Immigration Process: The Individual Hearing

Another type of hearing that occurs in the immigration process is the Individual Hearing.

Assuming that the alien’s case is not resolved at a Master Calendar Hearing (e.g., because the alien admits the veracity of the charges in the Notice To Appear), the immigration court will schedule an Individual Hearing.  These hearings are similar, but not identical, to trials in a civil or criminal proceeding.  The parties to the proceeding are the alien and ICE.  An IJ presides over the proceeding.  After confirming that the alien’s name and A-Number are correct, the IJ verifies that ICE has served the Notice To Appear (NTA) on the alien.  If the alien had not already pleaded to the charges in the NTA, the IJ has the alien do so.  I.e., the alien must either admit or deny each factual allegation in the NTA, and then concede or deny deportability.  The IJ also permits the alien to designate the country to which he/she wishes to be sent should the proceeding result in an order of removal.