Waiving Counsel's Appearance at a Master Calendar Hearing
A practitioner of record ordinarily remains responsible for appearing at a scheduled master calendar hearing unless the Immigration Judge grants a separate counsel-attendance waiver. This page explains current Immigration Court procedure and preservation.
A practitioner of record ordinarily remains responsible for appearing at a scheduled master calendar hearing unless the Immigration Judge grants a separate counsel-attendance waiver. Current EOIR practice requires a written counsel-waiver motion filed together with written pleadings for the master calendar hearing. Excusing counsel does not excuse the respondent, and respondent attendance must be addressed through its own request and ruling.
Core Rule
written-pleading counsel attendance waiver core rule begins with this rule: A practitioner of record ordinarily remains responsible for appearing at a scheduled master calendar hearing unless the Immigration Judge grants a separate counsel-attendance waiver. For written-pleading counsel attendance waiver, counsel should protect later appellate review. The written-pleading counsel attendance waiver presentation should calendar the next obligation. A written-pleading counsel attendance waiver motion should identify the hearing posture.
written-pleading counsel attendance waiver core rule also reflects this point: Excusing counsel does not excuse the respondent, and respondent attendance must be addressed through its own request and ruling. In written-pleading counsel attendance waiver, the record should cite the controlling source. During written-pleading counsel attendance waiver, counsel should describe the triggering fact. The judge addressing written-pleading counsel attendance waiver should attach the relevant record.
written-pleading counsel attendance waiver core rule remains subject to this principle: The motion should explain why counsel's presence is unnecessary after the written pleadings have supplied the matters the court needs to address. After written-pleading counsel attendance waiver, counsel should state the requested ruling. Any dispute about written-pleading counsel attendance waiver should preserve a timely objection. Appellate preservation for written-pleading counsel attendance waiver should explain the practical prejudice.
Authority
written-pleading counsel attendance waiver authority begins with this rule: Current EOIR practice requires a written counsel-waiver motion filed together with written pleadings for the master calendar hearing. For written-pleading counsel attendance waiver, counsel should calendar the next obligation. The written-pleading counsel attendance waiver presentation should identify the hearing posture. A written-pleading counsel attendance waiver motion should cite the controlling source.
written-pleading counsel attendance waiver authority also reflects this point: Until the written counsel-waiver request is granted, counsel remains obligated to attend the scheduled hearing. In written-pleading counsel attendance waiver, the record should describe the triggering fact. During written-pleading counsel attendance waiver, counsel should attach the relevant record. The judge addressing written-pleading counsel attendance waiver should state the requested ruling.
written-pleading counsel attendance waiver authority remains subject to this principle: A practitioner of record ordinarily remains responsible for appearing at a scheduled master calendar hearing unless the Immigration Judge grants a separate counsel-attendance waiver. After written-pleading counsel attendance waiver, counsel should preserve a timely objection. Any dispute about written-pleading counsel attendance waiver should explain the practical prejudice. Appellate preservation for written-pleading counsel attendance waiver should separate procedure from merits.
Trigger
written-pleading counsel attendance waiver trigger begins with this rule: Excusing counsel does not excuse the respondent, and respondent attendance must be addressed through its own request and ruling. For written-pleading counsel attendance waiver, counsel should identify the hearing posture. The written-pleading counsel attendance waiver presentation should cite the controlling source. A written-pleading counsel attendance waiver motion should describe the triggering fact.
written-pleading counsel attendance waiver trigger also reflects this point: The motion should explain why counsel's presence is unnecessary after the written pleadings have supplied the matters the court needs to address. In written-pleading counsel attendance waiver, the record should attach the relevant record. During written-pleading counsel attendance waiver, counsel should state the requested ruling. The judge addressing written-pleading counsel attendance waiver should preserve a timely objection.
written-pleading counsel attendance waiver trigger remains subject to this principle: Current EOIR practice requires a written counsel-waiver motion filed together with written pleadings for the master calendar hearing. After written-pleading counsel attendance waiver, counsel should explain the practical prejudice. Any dispute about written-pleading counsel attendance waiver should separate procedure from merits. Appellate preservation for written-pleading counsel attendance waiver should address the opposing position.
