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Tuesday, November 3, 2009

Calender Hearings: What happens after the NTA

Photo Credit: Jamie Grill, Getty Images
Many people panic when they receive any form of paperwork regarding immigration, but it is important to keep in mind what the immigration process looks like and, if possible prepare ahead of time.

After an alien is served an NTA (Notice to Appear) in Immigration Court, the removal process follows one or both routes:

1. Master Calendar Hearing
2. Individual Calendar Hearing

Master Calendar Hearing
What happens...
  • The first hearing during removal proceedings
  • Usually many people are scheduled for a master hearing at the same time
  • It is used to set the tone for what may or may not lead to an individual hearing
  • The time and date of the Master Calender Hearing may be stated in the NTA
  • Informs the alien of their right to an attorney, the availability of free and/or low-cost attorneys
  • Explains that the alien has the right to present evidence and object to any evidence
  • Explain charges (usually criminal)
  • Hear pleadings
  • Set deadlines for applications, forms of relief, statements, witnesses, and other documents
  • Explain consequences of missing a hearing
  • Inform the alien of the right to appeal any decision to the Board of Immigration Appeals (BIA)
You should be prepared to...
  • agree with or deny the NTA
  • admit or deny allegations
  • designate a country for removal, if applicable
  • designate forms of relief
  • estimate time needed for case
  • set a date for individual case
  • arrange for an interpreter to be present, if necessary
Photo Credit: Comstock, Getty Images

Individual Master Hearing
What happens...
  • aliens have the ability to introduce evidence and call witnesses to the stand
  • this is the time where removability or deportability is contested with forms of relief
  • aliens can object to government's evidence and witnesses as well
  • judge will issue a final ruling in court or at a later date, after hearing both defense and prosecution
You should be prepared to...
  • discuss all of your arrests, if any
  • provide compelling reasons for your previous behavior
  • have your lawyer discuss your forms of relief
  • present any witnesses that can testify to your personal character and/or why you are seeking relief
  • present documents supporting the type of relief you are seeking
  • give your own detailed personal testimony in regards to the relief you are seeking
(Source: Personal Experience and some basic information from Chicago Immigration Attorneys)

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