Who has the chance to appear before an Immigration Judge?

Immigrants who do not fall into the below categories are able to see an Immigration Judge (IJ).

(1) An immigrant who already has a removal (deportation) order from the past. This category includes the following immigrants:

• Those who left the U.S. after a removal order and re-entered again
• Those who never left the U.S. after their removal order was issued or after a grant of voluntary departure
• People who were issued a removal order at the border 

Immigrants can be unaware that they have removal orders. This can happen because they have not received notice of or did not attend their removal court hearings. When an immigrant does not attend their court hearing, they are ordered removed. In some cases, they can have their case reopened so that they can see the judge. This could happen if they did not receive notice of the trial.

(2) People who committed crimes that are considered serious under the law (“aggravated felonies”) and who are not lawful permanent residents. They may be given summary orders of removal and not permitted to see the IJ. This category includes:

• Conditional residents and non-immigrants
• Parolees
• People who over-stayed their visas
• People who entered the U.S. unlawfully. 

ICE officers might try to persuade immigrants to sign conditioned orders of removal. This gives up their right to see the IJ. No matter what ICE says, orders of removal are the same under the law as removal orders. They are not the same as voluntary departure grants. The IJs can grant those instead of removal orders. Those have certain benefits over removal orders.

For more information, please see the following video on Going to a removal hearing.

[no-lexicon]How long will it take for a detained immigrant to see an IJ?[/no-lexicon]

The amount of time can change. This depends on the volume of the court’s docket. It is common for immigrants to wait between 2 and 4 weeks to have their first hearing. If ICE has issued a bond, an immigrant can pay that bond and be released before their first detained hearing.

Detained immigrants may not receive notice of their first court date. If a court date has been set, they can find out by calling the toll-free number for the Executive Office for Immigration Review (“EOIR”). The number is 1-800-898-7180. From detention centers, immigrants can call EOIR through the pro bono platform by dialing code “111.” They will need to have their USCIS number (also referred to as A-number, alien registration number, or alien number).

Where will the hearing be held?

Hearings will most likely take place by video-conferencing. Usually, the judge, the government attorney, and the immigrant’s attorney (if they have one) will be at the Chicago Immigration Court located at 525 W. Van Buren St., Suite 500, Chicago, IL 60607. The immigrant will appear by video from McHenry County Correctional Facility, Pulaski County Detention Center, Dodge County Detention Facility, or Kenosha County Detention Center. If the immigrant is at one of the other jails prior to his hearing, he will be moved to one of these jails at least one day before his trial.

Some immigrants are brought to court in-person in certain situations. If an immigrant is brought to Chicago for an in-person hearing, the hearing will happen in the basement of 101 W. Congress Parkway, Chicago, IL 60605. Family members and friends will have to pass through security at 101 W. Congress. Then, they will ask a building guard to escort them to the courtroom, in the building basement.