Master calendar and individual hearings: how immigration court hearings workMaster calendar and individual (merits) hearings in immigration court

Wang Law Firm, LLC · David Wang, Managing Attorney · Attorney-reviewed · Updated October 2026

Removal proceedings in immigration court generally involve two types of hearings. The master calendar hearing is procedural: it deals with pleadings, the type of relief sought and scheduling deadlines. The individual hearing (also called the merits hearing) is the substantive trial: the respondent and witnesses testify, and the judge decides whether to grant relief. A case usually has one or more master calendar hearings followed by one individual hearing, but the specific schedule is up to the judge.

This page walks through each step of the hearings in procedural order. The procedural rules come mainly from section 240 of the Immigration and Nationality Act (INA), the federal regulations at 8 CFR Part 1003 and Part 1240, and the EOIR Policy Manual. Practices vary from judge to judge; before a hearing, check the judge's standing requirements or ask your attorney.

The two types of hearings compared

How the master calendar hearing works

1. Before the hearing

• Use your A-number to confirm the time, place and judge through EOIR Automated Case Information (ACIS) or the hotline at 1-800-898-7180;
• Bring your NTA, the notice of hearing, identification, and any documents your attorney has asked for;
• Allow time for security screening. Courts generally do not allow audio or video recording, and phones must be silenced.

2. Advisal of rights

At the first hearing, the judge advises the respondent of his or her rights, including: the right to hire an attorney at your own expense and to receive a list of local free legal service providers, to examine and object to the government's evidence, to present evidence and witnesses, and to appeal the decision (8 CFR 1240.10(a)). A respondent without an attorney is generally given some time to find one; the judge must also inform the respondent of relief for which he or she appears to be eligible (8 CFR 1240.11(a)(2)).

3. Pleadings

The judge will ask the respondent to plead to the NTA (8 CFR 1240.10(c)):

• For each factual allegation: admit or deny;
• For the charges: concede or contest removability;
• When something is denied: the party with the burden of proof must prove it with evidence. For a person who has been admitted, DHS must prove removability by clear and convincing evidence; an applicant for admission (such as a person who entered without inspection) bears the burden of proving that he or she is lawfully present (INA 240(c)(2), (3)).

Plead carefully. In Matter of Lopez-Ticas, 29 I&N Dec. 90 (BIA 2025), the BIA reaffirmed that admissions made by an attorney on the respondent's behalf are binding on the respondent absent egregious circumstances, and that an NTA's lack of the hearing time and place is not a reason to withdraw pleadings. Under Matter of Fernandes (BIA 2022), objections to NTA defects must be raised before the close of pleadings; see What to do if you receive a Notice to Appear.

4. Designating a country of removal

The judge will ask the respondent to designate a country to which he or she would be removed if ordered removed (8 CFR 1240.10(f), INA 241(b)). The respondent may decline to designate one, in which case the judge will determine the country according to law, usually the country of nationality. The country of removal is directly connected to asylum, withholding of removal and Convention Against Torture (CAT) protection: if you fear being removed to a particular country, say so clearly at this stage, and the judge will advise you of the procedure for applying for protection.

5. Stating relief and setting deadlines

The respondent or the attorney tells the judge what relief will be sought, such as asylum (I-589), cancellation of removal (EOIR-42A / EOIR-42B), adjustment of status (I-485), or voluntary departure before the conclusion of proceedings. The judge sets a deadline for filing the application, or requires it to be filed in court, and schedules the next hearing or the individual hearing. Voluntary departure before the conclusion of proceedings must be requested at the early stage required by law; if you miss that window, you can only apply at the conclusion of proceedings, under stricter requirements.

If the respondent concedes removability and does not seek any relief, the judge may order removal on the spot at the master calendar hearing.

