Speaker 1: Welcome to the United States Immigration Court.

Speaker 2: I am Immigration Judge Christopher Santoro. I am going to explain the purpose of these court proceedings and your rights. After I explain these rights to you, an immigration judge will talk to you individually about your case. You should have received a copy of the Notice to Appear in your case. The Notice to Appear explains the reasons why the government believes you should be removed from the United States. The Notice to Appear looks like this. If you believe you did not receive a copy, tell the immigration judge when he or she talks to you today. In the Notice to Appear, the United States government alleges that you violated the immigration laws of this country and should be removed, sometimes called being deported. An immigration judge will decide whether that is true or not true. If the immigration judge finds it is true, an immigration judge will then determine whether there is a way for you to remain in the United States. I will now explain your rights in these proceedings. You have the right to be represented by an attorney of your choice at no cost to the government. You may be eligible for free legal services. If those services are available in this area, we will give you a list with contact information for those who might be able to assist you. Alternatively, if you do not want a lawyer, you can represent yourself in your case. In support of your case, you can submit documents as evidence, such as pictures, news articles, letters from persons familiar with your case. So long as you provide a copy to the government and keep a copy for yourself. If any documents are not in English, they must be translated into English and certified with the following. The name of the translator, 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. You will receive a copy of any evidence the government offers, and you can make objections to it. You have the right to testify in your case. You have the right to call witnesses to testify on your behalf. You have the right to ask questions of any government witnesses. At the beginning of your case, an immigration judge will ask you which country you want to return to if the law requires that you be removed from the United States. Do not assume from this question that the judge has already decided that you must be removed. At the conclusion of your case, an immigration judge will decide whether you will be ordered removed from the United States. If the immigration judge decides that you must be removed from the United States, the country to which you will be removed will be the one that you chose, except as otherwise required by law. If you disagree with the immigration judge's decision, you can appeal it to a higher court. If you wish to appeal, you must do so in writing within 30 calendar days of the immigration judge's decision. If you fail to file a notice of appeal within 30 days, the immigration judge's decision becomes final. You have two duties to this court as long as you have a pending case. I will explain each. If you move, you have five calendar days to notify the court in writing of your new address. This is important because all notifications from the court will come by mail. If we don't have your current address, you might miss a hearing date. In the courtroom is a blue piece of paper, which we call a Form E-33. Use this form to notify the court of a new address. If you have already moved, please complete two copies today, one for the court and one for the government. If you will move soon, please take two copies with you today. Remember to mail two copies, one to the court and one to the Department of Homeland Security. You also have an obligation to attend all future hearings. If you fail to appear at any future hearings in your case, you could be ordered removed in your absence. You will then be ineligible for 10 years for the following forms of relief, including cancellation of removal, change or adjustment of your status, registry, or voluntary departure. Your absence may be excused, but only if there are exceptional circumstances beyond your control which caused your absence. Exceptional circumstances are those such as you have a serious illness, your spouse, parent, or child has a serious illness or has died, you, your spouse, parent, or child has suffered a battery or extreme cruelty, but not circumstances less compelling than these examples. If you fail to attend your hearing because you did not notify us of your correct mailing address and you do not receive your hearing notice, your absence will not be excused. An immigration judge may set deadlines for you to file applications, evidence, or other documents with the court. If you fail to comply with the judge's orders and deadlines, your applications and requests may be deemed abandoned and the judge may deny your requests. Additionally, if you are required to provide biometrics as part of your case, your failure to comply with the deadlines and instructions given by the immigration judge, the biometrics notice, and the government may result in your application being deemed abandoned and dismissed. You may intend to apply for asylum. Before you file an asylum application, the law requires that I tell you about the consequences for knowingly filing a frivolous application for asylum. If you knowingly file a frivolous application for asylum, you will be barred forever from receiving any benefit under the Immigration and Nationality Act. A frivolous application for asylum 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. You may also have the right to apply for voluntary departure. Voluntary departure allows you to leave the United States within a certain time period on your own, rather than following an order of removal. Because you would not have an order of removal, it is possible that you may be able legally to return to the United States. Voluntary departure is a privilege, and you must show that you merit a favorable exercise of the court's discretion. There are two types of voluntary departure. For pre-conclusion voluntary departure, you must generally request it before the court has scheduled you for a hearing on the merits of your case, such as a request for asylum or cancellation of removal. You also must not be an arriving alien. You must admit that you are removable from the United States, withdraw all other requests for relief from removal, accept voluntary departure as a final decision, and give up your right to appeal on all issues. You can request post-conclusion voluntary departure at any time during the course of removal proceedings. For this type of voluntary departure, you do not need to concede removability, or withdraw any applications for relief from removal, or give up your right to appeal. But you must have been physically present in the United States for at least one year by the time the notice to appear was served on you. You must also show that you have been a person of good moral character for the preceding five years. For both forms of voluntary departure, you cannot have been convicted of an aggravated felony and you must not be removable on security-related grounds. Also, you are required to pay the travel expenses of your return trip and provide the Department of Homeland Security with a valid travel document. If you have received voluntary departure from an immigration judge in the past, you may not be eligible to receive this form of relief again. If you are removed and you return to the United States without special permission, you could be charged with a crime in the United States. If you are convicted of illegally re-entering the United States after deportation, you could face criminal penalties, including fines, and up to 20 years in federal prison. People appearing in immigration court often have similar questions at the beginning of their case. I will try to answer some of the most common questions for you now. Some of them may apply to you or your situation, and some may not. I don't speak English. Will someone interpret for me in court? When you speak with the immigration judge, he or she will ask which language you speak and understand best. It is very important that you tell the judge which is your best language, because the judge will do everything possible to get someone to interpret for you during your court hearings. Please be sure to tell the immigration judge if you speak a language from a certain location or a certain dialect, so we can do our best to get the right interpreter for you.

