A master calendar hearing (“MCH”) is a short, preliminary hearing on immigration matters—the usual start to efforts to remove an immigrant from the United States. You will meet with the immigration judge (IJ) and the government attorney to figure out how your case will proceed.
Whether they are placed in ordinary proceedings or expedited proceedings depends on a number of factors and is at the discretion of DHS. Under longstanding U.S. law, expedited removal procedures were applied only to people found less than 100 miles from the border from either Mexico or Canada and who had illegally entered within 14 days or less.
Only "arriving aliens" (people attempting to enter the United States at a border or other lawful entry point and people who recently entered the United States unlawfully) may be placed into expedited removal proceedings.
A master calendar hearing (“MCH”) is a short, preliminary hearing on immigration matters -- the usual start to efforts to remove an immigrant from the United States. You will meet with the Judge and the government attorney to figure out how your case will proceed.
During a master calendar hearing, the immigration judge will ask a person to plead to (admit or deny) certain facts about them, including their country of citizenship and date of entry to the U.S., as well as the immigration charges against them in their case.
“Expedited removal” refers to the legal authority given to even low-level immigration officers to order the deportation of some non-U.S. citizens without any of the due-process protections granted to most other people—such as the right to an attorney and to a hearing before a judge.
A master calendar hearing ("MCH") is a short, preliminary hearing on immigration matters—the usual start to efforts to remove an immigrant from the United States. You will meet with the immigration judge (IJ) and the government attorney to figure out how your case will proceed.
Removal Proceedings Process DHS initiates removal proceedings when it serves an alien with a Notice to Appear (NTA) and files that charging document with one of EOIR's immigration courts.
In 2019, DHS exercised authority to employ expedited removal to the full degree authorized by INA § 235(b)(1), to include all aliens physically present in the United States without being admitted or paroled, who have been in the country less than two years, and who lack valid entry documents or procured admission ...
Expedited removal assessment – ICE will determine whether the illegal alien qualifies for the expedited removal process based on their proximity to the nearest border and their time spent in the United States. If the individual qualifies for expedited removal, he or she will likely be deported within 2 weeks.
IMPORTANT: People rarely are deported at a master hearing. If someone appears without an attorney, they can ask for more time to find legal representation. Because this is the initial hearing, the judge will usually not make any final decision about your case during a master hearing.
Your first hearing is the Master Calendar Hearing. An Immigration Judge will be there and so will a government lawyer 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.
On average, cases completed during the first nine months of FY 2021 took 891 days (or 2.4 years) from the date of their Notice to Appear (NTA) to a decision, twice as long compared with 451 days (a little more than 1.2 years) on average during FY 2020.
There is no difference between removal and deportation. Removal is a newer term for what was deportation proceedings and encompasses inadmissibility and deportability.
Some persons who are in deportation proceedings are still able to legally work while the proceedings are pending. For instance, if you applied for Asylum and/or Withholding of Removal, Cancellation of Removal, NACARA, Adjustment of Status, DACA or TPS you can apply for work authorization while your case is pending.
An applicant who is in removal proceedings should never travel outside the United States until they are granted legal status and permission to travel abroad. This is true even if the applicant receives advance parole.
Consequences of an Expedited Removal Order If you are issued an expedited removal order, the typical consequence is a five-year ban from reentry (for first time offenders). However, you could be given a ten-year, 20-year, or permanent ban, based on circumstance.
Expedited removal is a form of “summary” deportation. It allows the Department of Homeland Security (“DHS”) to deport non-U.S. citizens immediately and without a formal hearing.
Expedited removal is the term for a process related to immigration enforcement in the United States during which a non-citizen is denied entry to and/or physically removed from the United States, without going through the normal removal proceedings (which involve hearings before an immigration judge).
There is no difference between removal and deportation. Removal is a newer term for what was deportation proceedings and encompasses inadmissibility and deportability.
Nolo is a part of the Martindale Nolo network, which has been matching clients with attorneys for 100+ years.
If you cannot understand the interpreter or he or she is not translating correctly, alert the IJ, who will then look for another interpreter or reschedule the MCH for another date (when another interpreter is available). If an interpreter is provided, make sure to listen until he or she finishes translating, and then answer in your native language. You cannot bring your own interpreter.
If you are applying for asylum and accept an "expedited removal" schedule, your individual merits hearing will be scheduled for within 180 days of when you first submitted your asylum application. Realize that this might not give you sufficient time to prepare a detailed asylum application and strong supporting documents. If you waive expedited removal, however, you will not be eligible for employment authorization while your application is going through the Immigration Court process. (If you are detained, you will be placed in an expedited removal schedule, and will not be allowed to waive it.)
Bring important documents with you: your identification documents (passports, a driving license), your NTA (or another "hearing notice" that directed you to come to court), and any original documents that might be helpful at this preliminary stage (based on your lawyer's suggestion).
Also bring your personal calendar, because the IJ will schedule deadlines in your case. During a typical MCH, you will be before the IJ for about five to 20 minutes only, although you might be in court for several hours (including time to check in and wait). Plan accordingly.
If you do not feel comfortable using English, do not force yourself. By attempting to communicate in a language you do not fully understand, you can only hurt yourself, in the likely event that you misunderstand some aspect of the court proceedings. Tell the IJ that you need an interpreter, and one will be provided for free, most likely via electronic communication.
During a MCH, the court will not consider any legal claims or defenses of your case. You will not be questioned about your case or immigration applications, and will not present any witnesses. The IJ will not make any rulings regarding legal issues in your case.