Starring:• Ofelia Calderón, Esq. – Calderón Seguin, as

Immigration Judge• Ivan Yacub, Esq. – Yacub Law Offices, LLC as

Private Immigration Counsel• Edward W. Neufville, III, Esq. – Law Office of

Edward W. Neufville, III, LLC, as Assistant Chief Counsel

Immigration Judge – representing the U.S. Attorney General

Respondent – Alien or Foreign National Assistant Chief Counsel –Represents the

Department of Homeland Security Private Immigration Attorney – Represents

the Alien or Foreign National before applicable U.S. government entities

Relevant Statutes: INA Section 239; INA Section 240

Removal Proceedings begins with the Department of Homeland Security filing Notice of Appear (NTA) with Immigration Court

NTA must be served on person or by mail to the alien or alien’s counsel

NTA explains that nature of proceedings, why the alien is in removal proceedings, the allegations and charges against the alien and the time and place where the removal proceedings will be held.

Foreign nationals are placed into removal proceedings charged with any applicable grounds of inadmissibility under INA Section 212(a) or any applicable grounds of deportability under INA Section 237(a)

Sole purpose of the Immigration Judge is to determine inadmissibility or deportability of foreign national

Usually the first appearance of the foreign national before Immigration Judge

Master hearings allow attorneys to enter appearance; allow foreign nationals to enter pleadings to the allegations and charges

At master hearing foreign nationals inform Court of their appropriate language; appropriate forms of relief; notify Court of their current address

Attorneys can also seek a continuance at the master calendar hearing for attorney preparation

What must the Notice to Appear address:◦ Nature of proceedings against foreign national◦ Legal authority under what proceedings are

conducted◦ State the allegations foreign national is in

violation of law◦ State the charges that the foreign national

violated◦ Time and place at which the removal proceedings

will take place

Right to be represented at removal proceedings by an attorney, at her own expense

Right to examine evidence and cross-examine witnesses

Entitled to Fair Hearing Entitled to Competent Interpreter Not entitled to examine national security

information

Check with local Immigration Court regularly to see if there are any changes

File evidence early Do not make photocopies of filings until

after numbering pages File Motion to Accept Late Submission if

you missed a filing deadline Complaints against Immigration Judge can

be made online via email at https://www.usdoj.gov/eoir and follow the directions

Motion for Pre-Trial Hearing Motion for Interlocutory Hearing on a

Specific Issue Motion for Closed Hearing Motion to Permit Telephonic Appearance Motion to Request an Interpreter Motion for Subpoena Motion for Consolidation

Parties may make opening statements Parties may raise any objections to the

other party’s evidence Present witnesses and evidence on all

issues Cross-examine opposing witnesses and

object to testimony Parties may make a closing statement

Practice Manual covers the following:◦ Appearances before Immigration Court◦ Filings with the Immigration Court◦ Hearings before the Immigration Judge◦ Motions filed before the Immigration Court• Continue to check with local Immigration Court to

figure out if there are any specific rules• Immigration Judges can still set specific

requirements on a case by case basis

Attorney/Client Agreement signed EOIR-28/G-28 signed Detention Center visit and Bond Application filed Notice to Appear received and reviewed File Freedom of Information Act Request with USCIS and

EOIR Master Calendar Contested Hearing, if applicable Submit oral or written pleadings Relief application completed Affidavits for Respondent completed Affidavits for Witnesses completed Supporting documents submitted U.S. Department of State Country Reports Brief in support application completed Biometrics Witness list Criminal Records/Convictions

• Edward W. Neufville, III• Ivan Yacub• Ofelia Calderón