Fishkill, New York
The Imperial Immigration Court falls under the jurisdiction of the Office of the Chief Immigration Judge, which is a component of the Executive Office for Immigration Review under the Department of Justice.
The U.S. Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE) are part of the Department of Homeland Security (DHS) and are therefore separate from the Executive Office for Immigration Review (EOIR). For more information about those DHS offices, please see the following links:
- USCIS Asylum Office (New York)
- USCIS field office
- ICE Enforcement and Removal Operations Field Office
- ICE Office of the Chief Counsel
News Media/Congressional Inquiries: News media and congressional inquiries regarding the immigration court must be directed to the EOIR Communications and Legislative Affairs Division (CLAD):
Communications and Legislative Affairs Division
5107 Leesburg Pike, Suite 1902
Falls Church, VA 22041
ABOUT THE COURT
Downstate Correctional Facility
121 Red Schoolhouse Road
Fishkill, NY 12524
Please see Google Maps for a map and directions to the immigration court.
Monday - Thursday: 7:30 a.m. - 5:00 p.m., Friday: 7:30 a.m. - 4:00 p.m.
There is no public window.
The immigration court does not accept faxes or other electronic submissions unless the transmission has been specifically requested by the immigration court staff or the immigration judge. Unauthorized transmissions are not made part of the record and are discarded without consideration of the document or notice to the sender.
Parking is available in front of the building in the Visitor Parking area.
If traveling from the NYC area: Take the Hudson Division Metro North rail service to the Beacon station. http://www.mta.nyc.ny.us/mnr/html/mnrmap.htm. Taxis can be taken from the Beacon station to the facility. Be sure to specify that you are going to the Downstate Correctional Facility (sometimes confused with the nearby Fishkill Correctional Facility).
Building Access and Security Screening Process:
All visitors are required to check in and sign-in with the lobby attendant. Immigration court visitors and attorneys must not remain in the lobby area or near the entrance doors of the building, as it is a violation of the building policy. If you must meet your client(s) prior to the scheduled immigration court hearing, please inform the security officer who will direct you to the pro bono room.
All visitors, including attorneys, are subject to NYSDOCS' security rules and screening. "Gate Clearances" are required to enter the facility. The court will assist you in obtaining a gate clearance if you notify us in writing the court at least seven (7) days prior to the hearing. Please list the name of each person who wishes to attend the hearing and their relationship to the respondent (examples are: friend, mother, etc.). Also list the respondent's name and alien number (A#) and the telephone number of at least one of the attendees so that we may contact you in the event the hearing is postponed. Failure to follow this procedure may result in denial of admission to the facility. For attendees under the age of 16, will not be permitted in the correctional facility.
On the day of the hearing please make sure that you bring a valid photo identification for each person who will be attending the hearing. Plan to arrive at least 30 minutes prior to the scheduled start of the hearing to ensure sufficient time for security screening.
All persons must be dressed appropriately (inappropriate attire includes see-through clothing, bare midriffs or backs, plunging necklines, short shorts/skirts, etc). Items prohibited from the facility include prescription drugs, cell phones, tablets, laptop computers, beepers, Fitbits, any electronic devices, briefcases, purses, glass bottles or anything deemed a potential weapon. All visitors must pass through a metal detector and are subject to a search of their person as a condition of admittance.
IMMIGRATION COURT STAFF
Regina Rau (Acting)
IMMIGRATION COURT PROCEDURES
For information regarding procedures for practice before the immigration courts, please review the Immigration Court Practice Manual.
- Holidays and Emergencies: The immigration court is open Monday to Friday except for federal holidays. The Office of Personnel Management publishes a list of the observed dates of every federal holiday by year online at this link: OPM holidays. Additionally, the court may have to unexpectedly close due to inclement weather or another emergency. When necessary, information on immigration court closures or changes to the immigration court’s operating hours is available at the following links: (1) Twitter and (2) Facebook.
- eRegistry: Attorneys and accredited representatives are required to register with EOIR in order to represent aliens in immigration court. More information is available at the following link: eRegistry Notice (New York).
- Legal Self-Help Center: The EOIR, Office of Legal Access Programs has created numerous self-help materials with many helpful resources for respondents, including information on what to do if respondents have moved or missed a hearing.
- Notarios: EOIR warns respondents about immigration fraud perpetrated by notarios who claim to provide legal assistance but are unable to represent respondents in immigration court, provide legal services, or give legal advice. For more information, please see the following documents:
- EOIR Notice, “Do Not Be a Victim of Immigration Fraud: ‘Notarios,’ Visa Consultants, and Immigration Consultants are NOT Attorneys – They CANNOT Represent You in Immigration Court” (July 22, 2009).
- Fact Sheet, “EOIR’s Programs to Fight Fraud, Abuse, and Ineffective Representation in Immigration Proceedings” (March 2016).
- Appeals: Immigration court decisions are first appealable to the Board of Immigration Appeals (BIA). Instructions on how to file an appeal and the Appeals Form EOIR-26, Notice of Appeal from a Decision of an Immigration Judge, are available online in the E-26 and appeal instructions. The BIA website contains more information on the appeals process and procedure.
- Virtual Law Library: The EOIR Virtual Law Library (VLL) contains many other legal resources and country conditions research resources as well as other reference materials.
- Observing court: Generally, immigration court proceedings are open to the public. An overview of when immigration court hearings might be closed as well as general guidelines for behavior when observing immigration court hearings are available at the following link: Observing Immigration Court Hearings. Note, the use of electronic devices, including audio/visual recordings of hearings and taking photographs, is prohibited in immigration court.