By Rusten C. Hurd, Esq. | Colombo & Hurd, PL | http://www.colombohurdlaw.com/
If Immigration and Customs Enforcement (ICE) has commenced removal proceedings, and you’ve received a ‘Notice to Appear’(NTA) in immigration court, it can be a scary and uncertain time. Understanding the process and preparing for court are the first steps in tackling the problem.
What is a Master Calendar Hearing?
Your first court appearance before the immigration court is called a Master Calendar Hearing. If you qualify for a form of relief (examples: asylum, cancellation of removal), then the judge will give you another court date known as an Individual Calendar Hearing.
Preparing for a Master Calendar Hearing
You may receive your court date from an ICE official when you receive your NTA; however, typically, the notice with the date arrives in the mail. You must appear for this court hearing. If you do not, the immigration judge will likely order you deported in your absence.
• Contact an Attorney: After you receive your NTA, you should contact a reputable and experienced attorney who can help you with your deportation defense. An attorney will evaluate your case to see if you qualify for any forms of relief from deportation. An attorney can also explain how the court process works and what to expect. Be honest with your attorney, especially about your arrest history.
• Locate the Court: In preparing for your hearing, you should know where the immigration court is located. Search for the court on Google maps, and be sure you know how you will get to court.
Arriving for your Master Calendar Hearing
If you are coming from out of town, then you should arrive in town the evening before your hearing. You should arrive at court early; typically, cases are heard on a first-come basis, so getting there early means that your case will be called quicker. Also noteworthy is that cases with an attorney will be heard first. Your time in front of the judge will be approximately 10-20 minutes; however, you could wait substantially longer than that for your case to be called.
What Happens at the Master Calendar Hearing?
Many cases are heard during a Master Calendar Hearing. This means that other people and attorneys will be present in the courtroom. When your case is called, you, your attorney, and the government attorney will be seated in front of the judge. A translator is provided free of charge, so if you need an interpreter you should advise your lawyer of this before the hearing.
The first hearing is relatively short, and your attorney will do most of the talking. The judge will review the NTA to see if everything is accurate. The NTA is the charging document and states why the government believes that you are removable from the United States. Your attorney can challenge items on the NTA if you think that they are incorrect; it is important to review this document with your attorney prior to the Master Calendar Hearing.
If you do not understand something, you or your attorney can ask for clarification.
The judge will ask you directly to confirm your name, address, and whether you would like your attorney to represent you.
After reviewing the NTA, your attorney will tell the judge if you are seeking any forms of relief. If you do qualify for relief, the judge will give you a date for your Individual Calendar Hearing and also a date by which you should submit supporting documents. It is essential that you pay attention to these dates as failure to submit documents could mean that you lose your chance to fight your case.
