08. Master Calendar Hearing

Master Calendar Hearing.

Master Calendar Hearing.  Your first hearing in Immigration Court should be what is called a “Master Calendar Hearing.” Like all hearings in front of the Immigration judge, the proceeding will be recorded.  It is very important to be both truthful and accurate at these proceedings because any misrepresentation by you will be recorded and remembered in future proceedings. Just as important as telling the truth, it is necessary that you understand any questions by the Immigration judge or the Department of Homeland Security (DHS) Attorney. It’s obviously intimidating and scary to be in an Immigration Courtroom, but if you do not understand what is being asked of you, just say: “I am sorry, I am not sure I understand the question.” Even if the Immigration Judge or the DHS Attorney get frustrated with you, do not answer questions you do not understand. It is their job − and your right − to state the questions in a way you can understand.   
At the Master Calendar Hearing, the Immigration judge will do the following:  - Advise you of the right to an attorney at no expense to the government. - Advise you of the availability of pro bono [free] lawyers providers and provide you with a list of such legal service providers in the area where the hearing is being conducted. - Advise you of the right to present evidence. - Advise you of the right to examine and object to evidence and to cross-examine any witnesses presented by the Department of Homeland Security. - Explain the charges and factual allegations contained in the Notice to Appear (Form I-862) to you in non-technical language. - Take pleadings. [The form is included below.] - Identify and narrow the factual and legal issues. This is typically just a matter of figuring whether you are eligible to stay in the country. If you have criminal convictions, it will be much more complicated.  - Set individual and specific deadlines for filing applications for relief (i.e. Asylum Applications), briefs, motions, pre-hearing statements, exhibits, witness lists, and other documents.   - Provide certain warnings related to background and security investigations.  - Schedule an “Individual Hearing” to decide contested matters and applications for relief. - Advise you of what will happen to you if you fail  to appear at future hearings. - Advise you, the “respondent,” of your right to appeal to the Board of Immigration Appeals, if for any reason the Immigration judge makes a final decision on your case at the Master Calendar Hearing. Generally, this should not happen unless there is a specific issue in your Immigration history, such as you previously had been removed (deported) from the United States.  

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