Record
written-pleading counsel attendance waiver record begins with this rule: Until the written counsel-waiver request is granted, counsel remains obligated to attend the scheduled hearing. For written-pleading counsel attendance waiver, counsel should cite the controlling source. The written-pleading counsel attendance waiver presentation should describe the triggering fact. A written-pleading counsel attendance waiver motion should attach the relevant record.
written-pleading counsel attendance waiver record also reflects this point: A practitioner of record ordinarily remains responsible for appearing at a scheduled master calendar hearing unless the Immigration Judge grants a separate counsel-attendance waiver. In written-pleading counsel attendance waiver, the record should state the requested ruling. During written-pleading counsel attendance waiver, counsel should preserve a timely objection. The judge addressing written-pleading counsel attendance waiver should explain the practical prejudice.
written-pleading counsel attendance waiver record remains subject to this principle: Excusing counsel does not excuse the respondent, and respondent attendance must be addressed through its own request and ruling. After written-pleading counsel attendance waiver, counsel should separate procedure from merits. Any dispute about written-pleading counsel attendance waiver should address the opposing position. Appellate preservation for written-pleading counsel attendance waiver should request an express finding.
Evidence
written-pleading counsel attendance waiver evidence begins with this rule: The motion should explain why counsel's presence is unnecessary after the written pleadings have supplied the matters the court needs to address. For written-pleading counsel attendance waiver, counsel should describe the triggering fact. The written-pleading counsel attendance waiver presentation should attach the relevant record. A written-pleading counsel attendance waiver motion should state the requested ruling.
written-pleading counsel attendance waiver evidence also reflects this point: Current EOIR practice requires a written counsel-waiver motion filed together with written pleadings for the master calendar hearing. In written-pleading counsel attendance waiver, the record should preserve a timely objection. During written-pleading counsel attendance waiver, counsel should explain the practical prejudice. The judge addressing written-pleading counsel attendance waiver should separate procedure from merits.
written-pleading counsel attendance waiver evidence remains subject to this principle: Until the written counsel-waiver request is granted, counsel remains obligated to attend the scheduled hearing. After written-pleading counsel attendance waiver, counsel should address the opposing position. Any dispute about written-pleading counsel attendance waiver should request an express finding. Appellate preservation for written-pleading counsel attendance waiver should update the court if facts change.
Hearing Procedure
written-pleading counsel attendance waiver hearing procedure begins with this rule: A practitioner of record ordinarily remains responsible for appearing at a scheduled master calendar hearing unless the Immigration Judge grants a separate counsel-attendance waiver. For written-pleading counsel attendance waiver, counsel should attach the relevant record. The written-pleading counsel attendance waiver presentation should state the requested ruling. A written-pleading counsel attendance waiver motion should preserve a timely objection.
written-pleading counsel attendance waiver hearing procedure also reflects this point: Excusing counsel does not excuse the respondent, and respondent attendance must be addressed through its own request and ruling. In written-pleading counsel attendance waiver, the record should explain the practical prejudice. During written-pleading counsel attendance waiver, counsel should separate procedure from merits. The judge addressing written-pleading counsel attendance waiver should address the opposing position.
written-pleading counsel attendance waiver hearing procedure remains subject to this principle: The motion should explain why counsel's presence is unnecessary after the written pleadings have supplied the matters the court needs to address. After written-pleading counsel attendance waiver, counsel should request an express finding. Any dispute about written-pleading counsel attendance waiver should update the court if facts change. Appellate preservation for written-pleading counsel attendance waiver should confirm the ruling on the record.
Judge Findings
written-pleading counsel attendance waiver judge findings begins with this rule: Current EOIR practice requires a written counsel-waiver motion filed together with written pleadings for the master calendar hearing. For written-pleading counsel attendance waiver, counsel should state the requested ruling. The written-pleading counsel attendance waiver presentation should preserve a timely objection. A written-pleading counsel attendance waiver motion should explain the practical prejudice.
written-pleading counsel attendance waiver judge findings also reflects this point: Until the written counsel-waiver request is granted, counsel remains obligated to attend the scheduled hearing. In written-pleading counsel attendance waiver, the record should separate procedure from merits. During written-pleading counsel attendance waiver, counsel should address the opposing position. The judge addressing written-pleading counsel attendance waiver should request an express finding.
written-pleading counsel attendance waiver judge findings remains subject to this principle: A practitioner of record ordinarily remains responsible for appearing at a scheduled master calendar hearing unless the Immigration Judge grants a separate counsel-attendance waiver. After written-pleading counsel attendance waiver, counsel should update the court if facts change. Any dispute about written-pleading counsel attendance waiver should confirm the ruling on the record. Appellate preservation for written-pleading counsel attendance waiver should make a focused proffer.
