What Is A Master Hearing In Immigration Court
Master Hearing Process in Immigration Court
If you’re at risk of being deported, the process can be overwhelming and scary. If you’ve received a Notice to Appear at a master hearing, there are steps to take to defend your case. Neglecting to follow these procedures or not requesting help from an immigration attorney may put you at greater risk for deportation.
What Happens at a Master Hearing in Immigration Court?
During a master hearing in immigration court, the respondent facing removal appears before an immigration judge who informs them of their rights, including the right to be represented by an immigration lawyer. The judge will explain the charges and allegations in the Notice to Appear (NTA) and the respondent can respond to the charges. Future hearings are also scheduled like individual hearings. Evidence isn’t presented at a master hearing and final decisions aren’t made yet.
Who Should Attend a Master Hearing in Immigration Court?
If you’re the person facing removal, both you and your lawyer should attend the master hearing in immigration court. In addition to your attorney, you’re required to be present at the hearing to address the NTA charges, confirm your identity, and understand your rights. Interpreters, witnesses, and legally documented family members are also allowed to attend.
Why Is a Master Hearing Important for Immigration Cases?
A master hearing sets the foundation for the removal proceeding. This preliminary hearing organizes the case and ensures everyone understands the process so evidence and arguments can be presented at the individual hearing.
Master Hearing vs. Individual Hearing in Immigration Court
A master hearing and an individual hearing in immigration court serve different purposes during the removal process. An individual hearing in immigration court is also called a merits hearing, which includes presenting evidence, witnesses, and legal arguments to support the respondent’s case. The immigration judge evaluates the arguments and evidence and makes a final decision as to whether the respondent will be removed or is eligible to stay. The master hearing is a procedural step before the individual hearing.
Required Documents for Immigration Master Hearing
To prepare for an immigration master hearing you need specific documents to address the charges. The NTA outlines the allegations and charges which should be carefully reviewed to properly respond to charges. Bring identification documents like passports or visas to establish identity and immigration status. Supporting documents like applications for asylum, cancellation of removal, or status adjustment should be submitted following court guidelines. Evidence like affidavits, and expert testimony, may strengthen your case. Bringing proof of address is also recommended. Documents should be well-organized, and labeled with their A number.
Common Questions Asked During Immigration Master Hearing
During the immigration court hearing, the judge may ask about your identity like your name, address, and immigration status. They may also ask if you received the NTA and if you understand the charges and allegations. They will ask if you have an attorney or need time to get one. If you’re seeking relief from removal, they may ask about the type of relief you’re pursuing, like asylum or status adjustment.
How to Prepare for Immigration Master Hearing
When you are preparing for a master hearing in immigration court, review the NTA and make sure you understand the details. Bring all required documents. If you need an interpreter or translator, inform the court in advance. Meet with your immigration attorney to develop a strategy to address the allegations so they can present your case and answer the judge’s questions.
What to Do if You Miss Your Master Hearing Date
If you miss your master hearing date in immigration court, you could be removed in absentia. You can ask your lawyer to file a motion to reopen your case as soon as possible. It should explain why you missed the master hearing and provide the reason. This motion should be filed within 180 days of the missed hearing. If you didn’t receive proper notice of the hearing, you can file the motion anytime. Keep your address updated with the court so you get future notices. Consult with an experienced visa immigration lawyer to improve your chances of reopening your case.
What Happens After a Master Hearing Decision
If the judge determines the case is ready to proceed after the master hearing, they will schedule an individual hearing. If more documentation is needed to proceed, the judge will set deadlines to receive it before the individual hearing. Removal decisions are not made during the master hearing.
Mistakes to Avoid During Your Master Hearing in Court
During a master hearing, mistakes can impact your case and potential removal. Failing to appear at the hearing can result in an absentia removal order. All documents should be submitted on time because missing paperwork can delay the hearing and weaken your case. If you don’t understand the charges in the NTA or fail to respond to them, it can cause misunderstandings. Attending the hearing without an experienced lawyer puts you at a disadvantage because they can help you navigate this complex process. Preparation and proper legal guidance are important to ensure you receive a smooth hearing that supports your case.
Can You Be Deported at a Master Calendar Hearing?
It’s unlikely that someone would be deported during a master calendar hearing, although deportation is often the result of a removal proceeding. The master calendar hearing is an initial procedure stage in the removal process. The merits of the case aren’t argued during this hearing and no final decision is made on removal. The decision is made during the individual hearing where evidence and testimony are presented.
Why You Need an Immigration Lawyer for Master Hearings
An immigration lawyer can help you understand the charges against you and advise you on how to respond. They can check all your documents and ensure they’re accurate and submitted by the deadline, avoiding procedural mistakes that could negatively affect your case.
Our goal at North County Immigration is to prepare the best defense and strategy for you to avoid deportation. We’ve built a solid reputation for presenting strong legal arguments and winning complex immigration cases. We want to be your advocate who navigates the legal system for you, ensures your rights are protected, and increases your chances of achieving a favorable outcome.
By Anna M. Hysell
Ms. Hysell is the founding and managing attorney of North County Immigration. After graduating from law school at the University of Wisconsin and getting several years of experience, Ms. Hysell returned to her native Southern California to open an office in North San Diego County to serve clients from the Bay Area to the Mexican Border. She frequently speaks at law conferences, law schools, and workshops providing training to other lawyers. Ms. Hysell is committed to representing individuals with the resolve, compassion, ethics, and values she believes everyone deserves.