u.s. Department of Justice
Executive Office for Immigration Review

Office ofthe ChiefImmigration Judge
January 2008
5107 Leesburg Pike, Suite 2500
Falls Church, Virginia 22041

The Immigration Court Practice Manual
In 2006, the Attorney General instructed the Director ofthe Executive Office for Immigration
Review, in consultation with the Immigration Judges, to issue a practice manual for the parties who
appear before the Immigration Courts. This directive arose out of the public's desire for greater
uniformity in Immigration Court procedures and a call for the Immigration Courts to implement
their "best practices" nationwide.
Accordingly, the Office of the Chief Immigration Judge is pleased to announce the release
of the Immigration Court Practice Manual. The Practice Manual is a comprehensive guide that sets
forth uniform procedures, recommendations, and requirements for practice before the Immigration
Courts. The requirements set forth in this manual are binding on the parties who appear before the
Immigration Courts, unless the Immigration Judge directs otherwise in a particular case. The
Practice Manual does not limit the discretion of Immigration Judges to act in accordance with law
and regulation.
In order to provide the public an opportunity to become familiar with the Immigration Court
Practice Manual, it will not go into effect until April 1, 2008. Beginning on that date, Local
Operating Procedures will no longer be used, and parties will be expected to follow the Practice
Manual.
The Immigration Court Practice Manual has been printed in looseleaf format to allow for
easy revision and updating by the user through the Internet. The Practice Manual is intended to be
a "living document," and the Office of the Chief Immigration Judge will update it in response to
changes in law and policy, as well as in response to comments by the parties using it. We welcome
suggestions and encourage the public to provide comments, to identify errors or ambiguities in the
text, and to propose revisions. Information regarding where to send your correspondence is included
in Chapter 13 of the Practice Manual.
Following this printing and distribution, the Office ofthe ChiefImmigration Judge will make
the Immigration Court Practice Manual available through the EOIR website at www.usdoj .gov/eoir.
We encourage you to share the Practice Manual with any individuals or organizations that may
benefit from it.

~-t:~~
Chief Immigration Judge

Immigration Court
Practice Manual

The Practice Manual has been assembled as a public service to parties appearing
before the Immigration Courts. This manual is not intended, in any way, to
substitute for a careful study of the pertinent laws and regulations. Readers are
advised to review Chapter 1.1 before consulting any information contained herein.
The Practice Manual is updated periodically. The legend at the bottom of each
page reflects the last revision date for that page. Updates to the Practice Manual
are available through the EOIR website at www.usdoj.gov/eoir.

The Office of the Chief Immigration Judge
David L. Neal, Chief Immigration Judge
Richard J. Bartolomei
Sarah M. Burr
David W. Crosland
Larry R. Dean
Thomas Y.K. Fong
Anne J. Greer

Stephen S. Griswold
MaryBeth Keller
Michael C. McGoings
Gary W. Smith
Phillip T. Williams

Assistant Chief Immigration Judges

The Office ofthe ChiefImmigration Judge expresses its gratitude to the many Immigration
Judges, Court Administrators, and other individuals who provided comments and
suggestions during the preparation ofthe Immigration Court Practice Manual. The Office
of the Chief Immigration Judge also recognizes the members of the Practice Manual
Committee for their dedication to the creation of this publication:
Judge John F. Gossart, Jr.
Judge Stephen S. Griswold
Jean C. King, Senior Legal Advisor, BIA

Scott M. Rosen, Chief Counsel, OCIl
Gary M. Somerville, Court Administrator
Emmett D. Soper, Attorney Advisor, OCIl

Q

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ChiefImmigration Judge

Immigration Court
Practice Manual

Table of Contents

TABLE OF CONTENTS
Chapter 1

The Immigration Court

Chapter 2

Appearances before the Immigration Court

Chapter 3

Filing with the Immigration Court

Chapter 4

Hearings before Immigration Judges

Chapter 5

Motions before the Immigration Court

Chapter 6

Appeals of Immigration Judge Decisions

Chapter 7

Other Proceedings before Immigration Judges

Chapter 8

Stays

Chapter 9

Detention and Bond

Chapter 10 Discipline of Practitioners
Chapter 11 Forms
Chapter 12 Freedom of Information Act (FOIA)
Chapter 13 Other Information
Appendices
Glossary
Word Index
Citation Index

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TABLE OF CONTENTS
Chapter 1
1.1
1.2
1.3
1.4
1.5
1.6

1.7
Chapter 2
2.1
2.2
2.3

2.4
2.5
2.6
2.7
2.8
2.9

The Immigration Court
Scope of the Practice Manual . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. 1
1
Function of the Office of the Chief Immigration Judge
Composition of the Office of the Chief Immigration JUdge
3
Other EOIR Components
5
Jurisdiction and Authority
7
Public Access
10
Inquiries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12
Appearances before the Immigration Court
Representation Generally . . . . . . . . . . . . . . . . . . .
Unrepresented Aliens (UPro se" Appearances) . . .
Attorneys . . . . . . . . . . . . . . . .'. . . . . . . . . . . . . . . .
Accredited Representatives
Law Students and Law Graduates
Paralegals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Immigration Specialists . . . . . . . . . . . . . . . . . . . . .
Family Members
Others

. . . . . . . . . . . . . . .. 15
. . . . . . . . . . . . . . .. 16'
. . . . . . . . . . . . . . .. 18
25
26
. . . . . . . . . . . . . . .. 28
. . . . . . . . . . . . . . .. 28
28
28

Chapter 3
3.1
3.2
3.3
3.4

Filing with the Immigration Court
Delivery and Receipt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Service on the Opposing Party . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Documents
Filing Fees
'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

Chapter 4
4.1
4.2
4.3
4.4
4.5
4.6

Hearings before Immigration Judges
Types of Proceedings . . . . . . . . . . . . . . . . . . . . . . . .
Commencement of Removal Proceedings
References to Parties and the Immigration Judge
Representation
Hearing and Filing Location. . . . . . . . . . . . . . . . . . . .
Form of the Proceedings . . . . . . . . . . . . . . . . . . . . . .
Hearings by Video or Telephone Conference . . . . . .
Attendance
Public Access
Record
Interpreters

4.7
4.8

4.9
4.10
4.11

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31
39
41
50

. . . . . . . . . . . . .. 55
55
56
57
. . . . . . . . . . . . .. 58
. . . . . . . . . . . . .. 58
. . . . . . . . . . . . .. 58
59
60
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Chapter 4
4.12
4.13
4.14
4.15
4.16
4.17
4.18
4.19
4.20
4.21
4.22

Hearings before Immigration Judges (cont.)
Courtroom Decorum
Electronic Devices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Access to Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Master Calendar Hearing
Individual Calendar Hearing
In Absentia Hearing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Pre-Hearing Conferences and Statements . . . . . . . . . . . . . . . . . . . . ..
Pre-Hearing Briefs
"
Subpoenas
Combining and Separating Cases. . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Juveniles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

Chapter 5
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10
5.11
5.12
5.13

Motions before the Immigration Court
Who May File
85
Filing a Motion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 85
Motion Limits
89
Multiple Motions
89
Motion Briefs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 89
Transcript Requests
89
Motions to Reopen
90
Motions to Reconsider
92
Motions to Reopen In Absentia Orders
94
Other motions ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 96
Decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 99
Effect of Departu re
99
Response to Motion
100

Chapter 6·
6.1
6.2
6.3
6.4
6.5
6.6

Appeals of Immigration Judge Decisions
Appeals Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Process
Jurisdiction
Waiver of Appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Additional Information

101
101
102
102
102
103

Chapter 7
7.1
7.2
7.3
7.4

Other Proceedings before Immigration Judges
Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Deportation Proceedings and Exclusion Proceedings
Rescission Proceedings
Limited Proceedings .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

105
105
107
108

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63
64
64
75
78
78
79
82
83
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Chapter 8
8.1
8.2
8.3

Stays
In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 119
Automatic Stays
119
Discretionary Stays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 120

Chapter 9'
9.1
9.2
9.3
9.4

Detention and Bond
Detention
Detained Juveniles
Bond Proceedings
Continued Detention Review

121
122
123
127

Chapter 10
10.1
10.2
10.3
10.4
10.5
10.6
10.7
10.8
10.9
10.10

Discipline of Practitioners
Practitioner Discipline Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Definition of Practitioner
Jurisdiction
Conduct
Filing a Complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Duty to Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Disciplinary Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Notice to Public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Effect on Practitioner's Pending Immigration Cases . . . . . . . . . . . . ..
Reinstatement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

131
131
131
132
133
134
135
138
138
139

Chapter 11
11.1
11.2
11.3
11.4

Forms
Forms Generally ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Obtaining Blank Forms
Submitting Completed Forms
Additional Information

141
141
143
143

Chapter 12
Freedom of Information Act (FOIA)
12.1 Generally
12.2 Requests
12.3 Denials

145
145
147

Chapter 13
13.1
13.2
13.3
13.4

149
149
149
149

Other Information
Reproduction of the Practice Manual
Online Access to the Practice Manual. . . . . . . . . . . . . . . . . . . . . . . ..
Updates to the Practice Manual
Public Input . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

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Appendices

A
B
C
D
E
F
G
H
I
J
K
L
M
N

o

P
Q

Immigration Court Addresses
EOIR Directory
Practice Manual Organizational Chart. . . . . . . . . . . . . . . . . . . . . . . ..
Deadlines
Forms
Sample Cover Page
Sample Proof of Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Sample Certificate of Translation
Telephonic Information
. . . . . . . . . . . . . . . . . . . . . . . . . . ..
Citation Guidelines
Where to File. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Sample Written Pleading
Sample Oral Pleading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Sample Subpoena. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Sample Criminal History Chart
Sample Table of Contents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Sample Proposed Order .. '.' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

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A-1
B-1
C-1
D-1
E-1
F-1
G-1
H-1
1-1
J-1
K-1
L-1
M-1
N-1
0-1
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Chapter 1
The Immigration Court

1 The Immigration Court
1.1

Scope of the Practice Manual

(a) Authority. - The Executive Office for Immigration Review (EOIR) is charged
with administering the Immigration Courts nationwide. The Attorney General has directed
the Director of EOIR, in consultation with the Immigration JUdges, to issue an Immigration
Court Practice Manual.
(b) Purpose. - This manual is provided for the information and convenience of the
general public and for parties that appear before the Immigration Courts. The manual
describes procedures, requirements, and recommendations for practice before the
Immigration Courts. The requirements set forth in this manual are binding on the parties
who appear before the Immigration Courts, unless the Immigration Judge directs otherwise
in a particular case.

(c) Disclaimer. - This manual is not intended, nor should it be construed in any
way, as legal advice. The manual does not extend or limit the jurisdiction of the
Immigration Courts as established by law and regulation. Nothing in this manual shall limit
the discretion of Immigration Judges to act in accordance with law and regulation.
(d) Revisions. - The Office of the Chief Immigration Judge reserves the right to
amend, suspend, or revoke the text of this manual at any time at its discretion. For
information on how to obtain the most current version of this manual, see Chapter 13.3
(Updates to the Practice Manual). For information on how to provide comments regarding
this manual, see Chapter 13.4 (Public Input).

1.2

Function of the Office of the Chief Immigration Judge

(a) Role. - The Office of the Chief Immigration Judge oversees the administration
of the Immigration Courts nationwide and exercises administrative supervision over
Immigration Judges. Immigration Judges are responsible for conducting Immigration Court
proceedings and act independently in deciding matters before them. Immigration Judges
are tasked with resolving cases in a manner that is timely, impartial, and consistent with
the Immigration and Nationality Act, federal regulations, and precedent decisions of the
Board of Immigration Appeals and federal appellate courts.
(b) Location within the federal government. - The Office of the Chief
Immigration Judge (OCIJ) is a component of the Executive Office for Immigration Review
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(EOIR). Along with the Board of Immigration Appeals and the Office of the Chief
Administrative Hearing Officer, OCIJ operates under the supervision of the Director of
EOIR. See 8 C.F.R. § 1003.0(a). In turn, EOIR is a component of the Department of
Justice and operates under the authority and supervision of the Attorney General. See
Appendix C (Organizational Chart).
(c) Relationship to the Board of Immigration Appeals. - The Board of
Immigration Appeals is the highest administrative tribunal adjudicating immigration and
nationality matters. The Board is responsible for applying the immigration and nationality
laws uniformly throughout the United States. Accordingly, the Board has been given
nationwide jurisdiction to review decisions of Immigration Judges and certain decisions
made by the Department of Homeland Security (DHS). The Board is tasked with resolving
the questions before it in a manner that is timely, impartial, and consistent with the
Immigration and Nationality Act (INA) and federal regulations. The Board is also tasked
with providing clear and uniform guidance to Immigration Judges, DHS, and the general
public on the proper interpretation and administration of the INA and the federal
regulations. See 8 C.F.R. § 1003.1(d)(1). See also Appendix C (Organizational Chart).
In addition, the Board is responsible for the recognition of organizations and the
accreditation of representatives wishing to appear before the Immigration Courts, DHS,
and the Board. Finally, the Board has authority over the disciplining and sanctioning of
representatives appearing before the Immigration Courts, DHS, and the Board. See
Chapter 10 (Discipline of Practitioners).
For detailed guidance on practice before the Board, parties should consult the
Board of Immigration Appeals Practice Manual, which is available at
www.usdoj.gov/eoir/biainfo.htm.
(d) Relationship to the Department of Homeland Security. - The Department
of Homeland Security (DHS) was created in 2003 and assumed most of the functions of
the now-abolished Immigration and Naturalization Service. DHS is responsible for
enforcing immigration laws and administering immigration and naturalization benefits. By
contrast, the Immigration Courts and the Board of Immigration Appeals are responsible for
independently adjudicating cases under the immigration laws. Thus, DHS is entirely
separate from the Department of Justice and the Executive Office for Immigration Review.
In proceedings before the Immigration Court or the Board, DHS is deemed to be a party
and is represented by its component, U.S. Immigration and Customs Enforcement (ICE).
See Chapters 1.5(a) (Jurisdiction), 1.5(c) (Immigration Judge decisions), 1.5(e)
(Department of Homeland Security).

(e) Relationship to the Immigration and Naturalization Service. - Prior to the
creation of the Department of Homeland Security (DHS), the Immigration and
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Naturalization Service (INS) was responsible for enforcing immigration laws and
administering immigration and naturalization benefits. INS was a component of the
Department of Justice. INS has been abolished and its role has been assumed by DHS,
which is entirely separate from the Department of Justice. See subsection (d), above.
(f) Relationship to the Office of the ChiefAdministrative Hearing Officer. - The
Office of the Chief Administrative Hearing Officer (OCAHO) is an independent entity within
the Executive Office for Immigration Review. OCAHO is responsible for hearings involving
employer sanctions, anti-discrimination provisions, and document fraud under the
Immigration and Nationality Act. OCAHO's Administrative Law Judges are not affiliated
with the Office of the Chief Immigration Judge. The Board of Immigration Appeals does
not review OCAHO decisions. See Appendix C (Organizational Chart).

(g) Relationship to the Administrative Appeals Office. - The Administrative
Appeals Office (AAO), sometimes referred to as the Administrative Appeals Unit (AAU),
. was a component of the former Immigration and Naturalization Service and is now a
component of the Department of Homeland Security (DHS). The AAO adjudicates appeals
from DHS denials of certain kinds of applications and petitions, including employmentbased immigrant petitions and most nonimmigrant visa petitions. See 8 C.F.R. §§ 103.2,
103.3. The AAO is not a component of the Department of Justice. The AAO should not
be confused with the Executive Office for Immigration Review, the Office of the Chief
Immigration Judge, or the Board of Immigration Appeals. See Appendix C (Organizational
Chart).
(h) Relationship to the Office of Immigration Litigation (OIL). - The Office of
Immigration Litigation (OIL) represents the United States government in immigrationrelated civil trial litigation and appellate litigation in the federal courts. 01L is a component
of the Department of Justice, located in the Civil Division. OIL is separate and distinct from
the Executive Office for Immigration Review (EOIR). OIL should not be confused with
EOIR, the Office of the Chief Immigration Judge, or the Board of Immigration Appeals.
See Appendix C (Organizational Chart).

1.3

Composition of the Office of the Chief Immigration Judge

(a) General. - The Office of the Chief Immigration Judge (OCIJ) supervises and
directs the activities of the Immigration Courts. OCIJ operates underthe supervision of the
Director of the Executive Office for Immigration Review (EOIR). OCIJ develops operating
policies for the Immigration Courts, oversees policy implementation, evaluates the
performance of the Immigration Courts, and provides overall supervision of the Immigration
Judges.

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(i) ChiefImmigration Judge. - The Chief Immigration Judge oversees the
administration of the Immigration Courts nationwide.
(ii) Deputy Chief Immigration Judge. - The Deputy Chief Immigration
JUdgeassists the Chief Immigration Judge in carrying out his or her responsibilities.

(iii) Assistant Chief Immigration Judges. - The Assistant Chief
Immigration Judges oversee the operations of specific Immigration Courts. A listing
of the Immigration Courts overseen by each Assistant Chief Immigration Judge is
available on the Executive Office for Immigration Review website at
www. usdoj.gov/eoir.
(iv) Legal staff. - OCIJ's legal staff supports the Chief Immigration Judge,
Deputy Chief Immigration Judge, and Assistant Chief Immigration Judges, as well
as the Immigration Judges and Immigration Court law clerks nationwide.
(v) Language Services Unit. - The Language Services Unit oversees staff
interpreters and contract interpreters at the Immigration Courts. The Language
Services Unit conducts quality assurance programs for all interpreters.
(vi) Court Evaluation Team. - The Court Evaluation Team coordinates
periodic comprehensive evaluations of the operations of each Immigration Court
and makes recommendations for improvements.
(vii) Court Analysis Unit. - The Court Analysis Unit monitors Immigration
Court operations and assists the courts by analyzing caseloads and developing
systems to collect caseload data.
(b) Immigration Courts. - There are more than 200 Immigration Judges in more
than 50 Immigration Courts nationwide. As a general matter, Immigration Judges
determine removability and adjudicate applications for relief from removal. Forthe specific
duties of Immigration Judges, see Chapter 1.5 (Jurisdiction and Authority). The decisions
of Immigration Judges are final unless timely appealed or certified to the Board of
Immigration Appeals. See Chapter 6 (Appeals of Immigration Judge Decisions).
Court Administrators are assigned to the local office of each Immigration Court.
Under the supervision of an Assistant Chief Immigration Judge, the Court Administrator
manages the daily activities of the Immigration Court and supervises staff interpreters,
legal assistants, and clerical and technical employees.
In each Immigration Court, the Court Administrator serves as the liaison with the
local office of the Department of Homeland Security, the private bar, and non-profit
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organizations that represent aliens. In some Immigration Courts, a Liaison Judge also
participates as a liaison with these groups.
A listing of the Immigration Courts is available on the Executive Office for
Immigration Review website at www.usdoLgov/eoir.
(c) Immigration Judge conduct and professionalism. - Immigration Judges
strive to act honorably, fairly, and in accordance with the highest ethical standards, thereby
ensuring public confidence in the integrity and impartiality of Immigration Court
proceedings.

Alleged misconduct by Immigration Judges is taken seriously by the Department of
Justice and the Executive Office for Immigration Review (EOIR), especially if it impugns
the integrity of the hearing process.
Usually, when a disagreement arises with an Immigration Judge's ruling, the
disagreement is properly raised in a motion to the Immigration Judge or an appeal to the
Board of Immigration Appeals. When a party has an immediate concern regarding an
Immigration Judge's conduct, and this concern requires immediate attention or is not
appropriate for a motion or appeal, the concern may be raised with the Assistant Chief
Immigration Judge responsible for the court. A listing of the Assistant Chief Immigration
Judges is available on the EOIR website at www.usdoLgov/eoir.
In the alternative, parties may raise concerns with the Office of the Chief
Immigration Judge by following the procedures outlined on the EOIR website at
www.usdoLgov/eoir. Where appropriate, concerns may also be raised with the Department
of Justice, Office of Professional Responsibility. All concerns, and any actions taken, may
be considered confidential and not subject to disclosure.

1.4

Other EOIR Components

(a) Office of the General Counsel. - The Office of the General Counsel (OGC)
provides legal advice to the Executive Office for Immigration Review. OGC also functions
as a resource and point of contact for the public in certain instances. In particular, OGC
responds to Freedom of Information Act requests related to immigration proceedings. See
Chapter 12 (Freedom of Information Act). OGC receives complaints of misconduct
involving immigration practitioners, and initiates disciplinary proceedings where
appropriate. See Chapter 10 (Discipline of Practitioners). Working with the Board of
Immigration Appeals, OGC also maintains the list of accredited representatives who may
represent aliens before the Immigration Courts and the Board. See Chapter 2.4
(Accredited Representatives).
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(b) EOIR Fraud Program. - The Executive Office for Immigration Review (EOIR)
Fraud Program was created to protect the integrity of immigration proceedings by reducing
immigration fraud and abuse. The EOIR Fraud Program assists Immigration Judges and
EOIR staff in identifying fraud. In addition, the program shares information with law
enforcement and investigative authorities. The program is an initiative of the EOIR Office
of the General Counsel, as directed by the Attorney General.
Immigration fraud and abuse can take many forms. Fraud is sometimes committed
during Immigration Court proceedings by individuals in proceedings and by their attorneys.
In addition, aliens are often victimized by fraud committed by individuals not authorized to
practice law, who are frequently referred to as "immigration specialists," "visa consultants,"
"travel agents," and "notarios."
Where a person suspects that immigration fraud has been committed, he or she
may report this to the EOIR Fraud Program. Where appropriate, the EOIR Fraud Program
refers cases to other authorities for further investigation.
Individuals wishing to report immigration fraud or abuse, or other irregular activity,
should contact the EOIR Fraud Program. For contact information, see Appendix B (EOIR
Directory).

(c) Legal Orientation and Pro Bono Program. - The Legal Orientation and Pro
Bono Program (LOP) was created to provide detained aliens with essential and easy-tounderstand information regarding the Immigration Court process, including their rights,
responsibilities, and options for relief from removal. The LOP is an initiative of the
Executive Office for Immigration Review (EOIR), Office of the General Counsel.
The LOP is carried out locally through subcontracts with nonprofit legal agencies in
cooperation with a number of local Immigration Courts and detention facilities.
The LOP providers conduct "group orientations," which are general rights
presentations given to detained aliens prior to their first Immigration Court hearing.
"Individual orientations" and "self-help workshops" are then provided to unrepresented
detainees to assist them with understanding their cases and identifying potential claims for
relief from removal. While the LOP does not pay for legal representation, all detained
aliens at LOP sites are provided access to program services, which may also include
assistance with either locating pro bono counselor representing themselves before the
court.
More information about the LOP is available on the EOIR website at
www.usdoLgov/eoir.

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(d) Office of Legislative and Public Affairs. - The Office of Legislative and Public
Affairs (OLPA) is responsible forthe public relations of the Executive Office for Immigration
Review (EOIR), including the Office of the Chief Immigration Judge. Because Department
of Justice policy prohibits interviews with Immigration Judges, OLPA serves as EOIR's
liaison with the press.

(e) Law Library and Immigration Research Center. - The Law Library and
Immigration Research Center (LURC) is maintained by the Executive Office for
Immigration Review (EOIR) for use by EOIR staff and the general public. The LURe
maintains a "Virtual Law Library" accessible on the EOIR website at www.usdoLgov/eoir.
See Chapter 1.6(b) (Library and online resources).

1.5

Jurisdiction and Authority
(a) Jurisdiction. -

Immigration judges generally have the authority to:

o

make determinations of removability, deportability, and excludability

o

adjudicate applications for relief from removal or deportation,
including, but not limited to, asylum, withholding of removal
("restriction on removal"), protection under the Convention Against
Torture, cancellation of removal, adjustment of status, registry, and
certain waivers

o

review credible fear and reasonable fear determinations made by the
Department of Homeland Security (DHS)

o

conduct claimed status review proceedings

o

conduct custody hearings and bond redetermination proceedings

o

make determinations in rescission of adjustment of status and
departure control cases

o

take any other action consistent with applicable law and regulation as
may be appropriate, including such actions as ruling on motions,
issuing subpoenas, and ordering pre-hearing conferences and
statements

See 8 C.F.R. §§ 1240.1 (a), 1240.31, 1240.41.

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Immigration Judges also have the authority to:
o

conduct disciplinary proceedings pertaining to attorneys and
accredited representatives, as discussed in Chapter 10 (Discipline of
Practitioners)

o

administer the oath of citizenship in administrative naturalization
ceremonies conducted by DHS

o

conduct removal proceedings initiated by the Office of Special
Investigations

(b) Nojurisdiction. -Although Immigration Judges exercise broad authority over
matters brought before the Immigration Courts, there are certain immigration-related
matters over which Immigration Judges do not have authority, such as:
o

visa petitions

o

employment authorization

o

certain waivers

o

naturalization applications

o

revocation of naturalization

o

parole into the United States under INA § 212(d)(5)

o

applications for advance parole

o

employer sanctions

o

administrative fines and penalties under 8 C.F.R. parts 280 and 1280

o

determinations by the Department of Homeland Security involving
safe third country agreements

See 8 C.F.R. §§ 103.2, 1003.42(h), 28 C.F.R. § 68.26.
(c) Immigration Judge decisions. - Immigration Judges render oral and written
decisions at the end of Immigration Court proceedings. See Chapter 4.16(g) (Decision).
A decision of an Immigration Judge is final unless a party timely appeals the decision to
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the Board of Immigration Appeals or the case is certified to the Board. Parties should note
that the cerlification of a case is separate from any appeal in the case. See Chapter 6
(Appeals of Immigration Judge Decisions).
(d) Board of Immigration Appeals. - The Board of Immigration Appeals has
broad authority to review the decisions of Immigration Judges. See 8 C.F.R. § 1003.1(b).
See also Chapter 6 (Appeals of Immigration Judge Decisions). Although the Immigration
Courts and the Board are both components of the Executive Office for Immigration Review,
the two are separate and distinct entities. Thus, administrative supervision of Board
Members is vested in the Chairman of the Board, not the Office of the Chief Immigration
Judge. See Chapter 1.2(c) (Relationship to the Board of Immigration Appeals). See
Appendix C (Organizational Chart).

(e) Department of Homeland Security. - The Department of Homeland Security
(DHS) enforces the immigration and nationality laws and represents the United States
government's interests in immigration proceedings. DHS also adjudicates visa petitions
and applications for immigration benefits. See, e.g., 8 C.F.R. § 1003.1(b)(4), (5). DHS is
entirely separate from the Department of Justice and the Executive Office for Immigration
Review. When appearing before an Immigration Court, DHS is deemed a party to the
proceedings and is represented by its component, U.S. Immigration and Customs
Enforcement (ICE). See Chapter 1.2(d) (Relationship to the Department of Homeland
Security (DHS».
(f) Attorney General. - Decisions of Immigration Judges are reviewable by the
Board of Immigration Appeals. The Board's decisions may be referred to the Attorney
General for review. Referral may occur at the Attorney General's request, or at the request
of the Department of Homeland Security or the Board. The Attorney General may vacate
any decision of the Board and issue his or her own decision in its place. See 8 C.F.R.
§ 1003.1(d)(1)(i), (h). Decisions of the Attorney General may be published as precedent
decisions. The Attorney General's precedent decisions appear with the Board's precedent
decisions in Administrative Decisions Under Immigration and Nationality Law ofthe United
States ("I&N Decisions").
(g) Federal courts. - Decisions of Immigration judges are reviewable by the
Board of Immigration Appeals. In turn, decisions of the Board are reviewable in certain
federal courts, depending on the nature of the appeal. When a decision of the Board is
reviewed by a federal court, the Board provides that court with a certified copy of the record
before the Board. This record includes the Record of Proceedings before the Immigration
Judge.

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1.6

Public Access
(a) Court locations.(i) Office of the Chief Immigration Judge. - The Office of the Chief
Immigration Judge, which oversees the administration of the Immigration Courts
nationwide, is located at the Executive Office for Immigration Review headquarters
in Falls Church, Virginia. See Appendix B (EOIR Directory).
(ii) Hearing locations. - There are more than 200 Immigration Judges in
more than 50 Immigration Courts in the United States. A list of Immigration Courts
is available in Appendix A (Immigration Court Addresses), as well as on the
Executive Office for Immigration Review website at www.usdoLgov/eoir.
Immigration Judges sometimes hold hearings in alternate locations, such as
designated detail cities where the caseload is significant but inadequate to warrant
the establishment of a permanent Immigration Court. Immigration Judges also
conduct hearings in Department of Homeland Security detention centers
nationwide, as well as many federal, state, and local correctional facilities.
Documents pertaining to hearings held in these locations are filed atthe appropriate
Administrative Control Court. See Chapter 3.1(a)(i) (Administrative Control Court).
In addition, hearings before Immigration Judges are sometimes conducted
by video conference or, under certain conditions, by telephone conference. See
Chapter 4.7 (Hearings by Video or Telephone Conference).
With certain exceptions, hearings before Immigration Judges are open to the
public. See Chapter 4.9 (Public Access). The public's access to immigration
hearings is discussed in Chapter4.14 (Access to Court). For additional information
on the conduct of hearings, see Chapters 4.12 (Courtroom Decorum), 4.13
(Electronic Devices).
(b) Library and online resources. (i) Law Library and Immigration Research Center. - The Board of
Immigration Appeals maintains a Law Library and Immigration Research Center
(LURC) at 5201 Leesburg Pike, Suite 1200, Falls Church, Virginia. The LURC
maintains select sources of immigration law, including Board decisions, federal
statutes and regulations, federal case reporters, immigration law treatises, and
various secondary sources. The LURC serves the Executive Office for Immigration
Review (EOIR), including the Office of the Chief Immigration Judge and the
Immigration Courts, as well as the general public. For hours of operation,

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directions, and collection information, contact the LURC at (703) 506-1103 or visit
the EOIR website at www.usdoLgov/eoir. See Appendix B (EOIR Directory).
The LLRC is not a lending library, and all printed materials must be reviewed
on the premises. LLRC staff may assist patrons in locating materials, but are not
available for research assistance. LLRC staff do not provide legal advice or
guidance regarding filing or procedures for matters before the Immigration Courts.
LLRC staff may, however, provide guidance in locating published decisions of the
Board.
Limited self-service copying is available in the LLRC. Smoking is prohibited.
(ii) Virtual Law Library. - The LLRC maintains a "Virtual Law Library,"
accessible on the Executive Office for Immigration Review website at
www.usdoLgov/eoir. The Virtual Law Library serves as a comprehensive repository
of immigration-related law and information for use by the general public.
(c) Records. (i) Inspection by parties. Parties to a proceeding, and their
representatives, may inspect the official record, except for classified information, by
prior arrangement with the Immigration Court having control over the record. See
Chapters 3.1(a)(i) (Administrative Control Court), 4.1O(c) (Record of Proceedings).
Removal of records by parties or other unauthorized persons is prohibited.
(ii) Inspection by non-parties. - Persons or entities who are not a party to
a proceeding must file a request for information pursuant to the Freedom of
Information Act (FOIA) to inspect the Record of Proceedings. See Chapter 12
(Freedom of Information Act).
(iii) Copies for parties. - The Immigration Court has the discretion to
provide parties or their legal representatives with a copy of the hearing recordings
and up to 25 pages of the record without charge, subject to the availability of court
resources. Self-service copying is not available. However, parties may be required
to file a request under FOIA to obtain these items. See Chapter 12 (Freedom of
Information Act).
(A) Cassette recordings. -In certain Immigration Courts, hearings
are recorded on cassette tapes. For these courts, if a party is requesting a
copy of a hearing recording, the party must provide a sufficient number of
gO-minute cassette tapes.

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(B) Digital audio recordings. - In certain Immigration Courts,
hearings are recorded digitally. For these courts, if a party is requesting a
copy of a hearing recording, the court will provide the compact disc.
(iv) Copiesfornon-parties.-The Immigration Court does not provide nonparties with copies of any official record, whether in whole or in part. To obtain an
official record, non-parties must file a request for information under FOIA. See
Chapter 12 (Freedom of Information Act).
(v) Confidentiality. - The Immigration Courts take special precautions to
ensure the confidentiality of cases involving aliens in exclusion proceedings, asylum
applicants, battered alien spouses and children, classified information, and
information subject to a protective order. See Chapter 4.9 (Public Access).

1.7

. Inquiries

(a) Generally. - All inquiries to an Immigration Court must contain or provide the
following information for each alien:

o

complete name (as it appears on the charging document)

o

alien registration number ("A number")

o

type of proceeding (removal, deportation, exclusion, bond, etc.)

o

date of the upcoming master calendar or individual calendar hearing

o

the completion date, if the court proceedings have been completed

See also Chapter 3.3(c)(vi) (Cover page and caption), Appendix F (Sample Cover Page).
(b) Press inquiries. - All inquiries from the press should be directed to the
Executive Office for Immigration Review, Office of Legislative and Public Affairs. For
contact information, see Appendix B (EOIR Directory).
(c) ASQ. - The Automated Status Query system or "ASQ" (pronounced "ask")
provides information about the status of cases before an Immigration Court or the Board
of Immigration Appeals. See Appendices B (EOIR Directory), I (Telephonic Information).
ASO contains a telephone menu (in English and Spanish) covering most kinds of cases.
The caller must enter the alien registration number ("A number") of the alien involved.

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Most A numbers have eight digits (e.g., A 12 345678), but some recently-issued A
numbers have nine digits (e.g., A 123456789). In the case of a nine-digit A number, the
caller should enter only the last eight digits.
For cases before the Immigration Court, ASQ contains information regarding:
o

the next hearing date, time, and location

o

in asylum cases, the elapsed time and status of the asylum clock

o

Immigration Judge decisions

ASQ does not contain information regarding:

o

bond proceedings

o

motions

Inquiries that cannot be answered by ASQ may be directed to the Immigration Court
in which the proceedings are pending or to the appropriate Administrative Control Court.
See Chapter 3.1(a)(i) (Administrative Control Courts). Callers must be aware that Court
Administrators and other staff members are prohibited from providing any legal advice and
that no information provided by Court Administrators or other staff members may be
construed as legal advice"

(d) Inquiries to Immigration Courtstaff. - Most questions regarding Immigration
Court proceedings can be answered through the automated telephone number, known as
the Automated Status Query System, or "ASQ." See subsection (c), above. For other
questions, telephone inquiries may be made to Immigration Court staff. Collect calls are
not accepted.
If a telephone inquiry cannot be answered by Immigration Court staff, the caller may
be advised to submit an inquiry in writing, with a copy served on the opposing party. See
Appendix A (Immigration Court Addresses).
In addition, Court Administrators and other staff members cannot provide legal
advice to parties.

(e) Inquiries to specific Immigration Judges. - Callers must bear in mind that
Immigration Judges cannot engage in ex parte communications. A party cannot speak
about a case with the Immigration Judge when the other party is not present, and all written
communications about a case must be served on the opposing party.
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(f) Faxes. - Immigration Courts generally do not accept inquiries by fax. See
Chapter 3.1(a)(vii) (Faxes and e-mail).
(g) Electronic communications. (i) Internet. - The Executive Office for Immigration Review (EOIR)
maintains a website at www.usdoLgov/eoir. See Appendix A (Directory). The
website contains information about the Immigration Courts, the Office of the Chief
Immigration Judge, the Board of Immigration Appeals, and the other components
of EOIR. It also contains newly published regulations, the Board's precedent
decisions, and a copy of this manual. See Chapters 1.4(e) (Law Library and
Immigration Research Center), 1.6(b) (Library and online resources).
(ii) E-mail. -Immigration Courts generally do not accept inquiries bye-mail.
(h) Emergencies and requests to advance hearing dates. - If circumstances
require urgent action by an Immigration JUdge, parties should follow the procedures set
forth in Chapters 5.1O(b) (Motion to advance) or 8 (Stays), as appropriate.

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2 Appearances before the Immigration Court
2.1

Representation Generally

(a) Types of representatives. - The regulations specify who may represent
parties in immigration proceedings. See 8 C.F.R. § 1292.1. As a practical matter, there
are four categories of people who may present cases in Immigration Court: unrepresented
aliens (Chapter 2.2), attorneys (Chapter 2.3), accredited representatives (Chapter 2.4), and
certain categories of persons who are expressly recognized by the Immigration Court
(Chapters 2.5, 2.8, and 2.9).
No one else is recognized to practice before the Immigration Court. Non-lawyer
immigration specialists, visa consultants, and "notaries," are not authorized to represent
parties before an Immigration Court.
(b) Entering an appearance. - All representatives must file a Notice of Entry of
Appearance as Attorney or Representative Before the Immigration Court (Form EOIR-28).
Representatives should be sure to use the most current version of the form, which can be
found on the Executive Office for Immigration Review website at www.usdoj.gov/eoir. See
also Chapter 11(Forms), AppendiX E (Forms).
An original Form EOIR-28 must be filed in the following situations:
o

the first appearance of the representative, either at a hearing or by
filing a pleading, motion, application, or other document

o

the filing of a motion to reopen

o

the filing of a motion to reopen to rescind an in absentia order

o

the filing of a motion to reconsider

o

whenever a case is remanded to the Immigration Court

o

any change of business address or telephone number for the attorney
or representative

o

upon reinstatement following an attorney's suspension or expulsion
from practice

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See 8 C.F.R. §§1003.17(a), 1003.23(b)(1)(ii), Chapters 4 (Hearings before Immigration
Judges), 5 (Motions before the Immigration Court), 10 (Discipline of Practitioners).
Persons appearing without an attorney or representative ("pro se") should not file
a Form EOIR-28.
Note that different forms are used to enter an appearance before an Immigration
Court, the Board of Immigration Appeals, and the Department of Homeland Security
(DHS). The forms used to enter an appearance before the Board and DHS are as follows:
o

the Notice of Entry of Appearance as Attorney or Representative
Before the Board of Immigration Appeals (Form EOIR-27) is used to
enter an appearance before the Board

o

the Notice of Entry of Appearance of Attorney or Representative
(Form G-28) is used to enter an appearance before DHS

The Immigration Court will not recognize a representative using a Form EOIR-27 or
a Form G-28.
(c) Notice to opposing parly. -In all instances of representation, the Department
of Homeland Security must be served with a copy of the Notice of Entry of Appearance as
Attorney or Representative Before the Immigration Court (Form EOIR-28). See Chapter
3.2 (Service on the Opposing Party).
(d) Who may file. - Whenever a party is represented, the party should submit all
filings and communications to the Immigration Court through the representative. See 8
C.F.R. § 1292.5(a). An individual who is not a party to a proceeding may not file
documents with the court. See Chapters 5.1(c) (Persons not party to the proceedings), 3.2
(Service on the Opposing Party).

2.2

Unrepresented Aliens ("Pro se" Appearances)

(a) Generally. - An individual in proceedings may represent himself or herself
before the Immigration Court.

Many individuals choose to be represented by an attorney or accredited
representative. Due to the complexity of the immigration and nationality laws, the Office
of the Chief Immigration Judge recommends that those who can obtain qualified
professional representation do so. See Chapters 2.3(b) (Qualifications), 2.4 (Accredited
Representatives), 2.5 (Law Students and Law Graduates).
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(b) Legal service providers. - The Immigration Courts cannot give advice
regarding the selection of a representative. However, aliens in proceedings before an
Immigration Court are provided with a list of free or low cost legal service providers within
the region in which the Immigration Court is located. See 8 C.F.R. §§ 1003.61(a),
1292.2(a). The list is maintained by the Office of the Chief Immigration judge and contains
information on attorneys, bar associations, and certain non-profit organizations willing to
provide legal services to indigent individuals in Immigration Court proceedings at little or
no cost. The free or low cost legal service providers may not be able to represent every
individual who requests assistance.
In addition, all of the lists of free legal service providers nationwide are available on
the EOIR website at www.usdoLgov/eoir.
(c) Address obligations. - Whether represented or not, aliens in proceedings
before the Immigration Court must notify the Immigration Court within 5 days of any change
in address or telephone number, using the Alien's Change of Address Form (Form
EOIR-33/1C). See 8 C.F.R. § 1003.15(d)(2). In many instances, the Immigration Court will
send notification as to the time, date, and place of hearing or other official correspondence
to the alien's address. If an alien fails to keep address information up to date, a hearing
may be held in the alien's absence, and the alien may be ordered removed even though
the alien is not present. This is known as an "in absentia" order of removal.
Parties should note that notification to the Department of Homeland Security of a
change in address does not constitute notification to the Immigration Court.
(i) Change of address or telephone number. - Changes of address or
telephone number must be in writing and only on the Alien's Change of Address
Form (Form EOIR-33/IC). Unless the alien is detained, no other means of
notification are acceptable.
Changes in address or telephone numbers
communicated through pleadings, motion papers, correspondence, telephone calls,
applications for relief, or other means will not be recognized, and the address
information on record will not be changed.
(ii) Form EOIR-33/IC. - The alien should use only the most current version
of the Aliens's Change of Address Form (Form EOIR-33/IC). The Form 1-33/IC is
available at the Immigration Court and on the Executive Office for Immigration
Review website at www.usdoj.gov/eoir. See also Chapter 11 (Forms) and Appendix
E (Forms). Individuals in proceedings should observe the distinction between the
Immigration Court's Change of Address Form (Form EOIR-33/IC) and the Board of
Immigration Appeal's Change of Address Form (Form EOIR-33/BIA). The
Immigration Courts will not recognize changes in address or telephone numbers
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communicated on the Board of Immigration Appeal's Change of Address Form
(Form EOIR-33/BIA), and the address information on record will not be changed.
(iii) Motions. - An alien should file an Alien's Change of Address Form
(Form EOIR-33/IC) when filing a motion to reopen, a motion to reconsider, or a
motion to recalendar. This ensures that the Immigration Court has the alien's most
current address when it adjudicates the motion.

