If you are a Guatemalan who received a Notice to Appear (Form I-862), your first date in front of an immigration judge is a master calendar hearing, according to EOIR. It is where the case is set up: the judge advises you of your rights, takes your answer to the charges and sets deadlines. This page sets out what the federal regulation and EOIR’s own Practice Manual say happens there. To find your hearing date, use our guide to checking your immigration court case; for an interpreter in a Mayan language, see Mayan-language interpreters in US immigration court. Neither is repeated here.
Quick summary: EOIR says your first appearance before a judge in removal proceedings is a master calendar hearing, held for pleadings, scheduling and similar matters. By regulation (8 CFR 1240.10(a)) the judge must advise you of your right to a lawyer at no expense to the government, point you to pro bono providers, check you got appeal rights, explain your evidence rights, put you under oath, read and explain the charges and enter the Notice to Appear as an exhibit. You will be asked to admit or deny the allegations and charges, to designate (or decline to designate) a country of removal and to say what relief you plan to seek. At least 10 days must pass between service of the Notice to Appear and this hearing unless you waive it. You must attend unless the judge granted a waiver. Evidence is heard later, at the individual (merits) hearing. Checked October 21, 2026.
Master calendar vs individual hearing
| Master calendar hearing | Individual calendar hearing | |
|---|---|---|
| What EOIR calls it | Your first appearance before an immigration judge in removal proceedings | Also known as a merits hearing |
| What it is for | Pleadings, scheduling and other similar matters (Practice Manual 3.14(a)) | Evidentiary hearings held on contested matters, where you and DHS present evidence |
| What happens | You are advised of your rights; the judge will likely take pleadings on the Notice to Appear | The judge hears arguments from both you and DHS and reviews the evidence |
| When it is set | Date, time and place in the Notice to Appear, or in a later notice of hearing by mail | The judge schedules it if you submit an application for relief from removal |
| Papers | If you have a practitioner, they file routine documents such as Form EOIR-28 and Form EOIR-33/IC at the beginning of the hearing (Practice Manual 3.14(h)) | Evidence supporting your application, such as medical records, police reports, affidavits of support or other documents; you may also testify and present witnesses |
Sources: EOIR, Learn About the Immigration Court (updated May 18, 2026); EOIR Immigration Court Practice Manual, chapter 3.14. Both checked October 21, 2026.
How you learn the date
- In the Notice to Appear, or by mail. EOIR’s Practice Manual says the Notice to Appear may contain the date, time and location of the initial master calendar hearing, and if it does, you must appear then. If it does not, the court mails a notice of hearing with that information. Any later change is mailed to the address the court has on record (Practice Manual 3.14(c)).
- Online or by phone. EOIR’s Notice to Appear page says you can check whether a hearing has been scheduled through the Automated Case Information system or by phone, and that the system will not reflect a new hearing date until the court has set it. Our EOIR case lookup guide shows how.
- The 10-day rule. At least ten days must elapse between service of the Notice to Appear and the initial master calendar hearing, to give you time to find a lawyer and prepare. You can waive this by signing the Request for Prompt Hearing in the Notice to Appear (Practice Manual 3.14(b), citing INA 239(b)(1)).
- Keep your address current. The judge verifies your name, address and phone number on the record; if they changed, you must submit Form EOIR-33/IC (Practice Manual 3.14(f)). Our page on USCIS and immigration court change of address explains the form and its deadline.
What the judge must do when the hearing opens
8 CFR 1240.10(a) says that in a removal proceeding the immigration judge shall:
| Step | 8 CFR 1240.10(a) |
|---|---|
| 1 | Advise you of your right to representation, at no expense to the government, by counsel of your choice authorized to practice in the proceedings, and require you to state then and there whether you want representation |
| 2 | Advise you of the availability of pro bono legal services for that immigration court location, and ascertain that you received a list of those providers |
| 3 | Ascertain that you received a copy of appeal rights |
| 4 | Advise you that you will have a reasonable opportunity to examine and object to the evidence against you, to present evidence on your own behalf and to cross-examine government witnesses (with an exception for national security information the government may proffer against admission or discretionary relief) |
| 5 | Place you under oath |
| 6 | Read the factual allegations and the charges in the Notice to Appear and explain them in non-technical language |
| 7 | Enter the Notice to Appear as an exhibit in the Record of Proceeding |
The Practice Manual (3.14(f)) adds that the judge turns on the recording equipment and, on the record, identifies the type of proceeding, your name and A-number, the date, time and place, and who is present. If needed, an interpreter is provided to a person whose command of English is inadequate to fully understand and participate.
