If you are undocumented in the United States, you may be wondering if you should appear in immigration court. Or, if you already know you must appear for a Master Calendar hearing, you may be wondering what to do. In this article, we explain what a Master Calendar hearing in immigration court entails and answer the questions our clients frequently ask.
The Purpose of the Master Calendar Hearing
When a person is in the United States without authorization or has violated the terms of their immigration status, the government sometimes places that person in what is known as removal or deportation proceedings.
The Master Calendar hearing is the first hearing in that removal process, and its purpose is to inform the person who has violated immigration law of the charges against them and give the person an opportunity to respond to those charges.
How do I know if I should attend an immigration court hearing?
To find out if you have to attend immigration court, you must know your A number. The A number is a 9-digit number that you can find on your immigration papers, especially on a document called a “Notice to Appear.”
With that number, you can visit the website https://acis.eoir.justice.gov/en/ or call 1-800-898-7180 to check your next court date and where you should appear.
While the “Notice to Appear” document lists your next court date at the bottom of the first page, as does the “Notice of Hearing in Removal Proceedings” you may have received, it is important to check the indicated website or call the reference number to make sure your hearing date has not been changed.
If you move, it is very important to notify the court so that you receive the corresponding notice and do not miss any court dates.
Do I have to attend court if I have already attended my appointment with ICE?
Yes, you must attend the hearing with the immigration court, even if you attended the appointment with ICE. It is important to know that the immigration court and ICE are two separate agencies. ICE (Immigration and Customs Enforcement) enforces immigration laws, while the immigration court interprets immigration laws on a case-by-case basis.
What if my court hearing is scheduled outside of the state where I live?
The location of your Master Calendar hearing would depend on different factors. For example, you could have a court hearing scheduled in the same state from which you entered the United States or where you intended to live. At other times, your court hearing could be scheduled in the jurisdiction where your sponsor lives, if you have one. If your next Master Calendar hearing is scheduled in a state other than the one you currently live in, it is advisable to move your immigration case to the court near you.
To do this, you must change your address with the court by submitting Form EOIR-33, and you must file a Motion to Change Venue. It is advisable to hire an immigration attorney to handle this process for you to avoid setbacks and delays that could harm your immigration case. Immigration court motions must meet specific requirements and formats, and it is best to hire someone with experience to do it.
If you are unwilling or unable to file the Motion to Change Venue, another option would be to ask the judge to allow you to attend the hearing virtually or to travel to the location of the court hearing.
What will happen during my Master Calendar hearing?
The Master Calendar hearing before the immigration court is a hearing attended by several people and lasts between 5 and 20 minutes. During the Master Calendar hearing, the judge, the government attorney, and you, along with your attorney (if you have one), will be present.
During the Master Calendar hearing, the judge will inform you of your rights and obligations during the removal process and will ensure that you understand the content of the “Notice to Appear,” which is the charging document against you for violating immigration laws. There, you will have the opportunity to explain to the judge why you cannot return to your country. Some of the possible defenses to the removal process include asylum, cancellation of removal, withholding of removal, or protection under the Convention Against Torture, or whether you qualify for a green card.
After you answer the allegations, that is, admit or deny the charges against you, the judge will determine which country you must be deported to, and give you deadlines to present your case.
Will I be assigned an immigration attorney?
No. Although it is your right to have an attorney represent you during removal proceedings, the government will not assign one to you; you must hire an immigration attorney on your own.
Unlike criminal proceedings, where the government assigns a public defender, removal proceedings are civil, and therefore, you will not have that right. However, many non-profit organizations provide free or low-cost legal advice.
Although you can represent yourself during deportation proceedings, it is difficult to win a case in immigration court without legal advice because immigration laws are complex and constantly changing.
Should I file my application during the Master Calendar hearing?
No, you are not required to file your application by the Master Calendar hearing date, although you may do so if you wish, even before the hearing. Many people who consult with our office believe, for example, that they must apply for asylum at the Master Calendar hearing, and that is incorrect. What you should have ready for the Master Calendar hearing date is a defense plan for your removal proceedings. After explaining your defense to the judge, the judge will give you a deadline, usually 60 days, to file your application.
Can I be deported during the Master Calendar hearing?
No, people are generally not deported during the Master Calendar hearing. However, if you do not appear at the Master Calendar hearing, the judge may order what is known as an “in absentia removal order,” without allowing you to respond to the charges against you. For this reason, it is very important to attend the Master Calendar hearing in immigration court.
What happens after the Master Calendar hearing?
After the Master Calendar hearing, the judge will schedule what is called an “Individual Hearing.” This hearing may be scheduled in the following months or years. During the Individual Hearing, you will have the opportunity to testify before the judge and present your case, such as an asylum or cancellation of removal case, among others.
In addition, the judge will review the evidence in your case, listen to any witnesses you may have, and then make a decision about your immigration status. If the judge decides to order removal, you will have the right to appeal that decision to the Board of Immigration Appeals.
Why is hiring an immigration attorney important?
Navigating the removal process without the help of an experienced immigration attorney can be challenging and overwhelming. For example, statistics indicate that the chances of winning an asylum case with a lawyer are five times greater than without one. An experienced immigration attorney can guide you through the process from the Master Calendar hearing to the appeal stage before the Board of Immigration Appeals, ensuring that your substantive and procedural rights are respected. At Bienvenidos Law Firm, Inc., we have over 25 years of experience in immigration cases. Call us at 763-951-2235 or email blf@bienvenidoslaw.com to schedule an appointment!
