The Master Calendar Hearing–where dozens of people are squeezed into a room and forced to wait for hours in order to talk to a Judge for two minutes–has always been a headache and a waste of time. Now, though, as the coronavirus pandemic continues unabated, attending an MCH seems downright dangerous (lucky for us, we have an associate attorney who covers our MCHs – Don’t forget to wash your hands when (if) you get back!). I’ve written before about alternatives to the MCH, and given the expanding pandemic and the need for social distancing, now seems a good time to re-visit some of these ideas.
Before we get to that, I should mention that MCHs are not the only place where groups of non-citizens are packed together against their will. Far worse are our nation’s ICE detention facilities and private prisons, where conditions were already quite bleak (in the two years before the pandemic, 21 people died in ICE custody). Unfortunately, ICE has not taken effective action to protect detained asylum seekers and other non-citizens from the pandemic (at one facility in Virginia, for example, nearly 75% of detainees tested positive for COVID-19), and the agency seems to have little regard for the health of its detainees (or staff). As a colleague aptly notes, Anne Frank did not die in a gas chamber; she most likely died from typhus, which was epidemic in her detention camp.
Also, it’s worth noting that the National Association of Immigration Judges (the judges’ union) has been working hard for safer conditions in our nation’s Immigration Courts, even if EOIR management has been hostile to some of those efforts. Currently, non-detained MCHs have been suspended, but so far, there is no EOIR-wide policy for what to do instead. Some Immigration Judges and individual courts have made it easier to submit written statements in lieu of MCHs, but the process is still needlessly awkward and time consuming.
While we need a short-term fix so that MCHs can go forward during the pandemic, here I want to talk about longer-term solutions. Below are a few ideas for replacing in-person MCHs. While these ideas may not work in all cases, they will help most respondents (and their attorneys) avoid attending MCHs. This would save time and money for people in court, and would also save time and resources for the courts themselves, and for DHS. In addition, reducing the need to appear in person would help prevent the spread of disease. In short, doing away with MCHs is an all around win. So without further ado, here are some ideas to get rid of those pesky Master Calendar Hearings–
e-Master Calendar Hearings: EOIR–the Executive Office for Immigration Review, the office that oversees our nation’s Immigration Courts–has been working towards electronic filing for decades, and in some courts, limited online filing is available. Given that the infrastructure is being put into place for online filing, EOIR should create an online MCH. There already exists a system for written MCHs, but this is a huge pain in the neck. It involves a burdensome amount of paperwork, and judges don’t always respond to the documents we file. This means that we lawyers do double work–we submit everything in writing and we have to attend the MCH. Given how unreliable it is, many attorneys (including yours truly) would rather attend the MCH than try to do it in writing.
An effective and reliable e-MCH would be easy to use and efficient. Most cases fit a clear pattern: Admit the allegations, concede the charge(s), indicate the relief sought and language spoken, designate the country of removal, and obtain a date for the Individual Hearing. For attorneys and accredited representatives who are registered with EOIR, this could all easily be accomplished through an online form, thus saving time for all involved.
Orientation Sessions for Unrepresented Respondents: One difficulty during the typical MCH is attending to unrepresented respondents. People who come to court without a lawyer tend to take more time than people who have attorneys. This is because the attorneys (usually) know what is expected at the MCH and are (hopefully) ready to proceed. For people without lawyers, the Immigration Judge (“IJ”) needs to explain what is going on, often through an interpreter. All this takes time and seems like busy work for the IJ (who often has to repeat the same litany multiple times during each MCH). Why not provide pre-MCHs with court staff instead of judges? There, unrepresented respondents can received a basic orientation about the process and be encouraged to find a lawyer. These sessions could be organized by language. Respondents who indicate that they will return with a lawyer can be given a deadline by which the lawyer can either submit the necessary information online (if e-MCHs have been implemented) or come to court if need be. Respondents who will not use a lawyer can be given a date to return for an in-person MCH with a judge. Even if e-MCHs are not implemented, having an orientation session would save significant time for judges and would make MCHs more efficient.
Empower DHS: In Immigration Court, the “prosecutor” works for the Department of Homeland Security (“DHS”). Most DHS attorneys are overwhelmed and overworked. They have little time to review cases in advance or to speak with opposing counsel prior to the MCH or the Individual Hearing. What if there were more DHS attorneys? What if we could pre-try cases, narrow issues, and maybe even hold depositions? If issues could be hashed out ahead of time, we could shorten or eliminate the need for a MCH, and we could make Individual Hearings more efficient.
All this seems pretty basic. The Immigration Courts are overwhelmed. Reducing or eliminating MCHs will free up judges to do substantive work. It will also save time for DHS, respondents, and their attorneys. And of course, given our new normal with the coronavirus, it will help keep everyone safe. Changes to the MCH system are long overdue, and are especially urgent due to the pandemic. Let’s hope that EOIR can finally rise to the occasion.
Hi Jason
Thank you for your service. God bless you.