(d) Address obligations of detained aliens. - When an alien is detained, the
Department of Homeland Security (DHS) is obligated to report the location of the alien's
detention to the Immigration Court. DHS is also obligated to report when an alien is moved
between detention locations and when he or she is released. See 8 C.F.R. § 1003.19(g).
(i) While detained. - As noted in (d), above, DHS is obligated to notify the
Immigration Court when an alien is moved between detention locations. See 8
C.F.R. § 1003.19(g).
(ii) When released. - The Department of Homeland Security is responsible
for notifying the Immigration Court when an alien is released from custody. 8 C.F.R.
§ 1003.19(g). Nonetheless, the alien should file an Alien's Change of Address
Form (Form EOIR-33/IC) with the Immigration Court within 5 days of release from
detention to ensure that Immigration Court records are current. See Chapter 2.2(c)
(Address obligations).

2.3

Attorneys

(a) Right to counsel. - An alien in immigration proceedings may be represented
by an attorney of his or her choosing, at no cost to the government. Unlike in criminal
proceedings, the government is not obligated to provide legal counsel. The Immigration
Court provides aliens with a list of attorneys who may be willing to represent aliens for little
or no cost, and many of these attorneys handle cases on appeal as well. See Chapter
2.2(b) (Legal service providers). Bar associations and nonprofit agencies can also refer
aliens to practicing attorneys.
(b) Qualifications. - An attorney may practice before the Immigration Court only
if he or she is a member in good standing of the bar of the highest court of any state,
possession, territory, or Commonwealth of the United States, or the District of Columbia,
and is not under any order suspending, enjoining, restraining, disbarring, or otherwise
restricting him or her in the practice of law. See 8 C.F.R. §§ 1001.1(f), 1292.1(a)(1). Any
attorney practicing before the Immigration Court who is the subject of such discipline in any

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jurisdiction must promptly notify the Executive Office for Immigration Review, Office of
General Counsel. See Chapter 10.6 (Duty to Report).

(c) Appearances. - Attorneys must enter an appearance before the Immigration
Court by filing a Notice of Entry of Appearance as Attorney or Representative Before the
Immigration Court (Form EOIR-28). See 8 C.F.R. §§ 1003.17(a), 1003.23(b)(1 )(ii). A Form
EOIR-28 should always be filed in the situations described in Chapter 2.1 (b) (Entering an
appearance). If submitted with other documents, the Form EOIR-28 should be at the front.
of the package. See Chapter 3.3(c) (Format). It should not be included as an exhibit, as
part of an exhibit, or with other supporting materials. In addition, the Form EOIR-28 must
be served on the opposing party. See Chapter 3.2 (Service on the Opposing Party). If
information is omitted from the Form EOIR-28 or it is not properly completed, the attorney's
appearance may not be recognized, and the accompanying filing may be rejected.
(i) Form EOIR..28. - Attorneys should use the most current version of the
Notice of Entry of Appearance as Attorney or Representative Before the Immigration
Court (Form EOIR-28), which can be found on the Executive Office for Immigration
Review (EOIR) website at www.usdoj.gov/eoir. See also Chapter 11 (Forms),
Appendix E (Forms). The use of green paper is strongly encouraged. See Chapter
11.2(f) (Form colors).
Attorneys should observe the distinction between the Immigration Courts'
Notice of Appearance (Form EOIR-28) and the Board of Immigration Appeal's
Notice of Appearance (Form EOIR-27). The Immigration Courts will not recognize
an attorney based on a Form EOIR-27, whether filed with the Board or the
Immigration Court. Accordingly, when a case is remanded from the Board to the
Immigration Court, the attorney must file a new Form EOIR-28.

(ii) Attorney information. - The Notice of Entry of Appearance as Attorney
or Representative Before the Immigration Court (Form EOIR-28) must bear an
individual attorney's current address and the attorney's original signature in
compliance with the requirements of Chapter 3.3(b) (Signatures). All information
required on the form, including the date, should be typed or printed clearly. Note
that Identification Numbers ("EOIR ID numbers") for attorneys and representatives
are not currently being issued, and therefore that information does not need to be
provided at this time.
(iii) Bar information. - When an attorney is a member of a state bar which
has a state bar number or corresponding court number, the attorney must provide
that number on the Notice of Entry of Appearance as Attorney or Representative
Before the Immigration Court (Form EOIR-28). If the attorney has been admitted
to more than one state bar, each and every state bar to which the attorney has ever
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been admitted-including states in which the attorney is no longer an active member
or has been suspended, expelled, or disbarred-must be listed and the state bar
number, if any, provided.
(iv) Disciplinary information. - In every instance, one of the two boxes
regarding disciplinary action (under box 1 of the Form EOIR-28) must be checked.
If the attorney is subject to discipline, then the attorney must provide information on
the back of the form. (Attorneys may attach an explanatory supplement or other
documentation to the form.) An attorney who fails to check one of the two boxes
regarding discipline, or fails to provide discipline information, will not be recognized
by the Immigration Court and may be subject to disciplinary action.
(d) Limited appearances. - Once an attorney has made an appearance, that
attorney has an obligation to continue representation until such time as the alien terminates
representation or a motion to withdraw or substitute as counsel has been granted by the
Immigration Court. The filing of a Notice of Entry of Appearance as Attorney or
Representative Before the Immigration Court (Form EOIR-28) on behalf of an alien
constitutes entrance of appearance for all proceedings, including removal and bond, unless
the Immigration Judge specifically allows a limited appearance.
Limited appearances are distinct from appearances "on behalf of," which are
discussed in Chapter 2.30) (Appearances "on behalf of").

(e) Multiple representatives. - Sometimes, an alien may retain more than one
attorney at a time. In such cases, all of the attorneys are representatives of record, and
will all be held responsible as attorneys for the respondent. One of the attorneys is
recognized as the primary attorney (notice attorney). All of the attorneys must file Notices
of Entry of Appearance as Attorney or Representative Before the Immigration Court (Form
EOIR-28), annotated to reflect which attorney is the primary attorney. Only the primary
attorney will receive mailings, including notices of hearings, from the Immigration Court.
All submissions to the Immigration Court must bearthe name of one of the representatives
of record and be signed by that attorney. See subsection (c), above. See also Chapter
3.3(b) (Signatures).
(f) Law firms. - Only individuals, not firms or offices, may represent parties before
the Immigration Court. In every instance of representation, a named attorney must enter
an appearance to act as an attorney of record. In addition, all filings must be signed by an
attorney of record. See Chapter 3.3(b) (Signatures). Accordingly, the Immigration Court
does not recognize appearances or accept pleadings, motions, briefs, or other filings
submitted by a law firm, law office, or other entity if the name and signature of an attorney
of record is not included. See subsection (e), above. See also Chapter 3.3(b)(ii) (Law

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firms). If, at any time, more than one attorney represents an alien, one of the attorneys
must be designated as the primary attorney (notice attorney). See subsection (e), above.

(i) Change in firm. - In the event that an attorney departs a law firm but
wishes to continue representing the alien, the attorney must promptly file a new
Notice of Entry of Appearance of Attorney or Representative Before the Immigration
Court (Form EOIR-28). The new Notice of Appearance must reflect any change of
address and apprize the Immigration Court of his or her change in affiliation. The
attorney should check the "new address" box in the address block of the new Form
EOIR-28, which must be served on the opposing party. See Chapter 3.2 (Service
on the Opposing Party).
(ii) Change in attorney. - If the attorney of record leaves a law firm but the
law firm wishes to retain the case, another attorney in the firm must file a motion for
substitution of counsel. Similarly, if a law firm wishes to reassign responsibility for
a case from one attorney to another attorney in the firm, the new attorney must file
a motion for substitution of counsel. Until such time as a motion for substitution of
counsel is granted, the original attorney remains the alien's attorney and is
responsible for the case. See subsection (i)(i), below.

(g) Service upon counsel. - Service of papers upon counsel of a represented
party constitutes service on the represented party. See 8 C.F.R. § 1292.5(a), Chapter
3.2(f) (Representatives and service).
(h) Address obligations of counsel. _. Attorneys who enter an appearance before
the Immigration Court have an affirmative duty to keep the Immigration Court apprised of
their current address and telephone number. See 8 C.F.R. § 1003.15(d)(2). Changes in
counsel's address or telephone number should be made by filing a written notice notifying
the Immigration Court of the change of address, including the name of the alien and the
alien registration number CA number"). This written notice should be accompanied by a
new Notice of Entry of Appearance of Attorney or Representative Before the Immigration
Court (Form EOIR-28) for each case that is pending and not by an Alien's Change of
Address Form (Form EOIR-33/1C). The written notice should include the name of the alien
and the A number. The attorney also should check the "New Address" box in the address
block on the Form EOIR-28.
(i) No compound changes of address. - Attorneys must submit a
separate written notice and Notice of Entry of Appearance of Attorney or
Representative (Form EOIR-28) for each alien he or she represents.
In
consolidated cases, the attorney only needs to submit one Form EOIR-28 listing all
aliens and their A numbers. See Chapter 4.21 (a) (Consolidated cases). An

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attorney may not simply submit a list of clients for whom his or her change of
address should be entered.

(ii) Address obligations of represented aliens. - Even when an alien is
represented, the alien is still responsible for keeping the Immigration Court apprised
of his or her address and telephone number. Changes of address or telephone
number for the alien may not be made on the Notice of Entry of Appearance of
Attorney or Representative Before the Immigration Court (Form EOIR-28) but must
be made on the Alien's Change of Address Form (Form EOIR-33/IC). See Chapter
2.2(c) (Address obligations).
(i) Change in representation. - Changes in representation may be made as
described in subsections (i) through (iii), below.
(i) Substitution of counsel. - When an alien wishes to substitute a new
attorney for a previous attorney, the new attorney must submit a written or oral
motion for substitution of counsel, accompanied by a Notice of Entry of Appearance
of Attorney or Representative Before the Immigration Court (Form EOIR-28). See
8 C.F.R. § 1003.17(b), Chapter 2.1 (b) (Entering an appearance). If in writing, the
motion should be filed with a cover page labeled "MOTION FOR SUBSTITUTION OF
COUNSEL" and comply with the deadlines and requirements for filing. See Chapter
3 (Filing with the Immigration Court), Appendix F (Sample Cover Page). The motion
should contain the following information:
o

the reason(s) for the substitution of counsel, in conformance
with applicable state bar and other ethical rules

o

evidence that prior counsel has been notified about the motion
for substitution of counsel

o

evidence of the alien's consent to the substitution of counsel

If the motion is in writing, the new counsel should serve a copy of the motion
and executed Form EOIR.,.28 on prior counsel as well as the Department of
Homeland Security. A Proof of Service of the motion and Form EOIR-28 on prior
counsel is sufficient to show that prior counsel has been notified about the motion
to substitute counsel.
In adjudicating a motion for substitution of counsel, the time remaining before
the next hearing and the reason(s) given for the substitution are taken into
consideration. Extension requests based on substitution of counsel are not favored.

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If a motion for substitution of counsel is granted, prior counsel need not file
a motion to withdraw. However, until a motion for substitution of counsel is granted,
the original counsel remains the alien's attorney of record and must appear at all
scheduled hearings.
The granting of a motion for substitution of counsel does not constitute a
continuance of a scheduled hearing. Accordingly, parties must be prepared to
proceed at the next scheduled hearing.

(ii) Withdrawal of counsel. - When an attorney wishes to withdraw from
representing an alien, and the alien has not obtained a new attorney, the attorney
must submit a written or oral motion to withdraw. See 8 C.F.R. § 1003.17(b). If in
writing, the motion should be filed with a cover page labeled "MOTION TO WITHDRAW
AS COUNSEL" and comply with the deadlines and requirements for filing. See
Chapter 3 (Filing with the Immigration Court), Appendix F (Sample Cover Page).
The motion should contain the following information:
o

the reason(s) for the withdrawal of counsel, in conformance
with applicable state bar or other ethical rules

o

the last known address of the alien

o

a statement that the attorney has notified the alien of the
request to withdraw as counselor, if the alien could not be
notified, an explanation of the efforts made to notify the alien
of the request

o

evidence of the alien's consent to withdraw or a statement of
why evidence of such consent is unobtainable

o

evidence that the attorney notified or attempted to notify the
alien, with a recitation of specific efforts made, of (a) pending
deadlines; (b) the date, time, and place of the next scheduled
hearing; (c) the necessity of meeting deadlines and appearing
at scheduled hearings; and (d) the consequences of failing to
meet deadlines or appear at scheduled hearings

In adjudicating a motion to withdraw, the time remaining before the next
hearing and the reason(s) given for the withdrawal are taken into consideration.
Until a motion to withdraw is granted, the attorney who filed the motion
remains the alien's attorney of record and must attend all scheduled hearings.
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(iii) Release of counsel. - When an alien elects to terminate representation
by counsel, the counsel remains the attorney of record until the Immigration Judge
has granted either a motion for substitution of counselor a motion to withdraw, as
appropriate. See subsections (i) and (ii), above.

lj) Appearances lion behalf of." - Appearances "on behalf of' occur when a
second attorney appears on behalf of the attorney of record at a specific hearing before
the Immigration Court. The attorney making the appearance need not work at the same
firm as the attorney of record. Appearances "on behalf of" are distinct from limited
appearances, which are discussed in Chapter2.3(d) (Limited appearances). Appearances
"on behalf of" are permitted as described below.
First, the attorney making the appearance must notify the Immigration Judge on the
record that he or she is appearing on behalf of the attorney of record.
Second, the attorney making the appearance must file a Notice of Entry of
Appearance of Attorney or Representative Before the Immigration Court (Form EOIR-28)
with the Immigration Court and serve it on the opposing party. The Form EOIR-28 must
be clearly annotated on the front page to reflect that the attorney is making an appearance
on behalf of the attorney of record for a specific hearing. In addition, the date and time of
the hearing must be listed.
Third, the appearance on behalf of the attorney of record must be authorized by the
Immigration Judge.
At the hearing, the attorney making the appearance may file documents on behalf
of the alien. The attorney making the appearance cannot file documents on behalf of the
alien at any other time. See Chapters 3.3(b) (Signatures), 3.2 (Service on the Opposing
Party). The attorney of record need not file a new Form EOIR-28 after the hearing.

(k) Attorney misconduct. - The Executive Office for Immigration Review has the
authority to impose disciplinary sanctions upon attorneys and representatives who violate
rules of professional conduct before the Board of Immigration Appeals, the Immigration
Courts, and the Department of Homeland Security. See Chapter 10 (Discipline of
Practitioners). Where an attorney in a case has been suspended from practice before the
Immigration Court and the alien has not retained new counsel, the Immigration Court treats
the alien as unrepresented. In such a case, all mailings from the Immigration Court,
including notices of hearing and orders, are mailed directly to the alien. Any filing from an
attorney who has been suspended from practice before the Immigration Court is rejected.
See Chapter 3.1(d) (Defective filings).

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Accredited Representatives

An accredited representative is a person who is approved by the Board of
Immigration Appeals to represent aliens before the Board, the Immigration Courts, and the
Department of Homeland Security. He or she must be a person of good moral character
who works for a specific nonprofit religious, charitable, social service, or similar
organization which has been recognized by the Board to represent aliens. Accreditation
is valid for a period of up to three years and can be renewed. See 8 C.F.R.
§§ 1292.1(a)(4), 1292.2(d). Accredited representatives must file a Notice of Entry of
Appearance as Attorney or Representative Before the Immigration Court (Form EOIR-28)
in order to represent an individual before the Immigration Court. See Chapter 2.3(c)
(Appearances). Accredited representatives should be careful to use the most current
version of the Form EOIR-28, which is available on the Executive Office for Immigration
Review website at www.usdoLgov/eoir.

(a) Qualifying organizations. - The Board of Immigration Appeals officially
recognizes certain nonprofit religious, charitable, social service, and similar organizations
as legal service providers. See 8 C.F.R. § 1292.2(a), Chapter 2.2(b) (Legal Service
Providers). To be recognized by the Board, an organization must affirmatively apply for
that recognition. Such an organization must establish to the satisfaction of the Board that
its fees are only nominal, that it does not assess excessive membership dues for persons
given assistance, and that it has at its disposal adequate knowledge, information, and
experience in 'immigration law and procedure. The qualifications and procedures for
organizations seeking Board recognition are set forth in the regulations. 8 C.F.R.
§ 1292.2(a), (b). Questions regarding recognition may be directed to the Executive Office
for Immigration Review, Office of the General Counsel. See Appendix B (EOIR Directory).
(b) Qualifying representatives. - The Board of Immigration Appeals accredits
persons of good moral character as representatives of qualifying organizations. See
8 C.F.R. § 1292.2(d). Representatives of the recognized organizations are not
automatically accredited by the Board. Rather, the recognized organization must
affirmatively apply for accreditation on each representative's behalf. See 8 C.F.R.
§ 1292.2(d). No individual may apply on his or her own behalf.
Accreditation is not transferrable from one representative to another, and no
individual retains accreditation upon his or her separation from the recognized
organization.

(c) Immigration specialists. -Accredited representatives should not be confused
with non-lawyer immigration specialists, visa consultants, and "notarios." See Chapter 2.7
(Immigration Specialists). Accredited representatives must be expressly accredited by the

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Board of Immigration Appeals and must be employed by a nonprofit institution specifically
recognized by the Board.
(d) Verification. - To verify that an individual has been accredited by the Board
of Immigration Appeals, the public can either:

o

consult the listing at www.usdoLgov/eoir, or

o

contact the Executive Office for Immigration Review, Office of the
General Counsel (see Appendix B (EOIR Directory))

(e) Applicability of attorney rules. -

Except in those instances set forth in the
regulations and this manual, accredited representatives are to observe the same rules and
procedures as attorneys. See Chapter 2.3 (Attorneys).
(f) Signatures. - Only the accredited representative who is the representative of
record may sign submissions to the Immigration Court. An accredited representative, even
in the same organization, may not sign or file documents on behalf of another accredited
representative. See Chapter 3.3(b) (Signatures).
(g) Representative misconduct. - Accredited representatives must comply with
certain standards of professional conduct. See 8 C.F.R. § 1003.101 et seq.
(h) Request to be removed from list of accredited representatives. - An
accredited representative who no longer wishes to represent aliens should write to the
Chairman of the Board of Immigration Appeals and request to be removed from the list.
See Appendix B (EOIR Directory).

2.5

Law Students and Law Graduates

(a) Generally. - Law students and law graduates (law school graduates who are
not yet admitted to practice law) may appear before the Immigration Court if certain
conditions are met and the appearance is approved by the Immigration Judge.
Recognition by the Immigration Court is not automatic and must be requested in writing.
See 8 C.F.R. § 1292.1(a)(2).
(b) Law students. (i) Notice of Appearance. - A law student must file a Notice of Entry of
Appearance as Attorney or Representative Before the Immigration Court (Form
EOIR-28). The law student should be careful to use the most current version of the
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Form EOIR-28, which is available on the Executive Office for Immigration Review
website at www.usdoj.gov/eoir. He or she should check box 3 on the Form EOIR-28
and provide on the reverse side of the form both the name of the supervising
attorney or accredited representative and that person's business address, if
different from that of the law student
(ii) Representation statement. - A law student wishing to appear before
the Immigration Court must file a statement that he or she is participating in a legal
aid program or clinic conducted by a law school or nonprofit organization and is
under the direct supervision of a faculty member, licensed attorney, or accredited
representative. The statement should also state that the law student is appearing
without direct or indirect remuneration from the alien being represented. Such
statement should be filed with the Notice of Entry of Appearance of Attorney or
Representative Before the Immigration Court (Form EOIR-28). The law student's
supervisor may be required to accompany the law student at any hearing. 8 C.F.R.
§ 1292.1(a)(2).
(c) Law graduates. (i) Notice of Appearance. - A law graduate must file a Notice of Entry of
Appearance as Attorney or Representative Before the Immigration Court (Form
EOIR-28). The law graduate should be careful to use the most current version of
the Form EOIR-28, which is available on the Executive Office for Immigration
Review website at www.usdoLgov/eoir. He or she should check box 3 on the Form
EOIR-28 and provide on the reverse side of the form both the name of the
supervising attorney or accredited representative and that person's business
address, if different from that of the law student
(ii) Representation statement. - A law graduate wishing to appear before
the Immigration Court must file a statement that he or she is under the direct
supervision of a faculty member, licensed attorney, or accredited representative.
The statement should also state that the law graduate is appearing without direct
or indirect remuneration from the alien being represented. Such statement should
be filed with the Notice of Entry of Appearance of Attorney or Representative Before
the Immigration Court (Form EOIR-28). The law graduate's supervisor may be
required to accompany the law graduate at any hearing. 8 C.F.R. § 1292.1(a)(2).
(d) Representative misconduct. - Law students and law graduates must comply
with standards of professional conduct. See 8 C.F.R. § 1003.101 et seq.

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2.6

Paralegals

Paralegals are professionals who assist attorneys in the practice of law. They are
not themselves licensed to practice law and therefore may not represent parties before the
Immigration Court.

2.7

Immigration Specialists

Immigration specialists-who include visa consultants and "notarios'v-are not
authorized to practice law or appear before the Immigration Court. These individuals may
be violating the law by practicing law without a license. As such, they do not qualify either
as accredited representatives or "reputable individuals" under the regulations. See
Chapters 2.4 (Accredited Representatives), 2.9(a) (Reputable individuals).
Anyone, including members of the public, may report instances of suspected
misconduct by immigration specialists to the Executive Office for Immigration Review,
Fraud Program. See Chapter 1.4(b) (EOIR Fraud Program).

2.8

Family Members

If a party is a child, then a parent or legal guardian may represent the child before
the Immigration Court, provided the parent or legal guardian clearly informs the
Immigration Court of their relationship. If a party is an adult, a family member may
represent the party only when the family member has been authorized by the Immigration
Court to do so. See Chapter 2.9(a) (Reputable individuals).

2.9

Others

(a) Reputable individuals. - Upon request, an Immigration Judge has the
discretion to allow a reputable individual to appear on behalf of an alien, if the Immigration
judge is satisfied that the individual is capable of providing competent representation to
the alien. See 8 C.F.R. § 1292.1(a)(3). To qualify as a reputable individual, an individual
must meet all of the following criteria:
o

be a person of good moral character

o

appear on an individual basis, at the request of the alien

o

receive no direct or indirect remuneration for his or her assistance

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o

file a declaration that he or she is not being remunerated for his or her
assistance

o

have a preexisting relationship with the alien (e.g., relative, neighbor,
clergy), except in those situations where representation would
otherwise not be available, and

o

be officially recognized by the Immigration Court

Any individual who receives any sort of compensation or makes immigration
appearances on a regular basis (such as a non-lawyer "immigration specialist," "visa
consultant," or "notario") does not qualify as a "reputable individual" as defined in the
regulations.
To appear before the Immigration Court, a reputable individual must file a Notice of
Entry of Appearance as Attorney or Representative Before the Immigration Court (Form
EOIR-28). The reputable individual should be careful to use the most current version of
the Form EOIR-28, which is available on the Executive Office for lrnmipration Review
website at www.usdoLgov/eoir. He or she should check box 3 on the Form EOIR-28 and
provide on the reverse side of the form the word "REPUTABLE INDIVIDUAL." A person asking
to be recognized as a reputable individual should file a statement attesting to each of the
criteria set forth above. This statement should accompany the Form EOIR-28.
(b) Fellow inmates. - The regulations do not provide for representation by fellow
inmates or other detained persons. Fellow inmates do not qualify under any of the
categories of representatives enumerated in the regulations.
(c) Accredited officials offoreign governments. - An accredited official who is
in the United States may appear before the Immigration Court in his or her official capacity
with the alien's consent. See 8 C.F.R. § 1292.1(a)(5). To appear before the Immigration
Court, an accredited official of a foreign government must file a Notice of Entry of
Appearance as Attorney or Representative Before the Immigration Court (Form EOIR-28).
The accredited official should be careful to use the most current version of the Form
EOIR-28, which is available on the Executive Office for Immigration Review website at
www.usdoLgov/eoir. An accredited official should check box 3 on the Form EOIR-28 and
write on the reverse side of the form the words "ACCREDITED OFFICIAL OF [name of country]."
The individual must also submit evidence verifying his or her status as an accredited official
of a foreign government.

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(d) Former employees of the Department of Justice. - Former employees of
the Department of Justice may be restricted in their ability to appear before the Immigration
Court. See 8 C.F.R. § 1292.1 (c).

(e) Foreign student advisors. - Foreign student advisors, including "Desiqnated
School Officials," are not authorized to appear before the Immigration Court, unless the
advisor is an accredited representative. See Chapter 2.4 (Accredited Representatives).

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3 Filing with the Immigration Court
3.1

Delivery and Receipt

(a) Filing. - Documents are filed either with the Immigration Judge during a hearing
or with the Immigration Court outside of a hearing. For documents filed outside of a
hearing, the filing location is usually the same as the hearing location. However, for some
hearing locations, documents are filed at a separate "Administrative Control Court." See
subsection (i), below, 8 C.F.R. §§ 1003.31, 1003.13.
(i) Administrative Control Courts. - "Administrative Control Courts"
maintain the Records of Proceeding for hearings that take place at certain remote
hearing locations. A list of these locations, and of the Administrative Control Courts
responsible for these locations, is available on the Executive Office for Immigration
Review website at www.usdoj.gov/eoir.
(ii) Shared administrative control. - In some instances, two or more
Immigration Courts share administrative control of cases. Typically, these courts
are located close to one another, and one of the courts is in a prison or other
detention facility. Where courts share administrative control of cases, documents
are filed at the hearing location. Cases are sometimes transferred between the
courts without a motion to change venue. However, if a party wishes for a case to
be transferred between the courts, a motion to change venue is required. See
Chapter 5.10(c) (Motion to change venue). A list of courts with shared
administrative control is available on the Executive Office for Immigration Review
website at www.usdoLgov/eoir.
(iii) Receipt rule. - An application or document is not deemed "filed" until
it is received by the Immigration Court. All submissions received by the Immigration
Court are date-stamped on the date of receipt. Chapter 3.1(c) (Must be "timely").
The Immigration Court does not observe the "mailbox rule." Accordingly, a
document is not considered filed merely because it has been received by the U.S.
Postal Service, commercial courier, detention facility, or other outside entity.
(iv) Postage problems. - All required postage or shipping fees must be
paid by the sender before an item will be accepted by the Immigration Court. When
using a courier or similar service, the sender must properly complete the packing
slip, including the label and billing information. The Immigration Court does not pay
postage due or accept mailings without sufficient postage. Further, the Immigration
Court does not accept items shipped by courier without correct label and billing
information.
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(v) Filings. - Filings sent through the U.S. Postal Service or by courier
should be sent to the Immigration Court's street address. Hand-delivered filings
should be brought to the Immigration Court's public window during that court's filing
hours. Street addresses and hours of operation for the Immigration Courts are
available in on the Executive Office for Immigration Review website at
www.usdoj.gov/eoir. Addresses are also available in Appendix A (Immigration Court
Add resses).

Given the importance of timely filing, parties are encouraged to use courier
or overnight delivery services, whenever appropriate, to ensure timely filing.
However, the failure of any service to deliver a filing in a timely manner does not
excuse an untimely filing. See Chapter 3.1(c)(iii) (Delays in delivery).
(vi) Separate envelopes. - Filings pertaining to unrelated matters should
not be enclosed in the same envelope. Rather, filings pertaining to unrelated
matters should be sent separately or in separate envelopes within a package.
(vii) Faxes and e-mail. - The Immigration Court does not accept faxes or
other electronic submissions unless the transmission has been specifically
requested by the Immigration Court staff or the Immigration Judge. Unauthorized
transmissions are not made part of the record and are discarded without
consideration of the document or notice to the sender.
(viii) E-filing. - The Immigration Court does not have electronic filing, or
"e-filinq," at this time. Although certain forms can be completed on-line, forms must
be printed and submitted as hard copies to the Immigration Court. See Chapter
11 (Forms).
(b) Timing of submissions. - Filing deadlines depend on the stage of
proceedings and whether the alien is detained. Deadlines for filings submitted while
proceedings are pending before the Immigration Court (for example, applications, motions,
responses to motions, briefs, pre-trial statements, exhibits, and witness lists) are as
specified in subsections (i), (ii), and (iii), below, unless otherwise specified by the
Immigration judge. Deadlines for filings submitted after proceedings before the
Immigration Court have been completed are as specified in subsections (iv) and (v), below.

Deadlines for filings submitted while proceedings are pending before the
Immigration Court depend on whether the next hearing is a master calendar or an
individual calendar hearing.
Untimely filings are treated as described in subsection (d)(ii), below. Failure to
timely respond to a motion may result in the motion being deemed unopposed. See
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Chapter 5.13 (Response to Motion). "Day" is constructed as described in subsection (c),
below.

(i) Master calendar hearings. (A) Non-detained aliens. - For master calendar hearings involving
non-detained aliens, filings must be submitted at least fifteen (15) days in
advance of the hearing if requesting a ruling at or prior to the hearing.
Otherwise, filings may be made either in advance of the hearing or in open
court during the hearing.
When a filing is submitted at least fifteen days prior to a master
calendar hearing, the response must be submitted within ten (10) days after
the original filing with the Immigration Court. If a filing is submitted less than
fifteen days prior to a master calendar hearing, the response may be
presented at the master calendar hearing, either orally or in writing.

(B) Detained aliens. - For master calendar hearings involving
detained aliens, filing deadlines are as specified by the Immigration Court.
(ii) Individual calendar hearings. (A) Non-detained aliens. - For individual calendar hearings
involving non-detained aliens, filings must be submitted at least thirty (30)
days in advance of the hearing. This provision does not apply to exhibits or
witnesses offered solely to rebut and/or impeach. Responses to filings that
were submitted in advance of an individual calendar hearing must be filed
within fifteen (15) days after the original filing with the Immigration Court.
(B) Detained aliens. - For individual calendar hearings involving
detained aliens, filing deadlines are as specified by the Immigration Court.
(iii) Asylum applications. - Asylum applications are categorized as either
"defensive" or "affirmative." A defensive asylum application is filed with the
Immigration Court by an alien already in proceedings. An affirmative asylum
application is filed with the Department of Homeland Security (DHS) Asylum Office
by an alien not in removal proceedings. If the DHS Asylum Office declines to grant
an affirmative asylum application, removal proceedings may be initiated. In that
case, the asylum application is referred to an Immigration Judge, who may grant or
deny the application. See 8 C.F.R. § 1208.4.

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An alien filing an application for asylum should be mindful that the application
must be filed within one year after the date of the alien's arrival in the United States,
unless certain exceptions apply. INA § 208(a)(2)(B), 8 C.F.R. § 1208.4(a)(2).
(A) Defensive applications. - Defensive asylum applications are
filed in open court at a master calendar hearing.
(B) Affirmative applications. - Affirmative asylum applications
referred to an Immigration Court by the DHS Asylum Office are contained in
the Record of Proceedings. Therefore, there is no need for the alien to refile the application with the Immigration Court. After being placed in
Immigration Court proceedings, the alien may amend his or her asylum
application. For example, the alien may submit amended pages of the
application, as long as all changes are clearly reflected. Such amendments
must be filed by the usual filing deadlines, provided in subsection (b)(i),
above. The amendment should be accompanied by a cover page with an
appropriate caption, such as "AMENDMENT TO PREVIOUSLY FILED ASYLUM
APPLICATION." See Appendix F (Sample Cover Page).
(iv) Reopening and reconsideration. - Deadlines for filing motions to
reopen and motions to reconsider with the Immigration Court are governed by
statute and regulation. See Chapter 5 (Motions). Responses to such motions are
due within fifteen (15) days after the motion was received by the Immigration Court,
unless otherwise specified by the Immigration Judge.
(v) Appeals. - Appeals must be received by the Board of Immigration
Appeals no laterthan 30 calendar days after the Immigration Judge renders an oral
decision or mails a written decision. See 8 C.F.R. § 1003.38, Chapter 6 (Appeals
of Immigration Judge Decisions).
(vi) Specific deadlines. listed in Appendix D (Deadlines).

The deadlines for specific types of filings are

(c) Must be "timely." - The Immigration Court places a date stamp on all
documents it receives. Absent persuasive evidence to the contrary, the Immigration
Court's date stamp is controlling in determining whether a filing is "timely." Because filings
are date-stamped upon arrival at the Immigration Court, parties should file documents as
far in advance of deadlines as possible.
(i) Construction of "day." - All filing deadlines are calculated in calendar
days. Thus, unless otherwise indicated, all references to "days" in this manual refer
to calendar days rather than business days.
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(ii) Computation of time. calculate deadlines.

Chapter 3
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Parties should use the following guidelines to

(A) Deadlines on specific dates. - A filing may be due by a specific
date. For example, an Immigration Judge may require a party to file a brief
by June 21, 2008. If such a deadline falls on a Saturday, Sunday, or legal
holiday, the deadline is construed to fall on the next business day.
(B) Deadlines prior to hearings. - A filing may be due a specific
period of time prior to a hearing. For example, a party may be required to file
a document at least 30 days before an individual calendar hearing. In such
cases, the day of the hearing counts as "day 0" and the day before the
hearing counts as "day 1." Because deadlines are calculated using calendar
days, Saturdays, Sundays, and legal holidays are counted. If, however, such
a deadline falls on a Saturday, Sunday, or legal holiday, the deadline is
construed to fall on the next business day.
(C) Deadlines following hearings. - A filing may be due within a
specific period of time following a hearing. For example, a party may be
required to file a document within 15 days after a master calendar hearing.
In such cases, the day of the hearing counts as "day 0" and the day following
the hearing counts as "day 1." Because deadlines are calculated using
calendar days, Saturdays, Sundays, and legal holidays are counted. If,
however, such a deadline falls on a Saturday, Sunday, or legal holiday, the
deadline is construed to fall on the next business day.
(D) Deadlines following Immigration Judges' decisions. Pursuant to statute or regulation, a filing may be due within a specific period
of time following an Immigration Judge's decision. For example, appeals,
motions to reopen, and motions to reconsider must be filed within such
deadlines. See 8 C.F.R. §§ 1003.38(b), 1003.23. In such cases, the day the
Immigration Judge renders an oral decision or mails a written decision
counts as "day 0." The following day counts as "day 1." Statutory and
regulatory deadlines are calculated using calendar days. Therefore,
Saturdays, Sundays, and legal holidays are counted. If, however, a statutory
or regulatory deadline falls on a Saturday, Sunday, or legal holiday, the
deadline is construed to fall on the next business day.
(E) Deadlines for responses. - A response to a filing may be due
within a specific period of time following the original filing. For example, a
party may be required to file a response to a motion within 15 days after the
motion was filed with the Immigration Court. In such cases, the day the
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original filing is received by the Immigration Court counts as "day D." The
following day counts as "day 1." Because deadlines are calculated using
calendar days, Saturdays, Sundays, and legal holidays are counted. If,
however, such a deadline falls on a Saturday, Sunday, or legal holiday, the
deadline is construed to fall on the next business day.
(iii) Delays in delivery. - Postal or delivery delays do not affect existing
deadlines. Parties should anticipate all postal or delivery delays, whether a filing is
made by first class mail, priority mail, or overnight or guaranteed delivery service.
The Immigration Court does not excuse untimeliness due to postal or delivery
delays, except in rare circumstances. See Chapter 3.1(a)(iii) (Receipt rule).
(iv) Motions for extensions of filing deadlines. - Immigration Judges
have the authority to grant motions for extensions of filing deadlines that are not set
by regulation. A deadline is only extended upon the granting of a motion for an
extension. Therefore, the mere filing of a motion for an extension does not excuse
a party's failure to meet a deadline. Unopposed motions for extensions are not
automatically granted.
(A) Policy. - Motions for extensions are not favored. In general,
conscientious parties should be able to meet filing deadlines. In addition,
every party has an ethical obligation to avoid delay.
(B) Deadline. - A motion for an extension should be filed as early as
possible, and must be received by the original filing deadline.
(C) Contents. - A motion for an extension should be filed with a
cover page labeled "MOTION FOR EXTENSION" and comply with the
requirements for filing. See Chapter 3 (Filing with the Immigration Court),
Appendix F (Sample Cover Page). A motion for an extension should clearly
state:

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o

when the filing is due

o

the reasons(s) for requesting an extension

o

that the party has exercised due diligence to meet the
current filing deadline

o

that the party will meet a revised deadline

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o

(d) Defective filings. untimely filing, or both.

if the parties have communicated, whether the other
party consents to the extension
Filings may be deemed defective due to improper filing,

(i) Improper filings. - If an application, motion, brief, exhibit, or other
submission is not properly filed, it is rejected by the Immigration Court with an
explanation for the rejection. Parties wishing to correct the defect and refile after
a rejection must do so by the original deadline, unless an extension has been
granted by the Immigration Court. See Chapters 3.1(b) (Timing of submissions),
3.1(c) (Must be "timely"). See also subsection (ii), below. The term "rejected"
means that the filing is returned to the filing party because it is defective and
therefore will not be considered by the Immigration Judge. It is not an adjudication
of the filing or a decision regarding its content. Examples of improper submissions
include:
o

if a fee is required, failure to submit a fee receipt or fee waiver
request

o

failure to include a proof of service upon the opposing party

o

failure to comply with the language, signature, and format
requirements

o

illegibility of the filing

If a document is improperly filed but not rejected, the Immigration Judge
retains the authority to exclude it from evidence or take other appropriate action.
(ii) Untimely filings. -If a submission is untimely, it will not be considered,
except as provided in subsection (iii), below. Accordingly, parties should be mindful
of the requirements regarding timely filings. See Chapters 3.1(b) (Timing of
submissions), 3.1(c) (Must be "timely").

Acceptance of an untimely filing by the Immigration Court does not mean that
the filing will be admitted into evidence or otherwise considered by the Immigration
Judge. Untimely filings are generally treated as follows:
o

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o

if a motion is untimely, it is denied

o

if a brief or pre-trial statement is untimely, the issues in
question are deemed waived or conceded

o

if an exhibit is untimely, it is not entered into evidence

o

if a witness list is untimely, the witnesses on the list are barred
from testifying

o

if a response to a motion is untimely, the motion is deemed
unopposed

(iii) Motions to accept untimely filings. -If a party wishes the Immigration
Judge to consider a filing despite its untimeliness, it must be accompanied by a
motion to accept the untimely filing. A motion to accept an untimely filing must
explain the reasons for the late filing and show good cause for acceptance of the
filing. In addition, the motion must include documentary evidence, such as affidavits
and declarations under the penalty of perjury. If the submission is an exhibit, the
motion should demonstrate that the exhibit is material and could not have been
discovered or presented before the filing deadline. If a witness list, the motion
should demonstrate that the witness's testimony is material and was not available
and could not have been discovered or presented by the filing deadline.

(iv) Natural or manmade disasters. - Natural or manmade disasters may
occur that create unavoidable filing delays. Parties wishing to file untimely
documents after a disaster must comply with the requirements of subsection (iii),
above.

