What’s the difference between immigration court and deportation court?
Hi, I’m Jim Hacking, immigration lawyer practicing law throughout the United States out of our office here in St. Louis, Missouri.
I was speaking with a young man from Egypt the other day, and I was talking to him. He has a long-pending asylum case.
He applied for asylum four years ago, and he still hasn’t had an interview, and he was talking to me about suing on his asylum case.
And right now, we’re not filing lawsuits for delays on asylum cases, but in our conversation, I was explaining to him why he probably doesn’t want to sue. And the main reason is that if you sue on an asylum case and you lose, you end up in deportation court.
And he said, “Well, wait a minute. I’m not going to deportation court if I lose my asylum case. I’m going to immigration court.” And I said, “Sorry, sir. Those are the exact same thing.”
So the answer to the question that I asked at the start of the video is, there’s no difference between immigration court and deportation court.
In fact, you might hear it called removal court, and you might hear it called the executive office for immigration review.
Those are the different names for deportation court. But when you file for asylum, if you get asylum, you get admitted into the United States, and a year later, you can apply for a green card. If you don’t, you get sent to immigration court or deportation court. It’s the exact same thing.
So when you go to court, you’re going to receive a notice to appear, and it’s going to list all the allegations as to why you are deportable, and where the asylum appeal comes in is that you’ll have that as a defense, so you’ll admit or deny each of the allegations.
You are a citizen of Nigeria. You’re not a citizen of the United States. You entered the United States on this day. Your visa expired on this day. You have no basis to be here in the United States. And you’ll have to admit or deny those.
Then, you’ll raise your asylum defense when the judge asks for what relief are you seeking here in immigration court?
So he was a bit surprised to find out that immigration court, deportation court are the same thing, so I wanted to make this video to explain that for anybody else.
One thing I’ve learned in shooting these videos for these last five or six years is that if one person has a question, lots of people have that question, so there’s no such thing as a bad immigration question.
So we wanted to make this video for you so you understood that immigration court, deportation court, removal court, and the executive office for immigration review are all the same thing.
If you’re facing deportation, or if you have an asylum case that’s headed to immigration slash deportation court, give us a call at 314-961-8200.
You can email us at info@HackingLawPractice.com.
Be sure to join us in our Facebook group, which is called Immigrant Home. And if you liked this video, we ask that you please share it out on social so that you get updates whenever we make videos just like this one. Thanks a lot. Have a great day.