My case is in Arlington Immigration court. I submitted motion to advance my individual hearing on October 31st 2019 and was denied on March 2020. My question here is can I submit for the second time since I got back surgery recently and my country condition is worse than ever. So how is my chance to get my motion accepted? What is your recommendation?
Thank you
You can try again (I wrote about advancing in court on April 20, 2017). It is a difficult time to advance a case, given that courts are not operating at full capacity due to the pandemic, but you can try. Maybe you want to wait a few months to see if the situation improves, but that is up to you. Take care, Jason
Good afternoon Jason,
As always, I do thank you for your help.
I have a question regarding F1 visa 214b denial. My closest friend has been living in the USA for 6yrs.she is asylum pending and has not yet interviewed by USCIS. she is a registered nurse.
Her son got I20 from one of USA university to enroll for spring semester. He had an interview last week but the out come was not good. The counselor asked him about his mother status in USA. In his DS160 form there is a question that asks about status of his mother. He answered it OTHER.
The counselor asked him the status of his mother in USA. His answer was i am not sure. he keep on asking him how he does not his mother status, you don’t communicate so and so. finally he denied F1 visa and reason for denial code 214B. Her son is living with his biological father and his sister back home in Ethiopia.
He is reapplying. What is your advise how he should articulate his reason as to why he rejected?
If he was under 21 years old when his mother filed for asylum, he would be eligible to get asylum based on her case, if she wins. Because of this, the embassy may deny him a visa, since they will think he plans to stay in the US (F-1 visa requires that you leave at the end of your studies and if you have an “immigration intent,” you will normally be denied a visa. I suppose if he can somehow convince the embassy that he will leave at the end of his studies, maybe he can get a visa, but it will not be easy. Maybe talk to the school and see if they can recommend a lawyer to help with the visa application. Take care, Jason
Jason,
I have been waiting for my second MCH which is coming in November 27th. Unfortunately, all non-detained MCH cases postponed through 27th. What do I expect next and when they will put us in schedule? Any advice and suggestions?
Thank you
No one knows – it will depend on the situation with the pandemic, and currently things are moving in the wrong direction. You can try to do the MCH in writing. Some judges allow this (all judges should allow and encourage this). I wrote about expediting a court case on April 20, 2017. Maybe that would help. Take care, Jason
Hello Jason,
You earlier helped me a lot with your advice, Thanks again
Today, I have another question, I am in removal process in the NYC court, I got married September 2017 to Green Card holder and he applied to Citizenship on October 2017, I wanted to adjust my status in the court but because of my husband is not Citizen court asked me to wait until he will be a citizen. so after 3 years my husband’s citizenship approved finally! Now my Lawyer says the court is closed to withdraw my case. Do you know any other way to contact judge and ask him to withdraw my case?
Thank you
Dilya
I do not know that any courts are closed. Many are not holding hearings, and some close for a few days if there is a Covid issue. You (or the lawyer) should be able to contact DHS to see whether they would agree to terminate the case, and if so, file a motion to terminate with the judge. Or you could try to get your GC from the immigration court. You can find contact info for the immigration court if you follow the link at right called Immigration Court. Also, I wrote about getting the GC on August 6, 2018 – maybe that would help. Take care, Jason
Good Evening Mr.JASON,
God bless you abundantly for providing valuable information for us.
I have a question regarding my individual hearing. My individual hearing was scheduled July 2020 but due to the pandemic there was no hearing on this date . until now no future hearing scheduled. I tried to contact the judge legal assistant all my calls went through the voice mail.
I have waited almost for 7yesrs. I couldn’t get satisfactory solution from my lawyer.
Thank you in advance
Unfortunately, this is happening to a lot of people. Also unfortunately, many court staff members are not very responsive. The only real option is to file a motion to request a new date as soon as possible. I wrote about this on April 20, 2017. Given the pandemic and the fact that courts are not operating at full capacity, it may not be very likely that a judge can give you a sooner date, but you can try. Take care, Jason
Hi , Jason
I have pending asylum application for interview since 2018
My son seek in third country is there anyway for me to travel to see him and return to USA,?
If your case is with the asylum office, you can apply for Advance Parole and travel to see him. I wrote about that on September 11, 2017. Take care, Jason
Hello Jason
I have got a court order approving my asylum status. Time is approaching to file an I-485. Should I enclose medical examination report to I-485, or I should file i-485 and wait until uscis requires it? There are different views on this matter. Thank you very much.
Either way is fine, and I do not see a difference in terms of processing times. If you include the exam now, make sure you complete the exam shortly before you mail it (it must be dated 60 days or less before you file the I-485; otherwise, it will expire – see the “special instructions” for form I-693, available at http://www.uscis.gov). Take care, Jason
Jason, if praying for Joe Biden and Kamala Harris to win considered campaign contribution? 😂 I do not want to break the law!
Is* I meant.
I do an easy way. I just send money to my American friend who donates it to Biden campaign
Mmmmh!
