In this chapter, learn more about your first hearing in Immigration Court, also called the Master Calendar Hearing.
For a PDF of this chapter, see pages 6-9 of the PDF version of this guide.
Your first hearing is the Master Calendar Hearing. You will attend the hearing by video from the detention facility. An Immigration Judge will be on screen and so will a government lawyer from ICE who is trying to deport you. If you do not speak English well, the Immigration Court must have an interpreter for you. If there is no interpreter, ask for another hearing with an interpreter. If you do not understand what the judge is saying or you do not understand the interpreter, clearly tell the judge that you do not understand. If you have a lawyer, your lawyer should also attend the hearing by video. To find out when your next hearing is, call the Immigration Court (EOIR) hotline at 1-800-898-7180 and enter your A number. The government is required to have a special phone in your unit with a code to call this hotline free.
Yes. You can ask the Immigration Judge for more time to find a lawyer. Usually, the Judge will give you at least one or two opportunities to look for a lawyer. If you do not have a lawyer after the second or third Master Calendar Hearing, the Judge will begin moving forward with your case.
A person can be deported for several reasons. For example, the government may try to deport you if you entered the U.S. illegally, or you stayed after your visa expired, or you have a criminal conviction. 8 U.S.C. §1227(a). Even if these things are true, you may still have a defense and be able to stay here. See Chapter 5: Grounds of Deportation for Criminal Convictions and Chapter 6: Preventing Immigration from Deporting you from the U.S..
The government starts a case by giving you a Notice to Appear, which lists the charges against you. If the government is trying to deport you for a crime, that crime will be listed on the Notice to Appear along with the section of the immigration law that the government believes you have violated. The government can add other charges later.
If you do not have a Notice to Appear, tell the Immigration Judge. If you do not have one, it may be that you were ordered deported in the past, but never left. If you have previously been ordered removed from the United States, you will not receive a Notice to Appear.
If you have a Notice to Appear, the Immigration Judge will ask you if it contains correct information. If you tell the Judge the information is correct, the Judge will order you deported unless you have a defense to deportation. See Chapter 5: Grounds of Deportation for Criminal Convictions and Chapter 6: Preventing Immigration from Deporting you from the U.S.. Check your Notice to Appear carefully. If any information on the Notice to Appear is incorrect, tell the Judge.
No. You have the right to remain silent and not answer any questions about your immigration situation. The government will have to prove that you are not a U.S. citizen. If the government proves that, you have to show that you are lawfully present in the U.S. See 8 U.S.C. §1229a(c)(2). If you show that, then the government has to prove that you are deportable. 8 U.S.C. §1229a(c)(3). For example, the government lawyer will have to have a certified copy of your criminal conviction or other official record of it. If the government has this evidence at the first hearing, the Judge may order you deported. Other times, the government may ask for more time to get the evidence.
Yes. If the Judge finds you can be deported from the U.S., you may have a defense to deportation and may be able to remain. See Chapter 5: Grounds of Deportation for Criminal Conviction and Chapter 6: Preventing Immigration from Deporting you from the U.S.. If you do not have a defense, the Judge may order you deported at that first hearing.
At your Master Calendar Hearing, the Immigration Judge should tell you about the defenses to deportation and give you a date to send your application forms and other papers to the court. The Judge will also give you a date for a hearing where you have witnesses appear by video and prove the reasons you should be allowed to stay in the U.S. This is called your Individual Hearing. See Chapter 11: Preparing For the Full Immigration Court Hearing. You must file your application by the date that the Judge gives you. If you do not, the Judge will say you have abandoned your case and will order you deported.
Currently, cases for individuals detained by ICE in Massachusetts, Rhode Island, New Hampshire, and Maine are being heard out of the Chelmsford Immigration Court in Chelmsford, Massachusetts. The Court’s address is:
Chelmsford Immigration Court
Clerk’s Office
150 Apollo Drive
Chelmsford, MA 01824
Be sure that your A number is on everything you mail to the Court to file in your case.
Yes. The Judge will ask what country you want to be deported to. If you are afraid to be deported to your own country, do not name that country. Tell the Judge you are afraid and want to apply for asylum. You can name another country, but that country must agree to accept you. If you have the right to live in more than one country, name the country where you want to live.