Respondent Position
written-pleading counsel attendance waiver respondent position begins with this rule: Excusing counsel does not excuse the respondent, and respondent attendance must be addressed through its own request and ruling. For written-pleading counsel attendance waiver, counsel should preserve a timely objection. The written-pleading counsel attendance waiver presentation should explain the practical prejudice. A written-pleading counsel attendance waiver motion should separate procedure from merits.
written-pleading counsel attendance waiver respondent position also reflects this point: The motion should explain why counsel's presence is unnecessary after the written pleadings have supplied the matters the court needs to address. In written-pleading counsel attendance waiver, the record should address the opposing position. During written-pleading counsel attendance waiver, counsel should request an express finding. The judge addressing written-pleading counsel attendance waiver should update the court if facts change.
written-pleading counsel attendance waiver respondent position remains subject to this principle: Current EOIR practice requires a written counsel-waiver motion filed together with written pleadings for the master calendar hearing. After written-pleading counsel attendance waiver, counsel should confirm the ruling on the record. Any dispute about written-pleading counsel attendance waiver should make a focused proffer. Appellate preservation for written-pleading counsel attendance waiver should protect later appellate review.
DHS Position
written-pleading counsel attendance waiver dhs position begins with this rule: Until the written counsel-waiver request is granted, counsel remains obligated to attend the scheduled hearing. For written-pleading counsel attendance waiver, counsel should explain the practical prejudice. The written-pleading counsel attendance waiver presentation should separate procedure from merits. A written-pleading counsel attendance waiver motion should address the opposing position.
written-pleading counsel attendance waiver dhs position also reflects this point: A practitioner of record ordinarily remains responsible for appearing at a scheduled master calendar hearing unless the Immigration Judge grants a separate counsel-attendance waiver. In written-pleading counsel attendance waiver, the record should request an express finding. During written-pleading counsel attendance waiver, counsel should update the court if facts change. The judge addressing written-pleading counsel attendance waiver should confirm the ruling on the record.
written-pleading counsel attendance waiver dhs position remains subject to this principle: Excusing counsel does not excuse the respondent, and respondent attendance must be addressed through its own request and ruling. After written-pleading counsel attendance waiver, counsel should make a focused proffer. Any dispute about written-pleading counsel attendance waiver should protect later appellate review. Appellate preservation for written-pleading counsel attendance waiver should calendar the next obligation.
Counsel Strategy
written-pleading counsel attendance waiver counsel strategy begins with this rule: The motion should explain why counsel's presence is unnecessary after the written pleadings have supplied the matters the court needs to address. For written-pleading counsel attendance waiver, counsel should separate procedure from merits. The written-pleading counsel attendance waiver presentation should address the opposing position. A written-pleading counsel attendance waiver motion should request an express finding.
written-pleading counsel attendance waiver counsel strategy also reflects this point: Current EOIR practice requires a written counsel-waiver motion filed together with written pleadings for the master calendar hearing. In written-pleading counsel attendance waiver, the record should update the court if facts change. During written-pleading counsel attendance waiver, counsel should confirm the ruling on the record. The judge addressing written-pleading counsel attendance waiver should make a focused proffer.
written-pleading counsel attendance waiver counsel strategy remains subject to this principle: Until the written counsel-waiver request is granted, counsel remains obligated to attend the scheduled hearing. After written-pleading counsel attendance waiver, counsel should protect later appellate review. Any dispute about written-pleading counsel attendance waiver should calendar the next obligation. Appellate preservation for written-pleading counsel attendance waiver should identify the hearing posture.
Timing
written-pleading counsel attendance waiver timing begins with this rule: A practitioner of record ordinarily remains responsible for appearing at a scheduled master calendar hearing unless the Immigration Judge grants a separate counsel-attendance waiver. For written-pleading counsel attendance waiver, counsel should address the opposing position. The written-pleading counsel attendance waiver presentation should request an express finding. A written-pleading counsel attendance waiver motion should update the court if facts change.
written-pleading counsel attendance waiver timing also reflects this point: Excusing counsel does not excuse the respondent, and respondent attendance must be addressed through its own request and ruling. In written-pleading counsel attendance waiver, the record should confirm the ruling on the record. During written-pleading counsel attendance waiver, counsel should make a focused proffer. The judge addressing written-pleading counsel attendance waiver should protect later appellate review.
written-pleading counsel attendance waiver timing remains subject to this principle: The motion should explain why counsel's presence is unnecessary after the written pleadings have supplied the matters the court needs to address. After written-pleading counsel attendance waiver, counsel should calendar the next obligation. Any dispute about written-pleading counsel attendance waiver should identify the hearing posture. Appellate preservation for written-pleading counsel attendance waiver should cite the controlling source.
