Written Pleadings to the Notice to Appear (Master Calendar)

WRITTEN PLEADINGS TO THE NOTICE TO APPEAR

Respondent's Master Calendar Pleadings

UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT — [________________________________]

Master Calendar Hearing: [__/__/____] at [____]
Immigration Judge: Hon. [________________________________]
Date Filed: [__/__/____]

RESPONDENT'S WRITTEN PLEADINGS

TO THE HONORABLE IMMIGRATION JUDGE:

Respondent, [________________________________] ("Respondent"), through undersigned counsel, submits the following written pleadings in response to the Notice to Appear ("NTA") dated [__/__/____], pursuant to 8 C.F.R. § 1240.10. Counsel has entered an appearance via Form EOIR-28.

I. PRELIMINARY MATTERS

1. Receipt and Review of NTA. Respondent ☐ acknowledges receipt of the NTA / ☐ contests proper service of the NTA. Counsel has reviewed the NTA with Respondent in a language Respondent understands ([________________________________]).

2. Reservation of Defenses. Respondent reserves all defenses, including but not limited to:
   ☐ A challenge to the sufficiency or service of the NTA under INA § 239(a) (Pereira v. Sessions, 138 S. Ct. 2105 (2018); Niz-Chavez v. Garland, 141 S. Ct. 1474 (2021)) — see Section V;
   ☐ A claim of U.S. citizenship or nationality (which, if made prima facie, shifts the burden to DHS to prove alienage, INA § 240(c)(2));
   ☐ A motion to suppress / motion to terminate / motion to dismiss to be filed separately;
   ☐ Other: [________________________________].

3. Right to Counsel / Continuance. ☐ Respondent is represented as of this filing. ☐ Respondent requests a continuance to obtain counsel (if pleading pro se at this stage).

II. PLEADINGS TO THE FACTUAL ALLEGATIONS

Respondent responds to each numbered factual allegation of the NTA as follows. (Track the NTA's exact numbering; add or delete rows to match.)

Explanations / qualified responses (by allegation number):
[________________________________]
[________________________________]

III. PLEADINGS TO THE CHARGE(S) OF REMOVABILITY

The NTA charges Respondent as removable under the following provision(s). Respondent responds to each charge:

Basis for any denial / contest of removability:
☐ DHS cannot meet its burden of proving removability by clear and convincing evidence (INA § 240(c)(3)(A); 8 C.F.R. § 1240.8(a)).
☐ The conviction does not constitute the charged ground under the categorical / modified-categorical approach.
☐ The NTA is legally insufficient (see Section V).
☐ Respondent is a U.S. citizen / national.
☐ Other: [________________________________].

IV. DESIGNATION OF COUNTRY OF REMOVAL

Pursuant to 8 C.F.R. § 1240.10(c)–(d), as to the country of removal, Respondent:

☐ Declines to designate a country of removal and reserves the right to designate later (recommended where an asylum/withholding/CAT claim is contemplated, to avoid designating the country of feared harm);

☐ Designates [________________________________] as the country of removal; and/or

☐ Objects to removal to [________________________________] on the ground that Respondent fears persecution or torture there (preserving asylum, withholding, and CAT claims).

V. RESERVATION OF NTA / JURISDICTIONAL OBJECTIONS

(Include if applicable.)

Respondent objects to the sufficiency of the NTA and preserves the objection that the NTA failed to comply with INA § 239(a)(1) because it ☐ omitted the time of the initial hearing; ☐ omitted the place of the initial hearing; ☐ was not properly served. See Pereira v. Sessions, 138 S. Ct. 2105 (2018); Niz-Chavez v. Garland, 141 S. Ct. 1474 (2021). Respondent reserves the right to file a motion to terminate on this basis, subject to controlling circuit precedent. [verify controlling circuit NTA-defect precedent]

VI. RELIEF SOUGHT

Respondent intends to seek the following form(s) of relief and protection, and requests a scheduling order and any required biometrics/filing deadlines:

