At a time when more immigrants are afraid to show up at the Immigration Court in Charlotte and others around the country because of the arrests being made by ICE, there is a way to avoid going to this court and that is through a video call hearing.
A video call hearing, via Webex, allows immigrants to attend their immigration court summons remotely, either because they are afraid to appear in person for health, safety or transportation reasons.
To know in which cases, which people can request this type of hearing, how to request it, among other questions, Enlace Latino NC He consulted immigration lawyer Andrés López, who has his office Lopez Law Firm on the first floor of the Immigration Court in Charlotte Located at 5701 Executive Center Drive, east of the city.
When can you request a video call hearing?
To make a request or motion for a hearing by video call, you need to understand how the immigration system and immigration court work.
“Each person comes to court with the judge assigned to their case. Some judges are here in person, so they have to appear in person, and some judges are in another state and automatically do so via video call,” López said.
It also happens that there are jueces who conduct their preliminary hearings in person, while the immigrant's lawyer is on video call.
“After a preliminary hearing where the person must answer the pleas for appearance, and once they answer the pleas and request relief such as asylum or cancellation of removal, the court then decides whether to reassign the case to judges located in Richmont, Virginia. The hearing would then be held via video call, and it's automatic,” the attorney explained.
According to Lopez, after the preliminary hearing, if a person chooses to avoid going to their next hearing in person, it is best to hire a lawyer to make a motion for a hearing by video call.
Related: What rights do you have in immigration court and how can you enforce them?
Who can request a hearing by video call?
Attorney López said that anyone who has a hearing before an immigration judge can request a hearing via video call.
“It doesn't matter if it is asking for asylum, cancellation of removal, or adjustment of status, they can request a hearing by video call, or by Webex, which is the application they have,” López indicated.
López clarified that the request or motion to request a hearing by video call must have a valid reason, and the decision to accept it is up to the judge.
Related: Severe Shortage of Legal Representation in North Carolina Immigration Cases
How to do it
López said that when deciding to request a motion for a hearing via video call, the person has the option of doing so with an attorney or on their own, but it requires that they have the knowledge to do so.
"A lawyer "You already know how to make a motion to request a hearing via video call. If you want to do it without a lawyer, you have to know how to make a motion using the rules in the Immigration Court manual," he warned.
The attorney said he is unaware that there is a type of motion for people who choose to represent themselves to file with the court.
"But if they do, they must submit it in advance, at least 15 days in advance, but preferably more than 30 days in advance, so that the judge has time to respond to the motion and grant it," he explained.
To request a motion for a hearing by video call, the immigrant must attach evidence to support their request, such as a medical letter, proof of distance, affidavit, death certificate, among others.
Has there been an increase in requests for video call hearings?
According to lawyer López, as a result of the arrests that Immigration and Customs Enforcement agents (ICE), have been conducting at the courthouse since mid-May, have seen increased interest from their clients in using this method.
“People are calling me to hire me to make motions to attend their hearings via video call, and my clients are also asking me to do so,” he said.
Related: Where can I find organizations that provide legal assistance to immigrants in North Carolina?
Common reasons for requesting a video hearing
The following are some of the most common reasons for requesting this online Immigration Court hearing method:
- Health problems (pregnancy, disabilities, chronic diseases)
- Lack of transportation or living too far from the court
- Death of a family member, close friend, pet
- Mental disorders or severe anxiety
- Fear of being arrested by ICE upon arriving at court (in cases with a prior warrant or at risk)
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