An immigration judge is an administrative judge who conducts immigration court proceedings for the U.S. Department of Justice’s Executive Office for Immigration Review, known as EOIR.

Immigration judges are not federal Article III judges like judges in U.S. district courts. They are Department of Justice employees appointed by the U.S. Attorney General. They are expected to decide cases independently and impartially, but they operate within the executive branch rather than the federal judicial branch.

What does an immigration judge do?

The immigration judge decides whether a noncitizen may remain in the United States or must be removed.

Typical responsibilities of an immigration judge include:

Determining whether the person is legally removable from the United States.
Conducting master calendar and individual merits hearings.
Hearing testimony from the immigrant, witnesses, and experts.
Reviewing immigration applications, criminal records, country-condition evidence, and other documents.
Deciding whether witnesses are credible.
Hearing legal arguments from the immigrant’s attorney and the Department of Homeland Security attorney.
Deciding applications for asylum, withholding of removal, Convention Against Torture protection, cancellation of removal, adjustment of status, certain waivers, and other forms of relief.
Conducting bond hearings in cases where the court has jurisdiction.
Issuing written or oral decisions and removal orders.
Granting voluntary departure when legally available.
Managing deadlines, motions, evidence, and hearing procedures. (Department of Justice)

Who participates in immigration court?

There are normally three principal participants:

The immigration judge
The judge is supposed to serve as the neutral decision-maker.
The Department of Homeland Security attorney
This lawyer represents the U.S. government and generally argues that the person is removable or opposes the requested immigration relief.
The respondent
The respondent is the noncitizen/immigrant individual placed in removal proceedings. The respondent may be represented by a private attorney or qualified representative, but the government generally does not provide a free lawyer.

What types of cases do immigration judges hear?

Immigration judges commonly handle:

Removal and deportation cases;
Asylum cases referred by USCIS;
Defensive asylum applications;
Cases involving visa overstays or unlawful entry;
Cases involving criminal convictions;
Immigration detention and bond matters;
Motions to reopen or reconsider;
Applications to cancel removal;
Certain marriage-based or employment-based adjustment applications when the person is already in removal proceedings;
Requests for protection under the Convention Against Torture;
Claims involving lawful permanent residents accused of being removable.

An immigration judge generally does not process ordinary visa applications at a U.S. consulate, decide most USCIS petitions, issue passports, or grant citizenship applications.

What happens during an immigration court case?

The first hearings are usually called master calendar hearings. During these shorter hearings, the judge addresses the charges, pleadings, representation, filing deadlines, and the immigration relief the person intends to request.

A longer trial-like hearing is called an individual hearing or merits hearing. During this hearing:

The respondent may testify.
Witnesses may testify.
Attorneys may question and cross-examine witnesses.
Documents and expert evidence may be presented.
The judge evaluates credibility and applies immigration law.
The judge grants relief or orders removal.

Can an immigration judge’s decision be appealed?

Usually, yes.

A party generally has 30 calendar days to appeal an immigration judge’s decision to the Board of Immigration Appeals. The BIA is the highest administrative body responsible for reviewing immigration judge decisions. In appropriate cases, a later petition for review may be filed with a federal circuit court of appeals.

In simple terms, an immigration judge decides whether the government has established that a person can be removed and, if so, whether that person nevertheless qualifies for lawful status or protection permitting them to remain in the United States.

To legalize in the U.S., call SHEPELSKY LAW GROUP today at Tel: (718)769-6352 or book your consultation at www.shepelskylaw.com