![]() The client will first be asked if the attorney is their representative. 26.1.3 Determining Representation by Counsel On the record, the IJ will state the nature of the proceedings and ask your client if they understand what is happening. At that time, you can advise the IJ that you are a pro bono attorney. When your case is called, the IJ is likely to talk with you off the record to determine your intentions and to straighten out any procedural problems. Most IJs call the case by the last three digits of the respondent’s A-Number or by the attorney’s name. The attorney should then sit and wait for the case to be called. The attorney should hand the clerk the completed EOIR-28 and let the clerk know which number on the calendar their case is. When the attorney arrives in the courtroom, they should wait for a break between cases and then go check in with the court clerk seated to the side of the IJ. ![]() ![]() Even if the attorney has represented the applicant before the Asylum Office, they must submit an EOIR-28 to become the attorney of record for the removal proceedings (and must use the court’s “eRegistry” to obtain an EOIR ID number: see ). 26.1.1 Arriving in Courtīefore or on the date of the first MCH at which the attorney is appearing with their client, they must submit a completed Notice of Appearance (Form EOIR-28, available at ), preferably on green paper, two hole punched at the top, to both the IJ and the ICE attorney. Even if they seem irritated at having to slow the proceedings down, you are responsible for doing anything the IJ or ICE attorney directs you to do, and complying with any deadlines they impose, so it’s imperative that you understand what they tell you. If the IJ or ICE attorney says anything that you don’t understand, ask them to clarify. ![]() It is important to let the IJ know if you are working on the case pro bono and if you are not generally an immigration practitioner. Most attorneys in immigration court practice there every day, so the IJ and ICE attorney will speak in lingo which may be unfamiliar. Most IJs take cases where the respondents are represented by counsel first, and some IJs hear pro bono cases before cases with private attorneys. There are generally 20–30 cases scheduled during a two-hour period for MCHs. On MCH dates, the IJ deals with administrative issues, including scheduling, filing applications, pleadings to the immigration charges, and other issues that arise. The court date in the Notice to Appear (NTA) that the applicant first receives will be for an MCH date. 26.1 Master Calendar HearingĪs in criminal cases, there are two types of court dates in Immigration Court: one is called Master Calendar Hearing (MCH), and the other is the Individual Hearing (IH). In February 2008, the Executive Office of Immigration Review (the branch of the Department of Justice which overseas the Immigration Court) released its own practice manual on Immigration Court Proceedings. Unlike the asylum interview, removal proceedings are adversarial, with an attorney from Immigration and Customs Enforcement (ICE) (most often) fighting against relief for the applicant. The asylum application is heard de novo before the IJ. Also, an affirmative asylum applicant whose application is denied the Asylum Office can renew their application for asylum, withholding and CAT before the IJ. Once an applicant has been placed in removal proceedings, the case becomes procedurally more formal and the stakes for the applicant become much higher.Ī foreign national can apply for asylum, withholding of removal (withholding), and relief under the Convention Against Torture (CAT) before an Immigration Judge (IJ) as a defense to removal proceedings if they have been placed in removal proceedings for some other reason, such as an ICE work raid or a criminal arrest. You should always consult an attorney regarding your matter. The information contained herein is for reference only and may not be up to date.
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