Doesn’t sound right, except you are also joking.
My initial question was intended for pun actually.
Praying is great. Action too. I hope to do a blog post soon about how non-citizens can legally participate in the election. Take care, Jason
Another question Jason and I wish you can help me : If I get my RTD and travel while my GC is pending . Will that be considered as abandon of my GC application? I find this position confusing and I wanted to know from you if I can travel with RTD while my GC is pending
Thank you !!
There should be no problem, as long as you attend any biomtrics appointments and interviews. Take care, Jason
what if i marry a green card while my asylum is pending ？
If so, and if you are eligible (legal entry, no convictions or removal orders or immigration issues), you should be eligible to get your green card. Depending on the situation, you may be able to do this in the U.S. or you might have to leave the U.S. I wrote about this on August 28, 2018 – maybe that would help, but you are better off talking to a lawyer to determine your eligibility, as there are many factors. Take care, Jason
Dear Jason,
I have got asylum case pending for 5.5years no interview yet since 03-12-2015(my B-2 in
Status expireds at
Aug-08-2015 )
I am planning to get married to my girlfriend Who get green card this
Month .My questions is:
Could my girlfriend file paper (i130 and I-485
for me after we get married? (Adjust status in US)
Thanks,
Looking forWard to a reply
best regards
I wrote about this on August 28, 2018, but the short answer is that she can file an I-130 for you, but you would probably need to leave the US to get a green card. There are some rare exceptions, and in some cases, you may not be eligible at all for a GC. Talk to a lawyer about the specifics to know for sure. Take care, Jason
Please sign the petition to help yourself and fellow asylum seekers.
Jason,
I repeatedly paste the link to the petition, because it is not ad for some company or lawyer but a common cause. I hope it is not an issue?
The petition has 87 signs so far.
https://www.change.org/p/uscis-uscis-should-change-asylum-seekers-interview-scheduling-policy?utm_content=cl_sharecopy_24334746_en-US%3A1&recruiter=686466170&utm_source=share_petition&utm_medium=copylink&utm_campaign=share_petition&utm_term=08999dbcf4cc4af08de8599979580530
Not an issue at all – I hope it keeps getting traction. Take care, Jason
Hi Jason,
I am a granted asylee. Applied for RTD I-131 February 13th 2020! It has been 6 months “My case is Outside Normal Processing Times At Nebraska Office”. I inquired by email and by phone with USCIS Then I submitted a request with Ombudsman. They both said within 60 days I will be receiving a decision. Today I was on the phone with USCIS officer and I told her that I have an appointment in Consulate next week and would like to get Schengen visa. I might need RTD. She told me I can apply Advance Parole on the phone. Which I should l have a humanitarian reason. My reason is just to go to Europe and see my husband and his family. I decided not to apply Emergency Advance Parole Because don’t know how long it could take and not sure! Waiting Another 2 months will 8 months!! I haven’t been outside of the US bc I was in pending asylum backlog since 2015. Eventually I have got granted this year now I am stuck with RTD. Then I will wait for GC. Everything is just life timing in this country. There is always something!
I just wanted to share my experience with everyone.
Thank you very much Jason.
Processing time for the RTD used to be much faster, but lately, it is slow. Hopefully, you will get it soon. Take care, Jason
hi Jason
I check the EOIR Facebook page . its says As previously announced, certain immigration courts have resumed non-detained hearings. Hearings in non-detained cases at courts without an announced date are postponed through, and including, Aug. 28, 2020.
1 It’s JUST KEEP CHANGING EVERY WEEK. MY HEARING IS ON SEPTEMBER 3. I DON NOT WHAT TO
DO I ALREADY EXPEDITE IT 3 TIME IN COURT DUE TO MY MEDICAL CONDITION
2 I CALLED SF COURT THEY SAYED CALL BEFORE ONE WEEK TO KNOW WHETHER WE HAVE YOUR HEARING OR NOT
You might check to see whether your court is operating 0 you can Google “DOJ EOIR” and find the operating status for each court. If the case is postponed, once things reopen, you can request a sooner date for your hearing – I wrote about that on April 20, 2017. Take care, Jason
Hi jason. Thank you so much for your great work in that blog. I have a question. I have been granted the asylum last year and i now will apply for the green card. Shall i do all the medical examinations and attach the medical report with the green card application and send it to the uscis or i can postpone the medical examination later because i have heard that it will expire after 6 months and now the green card processing times take long time that can extend to more than one year. But i am concerned that if i postpone the medical examination, that can cause more delay. So what do you recommend for me ,
You can do it either way. If you do the medical exam now, you need to submit it within a certain period of time of completing the exam (I can’t remember if it is 30 days or something else). If you do that, it remains valid for the entire processing time. Otherwise, you can do it later – USCIS will request it when they want it. We are mostly sending it later, as requirements keep changing, and I figure that is the better approach, but I really think it does not much matter, and as far as I can tell, it does not affect the processing time. Take care, Jason