Under 8 CFR 1240.10(b), removal hearings are open to the public, except that the judge may, in his or her discretion, close proceedings as provided in 8 CFR 1003.27.
Pleadings: what you will be asked
Under 8 CFR 1240.10(c), the judge requires you to plead to the Notice to Appear by stating whether you admit or deny the factual allegations and your removability under the charges. EOIR’s Practice Manual (3.14(i)) says the respondent should be prepared to:
- concede or deny service of the Notice to Appear;
- request or waive a formal reading of the Notice to Appear, and an explanation of your rights and obligations;
- admit or deny the charges and factual allegations;
- designate or decline to designate a country of removal;
- state what applications for relief from removal, if any, you intend to file;
- identify and narrow the legal and factual issues;
- estimate in hours the time needed to present your case at the individual calendar hearing;
- request a date to file your applications for relief;
- request an interpreter for yourself and your witnesses, if needed.
Protections in the regulation:
- The judge shall not accept an admission of removability from an unrepresented respondent who is incompetent or under the age of 18 and is not accompanied by an attorney or legal representative, a near relative, legal guardian or friend (8 CFR 1240.10(c)).
- Country of removal. Except for arriving aliens covered by INA 241(b)(1), the judge must tell you that if you are finally ordered removed, the country of removal will in the first instance be the one you designate, except as otherwise provided under INA 241(b)(2), and give you the chance to designate it then and there. The judge also identifies alternative countries for the record (8 CFR 1240.10(f)).
- Relief you may qualify for. 8 CFR 1240.11(a)(2) says the immigration judge shall inform the alien of his or her apparent eligibility to apply for any of the benefits enumerated in that chapter and afford an opportunity to apply during the hearing. For unrepresented respondents, the Practice Manual (3.14(g)) says that when the judge proceeds with pleadings, he or she advises the respondent of any relief for which the respondent appears to be eligible. Two forms of relief covered on this site are cancellation of removal after 10 years and asylum.
If you do not have a lawyer yet
EOIR’s Practice Manual (3.14(g)) says that if you are unrepresented, the judge advises you of your hearing rights and obligations and makes sure you received the list of pro bono providers in the area. You may waive representation and proceed on your own, or ask the judge to continue the case to another master calendar hearing so you can find a lawyer. At that next hearing you will be expected to explain your efforts to find one; the judge may then proceed with pleadings or continue the case again. Even if you plead without a lawyer, you still have the right to get one before the next hearing.
Attendance: in person unless the judge says otherwise
| Situation | What the Practice Manual (3.14(m)-(n)) says |
|---|---|
| General rule | Respondents must appear at all master calendar hearings unless the judge has granted a waiver of appearance |
| Waiver of your appearance | May be requested by oral or written motion; a written motion uses the cover page MOTION TO WAIVE RESPONDENT’S APPEARANCE. Under 8 CFR 1003.25(a), the judge may, for good cause, waive the presence of a person who is represented, or of a minor child at least one of whose parents or legal guardian is present |
| Filing a motion is not enough | Merely filing a motion to waive appearance, or to appear by telephone, does not excuse you; you must appear in person unless the motion has been granted |
| By telephone | At the judge’s discretion, at some master calendar hearings; you must be available for the whole hearing, and cell phones should not be used unless the judge expressly permits |
| Future hearings | A waiver or phone permission for one master calendar hearing does not cover any future hearing |
8 CFR 1003.25(c) also allows an immigration judge to conduct hearings through video conference to the same extent as in person.
If you miss it. Under 8 U.S.C. 1229a(b)(5)(A), a person who does not attend after the required written notice was provided shall be ordered removed in absentia if the government proves the notice and removability. EOIR’s Practice Manual (3.16) says any delay in appearing may result in an in absentia order. What you can do afterwards, and the deadlines, are on our page on in absentia removal orders.
