Master Calendar Hearing in the United States

Master Calendar Hearing in relation to Immigration Courts

(information based on the DoJ Manual)

Generally

A respondent’s first appearance before an Immigration Judge in removal proceedings is at a master calendar hearing. Master calendar hearings are held for pleadings, scheduling, and other similar matters. See (in this American law platform, in relation to immigration courts and judges) below.

Request for a prompt hearing

To allow the respondent an opportunity to obtain counsel and to prepare to respond, at least ten days must elapse between service of the Notice to Appear (Form I-862) on the respondent and the initial master calendar hearing. The respondent may waive this ten-day requirement by signing the “Request for Prompt Hearing” contained in the Notice to Appear. The respondent may then be scheduled for a master calendar hearing within the ten-day period. See (in this American law platform, in relation to immigration courts and judges) INA § 239(b)(1).

Notification

The Notice to Appear (Form I-862) served on the respondent may contain notice of the date, time, and location of the initial master calendar hearing. If so, the respondent must appear at that date, time, and location. If the Notice to Appear does not contain notice of the date, time, and location of the initial master calendar hearing, the respondent will be mailed a notice of hearing containing this information. If there are any changes to the date, time, or location of a master calendar hearing, the respondent will be notified by mail at the address on record with the Immigration Court. See (in this American law platform, in relation to immigration courts and judges) Address obligations.

Arrival

Parties should arrive at the Immigration Court prior to the time set for the master calendar hearing. Attorneys and representatives should check in with the Immigration Court staff and sign in, if a sign-in sheet is available. Parties should be mindful that they may encounter delays in passing through mandatory security screening prior to entering the court. See (in this American law platform, in relation to immigration courts and judges) Attendance and Access to Court.

Scope of the master calendar hearing

As a general matter, the purpose of the master calendar hearing is to:

• advise the respondent of the right to an attorney or other representative at no expense to the government
• advise the respondent of the availability of free and low-cost legal service providers and provide the respondent with a list of such providers in the area where the hearing is being conducted
• advise the respondent of the right to present evidence
• advise the respondent of the right to examine and object to evidence and to cross-examine any witnesses presented by the Department of Homeland Security
• explain the charges and factual allegations contained in the Notice to Appear (Form I-862) to the respondent in non-technical language
• take pleadings
• identify and narrow the factual and legal issues
• set deadlines for filing applications for relief, briefs, motions, pre-hearing statements, exhibits, witness lists, and other documents
• provide certain warnings related to background and security investigations
• schedule hearings to adjudicate contested matters and applications for relief
• advise the respondent of the consequences of failing to appear at subsequent hearings
• advise the respondent of the right to appeal to the Board of Immigration Appeals.

See INA §§ 240(b)(4), 240(b)(5), 8 C.F.R. §§ 1240.10, 1240.15.

Opening of a master calendar hearing

The Immigration Judge turns on the recording equipment at the beginning of the master 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 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). If necessary, an interpreter is provided to an Alien (person who is not a citizen or national of the United States) whose command of the English language is inadequate to fully understand and participate in the hearing. See (in this American law platform, in relation to immigration courts and judges) Interpreters. If necessary, the respondent is placed under oath.

Pro se respondent

If the respondent is unrepresented (“pro se”) at a master calendar hearing, the Immigration Judge advises the respondent of his or her hearing rights and obligations, including the right to be represented at no expense to the government. In addition, the Immigration Judge ensures that the respondent has received a list of providers of free and low-cost legal services in the area where the hearing is being held. The respondent may waive the right to be represented and choose to proceed pro se. Alternatively, the respondent may request that the Immigration Judge continue the proceedings to another master calendar hearing to give the respondent an opportunity to obtain representation. If the proceedings are continued but the respondent is not represented at the next master calendar hearing, the respondent will be expected to explain his or her efforts to obtain representation. The Immigration Judge may decide to proceed with pleadings at that hearing or to continue the matter again to allow the respondent to obtain representation. If the Immigration Judge decides to proceed with pleadings, he or she advises the respondent of any relief for which the respondent appears to be eligible. Even if the respondent is required to enter pleadings without representation, the respondent still has the right to obtain representation before the next hearing. See (in this American law platform, in relation to immigration courts and judges) Representation.