(e) Filing receipts. - The Immigration Court does not issue receipts for filings.
Parties are encouraged, however, to obtain and retain corroborative documentation of
delivery, such as mail delivery receipts or courier tracking information. As a precaution,
parties should keep copies of all items sent to the Immigration Court.
(f) Conformed copies. - A time-and-date stamp is placed on each filing received
by the Immigration Court. If the filing party desires a "conformed copy" (i.e., a copy of the
filing bearing the Immigration Court's time-and-date stamp), the original must be
accompanied by an accurate copy of the filing, prominently marked "CONFORMED COPY;
RETURN TO SENDER." If the filing is voluminous, only a copy of the cover page and table
of contents needs to be submitted for confirmation. The filing must also contain a selfaddressed stamped envelope or comparable return delivery packaging. The Immigration
Court does not return conformed copies without a prepaid return envelope or packaging.
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3.2

Chapter 3
Filing with the Immigration Court

Service on the Opposing Party

(a) Service requirements. -

For all filings before the Immigration Court, a party

must:
o

provide, or "serve," an identical copy on the opposing party (or, if the
party is represented, the party's representative), and

o

except for filings served during a hearing or jointly-filed motions
agreed upon by all parties, declare in writing that a copy has been
served

The written declaration is called a "Proof of Service," also referred to as a
"Certificate of Service." See subsection (e), below, Appendix G (Sample Proof of Service).
See also 8 C.F.R. §§ 1003.17(a), 1003.23(b)(1 )(ii), 1003.32(a).
(b) Whom to serve. - For all filings before the Immigration Court, the opposing
party must be served. For an alien in proceedings, the opposing party is the Department
of Homeland Security (DHS). In most instances, a DHS Chief Counselor a specific DHS
Assistant Chief Counsel is the designated officer to receive service. Parties may contact
the Immigration Court for the DHS address. The opposing party is never the Immigration
Judge or Immigration Court.
(c) Method of service. - Service on the opposing party may be accomplished by
hand-delivery, by U.S. Postal Service, or by commercial courier. Where service on the
opposing party is accomplished by hand-delivery, service is complete when the filing is
hand-delivered to a responsible person at the address of the individual being served.
Where service on the opposing party is accomplished by U.S. Postal Service or
commercial courier, service is complete when the filing is deposited with the U.S. Postal
Service or the commercial courier. Note that this rule differs from the rule for filings-filings
with the Immigration Court are deemed complete when documents are received by the
court, not when documents are mailed. See Chapter 3.1(a)(iii) (Receipt Rule).
(d) Timing of service. - The Proof of Service must bear the actual date of
transmission and accurately reflect the means of transmission (e.g., hand delivery, regular
mail, overnight mail, commercial courier, etc.). Service must be calculated to allow the
other party sufficient opportunity to act upon or respond to served material.

(e) Proof of Service. - A Proof of Service is required for all filings, except filings
served on the opposing party during a hearing or jointly-filed motions agreed upon by all
parties. See 8 C.F.R. § 1003.17(a), 1003.23(b)(1 )(ii), 1003.32(a). See also Appendix G
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(Sample Proof of Service). When documents are submitted as a package, the Proof of
Service should be placed at the bottom of the package.
(i) Contents of Proof of Service. - A Proof of Service must state:

o

the name or title of the party served

o

the precise and complete address of the party served

o

the date of service

o

the means of service (e.g., hand delivery, regular mail,
overnight mail, commercial courier, etc.)

o

the document or documents being served

A Proof of Service must contain the name and signature of the person
serving the document. A Proof of Service may be signed by an individual
designated by the filing party, unlike the document(s) being served, which
must be signed by the filing party.
(ii) Certificates of Service on applications. - Certain forms, such as the
Application for Cancellation of Removal for Certain Permanent Residents
(Form EOIR-42A), contain a Certificate of Service, which functions as a Proof of
Service. Such a Certificate of Service only functions as a Proof of Service for the
form on which it appears, not for any supporting documents filed with the form. If
supporting documents are filed with an application containing a Certificate of
Service, a separate Proof of Service for the entire submission must be included.
(f) Representatives and service. (i) Service on a representative. - Service on a representative constitutes
service on the person or entity represented. If an alien is represented by an
attorney, the Department of Homeland Security must serve the alien's attorney but
need not serve the alien. See 8 C.F.R. § 1292.5(a), Chapter 2 (Appearances
before the Immigration Court).
(ii) Service by a represented alien. - Whenever a party is represented, the
party should submit all filings and communications to the Immigration Court through
the representative. See 8 C.F.R. § 1292.5(a), Chapter 2.1 (Representation
Generally).

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(g) Proof of Service and Notice of Appearance. - All filings with the Immigration
Court must include a Proof of Service that identifies the item being filed, unless served
during a hearing. Thus, a completed Proof of Service on a Notice of Entry of Appearance
of Attorney or Representative Before the Immigration Court (Form EOIR-28) does not
constitute Proof of Service of documents accompanying the Form EOIR-28.

Documents

3.3

(a) Language and certified translations. - All documents filed with the
Immigration Court must be in the English language or accompanied by a certified English
translation. See 8 C.F.R. §§ 1003.33, 1003.23(b)(1)(I). An affidavit or declaration in
English by a person who does not understand English must include a certificate of
interpretation stating that the affidavit or declaration has been read to the person in a
language that the person understands and that he or she understood it before signing.

A certification of translation of a foreign-language document or declaration must be
typed, signed by the translator, and attached to the foreign-language document. A
certification must include a statement that the translator is competent to translate the
language of the document and that the translation is true and accurate to the best of the
translator's abilities. If the certification is used for multiple documents, the certification
must specify the documents. The translator's address and telephone number must be
included. See Appendix H (Sample Certificate of Translation).
(b) Signatures. - No forms, motions, briefs, or other submissions are properly filed
without an original signature from either the alien, the alien's representative, or a
representative of the Department of Homeland Security. A Proof of Service also requires
a signature but may be filed by someone designated by the filing party. See Chapter 3.2(e)
(Proof of Service).

A signature represents a certification by the signer that: he or she has read the
document; to the best of his or her knowledge, information, and belief formed after
reasonable inquiry, the document is grounded in fact; the document is submitted in good
faith; and the document has not been filed for any improper purpose. See 8 C.F.R.
§ 1003.1020)(1). A signature represents the signer's authorization, attestation, and
accountability. Every signature must be accompanied by the typed or printed name.
(i) Simulated signatures. - Signature stamps and computer-generated
signatures are not acceptable on documents filed with the Immigration Court.
These signatures do not convey the signer's personal authorization, attestation, and
accountability for the filing. See also Chapters 3.1(a) (Filing), 3.3(d) (Originals and
reproductions).
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(ii) Law firms. - Except as provided in Chapter 2.30) (Appearances "on
behalf of"), only an attorney of record-not a law firm, law office, or other
attorney-may sign a submission to the Immigration Court. See Chapters 2.3(c)
(Appearances), 2.3(e) (Multiple representatives), 2.3(f) (Law firms).
(iii) Accredited representatives. - Accredited representatives must sign
their own submissions. See Chapter 2.4(f) (Signatures).
(iv) Paralegals and other staff. - Paralegals and other staff are not
authorized to practice before the Immigration Court and may not sign a submission
to the Immigration Court. See Chapter 2.6 (Paralegals). However, a paralegal may
sign a Proof of Service when authorized by the filing party. See Chapter 3.2(e)
(Proof of Service).
(v) Other representatives. - Only those individuals who have been
authorized by the Immigration Court to represent a party and have submitted a
Notice of Entry of Appearance of Attorney or Representative Before the Immigration
Court (Form EOIR-28) may sign submissions to the Immigration Court. See
Chapters 2.5 (Law students and Law Graduates), 2.9 (Others).
(vi) Family members. - A family member may sign submissions on behalf
of a party only under certain circumstances. See Chapter 2.8 (Family Members).
(c) Format. - The Immigration Court prefers all filings and supporting documents
to be typed, but will accept handwritten filings that are legible. Illegible filings will be
rejected or excluded from evidence. See Chapter 3.1(d) (Defective filings). All filings must
be signed by the filing party. See Chapter 3.3(b) (Signatures).
(i) Order of documents. - Filings should be assembled as follows. All
forms should be filled out completely. If a Notice of Entry of Appearance of Attorney
or Representative Before the Immigration Court (Form EOIR-28) is required, it
should be submitted at the front of the package. See Chapter 2.1(b) (Entering an
appearance).
(A) Applications for relief. -An application package should comply
with the instructions on the application. The application package should
contain (in order):
(1)
(2)
(3)

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Form EOIR-28 (if required)
cover page
if applicable, fee receipt (stapled to the application) or motion
for a fee waiver
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(4)
(5)
(6)

application
proposed exhibits (if any) with table of contents)
Proof of Service

See Chapters 2.1(b) (Entering an appearance), 3.2(e) (Proof of Service),
3.3(c)(vi) (Cover page and caption), 3.3(e)(ii) (Publications as evidence), 3.4
(Filing Fees).
(B) Proposed exhibits. - If proposed exhibits are not included as
part of an application package, the proposed exhibit package should contain
(in order):
(1)
(2)
(3)
(4)
(5)

Form EOIR-28 (if required)
cover page
table of contents
proposed exhibits
Proof of Service

See Chapters 2.1(b) (Entering an appearance), Chapters 3.2(e) (Proof of
Service), 3.3(c)(vi) (Cover page and caption), 3.3(e)(ii) (Publications as
evidence), 3.4 (Filing Fees).
(C) Witness list. - A witness list package should contain (in order):
(1)
(2)
(3)
(4)

Form EOIR-28 (if required)
cover page
witness list (in compliance with the requirements of Chapter
3.3(g) (Witness lists))
Proof of Service

See Chapters 2.1(b) (Entering an appearance), 3.2(e) (Proof of Service),
3.3(c)(vi) (Cover page and caption).
(D) Motions to reopen. - A motion package for a motion to reopen
should contain (in order):
(1)
(2)
(3)
(4)
(5)
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Form EOIR-28
cover page
if applicable, fee receipt (stapled to the motion or application)
or motion for a fee waiver
motion to reopen
a copy of the Immigration Judge's decision
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(6)
(7)
(8)
(9)
(10)
(11)

if applicable, a motion brief
if applicable, a copy of the application for relief
supporting documentation (if any) with table of contents
Alien's Change of Address Form (Form EOIR-33/1C)
(recommended even if the alien's address has not changed)
a proposed order for the Immigration Judge's signature
Proof of Service

See Chapters 2.1(b) (Entering an appearance), 2.2(c)(iii) (Motions), 3.2(e)
(Proof of Service), 3.3(c)(vi) (Cover page and caption), 3.3(e)(ii) (Publications
as evidence), 3.4 (Filing Fees), 5 (Motions before the Immigration Court).
(E) Motions to reconsider. reconsider should contain (in order):

(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)

A motion package for a motion to

Form EOIR-28
cover page
if applicable, fee receipt (stapled to the motion or application)
or motion for a fee waiver
motion to reconsider
a copy of the Immigration Judge's decision
if applicable, a motion brief
if applicable, a copy of the application for relief
supporting documentation (if any) with table of contents
Alien's Change of Address Form (Form EOIR-33/1C)
(recommended even if the alien's address has not changed)
a proposed order for the Immigration Judge's signature
Proof of Service

See Chapters 2.1(b) (Entering an appearance), 2.2(c)(iii) (Motions), 3.2(e)
(Proof of Service), 3.3(c)(vi) (Cover page and caption), 3.3(e)(ii) (Publications
as evidence), 3.4 (Filing Fees), 5 (Motions before the Immigration Court).
(F) Other filings. - Other filing packages, including pre-decision
motions and briefs, should contain (in order):

(1)
(2)
(3)
(4)
(5)
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Form EOIR-28 (if required)
cover page
if applicable, fee receipt (stapled to the filing) or motion for a
fee waiver
the filing
supporting documentation (if any) with table of contents
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(6)
(7)

if a motion, a proposed order for the Immigration JUdge's
signature
Proof of Service

See Chapters 2.1 (b) (Entering an appearance), 3.2(e) (Proof of Service),
3.3(c)(vi) (Cover page and caption), 3.3(e)(ii) (Publications as evidence), 3.4
(Filing Fees).

(ii) Number of copies. -

Except as provided in subsection (A) and (8),
below, only the original of each application or other submission must be filed with
the Immigration Court. For all filings, a copy must be served on the opposing party.
See Chapter 3.2 (Service on the Opposing Party). Multiple copies of a filing (e.g.,
a brief, motion, proposed exhibit, or other supporting documentation) should not be
filed unless otherwise instructed by the Immigration Judge.

(A) Defensive asylum applications. - For defensive asylum
applications, parties must submit to the Immigration Court the original
application and one copy. The copy submitted to the court is sent to the
Department of State for review, in accordance with 8 C.F.R. § 1208.11. See
Chapter 3.1 (b)(ii)(A) (Defensive applications). In addition, a copy must be
served on the opposing party. See Chapter 3.2 (Service on the Opposing
Party).
(B) Consolidated cases. -

In consolidated cases, parties should
submit a separate copy of each submission for placement in each individual
Record of Proceedings. However, a "master exhibit" may be filed in the lead
individual's file for exhibits and supporting documentation applicable to more
than one individual, with the approval of the Immigration Judge.

(iii) Pagination and table of contents. - All documents, including briefs,
motions, and exhibits, should always be paginated by consecutive numbers placed
at the bottom center or bottom right hand corner of each page.
Whenever proposed exhibits or supporting documents are submitted, the
filing party should include a table of contents with page numbers identified. See
Appendix P (Sample Table of Contents).
If a party submits more than one filing in a proceeding, the page numbers
in later filings should be consecutive with those in the earlier filings. For example,
if the respondent has filed a set of documents with page numbers 1 through 50, the
next submission of documents should begin with page 51.

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Where a party is filing more than one application, the party is encouraged to
submit a separate evidence package, with a separate table of contents, for each
application.
(iv) Tabs. - Parties should use alphabetic tabs, commencing with the letter
"A." The tabs should be affixed to the right side of the pages. In addition, parties
should carefully follow the pagination and table of contents guidelines in subsection
(iii), above.
(v) Paper size and document quality. - All documents should be
submitted on standard 8 %" x 11" paper, in order to fit into the Record of
Proceedings. See 8 C.F.R. § 1003.32(b). The use of paper of other sizes,
including legal-size paper ( 8 %" x 14"), is discouraged. If a document is smaller
than 8 %" x 11", the document should be affixed to an 8 %" x 11" sheet of paper or
enlarged to 8 %" X 11". If a document is larger than 8 %" x 11", the document
should be reduced in size by photocopying or other appropriate means, as
authorized by the Immigration Judge. This provision does not apply to documents
whose size cannot be altered without altering their authenticity. All documents must
be legible. Copies that are so poor in quality as to be illegible may be rejected or
excluded from evidence. See Chapter 3.1(d) (Defective filings).
Paper should be of standard stock - white, opaque, and unglazed. Given
its fragility and tendency to fade, photo-sensitive facsimile paper should never be
used. Ink should be dark, preferably black.
Briefs, motions, and supporting documentation should be single-sided.
(vi) Coverpage and caption. - All filings should include a cover page. The
cover page should include a caption and contain the following information:
o

the name and address of the filing party

o

the title of the filing (such as "RESPONDENTS APPLICATION FOR
CANCELLATION OF REMOVAL," "OHS
I'RESPONDENTS MOTION TO REOPEN")

WITNESS

LIST,"

o

the full name for each alien covered by the filing (as it appears
on the charging document)

o

the alien registration number ("A number") for each alien
covered by the filing (if an alien has more than one A number,

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all the A numbers should appear on the cover page with a
clear notation that the alien has multiple A numbers)
o

the type of proceeding involved (such as removal, deportation,
exclusion, or bond)

o

the date and time of the hearing

See Appendix F (Sample Cover Page). If the filing involves special circumstances,
that information should appear prominently on the cover page, preferably in the top
right corner and highlighted (e.g., "DETAINED," "JOINT MOTION," "EMERGENCY
MOTION").

(vii) Fonts and spacing. - Font and type size must be easily readable.
"Times Roman 12 point" font is preferred. Double-spaced text and single-spaced
footnotes are also preferred. Both proportionally spaced and monospaced fonts are
acceptable.
(viii) Binding. - The Immigration Court and the Board of Immigration
Appeals use a two-hole punch system to maintain files. All forms, motions, briefs,
and other submissions should always be pre-punched with holes along the top
(centered and 2 %" apart). Submissions may be stapled in the top left corner. If
stapling is impracticable, the use of removable binder clips is encouraged.
Submissions should neither be bound on the side nor commercially bound, as such
items must be disassembled to fit into the record of proceedings and might be
damaged in the process. The use of ACCO-type fasteners and paper clips is
discouraged.
(ix) Forms. - Forms should be completed in full and must comply with
certain requirements. See Chapter 11 (Forms). See also Appendix E (Forms).
(d) Originals and reproductions. (i) Briefs and motions. - The original of a brief or motion must always bear
an original signature. See Chapter 3.3(b) (Signatures).
(ii) Forms. - The original of a form must always bear an original signature.
See Chapters 3.3(b) (Signatures), 11.3 (Submitting completed forms). In certain
instances, forms must be signed in the presence of the Immigration Judge.

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(iii) Supporting documents. - Photocopies of supporting documents,
rather than the originals, should be filed with the Immigration Court and served on
the Department of Homeland Security (DHS). Examples of supporting documents
include identity documents, photographs, and newspaper articles.
If supporting documents are filed at a master calendar hearing, the alien
must make the originals available to DHS at the master calendar hearing for
possible forensics examination at the Forensics Documents Laboratory. In addition,
the alien must bring the originals to all individual calendar hearings.
If supporting documents are filed after the master calendar hearing(s), the
filing should note that originals are available for review. In addition, the alien must
bring the originals to all individual calendar hearings.
The Immigration Judge has discretion to retain original documents in the
Record of Proceedings. The Immigration Judge notes on the record when original
documents are turned over to DHS or the Immigration Court.
(iv) Photographs. - If a party wishes to submit a photograph, the party
should follow the guidelines in subsection (iii), above. In addition, prior to bringing
the photograph to the Immigration Court, the party should print identifying
information, including the party's name and alien registration number (A number),
on the back of the original photograph.
(e) Source materials. - Source materials should be provided to the Immigration
Court and highlighted as follows.
(i) Source of law. - When a party relies on a source of law in any filing
(e.g., a brief, motion, or pre-trial statement) that is not readily available, that source
of law should be reproduced and provided to the Immigration Court and the other
party, along with the filing. Similarly, if a party relies on governmental memoranda,
legal opinions, advisory opinions, communiques, or other ancillary legal authority or
sources in any filing, copies of such items should be provided to the Immigration
Court and the other party, along with the filing.
(ii) Publications as evidence. - When a party submits published material
as evidence, that material must be clearly marked with identifying information,
including the precise title, date, and page numbers. If the publication is difficult to
locate, the submitting party should identify where the publication can be found and
authenticated.

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In all cases, the party should submit title pages containing identifying
information for published material (e.g., author, year of publication). Where a title
page is not available, identifying information should appear on the first page of the
document. For example, when a newspaper article is submitted, the front page of
the newspaper, including the name of the newspaper and date of publication,
should be submitted where available, and the page on which the article appears
should be identified. If the front page is not available, the name of the newspaper
and the publication date should be identified on the first page of the submission.
Copies of State Department Country Reports on Human Rights Practices, as
well as the State Department Annual Report on International Religious Freedom,
must indicate the year of the particular report.
(iii) Internet publications. - When a party submits an internet publication
as evidence, the party should follow the guidelines in subsection (ii), above, as well
as provide the complete internet address for the material.
(tv) Highlighting. - When a party submits secondary source material
Cbackground documents"), that party should highlight or otherwise indicate the
pertinent portions of that secondary source material. Any specific reference to a
party should always be highlighted.

(f) Criminal conviction documents. - Documents regarding criminal convictions
must comport with the requirements of 8 C.F.R. § 1003.41. Where the respondent has
multiple criminal arrests, prosecutions, or convictions, the party with the burden of proof
must submit a criminal history chart and attach all pertinent documentation, such as arrest
and conviction records. The criminal history chart should contain the following information
for each arrest:
o

arrest date

o

court docket number

a

charges

a

disposition

o

immigration consequences, if any

The documentation should be paginated, with the corresponding pages indicated on the
criminal history chart. See Appendix 0 (Sample Criminal History Chart).

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(g) Witness lists. - A witness list should include the following information for each
witness, except the respondent:

3.4

o

the name of the witness

o

if applicable, the alien registration number ("A number")

o

a written summary of the testimony

o

the estimated length of the testimony

o

the language in which the witness will testify

o

a curriculum vitae or resume, if called as an expert

Filing Fees

(a) Where paid. - Fees for the filing of motions and applications for relief with the
Immigration Court, when required, are paid to the Department of Homeland Security as set
forth in 8 C.F.R. § 1103.7. The Immigration Court does not collect fees. See 8 C.F.R.
§§ 1003.24,1103.7.
(b) Filing fees for motions. (i) When required. -

The following motions require a filing fee:

o

a motion to reopen (except a motion that is based exclusively
on a claim for asylum)

o

a motion to reconsider (except a motion that is based on an
underlying claim for asylum)

8 C.F.R. §§ 1003.23(b)(1), 1003.24, 1103.7. For purposes of determining
filing fee requirements, the term "asylum" here includes withholding of removal
("restriction on removal"), withholding of deportation, and claims under the
Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.
Where a filing fee is required, the filing fee must be paid in advance to the
Department of Homeland Security and the fee receipt must be submitted with the
motion.
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If a filing party is unable to pay the fee, he or she should request that the fee
be waived. See subsection (d), below.
(ii) When not required. - The following motions do not require a filing fee:
o

a motion to reopen that is based exclusively on a claim for
asylum

o

a motion to reconsider that is based on an underlying a claim
for asylum

o

a motion filed while proceedings are pending before the
Immigration Court

o

a motion requesting only a stay of removal, deportation, or
exclusion

o

a motion to recalendar

o

any motion filed by the Department of Homeland Security

o

a motion that is agreed upon by all parties and is jointly filed
("joint motion")

o

a motion to reopen a removal order entered in absentia if the
motion is filed under INA § 240(b)(5)(C)(ii)

o

a motion to reopen a deportation order entered in absentia if
the motion is filed under INA § 242B(c)(3)(B), as it existed prior
to April 1, 1997

o

a motion filed under law, regulation, or directive that
specifically does not require a filing fee

8 C.F.R. §§ 1003.23(b)(1), 1003.24, 1103.7. For purposes of determining
filing fee requirements, the term "asylum" here Includes withholding of removal
("restriction on removal"), withholding of deportation, and claims under the
Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment.

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(c) Application fees. (i) When required. - When an application for relief that requires a fee is
filed during the course of proceedings, the fee for that application must be paid in
advance to the Department of Homeland Security (DHS). Instructions for paying
application fees can be found in the DHS biometrics instructions, which are
available on the Executive Office for Immigration Review website at
www.usdoj.gov/eoir. A fee receipt must be submitted when the application is filed
with the Immigration Court.
If a filing party is unable to pay the fee, the party should file a motion for a fee
waiver. See subsection (d), below.
(ii) When not required. - When an application for relief that requires a fee
is the underlying basis of a motion to reopen, the fee for the application need not
be paid to the Department of Homeland Security (DHS) in advance of the motion
to reopen. Rather, only the fee for the motion to reopen must be paid in advance.
The fee receipt for the motion to reopen must be attached to that motion. See
subsection (b)(i), above. If the motion to reopen is granted, the fee for the
underlying application must then be paid to DHS and that fee receipt must be
submitted to the Immigration Court. See Chapter 3.1(c) (Must be "timely").

(d) When waived. - When a fee to file an application or motion is required, the
Immigration JUdge has the discretion to waive the fee upon a showing that the filing party
is unable to pay the fee. However, the Immigration JUdgewill not grant a fee waiver where
the application for relief is a Department of Homeland Security (DHS) form and DHS
regulations prohibit the waiving of such fee. See 8 C.F.R. §§ 103.7, 1103.7.
Fee waivers are not automatic. The request for a fee waiver must be accompanied
by a properly executed affidavit or unsworn declaration made pursuant to 28 U.S.C.
§ 1746, substantiating the filing party's inability to pay the fee. If a filing is submitted
without a required fee and the request for a fee waiver is denied, the filing will be deemed
defectively filed and may be rejected or excluded from evidence. See Chapter 3.1(d)
(Defective filings).
Fees are not reimbursed merely because the application or motion is granted.

(e) Amount of payment. (i) Motions to reopen or reconsider. - When a filing fee is required, the
fee for motions to reopen or reconsider is $110. 8 C.F.R. § 1103.7(b)(2). The fee

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is paid to the Department of Homeland Security in advance. The fee receipt and
motion are then filed with the Immigration Court.

(ii) Applications for relief. - Application fees are found in the application
instructions and in the federal regulations. See 8 C.F.R. §§ 103.7, 1103.7(b)(1).
See also Chapter 11 (Forms), Appendix E (Forms).
(iii) Background and security checks. - The Department of Homeland
Security (DHS) biometrics fee is found in the DHS biometrics instructions provided
to the aliens in the Immigration Court. 8 C.F.R. § 1003.47(d). The Immigration
Judge cannot waive the DHS biometrics fee.
(f) Payments in consolidated proceedings. (i) Motions to reopen and reconsider. - Only one motion fee should be
paid in a consolidated proceeding. For example, if several aliens in a consolidated
proceeding file simultaneous motions to reopen, only one motion fee should be
paid.
(ii) Applications for relief. - To determine the amount of the fee to be paid
for applications filed in consolidated proceedings, the parties should follow the
instructions on the application. In some cases, a fee is required for each
application. For example, if each alien in a consolidated proceeding wishes to apply
for cancellation of removal, a fee is required for each application.
(g) Form of payment. - When a fee is required to file an application for relief or
a motion to reopen or reconsider, the fee is paid to the Department of Homeland Security
and the form of the payment is governed by federal regulations. See 8 C.F.R. § 103.7.
(h) Defective or missing payment. - If a fee is required to file an application for
relief or motion but a fee receipt is not submitted to the Immigration Court (for example,
because the fee was not paid in advance to the Department of Homeland Security), the
filing is defective and may be rejected or excluded from evidence. If a fee is not paid in the
correct amount or is uncollectible, the filing is defective and may be rejected or excluded
from evidence. See Chapter 3.1(d) (Defective filings).

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4 Hearings before Immigration Judges
4.1

Types of Proceedings

Immigration Judges preside over courtroom proceedings in removal, deportation,
exclusion, and other kinds of proceedings. See Chapter 1.5(a) (Jurisdiction). This chapter
describes the procedures in removal proceedings.
Other kinds of proceedings conducted by Immigration Judges are discussed in the
following chapters:
Chapter 7
Chapter 9
Chapter 10

Other Proceedings before Immigration Judges
Detention and Bond
Discipline of Practitioners

Note: Prior to the Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (IIRIRA), the two major types of courtroom proceedings conducted by Immigration
Judges were deportation and exclusion proceedings. In 1996, the IIRIRA replaced
deportation proceedings and exclusion proceedings with removal proceedings. The new
removal provisions went into effect on April 1, 1997. See INA § 240, as amended by
IIRIRA § 309(a). The regulations governing removal proceedings are found at 8 C.F.R.
§§ 1003.12-1003.41,1240.1-1240.26. For more information on deportation and exclusion
proceedings, see Chapter 7 (Other Proceedings before Immigration Judges).

4.2

Commencement of Removal Proceedings

(a) Notice to Appear. - Removal proceedings begin when the Department of
Homeland Security files a Notice to Appear (Form 1-862) with the Immigration Court after
it is served on the alien. See 8 C.F.R. §§ 1003.13, 1003.14. The Notice to Appear, or
"NTA," is a written notice to the alien which includes the following information:
o

the nature of the proceedings

o

the legal authority under which the proceedings are conducted

o

the acts or conduct alleged to be in violation of the law

o

the charge(s) against the alien and the statutory provision(s) alleged
to have been violated

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o

the opportunity to be represented by counsel at no expense to the
government

o

the consequences of failing to appear at scheduled hearings

o

the requirement that the alien immediately provide the Attorney
General with a written record of an address and telephone number

The Notice to Appear replaces the Order to Show Cause (Form 1-221), which was
the charging document used to commence deportation proceedings, and the Notice to
Applicant for Admission Detained for Hearing before an Immigration Judge (Form 1-122),
which was the charging document used to commence exclusion proceedings. See
8 C.F.R. § 1003.13.
(b) Failure to prosecute. - On occasion, an initial hearing is scheduled before the
Department of Homeland Security (DHS) has been able to file a Notice to Appear with the
Immigration Court. For example, DHS may serve a Notice to Appear, which contains a
hearing date, on an alien, but not file the Notice to Appear with the court until some time
later. Where DHS has not filed the Notice to Appear with the court by the time of the first
hearing, this is known as a "failure to prosecute." If there is a failure to prosecute, the
respondent and counsel may be excused until DHS files the Notice to Appear with the
court, at which time a hearing is scheduled. Alternatively, at the discretion of the
Immigration JUdge, the hearing may go forward if both parties are present in court and
DHS files the Notice to Appear in court at the hearing.

4.3

References to Parties and the Immigration Judge

The parties in removal proceedings are the alien and the Department of Homeland
Security (DHS). See Chapter 1.2(d) (Relationship to the Department of Homeland
Security). To avoid confusion, the parties and the Immigration Judge should be referred
to as follows:
o

the alien should be referred to as lithe respondent"

o

the Department of Homeland Security should be referred to as "the
Department of Homeland Security" or l'DHS"

o

the attorney for the Department of Homeland Security should be referred to
as lithe Assistant Chief Counsel," lithe DHS attorney," or lithe government
attorney"

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o

the respondent's attorney should be referred to as "the respondent's
counsel" or "the respondent's representative"

o

the respondent's representative, if not an attorney, should be referred to as
"the respondent's representative"

o

the Immigration Judge should be referred to as "the Immigration Judge" and
addressed as "Your Honor" or llJudge_"

Care should be taken not to confuse the Department of Homeland Security with the
Immigration Court or the Immigration Judge. See Chapter 1.5(e) (Department of
Homeland Security).

4.4

Representation

(a) Appearances. - A respondent in removal proceedings may appear without
representation ("pro se") or with representation. See Chapter 2 (Appearances before the
Immigration Court). If a party wishes to be represented, he or she may be represented by
an individual authorized to provide representation under federal regulations. See 8 C.F.R.
§ 1292.1. See also Chapter 2 (Appearances before the Immigration Court). Whenever
a respondent is represented, the respondent should submit all filings, documents, and
communications to the Immigration Court through his or her representative. See Chapter
2.1(d) (Who may file).
(b) Notice of Appearance. - Representatives before the Immigration Court must
file a Notice of Entry of Appearance as Attorney or Representative Before the Immigration
Court (Form EOIR-28). See Chapter 2.1(b) (Entering an appearance). If at any time after
the commencement of proceedings there is a change in representation, the new
representative must file a new Form EOIR-28, as well as complying with the other
requirements for substitution of counsel, if applicable. See Chapters 2.1(b) (Entering an
appearance), 2.3(c) (Appearances), 2.3(i)(i) (Substitution of counsel).
(c) Multiple representation. - Parties are limited to one primary attorney (notice
attorney) or accredited representative. For guidance on the limited circumstances in which
parties may be represented by more than one representative, see Chapter 2 (Appearances
before the Immigration Court).
(d) Motions to withdraw. - Withdrawal of counsel can be requested by oral or
written motion. See Chapter 2.3(i)(ii) (Withdrawal of counsel). Substitution of counsel also
can be requested by oral or written motion. See Chapter 2.3(i)(i)(Substitution of counsel).

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Hearing and Filing Location

There are more than 200 Immigration Judges in over 50 Immigration Courts
nationwide. The hearing location is identified on the Notice to Appear (Form 1-862) or
hearing notice. See Chapter 4.15(c) (Notification). Parties should note that documents are
not necessarily filed at the location where the hearing is held. For information on hearing
and filing locations, see Chapter 3.1(a) (Filing). If in doubt as to where to file documents,
parties should contact the Immigration Court.

4.6

Form of the Proceedings
An Immigration Judge may conduct removal hearings:
o

in person

o

by video conference

o

by telephone conference, except that evidentiary hearings on the merits may
only be held by telephone if the respondent consents after being notified of
the right to proceed in person or by video conference

See INA § 240(b)(2), 8 C.F.R. § 1003.25(c). See also Chapter 4.7 (Hearings by Video or
Telephone Conference).
Upon the request of the respondent or the respondent's representative, the
Immigration Judge has the authority to waive the appearance of the respondent and/or the
respondent's representative at specific hearings in removal proceedings. See 8 C.F.R.
§ 1003.25(a). See also Chapter 4.15(m) (Waivers of appearances).

4.7

Hearings by Video or Telephone Conference

(a) In general. -Immigration Judges are authorized by statute to hold hearings by
video conference and telephone conference, except that evidentiary hearings on the
merits may only be conducted by telephone conference if the respondent consents after
being notified of the right to proceed in person or through video conference. See INA
§ 240(b)(2), 8 C.F.R. § 1003.25(c). See also Chapter 4.6 (Form of the Proceedings).

(b) Location of patties. - Where hearings are conducted by video or telephone
conference, the Immigration Judge, the respondent, the DHS attorney, and the witnesses
need not necessarily be present together in the same location.
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(c) Procedure. - Hearings held by video or telephone conference are conducted
under the same rules as hearings held in person.
(d) Filing. - For hearings conducted by video or telephone conference, documents
are filed at the Immigration Court having administrative control over the Record of
Proceedings. See Chapter 3.1(a) (Filing). The locations from which the parties participate
may be different from the location of the Immigration Court where the documents are filed.
If in doubt as to where to file documents, parties should contact the Immigration Court.
In hearings held by video or telephone conference, Immigration Judges often allow
documents to be faxed between the parties and the Immigration Judge. Accordingly, all
documents should be single-sided. Parties should not attach staples to documents that
may need to be faxed during the hearing.

(e) More information. - Parties should contact the Immigration Court with any
questions concerning an upcoming hearing by video or telephone conference.

4.8

Attendance

Immigration Court hearings proceed promptly on the date and time that the hearing
is scheduled. Any delay in the respondent's appearance at a master calendar or individual
calendar hearing may result in the hearing being held "in absentia" (in the respondent's
absence). See 8 C.F.R. § 1003.26. See also Chapters 4.15 (Master Calendar Hearing),
4.16 (Individual Calendar Hearing), 4.17 (In Absentia Hearing).
Any delay in the appearance of either party's representative without satisfactory
notice and explanation to the Immigration Court may, in the discretion of the Immigration
Judge, result in the hearing being held in the representative's absence.
Respondents, representatives, and witnesses should be mindful that they may
encounter delays in going through the mandatory security screening at the Immigration
Court, and should plan accordingly. See 4.14 (Access to Court). Regardless of such
delays, all individuals must pass through the security screening and be present in the
courtroom at the time the hearing is scheduled.
For hearings at detention facilities, parties should be mindful of any additional
security restrictions at the facility. See 4.14 (Access to Court). Individuals attending such
ahearing must always be present at the time the hearing is scheduled, regardless of any
such additional security restrictions.

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Public Access
(a) General public. (i) Open hearings. - Except as provided in subsections (ii) through (iv),
below, hearings in removal proceedings are generally open to the public. See
8 C.F.R. § 1003.27.
(ii) Closed hearings. - Absent the express consent of the respondent (or
the respondent's representative, if represented) and the agreement of the
Immigration Judge, hearings in removal proceedings are not open to the general
public or the news media in cases which include the following:
o

applications for asylum

o

applications for withholding
removal")

o

claims brought under the Convention Against Torture and
Other Cruel, Inhuman, or Degrading Treatment or Punishment

o

a battered spouse, child, or parent

o

information subject to a protective order

of removal ("restriction on

See generally 8 C.F.R. §§ 1003.27,1003.46,1208.6, 1240.10(b), 1240.11(c)(3)(i).
Only parties, their representatives, employees of the Department of Justice, and
persons authorized by the Immigration Judge in advance may attend a closed
hearing.
(iii) Immigration Judges authorized to close hearings. - The Immigration
Judge may limit attendance or close a hearing to protect parties, witnesses, or the
public interest, even if the hearing would normally be open to the public. See
8 C.F.R. § 1003.27(b).
(iv) Motions to close hearing. - Parties may file a written motion asking
that the Immigration Judge close a hearing that would normally be open to the
public. See 8 C.F.R. § 1003.27(b). The motion should set forth in detail the
reason(s) for requesting that the hearing be closed. The motion should include a
cover page labeled "MOTION FOR CLOSED HEARING" and comply with the deadlines
and requirements for filing. See Chapter 3 (Filing with the Immigration Court),
Appendix F (Sample Cover Page).
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(b) News media. - Representatives of the news media may attend hearings that
are open to the public. The news media are subject to the general prohibition on electronic
devices in the courtroom. See Chapter 4.13 (Electronic Devices). The news media should
notify the Office of Legislative and Public Affairs and the Court Administrator before
attending a hearing. See Appendix B (EOIR Directory).

4.10

Record

(a) Hearings recorded. -Immigration hearings are recorded electronically by the
Immigration Judge. See 8 C.F.R. § 1240.9. Parties may listen to recordings of hearings
by prior arrangement with Immigration Court staff. See Chapters 1.6(c) (Records), 12.2
(Requests).
The entire hearing is recorded except for those occasions when the Immigration
Judge authorizes an off-the-record discussion. On those occasions, the results of the offthe-record discussion are summarized by the Immigration Judge on the record. The
Immigration Judge asks the parties if the summary is true and complete, and the parties
are given the opportunity to add to or amend the summary, as appropriate. Parties should
request such a summary from the Immigration Judge, if the Immigration Judge does not
offer one.
(b) Transcriptions. - If an Immigration Judge's decision is appealed to the Board
of Immigration Appeals, the hearing is transcribed in appropriate cases and a transcript is
sent to both parties. For information on transcriptions, parties should consult the Board
Practice Manual, which is available on the Executive Office for Immigration Reviewwebsite
at www.usdoLgov/eoir/biainfo.htm.
(c) Record of Proceedings. - The official file containing the documents relating
to an alien's case is the Record of Proceedings, which is created by the Immigration Court.
The contents of the Record of Proceedings vary from case to case. However, at the
conclusion of Immigration Court proceedings, the Record of Proceedings generally
contains the Notice to Appear (Form 1-862), hearing notice(s), the attorney's Notice of
Appearance (Form EOIR-28), Alien's Change of Address Form(s) (Form EOIR-33/IC),
application(s) for relief, exhibits, motion(s), brief(s), hearing tapes (if any), and all written
orders and decisions of the Immigration Judge.

4.11

Interpreters

Interpreters are provided at government expense to individuals whose command of
the English language is inadequate to fully understand and participate in removal
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proceedings. In general, the Immigration Court endeavors to accommodate the language
needs of all respondents and witnesses. The Immigration Court will arrange for an
interpreter both during the individual calendar hearing and, if necessary, the master
calendar hearing. See 8 C.F.R. § 1003.22, Chapter 4.15(0) (Other requests).
The Immigration Court uses staff interpreters employed by the Immigration Court,
contract interpreters, and telephonic interpretation services. Staff interpreters take an oath
to interpret and translate accurately at the time they are employed by the Department of
Justice. Contract interpreters take an oath to interpret and translate accurately in court.
See 8 C.F.R. § 1003.22.

4.12

Courtroom Decorum

(a) Addressing the Immigration Judge. - The Immigration Judge should be
addressed as either "Your Honor" or "Judge _." See Chapter 4.3 (References to Parties
and the Immigration Judge). The parties should stand when the Immigration Judge enters
and exits the courtroom.
(b) Attire. - All persons appearing in the Immigration Court should respect the
decorum of the court. Representatives should appear in business attire. All others should
appear in proper attire.
(c) Conduct. - All persons appearing in the Immigration Court should respect the
dignity of the proceedings. No food or drink may be brought into the courtroom, except as
specifically permitted by the Immigration Judge. Disruptive behavior in the courtroom or
waiting area is not tolerated.
(i) Communication between the patties. - Except for questions directed
at witnesses, parties should not converse, discuss, or debate with each other or
another person during a hearing. All oral argument and statements made during a
hearing must be directed to the Immigration Judge. Discussions that are not
relevant to the proceedings should be conducted outside the courtroom.
(ii) Representatives. -Attorneys and other representatives should observe
the professional conduct rules and regulations of their licensing authorities.
Attorneys and representatives should present a professional demeanor at all times.

