Monday, July 2, 2018

Removal Hearing in Immigration

LEGiTiGO




What Will Happen at Your Master Calendar Hearing?

Learn how to prepare yourself for your preliminary immigration hearing.

A master calendar hearing (“MCH”) is a short, preliminary hearing on immigration matters -- the usual start to efforts to remove an immigrant from the United States. You will meet with the Judge and the government attorney to figure out how your case will proceed. The Judge will schedule dates for your submission of written documents, and for your individual merits hearing (at which the substance of your applications or claims and/or defenses will be addressed in detail). If you have an attorney, he or she will answer most of the Judge’s questions.

During a MCH, the Court will not address any legal claims or defenses of your case. You will not be questioned about your case or immigration applications, and will not present any witnesses. The Judge will not make any rulings regarding legal issues in your case.

How to Prepare for Your MCH

You will first receive a Notice to Appear (“NTA”), which will specify the date and place of your MCH. Note that you must personally attend your MCH, even if your lawyer attends as well.
You may bring family members with you to the court. Make sure that they have legal immigration status. Otherwise, they may be arrested. It is not a good idea to bring children. Dress appropriately – in clean, neat, conservative clothes.

Arrive on time at your MCH. If you are absent -- or even late -- you might be ordered deported “in absentia” (due to your absence) or the Judge might deny your legal claims or defenses. Arriving early is a particularly wise idea because going through a security check point can take a while.

Try to find out ahead of time how your local Court operates. Bring important documents with you: your identification documents (passports, a driving license), your NTA (or another “hearing notice” that directed you to come to court), and any original documents that might be helpful at this preliminary stage (based on your lawyer’s suggestion). Also, bring a calendar, because the Judge will schedule deadlines in your case.

During your MCH, you will most likely be before the Judge for about five to 20 minutes only, although you might be in Court for several hours (including time to check in and wait). Plan accordingly.

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