The Pandemic and the Portland Immigration Court
If you have a removal defense case before the Portland Immigration Court, you are probably wondering two things: (1) When will the court reopen; and (2) How will the closure impact my case. For the first question, the answer is that we don’t know. Courts around the country are announcing updates as they make decisions and we post updates on Facebook, Instagram, and Google Page as we learn them. The Immigration Court in Portland, Oregon has no firm date for reopening. For the second question, I would expect delays.
The Immigration Court in Portland, Oregon is closed through and including July 31, 2020. We receive updates approximately twice per month regarding its operational status. When the Immigration Court is able to reopen, it will be a phased reopening to comply with physical distancing and other safety requirements. In Phases 1 and 2, the court will reopen for Individual Hearings only. That means there will be no Master Calendar Hearings during Phase 1 or Phase 2. For the Individual Hearings, the court will only be hearing two hearings per day during Phase 1. One judge will preside over a hearing in one courtroom, the attorney for the Office of Chief Counsel will appear via video from a different courtroom, and Respondents and their attorneys will appear via video from a third courtroom. The court will be thoroughly cleaned during the mid-day break and then resume in the afternoon for a second hearing. Masks will be mandatory at all times including when Respondents testify.
During Phase 2, two to three judges will conduct Individual Hearings every day and the judges may be in the same room as Respondents. Phase 3 will have Master Calendar Hearings scheduled in addition to Individual Hearings. There is no date set or an estimated timeframe for any of these phases.
The phased reopening means that your case will be delayed. If you had a hearing that was cancelled due to the pandemic, we are not certain at this point how long your case will be delayed because the court is not even open yet. However, we can still submit motions, applications, and notices to the court. If you had a hearing that was cancelled, it should be rescheduled automatically during the appropriate phase. It is very important that the court always has your current address. If you moved, please contact us and we can help you update your address with the court.