Filing deadlines for applications for relief and evidence

Section 3.1(b) of the EOIR Policy Manual sets default deadlines, but deadlines set by the judge take priority, and the judge has the authority to adjust them:

Pay particular attention to the following:

• Late filing may be deemed a waiver: If an application or document is not filed within the deadline set by the judge, the opportunity to file it may be deemed waived (8 CFR 1003.31(c)); whether late evidence is accepted is up to the judge.
• Biometrics: When applying in court for relief such as asylum, cancellation of removal or adjustment of status, you must complete biometrics according to DHS's pre-filing instructions; failing to do so without good cause may result in the application being deemed abandoned (8 CFR 1003.47).
• Translations: All foreign-language documents must be accompanied by a complete English translation and a translator's certification; see Translation requirements for immigration filings.
• Service: Documents filed with the court must also be served on the DHS attorneys, with a certificate of service. In electronic cases, attorneys file through the EOIR Courts & Appeals System (ECAS).
• Format: Evidence should be indexed and paginated and organized according to the Policy Manual's formatting requirements, so the judge and DHS can review it easily.
• One-year asylum deadline: Asylum generally must be sought within one year of the last arrival; do not wait until the individual hearing to prepare the I-589.
• Fees: H.R. 1 (2025) added statutory fees for a number of court applications (including an asylum application fee and an annual asylum fee), and EOIR issued a corresponding interim final rule in June 2026. Check EOIR's current published payment methods and amounts, and file proof of payment as required. In Matter of L-F-R-, 29 I&N Dec. 787 (BIA 2026), the BIA held that if the annual asylum fee is not paid, the asylum application may be pretermitted without a hearing or deemed abandoned.

Also note: in April 2025, EOIR issued Policy Memorandum PM 25-28 stating that judges may pretermit legally insufficient asylum applications without an individual hearing. The BIA then approved this practice in Matter of H-A-A-V- (2025), and in Matter of G-R-B- (2026) held that the judge may do so even if DHS has not filed a motion. The I-589 itself and the accompanying declaration and evidence therefore need to be thorough from the start.

Interpreters

• Immigration court provides interpreters free of charge for respondents and witnesses who cannot communicate adequately in English, and interpreters must take an oath to interpret accurately.
• Tell the court as early as possible which language and dialect you know best — for example, Mandarin, Cantonese, Minnan/Hokkien, Fuzhounese or Wenzhounese. Do not force yourself to use English just because you "understand a little."
• If you cannot understand the interpreter at the hearing, or the interpretation does not match what you said, tell the judge right away so the problem is noted on the record. Raising it afterward is often very hard to fix.
• The court provides oral interpretation only; written documents you file must still be accompanied by your own English translations.
• In February 2025, EOIR rescinded the 2023 directive on court language services through PM 25-20 and now follows the Department of Justice's language access plan. If you need an interpreter, raise it with the court proactively and clearly; do not assume the court will arrange one automatically.

Remote and video hearings

Immigration courts can hold hearings by video (including internet-based Webex hearings), and detained cases are often heard by video link. As of October 2026:

• On March 14, 2025, EOIR rescinded the 2022 directive on internet-based video hearings (DM 22-07) through Policy Memorandum PM 25-25; the 2020 memorandum on telephonic and video hearings, PM 21-03, continues to apply, emphasizing that whether to allow a video appearance is within the judge's independent discretion;
• Whether the respondent, attorney or witnesses may appear remotely is up to each judge, and usually requires a written motion filed in advance explaining the reasons;
• Reports indicate that some courts have recently required in-person appearance much more often. Do not assume you can participate remotely by default; if the notice of hearing says to appear in person, you must appear in person;
• If remote appearance is allowed, test your equipment and internet connection in advance, choose a quiet, private location, and have your identification and all documents ready; when an interpreter is involved, take turns speaking.

Witnesses and evidence

• Witness list: File a witness list by the deadline, stating each witness's name, a summary of the testimony, the expected length and the language to be used. The judge may not allow a witness who is not on the list to testify.
• Remote testimony: A witness who needs to testify by telephone or video generally must file a motion in advance and obtain permission.
• Written statements: If a witness cannot appear, a signed written statement (such as a sworn declaration) may be submitted, but it usually carries less weight than live testimony.
• Expert witnesses: For example, country conditions experts, doctors or psychological experts; the expert's CV and report must be filed in advance.
• Subpoenas: When necessary, you can ask the judge to issue a subpoena for a witness or documents (8 CFR 1003.35(b)).
• Credibility: The judge assesses credibility based on factors such as the consistency of your statements, whether they match the written record, and how specific the details are (INA 240(c)(4)(C)). Your application, declaration and testimony in court must be consistent, and must not be exaggerated or fabricated.

