Speaker 1: Hello, my name is Natasha Williams. I'm an attorney advisor at the El Paso Immigration Court, which is part of the Department of Justice's Executive Office for Immigration Review, also known as EOIR or EOIR. On behalf of EOIR, thank you for your interest in the agency's model hearing program and these recorded model hearing videos. As you may know, the model hearing program, known as MHP, is an educational program designed to provide government attorneys, private attorneys, and potential or newly accredited representatives with information about practices and procedures for advocating in immigration court. The program provides substantive and practical immigration court training. The MHP consists of three initiatives, live MHP events, recorded model hearings and substantive law seminars available on demand, and finally, resources available through the Immigration Court online resource, which you will hear referred to as I-Corps. Information provided as part of the MHP is intended solely as an educational resource for legal advocates to improve the quality of advocacy before the immigration courts. Information presented does not replace case law or any EOIR manual, policy, or publication, and may not be construed to create or limit any rights enforceable by law. Information provided as part of the MHP, either in writing or spoken, is not legal advice and does not constitute any legal opinion by the Department of Justice or the Department of Homeland Security. The case scenarios included in the MHP are fictional. Any resemblance to actual persons, living or dead, or actual cases is purely coincidental. A model hearing should be construed as mandating a particular outcome in any specific case. I-Corps houses videos to familiarize you with model hearings and select areas of substantive law that directly relate to our live and recorded model hearings. To better prepare you for viewing a model hearing, this video will provide you with some general background on removal proceedings and immigration court procedure. Removal proceedings are civil administrative proceedings, and the individuals who appear before the immigration courts are referred to as respondents. The big picture is that, in removal proceedings, an immigration judge makes a legal determination about whether the respondent is removable from the United States. If the immigration judge determines that the respondent is not removable as charged by the Department of Homeland Security, the judge must terminate proceedings. If, however, the judge finds that the respondent is removable, the judge then considers a second question, whether the respondent is eligible for any form of protection or relief from removal. Now that we've covered that big picture, let's break down the process. Removal proceedings begin when the Department of Homeland Security, or DHS, serves an individual with a charging document, called a Notice to Appear, or NTA, and files the NTA with the immigration court. An NTA must include certain information, including, but not limited to, the following items. First, the nature of proceedings. Second, the legal authority under which the proceedings are conducted. Third, the acts or conduct alleged to be in violation of the law. Fourth, the charges against the respondent and the statutory provisions alleged to have been violated. Fifth, an advisal about the respondent's right to be represented by counsel at no expense to the government. Sixth, an advisal that the respondent must immediately provide an official change of address form to the immigration court to document any change to the respondent's address or telephone number. As well as an advisal about the consequences of failing to provide their updated contact information to the court. And seventh, an advisal about the consequences of failing to appear at scheduled hearings. Some NTAs contain the date, time, and location of the initial master calendar hearing when they are served, while others may show, to be set, or to be determined, where the date, time, and location would be written. If the NTA does not contain the date, time, and location of the initial master calendar hearing, the immigration court mails the respondent a notice of hearing that contains all of the required hearing information. Generally, the immigration court is required to wait at least 10 days after the NTA is served on a respondent to hold the initial master calendar hearing. This 10-day period gives the respondent an opportunity to obtain counsel and to prepare to respond to the charges in the NTA. Each immigration court regularly maintains a court-specific list of organizations and attorneys who provide free legal services to respondents. DHS should also provide a copy of the court-specific list to the respondent when it serves the NTA, and note on the NTA that it has done so. The court-specific list can also be found on EOIR's website and at the immigration courts. Should a respondent wish to waive the 10-day preparation period and appear before the court as soon as possible, they may sign the Request for Prompt Hearing contained in the NTA. After service and filing of the NTA, the immigration court holds the initial master calendar hearing and any subsequent master calendar hearings they may need. At the beginning of the master calendar hearings, the immigration judge first turns on the recording equipment as all conversations that are part of the case record are recorded. Once on the record, the immigration judge begins every master calendar hearing by identifying relevant details about the proceeding, including the type of proceeding being conducted, the respondent's name, address, telephone number, and case number, the date and place of the proceeding, and the presence of the parties and any representatives. During the initial master calendar hearing, the immigration judge explains the respondent's rights in immigration proceedings, reviews the factual and legal basis for removal, and addresses any issues related to representation. The next steps we will cover may take place during the initial master calendar hearing itself, over the course of one or more subsequent master calendar hearings, or for certain representative respondents only, potentially entirely through filings. The method will be determined by the immigration judge and the judge's discretion and on a case-by-case basis, taking into account whether a respondent is represented by counsel or appearing pro se. EOIR recognizes the complexity of this process and the positive impact that representation has on an immigration case, and we are making efforts, like offering these MHP resources, to increase the number and quality of representation for all parties to proceedings. Once the respondent has acquired representation, or if the respondent wishes to proceed pro se, the immigration judge takes the respondent's pleadings. This consists of