THE OKLAHOMA BAR JOURNAL 10 | OCTOBER 2025 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 Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.
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