There are a lot of terms used in Immigration Court proceedings, and it can be confusing. Below are some of the common terms you will hear used. We have tried to give you the simple, plain language meaning of these terms.
DHS: Department of Homeland Security. The federal Department of Homeland Security is the parent agency for all Immigration matters, and people will sometimes say “DHS” when they mean − nonspecifically – “Immigration.”
ICE: Immigration and Customs Enforcement. ICE is the enforcement arm of DHS. Meaning, when people are going to be arrested for Immigration violations, it is ICE that will make the arrest. In this way, ICE is like the Immigration Police.
DRO: Detention and Removal. This is a department within ICE and often refers to the physical office where you may be required to report. In this way, DRO acts a lot like a probation office in the criminal courts. You may also be required to report to a separate location if you are required to wear an ankle monitor or bracelet monitor. Often times, DRO will give the task of monitoring to a private company.
EOIR: Executive Office of Immigration Review. This is formal title for the Immigration Court. Just so you are not confused, the Immigration Court is part of the U.S. Department of Justice and is a completely separate agency from DHS, ICE, or DRO. The idea is that EOIR (the Immigration Court) is independent, just like any other court. So, when you are in front of EOIR/Immigration Court you are supposed to be on equal ground with the people who are trying to remove you from the country. Whether this is true is perhaps subject to debate, but that is the idea, anyway. The reason it is important to understand that EOIR/Immigration Court is independent of DHS is that merely reporting to DHS is not the same as reporting to EOIR/Immigration Court. In other words, if you have a deadline with EOIR/Immigration court, you cannot deliver documents to DHS and expect that it is the same as delivering them to EOIR/Immigration Court.
OPLA/TRIAL Attorney: OPLA refers to the “Office of the Principal Legal Advisor.” The term “Trial Attorney” refers to the same thing. The OPLA Attorney/Trial Attorney is the attorney for DHS who is trying to have you removed from the United States. In this way, they are like a prosecutor in a criminal matter. You must be careful about what you tell this individual because they can use your statements against you. This person is not on your side but may pretend to be.
A-NUMBER: Also known as Alien Registration Number/Alien Number (A-Number or A#): This is the unique number that should appear on your Immigration Court documents. It is how EOIR/Immigration Court will find you in its system. It should look something like A011-111-111 or A11-111-111. It is generally a seven- or eight-digit number which follows the letter A.
NTA: Notice to Appear. This the document that you are given which commences, or begins, your removal proceedings. IMPORTANT: You must review this document carefully to ensure that all of the information is correct. We will discuss the NTA elsewhere on this page. But if the NTA does not have a date and time of your Immigration Hearing, you must tell the Judge, because you may be able to argue that your proceedings must be dismissed.
HEARING NOTICE. This is a notice that the Immigration Court will send to you telling you when you MUST appear for your next Immigration Court hearing. It will also contain important information about the consequences, or what could happen to you, if you do not appear. The consequences are very bad, so do not forget and miss this court date.
MASTER CALENDAR HEARING: The Master Calendar hearing is a hearing (or hearings) before the hearing that will decide your case. It is where the Immigration Judge hears preliminary, or introductory, matters and accepts applications prior to setting the hearing for deciding your case. There may be several master calendar hearings before your final hearing.
BIOMETRICS: This is where the DHS collects your fingerprints and checks your background. At a Master Calendar Hearing, the Immigration Judge will order a date by which you must get your biometrics filed. IMPORTANT. When the Immigration Judge orders biometrics, ask how and where to get the biometrics taken. This is because the process and location often change, and you want to make sure you don’t miss this important appointment.
INDIVIDUAL/MERITS HEARING: People will use these terms inter-changeably. Both mean the same thing; it is when the Immigration Court will decide your case. At this hearing you will present evidence and make arguments why the Immigration Judge should grant your application status in the United States (i.e. Asylum, Cancellation of Removal). In that regard, it is the most important hearing for your ability to remain in the United States.
REMOVAL/DEPORTATION: Removal is the modern term to mean that you are being ordered to leave the United States. Deportation is the old term (for Immigration Court proceedings prior to April 1997). Regardless, both terms mean the same thing. You must leave the country. However, a lot of immigrants have orders of removal, but have not left for one reason or another. Until you leave the country, the order is not “executed,” which means satisfied. It also means, that under certain circumstances, you can seek to reopen the order of removal. It also means you are officially here illegally.
RESPONDENT: Means the person who must appear in front of the Immigration Judge. It is a legal term that can be confusing. But if you are in Removal/Deportation proceedings, you are the “respondent,” along with any other family members who are also in Removal/Deportation proceedings. In Immigration Court you will often hear the Immigration Judge refer to you as the “respondent” when dictating his or her decision into the microphone.
ALIEN: Is an old term which refers to Immigrants. It’s being used less and less, but if you hear yourself referred to as an “alien” it doesn’t mean you are from another planet; it just means you are not from the United States.
SUPPLEMENTAL FILING: This means the documents that you will submit to the Immigration Court. Elsewhere on this website we will provide you with examples of a “Supplemental Filing” and what type of documents are generally included.
CALL UP: This is the date the Immigration Judge will give you to file certain applications and documents with the Court. This is an important date because if you miss the date or file late, you may not be allowed to submit those applications and documents at the time of your Individual/Merits hearing.
CHECK-IN WITH ICE: This term means just what it sounds like. This is when you must report to ICE, typically the Detention and Removal Office (DRO). This process is independent of the Immigration Court.
I-589 ASYLUM APPLICATION: This is the application to be filed if you are afraid of being returned to your home country. IMPORTANT: It must be filed within one year of your arrival in the United States. The application for asylum is often referred to by its government form number − “Form I-589.” It means the same thing as asylum.
FORM 42B CANCELLATION OF REMOVAL: This is the application that people may file to stay in the U.S. if they are in Removal/Deportation proceedings after they have lived in the United States for more than 10 years and have a United States Citizen or Permanent Resident (Green Card Holder) spouse, parent, or child under the age of twenty-one (21) years.
ADJUSTMENT OF STATUS: This is the term used for when you change from one immigration status to another. Most commonly, however, it means when you get your Green Card.
EXPEDITED REMOVAL: Refers to an encounter at a U.S. border or airport and you have a short proceeding to decide whether you can remain or must leave. If at some point in your past, you tried to come to the United States and were turned back, you may be ineligible for certain relief in front of the Immigration Judge. It is an important issue that we will try to give you more information on elsewhere on this webpage.
RE-INSTATEMENT: If you have been in front of the Immigration Judge before, DHS may try to re-instate that old order. The practical effect of this “re-instatement” is that you may not be eligible for certain relief in front of the Immigration Judge.