Individual Calendar Hearing in the United States
Individual Calendar Hearing in relation to Immigration Courts
(information based on the DoJ Manual)
Generally
Evidentiary hearings on contested matters are referred to as individual calendar hearings or merits hearings. Contested matters include challenges to removability and applications for relief.
Filings
The following documents should be filed in preparation for the individual calendar hearing, as necessary. Parties should note that, since Records of Proceedings in removal proceedings are kept separate from Records of Proceeding in bond redetermination proceedings, documents already filed in bond redetermination proceedings must be re-filed for removal proceedings. See (in this American law platform, in relation to immigration courts and judges) Bond Proceedings.
Applications, exhibits, motions
Parties should file all applications for relief, proposed exhibits, and motions, as appropriate. All submissions must comply with the deadlines and requirements for filing. See (in this American law platform, in relation to immigration courts and judges) Filing with the Immigration Court.
Witness list
If presenting witnesses other than the respondent, parties must file a witness list that complies with the requirements of Witness lists (see). In addition, the witness list must comply with the deadlines and requirements for filing. See (in this American law platform, in relation to immigration courts and judges) Filing with the Immigration Court.
Criminal history chart
When submitting documents relating to a respondent’s criminal arrests, prosecutions, or convictions, parties are encouraged to use a criminal history chart and attach all pertinent documentation, such as arrest and conviction records. For guidance on submitting a criminal history chart, see (in this American law platform, in relation to immigration courts and judges) Criminal conviction documents. For a sample, see (in this American law platform, in relation to immigration courts and judges) Sample Criminal History Chart. Parties submitting a criminal history chart should comply with the deadlines and requirements for filing. See (in this American law platform, in relation to immigration courts and judges) Filing with the Immigration Court.
Opening the individual calendar hearing
The Immigration Judge turns on the recording equipment at the beginning of the individual calendar hearing. The hearing is recorded, except for off-the-record discussions. See (in this American law platform, in relation to immigration courts and judges) Record. On the record, the Immigration Judge identifies the type of proceeding being conducted (e.g., a removal proceeding); the respondent’s name and Alien (person who is not a citizen or national of the United States) registration number (“A number”); the date, time and place of the proceeding; and the presence of the parties. The Immigration Judge also verifies the respondent’s name, address, and telephone number. If the respondent’s address or telephone number have changed, the respondent must submit an Alien’s Change of Address Form (Form EOIR-33/IC).
Conduct of hearing
While the Immigration Judge decides how each hearing is conducted, parties should be prepared to:
- make an opening statement
- raise any objections to the other party’s evidence
- present witnesses and evidence on all issues
- cross-examine opposing witnesses and object to testimony
- make a closing statement.
Witnesses
All witnesses, including the respondent if he or she testifies, are placed under oath by the Immigration Judge before testifying. If necessary, an interpreter is provided. See (in this American law platform, in relation to immigration courts and judges) Interpreters, and Other requests. The Immigration Judge may ask questions of the respondent and all witnesses at any time during the hearing. See (in this American law platform, in relation to immigration courts and judges) INA § 240(b)(1).
Pro se respondents
Unrepresented (“pro se”) respondents have the same hearing rights and obligations as represented respondents. For example, pro se respondents may testify, present witnesses, cross-examine any witnesses presented by the Department of Homeland Security (DHS), and object to evidence presented by DHS. When a respondent appears pro se, the Immigration Judge generally participates in questioning the respondent and the respondent’s witnesses. As in all removal proceedings, DHS may object to evidence presented by a pro se respondent and may cross-examine the respondent and the respondent’s witnesses.
Decision
After the parties have presented their cases, the Immigration Judge renders a decision. The Immigration Judge may render an oral decision at the hearing’s conclusion, or he or she may render an oral or written decision on a later date. See (in this American law platform, in relation to immigration courts and judges) Immigration Judge decisions. If the decision is rendered orally, the parties are given a signed summary order from the court.
Appeal
The respondent and the Department of Homeland Security have the right to appeal the Immigration Judge’s decision to the Board of Immigration Appeals. See (in this American law platform, in relation to immigration courts and judges) Appeals of Immigration Judge Decisions. A party may waive the right to appeal. At the conclusion of Immigration Court proceedings, the Immigration Judge informs the parties of the deadline for filing an appeal with the Board, unless the right to appeal is waived. See (in this American law platform, in relation to immigration courts and judges) Waiver of Appeal. Parties should note that the Immigration Judge may ask the Board to review his or her decision. This is known as “certifying” a case to the Board. The certification of a case is separate from any appeal in the case. Therefore, a party wishing to appeal must file an appeal even if the Immigration Judge has certified the case to the Board. See (in this American law platform, in relation to immigration courts and judges) Certification. If an appeal is not filed, the Immigration Judge’s decision becomes the final administrative decision in the matter, unless the case has been certified to the Board.
Relief granted
If a respondent’s application for relief from removal is granted, the respondent is provided the Department of Homeland Security (DHS) post-order instructions. These instructions describe the steps the respondent should follow to obtain documentation of his or her immigration status from U.S. Citizenship and Immigration Services, a component of DHS. More information about these post-order instructions is available on the Executive Office for Immigration Review website . For respondents who are granted asylum, information on asylees’ benefits and responsibilities is available at the Immigration Court.