What happens on the day of the individual hearing

1. Opening and confirmation: The judge confirms who is present and the interpreter's language, reviews the applications and evidence already filed, and rules on objections to evidence from either side.
2. Oath: The respondent swears that the testimony and the contents of the application are true, and may correct errors in the application at this point.
3. Direct examination: The respondent's own attorney questions the respondent about the facts supporting the relief.
4. Cross-examination: The DHS attorney asks questions, often focusing on inconsistencies, gaps in the evidence, criminal records and credibility.
5. Questions from the judge: The judge may ask questions at any time.
6. Other witnesses: Testify in the same order.
7. Closing statements: Both sides briefly summarize the legal and factual grounds; sometimes the judge asks for written statements.
8. Decision: The judge issues an oral decision in court, or reserves decision and issues a written decision later.

An individual hearing may not finish in one day, in which case the judge will schedule a continuation date.

The judge's decision and the appeal deadline

The judge's decision may be to grant relief (for example, asylum, cancellation of removal or adjustment of status), terminate proceedings, grant voluntary departure, or order removal (possibly while granting withholding of removal or CAT protection). After the decision:

• Appeal deadline: As of October 11, 2026, an appeal of an Immigration Judge's decision to the Board of Immigration Appeals (BIA) still requires that, within 30 calendar days of the oral decision or of service of the written decision (by mail or electronically), the BIA receive the EOIR-26 notice of appeal (8 CFR 1003.38(b)). It must be "received," not "mailed," so allow time.
• 2026 rule changes: On February 6, 2026, the Department of Justice issued an interim final rule that would have shortened most appeal deadlines to 10 days and introduced default summary dismissal, among other measures. On March 8, 2026, the U.S. District Court for the District of Columbia, in Amica v. EOIR, vacated the provisions shortening the deadline, providing for default summary dismissal, and treating issues not raised in the notice of appeal as waived; EOIR then issued Policy Memorandum PM 26-02 confirming that the appeal deadline remains 30 days. Other parts of the rule (such as simultaneous briefing by both parties) remain in effect, and EOIR may set the deadline again through new rulemaking. In every case, calculate the deadline based on the deadline stated in the decision and the latest rules at the time, and file early rather than late.
• Waiving appeal: If you waive appeal in court, the decision becomes final immediately and can no longer be appealed. Do not waive appeal in court without thinking it through.
• During the appeal: During the appeal period and while an appeal is pending, a removal order generally will not be executed (8 CFR 1003.6(a)), though there are exceptions.
• Afterward: If the BIA dismisses the appeal, you can file a petition for review with a federal court of appeals within 30 days (INA 242(b)(1)); the petition itself does not automatically stay removal. See BIA appeals and federal court review.

The standard for continuances

The regulations allow an Immigration Judge to grant a continuance "for good cause shown" (8 CFR 1003.29). Different reasons call for different analyses:

Waiting for collateral relief

When a respondent asks for a continuance to wait for USCIS to adjudicate a family-based petition, an employment-based petition, a U visa or similar, the framework set by the Attorney General in Matter of L-A-B-R-, 27 I&N Dec. 405 (A.G. 2018) applies:

• Primary factors: (1) the likelihood that the respondent will obtain the collateral relief; (2) whether that relief will materially affect the outcome of the removal proceedings;
• Secondary factors: the respondent's diligence (for example, whether the application was filed promptly), DHS's position (relevant but not determinative), administrative efficiency, the number and length of prior continuances, and how long the case has been pending;
• The respondent must submit evidence, not just make statements.

Recent precedents have tightened the standard further:

• Matter of J-A-F-S-, 29 I&N Dec. 195 (BIA 2025): When a respondent merely speculates that he or she may be eligible for new relief that has never been sought before, the judge generally should not continue the individual hearing on that basis.
• Matter of Pinzon Rozo, 29 I&N Dec. 507 (BIA 2026): The respondent's Special Immigrant Juvenile (SIJ) petition had been approved, but the priority date would not become current for a considerable and uncertain period; the judge erred in granting a continuance to wait for a visa. In other words, approval of the petition alone is not enough; what matters is when a visa number will be available; see How to read the Visa Bulletin.

