Videoconferencing in Removal Hearings: A Case Study of the ...

At the Master Calendar hearing, the judge is required to advise the immigrant of
his or her right to representation (at no expense to the government), the right to a
continuance to obtain counsel or prepare a defense, and the availability of free legal
services. The judge ideally uses the hearing to learn the basic facts of the case, whether
the NTA was properly served, and what applications for relief may be filed. The
immigrant will typically plead to the charges in the NTA. If the immigrant admits and
concedes the charges, (s)he may indicate which applications for relief the (s)he intends to
file with the Court. 41 If there are contested issues of law, the court may set a briefing
schedule and schedule another Master Calendar hearing to address these issues, or the
judge may decide the issue then and there. The judge often issues a ruling as to whether
the immigrant is subject to removal as
charged at the Master Calendar hearing.
If the immigrant agrees to removal, the
court may consider motions for voluntary
departure or withdrawal of an application for admission. 42
24
Although EOIR materials describe
Master Calendar hearings as a kind of
preliminary hearing, Immigration
Judges often make decisions at Master
Calendars that have sweeping import.
Although EOIR materials describe Master Calendar hearings as a kind of
preliminary hearing, Immigration Judges often make decisions at Master Calendars that
have sweeping import. First, though it is technically not part of the Master Calendar
hearing, judges often hold a bond hearing immediately before or after a videoconference
41 An immigrant may file various applications for relief from removal, which, if granted, will allow
him/her to maintain or be granted lawful status to remain in the United States. See, e.g., 8 U.S.C. § 1229b
(providing for the “cancellation of removal” of lawful permanent residents convicted of certain crimes);
8 U.S.C. § 1158 (providing for asylum status to be granted to immigrants who have a well-founded fear of
persecution). In many cases, an immigrant is eligible for relief from removal even where the Immigration
Judge has found her inadmissible or deportable as charged on the NTA.
42
See EXECUTIVE OFFICE OF IMMIGRATION REVIEW, IMMIGRATION JUDGE BENCHBOOK Ch. IV.III, V.II.B
(2001).