Tomorrow, one of the students in the Immigration Law Clinic will appear on behalf of his client before the Sterling (Va.) Immigration Court for a Master Calendar Hearing.

At a “Master,” the Immigration Judge (an employee of the Department of Justice who adjudicates immigration cases) will call multiple cases. In each, the IJ will ask the respondent or their counsel how they respond to the charges of removability made by the Department of Homeland Security. The IJ will ask if they plan to seek any affirmative relief, like asylum, and how long counsel anticipates it will require to try the case.

The IJ also has a statutory obligation to point out any relief that the respondent might have available, based on what the IJ learns about the facts of the case. For people with lawyers, this is an important duty. If the IJ thinks the person might have claim for relief but has not been able to find counsel, they will sometimes set the case for another Master in a few weeks to allow time to find counsel and for counsel to prepare.

After resolving preliminary issues, taking pleadings, and understanding the type of relief sought, the IJ will schedule the case for an Individual Calendar Hearing, usually several months to as much as two years away (depending on the court’s docket). The Individual Calendar Hearing is essentially a trial, where the respondent has an opportunity to prove that they are not removable at all or that, while removable (such as for overstaying a visa), they are entitled to some form of relief (such as asylum or cancellation based on hardship to a U.S. citizen relative).

For Immigration Law Clinic students, the MCH is often their first opportunity to appear in a proceeding on behalf of a client. COVID has made it much easier for counsel in places like West Virginia — several hours from any immigration court — to handle Masters. Instead of having to drive for what usually amounts to a 5-minute hearing, we can appear via WebEx. These types of COVID-related changes have transformed the economics of immigration practice for the better in remote locations like ours.