Skip to main content

EOIR Director creates master calendar rules specifically for non-detained, represented cases

  1. Original Date Announced

    December 1, 2020

    Via Policy Memo 21-05, the EOIR Director revises the rules for master calendar hearings, specifically for respondents who are not detained and are represented.

    Observing that most respondents in this group do not contest removability and that EOIR no longer requires applications for relief to be filed in court, the Director mandates that, in cases where a Form EOIR-28 is filed at least 15 days before the master calendar hearing, the hearing will be vacated. In lieu of the master calendar hearing, a scheduling order will be issued and will include deadlines for any written pleadings, evidence, and applications for relief. The parties will be given at least 45 days from the date of the vacated hearing to submit their filings (though the specific deadlines remain subject to the immigration judge’s discretion). Once filings have been completed, the immigration judge may proceed to issue an order or schedule the case for a merits hearing.

    For non-detained, represented cases where the Form EOIR-28 is filed in less than 15 days of the master calendar hearing, the hearing will proceed as scheduled.

    In recognition of the “opportunities for gamesmanship,” the memo warns that efforts to deceive the immigration judge about a respondent’s representation may constitute grounds for disciplinary action.

    [ID# 1203]

    Enhanced Case Flow Processing in Removal Proceedings
  2. Effective Date

    December 1, 2020
  3.  
  4. Biden Administration Action: Revoked/Replaced

    April 2, 2021

    Policy Memo 21-17: Rescind and Cancel Policy Memorandum 21-05

    This Biden administration policy revokes the Trump-era policy identified in this entry.

    On April 2, 2021, the EOIR Acting Director issued Policy Memo 21-17, rescinding Policy Memo 21-05.

    View Document
  5. Biden Administration Action: Modified

    April 2, 2021

    Policy Memo 21-18: Revised Case Flow Processing Before The Immigration Courts

    This Biden administration policy modifies the Trump-era policy identified in this entry.

    On April 2, 2021, the Chief Immigration Judge issued Policy Memo 21-18 on case flow processing, reinstating but relaxing some of the procedural changes made by Policy Memo 21-05 (e.g., allowing for written pleadings in lieu of a master calendar hearing but not requiring applications for relief to be filed up front).

    View Document

Current Status

Partially in effect
April 2, 2021
Acted on by Biden Administration
April 2, 2021
Acted on by Biden Administration

Original Trump Policy Status

Status: Final/Actual
Trump Administration Actions: Agency Directive Change in Practice
Subject Matter: Hearings and Adjudications
Agencies Affected: EOIR

We require registration to leave feedback. You may either:

  • Sign in with your current user name and password.

  • Register if you don't have a user name and password.