Telephonic Appearance at a Master Calendar Hearing
An Immigration Judge can permit a respondent or practitioner to appear by telephone at some master calendar hearings in appropriate circumstances. This page explains current Immigration Court procedure and preservation.
An Immigration Judge can permit a respondent or practitioner to appear by telephone at some master calendar hearings in appropriate circumstances. A telephonic appearance request is distinct from a request to waive appearance entirely. The request should identify the hearing date, explain the reason for telephone participation, and provide the telephone number required by current EOIR practice.
Core Rule
master-calendar telephonic appearance core rule begins with this rule: An Immigration Judge can permit a respondent or practitioner to appear by telephone at some master calendar hearings in appropriate circumstances. For master-calendar telephonic appearance, counsel should calendar the next obligation. The master-calendar telephonic appearance presentation should identify the hearing posture. A master-calendar telephonic appearance motion should cite the controlling source.
master-calendar telephonic appearance core rule also reflects this point: The request should identify the hearing date, explain the reason for telephone participation, and provide the telephone number required by current EOIR practice. In master-calendar telephonic appearance, the record should describe the triggering fact. During master-calendar telephonic appearance, counsel should attach the relevant record. The judge addressing master-calendar telephonic appearance should state the requested ruling.
master-calendar telephonic appearance core rule remains subject to this principle: The person appearing by telephone must remain available during the hearing and comply with the court's instructions. After master-calendar telephonic appearance, counsel should preserve a timely objection. Any dispute about master-calendar telephonic appearance should explain the practical prejudice. Appellate preservation for master-calendar telephonic appearance should separate procedure from merits.
Authority
master-calendar telephonic appearance authority begins with this rule: A telephonic appearance request is distinct from a request to waive appearance entirely. For master-calendar telephonic appearance, counsel should identify the hearing posture. The master-calendar telephonic appearance presentation should cite the controlling source. A master-calendar telephonic appearance motion should describe the triggering fact.
master-calendar telephonic appearance authority also reflects this point: A practitioner permitted to appear by telephone does not thereby obtain a waiver of the respondent's attendance. In master-calendar telephonic appearance, the record should attach the relevant record. During master-calendar telephonic appearance, counsel should state the requested ruling. The judge addressing master-calendar telephonic appearance should preserve a timely objection.
master-calendar telephonic appearance authority remains subject to this principle: An Immigration Judge can permit a respondent or practitioner to appear by telephone at some master calendar hearings in appropriate circumstances. After master-calendar telephonic appearance, counsel should explain the practical prejudice. Any dispute about master-calendar telephonic appearance should separate procedure from merits. Appellate preservation for master-calendar telephonic appearance should address the opposing position.
Trigger
master-calendar telephonic appearance trigger begins with this rule: The request should identify the hearing date, explain the reason for telephone participation, and provide the telephone number required by current EOIR practice. For master-calendar telephonic appearance, counsel should cite the controlling source. The master-calendar telephonic appearance presentation should describe the triggering fact. A master-calendar telephonic appearance motion should attach the relevant record.
master-calendar telephonic appearance trigger also reflects this point: The person appearing by telephone must remain available during the hearing and comply with the court's instructions. In master-calendar telephonic appearance, the record should state the requested ruling. During master-calendar telephonic appearance, counsel should preserve a timely objection. The judge addressing master-calendar telephonic appearance should explain the practical prejudice.
master-calendar telephonic appearance trigger remains subject to this principle: A telephonic appearance request is distinct from a request to waive appearance entirely. After master-calendar telephonic appearance, counsel should separate procedure from merits. Any dispute about master-calendar telephonic appearance should address the opposing position. Appellate preservation for master-calendar telephonic appearance should request an express finding.
Record
master-calendar telephonic appearance record begins with this rule: A practitioner permitted to appear by telephone does not thereby obtain a waiver of the respondent's attendance. For master-calendar telephonic appearance, counsel should describe the triggering fact. The master-calendar telephonic appearance presentation should attach the relevant record. A master-calendar telephonic appearance motion should state the requested ruling.
master-calendar telephonic appearance record also reflects this point: An Immigration Judge can permit a respondent or practitioner to appear by telephone at some master calendar hearings in appropriate circumstances. In master-calendar telephonic appearance, the record should preserve a timely objection. During master-calendar telephonic appearance, counsel should explain the practical prejudice. The judge addressing master-calendar telephonic appearance should separate procedure from merits.
master-calendar telephonic appearance record remains subject to this principle: The request should identify the hearing date, explain the reason for telephone participation, and provide the telephone number required by current EOIR practice. After master-calendar telephonic appearance, counsel should address the opposing position. Any dispute about master-calendar telephonic appearance should request an express finding. Appellate preservation for master-calendar telephonic appearance should update the court if facts change.