Entry of appearance

If a respondent is represented, the representative should file any routinely submitted documents at the beginning of the master calendar hearing. The representative must also serve such documents on the opposing party. See (in this American law platform, in relation to immigration courts and judges) Service on the Opposing Party. Routinely-submitted documents include the Notice of Appearance (Form EOIR-28) and the Alien’s Change of Address Form (Form EOIR-33/IC). See (in this American law platform, in relation to immigration courts and judges) Entering an appearance, Address obligations, and Address obligations of represented aliens.

Pleadings

At the master calendar hearing, the parties should be prepared to plead as follows.

Respondent

The respondent should be prepared:

• to concede or deny service of the Notice to Appear (Form I-862)
• to request or waive a formal reading of the Notice to Appear (Form I-862)
• to request or waive an explanation of the respondent’s rights and obligations in removal proceedings
• to admit or deny the charges and factual allegations in the Notice to Appear (Form I-862)
• to designate or decline to designate a country of removal
• to state what applications(s) for relief from removal, if any, the respondent intends to file
• to identify and narrow the legal and factual issues
• to estimate (in hours) the amount of time needed to present the case at the individual calendar hearing
• to request a date on which to file the application(s) for relief, if any, with the Immigration Court
• to request an interpreter for the respondent and witnesses, if needed.

A sample oral pleading is included in Sample Oral Pleading. To ma
ke the master calendar hearing process more expeditious and efficient, representatives are strongly encouraged to use this oral pleading format.

Department of Homeland Security

The DHS attorney should be prepared:

• to state DHS’s position on all legal and factual issues, including eligibility for relief
• to designate a country of removal
• to file with the Immigration Court and serve on the opposing party all documents that support the charges and factual allegations in the Notice to Appear (Form I-862)
• to serve on the respondent the DHS biometrics instructions, if appropriate.

Written pleadings

In lieu of oral pleadings, the Immigration Judge may permit represented parties to file written pleadings, if the party concedes proper service of the Notice to Appear (Form I-862). See (in this American law platform, in relation to immigration courts and judges) Sample Written Pleading. The written pleadings must be signed by the respondent and the respondent’s representative. The written pleading should contain the following:

• a concession that the Notice to Appear (Form I-862) was properly served on the respondent
• a representation that the hearing rights set forth in 8 C.F.R. § 1240.10 have been explained to the respondent
• a representation that the consequences of failing to appear in Immigration Court have been explained to the respondent
• an admission or denial of the factual allegations in the Notice to Appear (Form I-862)
• a concession or denial of the charge(s) in the Notice to Appear (Form I-862)
• a designation of, or refusal to designate, a country of removal
• an identification of the application(s) for relief from removal, if any, the respondent intends to file
• a representation that any application(s) for relief (other than asylum) will be filed no later than fifteen (15) days before the individual calendar hearing, unless otherwise directed by the Immigration Judge
• an estimate of the number of hours required for the individual calendar hearing
• a request for an interpreter, if needed, that follows the guidelines below
• if background and security investigations are required, a representation that: • the respondent has been provided Department of Homeland Security (DHS) biometrics instructions • the DHS biometrics instructions have been explained to the respondent • the respondent will timely comply with the DHS biometrics instructions prior to the individual calendar hearing • the consequences of failing to comply with the DHS biometrics instructions have been explained to the respondent
• a representation by the respondent that he or she: • understands the rights set forth in 8 C.F.R. § 1240.10 and waives a further explanation of those rights by the Immigration Judge • if applying for asylum, understands the consequences under INA § 208(d)(6) of knowingly filing or making a frivolous asylum application • understands the consequences of failing to appear in Immigration Court or for a scheduled departure • understands the consequences of failing to comply with the DHS biometrics instructions • knowingly and voluntarily waives the oral notice required by INA § 240(b)(7) regarding limitations on discretionary relief following an in absentia removal order, or authorizes his or her representative to waive such notice • understands the requirement in 8 C.F.R. § 1003.15 to file an Alien’s Change of Address Form (Form EOIR-33/IC) with the Immigration Court within five (5) days of moving or changing a telephone number Additional matters may be included in the written pleading when appropriate.

For example, the party may need to provide more specific information in connection with a request for an interpreter.