After the master calendar hearing
- Applications and deadlines. The judge sets deadlines for filing applications for relief, briefs, motions, exhibits and witness lists, and schedules hearings on contested matters (Practice Manual 3.14(e)).
- Biometrics. If you are not detained and seek relief that requires background and security investigations, the DHS attorney gives you the DHS biometrics instructions. Failing to comply on time results in the application not being considered unless you show good cause (Practice Manual 3.14(k), citing 8 CFR 1003.47(d)).
- Fees. Court filings such as the EOIR-42B carry fees; see immigration court fees (EOIR).
Get qualified help
Admitting or denying a charge, and choosing what relief to apply for, have lasting consequences. Talk to a licensed immigration attorney or an accredited representative before the hearing; our guide to avoiding notario fraud and finding accredited help shows how to check who you hire.
Related pages
- How to check your immigration court case (EOIR)
- In absentia removal orders: deadlines to reopen
- Mayan-language interpreters in US immigration court
- Voluntary departure for Guatemalans
Sources
- 8 CFR 1240.10 (Hearing) and 1240.11, eCFR (current): https://www.ecfr.gov/current/title-8/section-1240.10 and https://www.ecfr.gov/current/title-8/section-1240.11
- 8 CFR 1003.25, eCFR (current): https://www.ecfr.gov/current/title-8/section-1003.25
- EOIR Immigration Court Practice Manual, chapter 3.14 (Master Calendar Hearing) and 3.16 (In Absentia Hearing): https://www.justice.gov/eoir/policy-manual-eoir/part-II/icpm/chapter-3-14
- EOIR, Learn About the Immigration Court (updated May 18, 2026): https://www.justice.gov/eoir/learn-about-immigration-court
- EOIR, The Notice to Appear (updated December 14, 2025): https://www.justice.gov/eoir/notice-appear
- 8 U.S.C. 1229a, Legal Information Institute (Cornell) copy: https://www.law.cornell.edu/uscode/text/8/1229a
All sources checked October 21, 2026. General information, not legal advice.
Frequently Asked Questions
What is a master calendar hearing?
EOIR says your first appearance before an immigration judge in removal proceedings will be at a master calendar hearing. Its Practice Manual says master calendar hearings are held for pleadings, scheduling and other similar matters. Evidence on contested issues is heard later, at the individual calendar (merits) hearing.
What does the judge do at the start of the hearing?
8 CFR 1240.10(a) lists seven steps: advise you of your right to representation at no expense to the government and ask whether you want it; advise you of the pro bono legal services for that court and check you received the list; check you received a copy of appeal rights; advise you of your right to examine and object to evidence, present your own and cross-examine government witnesses; place you under oath; read and explain the allegations and charges in the Notice to Appear in non-technical language; and enter the Notice to Appear as an exhibit.
Do I have to answer the charges at the first hearing?
EOIR says the judge will likely take pleadings at the first master calendar hearing. Under 8 CFR 1240.10(c), the judge requires the respondent to plead by stating whether he or she admits or denies the factual allegations and removability under the charges. If you are unrepresented, EOIR’s Practice Manual says you may ask the judge to continue the case to another master calendar hearing to find a lawyer.
Will the government give me a free lawyer?
Not under this rule: the right in 8 CFR 1240.10(a)(1) is to representation at no expense to the government, by counsel of your choice. The judge must tell you about the pro bono legal services available for that court and confirm you received the list of providers.
What is the difference between a master calendar and an individual hearing?
EOIR says master calendar hearings are where you are advised of your rights and the judge takes pleadings; if you submit an application for relief from removal, the judge schedules an individual calendar hearing. Individual hearings, also called merits hearings, are evidentiary hearings on contested matters, where you and DHS present evidence.
Can I skip the master calendar hearing or attend by phone?
Only with the judge’s permission. EOIR’s Practice Manual says respondents must appear at all master calendar hearings unless the judge has granted a waiver of appearance, and that merely filing a motion to waive appearance or to appear by telephone does not excuse appearing in person. Telephonic appearance is at the judge’s discretion.
What happens if I miss my first hearing?
Under 8 U.S.C. 1229a(b)(5)(A), a person who does not attend after the required written notice was provided can be ordered removed in absentia. See our page on in absentia removal orders for the deadlines to reopen.
