustment, the IJ should educate the respondent (and the respondent’s
spouse, if present) regarding the need to take further action to remove
the condition on the respondent’s immigrant status. The respondent
should be told that, within the 90th day of the second anniversary
of the granting of adjustment on a conditional basis, the respondent
and the respondent’s spouse must file with the local office
of the Department of Homeland Security the Form I-751 Application
to Remove Condition on immigrant Status. Mention further that, if
the respondent and spouse are not together at that time, the respondent
must file by himself or herself the I-751 which will be treated as
an application to waive the joint petition requirement. Further stress
that the respondent must appear for interview on Form 1-751 and, if
he or she does not appear, or fails to file the form on time, the
respondent then becomes subject to a new removal proceeding wherein
the Government will seek an order expelling him or her from the US.
Alien Ordered Deported Who Has Waived Appeal
This advisement is not given often as most non-detainee
respondents who are ordered removed and deported will not waive appeal.
If such a, respondent does waive appeal, the IJ must explain to the
respondent that, if he or she willfully fails or refuses to depart
when and as required, make timely application in good faith for any
needed travel documents, or fails to appear when and as required for
deportation, or conspires to or takes any action to hinder his or
her departure, the respondent becomes subject to a money penalty of
up to $500.00 each day under such violation. If the respondent is
deportable under Section 237(a), he or she may be subject to a fine
or imprisonment for up to ten years.
Alien Granted CAT Relief -
Operating Policies and Procedures Memorandum No.
99-5, Implementation of Article 3 of the UN Convention Against Torture,
sets forth the specific contents that must he included in a deferral
order pursuant to 8 C.F.R. 1208.l7(b)(l) and (b)(2). Specifically,
when an Immigration Judge grants deferral of removal under the Convention
Against Torture, he or she must inform the alien that: 1) Deferral
of removal does not confer any lawful or permanent immigration status
on the alien; 2) If the alien is detained, he or she may not necessarily
be released by the DHS; 3) Deferral of removal is effective only until
terminated; 4) Deferral of removal may be terminated based upon the
alien’s request or a motion from the DHS; and 5) Deferral of
removal only precludes the DHS from removing the alien to a particular
country or countries in which it has been determined that the alien
is likely to be tortured; the alien may be removed at any time to
another country. OPPM 99-5, Section II, citing 8 C.F.R. §1208.17(b)
The OPPM also addresses termination of deferral of removal. Section
VII. A. states that a motion for termination shall be granted if it
is accompanied by evidence that is relevant to the possibility that
the alien would be tortured in the country to which removal has been
deferred that was not presented at the previous hearing. OPPM 99-5,
citing 8 C.F.R. § 1208.l7(d). Finally, the OPPM states that at
a contested hearing, the burden is on the alien to establish that
it is more likely than not that he or she will be tortured in the
country to which removal has been deferred. OPPM 99-5, citing 8 C.F.R.
§ 1208.17(d)(3).