Evidence
master-calendar telephonic appearance evidence begins with this rule: The person appearing by telephone must remain available during the hearing and comply with the court's instructions. For master-calendar telephonic appearance, counsel should attach the relevant record. The master-calendar telephonic appearance presentation should state the requested ruling. A master-calendar telephonic appearance motion should preserve a timely objection.
master-calendar telephonic appearance evidence also reflects this point: A telephonic appearance request is distinct from a request to waive appearance entirely. In master-calendar telephonic appearance, the record should explain the practical prejudice. During master-calendar telephonic appearance, counsel should separate procedure from merits. The judge addressing master-calendar telephonic appearance should address the opposing position.
master-calendar telephonic appearance evidence remains subject to this principle: A practitioner permitted to appear by telephone does not thereby obtain a waiver of the respondent's attendance. After master-calendar telephonic appearance, counsel should request an express finding. Any dispute about master-calendar telephonic appearance should update the court if facts change. Appellate preservation for master-calendar telephonic appearance should confirm the ruling on the record.
Hearing Procedure
master-calendar telephonic appearance hearing procedure begins with this rule: An Immigration Judge can permit a respondent or practitioner to appear by telephone at some master calendar hearings in appropriate circumstances. For master-calendar telephonic appearance, counsel should state the requested ruling. The master-calendar telephonic appearance presentation should preserve a timely objection. A master-calendar telephonic appearance motion should explain the practical prejudice.
master-calendar telephonic appearance hearing procedure also reflects this point: The request should identify the hearing date, explain the reason for telephone participation, and provide the telephone number required by current EOIR practice. In master-calendar telephonic appearance, the record should separate procedure from merits. During master-calendar telephonic appearance, counsel should address the opposing position. The judge addressing master-calendar telephonic appearance should request an express finding.
master-calendar telephonic appearance hearing procedure remains subject to this principle: The person appearing by telephone must remain available during the hearing and comply with the court's instructions. After master-calendar telephonic appearance, counsel should update the court if facts change. Any dispute about master-calendar telephonic appearance should confirm the ruling on the record. Appellate preservation for master-calendar telephonic appearance should make a focused proffer.
Judge Findings
master-calendar telephonic appearance judge findings begins with this rule: A telephonic appearance request is distinct from a request to waive appearance entirely. For master-calendar telephonic appearance, counsel should preserve a timely objection. The master-calendar telephonic appearance presentation should explain the practical prejudice. A master-calendar telephonic appearance motion should separate procedure from merits.
master-calendar telephonic appearance judge findings also reflects this point: A practitioner permitted to appear by telephone does not thereby obtain a waiver of the respondent's attendance. In master-calendar telephonic appearance, the record should address the opposing position. During master-calendar telephonic appearance, counsel should request an express finding. The judge addressing master-calendar telephonic appearance should update the court if facts change.
master-calendar telephonic appearance judge findings remains subject to this principle: An Immigration Judge can permit a respondent or practitioner to appear by telephone at some master calendar hearings in appropriate circumstances. After master-calendar telephonic appearance, counsel should confirm the ruling on the record. Any dispute about master-calendar telephonic appearance should make a focused proffer. Appellate preservation for master-calendar telephonic appearance should protect later appellate review.
Respondent Position
master-calendar telephonic appearance respondent position begins with this rule: The request should identify the hearing date, explain the reason for telephone participation, and provide the telephone number required by current EOIR practice. For master-calendar telephonic appearance, counsel should explain the practical prejudice. The master-calendar telephonic appearance presentation should separate procedure from merits. A master-calendar telephonic appearance motion should address the opposing position.
master-calendar telephonic appearance respondent position also reflects this point: The person appearing by telephone must remain available during the hearing and comply with the court's instructions. In master-calendar telephonic appearance, the record should request an express finding. During master-calendar telephonic appearance, counsel should update the court if facts change. The judge addressing master-calendar telephonic appearance should confirm the ruling on the record.
master-calendar telephonic appearance respondent position remains subject to this principle: A telephonic appearance request is distinct from a request to waive appearance entirely. After master-calendar telephonic appearance, counsel should make a focused proffer. Any dispute about master-calendar telephonic appearance should protect later appellate review. Appellate preservation for master-calendar telephonic appearance should calendar the next obligation.
