Understanding the intricacies of immigration court proceedings is essential for immigration attorneys representing clients in Oklahoma, a state with a growing immigrant population. This article aims to demystify the two primary types of hearings in immigration court – master calendar hearings and individual hearings – and provide practical insights for practitioners whose clients' cases are assigned to courts outside Oklahoma, primarily the Dallas Immigration Court.

WHAT ARE IMMIGRATION COURTS?

Immigration courts are specialized courts under the Executive Office for Immigration Review (EOIR), a branch of the U.S. Department of Justice. These courts conduct removal proceedings to determine whether a noncitizen (referred to as the "respondent") can remain in the United States or must be removed. The proceedings are adversarial, involving an immigration judge, a government attorney from the Department of Homeland Security (DHS) and the respondent and their legal representative.

RIGHT TO COUNSEL

It's crucial to note that respondents in immigration court do not have the right to a government-funded attorney, regardless of their age or whether they are unaccompanied minors. As a result, many respondents, including vulnerable populations like minors, must navigate complex legal processes without legal representation unless they can secure private counsel or pro bono assistance.

THE ABSENCE OF AN IMMIGRATION COURT IN OKLAHOMA

Oklahoma does not have its own immigration court. As a result, respondents residing in Oklahoma typically have their cases assigned to the Dallas Immigration Court in Texas. This situation presents unique logistical and legal challenges for both attorneys and clients, including travel considerations and familiarity with the procedures of an out-of-state court.

MASTER CALENDAR HEARINGS

Purpose and Procedure

A master calendar hearing is a preliminary, brief proceeding where the immigration judge manages the progress of a case. Key activities during this hearing include:

• Confirming the respondent's identity and address
• Reviewing the notice to appear (NTA) to ensure it meets legal requirements
• Handling pleas to the allegations and charges
• Setting deadlines for applications and evidence submission
• Scheduling the date for the individual hearing

What Oklahoma Attorneys Need To Know

Travel logistics. Since the hearings are held in Dallas, plan for travel time and expenses. Ensure that both you and your client can appear in person or request a telephonic or video appearance if permitted.

Timeliness and preparation. Arriving early is crucial. The Dallas Immigration Court handles a large docket, and delays can negatively impact your client's case.

Language considerations. If your client requires an interpreter, the court will provide one. Confirm the need for specific language services in advance to prevent delays.

Document submission. Familiarize yourself with the Dallas court's requirements for submitting documents. Not all immigration cases are eligible for electronic filing via the EOIR Courts & Appeals System (ECAS).

Specific Considerations for Oklahoma Practitioners

Interstate practice. Ensure you are authorized to practice in the immigration court, specifically that you are registered with the EOIR. Immigration law is federal; thus, attorneys licensed in any U.S. jurisdiction can represent clients, but you must comply with the court's local rules.

Client support. Assist your client in understanding the necessity of attending hearings out of state and explore options for minimizing travel burdens, such as requesting venue changes or telephonic or video appearances when appropriate.

INDIVIDUAL HEARINGS

Purpose and Procedure

An individual hearing is a merits hearing where the immigration judge makes a substantive decision on the case. It involves:

• Presentation of detailed testimony by the respondent
• Examination and cross-examination of witnesses
• Submission of evidence and legal arguments from both parties

What Oklahoma Attorneys Need To Know

Thorough preparation. Develop a compelling case narrative, supported by credible evidence and relevant legal precedents.

Witness coordination. Coordinate the appearance of witnesses, who may also need to travel to Dallas.

Understanding court expectations. Familiarize yourself with the preferences and expectations of the Dallas Immigration Court judges to tailor your case presentation effectively.

Specific Considerations for Oklahoma Practitioners

Scheduling challenges. Be aware that individual hearings may be scheduled months or years in advance due to court backlogs. Maintain regular communication with your client during this period to keep them informed and engaged.

TYPES OF RELIEF AVAILABLE IN IMMIGRATION COURT

During removal proceedings, respondents may apply for various forms of relief to prevent deportation. Understanding these options is crucial for effective representation.

Asylum, Withholding of Removal and CAT Protection

Asylum. Asylum is available to those who have suffered past persecution or have a well-founded fear of future persecution in their home country based on race, religion, nationality, membership in a particular social group or political opinion.

Withholding of removal. This is similar to asylum, but it has a higher burden of proof and does not lead to permanent residency.

Protection Under the Convention Against Torture (CAT). CAT protection is for individuals who can prove they are more likely than not to be tortured if returned to their home country.

Cancellation of Removal

For lawful permanent residents (LPRs). LPRs who have resided in the U.S. for a certain period and meet specific criteria can apply to cancel their removal.

For nonpermanent residents. This requires continuous physical presence in the U.S. for at least 10 years, good moral character and proof that removal would result in exceptional and extremely unusual hardship to a U.S. citizen or LPR spouse, parent or child.

Adjustment of Status

Eligible respondents are allowed to become lawful permanent residents without leaving the United States through adjustment of status. This typically involves having an approved visa petition and being admissible to the U.S.

Voluntary Departure

This permits the respondent to leave the U.S. voluntarily by a specific date, avoiding a formal removal order, which can have less severe immigration consequences.