(iii) Minors. - Children in removal proceedings must attend all scheduled
hearings unless their appearance has been waived by the Immigration Judge.
Unless participating in a hearing, children should not be brought to the Immigration
Court. If a child disrupts a hearing, the hearing may be postponed with the delay
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attributed to the party who brought the child. Children are not allowed to stay in the
waiting area without supervision.
For Immigration Courts in Department of Homeland Security detention
facilities or federal, state, or local correctional facilities, the facility's rules regarding
the admission of children, representatives, witnesses, and family members will
apply in addition to this subsection. See 4.14 (Access to Court).

4.13

Electronic Devices

(a) Recording devices. - Removal proceedings may only be recorded with the
equipment used by the Immigration Judge. No device of any kind, including cameras,
video recorders, and cassette recorders, may be used by any person other than the
Immigration judge to record any part of a hearing. See 8 C.F.R. § 1003.28.
(b) Possession of electronic devices during hearings. - Subject to subsection
(c), below, all persons, including parties and members of the press, may keep in their
possession laptop computers, cellular telephones, electronic calendars, and other
electronic devices commonly used to conduct business activities, including electronic
devices which have collateral recording capability. Cellular telephones must be turned off
during hearings. All other such devices must be turned off or made silent during hearings.
No device may be used by any person other than the Immigration Judge to record any part
of a hearing. See subsection (a), above.
(c) Use of electronic devices during hearings. - In any hearing before an
Immigration Judge, all persons, including parties and members of the press, may use
laptop computers, electronic calendars, and other electronic devices commonly used to
conduct business activities. Such devices may only be used in silent mode. The use of
such devices must not disrupt the hearing. Cellular telephones must be turned off during
hearings. No device may be used by any person other than the Immigration Judge to
record any part of a hearing. See subsection (a), above.
(d) Courtrooms administered under agreement. - In any Immigration Court or
detention facility administered under agreement between the Executive Office for
Immigration Review and federal, state, or local authorities, the facility's rules regarding the
possession and use of electronic devices shall apply in addition to subsections (a) through
(c), above. In some facilities, individuals, including attorneys. are not allowed to bring
cellular telephones, laptop computers, and other electronic devices into the facility.

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Access to Court
(a) Security screening. (i) All Immigration Coutts. - All Immigration Courts require individuals
attending a hearing to pass through security screening prior to entering the court.
All individuals attending a hearing should be mindful that they may encounter delays
in passing through the security screening.
(ii) Detention facilities. - For hearings held in Department of Homeland
Security detention facilities or federal, state, or local correctional facilities,
compliance with additional security restrictions may be required. For example,
individuals may be required to obtain advance clearance to enter the facility. In
addition, cellulartelephones, laptop computers, and other electronic devices are not
allowed at some of these facilities. All persons attending a hearing at such a facility
should be aware of the security restrictions in advance. Such individuals should
contact the Immigration Court or the detention facility in advance if they have
specific questions related to these restrictions.
(iii) Timeliness required. - Respondents, representatives, and witnesses
must always be present in the courtroom at the time the hearing is scheduled. This
applies regardless of any delays encountered in complying with the mandatory
security screening and, if the hearing is held at a detention facility, with any
additional security restrictions. See Chapter 4.8 (Attendance).

(b) No access to administrative offices. - Access to each Immigration Court's
administrative offices is limited to Immigration Court staff and other authorized personnel.
Parties appearing in Immigration Court or conducting business with the Immigration Court
are not allowed access to telephones, photocopying machines, or other equipment within
the Immigration Court's administrative offices.

4.15

Master Calendar Hearing

(a) Generally. - A respondent's first appearance before an Immigration Judge in
removal proceedings is at a master calendar hearing. Master calendar hearings are held
for pleadings, scheduling, and other similar matters. See subsection (e), below.
(b) Request for a prompt hearing. - To allow the respondent an opportunity to
obtain counsel and to prepare to respond, at least ten days must elapse between service
of the Notice to Appear (Form 1-862) on the respondent and the initial master calendar
hearing. The respondent may waive this ten-day requirement by signing the "Request for
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Prompt Hearing" contained in the Notice to Appear. The respondent may then be
scheduled for a master calendar hearing within the ten-day period. See INA § 239(b)(1).
(c) Notification. - The Notice to Appear (Form 1-862) served on the respondent
may contain notice of the date, time, and location of the initial master calendar hearing.
If so, the respondent must appear at that date, time, and location. If the Notice to Appear
does not contain notice of the date, time, and location of the initial master calendar
hearing, the respondent will be mailed a notice of hearing containing this information. If
there are any changes to the date, time, or location of a master calendar hearing, the
respondent will be notified by mail at the address on record with the Immigration Court.
See Chapter 2.2(c) (Address obligations).
(d) Arrival. - Parties should arrive at the Immigration Court prior to the time set for
the master calendar hearing. Attorneys and representatives should check in with the
Immigration Court staff and sign in, if a sign-in sheet is available. Parties should be
mindful that they may encounter delays in passing through mandatory security screening
prior to entering the court. See Chapters 4.8 (Attendance), 4.14 (Access to Court).

(e) Scope of the master calendar hearing. of the master calendar hearing is to:

As a general matter, the purpose

o

advise the respondent of the right to an attorney or other
representative at no expense to the government

o

advise the respondent of the availability of free and low-cost legal
service providers and provide the respondent with a list of such
providers in the area where the hearing is being conducted

o

advise the respondent of the right to present evidence

o

advise the respondent of the right to examine and object to evidence
and to cross-examine any witnesses presented by the Department of
Homeland Security

o

explain the charges and factual allegations contained in the Notice to
Appear (Form 1-862) to the respondent in non-technical language

o

take pleadings

o

identify and narrow the factual and legal issues

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o

set deadlines for filing applications for relief, briefs, motions, prehearing statements, exhibits, witness lists, and other documents

o

provide certain warnings related to background and security
investigations

o

schedule hearings to adjudicate contested matters and applications
for relief

o

advise the respondent of the consequences of failing to appear at
subsequent hearings

o

advise the respondent of the right to appeal to the Board of
Immigration Appeals

See INA §§ 240(b)(4), 240(b)(5), 8 C.F.R. §§ 1240.10,1240.15.

(f) Opening of a master calendar hearing. - The Immigration Judge turns on the
recording equipment at the beginning of the master calendar hearing. The hearing is
recorded except for off-the-record discussions. See Chapter 4.10 (Record). On the
record, the Immigration Judge identifies the type of proceeding being conducted (e.g., a
removal proceeding); the respondent's name and alien registration number ("A number");
the date, time, and place of the proceeding; and the presence of the parties. The
Immigration Judge also verifies the respondent's name, address, and telephone number.
If the respondent's address or telephone number have changed, the respondent must
submit an Alien's Change of Address Form (Form EOIR-33/1C).
If necessary, an interpreter is provided to an alien whose command of the English
language is inadequate to fully understand and participate in the hearing. See Chapter
4.11 (Interpreters), subsection (0), below. If necessary, the respondent is placed under
oath.

(g) Pro se respondent. -If the respondent is unrepresented ("pro se") at a master
calendar hearing, the Immigration Judge advises the respondent of his or her hearing
rights and obligations, including the right to be represented at no expense to the
government. In addition, the Immigration Judge ensures that the respondent has received
a list of providers of free and low-cost legal services in the area where the hearing is being
held. The respondent may waive the right to be represented and choose to proceed pro
se. Alternatively, the respondent may request that the Immigration Judge continue the
proceedings to another master calendar hearing to give the respondent an opportunity to
obtain representation.

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If the proceedings are continued but the respondent is not represented at the next
master calendar hearing, the respondent will be expected to explain his or her efforts to
obtain representation. The Immigration Judge may decide to proceed with pleadings at
that hearing or to continue the matter again to allow the respondent to obtain
representation. If the Immigration Judge decides to proceed with pleadings, he or she
advises the respondent of any relief for which the respondent appears to be eligible. Even
if the respondent is required to enter pleadings without representation, the respondent still
has the right to obtain representation before the next hearing. . See Chapter 4.4
(Representation) .
(h) Entry of appearance. - If a respondent is represented, the representative
should file any routinely submitted documents at the beginning of the master calendar
hearing. The representative must also serve such documents on the opposing party. See
Chapter 3.2 (Service on the Opposing Party). Routinely-submitted documents include the
Notice of Appearance (Form EOIR-28) and the Alien's Change of Address Form (Form
EOIR-33/1C).
(i) Pleadings. - At the master calendar hearing, the parties should be prepared to
plead as follows.
(i) Respondent. -

The respondent should be prepared:

o

to concede or deny service of the Notice to Appear (Form
1-862)

o

to request or waive a formal reading of the Notice to Appear
(Form 1-862)

o

to request or waive an explanation of the respondent's rights
and obligations in removal proceedings

o

to admit or deny the charges and factual allegations in the
Notice to Appear (Form 1-862)

o

to designate or decline to designate a country of removal

o

to state what applications(s) for relief from removal, if any, the
respondent intends to file

o

to identify and narrow the legal and factual issues

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o

to estimate (in hours) the amount of time needed to present
the case at the individual calendar hearing

o

to request a date on which to file the application(s) for relief, if
any, with the Immigration Court

o

to request an interpreter for the respondent and witnesses, if
needed

A sample oral pleading is included in Appendix M (Sample Oral
Pleading). To make the master calendar hearing process more expeditious
and efficient, representatives are strongly encouraged to use this oral
pleading format.

(iiJ Department of Homeland Security. prepared:

The DHS attorney should be

o

to state DHS's position on all legal and factual issues,
including eligibility for relief

o

to designate a country of removal

o

to file with the Immigration Court and serve on the opposing
party all documents that support the charges and factual
allegations in the Notice to Appear (Form 1-862)

o

to serve on the respondent the DHS biometrics instructions, if
appropriate

OJ Written pleadings. -In lieu of oral pleadings, the Immigration Judge may permit
represented parties to file written pleadings, if the party concedes proper service of the
Notice to Appear (Form 1-862). See Appendix L (Sample Written Pleading). The written
pleadings must be signed by the respondent and the respondent's representative.
The written pleading should contain the following:
o

a concession that the Notice to Appear (Form 1-862) was properly
served on the respondent

o

a representation that the hearing rights set forth in 8 C.F.R. § 1240.10
have been explained to the respondent

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o

a representation that the consequences of failing to appear in
Immigration Court have been explained to the respondent

o

an admission or denial of the factual allegations in the Notice to
Appear (Form 1-862)

o

a concession or denial of the charge(s) in the Notice to Appear (Form
1-862)

o

a designation of, or refusal to designate, a country of removal

o

an identification of the application(s) for relief from removal, if any, the
respondent intends to file

o

a representation that any application(s) for relief will be filed within
thirty (30) days of the filing of the written pleadings unless otherwise
directed by the Immigration Judge

o

an estimate of the number of hours required for the individual
calendar hearing

o

a request for an interpreter, if needed, that follows the guidelines in
subsection (n), below

o

if background and
representation that:

security

investigations

are

required,

a

•

the respondent has been provided Department of Homeland
Security (DHS) biometrics instructions

•

the DHS biometrics instructions have been explained to the
respondent

•

the respondent will timely comply with the DHS biometrics
instructions prior to the individual calendar hearing

•

the consequences of failing to comply with the DHS biometrics
instructions have been explained to the respondent

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o

a representation by the respondent that he or she:
•

understands the rights set forth in 8 C.F.R. § 1240.10 and
waives a further explanation of those rights by the Immigration
Judge

•

if applying for asylum, understands the consequences under
INA § 208(d)(6) of knowingly filing or making a frivolous asylum
application
understands the consequences of failing to appear in
Immigration Court or for a scheduled departure

•

understands the consequences of failing to comply with the
DHS biometrics instructions

•

knowingly and voluntarily waives the oral notice required by
INA § 240(b)(7) regarding limitations on discretionary relief
following an in absentia removal order, or authorizes his or her
representative to waive such notice

•

understands the requirement in 8 C.F.R. § 1003.15(d) to file an
Alien's Change of Address Form (Form EOIR-33/1C) with the
Immigration Court within five (5) days of moving or changing a
telephone number

Additional matters may be included in the written pleading when appropriate. For
example, the party may need to provide more specific information in connection with a
request for an interpreter. See subsection (p), below.
(k) Background checks and security investigations. - For certain applications
for relief from removal! the Department of Homeland Security (DHS) is required to
complete background and security investigations. See 8 C.F.R. § 1003.47. Questions
regarding background checks and security investigations should be addressed to DHS.
(i) Non-detained cases. - If a non-detained respondent seeks relief
requiring background and security investigations, the DHS attorney provides the
respondent with the DHS biometrics instructions. The respondent is expected to
promptly comply with the DHS biometrics instructions by the deadlines set by the
Immigration Judge. Failure to timely comply with these instructions will result in the

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application for relief not being considered unless the applicant demonstrates that
such failure was the result of good cause. 8 C.F.R. § 1003.47(d).
In all cases in which the respondent is represented, the representative should
ensure that the respondent understands the DHS biometrics instructions and the
consequences of failing to timely comply with the instructions.
(ii) Detained cases. - If background and security investigations are
required for detained respondents, DHS is responsible for timely fingerprinting the
respondent and obtaining all necessary information. See 8 C.F.R. § 1003.47(d).
(I) Asylum Clock. - Certain asylum applicants are eligible to receive employment
authorization from the Department of Homeland Security (DHS) 180 days after the
application is filed, not including delays in the proceedings caused by the applicant. The
"asylum clock" tracks the number of days since the application was filed, not including any
such delays. See 8 C.F.R. § 1208.7.

Where a respondent has applied for asylum, the Immigration JUdge asks during the
master calendar hearing whether the respondent wishes for the asylum clock to run. If so,
the case is handled "expeditiously," meaning that it is scheduled for completion within 180
days of the filing. If the respondent does not wish for the asylum clock to run, the case is
scheduled as any other case.
(m) Waivers of appearances. - Respondents and representatives must appear
at all master calendar hearings unless the Immigration Judge has granted a waiver of
appearance for that hearing. Waivers of appearances for master calendar hearings are
described in subsections (i) and (ii), below. Respondents and representatives requesting
waivers of appearances should note the limitations on waivers of appearances described
in subsection (iii), below.

Representatives should note that a motion for a waiver of a representative's
appearance is distinct from a representative's motion for a telephonic appearance.
Motions for telephonic appearances are described in subsection (n), below.
(i) Waiver of representative's appearance. A representative's
appearance at a master calendar hearing may be waived only by written motion
filed in conjunction with written pleadings. See subsection U), above. The written
motion should be filed with a cover page labeled "MOTION TO WAIVE
REPRESENTATIVE'S APPEARANCE" and comply with the deadlines and requirements
for filing. See Chapter 3 (Filing with the Immigration Court), Appendix F (Sample
Cover Page). The motion should state the date and time of the master calendar

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hearing and explain the reason(s) for requesting a waiver of the representative's
appearance.
(ii) Waiver of respondent's appearance. - A respondent's appearance at
a master calendar hearing may be waived by oral or written motion. See 8 C.F.R.
§ 1003.25(a). If in writing, the motion should be filed with a cover page labeled
"MOTION TO WAIVE RESPONDENTS APPEARANCE" and comply with the deadlines and
requirements far filing. See Chapter 3 (Filing with the Immigration Court), Appendix
F (Sample Cover Page). The motion should state the date and time of the master
calendar hearing and explain the reason(s) for requesting a waiver of the
respondent's appearance.
(iii) Limitations on waivers of appearances. (A) Waivers granted separately. - A waiver of a representative's
appearance at a master calendar hearing does not constitute a waiver of the
respondent's appearance. A waiver of a respondent's appearance at a
master calendar hearing does not constitute a waiver of the representative's
appearance.
(B) Pending motion. - The mere filing of a motion to waive the
appearance of a representative or respondent at a master calendar hearing
does not excuse the appearance of the representative or respondent at that
hearing. Therefore, the representative or respondent must appear in person
unless the motion has been granted.
(C) Future hearings. - A waiver of the appearance of a
representative or respondent at a master calendar hearing does not
constitute a waiver of the appearance of the representative or respondent at
any future hearing.
(n) Telephonic appearances. In certain instances, respondents and
representatives may appear by telephone at some master calendar hearings, at the
Immigration Judge's discretion. For more information, parties should contact the
Immigration Court.
An appearance by telephone may be requested by written or oral motion. If in
writing, the motion should be filed with a cover page labeled "MOTION TO PERMIT
TELEPHONIC APPEARANCE" and comply with the deadlines and requirements for filing. See
Chapter 3 (Filing with the Immigration Court), Appendix F (Sample Cover Page). The
motion should state the date and time of the master calendar hearing and explain the

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reason(s) for requesting a telephonic appearance. In addition, the motion should state the
telephone number of the representative or respondent.
Parties requesting an appearance by telephone should note the guidelines in
subsections (i) through (v), below.
(i) Representative's telephonic appearance is not a waiver of
respondent's appearance. - Permission for a representative to appear by
telephone at a master calendar hearing does not constitute a waiver of the
respondent's appearance at that hearing. A request for a waiver of a respondent's
appearance at a master calendar hearing must comply with the guidelines in
subsection (m), above.
(ii) Availability. - A representative or respondent appearing by telephone
must be available during the entire master calendar hearing.
(iii) Cellular telephones. - Unless expressly permitted by the Immigration
Judge, cellular telephones should not be used for telephonic appearances.
(iv) Pending motion. - The mere filing of a motion to permit a
representative or respondent to appear by telephone at a master calendar hearing
does not excuse the appearance in person at that hearing by the representative or
respondent. Therefore, the representative or respondent must appear in person
unless the motion has been granted.
(v) Future hearings. - Permission for a representative or respondent to
appear by telephone at a master calendar hearing does not constitute permission
for the representative or respondent to appear by telephone at any future hearing.
(0) Other requests. -In preparation for an upcoming individual calendar hearing,
the following requests may be made at the master calendar hearing or afterwards, as
described below.
(i) Interpreters. - If a party anticipates that an interpreter will be needed at
the individual calendar hearing, the party should request an interpreter, either by
oral motion at a master calendar hearing, by written motion, or in a written pleading.
Parties are strongly encouraged to submit requests for interpreters at the master
calendar hearing rather than following the hearing. A written motion to request an
interpreter should be filed with a cover page labeled "MOTION TO REQUEST AN
INTERPRETER," and comply with the deadlines and requirements for filing. See
Chapter 3 (Filing with the Immigration Court), Appendix F (Sample Cover Page).

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A request for an interpreter, whether made by oral motion, by written motion,
or in a written pleading, should contain the following information:
o

the name of the language requested, including any variations
in spelling

o

the specific dialect of the language, if applicable

o

the geographical locations where such dialect is spoken, if
applicable

o

the identification of any other languages in which the
respondent or witness is fluent

o

any other appropriate information necessary for the selection
of an interpreter

(ii) Video testimony. -In certain instances, witnesses may testify by video
at the individual calendar hearing, at the Immigration Judge's discretion. Video
testimony may be requested by oral motion at the master calendar hearing or by
written motion. For more information, parties should contact the Immigration Court.
A written motion to request video testimony should be filed with a cover page
labeled "MOTION TO PRESENTVIDEOTESTIMONY," and comply with the deadlines and
requirements for filing. See Chapter 3 (Filing with the Immigration Court),
Appendix F (Sample Cover Page). An oral or written motion to present video
testimony must include an explanation of why the witness cannot appear in person.
In addition, parties wishing to present video testimony must comply with the
requirements for witness lists. See Chapter 3.3(g) (Witness lists).
Ifvideo testimony is permitted, the Immigration Judge specifies the time and
manner under which the testimony is taken.
(iii) Telephonic testimony. -In certain instances, witnesses may testify by
telephone, at the Immigration Judge's discretion. If a party wishes to have
witnesses testify by telephone at the individual calendar hearing, this may be
requested by oral motion at the master calendar hearing or by written motion. If
telephonic testimony is permitted, the court specifies the time and manner under
which the testimony is taken. For more information, parties should contact the
Immigration Court.

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A written motion to request telephonic testimony should be filed with a cover
page labeled "MOTION TO PRESENT TELEPHONIC TESTIMONY," and comply with the
deadlines and requirements for filing. See Chapter 3 (Filing with the Immigration
Court), Appendix F (Sample Cover Page). In addition, parties wishing to present
telephonic testimony must comply with the requirements for witness lists. See
Chapter 3.3(g) (Witness lists).
(A) Contents. testimony must include:

An oral or written motion to permit telephonic

o

an explanation of why the witness cannot appear in
person

o

the witness's telephone number and the location from
which the witness will testify

(B) Availability. - A witness appearing by telephone must be
available to testify at any time during the course of the individual calendar
hearing.

(C) Cellular telephones. - Unless permitted by the Immigration
Judge, cellular telephones should not be used by witnesses testifying
telephonically.
(D) International calls. - If international telephonic testimony is
permitted, the requesting party should bring a pre-paid telephone card to the
Immigration Court to pay for the call.

4.16

Individual Calendar Hearing

(a) Generally. - Evidentiary hearings on contested matters are referred to as
individual calendar hearings or merits hearings. Contested matters include challenges to
removability and applications for relief.
(b) Filings. - The following documents should be filed in preparation for the
individual calendar hearing, as necessary. Parties should note that, since Records of
Proceedings in removal proceedings are kept separate from Records of Proceeding in
bond redetermination proceedings, documents already filed in bond redetermination
proceedings must be re-filed for removal proceedings. See Chapter 9.3 (Bond
Proceedings).

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(i) Applications, exhibits, motions. - Parties should file all applications for
relief, proposed exhibits, and motions, as appropriate. All submissions must comply
with the deadlines and requirements for filing. See Chapter 3 (Filing with the
Immigration Court).
(ii) Witness list. - If presenting witnesses other than the respondent,
parties must file a witness list that complies with the requirements of Chapter 3.3(g)
(Witness lists). In addition, the witness list must comply with the deadlines and
requirements for filing. See Chapter 3 (Filing with the Immigration Court).

(iii) Criminal history charlo - If a respondent has multiple criminal arrests,
prosecutions, or convictions, the party with the burden of proof must file a criminal
history chart and attach all pertinent documentation, such as arrest and conviction
records. See Appendix 0 (Sample Criminal History Chart). The criminal history
chart must comply with the requirements of Chapter 3.3(f) (Criminal conviction
documents). In addition, the criminal history chart must comply with the deadlines
and requirements for filing. See Chapter 3 (Filing with the Immigration Court).
(c) Opening the individual calendar hearing. - The Immigration Judge turns on
the recording equipment at the beginning of the individual calendar hearing. The hearing
is recorded, except for off-the-record discussions. See Chapter 4.10 (Record).
On the record, the Immigration judge identifies the type of proceeding being
conducted (e.g., a removal proceeding); the respondent's name and alien registration
number (UA number"); the date, time and place of the proceeding; and the presence of the
parties. The Immigration Judge also verifies the respondent's name, address, and
telephone number. If the respondent's address or telephone number have changed, the
respondent must submit an Alien's Change of Address Form (Form EOIR-33/1C).
(d) Conduct of hearing. - While the Immigration Judge decides how each hearing
is conducted, parties should be prepared to:
o

make an opening statement

o

raise any objections to the other party's evidence

o

present witnesses and evidence on all issues

o

cross-examine opposing witnesses and object to testimony

o

make a closing statement

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(e) Witnesses. - All witnesses, including the respondent if he or she testifies, are
placed under oath by the Immigration Judge before testifying. If necessary, an interpreter
is provided. See Chapters 4.11 (Interpreters), 4.15(0) (Other requests). The Immigration
Judge may ask questions of the respondent and all witnesses at any time during the
hearing. See INA § 240(b)(1).
(f) Pro se respondents. - Unrepresented ("pro se") respondents have the same
hearing rights and obligations as represented respondents. For example, pro se
respondents may testify, present witnesses, cross-examine any witnesses presented by
the Department of Homeland Security (DHS), and object to evidence presented by DHS.
When a respondent appears pro se, the Immigration Judge generally participates in
questioning the respondent and the respondent's witnesses. As in all removal
proceedings, DHS may object to evidence presented by a pro se respondent and may
cross-examine the respondent and the respondent's witnesses.

(g) Decision. -After the parties have presented their cases, the Immigration Judge
renders a decision. The Immigration Judge may render an oral decision at the hearing's
conclusion, or he or she may render an oral or written decision on a later date. See
Chapter 1.5(c) (Immigration Judge decisions). If the decision is rendered orally, the
parties are given a signed summary order from the court.
(h) Appeal. - The respondent and the Department of Homeland Security have the
right to appeal the Immigration Judge's decision to the Board of Immigration Appeals. See
Chapter 6 (Appeals of Immigration Judge Decisions). A party may waive the right to
appeal. At the conclusion of Immigration Court proceedings, the Immigration Judge
informs the parties of the deadline for filing an appeal with the Board, unless the right to
appeal is waived. See Chapter 6.4 (Waiver of Appeal).
Parties should note that the Immigration Judge may ask the Board to review his or
her decision. This is known as "certifying" a case to the Board. The certification of a case
is separate from any appeal in the case. Therefore, a party wishing to appeal must file an
appeal even if the Immigration Judge has certified the case to the Board. See Chapter 6.5
(Certification).
If an appeal is not filed, the Immigration Judge's decision becomes the final
administrative decision in the matter, unless the case has been certified to the Board.
(i) Reliefgranted. -If a respondent's application for relief from removal is granted,
the respondent is provided the Department of Homeland Security (DHS) post-order
instructions. These instructions describe the steps the respondent should follow to obtain
documentation of his or her immigration status from U.S. Citizenship and Immigration
Services, a component of DHS.
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More information about these post-order instructions is available on the Executive
Office for Immigration Review website at www.usdoj.gov/eoir.
For respondents who are granted asylum, information on asylees' benefits and
responsibilities is available at the Immigration Court.

4.17

In Absentia Hearing

(a) In general. - Any delay in the respondent's appearance at a master calendar
or individual calendar hearing may result in the respondent being ordered removed "in
absentia" (in the respondent's absence). See 8 C.F.R. § 1003.26(c). See also Chapter
4.8 (Attendance). There is no appeal from a removal order issued in absentia. However,
parties may file a motion to reopen to rescind an in absentia removal order. See Chapter
5.9 (Motions to Reopen In Absentia Orders).
(b) Deportation and exclusion proceedings. - Parties should note that in
absentia orders in deportation and exclusion proceedings are governed by different
standards than in absentia orders in removal proceedings. For the provisions governing
in absentia orders in deportation and exclusion proceedings, see 8 C.F.R. § 1003.26. See
also Chapter 7 (Other Hearings before Immigration Judges).

4.18

Pre-Hearing Conferences and Statements

(a) Pre-hearing conferences. - Pre-hearing conferences are held between the
parties and the Immigration Judge to narrow issues, obtain stipulations between the
parties, exchange information voluntarily, and otherwise simplify and organize the
proceeding. See 8 C.F.R. § 1003.21(a).
Pre-hearing conferences may be requested by a party or initiated by the Immigration
Judge. A party's request for a pre-hearing conference may be made orally or by written
motion. If in writing, the motion should be filed with a cover page labeled "MOTION FOR A
PRE-HEARING CONFERENCE," and comply with the deadlines and requirements for filing.
See Chapter 3 (Filing with the Immigration Court), Appendix F (Sample Cover Page).
Even if a pre-hearing conference is not held, the parties are strongly encouraged
to confer prior to a hearing in order to narrow issues for litigation. Parties are further
encouraged to file pre-hearing statements following such discussions. See subsection (b),
below.

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(b) Pre-hearing statements. - An Immigration Judge may order the parties to file
a pre-hearing statement. See 8 C.F.R. § 1003.21 (b). Parties are encouraged to file a prehearing statement even if not ordered to do so by the Immigration Judge. Parties also are
encouraged to file pre-hearing briefs addressing questions of law. See Chapter 4.19 (PreHearing Briefs).
(i) Filing. - A pre-hearing statement should be filed with a cover page with
an appropriate label (e.q., "PARTIES' PRE-HEARING STATEMENT") , and comply with the
deadlines and requirements for filing. See Chapter 3 (Filing with the Immigration
Court), Appendix F (Sample Cover Page).
(ii) Contents of a pre-hearing statement. - In general, the purpose of a
pre-hearing statement is to narrow and reduce the factual and legal issues in
advance of an individual calendar hearing. For example, a pre-hearing statement
may include the following items:
o

a statement of facts to which both parties have stipulated,
together with a statement that the parties have communicated
in good faith to stipulate to the fullest extent possible

o

a list of proposed witnesses and what they will establish

o

a list of exhibits, copies of exhibits to be introduced, and a
statement of the reason for their introduction

o

the estimated time required to present the case

o

a statement of unresolved issues in the proceeding

See 8 C.F.R. § 1003.21 (b).

4.19

Pre-Hearing Briefs

(a) Generally. - An Immigration Judge may order the parties to file pre-hearing
briefs. Parties are encouraged to file pre-hearing briefs even if not ordered to do so by the
Immigration Judge. Parties are also encouraged to file pre-hearing statements to narrow
and reduce the legal and factual issues in dispute. See Chapter 4.18(b) (Pre-hearing
statements) .
(b) Guidelines. - Pre-hearing briefs advise the Immigration Judge of a party's
positions and arguments on questions of law. A well-written pre-hearing brief is in the
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party's best interest and is of great importance to the Immigration Judge. Pre-hearing
briefs should be clear, concise, and well-organized. They should cite the record, as
appropriate. Pre-hearing briefs should cite legal authorities fully, fairly, and accurately.
Pre-hearing briefs should always recite those facts that are appropriate and
germane to the adjudication of the issue(s) at the individual calendar hearing. They should
cite proper legal authority, where such authority is available. See subsection (f), below.
Pre-hearing briefs should not belabor facts or law that are not in dispute. Parties are
encouraqed to expressly identify in their pre-hearing briefs those facts or law that are not
in dispute.
There are no limits to the length of pre-hearing briefs. Parties are encouraged,
however, to limit the body of their briefs to 25 pages, provided that the issues in question
can be adequately addressed. Pre-hearing briefs should always be paginated.

(c) Format. -

(i) Filing. - Pre-hearing briefs should be filed with a cover page with an
appropriate label (e.g., "RESPONDENTS PRE-HEARING BRIEF"), and comply with the
deadlines and requirements for filing. See Chapter 3 (Filing with the Immigration
Court), Appendix F (Sample Cover Page). Pre-hearing briefs must be signed by the
respondent, the respondent's primary attorney (notice attorney) or representative,
orthe representative of the Department of Homeland Security. See Chapter 3.3(b)
(Signatures). See also Chapter 2 (Appearances before the Immigration Court).
(ii) Contents. - Unless otherwise directed by the Immigration Judge, the
following items should be included in a pre-hearing brief:
o

a concise statement of facts

o

a statement of issues

o

a statement of the burden of proof

o

a summary of the argument

o

the argument

o

a short conclusion stating the precise relief or remedy sought

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(iii) Statement of facts. - Statements of facts in pre-hearing briefs should
be concise. Facts should be set out clearly. Points of contention and points of
agreement should be expressly identified.

Facts, like case law, require citation. Parties should support factual
assertions by citing to any supporting documentation or exhibits, whether in the
record or accompanying the brief. See subsection (f), below.
Do not misstate or misrepresent the facts, or omit unfavorable facts that are
relevant to the legal issue. A brief's accuracy and integrity are paramount to the
persuasiveness of the argument and the decision regarding the legal issue(s)
addressed in the brief.
(iv) Footnotes. - Substantive arguments should be restricted to the text of
pre-hearing briefs. The excessive use of footnotes is discouraged.
(v) Headings and other markers. - Pre-hearing briefs should employ
headings, sub-headings, and spacing to make the brief more readable. Short
paragraphs with topic sentences and proper headings facilitate the coherence and
cohesiveness of arguments.
(vi) Chronologies. - Pre-hearing briefs should contain a chronology of the
facts, especially where the facts are complicated or involve several events. Charts
or similar graphic representations that chronicle events are welcome. See Appendix
o (Sample Criminal History Chart).
(d) Consolidated pre-hearing briefs. - Where cases have been consolidated,
one pre-hearing brief may be submitted on behalf of all respondents in the consolidated
proceeding, provided that each respondent's full name and alien registration number
("A number") appear on the consolidated pre-hearing brief. See Chapter 4.21 (Combining
and Separating Cases).

(e) Responses to pre-hearing briefs. - When a party files a pre-hearing brief, the
other party may file a response brief. A response brief should be filed with a cover page
with an appropriate label (e.g., "DHS RESPONSE TO PRE-HEARING BRIEF"), and comply with
the deadlines and requirements for filing. See Chapter 3 (Filing with the Immigration
Court), Appendix F (Sample Cover Page). Response briefs should comply with the
guidelines for pre-hearing briefs set forth above.
(f) Citation. - Parties are expected to provide complete and clear citations to all
factual and legal authorities. Parties should comply with the citation guidelines in
Appendix J (Citation Guidelines).
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4.20

Subpoenas

(a) Applying for a subpoena. - A party may request that a subpoena be issued
requiring that witnesses attend a hearing or that documents be produced. See 8 C.F.R.
§§ 1003.35, 1287.4(a)(2)(ii). A request for a subpoena may be made by written motion or
by oral motion. If made in writing, the request should be filed with a cover page labeled
"MOTION FOR SUBPOENA," and comply with the deadlines and requirements for filing. See
Chapter 3 (Filing with the Immigration Court), Appendix F (Sample Cover Page). Whether
made orally or in writing, a motion for a subpoena must:
o

provide the court with a proposed subpoena

o

state what the party expects to prove by such witnesses or
documentary evidence

o

show affirmatively that the party has made diligent effort, without
success, to produce the witnesses or documentary evidence

If requesting a subpoena for telephonic testimony, the party should also comply
with Chapter 4.15(o)(iii) (Telephonic testimony).
(b) Contents. - A proposed subpoena should contain:
o

the respondent's name and alien registration number ("A number")

o

the type of proceeding

o

the name and add ress of the person to whom the subpoena is
directed

o

a command that the recipient of the subpoena:

o

•

testify in court at a specified time,

•

testify by telephone at a specified time, or

•

produce specified books, papers, or other items

a return on service of subpoena

See 8 C.F.R. § 1003.35(b)(3), Appendix N (Sample Subpoena).

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(c) Appearance of witness. - If the witness whose testimony is required is more
than 100 miles from the Immigration Court where the hearing is being conducted, the
subpoena must provide for the witness's appearance at the Immigration Court nearest to
the witness to respond to oral or written interrogatories, unless the party calling the witness
has no objection to bringing the witness to the hearing. See 8 C.F.R. § 1003.35(b)(4).
(d) Service. - A subpoena issued under the above provisions may be served by
any person over 18 years of age not a party to the case. See 8 C.F.R. § 1003.35(b)(5).

4.21

Combining and Separating Cases

(a) Consolidated cases. - Consolidation of cases is the administrative joining of
separate cases into a single adjudication for all of the parties involved. Consolidation is
generally limited to cases involving immediate family members. The Immigration Court
may consolidate cases at its discretion or upon motion of one or both of the parties, where
appropriate. For example, the Immigration Court may grant consolidation when spouses
or siblings have separate but overlapping circumstances or claims for relief. Consolidation
must be sought through the filing of a written motion that states the reasons for requesting
consolidation.
Such motion should include a cover page labeled "MOTION FOR
CONSOLIDATION" and comply with the deadlines and requirements for filing. See Chapter
3 (Filing with the Immigration Court), Appendix F (Sample Cover Page). A copy of the
motion should be filed for each case included in the request for consolidation. The motion
should be filed as far in advance of any filing deadline as possible. See Chapter 3.1(b)
(Timing of submissions).
(b) Severance of cases. - Severance of cases is the division of a consolidated
case into separate cases, relative to each individual. The Immigration Court may sever
cases in its discretion or upon request of one or both of the parties. Severance must be
sought through the filing of a written motion that states the reasons for requesting
severance. Such motion should include a cover page labeled "MOTION FOR SEVERANCE"
and comply with the deadlines and requirements for filing. See Chapter 3 (Filing before
the Immigration Court), Appendix F (Sample Cover Page). A copy of the motion should
be filed for each case included in the request for severance. Parties are advised, however,
that such motion should be filed as far in advance of any filing deadline as possible. See
Chapter 3.1(b) (Timing of submissions).

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Juveniles

(a) Scheduling. - Immigration Courts do their best to schedule cases involving
unaccompanied juveniles on a separate docket or at a fixed time in the week or month,
separate and apart from adult cases.
(b) Representation. -An Immigration Judge cannot appoint a legal representative
or a guardian ad litem for unaccompanied juveniles. However, the Executive Office for
Immigration Review encourages the use of pro bono legal resources for unaccompanied
juveniles. For further information, see Chapter 2.2(b) (Legal service providers).
(c) Courtroom orientation. - Juveniles are encouraged, under the supervision
of court personnel, to explore an empty courtroom, sit in all locations, and practice
answering simple questions before the hearing. The Department of Health and Human
Services, Office of Refugee Resettlement, provides orientation for most juveniles in their
native languages, explaining Immigration Court proceedings.
Immigration Judges make reasonable
(d) Courtroom modifications. modifications for juveniles. These may include allowing juveniles to bring pillows, or toys,
permitting juveniles to sit with an adult companion, and permitting juveniles to testify
outside the witness stand next to a trusted adult or friend.

(e) Detainedjuveniles. - For additional provisions regarding detained juveniles,
see Chapter 9.2 (Detained Juveniles).

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5 Motions before the Immigration Court
5.1

Who May File

(a) Parties. - Only an alien who is in proceedings before the Immigration Court (or
the alien's representative), or the Department of Homeland Security may file a motion. A
motion must identify all parties covered by the motion and state clearly their full names and
alien registration numbers ("A numbers"), including all family members in proceedings.
See Chapter 5.2(b) (Form), Appendix F (Sample Cover Page). The Immigration judge will
not assume that the motion includes all family members (or group members in
consolidated proceedings). See Chapter 4.21 (Combining and Separating Cases).
(b) Representatives. - Whenever a party is represented, the party should submit
all motions to the Court through the representative. See Chapter 2.1 (d) (Who may file).
(i) Pre-decision motions. - If a representative has already filed a Notice
of Entry of Appearance as Attorney or Representative Before the Immigration Court
(Form EOIR-28), and the Immigration Judge has not rendered a final order in the
case, a motion need not be accompanied by a Form EOIR-28. However, if a
representative is appearing for the first time, the representative must file a Form
EOIR-28 along with the motion. See Chapter 2 (Appearances before the
Immigration Court).
(ii) Post-decision motions. - All motions to reopen, motions to reconsider,
and motions to reopen to rescind an in absentia order filed by a representative must
be accompanied by a Form EOIR-28, even if the representative is already the
representative of record. See Chapter 2 (Appearances before the Immigration
Court).
(c) Persons not party to the proceedings. - Only a party to a proceeding, or a
party's representative, may file a motion pertaining to that proceeding. Family members,
employers, and other third parties may not file a motion. If a third party seeks Immigration
Court action in a particular case, the request should be made through a party to the
proceeding.