DHS Position
master-calendar telephonic appearance dhs position begins with this rule: A practitioner permitted to appear by telephone does not thereby obtain a waiver of the respondent's attendance. For master-calendar telephonic appearance, counsel should separate procedure from merits. The master-calendar telephonic appearance presentation should address the opposing position. A master-calendar telephonic appearance motion should request an express finding.
master-calendar telephonic appearance dhs position also reflects this point: An Immigration Judge can permit a respondent or practitioner to appear by telephone at some master calendar hearings in appropriate circumstances. In master-calendar telephonic appearance, the record should update the court if facts change. During master-calendar telephonic appearance, counsel should confirm the ruling on the record. The judge addressing master-calendar telephonic appearance should make a focused proffer.
master-calendar telephonic appearance dhs position remains subject to this principle: The request should identify the hearing date, explain the reason for telephone participation, and provide the telephone number required by current EOIR practice. After master-calendar telephonic appearance, counsel should protect later appellate review. Any dispute about master-calendar telephonic appearance should calendar the next obligation. Appellate preservation for master-calendar telephonic appearance should identify the hearing posture.
Counsel Strategy
master-calendar telephonic appearance counsel strategy begins with this rule: The person appearing by telephone must remain available during the hearing and comply with the court's instructions. For master-calendar telephonic appearance, counsel should address the opposing position. The master-calendar telephonic appearance presentation should request an express finding. A master-calendar telephonic appearance motion should update the court if facts change.
master-calendar telephonic appearance counsel strategy also reflects this point: A telephonic appearance request is distinct from a request to waive appearance entirely. In master-calendar telephonic appearance, the record should confirm the ruling on the record. During master-calendar telephonic appearance, counsel should make a focused proffer. The judge addressing master-calendar telephonic appearance should protect later appellate review.
master-calendar telephonic appearance counsel strategy remains subject to this principle: A practitioner permitted to appear by telephone does not thereby obtain a waiver of the respondent's attendance. After master-calendar telephonic appearance, counsel should calendar the next obligation. Any dispute about master-calendar telephonic appearance should identify the hearing posture. Appellate preservation for master-calendar telephonic appearance should cite the controlling source.
Timing
master-calendar telephonic appearance timing begins with this rule: An Immigration Judge can permit a respondent or practitioner to appear by telephone at some master calendar hearings in appropriate circumstances. For master-calendar telephonic appearance, counsel should request an express finding. The master-calendar telephonic appearance presentation should update the court if facts change. A master-calendar telephonic appearance motion should confirm the ruling on the record.
master-calendar telephonic appearance timing also reflects this point: The request should identify the hearing date, explain the reason for telephone participation, and provide the telephone number required by current EOIR practice. In master-calendar telephonic appearance, the record should make a focused proffer. During master-calendar telephonic appearance, counsel should protect later appellate review. The judge addressing master-calendar telephonic appearance should calendar the next obligation.
master-calendar telephonic appearance timing remains subject to this principle: The person appearing by telephone must remain available during the hearing and comply with the court's instructions. After master-calendar telephonic appearance, counsel should identify the hearing posture. Any dispute about master-calendar telephonic appearance should cite the controlling source. Appellate preservation for master-calendar telephonic appearance should describe the triggering fact.
