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Immigration Court vs. "Regular" Court

Bridge Team Member

Many people become concerned when they realize that they have to appear or become involved with immigration court. This is a normal concern as immigration court is quite different than traditional American court. Check out this post for the differences between these two systems.

Basics of Regular Court

The regular courts in the United States are government institutions that are a part of the Judiciary Branch. Local courts in the United States hear cases strictly related to law, equity, and admiralty. Immigration, international, and federal matters are not attended to in these courts.

Immigration Court

First, Immigration Court operates as an administrative body as opposed to a genuine court and not a part of the U.S judicial branch. Rather, it is a part of the U.S Department of Justice and reports to the president. Matters in immigration court are strictly related to immigration law. Some responsibilities of the Court include ruling on applications for removal (asylum, adjustment of status, cancellation of removal, waivers, etc.), Determining and furthering deportation proceedings.

Some unique aspects of Immigration Court are that judges have the authority to grant foreign nationals legal status in the United States, but also for them to be deported or removed from the United States, there is NO jury, a judge makes a decision after hearing arguments you and from the opposing attorney (who represents the government), and that decisions of the immigration court can be appealed.

Even with these differences, similar to a regular court, it is strongly encouraged that you hire an experienced attorney to assist you with your case before the court. Hopefully this post helped you in one way or another, don't hesitate to contact us if you have any questions!

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