Individual Hearing (Merits Hearing)
An individual hearing, also called a merits hearing, is the full evidentiary hearing in immigration court where the substance of a respondent's case is decided. This is the trial-like proceeding where the immigration judge hears testimony, considers documentary evidence, and ultimately decides whether to grant relief or order removal.
Individual hearings are distinguished from master calendar hearings, which are brief procedural appearances for scheduling and preliminary matters. While a master calendar hearing might last only a few minutes, an individual hearing can last several hours or even span multiple days for complex cases.
During an individual hearing, the respondent (or their attorney) presents their case for relief. This may include the respondent's own testimony about their experiences, testimony from expert witnesses (such as country conditions experts or psychologists), and documentary evidence such as country reports, medical records, personal declarations, and supporting affidavits. The ICE trial attorney cross-examines witnesses and may present the government's evidence.
The immigration judge evaluates the credibility of the respondent's testimony, applies the relevant legal standards, and issues a decision — either orally from the bench at the conclusion of the hearing or in a written decision issued later. The judge may grant some form of relief (asylum, cancellation of removal, etc.), deny all relief and order removal, or grant voluntary departure.
Preparation for an individual hearing is intensive and is a primary reason why legal representation is so critical. Attorneys help clients compile evidence, prepare testimony, identify legal arguments, and present their case in a structured manner. Unrepresented respondents often struggle to navigate the complex evidentiary and procedural requirements, significantly reducing their chances of a favorable outcome.
Wait times for individual hearings have grown substantially, with some courts scheduling merits hearings 4-6 years after the initial master calendar hearing.
Related Terms
Master Calendar Hearing
A short procedural hearing — typically a few minutes — where the judge confirms the charges, takes pleadings, sets future hearing dates, and addresses preliminary matters. Multiple cases are scheduled in the same block.
IJ (Immigration Judge)
A DOJ attorney appointed to preside over immigration court proceedings. Immigration judges are not Article III judges — they are employees of the executive branch (DOJ), which critics argue compromises judicial independence.
Grant of Relief
A favorable decision where the immigration judge allows the respondent to remain in the U.S. This includes asylum grants, cancellation of removal, adjustment of status, withholding of removal, and other forms of protection.
Removal Order
A judge's order requiring a person to leave the United States. Can be executed by ICE immediately (for detained individuals) or at a later date. A removal order carries a bar on future re-entry (typically 10 years).
Respondent
The person facing removal proceedings in immigration court — equivalent to a "defendant" in criminal court. Immigration court uses civil, not criminal, terminology.