Immigration law is complex and there are a lot of moving parts. It’s important to consult with an experienced Atlanta deportation attorney for help.
Elizabeth Matherne was used to seeing Central Americans seeking asylum, but the recent surge had her office jammed with calls for help. Matherne was worried she would be unable to help everyone who called.
What is the Atlanta Immigration Court?
Atlanta is home to many immigrants, and its immigration court serves them in a variety of ways. The typical process of trusted immigration court in Atlanta starts with a Notice to Appear, which is served as a subpoena to the immigrant or their attorney. It usually means that the individual entered the United States illegally, stayed past their visa’s expiration or committed certain crimes and are now subject to removal proceedings.
Immigration judges in Atlanta consistently make prejudicial statements and exhibit hostility toward their asylum applicants and other immigrants appearing before them, according to a new report by the Southern Poverty Law Center SPLC and Emory University School of Law. They have also been found to disregard legal arguments, cancel hearings at the last minute and fail to provide adequate interpretation services.
The main immigration court in Atlanta is located at 180 Ted Turner Drive, SW, Suite 241 and has a new annex on West Peachtree Street. It is open Monday to Friday, except federal holidays.
What is the Non-Detained Immigration Court?
The immigration court handles cases involving non-detained individuals who need to appear before an immigration judge. These cases usually involve a person seeking asylum or in removal proceedings. Immigration judges oversee the government agency called USCIS when a non-citizen is brought into the country or removed from the United States.
An immigration lawyer can help you determine the best way to proceed with your case. Immigration attorneys can also help you prepare the necessary legal documents for your case. They will also be able to provide representation before an immigration judge in your hearing.
Non-citizens who have lawyers in immigration court prevail in more than 3 times as many cases as people without attorneys. If you are detained, you may be able to get a bond hearing if you can prove that you do not pose a threat and are not a flight risk. A top-rated immigration attorney can help you secure a bond hearing.
What is the Bond Hearing?
The Atlanta – Ted Turner Drive Immigration Court is part of the Executive Office for Immigration Review (EOIR) under the Department of Justice. The court is open to the public and has window filing hours from 8 a.m. to 4:30 p.m. However, it is important to contact DHS and the detention facility where the person is being held for information about any security requirements to enter the building.
At the Bond Hearing, a magistrate judge will see the person who is in custody. The judge will tell them what they are charged with and ensure that they know they have a right to a lawyer. The judge will also set a bond amount, which can be in the form of cash, property, or a surety bond where you hire a bail bonds company to post it on your behalf.
It is important to have an experienced bond hearing attorney who understands how to work with ICE in order to get the best possible outcome at your bond hearing. Your lawyer will need to show the judge that you are a good risk and that you should be released from detention.
What is the Appeal Hearing?
Once an immigration judge issues a decision in your case, the next step is to attend an appeal hearing. In the appeals hearing, the court will review the evidence submitted in your original petition and any factums (written arguments) you filed with the case. Typically, you cannot introduce new evidence during this process.
The Appeals Tribunal will send you a notice of the hearing with the date, time, and location (and issue(s) to be addressed). The Appeals Tribunal may schedule the hearing via telephone or in person at your request.
You should submit any relevant documents to the Appeals Tribunal and your opposing party before the hearing, including time cards, payroll, written warnings or reprimands, and medical records. Any witnesses you bring to the hearing should have first-hand knowledge of the facts in your case. You can also request that the Referee continue the hearing to allow you to present additional information or evidence. However, this must be done before the end of the allotted time.