PROSECUTORIAL DISCRETION

Prosecutorial discretion refers to the authority of DHS and its immigration enforcement agencies to decide whether to enforce or not enforce immigration laws against a person or group of people. This discretion can be exercised at any stage of the immigration enforcement process and can result in various outcomes, such as:

• Termination of proceedings: The government attorney may move to dismiss the case, effectively ending removal proceedings against the respondent
• Administrative closure: Temporarily halting proceedings without a final decision, which can be reopened at a later date
• Stipulations to relief: Agreeing to certain forms of relief or not contesting applications for relief sought by the respondent

Prosecutorial discretion is especially important given the limited resources of immigration courts and enforcement agencies. It allows DHS to prioritize cases that align with current enforcement priorities, such as those involving national security, public safety or border security concerns. It also allows for respondents with the following relief the opportunity for U.S. Citizenship and Immigration Services (USCIS) to adjudicate their applications prior to an immigration judge making a removability finding.

Special Forms of Relief for Vulnerable Populations

Special immigrant juvenile status (SIJS). For minors who have been abused, abandoned or neglected by one or both parents.

U visas. For victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement.

T visas. For victims of human trafficking.

How To Request Prosecutorial Discretion

Attorneys can request prosecutorial discretion on behalf of their clients by:

• Submitting a formal request: Emailing the corresponding Office of the Principal Legal Advisor (OPLA) outlining the factors that warrant discretion
• Highlighting positive equities: Presenting compelling humanitarian factors, such as long-term residence in the U.S., family ties, employment history, community involvement or severe medical conditions
• Demonstrating low enforcement priority: Arguing the client does not fall within the categories prioritized for removal under current DHS guidelines

Considerations for Oklahoma Practitioners

Timeliness. Requests for prosecutorial discretion should be made as early as possible in the proceedings. However, in the Dallas Immigration Court, it is common not to receive a response until a court date is near.

Documentation. Provide thorough documentation to support the request, evidence of relief filed with USCIS, affidavits, letters of support, medical records and any other relevant evidence.

Coordination with DHS counsel. Engage in professional dialogue with the DHS attorney assigned to the case to discuss the possibility of exercising discretion.

CONFIDENTIALITY AND ATTORNEY-CLIENT PRIVILEGE

Effective representation depends not only on legal knowledge but also on ensuring that clients trust you with sensitive information. When working with non-English-speaking clients, particularly those with limited familiarity with the U.S. legal system, maintaining confidentiality requires extra care.

Attorney-Client Privilege Under ORPC Rule 1.6

All communications between attorney and client are privileged. Under the Oklahoma Rules of Professional Conduct (ORPC) Rule 1.6, attorneys must safeguard any information relating to the representation of a client and may not reveal such information without informed consent.

Use of Qualified Interpreters

Only engage interpreters or translators who:

• Are impartial (no conflicts of interest)
• Are proficient in both English and the client’s language, including any specific dialect or indigenous language
• Understand legal terminology sufficiently to avoid inadvertent disclosure or distortion of privileged information
• Are not family members or friends, as this may lead to bias or breaches of confidentiality

Supervision of Nonlawyers (ORPC Rule 5.3)

Attorneys must supervise nonlawyer translators and interpreters to ensure they understand and commit to preserving client confidentiality. This may include:

• Having the interpreter sign a confidentiality acknowledgment
• Briefing the interpreter on privilege obligations before any substantive discussion
• Considering asking your client to sign a release when working with interpreters and translators

Document Translation and Storage

When translating documents (e.g., affidavits, country-conditions reports, etc.), translators must include a certificate of translation. Keep all translated and original documents in secure, access-restricted folders (paper or electronic).

Client Reassurance

Explain confidentiality protections in plain language, ensuring the client understands that what they tell you remains private unless they authorize disclosure and that even when using an interpreter, the interpreter is ethically bound to maintain confidentiality. This reassurance helps build trust and encourages clients to share complete, candid information necessary for strong advocacy.

PRACTICAL TIPS FOR PRACTITIONERS REPRESENTING OKLAHOMA RESIDENTS

Stay Informed

Keep up to date with EOIR announcements and changes in immigration law that may affect your client's case.

Network

Connect with immigration attorneys in both Oklahoma and Texas to share insights and strategies.

Cultural Competency

Understand your client's cultural background to enhance communication and strengthen your case presentation.

CONCLUSION

Navigating immigration court hearings for Oklahoma residents requires a blend of legal expertise, logistical planning and cultural sensitivity. By thoroughly preparing for master calendar and individual hearings and understanding the procedures of the Dallas Immigration Court, attorneys can effectively advocate for their clients despite the geographical challenges.

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2025 UPDATE: DHS ENFORCEMENT PRIORITIES – PROSECUTORIAL DISCRETION UNAVAILABLE

Following 2025 changes rescinding prior DHS/EOIR prosecutorial discretion guidance and tightening enforcement, OPLA is no longer entertaining requests for prosecutorial discretion (e.g., dismissals, administrative closures or continuances). Practitioners should proceed on the assumption that prosecutorial discretion will not be granted.

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ABOUT THE AUTHOR

Yovana Lopez Medina is an immigration attorney at Michael Brooks Jimenez PC, representing Oklahomans in family-based immigration, humanitarian relief and removal defense. A graduate of the OCU School of Law, she led the Immigration Legal Society and the Hispanic Law Student Association and served on the Dean’s Diversity Council. She volunteers widely and serves as board secretary for Bottom Rail History. She was inducted into the OCCC Alumni Hall of Fame in 2024 and recognized as a NextGen Under 30 winner in 2023.