Master Calendar vs. Individual Hearing

A master calendar hearing is the first, short court date in immigration court, where the judge explains your rights, takes your pleadings and sets the schedule. An individual hearing (also called a merits hearing) is the longer trial where you present your case for staying in the United States. Here is what happens at each one, what to bring, and what is at stake if you miss either.

Key Takeaways

• The master calendar hearing is where you respond to the charges in your Notice to Appear (admit or deny), name the country for removal, and tell the judge what relief you plan to request.
• The individual hearing is where testimony and evidence are presented under oath and the judge decides the contested issues.
• A removal order entered because you did not appear is very hard to undo, so know your hearing date and keep your address current with the court.

What is a master calendar hearing?

The Executive Office for Immigration Review (EOIR) describes the master calendar hearing as a short, preliminary hearing before the Immigration Judge to determine how the case will proceed. The Immigration Court Practice Manual says master calendar hearings are held for pleadings, scheduling, and other similar matters. Many people are in the courtroom at the same time, and each case is called in turn, which is why these hearings tend to be brief.

At the hearing, the judge advises you of your rights, explains the charges in plain language, takes your pleadings, identifies the legal and factual issues, sets deadlines, and schedules the next hearing. The judge also warns you about the consequences of failing to appear later. There can be more than one master calendar hearing in a case, so do not assume the first one is the only one before the trial.

Your case starts with a Notice to Appear. If you have not read it closely, our guide to what a Notice to Appear is and what it means is a good place to begin. The Practice Manual says there should be at least ten days between service of the Notice to Appear and the first master calendar hearing, unless you sign a written request for a prompt hearing.

What are pleadings, and what do I say at the hearing?

Pleadings are your formal answers to the government’s charges. Under 8 CFR 1240.10, the judge requires you to admit or deny the factual allegations in the Notice to Appear and the charge of removability. The same rule allows the judge to find that removability has been established based on your admissions if no legal issues remain. That is why the answers you give matter. An admission is not a formality.

The Practice Manual lists the other things you are expected to address: whether you accept that the Notice to Appear was properly served, whether you will apply for relief and how much time you need, and whether you want to designate a country of removal. The designation of a country is your choice to make or to decline. Under the regulation, if you are ordered removed, the country you designate is the first place the government considers, with limited exceptions. This decision can affect your case, so we recommend talking it through with an attorney before the hearing rather than deciding at the podium.

Pleadings can be oral, and in some situations they can be filed in writing instead. Written pleadings are only available if you concede that the Notice to Appear was properly served, so whether that option fits your case depends on the facts.

How do I apply for relief?

Relief is the legal basis you ask the judge to grant so you can stay, such as asylum, cancellation of removal, or adjustment of status. The judge must inform you of your apparent eligibility for relief and give you a chance to apply. An asylum or withholding application is filed with the Immigration Court itself. Our overview of forms of relief in deportation defense explains the main options, and our post on Form I-589 covers the asylum application.

At the master calendar hearing you ask the judge for a date to file your application, and the judge sets a deadline. Treat that deadline seriously. The Practice Manual also explains that certain applications require background and security checks. For people who are not detained, failing to comply with biometrics instructions on time can mean the application will not be considered unless you show good cause.

What happens at an individual hearing?

The individual hearing is a lengthier hearing at which the person argues why they are eligible to stay, according to EOIR’s own description. The Practice Manual states that contested matters include challenges to removability and applications for relief. Witnesses testify under oath, the judge may ask questions of you and any witness at any time, and the government’s attorney may cross-examine. Interpreters are available where needed. A person without a lawyer may testify, present witnesses and cross-examine the government’s witnesses.

The judge can decide at the end of the hearing or on a later date, orally or in writing. Whatever the decision, it is a decision by a trial-level judge, and it can generally be reviewed on appeal. Our post on the deportation process from arrest to removal shows where each hearing sits in the larger picture.

The main differences are simple. The master calendar hearing is procedural: you answer the charges and set the schedule. The individual hearing is evidentiary: the judge decides contested issues after hearing testimony and reviewing your evidence. Your evidence, witnesses and applications should be ready before the individual hearing, not assembled at the last minute.

What should I bring to court?

Every case is different, and the judge or the court’s instructions in your case control. As a general starting point, people bring:

• The Notice to Appear and every hearing notice you have received.
• Government-issued identification and your A-number, if you have one.
• Any documents you have received from the court, DHS or USCIS.
• Copies of any applications or evidence you plan to file, if your attorney has told you to bring them.
• Your attorney’s contact information, if you have one.

