Can I Get an Internet-Based (Remote) Immigration Hearing?

By Donald J. Melancon, Attorney at Law

Getting to the New Orleans Immigration Court can be difficult — especially if you have moved, work far away, or have transportation or health challenges. A common question is whether an immigration hearing can be handled online instead of in person. The short answer is that some hearings can be conducted by video or over the internet, but whether that option is available in your case depends on current court policy and the judge assigned to your case. This article explains the basics; it is not legal advice about your situation.

In-person, video, and internet-based hearings

Immigration hearings before the Executive Office for Immigration Review (EOIR) may take several forms:

• In person at the immigration court.
• By video, where a party or the judge appears over a video connection between courtrooms or facilities.
• Internet-based hearings, where participants join a hearing remotely from their own location using an online platform.

The availability of each format has changed over time as EOIR has updated its procedures, so what was true a year ago may not be the current rule.

Who decides whether you can appear remotely

Under current EOIR policy, whether a hearing is held remotely is generally a matter of the court’s discretion. The immigration judge assigned to your case decides how the hearing will be conducted, taking into account the type of hearing, the court’s resources, and the circumstances of the case. In other words, a remote appearance is something you can request — but it is not automatic.

How to request an internet-based hearing

If appearing remotely would help you participate meaningfully, the proper approach is a written request to the court explaining why. A request is more persuasive when it is specific — for example, describing a genuine hardship — and when it is filed well before the hearing date rather than at the last minute. Because the request must follow the court’s procedures, this is an area where having a lawyer file the motion correctly can make a real difference.

Tips for a remote hearing

• Test your technology in advance — your device, camera, microphone, and internet connection.
• Find a quiet, private space where you will not be interrupted and where you can speak freely.
• Have your documents ready and organized so you can refer to them.
• Request an interpreter ahead of time if you are more comfortable in another language.
• Join early in case there are connection problems.

Do not skip a hearing over technology

Whatever the format, the most important thing is that you appear. Failing to attend a scheduled hearing — in person or online — can result in an order of removal entered in your absence. If you are unsure how your hearing will be conducted, or you are having trouble with the technology, do not simply stay away; contact the court or your attorney right away. For more on your first appearance, see our article on what happens at a master calendar hearing.

For purposes of compliance with the Louisiana Rules of Professional Conduct, the attorney responsible for this content is Donald J. Melancon (105 Field Street, Belle Chasse, Louisiana 70037).