Conditions
master-calendar telephonic appearance conditions begins with this rule: A telephonic appearance request is distinct from a request to waive appearance entirely. For master-calendar telephonic appearance, counsel should update the court if facts change. The master-calendar telephonic appearance presentation should confirm the ruling on the record. A master-calendar telephonic appearance motion should make a focused proffer.
master-calendar telephonic appearance conditions also reflects this point: A practitioner permitted to appear by telephone does not thereby obtain a waiver of the respondent's attendance. In master-calendar telephonic appearance, the record should protect later appellate review. During master-calendar telephonic appearance, counsel should calendar the next obligation. The judge addressing master-calendar telephonic appearance should identify the hearing posture.
master-calendar telephonic appearance conditions remains subject to this principle: An Immigration Judge can permit a respondent or practitioner to appear by telephone at some master calendar hearings in appropriate circumstances. After master-calendar telephonic appearance, counsel should cite the controlling source. Any dispute about master-calendar telephonic appearance should describe the triggering fact. Appellate preservation for master-calendar telephonic appearance should attach the relevant record.
Merits Interaction
master-calendar telephonic appearance merits interaction begins with this rule: The request should identify the hearing date, explain the reason for telephone participation, and provide the telephone number required by current EOIR practice. For master-calendar telephonic appearance, counsel should confirm the ruling on the record. The master-calendar telephonic appearance presentation should make a focused proffer. A master-calendar telephonic appearance motion should protect later appellate review.
master-calendar telephonic appearance merits interaction also reflects this point: The person appearing by telephone must remain available during the hearing and comply with the court's instructions. In master-calendar telephonic appearance, the record should calendar the next obligation. During master-calendar telephonic appearance, counsel should identify the hearing posture. The judge addressing master-calendar telephonic appearance should cite the controlling source.
master-calendar telephonic appearance merits interaction remains subject to this principle: A telephonic appearance request is distinct from a request to waive appearance entirely. After master-calendar telephonic appearance, counsel should describe the triggering fact. Any dispute about master-calendar telephonic appearance should attach the relevant record. Appellate preservation for master-calendar telephonic appearance should state the requested ruling.
Appeal Preservation
master-calendar telephonic appearance appeal preservation begins with this rule: A practitioner permitted to appear by telephone does not thereby obtain a waiver of the respondent's attendance. For master-calendar telephonic appearance, counsel should make a focused proffer. The master-calendar telephonic appearance presentation should protect later appellate review. A master-calendar telephonic appearance motion should calendar the next obligation.
master-calendar telephonic appearance appeal preservation also reflects this point: An Immigration Judge can permit a respondent or practitioner to appear by telephone at some master calendar hearings in appropriate circumstances. In master-calendar telephonic appearance, the record should identify the hearing posture. During master-calendar telephonic appearance, counsel should cite the controlling source. The judge addressing master-calendar telephonic appearance should describe the triggering fact.
master-calendar telephonic appearance appeal preservation remains subject to this principle: The request should identify the hearing date, explain the reason for telephone participation, and provide the telephone number required by current EOIR practice. After master-calendar telephonic appearance, counsel should attach the relevant record. Any dispute about master-calendar telephonic appearance should state the requested ruling. Appellate preservation for master-calendar telephonic appearance should preserve a timely objection.
Checklist
master-calendar telephonic appearance checklist begins with this rule: The person appearing by telephone must remain available during the hearing and comply with the court's instructions. For master-calendar telephonic appearance, counsel should protect later appellate review. The master-calendar telephonic appearance presentation should calendar the next obligation. A master-calendar telephonic appearance motion should identify the hearing posture.
master-calendar telephonic appearance checklist also reflects this point: A telephonic appearance request is distinct from a request to waive appearance entirely. In master-calendar telephonic appearance, the record should cite the controlling source. During master-calendar telephonic appearance, counsel should describe the triggering fact. The judge addressing master-calendar telephonic appearance should attach the relevant record.
master-calendar telephonic appearance checklist remains subject to this principle: A practitioner permitted to appear by telephone does not thereby obtain a waiver of the respondent's attendance. After master-calendar telephonic appearance, counsel should state the requested ruling. Any dispute about master-calendar telephonic appearance should preserve a timely objection. Appellate preservation for master-calendar telephonic appearance should explain the practical prejudice.
Primary Legal Authorities and Sources
- 8 U.S.C. §1229a Current removal-proceeding statute.
- 8 C.F.R. §1003.25 Current appearance-waiver and hearing-format regulation.
- EOIR ICPM 3.14 Current master-calendar guidance.
- EOIR ICPM 3.15 Current individual-hearing guidance.
- 8 C.F.R. §1240.10 Current hearing regulation.
- 8 C.F.R. §1003.17 Current representation regulation.
Frequently Asked Questions
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