Master Calendar Hearing in relation to Immigration Courts

(information based on the DoJ Manual)

Generally

A respondent’s first appearance before an Immigration Judge in removal proceedings is at a master calendar hearing. Master calendar hearings are held for pleadings, scheduling, and other similar matters. See (in this American law platform, in relation to immigration courts and judges) below.

Request for a prompt hearing

To allow the respondent an opportunity to obtain counsel and to prepare to respond, at least ten days must elapse between service of the Notice to Appear (Form I-862) on the respondent and the initial master calendar hearing. The respondent may waive this ten-day requirement by signing the “Request for Prompt Hearing” contained in the Notice to Appear. The respondent may then be scheduled for a master calendar hearing within the ten-day period. See (in this American law platform, in relation to immigration courts and judges) INA § 239(b)(1).

Notification

The Notice to Appear (Form I-862) served on the respondent may contain notice of the date, time, and location of the initial master calendar hearing. If so, the respondent must appear at that date, time, and location. If the Notice to Appear does not contain notice of the date, time, and location of the initial master calendar hearing, the respondent will be mailed a notice of hearing containing this information. If there are any changes to the date, time, or location of a master calendar hearing, the respondent will be notified by mail at the address on record with the Immigration Court. See (in this American law platform, in relation to immigration courts and judges) Address obligations.

Arrival

Parties should arrive at the Immigration Court prior to the time set for the master calendar hearing. Attorneys and representatives should check in with the Immigration Court staff and sign in, if a sign-in sheet is available. Parties should be mindful that they may encounter delays in passing through mandatory security screening prior to entering the court. See (in this American law platform, in relation to immigration courts and judges) Attendance and Access to Court.

Scope of the master calendar hearing

As a general matter, the purpose of the master calendar hearing is to:

• advise the respondent of the right to an attorney or other representative at no expense to the government
• advise the respondent of the availability of free and low-cost legal service providers and provide the respondent with a list of such providers in the area where the hearing is being conducted
• advise the respondent of the right to present evidence
• advise the respondent of the right to examine and object to evidence and to cross-examine any witnesses presented by the Department of Homeland Security
• explain the charges and factual allegations contained in the Notice to Appear (Form I-862) to the respondent in non-technical language
• take pleadings
• identify and narrow the factual and legal issues
• set deadlines for filing applications for relief, briefs, motions, pre-hearing statements, exhibits, witness lists, and other documents
• provide certain warnings related to background and security investigations
• schedule hearings to adjudicate contested matters and applications for relief
• advise the respondent of the consequences of failing to appear at subsequent hearings
• advise the respondent of the right to appeal to the Board of Immigration Appeals.

See INA §§ 240(b)(4), 240(b)(5), 8 C.F.R. §§ 1240.10, 1240.15.

Opening of a master calendar hearing

The Immigration Judge turns on the recording equipment at the beginning of the master 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 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). If necessary, an interpreter is provided to an Alien (person who is not a citizen or national of the United States) whose command of the English language is inadequate to fully understand and participate in the hearing. See (in this American law platform, in relation to immigration courts and judges) Interpreters. If necessary, the respondent is placed under oath.

Pro se respondent

If the respondent is unrepresented (“pro se”) at a master calendar hearing, the Immigration Judge advises the respondent of his or her hearing rights and obligations, including the right to be represented at no expense to the government. In addition, the Immigration Judge ensures that the respondent has received a list of providers of free and low-cost legal services in the area where the hearing is being held. The respondent may waive the right to be represented and choose to proceed pro se. Alternatively, the respondent may request that the Immigration Judge continue the proceedings to another master calendar hearing to give the respondent an opportunity to obtain representation. If the proceedings are continued but the respondent is not represented at the next master calendar hearing, the respondent will be expected to explain his or her efforts to obtain representation. The Immigration Judge may decide to proceed with pleadings at that hearing or to continue the matter again to allow the respondent to obtain representation. If the Immigration Judge decides to proceed with pleadings, he or she advises the respondent of any relief for which the respondent appears to be eligible. Even if the respondent is required to enter pleadings without representation, the respondent still has the right to obtain representation before the next hearing. See (in this American law platform, in relation to immigration courts and judges) Representation.