Yes. You need to have permission from that other country to enter. Usually, you need to apply to the Embassy or Consulate of that country for permission to enter. It is difficult to be accepted by another country especially if you don’t have any legal status to live there.
Yes. If the Immigration Judge orders you deported, he or she will ask if you want to appeal. If you appeal, the Board of Immigration Appeals must receive your Notice of Appeal sooner than 30 days after the date of the Judge’s decision. See Chapter 12: Appealing the Immigration Judge's Decision. Do this right away. If you miss the deadline, you lose your appeal.
Yes. You can tell the Immigration Judge that you want to return to your country immediately. If you do this, you will be giving up your legal rights. If you have your green card and get deported for an aggravated felony, you are giving up your right to live here legally and will never be able to return to the U.S. to live here permanently. You probably could not return even for a visit. Think carefully about the life you are leaving behind before agreeing to be deported.
If you tell the Immigration Judge you want to appeal, ICE cannot deport you for at least 30 days to give you time to file your Notice of Appeal. If you tell the Judge you do not want to appeal, the government can deport you after only 3 days. However, it usually takes some time before ICE can deport you. Before deporting someone, the government has to get a travel document from the country you are going to, which could take weeks, a month, or more. The length of time can depend on your home country and whether your country recognizes you as a citizen. Some countries are much easier to return to than others. Your friends or relatives who have legal status can help you. They can bring your identity papers to ICE’s office:
ICE/Enforcement and Removal (ERO)
Boston Field Office
1000 District Avenue
Burlington, MA 01803
ICE’s phone number is 781-359-7500, and it is open from 8 a.m. - 4:00 p.m., Monday through Friday. Your friends or relatives should make copies first before giving any ID or other documents to ICE. Someone without legal status should not go to ICE’s office. He or she could be arrested.
You can ask for a new hearing with a good interpreter if you do not understand what happened in Immigration Court. You need to tell the Immigration Judge that you do not understand English or that the interpreter was not doing a good job. You should tell the judge this at the hearing. After the hearing you can write to the judge explaining this, but it is better to tell the judge at the hearing if you do not understand.
Your first hearing is the Master Calendar Hearing. You will attend the hearing by video from the detention facility. An Immigration Judge will be on screen and so will a government lawyer from ICE who is trying to deport you. If you do not speak English well, the Immigration Court must have an interpreter for you. If there is no interpreter, ask for another hearing with an interpreter. If you do not understand what the judge is saying or you do not understand the interpreter, clearly tell the judge that you do not understand. If you have a lawyer, your lawyer should also attend the hearing by video. To find out when your next hearing is, call the Immigration Court (EOIR) hotline at 1-800-898-7180 and enter your A number. The government is required to have a special phone in your unit with a code to call this hotline free.
Yes. You can ask the Immigration Judge for more time to find a lawyer. Usually, the Judge will give you at least one or two opportunities to look for a lawyer. If you do not have a lawyer after the second or third Master Calendar Hearing, the Judge will begin moving forward with your case.
A person can be deported for several reasons. For example, the government may try to deport you if you entered the U.S. illegally, or you stayed after your visa expired, or you have a criminal conviction. 8 U.S.C. §1227(a). Even if these things are true, you may still have a defense and be able to stay here. See Chapter 5: Grounds of Deportation for Criminal Convictions and Chapter 6: Preventing Immigration from Deporting you from the U.S..
The government starts a case by giving you a Notice to Appear, which lists the charges against you. If the government is trying to deport you for a crime, that crime will be listed on the Notice to Appear along with the section of the immigration law that the government believes you have violated. The government can add other charges later.
If you do not have a Notice to Appear, tell the Immigration Judge. If you do not have one, it may be that you were ordered deported in the past, but never left. If you have previously been ordered removed from the United States, you will not receive a Notice to Appear.
If you have a Notice to Appear, the Immigration Judge will ask you if it contains correct information. If you tell the Judge the information is correct, the Judge will order you deported unless you have a defense to deportation. See Chapter 5: Grounds of Deportation for Criminal Convictions and Chapter 6: Preventing Immigration from Deporting you from the U.S.. Check your Notice to Appear carefully. If any information on the Notice to Appear is incorrect, tell the Judge.
