Tooby's California Post-Conviction Relief for Immigrants

(A)

Master Calendar Hearing.  The first hearing before an immigration judge will generally be a Master Calendar hearing, at which the Immigration Judge ensures that the respondent has received and understands the NTA, determines whether an interpreter is necessary,[69] whether the respondent has or wishes time to find an attorney, and sets briefing schedules. 

The Immigration Judge may also request that the respondent admit or deny the allegations in the NTA and ask whether the noncitizen will concede or contest the charges of removal.[70]  There will often be more than one master calendar hearing in any given case.[71]  During a master calendar hearing there may be more than one respondent in the court, and the judge may address all respondents as a group.  This practice is more common in DHS detention centers and can lead to due process violations that the more careful federal courts are more willing to find.

Immigration hearings may be conducted by teleconference or videoconference.[72]  The presence of the respondent may be waived if counsel is present.[73]  The proceedings are recorded.[74]  A respondent may stipulate to an order of removal, rather than participate in removal proceedings.[75]

[69] 8 C.F.R. § 1003.22.  See Criminal Defense of Immigrants Chapter 4.

[70] 8 C.F.R. § 1003.21.

[71] The immigration judge may grant a motion for continuance for good cause shown.  8 C.F.R. § 1003.29.

[72] 8 C.F.R. § 1003.25(c).

[73] 8 C.F.R. § 1003.25(a).

[74] 8 C.F.R. § 1003.36.

[75] 8 C.F.R. § 1003.25(b).