Individual Calendar Hearing in relation to Immigration Courts
(information based on the DoJ Manual)
Generally
Evidentiary hearings on contested matters are referred to as individual calendar hearings or merits hearings. Contested matters include challenges to removability and applications for relief.
Filings
The following documents should be filed in preparation for the individual calendar hearing, as necessary. Parties should note that, since Records of Proceedings in removal proceedings are kept separate from Records of Proceeding in bond redetermination proceedings, documents already filed in bond redetermination proceedings must be re-filed for removal proceedings. See (in this American law platform, in relation to immigration courts and judges) Bond Proceedings.
Applications, exhibits, motions
Parties should file all applications for relief, proposed exhibits, and motions, as appropriate. All submissions must comply with the deadlines and requirements for filing. See (in this American law platform, in relation to immigration courts and judges) Filing wi
th the Immigration Court.
Witness list
If presenting witnesses other than the respondent, parties must file a witness list that complies with the requirements of Witness lists (see). In addition, the witness list must comply with the deadlines and requirements for filing. See (in this American law platform, in relation to immigration courts and judges) Filing with the Immigration Court.
Criminal history chart
When submitting documents relating to a respondent’s criminal arrests, prosecutions, or convictions, parties are encouraged to use a criminal history chart and attach all pertinent documentation, such as arrest and conviction records. For guidance on submitting a criminal history chart, see (in this American law platform, in relation to immigration courts and judges) Criminal conviction documents. For a sample, see (in this American law platform, in relation to immigration courts and judges) Sample Criminal History Chart. Parties submitting a criminal history chart should comply with the deadlines and requirements for filing. See (in this American law platform, in relation to immigration courts and judges) Filing with the Immigration Court.
Opening the individual calendar hearing
The Immigration Judge turns on the recording equipment at the beginning of the individual calendar hearing. The hearing is recorded, except for off-the-record discussions. See (in this American law platform, in relation to immigration courts and judges) Record. On the record, the Immigration Judge identifies the type of proceeding being conducted (e.g., a removal proceeding); the respondent’s name and Alien (person who is not a citizen or national of the United States) registration number (“A number”); the date, time and place of the proceeding; and the presence of the parties. The Immigration Judge also verifies the respondent’s name, address, and telephone number. If the respondent’s address or telephone number have changed, the respondent must submit an Alien’s Change of Address Form (Form EOIR-33/IC).
Conduct of hearing
While the Immigration Judge decides how each hearing is conducted, parties should be prepared to:
- make an opening statement
- raise any objections to the other party’s evidence
- present witnesses and evidence on all issues
- cross-examine opposing witnesses and object to testimony
- make a closing statement.
Witnesses
All witnesses, including the respondent if he or she testifies, are placed under oath by the Immigration Judge before testifying. If necessary, an interpreter is provided. See (in this American law platform, in relation to immigration courts and judges) Interpreters, and Other requests. The Immigration Judge may ask questions of the respondent and all witnesses at any time during the hearing. See (in this American law platform, in relation to immigration courts and judges) INA § 240(b)(1).
Pro se respondents
Unrepresented (“pro se”) respondents have the same hearing rights and obligations as represented respondents. For example, pro se respondents may testify, present witnesses, cross-examine any witnesses presented by the Department of Homeland Security (DHS), and object to evidence presented by DHS. When a respondent appears pro se, the Immigration Judge generally participates in questioning the respondent and the respondent’s witnesses. As in all removal proceedings, DHS may object to evidence presented by a pro se respondent and may cross-examine the respondent and the respondent’s witnesses.
Decision
After the parties have presented their cases, the Immigration Judge renders a decision. The Immigration Judge may render an oral decision at the hearing’s conclusion, or he or she may render an oral or written decision on a later date. See (in this American law platform, in relation to immigration courts and judges) Immigration Judge decisions. If the decision is rendered orally, the parties are given a signed summary order from the court.
Appeal
The respondent and the Department of Homeland Security have the right to appeal the Immigration Judge’s decision to the Board of Immigration Appeals. See (in this American law platform, in relation to immigration courts and judges) Appeals of Immigration Judge Decisions. A party may waive the right to appeal. At the conclusion of Immigration Court proceedings, the Immigration Judge informs the parties of the deadline for filing an appeal with the Board, unless the right to appeal is waived. See (in this American law platform, in relation to immigration courts and judges) Waiver of Appeal. Parties should note that the Immigration Judge may ask the Board to review his or her decision. This is known as “certifying” a case to the Board. The certification of a case is separate from any appeal in the case. Therefore, a party wishing to appeal must file an appeal even if the Immigration Judge has certified the case to the Board. See (in this American law platform, in relation to immigration courts and judges) Certification. If an appeal is not filed, the Immigration Judge’s decision becomes the final administrative decision in the matter, unless the case has been certified to the Board.
Relief granted
If a respondent’s application for relief from removal is granted, the respondent is provided the Department of Homeland Security (DHS) post-order instructions. These instructions describe the steps the respondent should follow to obtain documentation of his or her immigration status from U.S. Citizenship and Immigration Services, a component of DHS. More information about these post-order instructions is available on the Executive Office for Immigration Review website . For respondents who are granted asylum, information on asylees’ benefits and responsibilities is available at the Immigration Court.
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