Speaker 1: If I can't afford an attorney, can I represent myself?

Speaker 2: Yes, you may represent yourself at these hearings. There are also legal service providers that provide assistance to people like yourself in immigration court at little to no expense. We will provide you a list of contacts, but you are also free to use organizations or representatives that are not on this list.

Speaker 1: If I can't get anyone on that list to respond or they tell me they will not take my case, what do I do?

Speaker 2: While you have the right to be represented by a lawyer in immigration court, the government will not find a representative for you. If you have called the people on the list and none of them can help you, you can ask your family or friends for help finding a representative, or you could look for others not on that list. You may also represent yourself in your case if you are unable to find someone to represent

Speaker 1: you. What if I move? Can I attend a court closer to my new home?

Speaker 2: You must first admit or deny the charges in your case, then complete the change of address form I mentioned earlier. We will then identify the immigration court closest to your new home, and an immigration judge will decide whether or not to move your case to that court. Do I have to bring my children to court? If your child or children are also in immigration proceedings, unless and until an immigration judge tells you they do not need to come, they must come to court each and every time. You may ask the immigration judge for permission not to bring your children. If the judge excuses the presence of your children, you must still attend all of your children's future hearings.

Speaker 1: My son or daughter also has a case in immigration court. Can all our cases be heard together?

Speaker 2: When you speak to the immigration judge, tell him or her about your children's cases. Please be sure to give the immigration judge the correct spelling of their names and their alien registration numbers if you have them. It will be up to the immigration judge whether to consolidate or join your case with your children's.

Speaker 1: Do I still have to report in to my deportation officer?

Speaker 2: If you have been ordered to report to a deportation officer, you must continue reporting unless and until this requirement is lifted. If you do not, this may be a violation of the terms of your release and could result in your being taken back into custody.

Speaker 1: I don't want to wear a DHS-issued ankle monitor anymore.

Speaker 2: To ask for a change or to remove the conditions of a release from custody, such as reporting, wearing of monitors, etc., you must send your request to the immigration court within seven days of your release from custody. After seven days, the request must be filed with the field office director of United States Immigration and Customs Enforcement. An appeal of an immigration judge's decision must be filed within 30 days. An appeal of a field office director's decision must be filed within 10 days of the decision. The appeal must be filed with the Board of Immigration Appeals. Can I get an excuse letter for work or school? The notice of hearing directing you to come to court is equivalent to a court summons. Please use this notice as an excuse letter for your employer or your child's school.

Speaker 1: Can the court or the court's interpreter help me translate my documents?

Speaker 2: No, the court cannot assist with translating documents. You need to have them translated and provide a copy to the court and a copy to the Department of Homeland Security, as well as keep a copy for yourself. The translated documents must have a Certificate of Translation that states the name of the interpreter, that he or she is competent to translate the document into English, and that the translation is true, complete, and accurate. Can the court make copies of documents I bring? No, the court cannot assist with copying documents. If you want to give the judge a document, you need to make a copy for the judge, a copy for the Department of Homeland Security, and a copy for yourself. If the document is not in English, you must also bring three copies of the translation one for yourself, one for the judge, and one for the Department of Homeland Security.

Speaker 1: I can't read or write English. How do I fill out the documents for the court?

Speaker 2: All documents you file with the court must be in English or be accompanied by a certified English translation. If you need help filling out the documents, you might ask for a relative or friend or someone you trust to help you, but ultimately it is your responsibility to fill out the forms in English. If you do not fill them out in English, the court will not consider them.

Speaker 1: I do not want to fight my case in court and want to return to my native country. Can I do that?

Speaker 2: If you do not want to fight your case in immigration court, tell the immigration judge when you speak to him or her. The judge will ask you some questions about the facts of your case and then talk to you about whether you might qualify for voluntary departure or an order of removal.

Speaker 1: I have a pending criminal case, or I am appealing a conviction. Can my immigration case wait until that process is complete?

Speaker 2: Immigration court proceedings are completely separate from state or federal criminal court proceedings. You should explain your situation to your representative or the immigration judge, but in most cases your immigration court case will proceed even if you have pending criminal cases or appeals. How do I get a work permit? Form to work is not issued by the immigration court. Rather, the U.S. Citizenship and Immigration Services, USCIS, Department of Homeland Security, decides all work permits. To apply for work authorization, you must file a form with USCIS. Those seeking asylum must wait until 150 days have passed from the filing of their asylum application before filing for work authorization. You should contact USCIS if you have any questions about work permits.

Speaker 1: My spouse is a U.S. citizen. Doesn't that mean I can stay in the United States?

Speaker 2: Just because you have married a United States citizen does not automatically mean you can remain in the United States. You or your representative should contact U.S. Citizenship and Immigration Services, USCIS, Department of Homeland Security, to see whether your spouse can petition for you to remain in the United States. If this is something you want to do, you should do it quickly, because your case in immigration court may not wait for you to complete that process.