Speaker 1: So the U.S. government is trying to deport you and has said that you need to go to immigration court to defend yourself, to try to avoid getting sent back to your country. This is a tough position to be in, and the stress is only compounded by the uncertainty of what exactly awaits you in immigration court. In this video, I'm going to tell you everything you need to know about your first hearing in immigration court, which is called a master calendar hearing. Watch this video to the end, and you can approach your case in immigration court with confidence. I'm Brian Manning, and I used to be an asylum officer with the government. But now, as an asylum lawyer, I help immigrants all over the country to secure their future in America through asylum. All right, let's jump in. I'm going to give you an overview of the master calendar hearing, and then we'll go step by step through what happens at this important meeting. The master calendar hearing is the first meeting in the immigration court process. Picture like the opening scene of a courtroom movie. It's brief, but it sets the stage for everything that follows. In this hearing, you'll meet with two key figures, the immigration judge and the government's attorney. Now, the government lawyer, by the way, is not your friend. They're trying to get you deported. So think of this as a team huddle where you all meet to plan out the game, which is your case. The judge will set the timeline, marking dates for you to submit certain documents, and they'll also set the date for a more detailed hearing called the individual hearing. Now, that second hearing, the individual hearing, also sometimes called a merits hearing, is where you really have to explain why you should not be deported. But this first hearing, the master calendar hearing, isn't like this. You do not have to be ready to fight your case. It's administrative in nature. The judge will ask you some questions, explain your rights, and tell you what's going to happen as the case moves along. If you have an attorney, then they'll act as your spokesperson, answering most of the judge's questions. Before the master calendar hearing, you'll receive a notice to appear, or NTA. Now, this is your official invitation, telling you when and where your hearing is. Unless a letter from the court specifies that the hearing will take place through video conference, then you need to show up in person. You must go to this hearing even if you have a lawyer. Your attorney, unfortunately, can't stand in for you. As for your attire, think about how you dress for an important meeting. Tidy, modest, and conservative is the way to go. Look sharp. Punctuality is crucial. If you're late or you don't show up, well, you could face serious consequences like deportation or damage to your legal case. Arriving early is a smart move, especially since security procedures can take some time to pass through. Bring essential documents with you like identification, the notice to appear, or NTA, and other important documents, as suggested by your lawyer. Don't forget your personal calendar or at least a notepad and pin as the judge will be setting deadlines for your case, which you should write down. Now, your face time with the judge may be short, typically just 5 to 20 minutes. However, the total time in court, including check-in and waiting, might stretch to several hours, so do plan your day accordingly. Bring a snack. Remember, your hearing is not a solo event. There will likely be other people in the courtroom having their hearings around the same time as yours. The judge will call you up by your alien registration number, also known as your A number or immigration number, and they usually call your name when it's time for your case to be heard. If you have a lawyer, you'll both step forward. Now, if you're not fluent in English, don't worry. You can ask for an interpreter who will be provided free of charge. The interpreter may be physically present in the courtroom, or they might participate by video conference or telephone. By the way, if you want to maximize your chances for asylum success, then be sure to hit the subscribe button and the bell notification so that you don't miss the insights that I share on this channel. Okay, let's get into the details regarding what you can expect when the judge calls your name, when it's your turn to do your hearing. First, the judge will ask you basic personal information like your name, address, native language, and any other languages that you're comfortable speaking. If the court has an old address on file for you where you no longer live, then the judge may ask you to fill out a change of address form showing your new address and to leave it with the clerk before you leave the courthouse. Next, the judge will review with you your NTA. Now, this is the official document that explains why the government thinks that you're eligible to be deported. The judge will review with you what are called the allegations. These include assertions about your citizenship, when and how you entered the United States, and whether you had permission to enter or remain in the country. If you came on a visa, the NTA will likely allege that you had permission to stay until a certain date and that you stayed beyond that date. The next section of the NTA, which the judge will also discuss with you, concerns the charges. It's the section that says, okay, here's the particular section of the law that says that you can be deported in light of the alleged facts above. It usually says something along the lines of, you did not have permission to enter the country, or you overstayed your allotted time to be here, and now you don't have any basis to be here legally. Most judges try to explain this stuff in simple terms, but if they use too much legal jargon such that you're not really sure what they're talking about, it's fine to ask them to explain it in different words. Understand that you do have the right to admit or deny these charges, so be sure to go over your NTA carefully before the hearing. If you spot anything wrong, tell the judge. To be sure, the government does sometimes mess up and include errant information in this document. If you see an error, or you think that you're for some reason not eligible for deportation under the law, then, well, you should speak up and let the judge know. If you take issue with the NTA, the judge might make a decision on it right away, or they may make you come back for another master calendar hearing where you'll have to argue about it again. If you admit that the information in the NTA is correct, or if you deny it, but the judge disagrees with you and accepts the NTA, then the judge will determine that you are removable. Don't worry, this doesn't mean that you're necessarily going to get deported. It's not the end of your case. That's because, as a next step, the judge is going to ask whether you want to apply for any kind of relief from removal. In other words, the judge is asking whether you seek a defense to fend off deportation. This can include asking for asylum, voluntary departure, cancellation of removal, or adjustment of status. If you've already applied for asylum by this point, the judge should know about this and say, oh, I see that you've applied for asylum. Do you want to pursue that application as a form of relief from removal? And you would say, yes, judge. If you have not applied for asylum or other forms of relief from removal, the judge might set a deadline by which any such applications must be submitted. They may set a separate deadline for submission of any evidence that you want the judge to consider in your case, like a written declaration from you or from witnesses, or photographs or documents that support your claim. It's critical to write down and comply with all the deadlines set by the judge. At your master calendar hearing, the judge will designate the country to which you'll be deported should that in fact end up happening. This is normally the country of which you're a citizen. Some immigration judges will also go into detail about your rights in immigration court, which include the right to have an attorney represent you. The government does not pay for a lawyer for you, but if you find and hire one, well, you have the right to have them help you in immigration court. If you go to your master calendar hearing without a lawyer, you can actually ask the judge to postpone the hearing, to reschedule it so as to give you time to try to hire a lawyer. The judge will almost certainly say yes, at least the first time you ask for this. But note that if you've already applied for asylum, but you did so fewer than 180 days ago, such that you're not yet eligible to get a work permit based on your pending asylum claim, then rescheduling your court hearing will almost certainly result in the clock that's counting to 180 requisite days being frozen. It just stops on the date on which your request to reschedule is granted, and it won't start counting again until you actually complete the rescheduled hearing. And that could be a while. So keep that in mind before deciding to ask to reschedule your hearing. Okay, at the end of your master calendar hearing, the judge will tell you the date for your next hearing, the individual hearing, where you will present the case for relief from removal. If you apply for asylum, that's when you explain your case. The judge will likely print out a notice for you stating the time, date, and location of the individual hearing. Take a picture of that for safekeeping. Now this hearing, the second one, could take place as soon as a couple of months after your master calendar hearing, or it could be years before it happens. All right, now you know what to expect at your first immigration court hearing. You can now turn to building and preparing to present the strongest asylum case possible. If you're ready to take the next step and get individualized help with your asylum case, then call my office today. That number is 713-352-1593. And remember, we help people all over the country, so it doesn't matter where you are. Call us now to schedule an asylum strategy session so that we can help you secure your future in America through asylum. Again, I'm Brian Manning, and it's an honor to serve you in your asylum journey.
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