Entry of appearance

If a respondent is represented, the representative should file any routinely submitted documents at the beginning of the master calendar hearing. The representative must also serve such documents on the opposing party. See (in this American law platform, in relation to immigration courts and judges) Service on the Opposing Party. Routinely-submitted documents include the Notice of Appearance (Form EOIR-28) and the Alien’s Change of Address Form (Form EOIR-33/IC). See (in this American law platform, in relation to immigration courts and judges) Entering an appearance, Address obligations, and Address obligations of represented aliens.

Pleadings

At the master calendar hearing, the parties should be prepared to plead as follows.

Respondent

The respondent should be prepared:

• to concede or deny service of the Notice to Appear (Form I-862)
• to request or waive a formal reading of the Notice to Appear (Form I-862)
• to request or waive an explanation of the respondent’s rights and obligations in removal proceedings
• to admit or deny the charges and factual allegations in the Notice to Appear (Form I-862)
• to designate or decline to designate a country of removal
• to state what applications(s) for relief from removal, if any, the respondent intends to file
• to identify and narrow the legal and factual issues
• to estimate (in hours) the amount of time needed to present the case at the individual calendar hearing
• to request a date on which to file the application(s) for relief, if any, with the Immigration Court
• to request an interpreter for the respondent and witnesses, if needed.

A sample oral pleading is included in Sample Oral Pleading. To make the master calendar hearing process more expeditious and efficient, representatives are strongly encouraged to use this oral pleading format.

Department of Homeland Security

The DHS attorney should be prepared:

• to state DHS’s position on all legal and factual issues, including eligibility for relief
• to designate a country of removal
• to file with the Immigration Court and serve on the opposing party all documents that support the charges and factual allegations in the Notice to Appear (Form I-862)
• to serve on the respondent the DHS biometrics instructions, if appropriate.

Written pleadings

In lieu of oral pleadings, the Immigration Judge may permit represented parties to file written pleadings, if the party concedes proper service of the Notice to Appear (Form I-862). See (in this American law platform, in relation to immigration courts and judges) Sample Written Pleading. The written pleadings must be signed by the respondent and the respondent’s representative. The written pleading should contain the following:

• a concession that the Notice to Appear (Form I-862) was properly served on the respondent
• a representation that the hearing rights set forth in 8 C.F.R. § 1240.10 have been explained to the respondent
• a representation that the consequences of failing to appear in Immigration Court have been explained to the respondent
• an admission or denial of the factual allegations in the Notice to Appear (Form I-862)
• a concession or denial of the charge(s) in the Notice to Appear (Form I-862)
• a designation of, or refusal to designate, a country of removal
• an identification of the application(s) for relief from removal, if any, the respondent intends to file
• a representation that any application(s) for relief (other than asylum) will be filed no later than fifteen (15) days before the individual calendar hearing, unless otherwise directed by the Immigration Judge
• an estimate of the number of hours required for the individual calendar hearing
• a request for an interpreter, if needed, that follows the guidelines below
• if background and security investigations are required, a representation that: ? the respondent has been provided Department of Homeland Security (DHS) biometrics instructions ? the DHS biometrics instructions have been explained to the respondent ? the respondent will timely comply with the DHS biometrics instructions prior to the individual calendar hearing ? the consequences of failing to comply with the DHS biometrics instructions have been explained to the respondent
• a representation by the respondent that he or she: ? understands the rights set forth in 8 C.F.R. § 1240.10 and waives a further explanation of those rights by the Immigration Judge ? if applying for asylum, understands the consequences under INA § 208(d)(6) of knowingly filing or making a frivolous asylum application ? understands the consequences of failing to appear in Immigration Court or for a scheduled departure ? understands the consequences of failing to comply with the DHS biometrics instructions ? knowingly and voluntarily waives the oral notice required by INA § 240(b)(7) regarding limitations on discretionary relief following an in absentia removal order, or authorizes his or her representative to waive such notice ? understands the requirement in 8 C.F.R. § 1003.15 to file an Alien’s Change of Address Form (Form EOIR-33/IC) with the Immigration Court within five (5) days of moving or changing a telephone number Additional matters may be included in the written pleading when appropriate.

For example, the party may need to provide more specific information in connection with a request for an interpreter.