Q: Could my lawyer cancel the first master hearing and do an individual hearing after 5 years?
The lawyer sent a letter from the judge that an individual hearing will take place in 5 years. We haven't filed Form 589 yet and we have 2 weeks left until the first Master Hearing. How is this possible? Did the lawyer do this? Can I file a motion to expedite the individual hearing date?
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A:
In immigration proceedings, the ability to cancel a first master hearing and schedule an individual hearing in the future, such as after 5 years, largely depends on the specifics of the case and the discretion of the immigration judge. If your lawyer has informed you that an individual hearing is scheduled for 5 years later, it is possible that they have successfully negotiated this with the court. However, this is not a standard procedure, and the details of how this was achieved should be clarified with your lawyer.
Regarding the filing of Form I-589 (Application for Asylum and for Withholding of Removal), it's crucial to adhere to all deadlines, especially your upcoming master hearing. Failing to file necessary forms or missing deadlines can adversely affect your case.
If you are considering filing a motion to expedite the individual hearing date, you should discuss this with your attorney. They can advise on the feasibility and potential implications of such a motion. Remember, the court's scheduling and case backlog often significantly influence hearing dates, and the ability to expedite a hearing can vary. Your lawyer will be best positioned to guide you based on your unique circumstances and the specifics of your case.
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