Other reasons

• Finding an attorney: At the first hearing, the judge will generally give a respondent without an attorney a reasonable time to find one, but will not wait indefinitely. In Matter of A-K-R- (2026), the BIA held that the law only requires that the first hearing be no earlier than 10 days after service of the NTA, and the judge did not err in refusing a further continuance to find an attorney.
• Attorney recently retained, evidence not yet obtained: You need to explain specifically how much time is needed, what evidence you are waiting for, and why it could not be obtained earlier.
• Illness and other emergencies: Attach documents such as a doctor's note, and raise the issue as early as possible.
• Asylum cases: The law requires asylum applications to be adjudicated, in principle, within 180 days of filing (INA 208(d)(5)(A)(iii)), so continuances are more limited.

Administrative closure

Administrative closure temporarily removes a case from the court's calendar. 2024 regulations allow judges to grant administrative closure when the requirements are met, but recent BIA precedents have significantly tightened its use: Matter of B-N-K- (2025) held that the primary consideration is whether the case should proceed to a decision on the merits, and that a pending TPS application is generally not enough to support administrative closure; Matter of Ibarra-Vega (2026) held that administrative closure is not appropriate when DHS opposes it and a U visa is unlikely to be available in the near future; Matter of Orozco Becerra (2026) held that when a respondent who received proper notice fails to appear and is removable, the judge cannot administratively close the case and should instead enter an in absentia order.

In practice, a request for a continuance should be made by written motion, filed as early as possible with supporting evidence, stating the other side's position. Until the judge grants it, the scheduled hearing remains in effect and you must appear.

Summary of recent changes (verified as of October 11, 2026)

• The default filing deadline for individual hearings in non-detained cases is back to 30 days (February 2025);
• Remote hearings are up to the judge, and the earlier directive accommodating respondents' preference for remote appearance has been rescinded (March 2025);
• Judges may pretermit legally insufficient asylum applications without an individual hearing (PM 25-28 and BIA precedent);
• The standards for continuances and administrative closure have tightened (J-A-F-S-, Pinzon Rozo, A-K-R-, B-N-K-, Ibarra-Vega);
• The provision shortening the BIA appeal deadline to 10 days has been vacated by a court, and the deadline currently remains 30 days; keep watching for new rules;
• Increased enforcement in and around courts, and DHS's practice of moving in court to dismiss proceedings and then pursuing expedited removal; see Expedited removal;
• New court fees under H.R. 1; check EOIR's current published amounts.

How we can help

• Review the NTA and evidence before pleading, and determine which allegations should be denied and which objections must be raised before pleading;
• Evaluate available relief, prepare applications, evidence indexes and witness lists by the deadlines, and arrange translations;
• Prepare the respondent and witnesses to testify, represent you at master calendar and individual hearings, and respond to DHS motions;
• File continuance requests or other motions when there is good cause, with sufficient supporting evidence;
• Evaluate an appeal after the decision, and file the EOIR-26 and appeal brief within the deadline.

We can represent clients before immigration courts nationwide; whether remote appearance is allowed is up to the court and the judge. We do not guarantee case outcomes.

Frequently asked questions

Official sources

• EOIR Policy Manual
• Federal regulations, 8 CFR Part 1240 (removal proceedings)
• Federal regulations, 8 CFR Part 1003 (including 1003.29, 1003.31 and 1003.38)
• Federal Register: interim final rule on BIA appellate procedures (February 6, 2026)
• EOIR Policy Memorandum PM 26-02 (appeal deadlines)
• Matter of J-A-F-S-, 29 I&N Dec. 195 (BIA 2025)
• Matter of Pinzon Rozo, 29 I&N Dec. 507 (BIA 2026)
• EOIR Automated Case Information (ACIS)

Related reading

• What to do if you receive a Notice to Appear (NTA)
• Forms of relief in immigration court
• BIA appeals and federal court review
• Form I-589 guide: asylum and withholding of removal
• Form EOIR-26 guide: appealing to the BIA

Related case law: Wilkinson v. Garland, Santos-Zacaria v. Garland, Patel v. Garland

This page is general information, not legal advice. Immigration court procedures and policies change quickly, and outcomes depend on the specific facts. If you have received a Notice to Appear or a family member has been detained, consult an attorney as soon as possible.