At which hearing stage is the determination of removability primarily addressed?

The determination of removability is primarily addressed during the merits hearing. This stage focuses on the substantive issues in a case, including whether the individual is removable from the United States based on the facts and evidence presented. The merits hearing provides an opportunity for the respondent to defend against the removal charges, present evidence, and testify.

During this hearing, the immigration judge evaluates the facts of the case and applies the relevant law to determine if the respondent meets the criteria for removal or if any forms of relief from removal are available. Thus, the focus on removability makes the merits hearing the critical stage for addressing whether an individual can stay in the country or must be removed.

In contrast, other stages such as the bond hearing are primarily concerned with the issues of custody and whether the respondent should be released on bond, while the master calendar hearing serves as a procedural setting to set dates and streamline the case, without delving deeply into the substantive grounds for removability. The final hearing is typically focused on the conclusion of the case and may hinge on the findings from earlier hearings rather than being the initial focus for removability determinations.