5.2

Filing a Motion

(a) Where to file. - The Immigration Court may entertain motions only in those
cases in which it has jurisdiction. See subsections (i), (ii), (iii), below, Appendix K (Where
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to File). If the Immigration Court has jurisdiction, motions are filed with the Immigration
Court having administrative control over the Record of Proceedings. See Chapter 3.1(a)
(Filing).
(i) Cases not yet filed with the Immigration Court. - Except for requests
for bond redetermination proceedings, the Immigration Court cannot entertain
motions if a charging document (Le., a Notice to Appear) has not been filed with the
court. See Chapters 4.2 (Commencement of Removal Proceedings), 9.3(b)
(Jurisdiction).
(ii) Cases pending before the Immigration Court. - If a charging
document has been filed with the Immigration Court but the case has not yet been
decided by the Immigration Judge, all motions must be filed with the court.
(iii) Cases already decided by the Immigration Court. -

(A) No appeal filed. - Where a case has been decided by the
Immigration Judge, and no appeal has been filed with the Board of
Immigration Appeals, motions to reopen and motions to reconsider are filed
with the Immigration Court. Parties should be mindful of the strict time and
number limits on motions to reopen and motions to reconsider. See
Chapters 5.7 (Motions to Reopen), 5.8 (Motions to Reconsider), 5.9 (Motions
to Reopen In Absentia Orders).
(B) Appeal filed. - Where a case has been decided by the
Immigration Judge, and an appeal has been filed with the Board of
Immigration Appeals, the parties should consult the Board Practice Manual
for guidance on where to file motions. The Board Practice Manual is
available on the Executive Office for Immigration Review website at
www.usdoLgov/eoir/biainfo.htm. See also Appendix K (Where to File).
(b) Form. - There is no official form for filing a motion before the Immigration
Court. Motions must be filed with a cover page and comply with the requirements for filing.
See Chapter 3 (Filing with the Immigration Court), Appendix F (Sample Cover Page). In
addition, all motions must be accompanied by a proposed order for the Immigration
Judge's signature. See Chapter 3.3(c)(i) (Order of documents), Appendix Q (Sample
Proposed Order). Motions and supporting documents should be assembled in the order
described in Chapter 3.3(c)(i) (Order of documents).
A motion's cover page must accurately describe the motion. See Chapter 3.3(c)(vi)
(Cover page and caption). Parties should note that the Immigration Court construes
motions according to content rather than title. Therefore, the court applies time and
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number limits according to the nature of the motion rather than the motion's title. See
Chapter 5.3 (Motion Limits).
Motions must state with particularity the grounds on which the motion is based. In
addition, motions must identify the relief or remedy sought by the filing party.
(c) When to file. - Pre-decision motions must comply with the deadlines for filing
discussed in Chapter 3.1(b) (Timing of submissions). Deadlines for filing motions to
reopen, motions to reconsider, and motions to reopen in absentia orders are governed by
statute or regulation. See Chapters 5.7 (Motions to Reopen), 5.8 (Motions to Reconsider),
5.9 (Motions to Reopen In Absentia Orders).
(d) Copy of underlying order. - Motions to reopen and motions to reconsider
should be accompanied by a copy of the Immigration Judge's decision, where available.

(e) Evidence. -

Statements made in a motion are not evidence. If a motion is
based upon evidence that was not made part of the record by the Immigration Judge, that
evidence should be submitted with the motion. Such evidence may include sworn
affidavits, declarations under the penalties of perjury, and documentary evidence. The
Immigration Court will not suspend or delay adjudication of a motion pending the receipt
of supplemental evidence.
All evidence submitted with a motion must comply with the requirements of Chapter
3.3 (Documents).
(f) Filing fee. - Where the motion requires a filing fee, the motion must be
accompanied by a fee receipt from the Department of Homeland Security (DHS) or a
request that the Immigration judge waive the fee. Filing fees are paid to DHS. See
Chapter 3.4 (Filing Fees).
(g) Application for relief. - A motion based upon eligibility for relief must be
accompanied by a copy of the application for that relief and all supporting documents, if
an application is normally required. See 8 C.F.R. § 1003.23(b)(3). A grant of a motion
based on eligibility for relief does not constitute a grant of the underlying application for
relief.

The application for relief must be duly completed and executed, in accordance with
the requirements for such relief. The original application for relief should be held by the
filing party for submission to the Immigration Court, if appropriate, after the ruling on the
motion. See Chapter 11.3 (Submitting Completed Forms). The copy that is submitted to
the Immigration Court should be accompanied by a copy of the appropriate supporting
documents.
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If a certain form of relief requires an application, prima facie eligibility for that relief
cannot be shown without it. For example, if a motion to reopen is based on adjustment
of status, a copy of the completed Application to Adjust Status (Form 1-485) should be filed
with the motion, along with the necessary documents.
Application fees are not paid to the Immigration Court and should not accompany
the motion. Fees for applications should be paid if and when the motion is granted in
accordance with the filing procedures for that application. See Chapter 3.4(c) (Application
fees).

(h) Visa petitions. - I f a motion is based on an application for adjustment of status
and there is an underlying visa petition that has been approved, a copy of the visa petition
and the approval notice should accompany the motion. When a petition is subject to visa
availability, evidence that a visa is immediately available should also accompany the
motion (e.g., a copy of the State Department's Visa Bulletin reflecting that the priority date
is "current").
If a motion is based on adjustment of status and the underlying visa petition has not
yet been adjudicated, a copy of that visa petition, all supporting documents, and the filing
receipt (Form 1-797) should accompany the motion.
Parties should note that, in certain instances, an approved visa petition is required
for motions based on adjustment of status. See, e.g., Matter of H-A-, 22 I&N Dec. 728
(BIA 1999), modified by Matter of Velarde, 23 I&N Dec. 253 (BIA 2002).
Filing fees for visa petitions are not paid to the Immigration Court and should not
accompany the motion. The filing fee for a visa petition is submitted to DHS when the
petition is filed with DHS.

(i) Opposing party's position. - The party filing a motion should make a good
faith effort to ascertain the opposing party's position on the motion. The opposing party's
position should be stated in the motion. If the filing party was unable to ascertain the
opposing party's position, a description of the efforts made to contact the opposing party
should be included.

(j) Oral argument. - The Immigration Court generally does not grant requests for
oral argument on a motion. If the Immigration Judge determines that oral argument is
necessary, the parties are notified of the hearing date.

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Motion Limits

Certain motions are limited in time (when the motions must be filed) and number
(how many motions may be filed). Pre-decision motions are limited in time. See Chapter
3.1(b) (Timing of submisslons). Motions to reopen and motions to reconsider are limited
in both time and number. See Chapters 5.7 (Motions to Reopen), 5.8 (Motions to
Reconsider), 5.9 (Motions to Reopen In Absentia Orders). Time and number limits are
strictly enforced.

5.4

Multiple Motions

When multiple motions are filed, the motions should be accompanied by a cover
letter listing the separate motions. In addition, each motion must include a cover page and
comply with the deadlines and requirements for filing. See Chapter 5.2(b) (Form),
Appendix F (Sample Cover Page).
Parties are strongly discouraged from filing compound motions, which are motions
that combine two separate requests. Parties should note that time and number limits apply
to motions even when submitted as part of a compound motion. For example, if a motion
seeks both reopening and reconsideration, and is filed more than 30 days after the
Immigration Judge's decision (the deadline for reconsideration) but within 90 days of that
decision (the deadline for reopening), the portion that seeks reconsideration is considered
untimely.

5.5

Motion Briefs

A brief is not required in support of a motion. However, if a brief is filed, it should
accompany the motion. See 8 C.F.R. § 1003.23(b)(1)(ii). In general, motion briefs should
comply with the requirements of Chapters 3.3 (Documents) and 4.19 (Pre-Hearing Briefs).
A brief filed in opposition to amotion must comply with the filing deadlines for
responses. See Chapter 3.1(b) (Timing of submissions).

5.6

Transcript Requests

The Immigration Court does not prepare a transcript of proceedings. See Chapter
4.10 (Record). Parties are reminded that recordings of proceedings are generally available
for review by prior arrangement with the Immigration Court. See Chapter 1.6(c) (Records).

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5.7

Motions to Reopen

(a) Purpose. - A motion to reopen asks the Immigration Court to reopen
proceedings after the Immigration Judge has rendered a decision, so that the Immigration
Judge can consider new facts or evidence in the case.
(b) Requirements. (i) Filing. - The motion should be filed with a cover page labeled "MOTION
and comply with the deadlines and requirements for filing. See
subsection (c), below, Chapter 5.2 (Filing a Motion), Appendix F (Sample Cover
Page). If the alien is represented, the attorney must file a Notice of Entry of
Appearance as Attorney or Representative Before the Immigration Court (Form
EOIR-28). See Chapter 2.1(b) (Entering an appearance). To ensure that the
Immigration Court has the alien's current address, an Alien's Change of Address
Form (EOIR-33/IC) should be filed with the motion. Depending on the nature of the
motion, a filing fee or fee waiver request may be required. See Chapter 3.4 (Filing
Fees). If the motion is based on eligibility for relief, the motion must be
accompanied by a copy of the application for that relief and all supporting
documents, if an application is normally required. See Chapter 5.2(g) (Application
for relief).
TO REOPEN"

(ii) Content. - A motion to reopen must state the new facts that will be
proven at a reopened hearing if the motion is granted, and the motion must be
supported by affidavits or other evidentiary material. 8 C.F.R. § 1003.23(b)(3).

A motion to reopen is not granted unless it appears to the Immigration Judge
that the evidence offered is material and was not available and could not have been
discovered or presented at an earlier stage in the proceedings. See 8 C.F.R.
§ 1003.23(b)(3).
A motion to reopen based on an application for relief will not be granted if
it appears the alien's right to apply for that relief was fully explained and the alien
had an opportunity to apply for that relief at an earlier stage in the proceedings
(unless the relief is sought on the basis of circumstances that have arisen
subsequent to that stage of the proceedings). 8 C.F.R. § 1003.23(b)(3).
(c) Time limits. - As a general rule, a motion to reopen must be filed within 90
days of an Immigration Judge's final order. 8 C.F.R. § 1003.23(b)(1). (For cases decided
by the Immigration Judge before July 1, 1996, the motion to reopen was due on or before
September 30, 1996. 8 C.F.R. § 1003.23(b)(1)). There are few exceptions. See
subsection (e), below.
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Responses to motions to reopen are due within fifteen (15) days after the motion
was received by the Immigration Court, unless otherwise specified by the Immigration
Judge.
(d) Number limits. - A party is permitted only one motion to reopen. 8 C.F.R.
§ 1003.23(b)(1). There are few exceptions. See subsection (e), below.

(e) Exceptions to the limits on motions to reopen. - A motion to reopen may
be filed outside the time and number limits only in specific circumstances. See 8 C.F.R.
§ 1003.23(b)(4).
(i) Changed circumstances. - When a motion to reopen is based on a
request for asylum, withholding of removal (restriction on removal"), or protection
under the Convention Against Torture, and it is premised on new circumstances, the
motion must contain a complete description of the new facts that comprise those
circumstances and articulate how those circumstances affect the party's eligibility
for relief. See 8 C.F.R. § 1003.23(b)(4)(i). Motions based on changed
circumstances must also be accompanied by evidence of the changed
circumstances alleged. See 8 C.F.R. § 1003.23(b)(3).
(ii) In absentia proceedings. - There are special rules pertaining to
motions to reopen following an alien's failure to appear for a hearing. See Chapter
5.9 (Motions to Reopen In Absentia Orders).

(iii) Joint motions. - Motions to reopen that are agreed upon by all parties
and are jointly filed are not limited in time or number.
See 8 C.F.R.
§ 1003.23(b)(4)(iv).
(iv) DHS motions. - For cases in removal proceedings, the Department of
Homeland Security (DHS) is not subject to time and number limits on motions to
reopen. See 8 C.F.R. § 1003.23(b)(1). For cases brought in deportation or
exclusion proceedings, DHS is subject to the time and number limits on motions to
reopen, unless the basis of the motion is fraud in the original proceeding or a crime
that would support termination of asylum. See 8 C.F.R. § 1003.23(b)(1).
(v) Pre-9/30/96 motions. - Motions filed before September 30, 1996 do not
count toward the one-motion limit.
(vi) Battered spouses, children, and parents. - There are special rules
for certain motions to reopen by battered spouses, children, and parents. INA
§ 240(c)(7)(C)(iv).

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(vii) Other. -In addition to the regulatory exceptions for motions to reopen,
exceptions may be created in accordance with special statutes, case law, directives,
or other special legal circumstances. The Immigration Judge may also reopen
proceedings at any time on his or her own motion. See 8 C. F. R. § 1003.23(b)(1).
(f) Evidence. - A motion to reopen must be supported by evidence. See Chapter
5.2(e) (Evidence).
(g) Motions filed prior to deadline for appeal. - A motion to reopen filed prior to
the deadline for filing an appeal does not stay or extend the deadline for filing the appeal.
(h) Motions filed while an appeal is pending. - Once an appeal is filed with the
Board of Immigration Appeals, the Immigration Judge no longer has jurisdiction over the
case. See Chapter 5.2(a) (Where to file). Thus, motions to reopen should not be filed with
the Immigration Court after an appeal is taken to the Board.
When proceedings have been
(i) Administratively closed cases. administratively closed, the proper motion is a motion to recalendar, not a motion to
reopen. See Chapter 5.1O(t) (Motion to recalendar).

0) Automatic stays. - A motion to reopen that is filed with the Immigration Court
does not automatically stay an order of removal or deportation. See Chapter 8 (Stays).
For automatic stay provisions for motions to reopen to rescind in absentia orders, see
Chapter 5.9(d)(iv) (Automatic stay).
(k) Criminal convictions. - A motion claiming that a criminal conviction has been
overturned, vacated, modified, or disturbed in some way must be accompanied by clear
evidence that the conviction has actually been disturbed. Thus, neither an intention to
seek post-conviction relief nor the mere eligibility for post-conviction relief, by itself, is
sufficient to reopen proceedings.

5.8

Motions to Reconsider

(a) Purpose. - A motion to reconsider either identifies an error in law or fact in the
Immigration JUdge's prior decision or identifies a change in law that affects an Immigration
Judge's prior decision and asks the Immigration Judge to reexamine his or her rulinq. A
motion to reconsider is based on the existing record and does not seek to introduce new
facts or evidence.
(b) Requirements. - The motion should be filed with a cover page labeled "MOTION
and comply with the deadlines and requirements for filing. See

TO RECONSIDER"

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subsection (c), below, Chapter 5.2 (Filing a Motion), Appendix F (Sample Cover Page).
If the alien is represented, the attorney must file a Notice of Entry of Appearance as
Attorney or Representative Before the Immigration Court (Form EOIR-28). See Chapter
2.1(b) (Entering an appearance). To ensure that the Immigration Court has the alien's
current address, an Alien's Change of Address Form (EOIR-33/1C) should be filed with the
motion. A filing fee or a fee waiver request may be required. See Chapter 3.4 (Filing
Fees).
(e) Time limits. - A motion to reconsider must be filed within 30 days of the
Immigration Judge's final administrative order. 8 C.F.R. § 1003.23(b)(1). (For cases
decided by the Immigration Court before July 1, 1996, the motion to reconsider was due
on or before July 31,1996. 8 C.F.R. § 1003.23(b)(1)).
Responses to motions to reconsider are due within fifteen (15) days after the motion
was received by the Immigration Court, unless otherwise specified by the Immigration
Judge.
(d) Number limits. - As a general rule, a party may file only one motion to
reconsider. See 8 C.F.R. § 1003.23(b)(1). Motions filed prior to July 31, 1996, do not
count toward the one-motion limit. Although a party may file a motion to reconsider the
denial of a motion to reopen, a party may not file a motion to reconsider the denial of a
motion to reconsider. 8 C.F.R. § 1003.23(b)(1).

(e) Exceptions to the limits on motions to reconsider.(i) Alien motions. - There are no exceptions to the time and number
limitations on motions to reconsider when filed by an alien.

(ii) DHS motions. - For cases in removal proceedings, the Department of
Homeland Security (DHS) is not subject to time and number limits on motions to
reconsider. See 8 C.F.R. § 1003.23(b)(1). For cases brought in deportation or
exclusion proceedings, DHS is subject to the time and number limits on motions to
reconsider, unless the basis of the motion is fraud in the original proceeding or a
crime that would support termination of asylum. See 8 C.F.R. § 1003.23(b)(1).
(iii) Other. - In addition to the regulatory exceptions for motions to
reconsider, exceptions may be created in accordance with special statutes, case
law, directives, or other special legal circumstances. The Immigration Judge may
also reconsider proceedings at any time on its own motion.
8 C.F.R.
§ 1003.23(b)(1).

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(f) Identification of error. - A motion to reconsider must state with particularity the
errors of fact or law in the Immigration Judge's prior decision, with appropriate citation to
authority and the record. If a motion to reconsider is premised upon changes in the law,
the motion should identify the changes and, where appropriate, provide copies of that law.
For citation guidelines, see Chapter 4.19(f) (Citation), Appendix J (Citation Guidelines).
(g) Motions filed prior to deadline for appeal. - A motion to reconsider filed prior
to the deadline for filing an appeal does not stay or extend the deadline for filing the
appeal.
(h) Motions filed while an appeal is pending. - Once an appeal is filed with the
Board of Immigration Appeals, the Immigration Judge no longer has jurisdiction over the
case. See Chapter 5.2(a) (Where to file). Thus, motions to reconsider should not be filed
with an Immigration Judge after an appeal is taken to the Board.
(i) Automatic stays. - A motion to reconsider does not automatically stay an order
of removal or deportation. See Chapter 8 (Stays).
(j) Criminal convictions. - When a criminal conviction has been overturned,
vacated, modified, or disturbed in some way, the proper motion is a motion to reopen, not
a motion to reconsider. See Chapter 5.7(k) (Criminal convictions).

5.9

Motions to Reopen In Absentia Orders

(a) In general. - A motion to reopen requesting that an in absentia order be
rescinded asks the Immigration Judge to consider the reasons why the alien did not appear
at the alien's scheduled hearing. See Chapter 4.17 (In Absentia Hearing).
(b) Filing. - The motion should be filed with a cover page labeled "MOTION TO
REOPEN AN IN ABSENTIA ORDER" and comply with the deadlines and requirements for filing.
See subsection (d), below, Chapter 5.2 (Filing a Motion), Appendix F (Sample Cover
Page). If the alien is represented, the attorney must file a Notice of Entry of Appearance
as Attorney or Representative Before the Immigration Court (Form EOIR-28). See Chapter
2.1(b) (Entering an appearance). To ensure that the Immigration Court has the alien's
current address, an Alien's Change of Address Form (EOIR-33/IC) should be filed with the
motion. A filing fee or fee waiver request may be required, depending on the nature of the
motion. See 8 C.F.R. § 1003.24(b)(2).

(c) Deportation and exclusion proceedings. - The standards for motions to
reopen to rescind in absentia orders in deportation and exclusion proceedings differ from
the standards in removal proceedings. See Chapter 7 (Other Proceedings before
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Immigration Judges). The provisrons in subsection (d), below, apply to removal
proceedings only. Parties in deportation or exclusion proceedings should carefully review
the controlling law and regulations. See 8 C.F.R. § 1003.23(b)(4)(iii).
(d) Removal proceedings. - The following provisions apply to motions to reopen
to rescind in absentia orders in removal proceedings only. Parties should note that, in
removal proceedings, an in absentia order may be rescinded only upon the granting of a
motion to reopen. The Board of Immigration Appeals does not have jurisdiction to consider
direct appeals of in absentia orders in removal proceedings.
(i) Content. demonstrate that:

A motion to reopen to rescind an in absentia order must

o

the failure to
circumstances;

appear

was

because

of

exceptional

o

the failure to appear was because the alien did not receive
proper notice; or

o

the failure to appear was because the alien was in federal or
state custody and the failure to appear was through no fault of
the alien

INA § 240(b)(5)(C), 8 C.F.R. § 1003.23(b)(4)(ii). The term "exceptional
circumstances" refers to exceptional circumstances beyond the control of the alien
(such as battery or extreme cruelty to the alien or any child or parent of the alien,
serious illness of the alien or serious illness or death of the spouse, child, or parent
of the alien, but not including less compelling circumstances). INA § 240(e)(1).
(ii) Time limits. (A) Within 180 days. - If the motion to reopen to rescind an in
absentia order is based on an allegation that the failure to appear was
because of exceptional circumstances, the motion must be filed within 180
days after the in absentia order. See INA § 240(b)(5)(C), 8 C.F.R.
§ 1003.23(b)(4)(ii).
(B) At any time. - If the motion to reopen to rescind an in absentia
order is based on an allegation that the alien did not receive proper notice of
the hearing, or that the alien was in federal or state custody and the failure

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to appear was through no fault of the alien, the motion may be filed at any
time. See INA § 240(b)(5)(C), 8 C.F.R. § 1003.23(b)(4)(ii).
(C) Responses. - Responses to motions to reopen to rescind in
absentia orders are due within fifteen (15) days after the motion was
received by the Immigration Court, unless otherwise specified by the
Immigration Judge.
·(iii) Number limits. - The alien is permitted to file only one motion to
reopen to rescind an in absentia order. 8 C.F.R. § 1003.23(b)(4)(ii).
(iv) Automatic stay. - The removal of the alien is automatically stayed
pending disposition by the Immigration Judge of the motion to reopen to rescind an
in absentia order in removal proceedings. See INA § 240(b)(5)(C), 8 C.F.R.
§ 1003.23(b)(4)(ii).

5.10

Other motions

(a) Motion to continue. - A request for a continuance of any hearing should be
made by written motion. Oral motions to continue are discouraged. The motion should set
forth in detail the reasons for the request and, if appropriate, be supported by evidence.
See Chapter 5.2(e) (Evidence). It should also include the date and time of the hearing, as
well as preferred dates that the party is available to re-schedule the hearing. However,
parties should be mindful that the Immigration Court retains discretion to schedule
continued cases on dates that the court deems appropriate.
The motion should be filed with a cover page labeled "MOTION TO CONTINUE" and
comply with the deadlines and requirements for filing. See Chapter 5.2 (Filing a Motion),
Appendix F (Sample Cover Page).
The filing of a motion to continue does not excuse the appearance of an alien or
representative at any scheduled hearing. Therefore, until the motion is granted, parties
must appear at all hearings as originally scheduled.
(b) Motion to advance. - A request to advance a hearing date (move the hearing
to an earlier date) should be made by written motion. Motions to advance are disfavored.
Examples of circumstances under which a hearing date might be advanced include:
o

imminent ineligibility for relief, such as a minor alien "aging out" of
derivative status

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o

a health crisis necessitating immediate action by the Immigration
Judge

A motion to advance should completely articulate the reasons for the request and
the adverse consequences if the hearing date is not advanced. The motion should be filed
with a cover page labeled "MOTION TO ADVANCE" and comply with the deadlines and
requirements for filing. See Chapter 5.2 (Filing a Motion), Appendix F (Sample Cover
Page).
(c) Motion to change venue. - A request to change venue should be made by
written motion. The motion should be supported by documentary evidence. See Chapter
5.2(e) (Evidence). The motion should contain the following information:
o

the date and time of the next scheduled hearing

o

an admission or denial of the factual allegations and charge(s) in the
Notice to Appear (Form 1-862)

o

a designation or refusal to designate a country of removal

o

if the alien will be requesting relief from removal, a copy of the
application and a description of the basis for eligibility

o

the address and telephone number of the location at which
respondent will be residing if the motion is granted

o

if the address at which the alien is receiving mail has changed, a
properly completed Alien's Change of Address Form (Form
EOIR-33/IC)

o

a detailed explanation of the reasons for the request

See generally Mattera' Rahman, 20 I&N Dec. 480 (BIA 1992),8 C.F.R. § 1003.20.
The motion should be filed with a cover page labeled ,eMOTION TO CHANGE VENUE"
and comply with the deadlines and requirements for filing. See Chapter 5.2 (Filing a
Motion), Appendix F (Sample Cover Page).
The filing of a motion to change venue does not excuse the appearance of an alien
or representative at any scheduled hearing. Therefore, until the motion is granted, parties
must appear at all hearings as originally scheduled.

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(d) Motion for substitution of counsel. representation).

(e) Motion to withdraw as counsel. representation) .

See Chapter 2.3(i)(Change in

See Chapter 2.3(i) (Change in

(f) Motion for extension. - See Chapter 3.1(c)(iv) (Motions for extensions of filing
deadlines).

(g) Motion to accept an untimely filing. - See Chapter 3.1(d)(ii) (Untimely filings).
(h) Motion for closed hearing. -

See Chapter 4.9 (Public Access).

(i) Motion to waive representative's appearance. Calendar Hearing).

0)

See Chapter 4.15 (Master

Motion to waive respondent's appearance. Calendar Hearing).

See Chapter 4.15 (Master

(k) Motion to permit telephonic appearance. Calendar Hearing).

See Chapter 4.15 (Master

(I) Motion to request an interpreter. Hearing).

See Chapter 4.15 (Master Calendar

(m) Motion for video testimony. - See Chapter 4.15 (Master Calendar Hearing).
(n) Motion to present telephonic testimony. Calendar Hearing).
(0) Motion for subpoena. -

See Chapter 4.20 (Subpoenas).

(p) Motion for consolidation. Cases).

(q) Motion for severance. Cases).

See Chapter 4.21 (Combining and Separating

See Chapter 4.21 (Combining and Separating

(r) Motion to stay removal or deporlation. -

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(s) Motions in disciplinary proceedings. - Motions in proceedings involving the
discipline of an attorney or representative are discussed in Chapter 10 (Discipline of
Practitioners) .
(t) Motion to recalendar. - When proceedings have been administratively closed
and a party wishes to reopen the proceedings, the proper motion is a motion to
recalendar, not a motion to reopen. A motion to recalendar should provide the date and
the reason the case was closed. If available, a copy of the closure order should be
attached to the motion. The motion should be filed with a cover page labeled "MOTION TO
RECALENDAR" and comply with the requirements for filing. See Chapter 5.2 (Filing a
Motion), Appendix F (Sample Cover Page). To ensure that the Immigration Court has the
alien's current address, an Alien's Change of Address Form (EOIR-33/1C) should be filed
with the motion. Motions to recalendar are not subject to time and number restrictions.
(u) Motion to amend. - The Immigration Judge entertains motions to amend
previous filings in limited situations (e.g., to correct a clerical error in a filing). The motion
should clearly articulate what needs to be corrected in the previous filing. The filing of a
motion to amend does not affect any existing motion deadlines.
The motion should be filed with a cover page labeled "MOTION TO AMEND" and
comply with the requirements for filing. See Chapter 5.2 (Filing a Motion), Appendix F
(Sample Cover Page).
(v) Other types of motions. - The Immigration Court entertains other types of
motions as appropriate to the facts and law of each particular case, provided that the
motion is timely, is properly filed, is clearly captioned, and complies with the general motion
requirements. See Chapters 5.2 (Filing a Motion), Appendix F (Sample Cover Page).

5.11

Decisions

Immigration judges decide motions either orally at a hearing or in writing. If the
decision is in writing, it is generally served on the parties by regular mail.

5.12

Effect of Departure

An alien's departure, deportation, or removal from the Untied States while a motion
to reopen or a motion to reconsider is pending constitutes withdrawal of the motion. 8
C.F.R. § 1003.23(b)(1).

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Response to Motion

Responses to motions must comply with the deadlines and requirements for filing.
See 8 C.F.R. § 1003.23(a), Chapter 3 (Filing with the Immigration Court). A motion is
deemed unopposed unless timely response is made. Parties should note that unopposed
motions are not necessarily granted.

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Chapter 6
Appeals of Immigration Judge Decisions

6 Appeals of Immigration Judge Decisions
6.1

Appeals Generally

The Board of Immigration Appeals has nationwide jurisdiction to review decisions
of Immigration Judges. See 8 C.F.R. § 1003.1, Chapter 1.2(c) (Relationship to the Board
of Immigration Appeals). Accordingly, appeals of Immigration Judges' decisions should
be made to the Board. Appeals of Immigration Judges' decisions are distinct from motions
to reopen or motions to reconsider, which are filed with the Immigration Court following a
decision ending proceedings. See Chapter 5 (Motions before the Immigration Court).
This chapter is limited to appeals from the decisions of Immigration Judges in
removal, deportation, and exclusion proceedings. Other kinds of appeals are discussed
in the following chapters:
Chapter 7
Chapter 9
Chapter 10

Other Proceedings before Immigration Judges
Detention and Bond
Discipline of Practitioners

For detailed guidance on appeals, parties should consult the Board of Immigration
Appeals Practice Manual, which is available on the Executive Office for Immigration
Review website at www.usdoLgov/eoir/biainfo.htm.

6.2

Process

(a) Who may appeal. - An Immigration Judge's decision may be appealed only
by the alien subject to the proceeding, the alien's legal representative, or the Department
of Homeland Security. See 8 C.F.R. § 1003.3.
(b) How to appeal. - To appeal an Immigration Judge's decision, a party must file
a properly completed and executed Notice of Appeal (Form EOIR-26) with the Board of
Immigration Appeals. The Form EOIR-26 must be received by the Board no later than 30
calendar days after the Immigration Judge renders an oral decision or mails a written
decision. See 8 C.F.R. § 1003.38. Parties must comply with all instructions on the Form
EOIR-26.
Appeals are subject to strict requirements. For detailed information on these
requirements, parties should consult the Board of Immigration Appeals Practice Manual.

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Chapter 6
Appeals of Immigration Judge Decisions

Jurisdiction

After an appeal has been filed, jurisdiction shifts between the Immigration Court and
the Board of Immigration Appeals depending on the nature and status of the appeal. For
detailed guidance on whether the Immigration Court or the Board has jurisdiction over a
particular matter in which an appeal has been filed, parties should consult the Board of
Immigration Appeals Practice Manual. See Appendix K (Where to File).

6.4

Waiver of Appeal

(a) Effect of appeal waiver. - If the opportunity to appeal is knowingly and
voluntarily waived, the decision of the Immigration Judge becomes final. See 8 C.F.R.
§ 1003.39. If a party waives appeal at the conclusion of proceedings before the
Immigration Judge, that party generally may not file an appeal thereafter. See 8 C.F.R.
§ 1003.3(a)(1), Matter of Shih, 20 I&N Dec. 697 (BIA 1993). See also 8 C.F.R.
§ 1003.1(d)(2)(i)(G).
(b) Challenging a waiver of appeal. - Generally, a party who waives appeal
cannot retract, withdraw, or otherwise undo that waiver. If a party wishes to challenge the
validity of his or her waiver of appeal, the party may do so in one of two ways: either in a
timely motion filed with the Immigration Judge that explains why the appeal waiver was not
valid or in an appeal filed directly with the Board of Immigration Appeals that explains why
the appeal waiver was not valid. Matter of Patino, 23 I&N Dec. 74 (BIA 2001). Once an
appeal is filed, jurisdiction vests with the Board, and the motion can no longer be ruled
upon by the Immigration Judge. For detailed guidance on whether the Immigration Court
or the Board has jurisdiction over a particular matter in which an appeal has been filed,
parties should consult the Board of Immigration Appeals Practice Manual.

6.5

Certification

An Immigration Judge may ask the Board of Immigration Appeals to review his or
her decision. See 8 C.F.R. §§ 1003.1(c), 1003.7. This is known as "certifying" the case
to the Board. When a case is certified, an Immigration Court serves a notice of certification
on the parties. Generally, a briefing schedule is served on the parties following
certification.
The certification of a case is separate from any appeal in the case. Therefore, a
party wishing to appeal must file an appeal even if the Immigration Judge has certified the
case to the Board. See 8 C.F.R. § 1003.3(d).

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Additional Information

For detailed guidance on appeals, parties should consult the Board of Immigration
Appeals Practice Manual, which is available on the Executive Office for Immigration
Review website at www.usdoLgov/eoir/biainfo.htm.

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Chapter 7
Other Proceedings before Immigration Judges

7 Other Proceedings before Immigration Judges
7.1

Overview

While the vast majority of proceedings conducted by Immigration Judges are
removal proceedings, Immigration Judges have jurisdiction over other kinds of proceedings
as well. This chapter provides a brief overview of these other kinds of proceedings. They
include:
o

deportation proceedings and exclusion proceedings

o

rescission proceedings

o

limited proceedings, including:
•

credible fear proceedings

•

reasonable fear proceedings

•

claimed status review

4»

asylum-only proceedings

•

withholding-only proceedings

Removal proceedings are discussed in Chapter 4 (Hearings before Immigration
Judges). Additional proceedings conducted by lrnmiqration Judges are discussed in the
following chapters:
Chapter 9
Chapter 10

7.2

Detention and Bond
Discipline of Practitioners

Deportation Proceedings and Exclusion Proceedings

(a) In general. (i) Replaced by removal proceedings. - Beginning with proceedings
commenced on April 1, 1997, deportation and exclusion proceedings have been
replaced by removal proceedings. See generally INA §§ 239, 240, 8 C.F.R.
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§§ 1003.12 et seq., 1240.1 et seq. However, Immigration Judges continue to
conduct deportation and exclusion proceedings in certain cases that began before
April 1, 1997.
Oi) Compared with removal proceedings. -The procedures in deportation
and exclusion proceedings are generally similar to the procedures in removal
proceedings. See Chapters 2 (Appearances before the Immigration Court), 3 (Filing
with the Immigration Court), 4 (Hearings before Immigration JUdges), 5 (Motions
before the Immigration Court), 6 (Appeals of Immigration Judge Decisions).
However, deportation and exclusion proceedings are significantly different from
removal proceedings in areas such as burden of proof, forms of relief available, and
custody. Accordingly, parties in deportation and exclusion proceedings should
carefully review the laws and regulations pertaining to those proceedings. The
information in this chapter is provided as a general guideline only.
(b) Deportation proceedings. (i) Order to Show Cause. - Deportation proceedings began when the
former Immigration and Naturalization Service (INS) filed an Order to Show Cause
(Form 1-221) with the Immigration Court after serving it on the alien in person or by
certified mail. See former INA § 242B(a)(1), 8 C.F.R. § 1240.40 et seq. See also
Chapter 1.2 (Function of the Office of the Chief Immigration Judge). Similar to a
Notice to Appear (Form 1-862), an Order to Show Cause (Form 1-221) is a written
notice containing factual allegations and charge(s) of deportability.

OJ) Hearing notification. -In deportation proceedings, hearing notices from
the Immigration Court are served on the parties, personally or by certified mail, at
least 14 days prior to the hearing.
(iii) Grounds of deportability. - The grounds for deportation that apply in
deportation proceedings are listed in former INA § 241. In some cases, those
grounds are different from the grounds of deportability in removal proceedings.
Compare former INA § 241 (prior to 1997) with current INA § 237.
(iv) Forms of relief. - For the most part, the same forms of relief are
available in deportation proceedings as in removal proceedings. However, there are
important differences. Parties in deportation proceedings should carefully review
the relevant law and regulations.
(v) Appeals. - In most cases, an Immigration Judge's decision in a
deportation proceeding can be appealed to the Board of Immigration Appeals. See
Chapter 6 (Appeals of Immigration Judge Decisions).
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(c) Exclusion proceedings. (i) Notice to Applicant Detained for Hearing. - Exclusion proceedings
began when the Immigration and Naturalization Service (INS) filed a Notice to
Applicant for Admission Detained for Hearing before an Immigration Judge (Form
1-122). See former INA § 242(b), 8 C.F.R. § 1240.30 et seq. The Form 1-122 is a
written notice containing the charge(s) of excludability. Unlike the Order to Show
Cause, the Form 1-122 does not contain factual allegations.
(ii) Hearing notification. - In exclusion proceedings, the alien must be
given a reasonable opportunity to be present at the hearing. Note that, in exclusion
proceedings, notice to the alien is not governed by the same standards as in
deportation proceedings. See Matter at Nati, 19 I&N Dec. 430 (BIA 1987).
(iii) Closed to public. - Exclusion hearings are closed to the public, unless
the applicant requests that the public be allowed to attend.
(iv) Grounds ofexcludability. - The grounds for exclusion are listed in the
former INA § 212. In some cases, the grounds of excludability in exclusion
proceedings are different from the grounds of inadmissibility in removal
proceedings. Compare former INA § 212 (prior to 1997) with current INA § 212.
(v) Forms of relief. - For the most part, the same forms of relief are
available in exclusion proceedings as in removal proceedings. However, there are
important differences. Parties in exclusion proceedings should carefully review the
relevant law and regulations.
(vi) Appeals. -An Immigration Judge's decision in an exclusion proceeding
can be appealed to the Board of Immigration Appeals. See Chapter 6 (Appeals of
Immigration Judge Decisions).

7.3

Rescission Proceedings

(a) In general. - In a rescission proceeding, an Immigration Judge determines
whether an alien's status as a lawful permanent resident should be "rescinded," or taken
away, because alien was not entitled to become a lawful permanent resident. See
generally 8 C.F.R. § 1246.1 et seq. An alien's lawful permanent resident status may not
be rescinded if more than 5 years have passed since the alien became a lawful permanent
resident. See INA § 246(a).

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(b) Notice of Intent to Rescind. - A rescission proceeding begins when the
Department of Homeland Security personally serves an alien with a Notice of Intent to
Rescind. The alien has 30 days to submit a sworn answer in writing and/or request a
hearing before an Immigration Judge. A rescission hearing is held if the alien files a timely
answer which contests or denies any allegation in the Notice of Intent to Rescind or the
alien requests a hearing.
(e) Conduct of hearing. - Rescission proceedings are conducted in a manner
similar to removal proceedings. See Chapter 4 (Hearings Before Immigration JUdges).
(d) Appeal. - An Immigration Judge's decision in a rescission proceeding can be
appealed to the Board of Immigration Appeals.

7.4

Limited Proceedings

(a) In general. - Certain aliens can be removed from the United States without
being placed into removal proceedings. However, in some circumstances, these aliens
may be afforded limited proceedings, including credible fear review, reasonable fear
review, claimed status review, asylum-only proceedings, and withholding-only proceedings.
(b) Classes of aliens. - The following aliens can be removed from the United
States without being placed into removal proceedings. These aliens are afforded limited
proceedings as described below.
(i) Expedited removal under INA § 235(b)(1). subject to "expedited removal" under INA § 235(b)(1):

The following aliens are

o

aliens arriving at a port of entry without valid identity or travel
documents, as required, or with fraudulent documents

o

aliens interdicted at sea (in international or U.S. waters) and
brought to the United States

o

aliens who have not been admitted or paroled into the United
States and who have not resided in the United States for two
years or more

o

individuals paroled into the United States after April 1, 1997,
and whose parole has since been terminated

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(A) Exceptions. - The following aliens are not subject to expedited
removal under INA § 235(b)(1):
o

lawful permanent residents

o

aliens granted refugee or asylee status

o

aliens seeking asylum while applying for admission
under the visa waiver program

o

Cuban nationals arriving by air at a port of entry

o

minors, unless they have committed certain crimes

(B) Limited proceedings afforded. - As described below, aliens
subject to expedited removal under INA § 235(b)(1) are afforded the
following proceedings:
o

if the alien expresses a fear of persecution or torture,
the alien is placed into "credible fear proceedings," as
described in subsection (d), (below)

o

if the alien claims to be a United States citizen or a
lawful permanent resident, or that he or she has been
granted refugee or asylee status, the alien is allowed a
"claimed status review," as described in subsection (f),
(below)

(ii) Expedited removal under INA § 238(b). - Aliens who are not lawful
permanent residents and who have been convicted of aggravated felonies are
subject to "expedited removal" under INA § 238(b). If such an alien expresses a
fear of persecution or torture, the alien is placed into "reasonable fear proceedings."
See subsection (e), below.
(iii) Reinstatement of prior orders under INA § 241(a)(5). - Under INA
§ 241 (a)(5), aliens who are subject to reinstatement of prior orders of removal are
not entitled to removal proceedings. If such an alien expresses a fear of
persecution or torture, the alien is placed into "reasonable fear proceedings." See
subsection (e), below.

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(iv) Stowaways. - If a stowaway expresses a fear of persecution or torture,
he or she is placed into credible fear proceedings. See INA § 235 (a)(2), subsection
(d), below.
(v) Others. - In certain circumstances, the aliens listed below may be
placed into asylum-only proceedings. See subsection (g), below.
o

crewmembers (0 visa applicants)

o

certain cooperating witnesses and informants
applicants)

o

visa waiver applicants and visa waiver overstays

o

aliens subject to removal under INA § 235(c) on security
grounds

(S visa

(c) Custody in limited proceedings. - An alien subject to limited proceedings
may be detained during the proceedings. Immigration Judges have no jurisdiction over
custody decisions for these aliens.
(d) Credible fear proceedings. - Credible fear proceedings involve stowaways
and aliens subject to expedited removal under INA § 235(b)(1). See subsections (b)(i),
(b)(iii), above. If such an alien expresses a fear of persecution or torture to the Department
of Homeland Security (DHS) immigration officer upon being detained by OHS or applying
to enter the United States, the alien is interviewed by a DHS asylum officer who evaluates
whether the alien possesses a credible fear of persecution or torture. See generally INA
§ 235(b)(1)(B).
(i) Credible fear standard. - "Credible fear of persecution" means that
there is a significant possibility that the alien can establish eligibility for asylum
under INA § 208 or withholding of removal ("restriction on removal") under INA
§ 241 (b)(3). The credibility of the alien's statements in support of the claim, and
other facts known to the reviewing official, are taken into account. 8 C.F.R.
§§ 208.30(e)(2), 1003.42(d).
"Credible fear of torture" means there is a significant possibility that the alien
is eligible for withholding of removal ("restriction on removal") or deferral of removal
under the Convention Against Torture pursuant to 8 C.F.R. §§ 208.16 or 208.17.
8 C.F.R. §§ 208.30(e)(3), 1003.42(d).

