Merits Hearing to Stop Removal

If a respondent makes an application for relief from removal upon appearing at the removal hearing, also referred to as the master hearing, then the immigration judge will set a new date to rule on the merits on the application for relief, commonly called the merits hearing. At the merits hearing (individual hearing) the respondent will have the opportunity to present his or her case based on documentary evidence. In order to expedite the process, the courts normally require that you submit the supporting evidence for your application prior to the date of the merits hearing. During the hearing, the respondent will also have the opportunity to testify on his or her behalf in support of the evidence presented. Moreover, respondents can call witnesses to bolster their case. However, the prosecuting attorney for the Department of Homeland Security “DHS” may also question the respondent, if they choose to testify, and any of the respondent’s witnesses. In some cases, the DHS will even call its own witnesses to testify and often contradict or impeach the testimony and evidence of the respondent. In this sense the merits hearing is very similar to a trial in criminal court and it is strongly recommended that a respondent seek the advice and representation of an immigration attorney to effectively advocate the elements and strengths of their case. At the conclusion of the merits hearing, the immigration judge will normally render a decision. Typically the decision is oral and given on the same day as the merits hearing, but the judge can choose to give a written opinion and serve it by mail to all the parties.

If the immigration judge denies the respondent’s application for relief from removal, you may still have some options. A respondent can appeal the decision of the judge to the Board of Immigration Appeals (“BIA”) within 30 days of the date of the ruling. The removal proceedings will then proceed at the appellate level at the BIA. However, once a final order of removal has been issued by an immigration judge, you can technically be arrested and deported from the United States at any time that is why it is recommended that you file an application for Stay of Removal while the appeal is pending. If no appeal is filed and the immigration judge has ordered a respondent to be removed, the order removing the respondent becomes final 30 days after it has been entered by the immigration judge. To learn more about how an immigration attorney can help you and your family during a removal hearing, contact our office at (732) 450-8300 today for a free initial consultation regarding the circumstances of your case.