Immigration Judge George Katsivalis cleared the court following a defense request for privacy and ordered the continuation of the master calendar hearing for Sept. 13, a spokeswoman for the Justice Department’s Executive Office for Immigration Review said.
In Monday’s brief session, the judge explained to Bolante via video conference what his rights were. Bolante is being held at the Broadview immigration detention center near Chicago.
A preliminary hearing in immigration cases is called a "master calendar hearing" during which a defendant responds to allegations contained in the charging document and designates a country of removal in case he or she loses the case, immigration lawyers said.
The defendant also indicates all relief applications to be made, if any, and submits any motions for subpoenas.
Immigration lawyers said both parties would have to state the estimated time needed to present the case and request, and if needed, the presence of an interpreter.
Bolante is battling to stay away from the Philippines where he is wanted by the Senate for allegations that he used some P2.8 billion in fertilizer funds to reward politicians who helped President Arroyo win the hotly contested 2004 presidential election.
He was arrested on arrival at Los Angeles airport from Seoul, Korea on July 7 for entering the US with an invalid tourist visa, leading to speculation he came to seek political asylum.
US Immigration and Customs Enforcement (ICE) and Justice Department officials have declined to confirm or deny such reports.
Bolante was transferred to Broadview after he requested a change of venue to Chicago, where he is believed to have relatives. The request was made when he appeared before Immigration Judge DD Sitgraves in Los Angeles during his first preliminary hearing on July 31.