What to Expect in Removal Proceedings before the Immigration Court

Written By Pamela Munoz

As you navigate removal proceedings, understanding the distinction between hearing types is vital to your defense strategy. Here is a broad overview and guide to the two primary stages of the Immigration Court process.

1. The Master Calendar Hearing (MCH)

The Master Calendar Hearing is a preliminary, procedural session. Think of it as a "check-in" where the court organizes its docket and establishes the legal framework for your case.

  • Duration: Typically 10–20 minutes, though you should expect to be in court for several hours as the judge hears multiple cases scheduled at the same time.

  • Key Objectives:

    • Confirming Information: The judge verifies your identity (name, address, and A-number) and ensures you received the Notice to Appear (NTA).

    • Entering Pleadings: You must admit or deny the factual allegations and legal charges in the NTA. Making these admissions is legally binding and should only be done with expert legal counsel.

    • Identifying Relief: You will state which forms of relief you are pursuing, such as Asylum or Cancellation of Removal.

    • Setting Deadlines: The judge establishes strict dates for filing your applications, evidence, and witness lists.

  • Critical Requirement: You must attend this hearing personally, even if you are represented by an attorney. Failure to appear often results in an automatic, immediate order of removal.

2. The Individual (Merits) Hearing

The Individual Hearing is the equivalent of a full trial. This is the decisive moment where the judge hears the substantive arguments of your case.

  • Duration: This hearing can last several hours or may be split across multiple days depending on complexity.

  • The Process:

    • Sworn Testimony: You will be placed under oath to provide a detailed account of your claim.

    • Direct & Cross-Examination: Your attorney will question you to build your record; subsequently, the DHS government attorney will cross-examine you to challenge your eligibility or credibility.

    • Witness Presentation: Expert or fact witnesses may be called to support your claims.

    • Evidence Review: The judge reviews all previously submitted documents, including country condition reports and personal affidavits.

  • The Decision: At the conclusion, the judge may issue an oral decision immediately or schedule a date to release a written ruling.

Pamela Munoz