That attorney also will be able to make a closing statement about why they believe that the foreign national should be removed. This statement can sum up their earlier arguments and address any weaknesses exposed by the government attorney. Once your testimony concludes, other witnesses will be questioned in the same manner.Īfter all of the witnesses have testified, the foreign national or their attorney can make a closing statement about why they are eligible for the relief that they are seeking. Your attorney and the immigration judge might ask you more follow-up questions after the government attorney finishes. The government attorney then will have a chance to ask you questions. Sometimes the judge will ask questions as well. You then will be sworn in as a witness, and your attorney will ask you questions. They will give the government and the foreign national an opportunity to supplement the record or correct any errors in it. The immigration judge will start the hearing by reviewing your submissions and other documents in the record. One of the ways in which an attorney may be helpful is preparing the foreign national and their witnesses to testify. If the Merits hearing is not resolved in one day, the judge will schedule a continuation at a later date, but not on the next day. In most cases, a foreign national will benefit from the assistance of an attorney who is experienced in presenting these types of arguments. You should not rely on the judge to ask questions or help you make your case. Each side has the right to cross-examine opposing witnesses if they choose. Both the government and the foreign national will outline their arguments and potentially present testimony from witnesses. without proceeding to the Merits hearing.Ī Merits hearing is much longer than a Master Calendar hearing. The immigration judge will order your removal from the U.S. If you fail to comply with these requirements and pay the related fees, you will be found to have waived any right to immigration relief. You must have provided your application for relief and supporting materials to the court in advance, and the government also must have received the application. Prior to the Merits hearing, you must have determined the types of immigration relief that you will be seeking. Sometimes, however, a foreign national will not contest removability when it is clear and instead focus on raising a defense to removal. The judge will consider both removability and any defenses at the same hearing. You should be aware that even if you are technically removable from the U.S., you may have a defense to removal, such as cancellation of removal or asylum. It follows at least one Master Calendar hearing, which is a procedural hearing that mostly involves scheduling issues. The Merits hearing is the stage in a removal proceeding at which the government and the foreign national present their substantive arguments for and against removal.
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