Immigration Court: How it Works

By James Parker
/
December 6, 2021

When an immigrant faces deportation, it can seem as though the situation is hopeless. However, there is one final barrier between the prospective deportee and exile: immigration court.

Immigration court is not a civil or criminal court. Officially, it is classified as an administrative court. The immigration court is overseen by the Executive Office for Immigration Review (EOIR), a division of the Department of Justice under the Attorney General. This means that, unlike in a criminal trial, immigrants do not have a right to be represented by an attorney. 

According to the EOIR, “the primary mission of the Executive Office for Immigration Review (EOIR) is to adjudicate immigration cases by fairly, expeditiously, and uniformly interpreting and administering the Nation's immigration laws.” However, the Federal Bar Association describes a very different situation. 

In the words of the FBA, immigration court has “case backlogs of epic size, costly and ineffective case management, and reliance on outdated technologies.”

With the inefficiency of the immigration court system, the possibility that an immigrant may not have advanced English skills, and the lack of guaranteed legal representation, the court can be difficult to navigate and nearly impossible to successfully win a case.

If you or a loved one are facing a date in immigration court, you will need the help of an experienced immigration attorney. An immigration attorney can represent your case to a judge, preserve your residence, and try to appeal your case. The best place to find an immigration attorney is Attorney at Law.

At AAL, our nationwide network of law firms and attorneys allows us to match you with the best attorney in your area. Our partners have the resources, legal expertise, and experience to get you the best possible outcome for your case. Our partners understand the stress of having a temporary status in the U.S. and the dread of deportation. That’s why our partners are evaluated not only for an excellent record, but for empathy and excellent client care. 

Don’t wait. Contact AAL today for a free, no-obligation consultation and pursue your path to citizenship. 

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