The Practice Manual tells people to arrive early and expect security screening. If you need an interpreter, tell the court. The Practice Manual strongly encourages parties to request interpreters at the master calendar hearing itself, and to give the language and dialect. Do not assume the court knows your dialect from the country listed on your paperwork.

What happens if I miss immigration court?

If you do not appear at a master calendar or an individual hearing, the judge can order you removed in your absence. The Practice Manual states that any delay in appearing may result in the respondent being ordered removed in absentia, and that there is no appeal from an in absentia removal order. Under 8 CFR 1003.26, the government must prove removability by clear, unequivocal, and convincing evidence and show that written notice was provided to you or your counsel. Written notice to your most recent address counts, so a missed mailing after a move can be a serious problem.

The consequences reach past the order itself. Under 8 U.S.C. 1229a(b)(5), a person ordered removed in absentia after receiving oral notice of the hearing and its consequences is ineligible for several forms of relief for 10 years, including cancellation of removal, voluntary departure, and adjustment of status.

The main way back is a motion to reopen. According to the EOIR Policy Manual, a motion based on exceptional circumstances beyond your control (such as serious illness) must be filed within 180 days of the order. A motion based on not receiving proper notice, or on being in federal or state custody through no fault of your own, can be filed at any time. Filing the motion automatically stays removal until the judge decides it, and only one such motion is allowed. Because the rules are strict, this is a situation where waiting to get advice can cost you.

Is it different if I am detained?

Yes, in practice. Detained and non-detained cases run on separate dockets. EOIR has long prioritized detained cases for faster scheduling, and a 2020 EOIR policy memorandum on docketing described that priority in detail. Docketing policies change, so we do not assume any particular timeline for a specific person. The pace of a detained case depends on the court and the facts.

A bond hearing is a separate proceeding from the removal case. If someone you love is in ICE custody, our guide to supporting a loved one in ICE detention explains how families can help. Whether bond, habeas corpus, or parole is available depends on the person’s history and how they entered, so it needs an individual review.

How do I prepare?

• Know your date and court. EOIR’s Automated Case Information system shows basic status for some cases when you enter an A-number and nationality. EOIR says it is provided for convenience only, so rely on the notices the court sends you.
• Keep your address current. Court notices go to the address on file. Use the court’s change of address form (EOIR-33/IC) whenever you move.
• Read your Notice to Appear. Note each allegation and the charge. Do not decide what to admit or deny without advice.
• Gather evidence early. Identity documents, proof of presence and family ties, and anything tied to the relief you may seek.
• Ask about representation. The judge will explain your right to counsel and can give you time to find a lawyer. Tell the judge if you are still looking.

Waiting times before a first hearing vary widely by court. Our post on why Florida immigration courts are backed up explains why dates can be far off, and why an approaching date should never be treated as optional.

Frequently Asked Questions

Do I have to say anything at a master calendar hearing?

The judge will ask you to respond to the allegations and the charge in your Notice to Appear, and to say what relief you plan to seek. What you say matters, because admissions can be used to establish removability. We recommend getting legal advice about your answers before the hearing.

Can I be deported at a master calendar hearing?

It is possible. If removability is established and you have no relief to request, the judge can decide the case at that stage. It is also possible to leave a master calendar hearing with only a new date and a deadline to file your application.

How long is the wait between the master calendar hearing and the individual hearing?

It depends on the court, the judge, and whether you are detained. The judge sets the date at the master calendar hearing, and there can be more than one master calendar hearing first, so there is no single timeline we can give you.

What if I never got the notice of my hearing?

If you did not receive proper notice, a motion to reopen an in absentia order can be filed at any time, according to the EOIR Policy Manual. Do not wait, and bring every piece of mail and any address history to an attorney as soon as you can.

How We Can Help

We help people understand where their case stands, what the judge will ask at each hearing, and what relief may fit their facts. If you have a hearing date, a Notice to Appear, or a removal order and are not sure what comes next, call us at (407) 917-2087 or start with a free pre-evaluation. We review the facts to see whether we can help, and if it is a fit, we will invite you to a paid consultation with a written flat-fee quote.

Our founding attorney Denisse Ilabaca is Board Certified in Immigration and Nationality Law by The Florida Bar, a distinction held by fewer than two percent of Florida attorneys.

This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship with Ilabaca Law, PLLC. Immigration rules and court procedures change often, so talk with a licensed attorney about your situation before you act.