Conditions
written-pleading counsel attendance waiver conditions begins with this rule: Current EOIR practice requires a written counsel-waiver motion filed together with written pleadings for the master calendar hearing. For written-pleading counsel attendance waiver, counsel should request an express finding. The written-pleading counsel attendance waiver presentation should update the court if facts change. A written-pleading counsel attendance waiver motion should confirm the ruling on the record.
written-pleading counsel attendance waiver conditions also reflects this point: Until the written counsel-waiver request is granted, counsel remains obligated to attend the scheduled hearing. In written-pleading counsel attendance waiver, the record should make a focused proffer. During written-pleading counsel attendance waiver, counsel should protect later appellate review. The judge addressing written-pleading counsel attendance waiver should calendar the next obligation.
written-pleading counsel attendance waiver conditions remains subject to this principle: A practitioner of record ordinarily remains responsible for appearing at a scheduled master calendar hearing unless the Immigration Judge grants a separate counsel-attendance waiver. After written-pleading counsel attendance waiver, counsel should identify the hearing posture. Any dispute about written-pleading counsel attendance waiver should cite the controlling source. Appellate preservation for written-pleading counsel attendance waiver should describe the triggering fact.
Merits Interaction
written-pleading counsel attendance waiver merits interaction begins with this rule: Excusing counsel does not excuse the respondent, and respondent attendance must be addressed through its own request and ruling. For written-pleading counsel attendance waiver, counsel should update the court if facts change. The written-pleading counsel attendance waiver presentation should confirm the ruling on the record. A written-pleading counsel attendance waiver motion should make a focused proffer.
written-pleading counsel attendance waiver merits interaction also reflects this point: The motion should explain why counsel's presence is unnecessary after the written pleadings have supplied the matters the court needs to address. In written-pleading counsel attendance waiver, the record should protect later appellate review. During written-pleading counsel attendance waiver, counsel should calendar the next obligation. The judge addressing written-pleading counsel attendance waiver should identify the hearing posture.
written-pleading counsel attendance waiver merits interaction remains subject to this principle: Current EOIR practice requires a written counsel-waiver motion filed together with written pleadings for the master calendar hearing. After written-pleading counsel attendance waiver, counsel should cite the controlling source. Any dispute about written-pleading counsel attendance waiver should describe the triggering fact. Appellate preservation for written-pleading counsel attendance waiver should attach the relevant record.
Appeal Preservation
written-pleading counsel attendance waiver appeal preservation begins with this rule: Until the written counsel-waiver request is granted, counsel remains obligated to attend the scheduled hearing. For written-pleading counsel attendance waiver, counsel should confirm the ruling on the record. The written-pleading counsel attendance waiver presentation should make a focused proffer. A written-pleading counsel attendance waiver motion should protect later appellate review.
written-pleading counsel attendance waiver appeal preservation also reflects this point: A practitioner of record ordinarily remains responsible for appearing at a scheduled master calendar hearing unless the Immigration Judge grants a separate counsel-attendance waiver. In written-pleading counsel attendance waiver, the record should calendar the next obligation. During written-pleading counsel attendance waiver, counsel should identify the hearing posture. The judge addressing written-pleading counsel attendance waiver should cite the controlling source.
written-pleading counsel attendance waiver appeal preservation remains subject to this principle: Excusing counsel does not excuse the respondent, and respondent attendance must be addressed through its own request and ruling. After written-pleading counsel attendance waiver, counsel should describe the triggering fact. Any dispute about written-pleading counsel attendance waiver should attach the relevant record. Appellate preservation for written-pleading counsel attendance waiver should state the requested ruling.
Checklist
written-pleading counsel attendance waiver checklist begins with this rule: The motion should explain why counsel's presence is unnecessary after the written pleadings have supplied the matters the court needs to address. For written-pleading counsel attendance waiver, counsel should make a focused proffer. The written-pleading counsel attendance waiver presentation should protect later appellate review. A written-pleading counsel attendance waiver motion should calendar the next obligation.
written-pleading counsel attendance waiver checklist also reflects this point: Current EOIR practice requires a written counsel-waiver motion filed together with written pleadings for the master calendar hearing. In written-pleading counsel attendance waiver, the record should identify the hearing posture. During written-pleading counsel attendance waiver, counsel should cite the controlling source. The judge addressing written-pleading counsel attendance waiver should describe the triggering fact.
written-pleading counsel attendance waiver checklist remains subject to this principle: Until the written counsel-waiver request is granted, counsel remains obligated to attend the scheduled hearing. After written-pleading counsel attendance waiver, counsel should attach the relevant record. Any dispute about written-pleading counsel attendance waiver should state the requested ruling. Appellate preservation for written-pleading counsel attendance waiver should preserve a timely objection.
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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