☐ Asylum (INA § 208) — Form I-589
☐ Withholding of Removal (INA § 241(b)(3)) — Form I-589
☐ Protection under the Convention Against Torture (8 C.F.R. §§ 1208.16–.18) — Form I-589
☐ Cancellation of Removal — LPR (INA § 240A(a))
☐ Cancellation of Removal — Non-LPR (INA § 240A(b)) — Form EOIR-42B
☐ Special Rule Cancellation (VAWA) (INA § 240A(b)(2)) — Form EOIR-42B
☐ Adjustment of Status (INA § 245) — Form I-485 [with underlying petition: ____________]
☐ Waiver (INA § [____________]) — Form [____________]
☐ Voluntary Departure (INA § 240B) — ☐ pre-conclusion ☐ at conclusion
☐ Termination / Administrative Closure (separate motion to follow)
☐ Other: [________________________________]

Anticipated filing date for relief application(s): [__/__/____]
Estimated length of individual hearing: [____] hours. Interpreter required: ☐ Yes — language [____________] ☐ No.

VII. SUMMARY OF PLEADINGS (FOR THE RECORD)

For the record, Respondent, through counsel, pleads as follows:

• Allegations: ☐ admits all / ☐ denies all / ☐ admits and denies as set forth in Section II.
• Charge(s): ☐ concedes / ☐ denies and contests removability as set forth in Section III.
• Country of removal: ☐ declines to designate / ☐ designates [________________________________] / ☐ objects as set forth in Section IV.
• Relief sought: as set forth in Section VI.

Respectfully submitted,

___________________________________ Date: [__/__/____]
[Attorney Name], Esq.
Counsel for Respondent
[Firm / Organization] | EOIR ID: [____________]
[Address] | [Telephone] | [Email]
State Bar No.: [____________]

VIII. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Written Pleadings to the Notice to Appear was served on the Office of the Principal Legal Advisor (OPLA) / Office of Chief Counsel, U.S. Immigration and Customs Enforcement, at [________________________________], by the method indicated:

☐ EOIR Courts & Appeals System (ECAS)
☐ Hand delivery
☐ First-class U.S. mail, postage prepaid
☐ Other: [________________________________]

___________________________________
[Attorney Name] — Counsel for Respondent
Date: [__/__/____]

IX. PRACTITIONER NOTES

1. Pleadings can be binding. A counseled admission or concession of removability is generally binding and relieves DHS of its burden. See Matter of Velasquez, 19 I&N Dec. 377 (BIA 1986). Do not concede where a colorable defense exists.

2. Put DHS to its proof when in doubt. If alienage, a conviction, or a charged ground is contestable, deny and require DHS to meet its clear-and-convincing burden (INA § 240(c)(3)(A)).

3. Protect the asylum claim. Decline to designate, or object to, the country of feared harm where asylum/withholding/CAT relief is contemplated.

4. Preserve NTA objections early. Many circuits treat the NTA time/place requirement as a non-jurisdictional, claim-processing rule subject to timely objection; preserve the objection now to avoid forfeiture. [verify circuit law]

5. One-year asylum deadline. Note the INA § 208(a)(2)(B) one-year filing deadline and any exception; calendar the I-589 filing.

6. Local practice. Confirm whether the court accepts written pleadings in lieu of oral pleadings, and any standing-order requirements, in the EOIR Immigration Court Practice Manual and local operating procedures.

SOURCES & REFERENCES

Statutes and Regulations

• INA § 239(a), 8 U.S.C. § 1229(a) — Notice to Appear
• INA § 240(c)(2)–(3), 8 U.S.C. § 1229a(c)(2)–(3) — burden of proof
• 8 C.F.R. § 1240.8(a) — burden of proof
• 8 C.F.R. § 1240.10(c)–(d) — pleadings; designation of country
• 8 C.F.R. § 1240.11 — applications for relief

Case Law

• Pereira v. Sessions, 138 S. Ct. 2105 (2018)
• Niz-Chavez v. Garland, 141 S. Ct. 1474 (2021)
• Matter of Velasquez, 19 I&N Dec. 377 (BIA 1986) — binding effect of counseled admissions

Practice Resources

• EOIR Immigration Court Practice Manual, Ch. 4 (Hearings) — current edition
• Forms: EOIR-28, I-589, EOIR-42A/42B, I-485

This template is provided for informational purposes only and does not constitute legal advice. Pleading decisions have binding consequences and must be made by qualified counsel based on the specific charges and record. No attorney-client relationship is created by use of this template.