ICPM ch. 3.14

(e) Scope of the Master Calendar Hearing – As a general matter, the purpose of the master calendar hearing is to:

• advise the respondent of the right to a practitioner at no expense to the government;

• advise the respondent of the availability of pro bono legal service providers and provide the respondent with a list of such providers in the area where the hearing is being conducted;

• advise the respondent of the right to present evidence;

• advise the respondent 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 the respondent in non-technical language;

• take pleadings;

• identify and narrow the factual and legal issues;

• set deadlines for filing applications for relief, briefs, motions, pre-hearing; statements, exhibits, witness lists, and other documents;

• provide certain warnings related to background and security investigations;

• schedule hearings to adjudicate contested matters and applications for relief;

• advise the respondent of the consequences of failing to appear at subsequent hearing; and

• advise the respondent of the right to appeal to the Board of Immigration Appeals.

See INA §§ 240(b)(4), 240(b)(5), 8 C.F.R. §§ 1240.10, 1240.15.

(f) Opening of a Master Calendar Hearing – The Immigration Judge turns on the recording equipment at the beginning of the master calendar hearing.  The hearing is recorded except for off-the-record discussions.  See Chapter 3.9 (Record).  On the record, the Immigration Judge identifies the type of proceeding being conducted (e.g., a removal proceeding); the respondent’s name and A-number; the date, time, and place of the proceeding; and the presence of the parties.  The Immigration Judge also verifies the respondent’s name, address, and telephone number.  If the respondent’s address or telephone number have changed, the respondent must submit a change of address form (Change of Address/Contact Information Form, Form EOIR-33/IC).

If necessary, an interpreter is provided to an alien whose command of the English language is inadequate to fully understand and participate in the hearing.  See Chapter 3.10 (Interpreters), subsection (o), below.  If necessary, the respondent is placed under oath.

(g) Pro Se Respondent – If the respondent is unrepresented (“pro se”) at a master calendar hearing, the Immigration Judge advises the respondent of his or her hearing rights and obligations, including the right to be represented by a practitioner at no expense to the government.  In addition, the Immigration Judge ensures that the respondent has received a list of pro bono legal service providers in the area where the hearing is being held.  The respondent may waive the right to be represented and choose to proceed pro se.  Alternatively, the respondent may request that the Immigration Judge continue the proceedings to another master calendar hearing to give the respondent an opportunity to obtain representation. 

If the proceedings are continued but the respondent is not represented at the next master calendar hearing, the respondent will be expected to explain his or her efforts to obtain representation.  The Immigration Judge may decide to proceed with pleadings at that hearing or to continue the matter again to allow the respondent to obtain representation.  If the Immigration Judge decides to proceed with pleadings, he or she advises the respondent of any relief for which the respondent appears to be eligible.  Even if the respondent is required to enter pleadings without representation, the respondent still has the right to obtain representation before the next hearing.  See Chapter 3.4 (Representation).   

(h) Entry of Appearance as Practitioner of Record – If a respondent is represented, the practitioner of record should file any routinely submitted documents at the beginning of the master calendar hearing.  The practitioner of record must also serve such documents on the opposing party.  See Chapter 2.2 (Service on the Opposing Party).  Routinely- submitted documents include the Notice of Appearance (Form EOIR-28) and the change of address form (Form EOIR-33/IC); Part I, Chapters 5.3 (Entering an Appearance as the Practitioner of Record), 5.1(b) (Address Obligations), 5.1(c) (Address obligations of represented respondents). 

(i) Pleadings – At the master calendar hearing, the parties should be prepared to plead as follows.

      (1) Respondent - The respondent should be prepared:

• to concede or deny service of the Notice to Appear (Form I-862)

• to request or waive a formal reading of the Notice to Appear (Form I-862)

• to request or waive an explanation of the respondent’s rights and obligations in removal proceedings

• to admit or deny the charges and factual allegations in the Notice to Appear (Form I-862)

• to designate or decline to designate a country of removal 

• to state what applications(s) for relief from removal, if any, the respondent intends to file

• to identify and narrow the legal and factual issues

• to estimate (in hours) the amount of time needed to present the case at the individual calendar hearing

• to request a date on which to file the application(s) for relief, if any, with the immigration court

• to request an interpreter for the respondent and witnesses, if needed

A sample oral pleading is included in Appendix J (Sample Oral Pleading

      (2) Department of Homeland Security - The Department of Homeland Security (DHS) attorney should be prepared:

• to state DHS’s position on all legal and factual issues, including eligibility for relief;

• to designate a country of removal;

• to file with the immigration court and serve on the opposing party all documents that support the charges and factual allegations in the Notice to Appear (Form I-862); and to serve on the respondent the DHS biometrics instructions, if appropriate. 