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(ii) If the DHS asylum officer finds credible fear. (A) Stowaways. - If the DHS asylum officer finds that a stowaway
has a credible fear of persecution or torture, the stowaway is placed in
asylum-only proceedings before an Immigration Judge. See 8 C.F.R.
§ 208.30(f). In asylum-only proceedings, the stowaway can apply for asylum,
withholding of removal ("restriction on removal") under INA § 241(b)(3), and
protection under the Convention Against Torture. See subsection (g), below.
(B) Aliens subject to expedited removal underINA \ § 235(b)(1). If the DHS asylum officer finds that an alien subject to expedited removal
under INA § 235(b)(1) has a credible fear of persecution or torture, the alien
is placed in removal proceedings before an Immigration Judge. See 8
C.F.R. § 208.30(f). In removal proceedings, the alien has the same rights,
obligations, and opportunities for relief as any other alien in removal
proceedings. See Chapter 4 (Hearings before Immigration Judges).
(iii) If the DHS asylum officer does not find credible fear. - If the DHS
asylum officer finds that the alien does not have a credible fear of persecution or
torture, the alien may request that an Immigration Judge review this finding. See
8 C.F.R. § 208.30(g).
(iv) Credible fear review by an Immigration Judge. - The credible fear
review is conducted according to the provisions in (A) through (E), below. See
generally INA § 235(b)(1)(B), 8 C.F.R. § 1003.42.
(A) Timing. - The credible fear review must be concluded no later
than 7 days after the date of the DHS asylum officer's decision. If possible,
the credible fear review should be concluded 24 hours after the decision.
(B) Location. - If possible, the credible fear review is conducted in
person. However, because of the time constraints, the credible fear review
may be conducted by video or telephone conference. See Chapter 4.7
(Hearings by Video or Telephone Conference).
(C) Representation. - Priorto the credible fear review, the alien may
consult with a person or persons of the alien's choosing. In the discretion of
the Immigration Judge, persons consulted may be present during the
credible fear review. However, the alien is not represented at the credible
fear review. Accordingly, persons acting on the alien's behalf are not entitled
to make opening statements, call and question witnesses, conduct cross
examinations, object to evidence, or make closing arguments.
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(D) Record of Proceedings. - DHS must give the complete record
of the DHS asylum officer's credible fear determination to the Immigration
Court. This record includes any notes taken by the DHS asylum officer. The
Immigration Judge creates a record, which is kept separate from the Record
of Proceedings in any subsequent Immigration Court proceeding involving
the alien.
(E) Conduct of hearing. - A credible fear review is not as
exhaustive or in-depth as an asylum hearing in removal proceedings.
Rather, a credible fear review is simply a review of the DHS asylum officer's
decision. Either the alien or DHS may introduce oral or written statements,
and the court provides an interpreter if necessary. Evidence may be
introduced at the discretion of the Immigration Judge. The hearing is
recorded. Parties should be mindful that all requests for continuances are
subject to the statutory time limits. See (A), above.
(v) If the Immigration Judge finds credible fear. (A) Stowaways. - If the Immigration judge finds that a stowaway
has a credible fear of persecution or torture, the stowaway is placed in
asylum-only proceedings. See 8 C.F.R. § 1208.30(g)(2)(iv)(C). In asylumonly proceedings, the stowaway can apply for asylum, withholding of removal
("restriction on removal") under § INA 241(b)(3), and protection under the
Convention Against Torture. See subsection (g), below.
(B) Aliens subject to expedited removal under INA § 235(b)(1).If the Immigration Judge finds that an alien subject to expedited removal
under INA § 235(b)(1) has a credible fear of persecution or torture, the alien
is placed in removal proceedings.
See 8 C.F.R. §§ 1003.42(f),
1208.30(g)(2)(iv)(B). In removal proceedings, the alien has the same rights,
obligations, and opportunities for relief, including the opportunity to apply for
asylum, as any other alien in removal proceedings. See Chapter 4 (Hearings
before Immigration Judges).
(vi) If the Immigration Judge does not find credible fear. - If the
Immigration Judge does not find credible fear of persecution or torture, the alien is
returned to DHS for removal. Neither party may appeal an Immigration Judge's
ruling in a credible fear review. However, after providing notice to the Immigration
Judge, DHS may reconsider its determination that an alien does not have a credible
fear of persecution. See 8 C.F.R. § 1208.30(g)(2)(iv)(A).

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(e) Reasonable fear proceedings. - Reasonable fear proceedings involve aliens
subject to expedited removal under INA § 238(b) and aliens subject to reinstatement of
prior orders of removal under INA § 241 (a)(5). See subsections (b)(ii), (b)(iii), above. If
such an alien expresses a fear of persecution or torture to the Department of Homeland
Security (DHS) immigration officer, the alien is interviewed by a DHS asylum officer who
evaluates whether the alien has a "reasonable fear of persecution or torture." See
generally 8 C.F.R. § 1208.31.
(i) Reasonable fearstandard. - "Reasonable fear of persecution or torture"
means a reasonable possibility that the alien would be persecuted on account of his
or her race, religion, nationality, membership in a particular social group, or political
opinion, or a reasonable possibility that the alien would be tortured if returned to the
country of removal. The bars to eligibility for withholding of removal ("restriction on
removal") under INA § 241 (b)(3)(B) are not considered. 8 C.F.R. § 1208.31(c).
(ii) If the DHS asylum officer finds reasonable fear. - If the DHS asylum
officer finds that the alien has a reasonable fear of persecution or torture, the alien
is placed in withholding-only proceedings before an Immigration Judge. See 8
C.F.R. § 208.31 (e). In withholding-only proceedings, the alien can apply for
withholding of removal ("restriction on removal") under INA § 241 (b)(3) and
protection under the Convention Against Torture. See subsection (h), below.
(iii) Ifthe DHS asylum officer does not find reasonable fear. -If the DHS
asylum officer finds that the alien does not have a reasonable fear of persecution
or torture, the alien may request that an Immigration JUdge review this finding. See
8 C.F.R. § 208.31 (t).

(iv) Reasonable fear review by an Immigration Judge. - The reasonable
fear review is conducted according to the provisions in (A) through (E), below. See
generally 8 C.F.R. § 1208.31.
(A) Timing. - In the absence of exceptional circumstances, the
reasonable fear review is conducted within 10 days after the case is referred
to the Immigration Court.
(B) Location. - If possible, the reasonable fear review is conducted
in person. However, because of the time constraints, the reasonable fear
review may be conducted by video or telephone conference. See Chapter
4.7 (Hearings by Video or Telephone Conference).

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(C) Representation. - Subject to the Immigration Judge's discretion,
the alien may be represented during the reasonable fear review at no
expense to the government.
(D) Record of Proceedings. - DHS must file the complete record
of the DHS asylum officer's reasonable fear determination with the
Immigration Court. This record includes any notes taken by the DHS asylum
officer. The Immigration Judge creates a record, which is kept separate from
the Record of Proceedings in any subsequent Immigration Court proceeding
involving the alien.
(E) Conduct of hearing. - A reasonable fear review hearing is not
as comprehensive or in-depth as a withholding of removal hearing in removal
proceedings. Rather, it is a review of the DHS asylum officer's decision.
Either party may introduce oral or written statements, and the court provides
an interpreter if necessary. Evidence may be introduced at the discretion of
the Immigration Judge. The hearing is recorded. Parties should be mindful
that all requests for continuances are subject to the statutory time limits. See
(A), above.
(v) If the Immigration Judge finds reasonable fear. - If the Immigration
Judge finds that the alien has a reasonable fear of persecution or torture, the alien
is placed in withholding-only proceedings. See 8 C.F.R. § 1208.31(g)(2). In
withholding-only proceedings, the alien can apply for withholding of removal
("restriction on removal") under INA § 241(b)(3) and protection under the
Convention Against Torture. See subsection (h).
(vi) If the Immigration Judge does not find reasonable fear. - If the
Immigration Judge does not find a reasonable fear of persecution or torture, the
alien is returned to DHS for removal. There is no appeal from an Immigration
Judge's ruling in a reasonable fear review. See 8 C.F.R. § 1208.31(g)(1).
(f) Claimed status review. - If an individual is found by a Department of
Homeland Security (DHS) immigration officer to be subject to expedited removal under INA
§ 235(b)(1), but claims to be a United States citizen or lawful permanent resident, or to
have been granted asylum or admitted to the United States as a refugee, the DHS
immigration officer attempts to verify that claim. If the claim cannot be verified, the
individual is allowed to make a statement under oath. The case is then reviewed by an
Immigration Judge in a "claimed status review." See generally 8 C.F.R. § 1235.3(b)(5).
(i) Timing. - Claimed status reviews are scheduled as expeditiously as
possible, preferably no later than 7 days after the case was referred to the
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Immigration Court and, if possible, within 24 hours. Claims to United States
citizenship may require more time to permit the alien to obtain relevant
documentation.
(ii) Location. - If possible, the claimed status review is conducted in
person. However, because of the time constraints, the claimed status review may
be conducted by video or telephone conference. See Chapter 4.7 (Hearings by
Video or Telephone Conference).
(iii) Representation. - Prior to the claimed status review, the individual
subject to the review may consult with a person or persons of his or her choosing.
In the discretion of the Immigration Judge, persons consulted may be present during
the claimed status review. However, the individual subject to the review is not
represented during the review. Accordingly, persons acting on his or her behalf are
not entitled to make opening statements, call and question witnesses, conduct cross
examinations, object to evidence, or make closing arguments.
(iv) Record of Proceedings. - The Immigration Judge creates a Record
of Proceedings. If an individual subject to a claimed status review is later placed in
removal proceedings, the Record of Proceedings for the claimed status review is
merged with the Record of Proceedings for the removal proceedings.
(v) Conduct of hearing - Either party may introduce oral or written
statements, and an interpreter is provided if necessary. Though the claimed status
review is limited in nature, claims to status, particularly claims to United States
citizenship, can be complicated and may require extensive evidence. Therefore, the
Immigration Judge has the discretion to continue proceedings to allow DHS and the
person making the claim to collect and submit evidence. The hearing is recorded.
(vi) If the Immigration Judge verifies the claimed status. - If the
Immigration Judge determines that the individual subject to the review is a United
States citizen or lawful permanent resident, or that he or she has been granted
asylum or refugee status, the expedited removal order is vacated, or cancelled, and
the proceedings are terminated.
Unless the Immigration Judge determines that the person in proceedings is
a United States citizen, DHS may elect to place him or her in removal proceedings.
In removal proceedings, he or she has the same rights, obligations, and
opportunities for relief as any other alien in removal proceedings. See Chapter 4
(Hearings before Immigration Judges).

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(vii) If the Immigration Judge cannot verify the claimed status. - If the
Immigration Judge determines that the subject of a claimed status review is not a
United States citizen or lawful permanent resident, and that he or she has not been
granted asylee or refugee status, the individual is returned to DHS for removal.
There is no appeal from an Immigration Judge's ruling in a claimed status review.
(g) Asylum-onlyproceedings. -Asylum-only proceedings are limited proceedings
in which the Immigration Judge considers applications for asylum, withholding of removal
("restriction on removal") under INA § 241(b)(3), and protection under the Convention
Against Torture.
(i) Beginning asylum-only proceedings. - Asylum-only proceedings are
commenced as follows, depending upon the status of the alien.
(A) Stowaways with a credible fear of persecution or torture. When a Department of Homeland Security (DHS) asylum officer or an
Immigration Judge finds that a stowaway has a credible fear of persecution
or torture, the stowaway's matter is referred to the Immigration Court for an
asylum-only proceeding. See 8 C.F.R. §§ 208.30(f), 1208.2(c)(1)(ii),
1208.30(g)(2)(iv)(C).
When an alien
(B) Crewmembers (0 visa applicants). crewmember expresses a fear of persecution or torture to a DHS immigration
officer, he or she is removed from the vessel and taken into DHS custody.
The crewmember is then provided an Application for Asylum and for
Withholding of Removal (Form 1-589), which must be completed and
returned to DHS within 10 days unless DHS extends the deadline for good
cause. The application is then referred to the Immigration Court for an
asylum-only proceeding. See 8 C.F.R. §§ 1208.2(c)(1)(i), 1208.5(b)(1)(ii).
(C) Visa waiver applicants and overstays. - When an alien who
has applied for admission, been admitted, or overstayed his or her admission
under the visa waiver program expresses a fear of persecution or torture to
a DHS immigration officer, or applies for asylum with DHS, the matter may
be referred to the Immigration Court for an asylum-only proceeding. See 8
C.F.R. §§ 1208.2(c)(1)(iii), 1208.2(c)(1)(iv).
(D) Certain cooperating witnesses and informants (5 visa
applicants). - When an alien who has applied for admission, or been
admitted, with an S visa expresses a fear of persecution or torture to a DHS
immigration officer, or applies for asylum with DHS, the matter is referred to

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the Immigration Court for an asylum-only proceeding.
§ 1208.2(c)(1)(vi).

See 8 C.F.R.

(E) Persons subject to removal under INA § 235(c) on security
grounds. - When a DHS immigration officer or an Immigration Judge
suspects that an arriving alien appears removable as described in INA
§ 235(c), the alien is ordered removed, and the matter is referred to a DHS
district director. A DHS regional director may then order the case referred
to an Immigration Judge for an asylum-only proceeding. See 8 C.F.R.
§§ 1208.2(c)(1)(v), 1235.8.
(ii) Scope of the proceedings. - Asylum-only proceedings are limited to
applications for asylum, withholding of removal ("restriction on removal") under INA
§ 241 (b)(3), and protection under the Convention Against Torture. Neither the alien
nor DHS may raise any other issues, including issues of admissibility, deportability,
eligibility for waivers, and eligibility for any other form of relief. See 8 C.F.R.
§ 1208.2(c)(3)(i).
(iii) Conduct of the proceedings. - Asylum-only proceedings are
conducted under the procedures governing removal proceedings. See 8 C.F.R.
§ 1208.2(c)(3). See also Chapter 4 (Hearings before Immigration Judges).
(iv) Appeals. Decisions by Immigration Judges in asylum-only
proceedings may be appealed to the Board of Immigration Appeals.
(h) Withholding-only proceedings. - Withholding-only proceedings are limited
proceedings involving aliens subject to expedited removal under INA § 238(b) and aliens
subject to reinstatement of prior orders of removal under INA § 241(a)(5), who have a
reasonable fear of persecution or torture. See 8 C.F.R. § 1208.2(c)(2). In withholding-only
proceedings, the Immigration Judge considers applications for withholding of removal
("restriction on removal") under the Immigration and Nationality Act and protection under
the Convention Against Torture.
(i) Beginning withholding-only proceedings. - When a DHS asylum
officer or Immigration Judge finds that an alien subject to expedited removal under
INA § 238(b) or an alien subject to reinstatement of a prior order of removal under
INA § 241 (a)(5) has a reasonable fear of persecution or torture, the matter is
referred to the Immigration Court for a withholding-only proceeding. See 8 C.F.R.
§§ 208.31 (e), 1208.31(g)(2).
(ii) Scope of the proceedings. - Withholding-only proceedings are limited
to applications for withholding of removal ("restriction on removal") under INA
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§ 241(b)(3) and protection under the Convention Against Torture. Neither the alien
nor DHS may raise any other issues, including issues of admissibility, deportability,
eligibility for waivers, and eligibility for any other form of relief. 8 C.F.R.
§ 1208.2(c)(3)(i).
(iii) Conduct of the proceedings. - Withholding-only proceedings are
conducted under the procedures governing removal proceedings. See 8 C.F.R.
§ 1208.2(c)(3). See also Chapter 4 (Hearings before Immigration Judges).
(iv) Appeals. - Decisions by Immigration Judges in withholding-only
proceedings may be appealed to the Board of Immigration Appeals.

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Chapter 8
Stays

8 Stays
8.1

In General

A stay prevents the Department of Homeland Security from executing an order of
removal, deportation, or exclusion. Stays are automatic in some instances and
discretionary in others. This chapter provides general guidance regarding stays. For
particular cases, parties should consult the controlling law and regulations. See INA §§
240(b)(5)(C), 240(c)(7)(C)(iv), 8 C.F.R. §§ 1003.2(f), 1003.6, 1003.23(b)(1 )(v),
1003.23(b)(4)(ii).
For cases under the jurisdiction of the Board of Immigration Appeals, parties should
consult the Board of Immigration Appeals Practice Manual. The Board of Immigration
Appeals Practice Manual is available on the Executive Office for Immigration Review
website at www.usdoLgov/eoir/biainfo.htm.

8.2

Automatic Stays

(a) Removal proceedings. of removal is automatically stayed:

There are limited circumstances in which an order

o

during the 30-day period for filing the direct appeal of an Immigration
Judge's decision on the merits, unless the right to appeal has been
waived

o

during the direct appeal of an Immigration Judge's decision on the
merits of the case (not including bond and custody determinations)

o

during the period in which a case is certified to the Board of
Immigration Appeals

o

during the period between the filing of a motion to reopen to rescind
an in absentia order and the Immigration Judge's ruling on that motion

o

pending the final disposition, including appeal, of certain motions to
reopen by battered spouses, children, and parents

An appeal or motion must be timely and properly filed for an automatic stay to take effect.

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When a stay is automatic, the Immigration Judge does not issue an order staying
removal.

(b) Deportation and exclusion proceedings. - There are important differences
between the automatic stay provisions in deportation and exclusion proceedings and the
automatic stay provisions in removal proceedings. Those differences are not covered in
this Practice Manual. Accordingly, parties in deportation or exclusion proceedings should
carefully review the controlling law and regulations.

8.3

Discretionary Stays

An Immigration Judge is authorized to grant stays as a matter of discretion, but only
for matters within the Immigration Judge's jurisdiction. See Chapters 1.5 (Jurisdiction and
Authority), 6.3 (Jurisdiction). Immigration Judges consider requests for discretionary stays
only when a motion to reopen or a motion to reconsider is pending before the Immigration
Court.

(a) Motion required. - A request for a discretionary stay should be made by
written motion. The motion should be filed with a cover page labeled "MOTION TO STAY
REMOVAL" and comply with the requirements for filing. See Chapter 3 (Filing with the
Immigration Court), Appendix F (Sample Cover Page).
If the execution of an order is imminent, the motion should be filed with a cover page
labeled C'EMERGENCYMOTION TO STAY REMOVAL" and complywith the requirements for filing.
See Chapter 3 (Filing with the Immigration Court), Appendix F (Sample Cover Page).

(b) Contents. - A motion for a discretionary stay should state the complete case
history and all relevant facts. It should also include a copy of the order that the party wants
stayed, if available. If the moving party does not have a copy of the order, that party
should provide the date of the order and a detailed description of the Immigration Judge's
ruling and reasoning, as articulated by the Immigration Judge. If the facts are in dispute,
the moving party should provide appropriate evidence. See Chapter 5.2(e) (Evidence).
(c) Pending motions. - The mere filing of a motion for a discretionary stay of an
order does not prevent the execution of the order. Therefore, the order may be executed
unless and until the motion is granted.

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Chapter 9
Detention and Bond

9 Detention and Bond
9.1

Detention

(a) In general. - The Department of Homeland Security (DHS) bears the
responsibility for the apprehension and detention of aliens. Immigrations Judges have
jurisdiction over custody determinations under certain circumstances. See generally 8
C.F.R. § 1003.19. See also Chapter 9.3 (Bond Proceedings).
(b) Place and conditions. -Aliens may be detained in a Department of Homeland
Security (DHS) Processing Facility, or in any public or private detention facility contracted
by DHS to detain aliens. See 8 C.F.R. § 235.3(e). Immigration JUdges have no jurisdiction
over the location of detention and the conditions in the detention facility.
(c) Appearance at hearings. - The Department of Homeland Security is
responsible for ensuring that detained aliens appear at all hearings.
(d) Transfers and Release. - The Department of Homeland Security (DHS)
sometimes transfers detained aliens between detention facilities.
(i) Notification. - DHS is obligated to notify the Immigration Court when an
alien is moved between detention locations. See 8 C.F.R. § 1003.19(g).
In addition, DHS is responsible for notifying the Immigration Court when an
alien is released from custody. See 8 C.F.R. § 1003.19(g). Nonetheless, the alien
should file an Alien's Change of Address Form (Form EOIR-33/IC) with the
Immigration Court to ensure that Immigration Court records are up-to-date.

(ii) Venue. - If an alien has been transferred while proceedings are
pending, the Immigration Judge with original jurisdiction over the case retains
jurisdiction until that Immigration Judge grants a motion to change venue. Either
DHS or the alien may file a motion to change venue. See Chapter 5 (Motions
before the Immigration Court). If DHS brings the alien before an Immigration Judge
in another Immigration Court and a motion to change venue has not been granted,
the second Immigration Judge does not have jurisdiction over the case, except for
bond redeterminations.

(e) Conduct of hearing. - Proceedings for detained aliens are expedited.
Hearings are held either at the detention facility or at the Immigration Court, either by video
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or telephone conference. For more information on hearings conducted by video or
telephone conference, see Chapter 4.7 (Hearings by Video or Telephone Conference).
(i) Special considerations for hearings in detention facilities. - For
hearings in detention facilities, parties must comply with the facility's security
restrictions. See Chapter 4.14 (Access to Court).
(ii) Orientation. - In some detention facilities, detainees are provided with
orientations or "rights presentations" by non-profit organizations. The Executive
Office for Immigration Review also funds orientation programs at a number of
detention facilities, which are administered by the EOIR Legal Orientation and Pro
Bono Program. See Chapter 1.4(c) (Legal Orientation and Pro Bono Program).

9.2

Detained Juveniles

(a) In general. - There are special procedures for juveniles in federal custody,
whether they are accompanied or unaccompanied. See generally 8 C.F.R. § 1236.3. For
purposes of this chapter, a juvenile is defined as an alien under 18 years of age. An
unaccompanied juvenile is defined as an alien under 18 years of age who does not have
a parent or legal guardian in the United States to provide care and physical custody.
(b) Place and conditions of detention. - The Department of Homeland Security
(DHS) bears the initial responsibility for apprehension and detention of juveniles. When
DHS determines that a juvenile is accompanied by a parent or legal guardian, DHS retains
responsibility for the juvenile's detention and removal. When DHS determines that a
juvenile is unaccompanied and must be detained, he or she is transferred to the care of
the Department of Health and Human Services, Office of Refugee Resettlement, which
provides forthe care and placement, where possible, of the unaccompanied juvenile. See
6 U.S.C. § 279.
(e) Representation and conduct of hearing. - For provisions regarding the
representation of juveniles, and the conduct of hearings involving juveniles, see Chapter
4.22 (Juveniles).
(d) Release. - Unaccompanied juveniles who are released from custody are
released to a parent, a legal guardian, an adult relative who is not in Department of
Homeland Security detention, or, in limited circumstances, to an adult who is not a family
member.

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Bond Proceedings

(a) In general. - In certain circumstances, an alien detained by the Department of
Homeland Security (DHS) can be released from custody upon the payment of bond.
Initially, the bond is set by DHS. Upon the alien's request, an Immigration Judge may
conduct a "bond hearing," in which the Immigration Judqehas the authority to redetermine
the amount of bond set by DHS.
Bond proceedings are separate from removal proceedings. See generally 8 C.F.R.
§§ 1003.19,1236.1.

(b) Jurisdiction. - Except as provided in subsections (i) through (iii), below, an
Immigration Judge generally has jurisdiction to conduct a bond hearing if the alien is in
Department of Homeland Security (DHS) custody. The Immigration Judge also has
jurisdiction to conduct a bond hearing if the alien is released from DHS custody upon
payment of a bond and, within 7 days of release, files a request for a bond redetermination
with the Immigration Court.
An Immigration Judge has jurisdiction over such cases even if a charging document
has not been filed. In addition, an Immigration Judge has jurisdiction to rule on whether
he or she has jurisdiction to conduct a bond hearing.

(i) No jurisdiction by regulation. - By regulation, an Immigration Judge
does not have jurisdiction to conduct bond hearings involving:

o

aliens in exclusion proceedings

o

arriving aliens in removal proceedings

o

aliens ineligible for release on security or related grounds

o

aliens ineligible for release on certain criminal grounds

8 C.F.R. § 1003.19(h)(2)(i).

(ii) No jurisdiction by mootness. - A bond becomes moot, and the
Immigration Judge loses jurisdiction to conduct a bond hearing, when an alien:
o

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o

is granted relief from removal by the Immigration Judge, and
the Department of Homeland Security does not appeal

o

is granted relief from removal by the Board of Immigration
Appeals

o

is denied relief from removal by the Immigration Judge, and
the alien does not appeal

o

is denied relief from removal by the Board of Immigration
Appeals

(iii) Other. - Immigration Judges do not have bond jurisdiction in certain
limited proceedings.
See generally Chapter 7 (Other Proceedings before
Immigration Judges).
(c) Requesting a bond hearing. - A request for a bond hearing may be made in
writing. In addition, except as provided in subsection (iii), below, a request for a bond
hearing may be made orally or, at the discretion of the Immigration Judge, by telephone.
If available, a copy of the Notice to Appear (Form 1-862) should be provided. The
telephone number of each Immigration Court is listed on the Executive Office for
Immigration Review website at www.usdoLgov/eoir.
(i) Contents. - A request for a bond hearing should state:

o

the full name and alien registration number ("A number") of the
alien

o

the bond amount set by the Department of Homeland Security

o

if the alien is detained, the location of the detention facility

(ii) No fee. - There is no filing fee to request a bond hearing.

(iii) Where to request. - A request for a bond hearing is made, in order of
preference, to:

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o

if the alien is detained, the Immigration Court having
administrative control over the alien's place of detention;

o

the Immigration Court with administrative control overthe case;
or

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o

the Office of the Chief Immigration Judge for designation of an
appropriate Immigration Court

8 C.F.R. § 1003.19(c). See Chapter 3.1(a)(i) (Administrative Control Courts).
(iv) Multiple requests. - If an Immigration Judge or the Board of
Immigration Appeals has previously ruled in bond proceedings involving an alien,
a subsequent request for a bond hearing must be in writing, and the alien must
show that his or her circumstances have changed materially since the last decision.
In addition, the request must comply with the requirements listed in subsection (c)(i),
above. 8 C.F.R. § 1003.19(e).

(d) Scheduling a hearing. - In general, after receiving a request for a bond.
hearing, the Immigration Court schedules the hearing for the earliest possible date and
notifies the alien and the Department of Homeland Security.
In limited circumstances, an Immigration Judge may rule on a bond redetermination
request without holding a hearing.
If an alien requests a bond hearing during another type of hearing (for example,
during a master calendar hearing in removal proceedings), the Immigration Judge may:
o

stop the other hearing and conduct a bond hearing on that date

o

complete the other hearing and conduct a bond hearing on that date

o

complete the other hearing and schedule a bond hearing for a later
date

o

stop the other hearing and schedule a bond hearing for a later date

(e) Bond hearings. - In a bond hearing, the Immigration Judge determines
whether the alien is eligible for bond. If the alien is eligible for bond, the Immigration Judge
considers whether the alien's release would pose a danger to property or persons, whether
the alien is likely to appear for further immigration proceedings, and whether the alien is
a threat to national security. In general, bond hearings are less formal than hearings in
removal proceedings.
(i) Location. - Generally, a bond hearing is held at the Immigration Court
where the request for bond redetermination is filed.

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(ii) Representation. - In a bond hearing, the alien may be represented at
no expense to the government.
(iii) Generally not recorded. -

Bond hearings are generally not recorded.

(iv) Record of Proceedings. - The Immigration Judge creates a record,
which is kept separate from the Records of Proceedings for other Immigration Court
proceedings involving the alien.
(v) Evidence. - Documents for the Immigration Judge to consider are filed
in open court or, if the request for a bond hearing was made in writing, together with
the request. Since the Record of Proceedings in a bond proceeding is kept
separate and apart from other Records of Proceedings, documents already filed in
removal proceedings must be resubmitted if the filing party wishes them to be
considered in the bond proceeding.
If documents are filed in advance of the hearing, the documents should be
filed together with the request for a bond hearing. If a document is filed in advance
of the hearing but separate from the request for a bond hearing, it should be filed
with a cover page labeled "BOND PROCEEDINGS." See Appendix F (Sample Cover
Page).
Unless otherwise directed by the Immigration Judge, the deadlines and
requirements for filings in Chapter 3 (Filing with the Immigration Court) do not apply
in bond proceedings.

(vi) Conduct of hearing. - While the Immigration Judge decides how each
hearing is conducted, parties should submit relevant evidence and:

updates:

o

the Department of Homeland Security (DHS) should state
whether a bond has been set and, if a bond has been set, the
amount of the bond and the DHS justification for that amount

o

the alien or the alien's representative should make an oral
statement (an "offer of proof" or "proffer") addressing whether
the alien's release would pose a dangerto property or persons,
whether the alien is likely to appear for future immigration
proceedings, and whether the alien poses a danger to national
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At the Immigration Judge's discretion, witnesses may be placed under oath
and testimony taken. However, parties should be mindful that bond hearings are
generally briefer and less formal than hearings in removal proceedings.
(vii) Decision. - The Immigration Judge's decision is based on any
information that is available to the Immigration judge or that is presented by the
parties. See 8 C.F.R. § 1003.19(d).

Usually, the Immigration Judge's decision is rendered orally. Because bond
hearings are generally not recorded, the decision is not transcribed. If either party
appeals, the Immigration Judge prepares a written decision based on notes from
the hearing.
(f) Appeals. - Either party may appeal the Immigration Judge's decision to the
Board of Immigration Appeals. If the alien appeals, the Immigration Judge's bond decision
remains in effect while the appeal is pending. If the Department of Homeland Security
appeals, the Immigration Judge's bond decision remains in effect while the appeal is
pending unless the Board issues an emergency stay orthe decision is automatically stayed
by regulation. See 8 C.F.R. §§ 1003.6(c), 1003.19(i).

For detailed guidance on when Immigration Judges' decisions in bond proceedings
are stayed, parties should consult the Board of Immigration Appeals Practice Manual,
which is available on the Executive Office for Immigration Review website at
www.usdoj.gov/eoir/biainfo.htm.

9.4

Continued Detention Review

(a) In general. - Generally, the Department of Homeland Security (DHS) must
remove or release detained aliens within 90 days of a final order of removal. However,
DHS may continue to detain an alien whose removal from the United States is not
"reasonably foreseeable," if the alien's release would pose a special danger to the public.
See INA § 241(a)(6), 8 C.F.R. § 1241.14(f). Such a decision by DHS to continue to detain
an alien is reviewed by an Immigration Judge in "continued detention review proceedings."
The proceedings begin with a DHS determination that continued detention is required and
are divided into two phases: (1) reasonable cause hearings and (2) continued detention
review merits hearings. See subsections (c), (d), below.
(b) DHS determination. - If an alien has been ordered removed but remains
detained, he or she may request that the Department of Homeland Security (DHS)
determinewhetherthere is a significant likelihood of removal in the reasonably foreseeable

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future. See 8 C.F.R. § 1241.13. If there is a significant likelihood of removal in the
reasonably foreseeable future, DHS may continue to detain the alien.
If there is nota significant likelihood of removal in the reasonably foreseeable future,
the alien is released unless DHS determines, based on a full medical and physical
examination, that the alien should be subject to continued detention because the alien's
release would pose a special danger to the public. Following such a determination, the
matter is referred to an Immigration judge for a reasonable cause hearing. See 8 C.F.R.
§ 1241.14(f).
(c) Reasonable cause hearing. - A reasonable cause hearing is a brief hearing
to evaluate the evidence supporting the determination by the Department of Homeland
Security (DHS) that the alien's release would pose a special danger to the public. In the
hearing, the Immigration judge decides whether DHS's evidence is sufficient to establish
reasonable cause to go forward with a continued detention review merits hearing, or
whether the alien should be released. See generally 8 C.F.R. § 1241.14.
(i) Timing. - The reasonable cause hearing begins no later than 10
business days after referral to the Immigration Court.
(ii) Location. - If possible, the reasonable cause hearing is conducted in
person, but may be conducted by telephone conference or video conference, at the
Immigration Judge's discretion. See Chapter4.7 (Hearings by Video or Telephone
Conference) .
(iii) Representation. - The alien is provided with a list of free or low-cost
legal service providers and may be represented at no expense to the government.
(iv) Conduct ofhearing. - DHS may offer any evidence that is material and
relevant to the proceeding. The alien has a reasonable opportunity to examine
evidence against him or her, to present evidence and witnesses on his or her own
behalf, and to cross-examine witnesses presented by DHS.
(v) Record of Proceedings. - The Immigration Judge creates a Record of
Proceedings, and the hearing is recorded. The Record of Proceedings is not
combined with records of any other Immigration Court proceedings involving the
same alien.
(vi) Immigration Judge's decision. - If the Immigration Judge finds that
DHS has met its burden of showing reasonable cause to go forward with a
continued detention review merits hearing, the alien is notified, and the merits
hearing is scheduled.
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If the Immigration Judge finds that DHS has not met its burden, the
Immigration Judge dismisses the proceedings, and the alien is released under
conditions determined by DHS.
(vii) Appeals. - If the Immigration Judge finds that DHS has not met its
burden of showing reasonable cause to go forward with a continued detention
review merits hearing, DHS may appeal to the Board of Immigration Appeals. The
appeal must be filed within two business days after the Immigration Judge's order.
The Immigration Judge's order dismissing the proceedings is stayed pending
adjudication of an appeal, unless DHS waives the right to appeal.
If the Immigration Judge finds that DHS has met its burden, the decision is
not appealable by the alien.
(d) Continued detention review merits hearing. - In the continued detention
review merits hearing, the Department of Homeland Security (DHS) has the burden of
proving by clear and convincing evidence that the alien should remain in custody because
the alien's release would pose a special danger to the public. See generally 8 C.F.R.

§ 1241.14.
(i) Timing. - The continued detention review merits hearing is scheduled
promptly. If the alien requests, the merits hearing is scheduled to commence within
30 days of the decision in the reasonable cause hearing.
(ii) Representation. - The alien is provided with a list of free and low-cost
legal service providers and may be represented at no expense to the government.
(iii) Conduct of hearing. - The Immigration Judge may receive into
evidence any oral or written statement that is material and relevant to the
proceeding. The alien has a reasonable opportunity to examine evidence against
him or her, to present evidence and witnesses on his or her own behalf, and to
cross-examine witnesses presented by DHS. In addition, the alien has the right to
cross-examine the author of any medical or mental health reports used as a basis
for DHS's determination that the alien's release would pose a special danger to the
public.
(iv) Immigration Judge's decision. -If the Immigration Judge determines
that DHS has met its burden of showing that the alien should remain in custody as
a special danger to the public, the Immigration Judge orders the continued
detention of the alien.

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If the Immigration Judge determines that DHS has not met its burden, the
Immigration judge dismisses the proceedings, and the alien is released under
conditions determined by DHS.
(v) Appeals. - Either party may appeal the Immigration Judge's decision to
the Board of Immigration Appeals. Appeals by DHS must be filed within 5 business
days of the Immigration Judge's order. Appeals by aliens are subject to the same
deadlines as appeals in removal proceedings. For detailed guidance on appeals,
parties should consult the Board of Immigration Appeals Practice Manual, which is
available on the Executive Office for Immigration Review website at
www.usdoj.gov/doir/biainfo.htm.
If the Immigration Judge dismisses the proceedings and orders the alien
released, the order is stayed pending adjudication of any DHS appeal, unless DHS
waives the right to appeal.

(e) Periodic review. - Following proceedings in which the alien's continued
detention has been ordered, the alien may periodically request that the Department of
Homeland Security (DHS) review his or her continued detention. The alien must show that,
due to a material change in circumstances, the alien's release would no longer pose a
special danger to the public. Such requests may be made no earlier than 6 months after
the most recent decision of the Immigration Judge or the Board of Immigration Appeals.
If DHS does not release the alien, the alien may file a motion with the Immigration
Court to set aside its prior determination in the proceedings. The alien must show that,
due to a material change in circumstances, the alien's release would no longer pose a
special danger to the public. If the Immigration Judge grants the motion, a new continued
detention review merits hearing is held. If the motion is denied, the alien may appeal to
the Board.

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10 Discipline of Practitioners
10.1

Practitioner Discipline Generally

The Executive Office for Immigration Review has the authority to impose disciplinary
sanctions on attorneys or accredited representatives who violate rules of professional
conduct in practice before the Immigration Courts, the Board of Immigration Appeals, and
the Department of Homeland Security.
See 8 C.F.R. §§ 1003.1 (d)(2)(iii),
1003.1(d)(5),1003.101-106, 1292.3. See also Matter of Gadda, 231&N Dec. 645 (BIA
2003).
Generally, discipline of practitioners is initiated by the filing of a complaint. See
Chapter 10.5 (Filing a Complaint). Any individual, including Immigration JUdges, may file
a complaint about the conduct of a practitioner.

10.2

Definition of Practitioner

For purposes of this Chapter, "practitioner" refers to an alien's attorney or
representative, as defined in 8 C.F.R. §§ 1001.1 (f) and 1001.1 U), respectively. The term
"representative" refers to non-attorneys authorized to practice before the Immigration
Courts and the Board of Immigration Appeals, including law students and law graduates,
reputable individuals, accredited representatives, accredited officials, and persons formerly
authorized to practice. See 8 C.F.R. §§ 1001.1 U), 1292.1 (a) - (b). See also Chapter 2
(Appearances Before the Immigration Court).

10.3

Jurisdiction

(aJ Immigration Judges. - Immigration Judges have the authority to file
complaints concerning practitioners who appear before them.
The disciplinary procedures described in this chapter do not apply to Immigration
Judges. For information on Immigration Judge conduct, see Chapter 1.3(c) (Immigration
Judge conduct and professionalism).

(bJ Practitioners. - The disciplinary procedures described in this chapter apply to
practitioners who practice before the Immigration Courts, the Board of Immigration
Appeals, or the Department of Homeland Security. See 8 C.F.R. § 1003.101.
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(c) DHS attorneys. - The disciplinary procedures described in this chapter do not
apply to attorneys who represent the Department of Homeland Security (DHS). The
conduct of DHS attorneys is governed by DHS rules and regulations. Concerns or
complaints about the conduct of DHS attorneys may be raised in writing with the DHS
Office of the Chief Counsel where the Immigration Court is located. A list of DHS Offices
of the Chief Counsel is
available on the DHS website at
www.ice.gov/aboutldistrictoffices.htm .
(d) Unauthorized practice of law. - The disciplinary procedures described in this
chapter apply to practitioners who assist in the unauthorized practice of law. See 8 C.F.R.
§ 1003.102(m). Anyone may file a complaint against a practitioner who is assisting in the
unauthorized practice of law. See 10.5 (Filing a Complaint).
The disciplinary procedures described in this chapter do not apply to nonpractitioners engaged in the unauthorized practice of law. Anyone harmed by an individual
practicing law without authorization should contact the appropriate law enforcement or
consumer protection agency. In addition, persons harmed by such conduct are
encouraged to contact the Executive Office for Immigration Review Fraud Program. See
Chapter 1.4(b) (EOIR Fraud Program), Appendix B (EOIR Directory).
In general, the unauthorized practice of law includes certain instances where nonattorneys perform legal services, give legal advice, or represent themselves to be
attorneys. Individuals engaged in the unauthorized practice of law include some
immigration specialists, visa consultants, and "notaries."

10.4

Conduct
The following conduct by practitioners may result in discipline:
o

frivolous behavior, under the following standard:
•

o

a practitioner engages in frivolous behavior when he or she knows or
reasonably should have known that his or her actions lack an
arguable basis in law or in fact, or are taken for an improper purpose,
such as to harass or to cause unnecessary delay

ineffective assistance of counsel, as previously determined in a finding by the
Board of Immigration Appeals or an Immigration Judge in an immigration
proceeding, if a disciplinary complaint is filed within one year of the finding

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o

repeated failure to appear for scheduled hearings in a timely manner without
good cause

o

conduct that would constitute contempt of court in a judicial proceeding

o

misconduct resulting in disbarment, suspension from practicing law, or
resignation with an admission of misconduct from a state licensing authority
or federal court

o

a conviction for a serious crime

o

a false statement of material fact or law, if made knowingly or with reckless
disregard

o

a false certification of a copy of a document, if made knowingly or with
reckless disregard

o

assisting in the unauthorized practice of law

o

grossly excessive fees

o

bribery, coercion, or attempted bribery or coercion, with the intent to affect
the outcome of an immigration case

o

improperly soliciting clients

o

misrepresenting qualifications or services offered

See 8 C.F.R. § 1003.102. These examples do not constitute the only grounds for which
disciplinary sanctions may be imposed.