No. You have the right to remain silent and not answer any questions about your immigration situation. The government will have to prove that you are not a U.S. citizen. If the government proves that, you have to show that you are lawfully present in the U.S. See 8 U.S.C. §1229a(c)(2). If you show that, then the government has to prove that you are deportable. 8 U.S.C. §1229a(c)(3). For example, the government lawyer will have to have a certified copy of your criminal conviction or other official record of it. If the government has this evidence at the first hearing, the Judge may order you deported. Other times, the government may ask for more time to get the evidence.
Yes. If the Judge finds you can be deported from the U.S., you may have a defense to deportation and may be able to remain. See Chapter 5: Grounds of Deportation for Criminal Conviction and Chapter 6: Preventing Immigration from Deporting you from the U.S.. If you do not have a defense, the Judge may order you deported at that first hearing.
At your Master Calendar Hearing, the Immigration Judge should tell you about the defenses to deportation and give you a date to send your application forms and other papers to the court. The Judge will also give you a date for a hearing where you have witnesses appear by video and prove the reasons you should be allowed to stay in the U.S. This is called your Individual Hearing. See Chapter 11: Preparing For the Full Immigration Court Hearing. You must file your application by the date that the Judge gives you. If you do not, the Judge will say you have abandoned your case and will order you deported.
Currently, cases for individuals detained by ICE in Massachusetts, Rhode Island, New Hampshire, and Maine are being heard out of the Chelmsford Immigration Court in Chelmsford, Massachusetts. The Court’s address is:
Chelmsford Immigration Court
Clerk’s Office
150 Apollo Drive
Chelmsford, MA 01824
Be sure that your A number is on everything you mail to the Court to file in your case.
Yes. The Judge will ask what country you want to be deported to. If you are afraid to be deported to your own country, do not name that country. Tell the Judge you are afraid and want to apply for asylum. You can name another country, but that country must agree to accept you. If you have the right to live in more than one country, name the country where you want to live.
Yes. You need to have permission from that other country to enter. Usually, you need to apply to the Embassy or Consulate of that country for permission to enter. It is difficult to be accepted by another country especially if you don’t have any legal status to live there.
Yes. If the Immigration Judge orders you deported, he or she will ask if you want to appeal. If you appeal, the Board of Immigration Appeals must receive your Notice of Appeal sooner than 30 days after the date of the Judge’s decision. See Chapter 12: Appealing the Immigration Judge's Decision. Do this right away. If you miss the deadline, you lose your appeal.
Yes. You can tell the Immigration Judge that you want to return to your country immediately. If you do this, you will be giving up your legal rights. If you have your green card and get deported for an aggravated felony, you are giving up your right to live here legally and will never be able to return to the U.S. to live here permanently. You probably could not return even for a visit. Think carefully about the life you are leaving behind before agreeing to be deported.
If you tell the Immigration Judge you want to appeal, ICE cannot deport you for at least 30 days to give you time to file your Notice of Appeal. If you tell the Judge you do not want to appeal, the government can deport you after only 3 days. However, it usually takes some time before ICE can deport you. Before deporting someone, the government has to get a travel document from the country you are going to, which could take weeks, a month, or more. The length of time can depend on your home country and whether your country recognizes you as a citizen. Some countries are much easier to return to than others. Your friends or relatives who have legal status can help you. They can bring your identity papers to ICE’s office:
ICE/Enforcement and Removal (ERO)
Boston Field Office
1000 District Avenue
Burlington, MA 01803
ICE’s phone number is 781-359-7500, and it is open from 8 a.m. - 4:00 p.m., Monday through Friday. Your friends or relatives should make copies first before giving any ID or other documents to ICE. Someone without legal status should not go to ICE’s office. He or she could be arrested.
You can ask for a new hearing with a good interpreter if you do not understand what happened in Immigration Court. You need to tell the Immigration Judge that you do not understand English or that the interpreter was not doing a good job. You should tell the judge this at the hearing. After the hearing you can write to the judge explaining this, but it is better to tell the judge at the hearing if you do not understand.