Book A Free Consultation now
Book A Free Consultation now
What Happens at an Individual Merits Hearing?
Book A Free Consultation now
Book A Free Consultation now
Proudly Serving Dallas & Houston.
Preparing for Your Immigration Court Hearing.
Unlike the earlier master calendar hearing, an individual merits hearing focuses on the facts and legal issues the immigration judge must decide. It is a full immigration court hearing where the judge considers your testimony and evidence related to your request for relief from removal.
During the hearing, you may testify under oath and present witnesses and other evidence that supports your case. An attorney for the Department of Homeland Security may question you and your witnesses, present evidence, and challenge your request for relief.
The legal requirements depend on the relief you are seeking. This may include asylum, cancellation of removal, adjustment of status, or another form of immigration relief.
After considering the case, the judge may announce a decision at the hearing or issue a written decision later. Depending on the decision and the circumstances of the case, you or the government may have the right to appeal.
The exact process depends on your case, but an individual merits hearing generally involves the following steps:
The judge addresses preliminary matters: The immigration judge confirms the applications before the court, the issues to be decided, and any remaining procedural matters.
You present your case: Your immigration attorney, if you have one, may explain the relief you are seeking and present your supporting evidence.
You give sworn testimony: You answer questions about the facts supporting your application. If you have an attorney, they may question you first.
The government may question you: An attorney for the Department of Homeland Security may cross-examine you about your testimony and other parts of your case.
Witnesses may testify: If you have witnesses, they may testify and answer questions from your attorney, the government attorney, and the judge.
The parties may make closing arguments: Each side may explain how the evidence and applicable law support its position.
The judge considers the case: The immigration judge may announce a decision at the end of the hearing or issue one later.
Not every individual merits hearing proceeds in the same way. Your circumstances can affect the time available to prepare, how you participate in the hearing, and the issues the court must consider.
Whether you are detained: Detained immigration cases may move more quickly than non-detained cases, which can leave less time to prepare for the hearing.
Whether you attend the hearing: Failing to appear can have serious consequences. If the legal requirements are met, the immigration judge may issue an in absentia removal order, meaning you can be ordered removed while you are not present.
Whether you need an interpreter: The court generally provides an interpreter when one is needed. Tell the judge if you cannot hear or understand the interpretation.
The relief you are seeking: Different forms of immigration relief have different legal requirements. An asylum case, for example, may involve different issues from a cancellation of removal case.
The complexity of your case: Some cases involve several witnesses, expert testimony, or extensive documents, while others rely more heavily on the applicant’s testimony. These differences can affect how the hearing proceeds.
The outcome of an individual merits hearing depends on the relief requested, the evidence presented, and the immigration judge’s findings. Possible outcomes may include:
Relief is granted: The judge may approve the immigration relief you requested if you meet the applicable legal requirements.
Relief is denied: If the judge determines that you have not established eligibility for relief, your application may be denied and a removal order may be entered.
The hearing is continued: The judge may schedule another hearing if additional testimony, evidence, or other proceedings are needed before a decision can be made.
A decision is issued later: The judge does not always decide the case at the hearing. A written decision may be issued after the hearing.
An appeal may be available: Depending on the decision, you or the government may have the right to appeal to the Board of Immigration Appeals.
If the judge issues a decision, pay close attention to any appeal rights and deadlines explained by the court.
Preparation can help you understand what will be expected and make sure you are ready to present your case. Before the hearing:
Review your application and prior statements: Read the information already submitted in your case and identify anything you do not understand or may need to explain.
Organize your supporting evidence: Make sure the documents you plan to rely on have been prepared and submitted according to the court’s requirements.
Prepare for testimony: Review the facts of your case and be ready to answer questions under oath. Listen carefully and answer based on what you know and remember.
Prepare your witnesses: If witnesses will testify, make sure they know when and how they are expected to appear.
Confirm your hearing details: Check the date, time, location, and appearance instructions provided by the immigration court.
Check your filing deadlines: Confirm that required applications, evidence, witness lists, and other filings have been submitted on time.
If you have an attorney, discuss the hearing process and any issues that may need to be addressed before the hearing.
Some cases involve legal or procedural issues that can make an individual merits hearing more complex. Consider speaking with an immigration attorney if:
You do not understand the legal requirements for the relief you are seeking.
You are unsure how information in your application or immigration history may affect your case.
You have received conflicting information or need to explain differences in prior statements or documents.
You have missed a filing or evidence deadline.
You have a prior removal order or previous immigration court proceedings.
You have arrests, immigration violations, or other issues that may affect your eligibility for relief.
You are detained and have limited time to prepare.
If you are unsure how these issues may affect your case, consider contacting Andrew T. Thomas, Attorneys at Law before your individual merits hearing.
Yes. Witnesses may testify if their testimony is relevant to your case. The court may require information about your witnesses to be submitted before the hearing. Witnesses may be questioned by your attorney, the government attorney, and the immigration judge.
Depending on the decision, you may have the right to appeal to the Board of Immigration Appeals (BIA). Immigration appeals have specific filing requirements and deadlines, so review the judge’s decision and any instructions about your appeal rights carefully.
Evidence generally must be submitted according to the deadlines set by the immigration court. Late evidence may not be accepted unless the immigration judge allows it, so check the filing requirements for your case before the hearing.
If you miss your hearing, check the status of your case as soon as possible. In some circumstances, the judge may issue an in absentia removal order. Depending on why you missed the hearing and other circumstances, you may be able to ask the immigration court to reopen the proceedings.
Not necessarily. The immigration judge may announce an oral decision at the end of the hearing, issue a written decision later, or continue the hearing to another date if additional proceedings are needed.
