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Your first immigration court hearing: what happens at a master calendar hearing

The first hearing is short, but it starts the clock on your case. Here is what the judge will ask, which deadlines begin, and what to have with you.

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The short version

  • Your first hearing is usually a master calendar hearing. It is short. Your full asylum hearing comes later.
  • The first hearing cannot be set earlier than 10 days after you are served with the Notice to Appear, unless you asked in writing for an earlier date.
  • Filing deadlines differ for people with and without a lawyer, and a document counts as filed only when the court receives it.
  • In August 2026 the Board said the 10-day rule is the only time requirement needed to protect your right to a lawyer. Start looking for one right away.

For most people, the first date in immigration court is a master calendar hearing. It is short, the courtroom is often full, and many people walk out unsure of what just happened. Yet this hearing starts the clock on your case. Deadlines are set here, and answers you give here become part of the record.

This post explains what the hearing is, what the judge will ask you, and how to prepare.

What a master calendar hearing is

Immigration courts hold two kinds of hearings. The master calendar hearing is the short, preliminary one. Several cases are often scheduled for the same session. Your full hearing on the merits of an asylum claim comes later, at an individual hearing. We explain that hearing in our post on the individual hearing.

EOIR, the agency that runs the immigration courts, describes the master calendar hearing in its Immigration Court Practice Manual, Chapter 3.14. The rules for how the judge conducts a hearing are at 8 C.F.R. 1240.10 and 1240.15.

The 10-day rule and the prompt-hearing box

Your case begins with a Notice to Appear. The statute requires it to tell you, among other things, the charges against you, that you have the right to a lawyer and time to find one, your duty to keep your address current, and the time and place of your hearing (INA 239(a)(1)).

The law also says the first hearing may not be scheduled earlier than 10 days after the Notice to Appear is served on you, unless you ask in writing for an earlier date (INA 239(b)(1)).

The Notice to Appear has a box labeled "Request for Prompt Hearing." Checking it gives up the 10-day wait. Some people check it without understanding it. If you are not sure whether you did, look at your copy, or ask a lawyer to look.

What the judge does, and what you will be asked

At a master calendar hearing, the judge will usually:

  • Confirm your name, your language and your current address.
  • Explain your rights, including your right to have a lawyer.
  • Ask you to respond to the Notice to Appear. This is called pleading.
  • Ask what relief you are seeking, such as asylum, withholding of removal, or protection under the Convention Against Torture.
  • Set filing deadlines and the date of your next hearing.

Pleading means answering two parts of the Notice to Appear. The first part lists facts the government says are true about you. You admit or deny each one. The second part is the charge: the legal reason the government says you can be removed. You concede it or contest it. These answers go into the record, so get a lawyer's advice before you give them if you possibly can.

If you plan to seek asylum, withholding or protection under the Convention Against Torture, our post on how those three forms of protection differ explains what each one requires.

Filing deadlines, with a lawyer and without one

The Practice Manual sets default filing deadlines in Chapter 2.1(b). They are different depending on whether you have a lawyer and whether you are detained.

Your situationDefault deadline
Not detained, no lawyer, master calendar hearingFilings due at least 15 days before the hearing
Not detained, with a lawyerA Form EOIR-28 filed at least 15 days before the master calendar hearing vacates the hearing. Written pleadings and evidence on removability then generally follow within 30 days, with responses within 20 days. Applications for relief are generally due 60 days from the order finding you removable
Individual hearing, not detainedAt least 30 days before the hearing, with responses within 10 days
DetainedAs the judge specifies. There is no fixed default

A judge can set different deadlines in your case, and the judge's order controls. Deadlines are counted in calendar days, and a document is not filed until the court receives it. Our post on how immigration court deadlines are counted walks through the arithmetic with an example.

Asking for more time to find a lawyer

Many people arrive without a lawyer and hope to ask for more time. Be careful about relying on that.

In Matter of A-K-R-, 29 I&N Dec. 839 (BIA 2026), decided August 14, 2026, the Board of Immigration Appeals said that "the only statutory or regulatory time requirement that is necessary to safeguard an alien's privilege of legal counsel is that the first hearing may not be scheduled earlier than 10 days after service of the notice to appear." The Board modified an earlier decision, Matter of C-B-, 25 I&N Dec. 888 (BIA 2012).

The practical lesson: start looking for a lawyer the day you receive your Notice to Appear, not the week of your hearing.

Your address, and what to bring

You must file Form EOIR-33 with the court within five days if the address on your Notice to Appear is missing or wrong, and within five days of any move (8 C.F.R. 1003.15(d)).

Before the hearing, confirm the date, time and court on EOIR's case status site at acis.eoir.justice.gov. EOIR says the hearing notices themselves are the official source, so keep them. If you live near New York City, our guide to the New York immigration courts lists the addresses.

What to bring:

  1. Your Notice to Appear and every hearing notice from the court.
  2. A passport or other identity document, if you have one.
  3. A copy of any Form EOIR-33 you filed, and proof of your current address.
  4. Copies of anything you or your lawyer filed, with the fee receipts. Our post on the I-589 filing fee explains how EOIR fees are paid.
  5. A pen, paper, and a written list of your questions.
  6. Your lawyer's contact details, or the names of the offices you have contacted.

Every case is different, and what you say at this first hearing matters. If you have a Notice to Appear or a hearing date coming up, talk to an immigration lawyer about your own case before you go to court.

Questions people ask

Will I have to tell my whole story at the first hearing?

Usually not. The master calendar hearing deals with your rights, your answers to the Notice to Appear, the relief you are seeking and the schedule. Your full testimony comes at the individual hearing, which is set for a later date.

Can I ask the judge for more time to find a lawyer?

You can ask, but do not count on it. In Matter of A-K-R- (BIA 2026), the Board said the only time requirement needed to protect the right to counsel is that the first hearing not be set earlier than 10 days after the Notice to Appear is served.

What if my lawyer files a Form EOIR-28 before the hearing?

For people who are not detained, a lawyer's Form EOIR-28 filed at least 15 days before the master calendar hearing vacates that hearing. A written schedule for pleadings and applications follows instead.

Sources

Every rule in this post was checked against these primary sources on August 20, 2026. Law in this area changes often; if you are reading this much later, ask a lawyer what has moved.

  1. INA 239(a)(1), (b)(1); 8 U.S.C. 1229
  2. 8 C.F.R. 1240.10 (hearing procedure)
  3. 8 C.F.R. 1240.15
  4. 8 C.F.R. 1003.15(d) (Form EOIR-33 address duty)
  5. 8 C.F.R. 1003.26(c)-(d) (notice where no address was provided)
  6. EOIR Policy Manual, Immigration Court Practice Manual Ch. 2.1(b) and 3.14
  7. Matter of A-K-R-, 29 I&N Dec. 839 (BIA 2026)

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Headlines from other publishers, updated November 5, 2026. We link to them; we do not write or endorse them. All news and blogs

Portrait of Mitchell Bromberg

Written by

Mitchell Bromberg, Esq.

Senior Associate · Admitted in NJ, NY

Mitchell Bromberg's practice centers on deportation defense, detained clients, bond proceedings, appeals to the Board of Immigration Appeals and motions to reopen removal orders. He earned his law degree at the Benjamin N. Cardozo School of Law and was admitted in New Jersey in 2023 and New York in 2024.

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