Immigration court proceedings typically involve multiple hearings. Understanding what happens at each stage helps you prepare effectively.
Key Takeaways
- Master calendar is a short, preliminary hearing
- Individual/merits hearing is where evidence is presented
- Preparation differs significantly for each type
- Missing either can result in removal orders
Master Calendar Hearing
This is a brief hearing where the judge confirms the charges, asks about legal representation, and schedules future dates. Many cases are heard in the same session.
Individual (Merits) Hearing
This is your trial. You present evidence, testimony, and legal arguments. The government presents its case. The judge makes a decision.
Pleading to the NTA
The MCH is where you "plead" to the charges. You will admit or deny the factual allegations (e.g., "You are not a citizen") and the charge of removability.
Strategic Tip: Experienced attorneys often deny the factual allegations to force the government to prove them with evidence (the "burden of proof"). Never admit to a criminal conviction allegation without analyzing the record; sometimes the government has the wrong statute citation, and admitting it relieves them of the work.
In Absentia Orders
If you miss your MCH, the Judge will order you removed "in absentia" (in your absence). This is automatic. The only way to undo this is to file a Motion to Reopen showing "exceptional circumstances" (like serious illness or death of a spouse) or "lack of notice." Traffic or forgetting the date are NOT exceptional circumstances.
Designating Relief
You must tell the Judge what defense you plan to apply for (Asylum, Cancellation, 42B, etc.). If you fail to designate relief, the Judge can deem it abandoned and order removal. This is why having an attorney at the first hearing is safer than going alone.
Pleading to the NTA: Strategic Denials
At the Master Calendar Hearing, the Judge will ask you to admit or deny the "factual allegations" in the NTA (e.g., "You are not a citizen," "You entered on X date").
Strategic Tip: We almost never admit the allegations immediately. We say: "Respondent admits their name but denies all other allegations and charges." This forces DHS to go find the paperwork. If the government lost your file (which happens), they cannot prove your deportability, and the case gets thrown out.
Designating a Country of Removal
You have the right to designate where you want to be deported if you lose. While you naturally choose your home country, this right prevents them from deporting you to a random third country where you have no ties. It’s a procedural shield.
Don't Risk Your Immigration Future—Get Professional Advice
Every case is unique, and small mistakes can lead to years of delays or denial. Don't rely on general online information. Schedule a consultation to discuss your specific situation with an experienced attorney who can protect your rights.
We offer a free 15-minute consultation to review your case.
Get Your Free Consultation NowDo I have to bring my children?
If the children are named on their own NTAs (which is common for family units), yes, they technically must appear unless the Judge waives their presence. Always ask your attorney. Some judges are strict; others prefer children not be in the courtroom.
Can I speak to the prosecutor?
Yes, the DHS attorney (OCC) is in the room. Your attorney can discuss "Prosecutorial Discretion" (PD) to see if they will agree to dismiss the case if you have no criminal record and strong equity.
Disclaimer: This article is for general information only and is not legal advice.