If you are in removal proceedings before an Immigration Court, you may hear your attorney refer to a Master Calendar Hearing or an Individual Hearing, sometimes called a Merits Hearing. Although both take place before an Immigration Judge, they happen at different points in an immigration case and serve different purposes. Understanding the difference can help you know what to expect and how to prepare for each stage of your case.
What Is a Master Calendar Hearing?
A Master Calendar Hearing is generally a shorter, preliminary hearing used to address scheduling and procedural matters in your immigration case. It is not usually the hearing where the Immigration Judge makes a final decision about whether you can remain in the United States.
At a Master Calendar Hearing, the Immigration Judge may:
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Review the charges against you in your Notice to Appear (NTA);
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Ask whether you admit or deny the allegations and charges against you;
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Identify what immigration relief you are seeking, such as asylum, cancellation of removal, or adjustment of status;
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Set deadlines for filing applications and supporting evidence;
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Address issues involving representation by an attorney; and
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Schedule future hearings, including an Individual Hearing.
Master Calendar Hearings are often relatively brief. Because Immigration Judges may schedule many cases during the same court session, you may spend significantly more time waiting for your case to be called than actually speaking with the Judge.
Depending on your case and the Immigration Court, you may have more than one Master Calendar Hearing before your case is ready for an Individual Hearing.
What Is an Individual or Merits Hearing?
An Individual Hearing, also known as a Merits Hearing, is much more detailed. This is generally the hearing where you present your case to the Immigration Judge and ask the Judge to grant the immigration relief you are seeking. Unlike a Master Calendar Hearing, an Individual Hearing may last several hours and is usually scheduled specifically for your case.
During the hearing, you may:
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Testify under oath about your case;
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Answer questions from your attorney;
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Be questioned by an attorney representing the Department of Homeland Security (DHS);
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Present witnesses;
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Submit and discuss documents and other evidence; and
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Explain why you qualify for the immigration relief you are requesting.
For example, if you are applying for asylum, you may testify about what happened to you in your home country, why you are afraid to return, and why you believe you qualify for protection in the United States. The DHS attorney may challenge your testimony or evidence and argue that your application should be denied. The Immigration Judge may also ask you questions.
At the end of the hearing, the Judge may issue a decision immediately or may provide a written decision at a later date.
How Should You Prepare?
Preparation is important for every Immigration Court hearing, but preparation for an Individual Hearing is usually much more extensive. Before a Master Calendar Hearing, your attorney will generally focus on understanding the charges against you, identifying the relief you may qualify for, and making sure important applications and deadlines are addressed.
Before an Individual Hearing, you and your attorney may spend significant time reviewing your application, preparing your testimony, organizing evidence, preparing witnesses, and discussing the types of questions you may be asked. You should make sure your attorney knows about any important changes or new information before your hearing. By providing your attorney with changes or new information about your life or your case, your attorney can file updates to your application with the court and sufficiently prepare your evidentiary submissions. Before your Individual Hearing, you should also carefully review your applications and supporting documents so that you are familiar with the information that has been submitted to the Court.
What Happens If You Miss Your Hearing?
Do not miss an Immigration Court hearing. If you fail to appear for a scheduled hearing, the Immigration Judge may order you removed from the United States in your absence, depending on the circumstances.
Always keep track of your hearing dates, promptly notify your attorney of any notices you receive, and make sure the Immigration Court has your current address.
Summary
A Master Calendar Hearing primarily deals with procedural matters, deadlines, and determining how your case will move forward. An Individual or Merits Hearing is where you generally present testimony and evidence to prove that you qualify for the immigration relief you are requesting.
Both hearings are important. Knowing which type of hearing you have scheduled – and preparing appropriately – can help you understand what to expect as your immigration case moves forward. If you are currently in removal proceedings or have an upcoming Immigration Court hearing, an experienced immigration attorney can review your case, explain your options, and help you prepare for the proceedings.
We Can Help!
If you have questions regarding U.S. Immigration, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
SIANA J.MCLEAN is a Partner at Richards and Jurusik, who practices immigration law with a focus on asylum, removal defense, and immigration court matters. She has extensive experience representing clients before U.S. Immigration Courts and the Board of Immigration Appeals. (Full Bio)
