A master calendar hearing is a proceeding in immigration court devoted to administrative and procedural matters: presenting charges, taking pleadings, setting deadlines, and scheduling subsequent hearings. According to the Executive Office for Immigration Review (EOIR) handbook, these hearings are held for "pleadings, scheduling, and other similar matters" (EOIR, § 3.14(a)).
How the Process Works
The master calendar hearing is the initial proceeding at which the immigration judge explains the respondent's rights, reads the charges from the Notice to Appear, takes pleadings in response to those charges, and establishes deadlines and dates for further hearings. As EOIR describes it, the judge activates recording equipment at the start of the hearing, and the proceeding is recorded except for discussions held off the record (EOIR, § 3.14(f)).
According to EOIR (§ 3.14(e)), the judge at a master calendar hearing generally:
- informs the respondent of the right to a practitioner at no expense to the government;
- advises of the availability of pro bono legal service providers and furnishes a list of those operating in the hearing region;
- explains the right to present evidence, examine and object to evidence, and cross-examine Department of Homeland Security witnesses;
- describes the charges and factual allegations in the Notice to Appear (Form I-862) in non-technical language;
- takes pleadings, identifies contested issues, and works to narrow them;
- sets deadlines for filing applications for relief, briefs, motions, witness lists, and other documents;
- schedules hearings to address contested issues;
- warns of the consequences of failing to appear at subsequent hearings and explains the right to appeal to the Board of Immigration Appeals (BIA).
Proceedings begin with the Notice to Appear. EOIR notes (§ 3.14(b)) that at least ten days must pass between service of the Notice to Appear (Form I-862) and the first master calendar hearing, so that the respondent has an opportunity to find a practitioner and prepare — a requirement that traces to INA § 239(b)(1). That requirement can be waived by signing the "Request for Prompt Hearing" contained within the Notice to Appear, in which case a hearing may be scheduled within ten days. More on the overall procedure is available in the section on immigration court and removal proceedings.
Notice of Hearing Date and Address Obligations
EOIR describes (§ 3.14(c)) that the Notice to Appear may include the date, time, and location of the first master calendar hearing. When that information appears in the notice, the respondent is expected to appear at the specified time and place; when it does not, a separate hearing notice containing those details is sent by mail. Any changes to the date, time, or location are communicated by mail to the address on file with the immigration court.
At the opening of the hearing, the judge verifies the respondent's name, address, and telephone number. According to EOIR (§ 3.14(f)), when an address or phone number changes, a Change of Address/Contact Information Form (Form EOIR-33/IC) is filed.
Is Attendance at a Master Calendar Hearing Required?
A respondent's failure to appear at a master calendar hearing or an individual hearing can result in an in absentia order of removal (EOIR, § 3.16(a)). As the handbook notes, parties generally arrive at the courthouse before the scheduled time, and practitioners check in with court staff (§ 3.14(d)).
What Happens If Someone Misses the Hearing?
According to EOIR (§ 3.16(a)), a failure to appear can lead to an in absentia order of removal. Such an order is not subject to appeal; however, respondents may file a motion to reopen to seek rescission of the in absentia order. The handbook notes that deportation and exclusion proceedings operate under different standards than removal proceedings in this regard (§ 3.16(b)).
Is an Interpreter Provided in Immigration Court?
EOIR states (§ 3.14(f)) that an interpreter is provided when a person's command of English is insufficient to fully understand the proceedings and participate in them.
What Happens When the Respondent Has No Representation (Pro Se)?
As EOIR describes (§ 3.14(g)), when a respondent appears without representation — pro se — the judge explains the respondent's rights and obligations, including the right to a practitioner at no expense to the government, and confirms that the respondent has received a list of pro bono legal service providers. The respondent may waive the right to representation and proceed independently, or may ask the judge to continue the matter to another master calendar hearing in order to find a practitioner. If the respondent remains unrepresented at the next hearing, an explanation of the efforts made to secure representation is generally expected.