Master Hearing for Removal

On the date of the removal hearing, which commonly referred to as the master hearing, the respondent will be required to appear before an immigration judge to defend himself/herself against the allegations contained within the Notice to Appear. At the hearing, the court allows the respondent to be represented by an attorney of his or her choosing. However, it is important to note that respondents are not entitled to an attorney, unlike in criminal proceedings where a defendant can be assigned a public defender. This means that if you cannot afford a private lawyer, the court will not provide you one for the purposes of defending you in the removal hearing. At the Law Offices of William A. Proetta our immigration lawyers represent clients throughout New York & New Jersey during removal hearings including Elizabeth, Jersey City, Newark, Harrison, Kearny, Edison, and Woodbridge. If you are interested in learning more about how we can help you and your loved ones contact us at (732) 450-8300 for a free consultation with an immigration attorney.

During the master hearing, the respondent will be expected to answer the charges against him or her by pleading to the factual allegations and charge of removability contained within the Notice to Appear. After this process takes place, the court allows the respondent to make a request and application of any relief from removal such as Restriction on Removal Cancellation of Removal, Asylum or Registry. If the respondent is not eligible for any form of relief or if the respondent fails to request relief from removal, then the immigration judge may order the respondent removed from the United   States at that time.

Once a respondent files an application for relief or expresses an intention to make an application for relief of removal, the immigration judge will set a merits hearing date, assuming the respondent is not ineligible under the law from making the application. It is important to note that the merits hearing is held on a separate day and may be scheduled  weeks or even several months in the future, depending on the type of relief requested and how busy the court’s docket is. The only exception to this rule is if the only form of relief from removal available or requested is voluntary departure so that the alien be given the ability to leave on his or her own account and not taken into custody. Under this circumstance, the immigration judge will most often grant or deny the respondent’s request for voluntary departure on the same day it is requested, typically at the master hearing.