What to Expect During Deportation Hearings

Table Of Contents

What Happens at an Initial Master Calendar Hearing?

An initial Master Calendar Hearing is the first court appearance in deportation proceedings. The immigration judge conducts the initial Master Calendar Hearing. The immigration judge addresses preliminary matters at the initial Master Calendar Hearing. The government attorney presents the Notice to Appear at the initial Master Calendar Hearing. The Notice to Appear is the charging document. The Notice to Appear specifies the reasons for deportation proceedings.
Your immigration lawyer represents you at the initial Master Calendar Hearing. Your immigration lawyer reviews the Notice to Appear with you. Your immigration lawyer helps you understand the allegations. You admit or deny the allegations in the Notice to Appear. You also inform the court of your desired relief from deportation. The immigration judge sets future hearing dates. The immigration judge also sets deadlines for filings.

What Is a Master Calendar Hearing?

A Master Calendar Hearing is a preliminary hearing in immigration court. The immigration judge manages the court's calendar at the Master Calendar Hearing. The immigration judge addresses multiple cases at the Master Calendar Hearing. The immigration judge does not hear testimony from witnesses at the Master Calendar Hearing. The immigration judge does not make final decisions at the Master Calendar Hearing.
The Master Calendar Hearing serves as a scheduling and administrative session. The immigration judge confirms your identity at the Master Calendar Hearing. The immigration judge verifies your address. The immigration judge determines whether you have an immigration lawyer. The immigration judge advises you of your rights. The immigration judge explains the deportation process.

What Occurs During an Individual Hearing?

An Individual Hearing is the main evidentiary hearing in deportation proceedings. The immigration judge hears arguments and evidence at the Individual Hearing. The immigration judge makes a final decision at the Individual Hearing. The Individual Hearing is a more formal proceeding than a Master Calendar Hearing. The Individual Hearing focuses on your specific case.
Your immigration lawyer presents your defence at the Individual Hearing. Your immigration lawyer calls witnesses to testify. Your immigration lawyer introduces documents as evidence. The government attorney also presents their case. The government attorney cross-examines your witnesses. The immigration judge considers all evidence presented. The immigration judge determines whether you qualify for relief from deportation.

What Is an Individual Hearing?

An Individual Hearing is a trial on the merits of your case. The immigration judge listens to testimony from all parties at the Individual Hearing. The immigration judge reviews all submitted evidence at the Individual Hearing. The Individual Hearing determines your eligibility for various forms of relief. The Individual Hearing is a important stage in the deportation process.
The Individual Hearing allows you to present your arguments against deportation. You or your immigration lawyer explain why you should remain in the country. The government attorney presents reasons for your deportation. The immigration judge weighs the evidence from both sides. The immigration judge issues a decision at the conclusion of the Individual Hearing.

How Does an Immigration Judge Decide During Deportation Hearings?

An immigration judge makes a decision based on the evidence presented at the Individual Hearing. The immigration judge considers the testimony of witnesses. The immigration judge reviews all documentary evidence. The immigration judge applies immigration law to the facts of your case. The immigration judge's decision determines the outcome of your deportation proceedings.
The immigration judge issues a written or oral decision. The immigration judge's decision explains the reasons for the ruling. The immigration judge's decision outlines any relief granted or denied. The immigration judge's decision provides instructions for any further actions. Both you and the government have the right to appeal the immigration judge's decision.

How to Appeal a Deportation Decision?

To appeal a deportation decision, you must file a Notice of Appeal with the Board of Immigration Appeals (BIA). The Notice of Appeal must be filed within 30 calendar days of the immigration judge's decision. Your immigration lawyer prepares the Notice of Appeal. Your immigration lawyer makes sure the Notice of Appeal includes the grounds for appeal.
The BIA reviews the immigration judge's decision. The BIA considers the arguments presented in the appeal brief. Your immigration lawyer drafts the appeal brief. The BIA may affirm, reverse, or remand the immigration judge's decision. A remand sends the case back to the immigration judge for further proceedings.

FAQS

What is a Notice to Appear?

A Notice to Appear is the charging document in deportation proceedings. The Notice to Appear outlines the government's reasons for seeking your deportation. The Notice to Appear starts the formal immigration court process.

Who is the government attorney?

The government attorney represents the Department of Homeland Security (DHS). The government attorney argues for your deportation. The government attorney presents evidence against you.

Can I represent myself in court?

You have the right to represent yourself in immigration court. However, immigration law is complex. An immigration lawyer provides expert guidance and representation.

What is relief from deportation?

Relief from deportation is a legal option. This option allows a person to remain in the country. Examples of relief from deportation include asylum. Other examples include cancellation of removal. Adjustment of status is another example.

What happens if I miss a hearing?

What happens if I miss a hearing? Missing a hearing has serious consequences. The immigration judge issues a deportation order in the respondent's absence. The immigration court calls the order an in absentia order.

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