asking if the respondent concedes proper service of the NTA and providing the respondent the opportunity to admit or deny the factual allegations and concede or contest the legal charges of removability included in the NTA. Another party may file evidence relating to whether the respondent is removable. Once the immigration judge has taken pleadings and assessed all arguments and evidence regarding whether the respondent is removable, the judge rules on each charge of removability. If removability is contested, the judge may hold a separate hearing to hear testimony on the issue. If the immigration judge finds that the respondent is removable, the judge asks the respondent to designate a country for removal, should that become necessary. If the respondent declines to choose a country, DHS may ask the judge to designate a specified country. After a country for removal is designated, the judge asks the respondent whether they wish to seek relief from removal. If the respondent does not seek relief from removal, the respondent may be removed to the designated country by DHS. If a respondent chooses to seek relief from removal, the respondent identifies the form of relief from removal they wish to seek, and if desired, requests time to prepare any necessary applications and gather supporting evidence. After the respondent has submitted an application for relief or has indicated through counsel what relief application will be filed, the immigration judge may set a date for an individual hearing, also known as a merits hearing. Individual hearings are the trials in immigration proceedings. In anticipation of the individual hearing, DHS will provide biometrics instructions to the respondent if the respondent is requesting relief that requires background investigations and security checks. Respondents are responsible for complying with biometrics requirements in advance of the individual hearing. Immigration judges may issue pre-hearing orders to establish deadlines for filing applications and supporting documents before the individual hearing. Additional information regarding master calendar hearings is available on EOIR's website. Now we will turn to the how of an immigration's individual court hearing. Individual hearings are evidentiary hearings on contested matters. Contested matters include challenges to removability and applications for relief. As was the case for master calendar hearings, the immigration judge turns on the recording equipment before beginning the hearing. Once on the record, the immigration judge identifies the relevant details of the proceeding. If the respondent's address or telephone number has changed, the immigration judge will instruct the respondent to submit an official change of address form. If a new attorney or representative is appearing, the immigration judge will confirm that an updated Notice of Entry of Appearance, Form EOIR-28, is submitted. If the respondent is requesting relief that requires background investigations and security checks, the immigration judge is required to ask, on the record, whether DHS has completed them. If they are not complete because the respondent failed to comply with biometrics instructions without good cause, the immigration judge may deem the respondent's relief application abandoned and enter an order dismissing the application. If they were not completed by DHS through no fault of the respondent, DHS may seek a continuance to complete them, or the immigration judge may choose to move forward with the individual hearing. If the immigration judge moves forward with the individual hearing, they may immediately deny relief. However, the immigration judge must wait for the investigations and checks to be completed before issuing a decision granting any form of relief that requires a completed background check. Once these preliminary matters are covered, the immigration judge will decide the exact manner in which the hearing will proceed. However, generally, the parties should be prepared to state whether any agreements have been reached between the parties regarding the respondent's eligibility for relief, raise any objections to the other party's evidence, make opening statements, present witnesses, including the respondent's testimony, and evidence on all issues, cross-examine opposing witnesses and objective testimony, and make closing statements. At the conclusion of the individual hearing, the immigration judge may issue an oral decision or reserve the decision to issue a written one. The majority of decisions are issued orally. In both oral and written decisions, the immigration judge restates any previous findings on removability and grants or denies any applications for relief or protection from removal. The immigration judge will also explain the reasoning for the decision, including citations to any relevant statutes, regulations, and case law. If the decision is rendered orally, the parties will be given a signed summary order from the court. Please note that the presiding immigration judge for the MHP will not be rendering a decision in any of our live or recorded model hearings. For more information about individual hearings, you may wish to review Best Practices and Procedures on the EOIR website. Both parties have the right to appeal an immigration court's decision to the Board of Immigration Appeals, also known as the Board or the BIA. Following the issuance of an immigration court's order, the parties must decide whether to reserve or waive their respective rights to appeal. If either party has reserved its right to appeal, the immigration judge will inform the parties of the regulatory deadline for filing an appeal with the BIA. An appeal must generally be filed no later than 30 calendar days after the immigration judge renders an oral decision or mails a written decision. If the respondent appeals the immigration judge's decision to the BIA and the BIA affirms the immigration judge's decision, the respondent may appeal the decision to a federal circuit court of appeals. This concludes our overview of the Model Hearing Program and Immigration Court Procedure. We hope that you enjoy the Model Hearings, and we encourage you to look at our other Model Hearing Program resources, which are also available on I-Corps. If you are not a government attorney, we encourage you to consider accepting a pro bono case at your local immigration court in the coming weeks and months. You may wish to reach out to local nonprofits in your area to find opportunities to accept such representations and to receive additional guidance and support. We also encourage you to take a look at the other pro bono resources that are available on the EOIR website at www.justice.gov forward slash EOIR and also available on I-Corps. We welcome your feedback and are happy to answer any questions you may have. Please email us at pao.eoir at usdoj.gov. Thank you again.