Master Calendar Hearings in the United States
Master Calendar Hearings in relation to Immigration Courts
(information based on the DoJ Manual)
Background checks and security investigations
For certain applications for relief from removal, the Department of Homeland Security (DHS) is required to complete background and security investigations. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1003.47. Questions regarding background checks and security investigations should be addressed to DHS.
Non-detained cases
If a non-detained respondent seeks relief requiring background and security investigations, the DHS attorney provides the respondent with the DHS biometrics instructions. The respondent is expected to promptly comply with the DHS biometrics instructions by the deadlines set by the Immigration Judge. Failure to timely comply with these instructions will result in the application for relief not being considered unless the Applicant (a person in exclusion proceedings) demonstrates that such failure was the result of good cause. 8 C.F.R. § 1003.47(d). In all cases in which the respondent is represented, the representative should ensure that the respondent understands the DHS biometrics instructions and the consequences of failing to timely comply with the instructions.
Detained cases
If background and security investigations are required for detained respondents, DHS is responsible for timely fingerprinting the respondent and obtaining all necessary information. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1003.47(d).
Asylum Clock
The Immigration Court operates an asylum adjudications clock which measures the length of time an asylum application has been pending for each asylum Applicant (a person in exclusion proceedings) in removal proceedings. The asylum clock is an administrative function that tracks the number of days elapsed since the application was filed, not including any delays requested or caused by the Applicant (a person in exclusion proceedings) and ending with the final administrative adjudication of the application. This period also does not include administrative appeal or remand. Where a respondent has applied for asylum, the Immigration Judge determines during the master calendar hearing whether the case is an expedited asylum case. If so, the Immigration Judge asks on the record whether the Applicant (a person in exclusion proceedings) wants an “expedited asylum hearing date,” meaning an asylum hearing scheduled for completion within 180 days of the filing. If the case is being adjourned for an alien-related reason, the asylum clock will stop until the next hearing. Certain asylum applicants are eligible to receive employment authorization from the Department of Homeland Security (DHS) 180 days after the application is filed, not including delays in the proceedings caused by the applicant. To facilitate DHS’s adjudication of employment authorization applications, the Executive Office for Immigration Review (EOIR) provides DHS with access to its asylum adjudications clock for cases pending before EOIR. See (in this American law platform, in relation to immigration courts and judges) INA §§ 208(d)(2), 208(d)(5)(A)(iii); 8 C.F.R. § 1208.7.
Lodged Asylum Applications
For the purpose of employment authorization, DHS considers a defensive asylum application “filed” as of the date the application is filed with the Immigration Court, unless the application is first lodged with the court. If the application is first lodged with the court, DHS considers the date on which the application is lodged for the purpose of determining eligibility for employment authorization. An alien may lodge an asylum application at the Immigration Court’s public window during that court’s filing hours, or by sending it to the Immigration Court by mail or courier. The lodged date is not the filing date and a lodged asylum application is not considered filed. A respondent who lodges a defensive asylum application must still file the application before an Immigration Judge at a master calendar hearing. See (in this American law platform, in relation to immigration courts and judges) Defensive applications. The Immigration Court places a date stamp and a “lodged not filed” stamp on the application, and returns the application to the alien. The court does not retain a copy of the lodged application, and it is not placed in the record of proceedings; however, the date that the application was lodged with the court is electronically transmitted to DHS.
Requirements for lodging
Only a respondent who plans to file a defensive asylum application, but has not yet done so, may lodge an asylum application. An asylum Applicant (a person in exclusion proceedings) may only lodge an asylum application once. If an asylum application is lodged, it must be lodged before that application is filed before an Immigration Judge at a master calendar hearing. An Applicant (a person in exclusion proceedings) who already has an asylum application pending with the court may not lodge an asylum application. Accordingly, if a respondent files an application with DHS and DHS refers that application to the court, the respondent may not lodge an asylum application. If an alien lodges an asylum application by mail or courier, the application must be accompanied by a self-addressed stamped envelope or comparable return delivery packaging. It must also be accompanied by a cover page or include a prominent annotation on the top of the front page of the form stating that it is being submitted for the purpose of lodging . Note that a Proof of Service is not required to lodge an application.
Defective lodging
Under certain circumstances, an asylum application which is submitted for the purpose of lodging the application is rejected. Examples of defective submissions include:
- the Form I-589 does not have the applicant’s name
- the Form I-589 does not have the A-number
- the Form I-589 is not signed by the Applicant (a person in exclusion proceedings)
- the Form I-589 has already been lodged with the court
- the Form I-589 has already been filed with the court
- the Form I-589 was referred to the court from USCIS
- the Form I-589 is being submitted for lodging at the incorrect court location
- the case is pending before the Board of Immigration Appeals
- the case is not pending before EOIR (Executive Office for Immigration Review) An application that is submitted by mail or courier for the purpose of lodging is subject to rejection for the following additional defects:
- the application is not accompanied by a self-addressed stamped envelope or comparable return delivery packaging; or
- The application is not accompanied by a cover page or does not include a prominent annotation on the top of the front page of the form stating that it is being submitted for the purpose of lodging.
More about Master Calendar Hearings
Note: find out more about Master Calendar Hearings in the entry titled Master Calendar.