(j) Written Pleadings – In lieu of oral pleadings, the Immigration Judge may permit represented parties to file written pleadings, if the party concedes proper service of the Notice to Appear (Form I-862).  See Appendix I (Sample Written Pleading).   

(k) Background Checks and Security Investigations – For certain applications for relief from removal, DHS is required to complete background and security investigations.  See 8 C.F.R. § 1003.47.  For non-covered relief, such investigations are not required but may warrant a discretionary grant of a continuance for DHS to complete the investigations.  See 8 C.F.R § 1003.47(j)–(k).  Questions regarding background checks and security investigations should be addressed to DHS.

      (1) Non-detained cases - If a non-detained respondent seeks relief requiring background and security investigations, the DHS attorney provides the respondent with the DHS biometrics instructions.  The respondent is expected to promptly comply with the DHS biometrics instructions by the deadlines set by the Immigration Judge.  Failure to timely comply with these instructions will result in the application for relief not being considered unless the applicant demonstrates that such failure was the result of good cause.  8 C.F.R. § 1003.47(d).

In all cases in which the respondent is represented, the practitioner of record should ensure that the respondent understands the DHS biometrics instructions and the consequences of failing to timely comply with the instructions.

      (1) Interpreters - If a party anticipates that an interpreter will be needed at the individual calendar hearing, the party should request an interpreter, either by oral motion at a master calendar hearing, by written motion, or in a written pleading.  Parties should  submit requests for interpreters at the master calendar hearing rather than following the hearing.  A written motion to request an interpreter should be filed with a cover page labeled “MOTION TO REQUEST AN INTERPRETER,” and comply with the deadlines and requirements for filing.  See Chapter 2 (Filing with the Immigration Court), Appendix D (Cover Pages).  

A request for an interpreter, whether made by oral motion, by written motion, or in a written pleading, must contain the following information:

• the name of the language requested, including any variations in spelling;

• the specific dialect of the language, if applicable;

• the geographical locations where such dialect is spoken, if applicable;

• the identification of any other languages in which the respondent or witness is fluent, if applicable; and

• any other appropriate information necessary for the selection of an interpreter.

      (2) Video testimony - In certain instances, witnesses may testify by video at the individual calendar hearing, at the Immigration Judge’s discretion.  Video testimony may be requested only by written motion.  

A written motion to request video testimony should be filed with a cover page labeled “MOTION TO PRESENT VIDEO TESTIMONY,” and comply with the deadlines and requirements for filing.  See Chapter 2 (Filing with the Immigration Court), Appendix D (Cover Pages). A motion to present video testimony must include an explanation of why the witness cannot appear in person.  In addition, parties wishing to present video testimony must comply with the requirements for witness lists.  See Chapter 2.3(g) (Witness Lists).

If video testimony is permitted, the Immigration Judge specifies the time and manner under which the testimony is taken.  

     (3) Telephonic testimony - In certain instances, witnesses may testify by telephone, at the Immigration Judge’s discretion.  If a party wishes to have witnesses testify by telephone at the individual calendar hearing, this may be requested by oral motion at the master calendar hearing or by written motion.  If telephonic testimony is permitted, the court specifies the time and manner under which the testimony is taken.  

A written motion to request telephonic testimony should be filed with a cover page labeled “MOTION TO PRESENT TELEPHONIC TESTIMONY,” and comply with the deadlines and requirements for filing.  See Chapter 2 (Filing with the Immigration Court), Appendix D (Cover Pages).  In addition, parties wishing to present telephonic testimony must comply with the requirements for witness lists.  See Chapter 2.3(g) (Witness Lists).   

           (A) Contents - An oral or written motion to permit telephonic testimony must include:

• an explanation of why the witness cannot appear in person; and 

• the witness’s telephone number and the location from which the witness will testify.   

           (B) Availability - A witness appearing by telephone must be available to testify at any time during the course of the individual calendar hearing. 

           (C) Cellular telephones - Unless permitted by the Immigration Judge, cellular telephones should not be used by witnesses testifying telephonically.                                                 

           (D) International calls - If international telephonic testimony is permitted, the requesting party must bring a pre-paid telephone card to the immigration court to pay for the call.

(p) Adjournment — The Immigration Judge may adjourn a hearing as necessary.  See Appendix M (Immigration Court Adjournment Codes) providing adjournment, call-up, and case identification codes used to track case information in the Executive Office for Immigration Review’s case management system.