10.5

Filing a Complaint

(a) Who may file. - Anyone may file a complaint against a practitioner, including
Immigration Judges, Board Members, the practitioner's clients, Department of Homeland
Security personnel, and other practitioners. 8 C.F.R. § 1003.104(a)(1).
(b) What to file. - Complaints must be submitted in writing. Persons filing
complaints are encouraged to use the Immigration Practitioner Complaint Form, (Form
EOIR-44). See Chapter 11.2 (Obtaining Blaink Forms), Appendix E (Forms). The Form
EOIR-44 provides important information about the complaint process, the confidentiality
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of complaints, and the types of misconduct that can result in discipline by the Executive
Office for Immigration Review. Complaints should be specific and as detailed as possible,
and supporting documentation should be provided if available.
(c) Where to file. - Complaints alleging practitioner misconduct before the
Immigration Courts or the Board of Immigration Appeals should be filed with the Executive
Office for Immigration Review, Office of the General Counsel (OGC). 8 C.F.R.
§ 1003.104(a)(1). The completed Form EOIR-44 and supporting documents should be
sent to:
Office of the General Counsel
Executive Office for Immigration Review
5107 Leesburg Pike, Suite 2600
Falls Church, VA 22041
Attn: Bar Counsel
See Appendix B (EOIR Directory). After receiving a complaint, OGC decides
whether to initiate disciplinary proceedings. 8 C.F.R. § 1003.104(b). See Chapter 10.7
(Disciplinary Proceedings).
(d) When to file. - Complaints should be filed as soon as possible. There are no
time limits for filing most complaints. However, complaints based on ineffective assistance
of counsel must be filed within one year of a finding of ineffective assistance of counsel by
an Immigration Judge or the Board of Immigration Appeals. 8 C.F.R. § 1003.102(k).

10.6

Duty to Report

A practitioner who practices before the Immigration Courts, the Board of Immigration
Appeals, or the Department of Homeland Security has an affirmative duty to report
whenever he or she:
o

has been found guilty of, or pled guilty or nolo contendere to, a serious crime
(as defined in 8 C.F.R. § 1003.102(h)); or

o

has been disbarred or suspended from practicing law, or has resigned with
an admission of misconduct

8 C.F.R. §§ 1003.103(c), 1292.3(c)(4). The practitioner must report the misconduct,
criminal conviction, or discipline to the Executive Office for Immigration Review, Office of
the General Counsel within 30 days of the issuance of the relevant initial order. This duty
applies even if an appeal of the conviction or discipline is pending.
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Disciplinary Proceedings

(a) In general. - Disciplinary proceedings take place in certain instances where a
complaint against a practitioner is filed with the Executive Office for Immigration Review,
Office of the General Counsel, or a practitioner self-reports. See Chapters 10.5 (Filing a
Complaint), 10.6 (Duty to Report). See generally 8 C.F.R. §§ 1003.101 - 1003.109.
(b) Preliminary investigation. - When a complaint against a practitioner is filed,
or a practitioner self-reports, the Executive Office for Immigration Review, Office of the
General Counsel (OGC) conducts a preliminary investigation. Upon concluding the
investigation, OGC may elect to:
o

take no further action;

o

issue a warning letter or informal admonition to the practitioner;

o

enter into an agreement in lieu of discipline; or

o

initiate disciplinary proceedings byfiling a Notice of Intent to Discipline
(NID) with the Board of Immigration Appeals and serving a copy on
the practitioner

(c) Notice of Intent to Discipline. - The NID contains the charge(s), the
preliminary inquiry report, proposed disciplinary sanctions, instructions forfiling an answer
and requesting a hearing, and the mailing address and telephone number of the Board of
Immigration Appeals.
(i) Petition for Immediate Suspension. - If a practitioner subject to a
Notice of Intent to Discipline (NID) has been convicted of a serious crime, or
disbarred or suspended from practicing law by a state licensing authority or federal
court, the Executive Office for Immigration Review, Office of the General Counsel
files a petition with the Board of Immigration Appeals to immediately suspend the
practitioner from practicing before the Immigration Courts and the Board until the
conclusion of the disciplinary proceedings.
The Board may set aside such a suspension upon good cause shown, if
doing so is in the interest of justice. The hardships that typically accompany
suspension from practice, such as loss of income and inability to complete pending
cases, are usually insufficient to set aside a suspension order.
(ii) DHS motion to join in disciplinary proceedings. - The Department
of Homeland Security (DHS) may file a motion to join in the disciplinary
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proceedings. If the motion is granted, any suspension or expulsion from practice
before the Immigration Courts and the Board of Immigration Appeals will also apply
to practice before DHS.
(d) Answer. -A practitioner subject to a Notice of Intent to Discipline (NID) has 30
days from the date of service to file a written answer with the Board of Immigration Appeals
and serve a copy on the Executive Office for Immigration Review, Office of the General
Counsel (OGC). See Chapter 3.2 (Service on the Opposing Party). The answer is
deemed filed when it is received by the Board.
(i) Contents. - In the answer, the practitioner must admit or deny each
allegation in the NID. Each allegation not expressly denied is deemed admitted.
In addition, the answer must state whether the practitioner requests a hearing. If
a hearing is not requested, the opportunity to request a hearing is deemed waived.
(ii) Motion for Extension of Time to Answer. - The deadline for filing an
answer may be extended for good cause shown, pursuant to a written motion filed
with the Board of Immigration Appeals no later than 3 working days before the
deadline. The motion should be filed with a cover page labeled "MOTION FOR
EXTENSION OF TIME TO ANSWER" and comply with the requirements for filing. For
information on the requirements for filing with the Board, parties should consult the
Board of Immigration Appeals Practice Manual, which is available at the Executive
Office for Immigration Review website at www.usdoLgov/eoir/biainfo.htm.
(iii) Default order. - If the practitioner does not file a timely answer, the
Board of Immigration Appeals issues a default order imposing the discipline
recommended by OGC, unless special considerations are present.
(iv) Motion to set aside default order. - A practitioner may file a written
motion with the Board of Immigration Appeals to set aside a default order. The
motion must be filed within 15 days of service of the default order. The motion
should be filed with a cover page labeled "MOTION TO SET ASIDE DEFAULT ORDER"
and comply with the requirements for filing. For information on the requirements for
filing with the Board, parties should consult the Board of Immigration Appeals
Practice Manual.

In the motion, the practitioner must show that the failure to file a timely
answer was caused by exceptional circumstances beyond the practitioner's control,
such as his or her serious illness or the death of an immediate relative, but not
including less compelling circumstances.

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(e) Adjudication. - If a practitioner files a timely answer, the matter may be
referred to an Immigration Judge or other appropriate official who will act as the
adjudicating official in the disciplinary proceedings. An Immigration Judge cannot
adjudicate a matter in which he or she filed the complaint or which involves a practitioner
who regularly appears in front of that Immigration Judge.
(i) Adjudication without hearing. - If the practitioner files a timely answer
without a request for a hearing, the matter is adjudicated without a hearing.
(ii) Adjudication with hearing. - If the practitioner files a timely answer
with a request for a hearing, a hearing is conducted as described subsections (A)
through (D), below.
(A) Timing and location. - The time and place of the hearing is
designated with due regard to the location of the practitioner's practice or
residence, the convenience of witnesses, and any other relevant factors.
The practitioner is afforded adequate time to prepare his or her case in
advance of the hearing.
(B) Representation. - The practitioner may be represented by
counsel at no expense to the government.
(C) Pre-hearing conferences. - Pre-hearing conferences may be
held to narrow issues, obtain stipulations between the parties, exchange
information voluntarily, or otherwise simplify and organize the proceeding.
(D) Conduct of hearing. - At the hearing, the practitioner has a
reasonable opportunity to present evidence and witnesses, to examine and
object to the government's evidence, and to cross-examine the government's
witnesses.
(iii) Decision. -In rendering a decision, the adjudicating official considers
the preliminary inquiry report, the Notice of Intent to Discipline, the practitioner's
answer and any supporting documents, and evidence and testimony presented at
the hearing, if a hearing was held.
(iv) Sanctions authorized. - A broad range of sanctions are authorized,
including expulsion from immigration practice, suspension from immigration
practice, and public or private censure.
(v) Appeal. - The decision of the adjudicating official may be appealed to
the Board of Immigration Appeals. A party wishing to appeal must file a Notice of
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Appeal from a Decision of an Adjudicating Official in a Practitioner Disciplinary Case
(Form EOIR-45). See Chapter 11.2 (Obtaining Blank Forms), Appendix E (Forms).
The Form EOIR-45 is specific to disciplinary proceedings. The Form EOIR-45 must
be received by the Board no later than 30 calendar days after the adjudicating
official renders an oral decision or mails a written decision.
Parties should note that, on appeal, the Board may increase the sanction
imposed by the adjudicating official. See Matter of Gadda, 23 I&N Dec. 645 (BIA
2003).

(g) Where to file documents. - As in most immigration proceedings, documents
in disciplinary proceedings should be filed with the adjudicator with jurisdiction over the
case, as described below.
(i) Timely response. - Prior to a timely response, documents should be
filed with the Board of Immigration Appeals.
(ii) Default order. -If a default order has been entered, documents should
be filed with the Board.

(iii)· Adjudication. - During adjudication by an adjudicating official,
documents should be filed with the adjudicating official.
(iv) Appeal. the Board.

10.8

If an appeal has been filed, documents should be filed with

Notice to Public

(a) Disclosure generally authorized. - In general, action taken on a Notice of
Intent to Discipline may be disclosed to the public .. See 8 C.F.R. § 1003.108(c).
(b) Lists of disciplined practitioners. - Lists of practitioners who have been
expelled, suspended, or publically censured are posted at the Immigration Courts, at the
Board of Immigration Appeals, and on the Executive Office for Immigration Review website
at www.usdoLgov/eoir. These lists are updated periodically.

10.9

Effect on Practitioner's Pending Immigration Cases

(a) Duty to advise clients. -A practitioner who is disciplined is obligated to advise
all clients whose cases are pending before the Immigration Courts, the Board of
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Immigration Appeals, or the Department of Homeland Security that he or she has been
disciplined.

(b) Pending cases deemed unrepresented. - Once a practitioner has been
expelled or suspended, the practitioner's pending cases are deemed unrepresented. The
Immigration Court rejects filings that are submitted by a practitioner after he or she has
been expelled or suspended. See Chapter 3.1(d) (Defective filings).
(c) Ineffective assistance of counsel. - The imposition of discipline on a
practitioner does not, by itself, constitute evidence of ineffective assistance of counsel in
the practitioner's former cases.
(d) Filing deadlines. - An order of practitioner discipline does not automatically
excuse parties from meeting any applicable filing deadlines.

10.10 Reinstatement
(a) Following suspension. - Following a suspension, reinstatement is not
automatic. To be reinstated following a suspension, a practitioner must:
o

file a motion with the Board of Immigration Appeals requesting to be
reinstated; and

o

show that he or she is an attorney or representative as defined in
8 C.F.R. §§ 1001.1 (f) and 1001.10), respectively

8 C.F.R. § 1003.107(a).

(b) During suspension for more than one year. - A practitioner suspended for
more than one year may file a petition for reinstatement with the Board of Immigration
Appeals after one year has passed or one-half of the suspension has elapsed, whichever
is greater. The practitioner must serve a copy of the petition on the Executive Office for
Immigration Review, Office of the General Counsel. In the petition, the practitioner must
show that:
o

he or she is an attorney or representative as defined in 8 C.F.R.

§§ 1001.1 (f) and 1001.1 (g), respectively;
o

he or she possesses the moral and professional qualifications
required for immigration practice; and

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o

his or her reinstatement will not be detrimental to the administration
of justice

8 C.F.R. § 1003.107(b).
The Board has the discretion to hold a hearing to determine if the practitioner meets
all of the requirements for reinstatement. If the Board denies a petition for reinstatement,
the practitioner is barred from filing a subsequent petition for reinstatement for one year
from the date of denial.

(e) If expelled. - A practitioner who has been expelled may file a petition for
reinstatement with the Board of Immigration Appeals after one year has passed, under the
provisions described in (b), above.
(d) Cases pending at reinstatement. - Suspension or expulsion terminates
representation. A practitioner reinstated to immigration practice who wishes to represent
clients before the Immigration Court, the Board of Immigration Appeals, or the Department
of Homeland Security must enter a new appearance in each case, even if he or she was
the attorney at the time that discipline was imposed. See Chapter 2.3(c) (Appearances).

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Forms

11 Forms
11.1

Forms Generally
There is an official form that must be used to:
o

appear as a representative

see Chapter 2.1(b) (Entering an
appearance)

o

report a change of address

see Chapter 2.2(c) (Address
obligations)

o

request most kinds of reliefs

see 8 C.F.R. parts 299, 1299

o

file an appeal

see Chapter 6 (Appeals of
Immigration Judge Decisions)

o

request a fee waiver on appeal

see Chapter 3.4 (Filing Fees)

There is an official form that should be used to:

o

file a practitioner complaint

see Chapter 10.5 (Filing a
Complaint)

There is no official form to:

11.2

o

file a motion

see Chapter 5.2(b) (Form)

o

file a FOIA request

see Chapter 12 (Freedom of
Information Act)

Obtaining Blank Forms

(a) Identifying EOIR forms. - Many forms used by the Executive Office for
Immigration Review (EOIR) do not appear in the regulations. All of the EOIR forms most
commonly used by the public are identified in this manual. See Appendix E (Forms). Form
names and numbers can be obtained from the Immigration Courts and the Clerk's Office
of the Board of Immigration Appeals. See Appendices A (Immigration Court Addresses),
B (EOIR Directory).
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(b) Obtaining EOIR forms. - Appendix E (Forms) contains a list of frequently
requested forms and information on where to obtain them. In general, EOIR forms are
available from the following sources:
o

the EOIR website at www.usdoLgov/eoir

o

the Immigration Courts

o

the Clerk's Office of the Board of Immigration Appeals

o

certain Government Printing Office Bookstores

Parties should be sure to use the most recent version of each form, which will be available
from the sources listed here.

(c) Obtaining DHS forms. www.uscis.gov.

In general, DHS forms are available at

(d) Photocopied forms. - Photocopies of blank EOIR forms may be used,
provided that they are an accurate duplication of the government-issued form and are
printed on the correct size and stock of paper. See 8 C.F.R. §§ 299.4(a), 1299.1. The
filing party is responsible for the accuracy and legibility of the form. The paper used to
photocopy the form should also comply with Chapter 3.3(c)(v) (Paper size and document
quality). The most recent version of the form must be used and is available from the
sources listed in subsection (b), above.
For the forms listed in subsection (f), below, the use of colored paper is strongly
encouraged, but not required.

(e) Computer-generated forms. - Computer-generated versions of EOIR forms
may be used, provided that they are an accurate duplication of the government-issued
form and are printed on the correct size and stock of paper. See 8 C.F.R. §§ 298.4(a),
1299.1. The filing party is responsible for the accuracy and legibility of the form. The
paper used to photocopy the form should also comply with Chapter 3.3(c)(v) (Paper size
and document quality). The most recent version of the form must be used and is available
from the sources listed in subsection (b), above. At this time, forms cannot be filed
electronically with the Immigration Court.
For the forms listed in subsection (f), below, the use of colored paper is strongly
encouraged, but not required.

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(f) Form colors. - Forms are no longer required to be filed on paper of a specific
color. However, the use of colored paperforthe forms listed below is strongly encouraged.
Any submission that is not a form must be on white paper.

11.3

blue

EOIR-26

tan
yellow

EOIR-26A
EOIR-27

green

EOIR-28

pink
pink

EOIR-29
EOIR-33/BIA

blue

EOIR-33/IC

(Notice of Appeal/Immigration
Judge Decision)
(Appeal Fee Waiver Request)
(Notice of Appearance before the
Board of Immigration Appeals)
(Notice of Appearance before the
Immigration Court)
(Notice of Appeal/ DHS decision)
(Change of Address / Board of
Immigration Appeals)
(Change of Address /
Immigration Court)

Submitting Completed Forms

Completed forms must comply with the signature requirements in Chapter 3.3(b)
(Signatures).

11.4

Additional Information

For further information on filing requirements, see Chapter 3 (Filing with the
Immigration Court). See also Chapters 5 (Motions before the Immigration Court), 6
(Appeals of Immigration Judge Decisions), 8 (Stays), 9 (Detention and Bond), 10
(Discipline of Practitioners), 12 (Freedom of Information Act).

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Chapter 12
Freedom of Information Act (FOIA)

12 Freedom of Information Act (FOIA)
12.1

Generally

The Freedom of Information Act (FOIA) provides the public with access to federal
agency records, with certain exceptions. See 5 U.S.C. § 552. The Executive Office for
Immigration Review, Office of the General Counsel, responds to FOIA requests for
Immigration Court records. See Appendix B (EOIR Directory).

12.2

Requests

For detailed guidance on how to file a FOIA request, individuals requesting
information under the Freedom of Information Act should consult the Executive Office for
Immigration Review (EOIR) website at www.usdoLgov/eoir or contact the EOIR FOIA unit.
See Appendix B (EOIR Directory). General guidelines are as follows.
(a) Who may file. (i) Parties. -

(A) Inspecting the record. - Parties to an Immigration Court
proceeding, and their legal representatives, may inspect the official record
of proceedings by prior arrangement with Immigration Court staff. A FOIA
request is not required. See Chapter 1.6(c) (Records).
(B) Obtaining copies of the record. - As a general rule, parties
may only obtain a copy of the record of proceedings by filing a FOIA request.
See subsection (b), below. However, in limited instances, Immigration Court
staff have the discretion to provide a party with a copy of the record or
portion of the record, without a FOIA request. See Chapter 1.6(c) (Records).
(ii) Non-parties. - Persons who are not a party to a proceeding before an
lrnrniqration Court must file a FOIA request with the EOIR Office of General Counsel
if they wish to see or obtain copies of the record of proceedings. See subsection
(b), below.

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(b) How to file. (i) Form. - FOIA requests must be made in writing. See 28 C.F.R. § 16.1
et seq. The Executive Office for Immigration Review (EOIR) does not have an
official form for filing FOIA requests. The Department of Homeland Security
Freedom of Information /Privacy Act Request (Form G-639) should not be used to
file such requests. For information on where to file a FOIA request, see Appendix
B (EOIR Directory).

(ii) Information required. - Requests should thoroughly describe the
records sought and include as much identifying information as possible regarding
names, dates, subject matter, and location of proceedings. For example, if a
request pertains to an alien in removal proceedings, the request should contain the
full name and alien registration number ("A number") of that alien. The more
precise and comprehensive the information provided in the FOIA request, the better
and more expeditiously the request can be processed.
(iii) Fee. - No fee is required to file a FOIA request, but fees may be
charged to locate, review, and reproduce records. See 28 C.F.R. § 16.3(c).

(iv) Processing times. - Processing times for FOIA requests vary
depending on the nature of the request and the location of the records.
(c) When to file. (i) Timing. -A FOIA request should be filed as soon as possible, especially
when a party is facing a filing deadline.
(ii) Effect on filing deadlines. - Parties should not delay the filing of an
application, motion, brief, appeal, or other document while awaiting a response to
a FOIA request. Non-receipt of materials requested pursuant to FOIA does not
excuse a party's failure to meet a filing deadline.

(d) Limitations. (i) Statutory exemptions. - Certain information in agency records, such as
classified material and information that would cause a clearly unwarranted invasion
of personal privacy, is exempted from release under FOIA. See 5 U.S.C.
§ 552(b)(1)-(9). Where appropriate, such information is redacted (Le., removed or
cut out), and a copy of the redacted record is provided to the requesting party. If
material is redacted, the reasons for the redaction are indicated.

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(ii) Agency's duty. - The FOIA statute does not require the Executive
Office for Immigration Review, its Office of the General Counsel, orthe Immigration
Courts to perform legal research, nor does it entitle the requesting person to copies
of documents that are available for sale or on the internet.
(iii) Subject's consent. - When a FOIA request seeks information that is
exempt from disclosure on the grounds of personal privacy, the subject of the record
must consent in writing to the release of the information.

12.3

Denials

If a FOIA request is denied, either in whole or in part, the requesting party may
appeal the decision to the Office of Information and Privacy, Department of Justice.
Information on how to appeal a denial of a FOIA request is available on the Office of
Information and Privacy website at www.usdoj.gov/oip. The rules regarding FOIA appeals
can be found at 28 C.F.R. § 16.9.

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Chapter 13
Other Information

13 Other Information
13.1

Reproduction of the Practice Manual

The Practice Manual is a public document and may be reproduced without advance
authorization from the Executive Office for Immigration Review.

13.2

Online Access to the Practice Manual

The most current version of the Practice Manual is available at the Executive Office
for Immigration Review website atwww.usdoLgov/eoir. Questions regarding online access
to the Practice Manual should be addressed to the Law Library and Immigration Research
Center. See Appendix B (EOIR Directory).

13.3

Updates to the Practice Manual

The Practice Manual is updated periodically. The date of the most recent update
is indicated at the bottom of each page. Parties should make sure to consult the most
recent version of the Practice Manual, which is posted online at the Executive Office for
Immigration Review website at www.usdoLgov/eoir.

13.4

Public Input

(a) Practice Manual. - The Executive Office for Immigration Reviewwelcomes and
encourages the public to provide comments on the Practice Manual. In particular, the
public is encouraged to identify errors or ambiguities in the text and to propose revisions
for future editions.
Correspondence regarding the Practice Manual should be addressed to:
United States Department of Justice
Executive Office for Immigration Review
Office of the Chief Immigration Judge
5107 Leesburg Pike, Suite 2500
Falls Church, VA 22041
Attn: Practice Manual Committee

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The public is asked not to combine comments regarding the Immigration Court
Practice Manual with other inquiries, including inquiries regarding specific matters pending
before the Immigration Courts.
(b) Regulations and Published Rules. - Periodically, the Executive Office for
Immigration Review issues new regulations. New regulations are published in the Federal
Register, which is available online at www.gpoaccess.gov, in most law libraries, and in
many public libraries. The public is encouraged to submit comments on proposed
regulations. Comments may be submitted at www.regulations.gov or as directed in the
Federal Register.

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Appendix A

APPENDIX A
Immigration Court Addresses

Arizona
Eloy

1705 E. Hanna Rd., Suite 366
Eloy, AZ 85231
(520) 466-3671

Phoenix

200 East Mitchell Drive, Suite 200
Phoenix, AZ 85012
(602) 640-2747

Florence

3260 N. Pinal Parkway Ave.
Florence, AZ 85232
(520) 868-3341

Tucson

160 N. Stone Ave., Suite 300
Tucson, AZ 85701-1502
(520) 670-5212

California
East Mesa

East Mesa CCA
446 Alta Rd.
San Diego, CA 92158
(619) 661-3327

Los Angeles

606 S. Olive St., 15th Floor
Los Angeles, CA 90014
(213) 894-2811

£1 Centro

1115 North Imperial Ave.
EI Centro, CA 92243
(760) 353-2328

San Diego

401 West "A" St., Suite 800
San Diego, CA 92101
(619) 557-6052

Imperial

2409 La Brucherie Rd.
Imperial, CA 92251
(760) 355-0070

San Francisco 120 Montgomery St., Suite 800
San Francisco, CA 94104
(415) 705-4415

Lancaster

Mira Loma Facility
45100 N. 60th St., West
Lancaster, CA 93536
(661) 942-8633

San Pedro

Temporarily closed
For inquiries and filings,
please contact the Los Angeles
Immigration Court.

Colorado
Denver

Byron G. Rogers Federal Bldg.
1961 Stout St., Room 1403
Denver, CO 80294
(303) 844-5815

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Appendix A

Connecticut
Hartford

AA Ribicoff Federal Bldg. & Courthouse
450 Main St., Room 509
Hartford, CT 06103-3015
(860) 240-3881

Florida
Miami

One Riverview Square
333 S. Miami Ave., Suite 700
Miami, FL 33130
(305) 789-4221

Miami Krome

Krome North Processing Center
18201 SW 12th St., Bldg. #1, Suite C
Miami, FL 33194
(305) 530-7196

Orlando

80 North Hughey Ave., Suite 203
Orlando, FL 32801
(407) 648-6565

Mailing Address:
P.O. Box 940998
Miami, FL 33194

Georgia
Atlanta

180 Spring Street SW, Suite 241
Atlanta, GA 30303
(404) 331-090

Hawaii
Honolulu

PJKK Federal Bldg.
300 Ala Moana Blvd., Room 8-112
Honolulu, HI 96850
(808) 541-1870

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Appendix A

Illinois
Chicago

Chicago
Detained

55 East Monroe St., Suite 1900
Chicago, IL 60603-5701
(312) 353-7313

536 Clark St., Room B1330/1320
Chicago, IL 60605
(312) 353-1387

Louisiana
New Orleans

Oakdale

One Canal Place
365 Canal St., Suite 2450
New Orleans, LA 70130
(504) 589-3992

1900 E. Whatley Rd.
Oakdale, LA 71463
(318) 335-0365
Mailing Address:
P.O. Box 750
Oakdale, LA 71463

Maryland
Baltimore

George Fallon Federal Bldg.
31 Hopkins Plaza, Room 440
Baltimore, MD 21201
(410) 962-3092

Massachusetts
Boston

JFK Federal Bldg.
15 New Sudbury St., Room 320
Boston, MA 02203
(617) 565-3080

Michigan
Detroit

updates:

P.V. McNamara Federal Bldg.
477 Michigan Ave., Suite 440
Detroit, MI 48226
(313) 226-2603

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Appendix A

Minnesota
Bloomington

7850 Metro Parkway, Suite 320
Bloomington, MN 55425
(612) 725-3765

Nevada
Las Vegas

3365 Pepper Lane, Suite 200
Las Vegas, NV 89120
(702) 458-0227

New Jersey
Elizabeth

625 Evans St., Room 148A
Elizabeth, NJ 07201
(973) 693-4113

Newark

970 Broad St., Room 1135
Newark, NJ 07102
(973) 645-3524

New York
Batavia

4250 Federal Drive, Room F108
Batavia, NY 14020
(585) 345-4300

New York

26 Federal Plaza
12th Floor, Room 1237
New York, NY 10278
(917) 454-1040

Buffalo

130 Delaware Ave., Suite 410
Buffalo, NY 14202
(716) 551-3442

Ulster

Ulster Correctional Facility
Berme Rd.
P.O. Box 800
Napanoch, NY 12458
(845) 647-5506

Fishkill

Downstate Correctional Facility
121 Red Schoolhouse Rd.
Fishkill, NY 12524
(845) 831-3657

Varick Street

201 Varick St., Room 1140
New York, NY 10014
(212) 620-6279

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Appendix A

Ohio
Cleveland

801 W. Superior Ave.
Suite 13 - 100
Cleveland, OH 44113
(216) 802-1100

Oregon
Portland

1220 S.W. Third Ave., Suite 218
Portland, OR 97204
(503) 326-6341

Pennsylvania
Philadelphia

York

1600 Callowhill St., Suite 400
Philadelphia, PA 19130
(215) 656-7000

3400 Concord Rd., Suite 2
York, PA 17402
(717) 755-7555
Mailing Address
P.O. Box 20370
York, PA 17402

Puerto Rico
San Juan

San Patricio Office Center
#7 Tabonuco St., Room 401
Guaynabo, PR 00968-4605
(787) 749-4386

Tennessee
Memphis

Clifford B. Davis Federal Bldg.
167 North Main, Room 460
Memphis, TN 38103
(901) 544-3818

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Texas
Dallas

1100 Commerce St., Suite 404
Dallas, TX 75242
(214) 767-1814

Houston

2320 LaBranch St., Room 2235
Houston, TX 77004
(713) 718-3870

EIPaso

700 E. San Antonio St., Suite 675
EI Paso, TX 79901
(915) 534-6020

Houston

Houston Service Processing Center
5520 Greens Rd.
Houston, TX 77032
(281) 987-2112

EIPaso

Service Processing Center
8915 Montana Ave.
EI Paso, TX 79925
(915) 225-0750

Los Fresnos

Port Isabel Processing Center
27991 Buena Vista Blvd., Bldg. 37
Los Fresnos, TX 78566
(956) 547-1789
Mailing Address:
201 East Jackson St.
Harlingen, TX 78550-0000

Harlingen

San Antonio

2009 West Jefferson Ave., Suite 300
Harlingen, Texas 78550
(956) 427-8580

800 Dolorosa St., Suite 300
San Antonio, TX 78207
(210) 472-6637

Utah
Salt Lake City 5500 W. Amelia Earhart Drive, Suite 160
Salt Lake City, UT 84116
(801) 524-3000

Virginia
Arlington

901 N. Stuart St., Suite 1300
Arlington, VA 22203
(703) 235-2307

updates: www. usdoj.gov/eoir

Headquarters 5107 Leesburg Pike, Suite 1850
Falls Church, VA 22041
(703) 305-0273

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Appendix A

Washington
Seattle

1000 Second Ave., Suite 2500
Seattle, WA 98104
(206) 553-5953

updates: www.usdoj.gov/eoir

Tacoma

1623 East J St.
Tacoma, WA 98421

(253) 779-6020

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Appendix B

APPENDIX B
EOIR Directory

ASQ
Automated Status Query System
(800) 898-7180
(703) 305-1662
24 hours, 7 days a week

EOIR Website
www.usdoLgov/eoir

Office of the Chief Immigration Judge
United States Department of Justice
Executive Office for Immigration Review
Office of the Chief Immigration JUdge
5107 Leesburg Pike, Suite 2500
Falls Church, VA 22041
(703) 305-1247
8:00 a.m. to 5:00 p.rn., Monday - Friday, except holidays

Practice Manual Comments
United States Department of Justice
Executive Office for Immigration Review
Office of the Chief Immigration Judge
5107 Leesburg Pike, Suite 2500
Falls Church, VA 22041
Attn: Practice Manual Committee

Concerns/Complaints about Immigration
Judge Conduct
www.usdoLgov/eoir

Board of Immigration Appeals
For addresses, see the Board of Immigration Appeals Practice Manual.

Clerk's Office
(703) 605-1007
8:00 a.m. to 4:30 p.m.
Monday - Friday, except holidays

Emergency Stay Information
(703) 605-1007
24 hours, 7 days a week

Oral Argument Coordinator
(703) 605-1007
8:00 a.m. to 4:30 p.m.
Monday - Friday, except holidays

Telephonic Instructions and Procedures
System (BIA TIPS)
(703) 605-1007
24 hours, 7 days a week

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Appendix B

Office of the General Counsel
United States Department of Justice
Executive Office for Immigration Review
Office of the General Counsel
5107 Leesburg Pike, Suite 2600
Falls Church, VA 22041
(703) 305-0470
8:00 a.m. to 5:00 p.m., Monday - Friday, except holidays

EOIR Bar Counsel
United States Department of Justice
Executive Office for Immigration Review
Office of the General Counsel
5107 Leesburg Pike, Suite 2600
Falls Church, VA 22041
Attn: Bar Counsel

EOIR Fraud Program
United States Department of Justice
Executive Office for Immigration Review
Office of the General Counsel
5107 Leesburg Pike, Suite 2600
Falls Church, VA 22041
Attn: Fraud Program

Freedom of Information Act Requests (FOIA)
United States Department of Justice
Executive Office for Immigration Review
Office of the General Counsel-FOIAlPrivacy Act Requests
5107 Leesburg Pike, Suite 2600
Falls Church, VA 22041
(703) 605-1297

Office of Legislative and Public Affairs
United States Department of Justice
Executive Office for Immigration Review
5107 Leesburg Pike, Suite 1902
Falls Church, VA 22041
(703) 305-0289
9:00 a.m. to 5:00 p.m., Monday - Friday, except holidays

Law Library and Immigration Research Center
5201 Leesburg Pike, Suite 1200
Falls Church, VA 22041
(703) 506-1103
9:00 a.m. to 4:00 p.rn., Monday - Friday, except holidays
Virtual Law Library: www.usdoLgov/eoir

updates: www.usdoj.gov/eoir

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Appendix C

APPENDIX C
Practice Manual Organizational Chart

I

DEPARTMENT OF JUSTICE (DOJ)

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
(EOIR)
I

OFFICE OF IMMIGRATION
LITIGATION (OIL)
I

I

Office of
the General
Counsel

Board of
Immigration
Appeals

Office of the Chief
Immigration Judge

I

Office of the
Chief Admin.
Hearing
Officer

I
I

I

Bar
Counsel

Fraud Unit

I
Chairman and
Vice Chairmen

Chief Immigration
Judge

Board Members

Deputy Chief
Immigration Judges

Clerk's Office

I

FOIA Unit

I
Library

I

I

Assistant Chief
Immigration Judges

Immigration
Courts

This chart is a general illustration ofthe organizational relationship between certain components
ofthe Department ofJustice. The chart does not display all components ofoffices displayed, nor
does it represent their relative authority. See Chapter 1 (The Immigration Court). These
components were selected because oftheir practical importance to persons appearing before the
Immigration Courts and the Board ofImmigration Appeals.

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Appendix D

APPENDIX D
Deadlines
This table is provided for general gUidance only. To determine the particular deadlines in a
given case, parties mustconsultthe pertinent regulations and the text of this manual. The Immigration
Judge has discretion to set deadlines for pre-decision filings.

Filing

Changes of
address or
telephone
number

Filings in
advance of
master
calendar
hearing

Deadline
(the construction of "day" is discussed in Practice
Manual Chapter 3.1 (c)(i))

Practice
Manual
Chapter

alien

5 days after the alien's change of address or
telephone number

2.2(c)

representative

promptly

2.3(h)

filings

15 days before the hearing, if requesting a ruling

3.1(b)(i)

(if alien is detained, deadline is determined by the
Immigration Coutt)

responses

10 days after the filing is received by the
Immigration Court
(if alien is detained, deadline is determined by the
Immigration Coult)

filings

Filings in
advance of
individual
calendar
hearing

30 days before the hearing

3.1(b)(ii)

(if alien is detained, deadline is determined by the
Immigration Court)

responses

15 days after the filing is received by the
Immigration Court
(if alien is detained, deadline is determined by the
Immigration Goult)

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Appendix 0

Filing

Asylum
applications *

Post-decision
motions

Practice
Manual
Chapter

Deadline
(the construction of Uday" is discussed in Practice
Manual Chapter 3.1 (c)(i))

defensive
applications

at a master calendar hearing

3.1(b)(iii)(A)

affirmative
applications

referred to Immigration Court by DHS

3.1(b)(iii)(B)

motions to
reopen

90 days after a final administrative order by the
Immigration Judge, with certain exceptions

5.7(c)

motions to
reconsider

30 days after a final administrative order by the
Immigration Judge

5.8(c)

motions to
reopen in
absentia
removal order

180 days after in absentia order, if based on
exceptional circumstances

5.9(d)(ii)(A)

at any time, if based on lack of proper notice

5.9(d)(ii)(B)

30 days after the decision was rendered orally or
mailed

6.2

Deadlines for appeals to BIA

* An alien filing an application for asylum should be mindful that the application must be filed within one year after the
date of the alien's arrival in the United States, unless certain exceptions apply. INA § 208(a)(2)(8), 8 C.F.R.
§ 1208.4(a)(2).

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Appendix E

APPENDIX E
Forms
This appendix contains a list of frequently requested immigration forms and the best sources
for obtaining copies of those forms.
On-line copies of forms. Many forms can be downloaded or printed from the website of the
agency responsible for that form. For example, forms beginning with "EOIR-," as well as certain forms
beginning with "1-" that are filed with the Immigration Court, can be found at www.usdoLgov/eoir under
the link "EOIR Forms." Other forms, including forms beginning with "1-," can be found at www.uscis.gov
under the link "Immigration Forms."
Paper copies of forms. If an immigration form is not available on-line, the best source for
obtaining one is the agency that is responsible for that form. The table below identifies those agencies.
(Local offices often provide forms on a walk-in basis.)
Other sources for forms include
voluntary agencies (VOLAGs), public service organizations, law offices, and certain Government
Printing Office Bookstores. See 8 C.F.R. §§ 299.2, 299.3.
Reproducing forms. Forms may be photocopied, computer-generated, ordownloaded, but must
comply with all requirements listed in Chapter 11.2 (Obtaining Blank Forms).

Abbreviations
AAO
BIA
CIS
EOIR
IC

=

Administrative Appeals Office, DHS
Board of Immigration Appeals

= Citizenship and Immigration Services, DHS
= Executive Office for Immigration Review
= Immigration Court

IJ

Immigration Judge

OGC

Office of the General Counsel, EOIR

-_.~~~---------------

updates:

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Appendix E

FORM

PURPOSE

NAME

GET
FROM

accredited
representative
application

Form EOIR-31

Request for Recognition as a Nonprofit
Religious, Charitable, Social Service,
or Similar Organization Established in
the United States

BIA

adjustment of status

Form 1-485

Application to Register Permanent
Residence or Adjust Status

CIS

appeal of attorney
discipline decision

Form EOIR-45

Notice of Appeal from a Decision of an
Adjudicating Official in a Practitioner
Disciplinary Case

IC
BIA
OGC

appeal of IJ decision

Form EOIR-26

Notice of Appeal from a Decision of an
Immigration Judge

IC
BIA

appeal of CIS decision
(AAO jurisdiction)

Form 1-290B

Notice of Appeal or Motion

CIS

appeal of CIS decision
(BIA jurisdiction)

Form EOIR-29

Notice of Appeal to the Board of
Immigration Appeals from a Decision
of a USCIS Officer

CIS

appearance as
representative
(before the BIA)

Form EOIR-27

Notice of Entry of Appearance as
Attorney or Representative before the
Board of Immigration Appeals

IC
BIA

appearance as
representative
(before an IC)

Form EOIR-28

Notice of Entry of Appearance as
Attorney or Representative before the
Immigration Court

IC

asylum, withholding of
removal (restriction on
removal), Convention
Against Torture

Form 1-589

Application for Asylum and for
Withholding of Removal

attorney / representative
complaint form

Form EOIR-44

Immigration Practitioner Complaint
Form

cancellation of removal
(non-permanent
residents)

Form EOIR-42B

Application for Cancellation of
Removal and Adjustment of Status for
Certain Nonpermanent Residents

IC

cancellation of removal
(permanent residents)

Form EOIR-42A

Application for Cancellation of
Removal for Certain Permanent
Residents

IC

change of address
(cases pending before
BIA)

Form EOIR-33
/ BIA

Alien's Change of Address Form /
Board of Immigration Appeals

updates: www.usdoj.gov/eoir

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IC
CIS

IC
BIA
OGe

IC
BIA

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Appendix E

PURPOSE

FORM

NAME

GET
FROM

change of address
(cases pending before
an IC)

Form EOIR-33/IC

Alien's Change of Address Form /
Immigration Court

fee waiver
(appeals or motions

Form EOIR-26A

Fee Waiver Request

IC
BIA

motion (any kind)

none

There is no official form for motions
filed with an IC or the BIA. Do not use
the Notice of Appeal (Form EOIR-26)
for motions.

n/a

NACARA suspension of
deportation/special rule
cancellation

Form 1-881

Application for Suspension of
Deportation or Special Rule
Cancellation of Removal

CIS

return to unrelinquished
domicile

Form 1-191

Application for Advance Permission to
Return to Unrelinquished Domicile

CIS

suspension of
deportation

Form EOIR-40

Application for Suspension of
Deportation

temporary protected
status

Form 1-821

Application for Temporary Protected
Status

CIS

visa petition
(employment-based)

Form 1-140

Immigrant Petition for Alien Worker

CIS

visa petition
(family-based)

Form 1-130

Petition for Alien Relative

CIS

waiver of inadmissibility

Form 1-601

Application for Waiver of Grounds of
Inadmissibility

CIS

updates: www. usdoj. gov/eoir

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Appendix F

APPENDIX F
Sample Cover Page
A. Tourney, Esquire
1234 Center Street
Anytown.S'T 99999

DETAINED

~~,~------------~.-~~--- -

--

.-.

_.,---_._.. _ - -

Filing party. ifpro se, the alien should provide his or her own name and
address in this location. If a representative, the representative should
provide his or her name and complete business address.
IL.-

.,

._._~._.,

..,. ...__._,

-----.J

__••- -"._"",.

~-----------_.