Master Calendar Hearings in relation to Immigration Courts
(information based on the DoJ Manual)
Background checks and security investigations
For certain applications for relief from removal, the Department of Homeland Security (DHS) is required to complete background and security investigations. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1003.47. Questions regarding background checks and security investigations should be addressed to DHS.
Non-detained cases
If a non-detained respondent seeks relief requiring background and security investigations, the DHS attorney provides the respondent with the DHS biometrics instructions. The respondent is expected to promptly comply with the DHS biometrics instructions by the deadlines set by the Immigration Judge. Failure to timely comply with these instructions will result in the
application for relief not being considered unless the Applicant (a person in exclusion proceedings) demonstrates that such failure was the result of good cause. 8 C.F.R. § 1003.47(d). In all cases in which the respondent is represented, the representative should ensure that the respondent understands the DHS biometrics instructions and the consequences of failing to timely comply with the instructions.
Detained cases
If background and security investigations are required for detained respondents, DHS is responsible for timely fingerprinting the respondent and obtaining all necessary information. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1003.47(d).
Asylum Clock
The Immigration Court operates an asylum adjudications clock which measures the length of time an asylum application has been pending for each asylum Applicant (a person in exclusion proceedings) in removal proceedings. The asylum clock is an administrative function that tracks the number of days elapsed since the application was filed, not including any delays requested or caused by the Applicant (a person in exclusion proceedings) and ending with the final administrative adjudication of the application. This period also does not include administrative appeal or remand. Where a respondent has applied for asylum, the Immigration Judge determines during the master calendar hearing whether the case is an expedited asylum case. If so, the Immigration Judge asks on the record whether the Applicant (a person in exclusion proceedings) wants an “expedited asylum hearing date,” meaning an asylum hearing scheduled for completion within 180 days of the filing. If the case is being adjourned for an alien-related reason, the asylum clock will stop until the next hearing. Certain asylum applicants are eligible to receive employment authorization from the Department of Homeland Security (DHS) 180 days after the application is filed, not including delays in the proceedings caused by the applicant. To facilitate DHS’s adjudication of employment authorization applications, the Executive Office for Immigration Review (EOIR) provides DHS with access to its asylum adjudications clock for cases pending before EOIR. See (in this American law platform, in relation to immigration courts and judges) INA §§ 208(d)(2), 208(d)(5)(A)(iii); 8 C.F.R. § 1208.7.
Lodged Asylum Applications
For the purpose of employment authorization, DHS considers a defensive asylum application “filed” as of the date the application is filed with the Immigration Court, unless the application is first lodged with the court. If the application is first lodged with the court, DHS considers the date on which the application is lodged for the purpose of determining eligibility for employment authorization. An alien may lodge an asylum application at the Immigration Court’s public window during that court’s filing hours, or by sending it to the Immigration Court by mail or courier. The lodged date is not the filing date and a lodged asylum application is not considered filed. A respondent who lodges a defensive asylum application must still file the application before an Immigration Judge at a master calendar hearing. See (in this American law platform, in relation to immigration courts and judges) Defensive applications. The Immigration Court places a date stamp and a “lodged not filed” stamp on the application, and returns the application to the alien. The court does not retain a copy of the lodged application, and it is not placed in the record of proceedings; however, the date that the application was lodged with the court is electronically transmitted to DHS.
Requirements for lodging
Only a respondent who plans to file a defensive asylum application, but has not yet done so, may lodge an asylum application. An asylum Applicant (a person in exclusion proceedings) may only lodge an asylum application once. If an asylum application is lodged, it must be lodged before that application is filed before an Immigration Judge at a master calendar hearing. An Applicant (a person in exclusion proceedings) who already has an asylum application pending with the court may not lodge an asylum application. Accordingly, if a respondent files an application with DHS and DHS refers that application to the court, the respondent may not lodge an asylum application. If an alien lodges an asylum application by mail or courier, the application must be accompanied by a self-addressed stamped envelope or comparable return delivery packaging. It must also be accompanied by a cover page or include a prominent annotation on the top of the front page of the form stating that it is being submitted for the purpose of lodging . Note that a Proof of Service is not required to lodge an application.
Defective lodging
Under certain circumstances, an asylum application which is submitted for the purpose of lodging the application is rejected. Examples of defective submissions include:
- the Form I-589 does not have the applicant’s name
- the Form I-589 does not have the A-number
- the Form I-589 is not signed by the Applicant (a person in exclusion proceedings)
- the Form I-589 has already been lodged with the court
- the Form I-589 has already been filed with the court
- the Form I-589 was referred to the court from USCIS
- the Form I-589 is being submitted for lodging at the incorrect court location
- the case is pending before the Board of Immigration Appeals
- the case is not pending before EOIR (Executive Office for Immigration Review) An application that is submitted by mail or courier for the purpose of lodging is subject to rejection for the following additional defects:
- the application is not accompanied by a self-addressed stamped envelope or comparable return delivery packaging; or
- The application is not accompanied by a cover page or does not include a prominent annotation on the top of the front page of the form stating that it is being submitted for the purpose of lodging.
More about Master Calendar Hearings
Note: find out more about Master Calendar Hearings in the entry titled Master Calendar.
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