Asylum hearing with judge in another state: WebEx or in person?
What happens when your immigration judge is in a different city? Attorney Ilya Fishkin explains whether your asylum hearing will be via WebEx or in person.
Asylum hearing with judge in another state: WebEx or in person?
When immigrants receive a notice for an asylum hearing and see that the judge is located in a completely different city or state, it often causes confusion and anxiety. Does that mean the hearing will be held remotely? Will you need to travel? Understanding how this works can help you prepare and avoid unnecessary stress.
What the attorney says
According to immigration attorney Ilya Fishkin, the fact that a judge is sitting in another city does not automatically mean your hearing will take place over WebEx or any other video platform. This is a common misconception that can catch people off guard.
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Attorney Fishkin explains that your hearing notice will specify what type of hearing it is — whether it is a Master Calendar hearing or an Individual hearing. If your notice indicates an Individual hearing, that is most likely going to be conducted as an individual hearing, regardless of where the judge is physically located.
The key point Fishkin emphasizes is this: even when the judge is in a different city, the realistic scenario is that you will still be required to appear in person at the court, while the judge participates remotely via WebEx. In other words, the physical location of the judge does not shift the burden of appearance away from you — you are still expected to show up at the courthouse.
What to do
Because the specifics of your hearing format depend on what is written in your notice and the particular court's procedures, here are safe, general steps to take:
- Read your hearing notice carefully. Check whether it says "Master Calendar" or "Individual" hearing — this distinction matters and is stated on your notice.
- Do not assume the hearing is remote just because the judge is in another state. Plan for the possibility that you will need to appear in person at your local immigration court.
- Consult with an immigration attorney. The format of hearings — in-person, WebEx, or hybrid — can vary. An attorney familiar with your specific court can clarify exactly what is expected of you.
- Confirm the hearing format in advance. If you are unsure whether your hearing will be in person or via video, contact the court or have your attorney do so before the hearing date.
FAQ
Q: If the judge is in a different state, does that mean my hearing will be on WebEx? A: Not necessarily. As attorney Fishkin explains, the judge being in another city does not mean the hearing will automatically be remote. You may still be required to appear in person at the courthouse, with the judge joining via WebEx.
Q: How do I know if my hearing is a Master Calendar or an Individual hearing? A: It will be written on your hearing notice. Attorney Fishkin notes that this information is specified directly on the notice you receive.
Q: If my notice says "Individual hearing," what does that mean for the format? A: According to Fishkin, if your notice indicates an Individual hearing, it is most likely going to proceed as an individual hearing — the judge's remote location does not change that classification.
Based on an interview with immigration attorney Ilya Fishkin, NY Bar. This information is for general purposes only and is not legal advice.