Featured News 2013 The Master Calendar Hearing: What to Expect

The Master Calendar Hearing: What to Expect

Even though this is a preliminary hearing, a lot can be at stake. This hearing is often the first step in the removal (or deportation) process. Failure to appear at the hearing, or even showing up late, means that the court might order that you be deported, or that a judge will deny your applications, such as a petition for asylum. In order to defend your rights, it is important that you are equipped with the knowledge of what will happen and how you need to get ready.

The process starts off when you get a Notice to Appear. This document will tell you when and where you need to show up for your master calendar hearing. You absolutely must appear at this hearing, and on time. If you want to bring adult relatives to court, that is permissible, just be certain that they can prove legal immigrant status. It is a good idea to appear in conservative dress. Again, do not be late at all. You should probably plan to be early, just to be safe. Before your hearing, you will have to spend time getting through security as it is.

When you show up, you will want to have certain papers with you. You need documents such as passports, a driver's license, your Notice to Appear, and any other papers that your lawyer says you will need. It may be a good idea to take a calendar or planner with you, so you can immediately jot down the court dates the judge assigns to you at the hearing. The hearing itself may only take you five to twenty minutes, but unfortunately, you may have to expect a several-hour wait before your turn comes.

Other people will join you as you wait for your name to be called. When it is your turn, the judge will announce your alien registration number as well as your name. This is the time that you come before a judge. If you need to speak, only speak in English if it is easy for you. Otherwise, you may not be able to communicate everything that you want to. If necessary, you can ask for an interpreter, which the court can provide. If there are issues in the way that translator is interpreting, or you are having a hard time communicating with him or her, then you can ask for a different interpreter. If necessary, the judge can reschedule your master calendar hearing so that you can have an adequate translator from the court.

The judge will look over your charges and name them off. At each charge, you are given the opportunity to deny or confirm these charges. If there is a mistake in your charges, this is your chance to fix them. Be sure to deny any fraud charges. After you have gone through your charges, you can inform the judge about your petition. This could mean applying for asylum, a withdrawal of removal, an adjustment of status, etc. If you need to petition for asylum, you will need to apply for a withholding of removal and United Nations Convention Against Torture protection as well. Any errors in the charges or applications can be costly, so be sure everything is in order.

After all the pertinent issues are dealt with, the judge will assign you dates. You will be told when to submit any applications. You may get a date for an additional master calendar hearing, or you may get a date for the next step in the process, the individual merits hearing. If you feel that you need more time than you have been given, you may be able to ask for an extension or a new date, as long as you provide a justification. If you still do not have a lawyer, ask for a continuance, which means an additional master calendar hearing. This can give you the time you need to get an attorney.

You would greatly benefit from the legal counsel and representation of an immigration attorney. Success may require having a committed advocate on your side.

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