How-To Guide for Immigrants Representing Themselves in Immigration Court and Facing Pretermission

Here’s a clear, straightforward guide for immigrants who are representing themselves (“pro se”) in immigration court proceedings. It explains how to avoid having their asylum application dismissed without a hearing (“pretermission”) and how to prevent judges from conducting evidentiary hearings unexpectedly during Master Calendar Hearings.

Step 1: Understand the Terms

• Pretermission means the judge dismisses your asylum application without letting you testify or present evidence.
• Master Calendar Hearing (MCH) is your first court date, primarily for scheduling and procedural matters. It’s not supposed to involve your full asylum testimony or detailed evidence.

Step 2: Clearly Request a Full Hearing

• In writing and orally, always clearly tell the judge: “I request a full evidentiary hearing on my asylum claim, with the chance to testify under oath and present evidence.”
• File the provided motion (Respondent’s Motion Against Pretermission) before or after filing your asylum application (Form I-589).

Step 3: If a Judge Tries to Deny Your Case Without a Hearing

• Politely but firmly say: “Judge, under the case Matter of Fefe, I have the right to testify orally under oath before my asylum application is decided. I respectfully request that you schedule a full evidentiary hearing.”

Step 4: If a Judge Attempts an Evidentiary Hearing at Your First Hearing (Master Calendar)

• Immediately say to the judge: “Judge, I respectfully object to conducting an evidentiary hearing today because I have not received proper notice or an opportunity to prepare evidence or witnesses. According to the rules, this Master Calendar Hearing is not the correct time for testimony or evidence. I respectfully request you set a separate Individual Hearing date.”

Step 5: Cite Your Legal Rights (if needed)

• You can politely remind the court of these important legal points:
  • Matter of Fefe (20 I&N Dec. 116): Guarantees your right to testify orally.
  • 8 C.F.R. § 1240.11(c)(3)(iii): Clearly states you have a right to testify under oath and present evidence.
  • Fifth Amendment (Due Process): Ensures your right to fair notice and time to prepare your case.
  • INA § 240(b)(4)(B) (8 U.S.C. § 1229a(b)(4)(B)): Guarantees your right to present evidence.

Step 6: Always Keep Copies

• Keep copies of everything you file with the court.
• Bring these documents to each hearing.

Step 7: Be Respectful but Firm in Court

• Always speak politely and calmly.
• Clearly repeat your rights if they are being overlooked or ignored.

Summary of What to Say in Court:

By clearly stating your rights and respectfully asserting them, you protect your chance to present your case fully.

If you need more help, feel free to ask!

Here’s a free motion you can file in court on this subject: