1. Purpose—Why You Are Filing This
- Goal: Tell the Immigration Judge (IJ) you oppose DHS’s Motion to Dismiss and transfer your case to expedited removal.
- Result you want: Judge denies DHS’s motion so your case stays in regular § 240 removal proceedings where you keep full due-process rights and can apply for relief (asylum, cancellation, etc.).
2. Timing—When to File & Serve
| If you already received DHS’s motion… | If you have not received DHS’s motion yet… |
|---|---|
| File & serve the Opposition right away—ideally at least a few days before your next hearing so the IJ can read it in advance. | Bring the Opposition with you to the hearing. If DHS surprises you with a dismissal request, you can hand the IJ and DHS a copy on the spot. |
3. What to Prepare Before Court Day
- Print three (3) copies of the Opposition:
- One for the Immigration Judge (original)
- One for the DHS attorney (ICE Office of Chief Counsel)
- One for your own records
- Sign and date each copy on the Signature and Proof-of-Service lines.
- Optional: Attach any exhibits you already have (e.g., receipts showing you filed an asylum application). Put an “Index of Exhibits” in front.
- Paperclip or staple each packet (Opposition + any exhibits).
- Bring a black or blue pen, photo ID, and the Notice to Appear (NTA) or last hearing notice.
4. Day-of-Court Step-by-Step
| Step | What to Do | Pro Tips |
|---|---|---|
| 1. Arrive early | Aim for 30–45 min before your hearing time. Go through security and locate the courtroom. | Dress neatly; silence your phone. |
| 2. Check in | Tell the court clerk or bailiff your name. Hand them the Judge’s copy of the Opposition. | Keep your copy handy for quick reference. |
| 3. Serve DHS | Find the DHS trial attorney (or their staff) in the courtroom hallway and hand them their copy. Politely say, “Here is my opposition.” | If you can’t find them, tell the IJ you tried; the clerk can serve it on the record. |
| 4. Wait to be called | Listen for your A-number or name. | Use the time to review key points (see § III of the Opposition). |
| 5. Address the Judge | When it’s your turn: • State your name for the record. • Say: “Your Honor, I filed and served my written opposition to DHS’s motion under 8 C.F.R. § 239.2(a)(7). I respectfully ask that the Court deny the motion for the reasons stated in my filing.” | Speak slowly, clearly, and respectfully. |
| 6. Respond to questions | The IJ or DHS may ask: • Have you filed or will you file relief applications? • Why is expedited removal harmful? • Do you need time to gather evidence? Answer honestly and refer to the written arguments. | It’s okay to look at your copy while answering. |
| 7. Note the decision | The IJ may rule right away or issue a written decision later. Write down any new dates or instructions. | Ask for clarification if you don’t understand next steps. |
5. After the Hearing
- If the motion is denied:
- The case moves forward to another Master Calendar or Individual (merits) Hearing.
- Follow any filing deadlines the IJ sets (e.g., for asylum Form I-589 or evidence).
- If the motion is granted:
- DHS may issue you a Form I-860 (expedited-removal order).
- You can request a “credible-fear interview” and may seek review by an Immigration Judge.
- Consider consulting an attorney or accredited representative immediately.
6. Common Pitfalls to Avoid
| Pitfall | How to Avoid |
|---|---|
| Missing proof of service | Sign the Proof-of-Service line and physically hand a copy to DHS (or ask the IJ to do it on the record). |
| Forgetting to sign/date | Sign and date every copy before you walk into court. |
| Arriving late | Plan for security lines, building entry, and courtroom location. |
| Arguing policy only | Point the IJ to § III arguments (legal standards + due-process impact). |
| Leaving without clarity | If confused about the next hearing date or filing deadline, politely ask the IJ before you leave. |
7. Quick Checklist
- 3 signed, dated copies of Opposition (Judge, DHS, personal)
- Optional exhibits + Index of Exhibits
- Photo ID, hearing notice, pen, notebook
- Arrive 30–45 min early
- Serve DHS copy before or during hearing
- State opposition clearly on the record
- Note any new deadlines or hearing dates
You’ve got this. Presenting a clear written opposition and speaking respectfully to the IJ can make a decisive difference in protecting your rights.