Detention status. If the alien is detained,
the word "DETAINED" should appear
prominently in the top right corner,
preferably highlighted.

UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
ANYTOWN, STATE

In the Matters of:
Jane Smith
John Smith
Jill Smith
In removal proceedings

---------------)

Immigration Judge Susan Jones

Court. The Immigration Court location (city or
town) and state should be provided.

)
)
)
)
)
)
)
)

File Nos.: A 12345 678
A 12345679
A 12345680
A numbers. The alien registratio;-::='~er-4-=;;:~~~---;;J---included in the submission should be listed.
~~._~--_.,.~

..

--"

~

Next Hearing: September 22,2008 at 1:00 p.m.

Name ofthe Immigration Judge and the date and time of,_the next
always be listed.

r

~~:;'i:~:'-"";~';~-~~or~~tion should

RESPONDENT'S PRE-HEARING BRIEF

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Appendix G

APPENDIX G

Sample Proof of Service
Instructions:
By law, all submissions to the Immigration Court must be filed with a "Proof of Service" (or "Certificate
of Service"). See Chapter 3.2 (Service on the Opposing Party). This Appendix provides guidelines on
how to satisfy this requirement.

What is required. To satisfy the law, you must do both of the following:
1. Serve the opposing party. Every time you file a submission with the Immigration Court, you
must give, or "serve," a copy on the opposing party. If you are an alien in proceedings, the
opposing party is the Department of Homeland Security.
2. Give the Immigration Court a completed Proof of Service. You must submit a signed
"Proof of Service" to the Immigration Court along with your document(s). The Proof of Service
tells the Immigration Court that you have given a copy of the document(s) to the opposing party.
Sample Proof of Service. You do not have to use the sample contained in this Appendix. You may
write up your own Proof of Service if you like. However, if you use this sample, you will satisfy the Proof
of Service requirement.
Sending the Proof of Service. When you have to supply a Proof of Service, be sure to staple or
otherwise attach it to the document(s) that you are serving.
Forms that contain a Proof of Service. Some forms, such as the Application for Cancellation of
Removal for Certain Permanent Residents (Form EOIR-42A), contain a Certificate of Service, which
functions as a Proof of Service for the form. You must complete the Certificate of Service to satisfy the
Proof of Service requirement for that form. Such a Certificate of Service only functions as a Proof of
Service for the form on which it appears, not for any supporting documents that you file with the form.
If you are filing supporting documents with a form that contains a Certificate of Service, you must file
a separate Proof of Service for those documents.
Forms that do not contain a Proof of Service. Forms that do not contain a Certificate of Service are
treated like any other document. Therefore, you must supply the Proof of Service for those forms.

updates: www.usdoj.gov/eoir

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Appendix G

Sample Proof of Service

(Name of alien or aliens)

("A number" of alien or aliens)

PROOF OF SERVICE
,I,

On

(date)

_

(printed name of person signing below)

~~daoo~~ili~

~

(name of document)
and any attached pages to

_
(name of party served)

at the following address:

_
(address of party served)

(address of party served)
by

_
(method of service, for example overnight courier, hand-delivery, first class mail)

(signature)

updates: www.usdoj.gov/eoir

(date)

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Appendix H

APPENDIX H
Sample Certificate of Translation
All submissions to the Immigration Court, if not in the English language, must be accompanied
by a translation and certificate of translation. See Chapter 3.3(a) (Language).

CERTIFICATE OF TRANSLATION
I,

, am competent to translate from
(name of translator)

_ _ _ _ _ _ _ _ _ _ _ _ _ _ into English, and certify that the translation of
(language)
(names of documents)

is true and accurate to the best of my abilities.

(signature of translator)

(typed/printed name of translator)

(address Of translator)

(address of translator)

(telephone number of translator)

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Appendix I

APPENDIX I
Telephonic Information

Do you want to know the
status of your case before an
Immigration Judge or the
Board of Immigration Appeals?

Need information on how to
file an appeal, motion, or
anything else with the
Board of Immigration Appeals?

All you have to do is

Let us give you some

ASQ

BIA TIPS

(800) 898-7180
(703) 305-1662

(703) 605-1007
Call the Board of Immigration
Appeals IelephonicInstructions and
procedures System for recorded
information on how to file an appeal,
motion, brief, change of address,
and other documents with the
Board.

The Automated Status Query
System contains information
regarding your case, including your
next hearing date, asylum
processing, the Immigration Judge's
decision, or your case appeal.

This service is available 24 hours

This service is available 24 hours
a day, 7 days a week.

updates: www. usdoj. gov/eoir

a day, 7 days a week.

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Appendix J

APPENDIX J
Citation Guidelines*

When filing papers with the Immigration Court, parties should keep in mind that accurate and
complete legal citations strengthen the argument made in the submission. This Appendix
provides guidelines for frequently cited sources of law.
The Immigration Court generally follows A Uniform System of Citation (also known as the "Blue
Book"), but diverges from that convention in certain instances. The Immigration Court
appreciates but does not require citations that follow the examples used in this Appendix. The
citation categories are:
I.
II.
III.
IV.
V.
VI.
VII.

Cases
Regulations
Statutesllaws
Legislative history
Treaties and international materials
Publications and communications by governmental agencies,
and
Commonly cited commercial publications

Note that, for the convenience of filing parties, some of the citation formats in this Appendix are
less formal than those used in the published cases of the Board of Immigration Appeals. Once
a source has been cited in full, the objective is brevity without compromising clarity.
This Appendix concerns the citation of legal authority. For guidance on citing to the record and
other sources, see Chapter 3.3(e) (Source materials) and Chapter 4.18(d) (Citation).
As a practice, the Immigration Court prefers italics in case names and publication titles, but
underlining is an acceptable alternative.
o

0 000

* This appendix is substantially based on Appendix J (Citation Guidelines) in the Board of Immigration Appeals Practice
Manual. The Office of the Chief Immigration Judge wishes to acknowledge the efforts of all those involved in the
preparation of that appendix.
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Appendix J

I. Decisions, Briefs, and Exhibits
General guidance:

Abbreviations in case names. As a general rule, well-known agency
abbreviations (e.g., DHS, INS, FBI, Dep't of Justice) may be used in a
case name, but without periods. If an agency name includes reference
to the "United States," it is acceptable to abbreviate it to "U.S." However,
when the "United States" is named as a party in the case, do not
abbreviate "United States." Forexample:
DHS v. Smith

not D.H.S. v. Smith

U.S. Dep'I of Justice v. Smith

not United States Department of
Justice v. Smith

United States v. Smith

not U.S. v. Smith

Shari form of case names. After a case has been cited in full, a
shortened form of the name may be used thereafter. For example:

u.s. 183

full:

INS v. Phinpathya, 464

short:

Phinpathya, 464 U.S. at 185

full:

Matter of Nolasco, 22 I&N Dec. 632 (BIA 1999)

short:

Nolasco, 22 I&N Dec. at 635

(1984)

Citations to a specific point. Citations to a specific point should include
the precise page number(s) on which the point appears. For example:
Matter ofArtigas, 23 I&N Dec. 99, 100 (BIA 2001)

Citations to a dissent or concurrence. If citing to a dissent or
concurrence, this should be indicated in a parenthetical notation. For
example:
Matter of Artigas, 23 I&N Dec. 99, 109-110 (BIA 2001) (dissent)

Board decisions:

Published decisions. Precedent decisions by the Board of Immigration
Appeals ("Board") are binding on the Immigration Court, unless modified
or overruled by the Attorney General or a federal court. All precedent
Board decisions are available on the Executive Office for Immigration
Review website at www.usdoj.gov/eoir. Precedent decisions should be
cited in the "I&N Dec." form illustrated below. The citation must identify
the adjudicator (BIA, A.G., etc.) and the year of the decision. Note that

updates: www.usdoj.govleoir

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Appendix J
there are no spaces in "I&N" and that only "Dec," has a period.
example:

For

Matter of Balsillie, 20 I&N Dec. 486 (BIA 1992)
Unpublished decisions. Citation to unpublished decisions is discouraged
because these decisions are not binding on the Immigration Court in
other cases. When reference to an unpublished case is necessary, a
copy of the decision should be provided, and the citation should include
the alien's full name, the alien registration number, the adjudicator, and
the precise date of the decision. Italics, underlining, and "Matter of"
should not be used. For example:
Jane Smith, A12 345678 (BIA July I, 1999)

"interim Decision." In the past, the Board issued precedent decisions in
slip opinion or "Interim Decision" form. Because all published cases are
now available in final form (as "I&N Decisions"), citations to "Interim
Decisions" are no longer appropriate and are disfavored.
"Metter of," not "in re." All precedent decisions should be cited as
!tMatter at." The use of "ln re" is disfavored. For example: Matter of
Yanez, not In re Yanez.

For a detailed description of the Board's publication process, see Board
Practice Manual, which is available on the Executive Office for
Immigration Review website at www.usdoj.gov/eoir/biainfo.htm.

IJ decisions:

If referring to an earlier decision in the case by the Immigration Judge,
the decision should be cited. This applies whether the decision was
issued orally or in writing. Citations to decisions of Immigration Judges
should state the nature of the proceedings, the page number, and the
date. For example:
IJ Bond Proceedings Decision at 5 (Dec. 12,2008)

AG decisions:

Precedent decisions by the Attorney General are binding on the
Immigration Court, and should be cited in accordance with the rules for
precedent decisions by the Board of Immigration Appeals. All precedent
decisions by the Attorney General are available on the Executive Office
for Immigration Review website at www.usdoj.gov/eoir.

Matter of Y-L-, 23 I&N Dec. 270 (AG 2002)

updates: www.usdoj.gov/eoir

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Appendix J

DHS decisions:

Precedent decisions by the Department of Homeland Security and the
former Immigration and Naturalization Service should be cited in
accordance with the rules for precedent decisions by the Board of
Immigration Appeals.

Federal & state
courts:

Generally. Federal and state court decisions should generally be
cited according to the standard legal convention, as set out in the
latest edition of A Uniform System of Citation (also known as the "Blue
Book"). For example:
INS v. Phinpathya, 464 U.S. 183 (1984)
Saakian v. INS, 252 F.3d 21 (1st Cir. 2001)
McDaniel v. United States, 142 P. Supp. 2d 219 (D. Conn. 2001)

U.S. Supreme Court. The Supreme Court Reporter citation ("S.Ct.")
should be used only when the case has not yet been published in the
United States Reports ("U.S.").
Unpublished cases. Citation to unpublished state and federal court
cases is discouraged. When citation to an unpublished decision is
necessary, a copy of the decision should be provided, and the citation
should include the docket number, court, and precise date. Parties are
also encouraged to provide the LexisNexis or Westlaw number. For
example:
Bratco v. Mukasey, No. 04-726367, 2007 WL 4201263 (9th Cir. Nov. 29,
2007) (unpublished)

Precedent cases not yet published. When citing to recent precedent
cases that have not yet been published in the Federal Reporter or other
print format, parties should provide the docket number, court, and year.
Parties are also encouraged to provide the LexisNexis or Westlaw
number. For example:
Grullon v. Mukasey, _-eP.3d __, No. 05-4622,2007 U.S. App. LEXIS 27325
(2d Cir. 2007)

Briefs and Exhibits:

Text from briefs. If referring to text from a brief, the brief should be cited.
The citation should state the filing party's identity, the nature of
proceedings, the page number, and the date. For example:
Respondent's Bond Appeal Brief at 5 (Dec. 12,2008)

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Appendix J
Exhibits. Exhibits designated during a hearing should be cited as they
were designated by the Immigration Judge. For example:

Exh.3
Exhibits accompanying a brief should be cited by alphabetic tab or page
number. For example:
Respondent's Pre-Hearing Brief, Tab A
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II. Regulations
General guidance:

Regulations generally. There are two kinds of postings in the Federal
Register: those that are simply informative in nature (such as "notices"
of public meetings) and those that are regulatory in nature (referred to
as "rules"). There are different types of "rules," including "proposed,"
"interim," and "final." The type of rule will determine whether or not (and
for how long) the regulatory language contained in that rule will be in
effect. Generally speaking, proposed rules are not law and do not have
any effect on any case, while interim and final rules do have the force of
law and, depending on timing, may affect a given case.
Federal Register and Code ofFederal Regulations. Regulations appear
first in the Federal Register (Fed. Reg.) and then in the Code of Federal
Regulations (C.F.R.). Once regulations appear in a volume of the
C.F.R., do not cite to the Federal Register unless there is a specific
reason to do so (discussed below).

For the Code of Federal Regulations, always identify the volume, the
section number, and the year. The year need not be given after the first
citation, unless a subsequent citation refers to a regulation published in
a different year. Always use periods in the abbreviation "e.F.R." For
example:

C.F.R.:

Fed. Reg.:

updates:

full:

8 C.F.R. § 1003.1 (2002)

short:

8 C.F.R. § 1003.1

Citations to regulatory material in the Federal Register should be used
only when:

www. usdoj.gov/eoir

o

the citation is to information that will never appear in the
C.F.R., such as a public notice or announcement

o

the rule contains regulatory language that will be, but is not
yet, in the C.F.R.

o

the citation is to information associated with the rule, but
which will not appear in the C.F.R. (e.g., a preamble or
introduction to a rule)

o

the rule contains proposed or past language of a regulation
that is pertinent in some way to the filing or argument

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The first citation to the Federal Register should always include (i) the
volume, (ii) the abbreviated form "Fed. Reg.", (iii) the page number, (iv)
the date, and (v) important identifying information such as "proposed
rule," "interim rule," "supplementary information," or the citation where
the rule will appear. For example:
full:
full:

67 Fed. Reg. 52627 (Aug. 13, 2002) (proposed rule)
67 Fed. Reg. 38341 (June 4, 2002) (to be codified at 8 C.F.R.
§§ 100, 103, 236, 245a, 274a, and 299)

short:

67 Fed. Reg. at 52627-28; 67 Fed. Reg. at 38343

Since the Federal Register does not use commas in its page numbers,
do not use a comma in page numbers. Use abbreviations for the month.
When citing the preamble to a rule, identify it exactly as it is titled in the
Federal Register, e.g., 67 Fed. Reg. 54878 (Aug. 26, 2002)
(supplementary information).
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Appendix J

III. Statutes / Laws
General guidance:

Full citations. Whenever citing a statute for the first time, be certain to
include all the pertinent information, including the name of the statute,
its public law number, statutory cite, and a parenthetical identifying
where the statute was codified (if applicable). The only exception is the
Immigration and Nationality Act, which is illustrated below.
Short citations. The use of short citations is encouraged, but only after
the full citation has been used.
Special rule for U.S.C. and C.F.R. There are two abbreviations that
never need to be spelled out: "U.S.C." forthe U.S. Code and the "C.F.R."
for the Code of Federal Regulations. Always use periods with these
abbreviations.
Special rule for the INA. Given the regularity with which the Immigration
and Nationality Act is cited before the Immigration Court, there is
generally no need to provide the Public Law Number, the Stat. citation,
or U.S.C. citation. The Immigration Court will presume INA citations
refer to the current language of the Act unless the year is provided.
State statutes. State statutes should be cited as provided in A Uniform
System of Citation (also known as the "Blue Book").
Sections of law. Full citations are often lengthy, and filing parties are
sometimes uncertain where to put the section number in the citation. For
the sake of simplicity, use the word "section" and give the section
number in front of the full citation to the statute. Once a full citation has
been given, use the short citation form with a section symbol "§." This
practice applies whether the citation is used in a sentence or after it. For
example:
The definition of the term" alien" in section 101(a)(3) of the Immigration
and Nationality Act applies to persons who are not citizens or nationals
of the United States. The term "national of the United States" is
expressly defined in INA § 101(a)(22), but the term" citizen" is more
complex. See INA §§ 301-309/ 316, 320.

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usc:

INA:

USA PATRIOT:

LIFE:

CCA:

NACARA:

Appendix J
For cites to the United States Code, always identify the volume, the
section number, and the year. The year need not be given after the first
citation, unless a subsequent citation refers to a section published in a
different year. Always use periods in the abbreviation "U.S.C." For
example:
full:

18 U.S.C. § 16 (2006)

short:

18 U.s.C. § 16

full:

section xxx of Immigration and Nationality Act

short:

INA § xxx

full:

section xxx of Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism Act of 2001, Pub. L. No. 107-56, 115 Stat.
272

short:

USA PATRIOT Act § xxx

full:

section xxx of Legal Immigration and Family Equity Act, Pub.
L. No. 106-553, 114 Stat. 2762 (2000), amended by Pub. L. No.
106-554, 114 Stat. 2763 (2000)

short:

LIFE Act § xxx

full:

section xxx of Child Citizenship Act of 2000, Pub. L. No. 106395, 114 Stat. 1631

short:

CCA § xxx

full:

section xxx of Nicaraguan Adjustment and Central American
Relief Act, Pub. L. No. 105-100, tit. II, 111 Stat. 2193 (1997),
amended by Pub. L. No. 105-139, 111 Stat. 2644 (1997)

short:

NACARA § xxx

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IIRIRA:

AEDPA:

INTCA:

MTINA:

IMMACT90:

ADAA:

IMFA:

Appendix J

full:

section xxx of Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, Division C of Pub. 1. No. 104-208,
110 Stat. 3009-546

short:

IIRIRA § xxx

full:

section xxx of Antiterrorism and Effective Death Penalty Act,
Pub. 1. No. 104-132, 110 Stat. 1214

short:

AEDPA § xxx

full:

section xxx of Immigration and Nationality Technical
Corrections Act of 1994, Pub. 1. No. 103-416, 108 Stat. 4305,
amended by Pub. 1. No. 105-38, 111 Stat. 1115 (1997)

short:

INTCA § xxx

full:

section xxx of Miscellaneous and Technical Immigration and
Naturalization Amendments of 1991, Pub. 1. No. 102-232,
105 Stat. 1733

short:

MTINA § xxx

full:

section xxx of Immigration Act of 1990, Pub. 1. No. 101-649,
104 Stat. 4978

short:

IMMACT90 § xxx

full:

section xxx of Anti-Drug Abuse Act of 1988, Pub. 1. No. 100690, 102 Stat. 4181

short:

ADAA § xxx

full:

section xxx of Immigration Marriage Fraud Amendments of
1986, Pub. 1. No. 99-639, 100 Stat. 3537

short:

IMFA § xxx

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IRCA:

IRFA:

Appendix J

full:

section xxx of Immigration Reform and Control Act of 1986,
Pub. 1. No. 99-603, 100 Stat. 3359

short:

IRCA.§ xxx

full:

section xxx of International Religious Freedom Act of 1988,
Pub. 1. No. 105-292, 112 Stat. 2787.

short:

IRFA § xxx
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Appendix J

IV. Legislative History
General guidance:

Difficult to locate. Because sources of legislative history are often
difficult to locate, err on the side of providing more information, rather
than less. If a source is difficult to locate, include a copy of the source
with your filing (or an Internet address for it) and make clear reference
to that source in your filing.
Sources. To locate legislative history, try the Library of Congress
website (www.thomas.loc.gov) or commercial services. Citation to
common electronic sources is encouraged.

Bills:

Reports:

Provide the following information the first time a bill is cited: (i) the bill
number, (ii) the number of the Congress, (iii) the session of that
Congress, (iv) the section number of the bill, if you are referring to a
specific section, (v) the Congressional Record volume, (vi) the
Congressional Record page or pages, (vii) the date of that
Congressional Record, and (viii) the edition of the Congressional
Record, if known. For example:
full:

S. 2104, 100th Cong., 2d Sess. § 102, 134 Congo Rec. 2216 (daily
ed. ~ar. 15, 1988)

short:

134 Congo Rec. at 2218

Provide the following information the first time a report is cited:
(i) whether it is a Senate or House report, (ii) the report number, (iii) the
year, and (iv) where it is reprinted (a reference to where the document
is available electronically is acceptable). The short form may refer either
to the page numbers of the report or the page numbers where the report
is reprinted. For example:
full:

H.R. Conf. Rep. No. 104-828 (1996), available in 1996 WL 563320

short:

H.R. Conf. Rep. No. 104-828, at 5

full:

S. Rep. No. 98-225 (1983), reprinted in 1984 U.S.C.C.A.N. 3182

short:

1984 U.s.C.C.A.N. at 3183

Many committee reports are available on-line through the Library of
Congress web site (www.thomas.loc.gov) or commercial services.
Copies of the U.S. Code Congressional & Administrative News

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(U.S.C.C.A.N.), which compiles many legislative documents, are
available in some public libraries.

Hearings:

Provide the following information the first time a hearing is cited: (i)
name of the hearing, (ii) the committee or subcommittee that held it, (iii)
the number of the Congress, (iv) the session of that Congress, (v) the
page or pages of the hearing, (vi) the date or year of the hearing, and
(Vii) information about what is being cited (such as the identity of the
person testifying and context for the testimony). For example:
Operations of the Executive Office for Immigration Review (EOIR):
Hearing before the Subcomm. on Immigration and Claims of the House
Comm. on the Judiciary, 107th Cong., 2d Sess. 19 (2002) (testimony of
EOIR Director)
o

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Appendix J

v.

Treaties and International Materials

CAT:

UNHCR Handbook:

U.N. Protocol
on Refugees:

full:

Article 3 of the United Nations Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or
Punishment, Dec. 10, 1984, S. Treaty Doc. No. 100-20 (1988)

short:

Convention Against Torture, art. 3

full:

Office of the United Nations High Commissioner for Refugees,
Handbook on Procedures and Criteriafor Determining RefugeeStatus
Under the 1951 Convention and the 1967 Protocol Relating to the
Status of Refugees (Geneva 1992)

short:

UNHCR Handbook ,-r xxx
[use paragraph symbol "11" or abbreviation "para."]

full:

Article xxx of the United Nations Protocol Relating to the
Status of Refugees, Jan. 31, 1967, [1968] 19 U.s.T. 6223

short:

U.N. Refugee Protocol, art. xxx
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Appendix J

VI. Publications and Communications by Governmental
Agencies
General guidance:

No universal citation form. In immigration proceedings, parties cite to a
wide variety of administrative agency publications and communications,
and there is no one format that fits all such documents. For that reason,
use common sense when citing agency documents, and err on the side
of more information, rather than less.
Difficult to locate material. If the document may be difficult for the
Immigration Court to locate, include a copy of the document with your
filing.
Internet material. If a document is posted on the Internet, identify the
website where the document can be found or include a copy of the
document with a legible Internet address.

Practice Manual:

Forms:

The Immigration Court Practice Manual is not legal authority. However,
if there is reason to cite it, the preferred form is to identify the specific
provision by chapter and section along with the date at the bottom of the
page on which the cited section appears. For example:
full:

Immigration Court Practice Manual, Chapter 8.5(a)(iii)
(January xx, xxxx)

short:

Practice Manual, Chap. 8.5(a)(iii)

Forms should first be cited according to their full name and number. A
short citation form may be used thereafter. See Appendix E (Forms) for
a list of common immigration forms. For example:
full:

Notice of Appeal from a Decision of an Immigration Judge
(Form EOIR-26)

short:

Notice of Appeal or Form EOIR-26

If a form does not have a name, use the form number as the citation.

Country reports:

State Department country reports appear both as compilations in
Congressional committee prints and as separate reports and profiles.
Citations to country reports should always contain the publication date
and the specific page numbers (if available). Provide an Internet
address when available. The first citation to any country report should

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contain all identifying information, and a short citation form may be used
thereafter. For example:
full:

Bureau of Democracy, Human Rights and Labor, u.s. Dep't
of State, Nigeria Country Reports on Human Rights Practices 2001 (Mar. 2002), available at http://www.state.gov I gl
drl / rlsy hrrpt/ 20011 afl 8397.htm

short:

2001 Nigeria Country Reports

full:

Committees on Foreign Relations and International
Relations, 104th Cong., 1st Sess., Country Reports on Human
Rights Practices for 1994 xxx (Joint Comm Print 1995)

short:

1994 Country Reports at page xxx

full:

Bureau of Democracy, Human Rights and Labor, u.s. Dep't
of State, The Philippines- Profile ofAsylum Claims and Country
Conditions xxx une 1995)

a

short:

Visa Bulletin:

Internal
documents:

1995 Philippines Profile at page xxx

Citations to the State Department's Visa Bulletin should include the
volume, number, month, and year of the specific issue being cited. For
example:
full:

U.S. Dep't of State Visa Bulletin, Vol. VIII, No. 55 (March 2003)

short:

Visa Bulletin (March 2003)

A citation to an internal government document, such as a memo or
cable, should contain as much identifying information as possible. Be
sure to include any identifying heading (e.g., the "re" line in a memo) and
the precise date of the document being cited. Include a copy of the
document with the filing or indicate where it has been reprinted publicly.
For example:
Dept of State cable (no. 97-State-174342) (Sept. 17, 1997) (copy
attached)
Office of the General Counsel, INS, U.S. Dep't of Justice, Compliance
with Article 3 of the Convention Against Torture in cases of removable
aliens (May 14, 1997), reprinted in 75 Interpreter Releases 375 (Mar. 16,
1998)

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Religious Freedom
Reports:

Appendix J

The lnternational Religious Freedom Act of 1998 (IRFA) mandates
that the Department of State issue an Annual Report on International
Religious Freedom (State Department Report). IRFA further authorizes
Immigration Judges to use the State Department Report as a resource
in asylum adjudications. The State Department Report should be cited
as follows:
full:

Bureau of Democracy, Human Rights, and Labor, U.S. Dep'tof
State, Annual Report on International Religious Freedom (Sept.
2007)

short:

2007 Religious Freedom Report at page XXX

IRFA also mandates the issuance of an Annual Report by the United
States Commission on International Religious Freedom (USCIRF
Report). The USCIRF is a government body that is independent of the
executive branch.
Citations to the USCIRF Report should be
distinguishable from citations to the Department of State report:
full:

United States Commission on International Religious Freedom,
Annual Report of the United States Commission on International
Religious Freedom (May 2007)

short:

2007 USCIRF Annual Report at page XXX
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Appendix J

VII. Commonly Cited Commercial Publications
General guidance:

No universal citation form. In immigration proceedings, parties cite to a
wide variety of commercial texts and publications. Use common sense
when citing these documents. If a document is difficult to locate, include
a copy of the document with your filing (or an Internet address for it) and
make clear reference to that document in your filing.
No endorsements or disparagements. The following list contains
citations to specific publications that are frequently cited in filings before
the Immigration Court. Their inclusion in the list is not an endorsement
of the publication, nor is omission from this list a disparagement of any
other publication.
Use of quotation marks, italics or underlining, and first initials. For all
filings, parties should use a single format for all publications - quotation
marks around any article title (whether in a book, law review, or
periodical), italics or underlining forthe name of any publication (whether
a book, treatise, or periodical), and reference to authors' last names only
(although use of first initials is appropriate where there are multiple
authors with the same last name).
Shortened names. Many publications have long titles. It is acceptable
to use a shortened form of the title after the full title has been used. Be
certain to use a short form that clearly refers back to the full citation.
Page and/or section numbers should always be used, whether the
publication is cited in full or in shortened form.

Articles in Books:

Articles in books should identify the author (by last name only), title of
the article, and the publication that contains that article (including the
editor and year). For example:

updates: www.usdoj.gov/eoir

full:

Massimino, "Relief from Deportation Under Article 3 of the
United Nations Convention Against Torture," in 2 1997-98
Immigration & Nationality Law Handbook 467 (American
Immigration Lawyers Association, ed., 1997)

short:

Massimino at 469

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Bender's:

Immigration
Briefings:

Immigration Law
and Procedure:

Interpreter
Releases:

Appendix J
Bender's Immigration Bulletin should be cited by author (last name only),
article, volume, publication, month, and year. For example:
full:

Sullivan, "When Representations Cross the Line," 1 Bender's
Immigration Bulletin (Oct. 1996)

short:

Sullivan at 3

This publication should be cited by author (last name only), article,
volume, publication, month, and year. For example:

full:

Elliot, "Relief From Deportation: Part I," 88-8 Immigration
Briefings (Aug. 1988)

short:

Elliot at 18

Citations to treatises require particular attention because their
pagination is often complex. The first citation to this treatise must be in
full and contain the volume number, the section number, the page
number, the edition, and year. For example:

full:

2 Gordon, Mailman & Yale-Loehr, Immigration Law and
Procedure § 51.01(I)(a), at 51-3 (rev. ed. 1997)

short:

2 Immigration Law and Procedure § 51.01(I)(a), at 51-3

Citations should state the volume, title, page number(s), and
precise date. Provide a parenthetical explanation for the citation when
appropriate. For example:

updates: www.usdoj.gov/eoir

full:

75 Interpreter Releases 275-76 (Feb. 23, 1998) (regarding INS
guidelines on when to consent to reopening of proceedings)

short:

75 Interpreter Releases at 276

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If an article has a title and named author, provide that information. For
example:

Law Reviews:

Sutherland:

full:

Wettstein, "Lawful Domicile for Purposes of INA § 212(c):
Can It Begin with Temporary Residence," in 71 Interpreter
Releases 1273 (Sept. 26, 1994)

short:

Wettstein at 1274

Law review articles should identify the author (by last name) and the title
of the article, followed by the volume, name, page number(s), and year
of the publication. For example:
full:

Hurwitz, "Motions Practice Before the Board of Immigration
Appeals," 20 San Diego L. Rev. 79 (1982)

short:

Hurwitz, 20 San Diego L. Rev. at 80

Citations to this treatise should include the volume number, author,
name of the publication, section number, page number(s), and edition.
For example:
full:

2A Singer, Sutherland Statutory Construction § 47.11, at 144
(4th ed. 1984)

short:

2A Sutherland § 47.11, at 144
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Appendix K

APPENDIX K
Where to File
This Appendix provides guidance on where to file documents in removal proceedings. Parties
should still review the pertinent regulations and must be careful to observe the rules regarding filings,
especially the time and number limits on motions. See Chapters 3 (Filing with the Immigration Court),
5.2 (Filing a Motion), 5.3 (Motion Limits). In cases in which the Immigration Court has jurisdiction,
documents must be filed with the Immigration Court having administrative control over the Record of
Proceedings. See Chapter 3.1 (Delivery and Receipt). For information on how to file documents with
the Board of Immigration Appeals, parties should consult the Board of Immigration Appeals Practice
Manual.

Step (j)
Is there an appeal currently
pending before the Board?

~

yes

File with the Board.

no

Step @
Has an appeal ever been filed
with the Board?

~

yes

~

File with the Immigration Court
(unless it is a motion challenging the
finding that the Board lacked
jurisdiction, in which case the motion
should be filed with the Board).

no

Step @
Has the Board remanded the case to
the Immigration Judge?

~

File with the Immigration Court.

yes

Step @
Was the appeal dismissed
for lack ofjurisdiction?
(For example, was the appeal
dismissed as untimely")

~

no

yes

~

no

File with the Immigration Court
(unless it is a motion challenging the
decision to remand, in which case the
motion should be filed with the
Board).

File with the Board, but be careful
ofthe time and number limits on
certain kinds ofmotions.

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Appendix L

APPENDIX L
Sample Written Pleading
Prior to entering a pleading, parties are expected to have reviewed the pertinent regulations,
as well as Chapter 4 of the Immigration Court Practice Manual (Hearings before Immigration Judges).

[name and address of attorney or representative]
United States Department of Justice
Executive Office for Immigration Review
Immigration Court
[the court's location (city or town) and state]

In the Matter of:
[the respondent's name]
In removal proceedings

)
)
)
)
)
)

File No.: [the respondent's A number]

-------------)
RESPONDENT'S WRITTEN PLEADING
On behalf of my client, I make the following representations:

1.

The respondent concedes proper service of the Notice to Appear, dated

2.

I have explained to the respondent (through an interpreter, ifnecessary):
a.
b.
c.
d.
e.

_

the rights set forth in 8 C.F.R. § 1240.10(a);
the consequences of failing to appear in court as set forth in INA § 240(b)(5);
the limitation on discretionary relief for failure to appear set forth in INA § 240(b)(7);
the consequences of knowingly filing or making a frivolous application as set forth in
INA § 208(d)(6);
the requirement to notify the court within five days of any change of address or telephone
number, using Form EOIR~33/IC pursuant to 8 C.F.R. § 1003. 15(d).

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3.

4.

5.

Appendix L

The respondent concedes the following allegation(s) ~
the following allegation(s)

~"

and denies

_

The respondent concedes the following charge(s) of removability
and denies the following charge(s) of removability ~

_
_

In the event of removal, the respondent;

o

names

~

as the country to which removal should be

directed;
OR

o
6.

The respondent will be applying for the following forms of relief from removal:

o

o
o

o
o
o

o
o
o
7.

declines to designate a country of removal.

Termination of Proceedings
Asylum
Withholding of Removal (Restriction on Removal)
Adjustment of Status
Cancellation of Removal pursuant to INA §
Waiver of Inadmissibility pursuant to INA §
Voluntary Departure
Other (specify)

_
_

_

None

If the relief from removal requires an application, the respondent will file the application (other than
asylum), no later than thirty (30) days before the date of the individual calendar hearing, unless
otherwise directed by the court. The respondent acknowledges that, if the application(s) are not
timely filed, the application(s) will be deemed waived and abandoned under 8 C.F.R. § 1003.31(c).
If the respondent is filing a defensive asylum application, the asylum application will be filed in
open court at the next master calendar hearing.

8.

updates:

If background and security investigations are required, the respondent has received the DRS
biometrics instructions and will timely comply with the instructions. I have explained the
instructions to the respondent (through an interpreter, ifnecessary). In addition, I have explained to
the respondent (through an interpreter, if necessary), that, under 8 C.F.R. § 1003.47(d), failure to
provide biometrics or other biographical information within the time allowed will constitute
abandonment of the application unless the respondent demonstrates that such failure was the result
of good cause.

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Appendix L

9.

The respondent estimates that _ _ hours will be required for the respondent to present the case.

10.

0

It is requested that the Immigration Court order an interpreter proficient in the
_ _ _ _ _ _ _ language,
dialect;

OR

o

The respondent speaks English and does not require the services of an interpreter.

Date

Attorney or Representative for the Respondent

RESPONDENT'S PLEADING DECLARATION
I,
, have been advised of my rights in these proceedings by my attorney or
representative. I understand those rights. I waive a further explanation of those rights by this court.
I have been advised by my attorney or representative of the consequences of failing to appear for a hearing.
have also been advised by my attorney of the consequences of failing to appear for a scheduled date of
departure or deportation. I understand those consequences.
I have been advised by my attorney or representative of the consequences of knowingly filing a frivolous
asylum application. I understand those consequences.
I have been advised by my attorney or representative of the consequences of failing to follow the DRS
biometrics instructions within the time allowed. I understand those consequences.
I understand that if my mailing address changes I must notify the court within 5 days of such change by
completing an Alien's Change of Address Form (Form EOIR-33/IC) and filing it with this court.
Finally, my attorney or representative has explained to me what this Written Pleading says. I understand it, I
agree with it, and I request that the court accept it as my pleading.

Respondent

Date

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Appendix L

CERTIFICATE OF INTERPRETATION

1,

-', am competent to translate and interpret from
(name of interpreter)

_ _ _ _ _ _ _ _ _ _ _ _ _ _ into English, and I certify that I have read this entire document to
(name of language)
the respondent in

., and that the respondent stated that he or she understood
(name of language)

the document before he or she signed the Pleading Declaration above.

(signature of interpreter)

(typed/printed name of interpreter)

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Appendix M

APPENDIX M
Sample Oral Pleading
Prior to entering a pleading, attorneys and representatives are expected to have thoroughly
reviewed all pertinent laws, regulations, and cases, as well as the Immigration Court Practice Manual.

*

*

*

I, [state your name], on behalf of [state the name of your clienfj, do concede proper service of
the Notice to Appear dated [state date of the NTA], and waive a formal reading thereof.

I represent to the court that I have discussed with my client the nature and purpose of these
proceedings, discussed specifically the allegations of facts and the charge(s) of removability,
and further advised my client of his or her legal rights in removal proceedings.

I further represent to the court that I have fully explained to my client the consequences of
failing to appear for a removal hearing or a scheduled date of departure as well as the
consequences under section 208(d)(6) of the Act of knowingly filing or making a frivolous
asylum application. My client knowingly and voluntarily waives the oral notice required by
section 240(b)(7) of the Act.

As to each of these points, I am satisfied my client understands fully. On behalf of my client, I
enter the following plea before this court:

One, [he or she] admits allegation(s) #

to

_

to

_

-AndjOr[he or she] denies allegation(s) #

Two, [he or she] concedes the charge(s) of removability.

-Or[he or she] denies the charge(s) of removability.

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Appendix M

Three, [he or she] seeks the following applications for relief from removal: [state all
applications, including termination ofproceedings, if applicable].

My client acknowledges that, if any applications are not timely filed, the applications will be
deemed waived and abandoned under 8 C.F.R. § 1003.31(c). [He or she] acknowledges receipt
of the DHS biometrics instructions, and understands that, under 8 C.F.R. § 1003,47(d), failure
to timely comply with the biometrics instructions will constitute abandonment of the
applications.

I request until [state date to be filef!j to submit such applications to the court with proper
service on the Department of Homeland Security.

I represent to the court that my client is prima facie eligible for the relief stated herein.

I request [time/hours] to present my client's case in chief.

I request an interpreter proficient in the [state name oflanguage] language, [state name of any
applicable dialectj dialect.
-OrI represent that my client is proficient in English and will not require the services of an
interpreter. If any witnesses require an interpreter, I will notify the court no later than thirty
days prior to the Individual Calendar hearing.

My client designates [state name ofcountry] as his/her country of choice for removal if removal
becomes necessary.
-OrMy client declines to designate a country of removal.

*

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*

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Appendix N

APPENDIX N

Sample Subpoena
Subpoenas are issued to require that witnesses attend a hearing or that documents be
produced. Prior to requesting a subpoena, parties are expected to have reviewed the pertinent
regulations, as. well as Chapter 4 of the Immigration Court Practice Manual (Hearings before
Immigration Judges).

United States Department of Justice
Executive Office for Immigration Review
Immigration Court
[the court's location (city or town) and state]
SUBPOENA
In the Matter of: [the respondent's name and A number]
To:

Date:

_

[the name and address of the individual being subpoenaed]

[If testifying in court]
Pursuant to 8 C.F.R. § I003.35(b), you are hereby commanded to appear before Immigration Judge
[name] at [the court's address] on [the date and time of the hearing] to give testimony in
connection with the [removal, deportation, etc.] proceedings being conducted under the authority
of the Immigration and Nationality Act, relating to [the respondent's name], concerning [the topic(s)
of testimony].
[If testifying by telephone]
Pursuant to 8 C.F.R. § I003.35(b), you are hereby commanded to give telephonic testimony before
Immigration Judge [name] on [the date and time of hearing] in connection with the [removal,
deportation, etc.] proceedings being conducted under the authority of the Immigration and
Nationality Act, relating to [the respondent's name], concerning [the topic(s) of testimony].
[If necessary]
You are further commanded to bring with you the following items: [books, papers, documents, etc.].

[name]
Immigration Judge
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Appendix N

RETURN ON SERVICE OF SUBPOENA

I hereby certify that on the

day of

, 20_, I served the above subpoena on the

witness named above by

_
(specify type of service)

(Name)

(Title)

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Appendix 0

APPENDIX 0
Sample Criminal History Chart
The following sample criminal history chart is provided for general guidance. A party submitting
a criminal history chart should attach all pertinent documentation. Priorto submitting any filings, parties
are expected to have reviewed the pertinent regulations, as well as Chapter 3 of the Immigration Court
Practice Manual (Filing with the Immigration Court).

RESPONDENT'S CRIMINAL HISTORY CHART
Respondent's name: Jane Smith
Respondent's A number: A12 345 678
Tab A, pp. 1-5

Rap Sheet

Federal Bureau of Investigation

Tab B, pp. 6-11

Rap Sheet

California Department of Justice

Tab,
Pages

Arrest Date
& Court
Docket No.

Charges

Disposition

Immigration Consequences

C, 12-14

01122/89
C0901583A

HS 11350
Possession of a
controlled
substance.

Pleaded not guilty.
Prosecution
diverted.
Dismissed 04/25/89
on motion ofDA.

No conviction because diverted
without entry of any plea. Diversion
neither completed nor terminated
because charge dismissed by DA.

D, 15-18

07/27/91
SC042665A

PC 496.1
Misd: receipt
of stolen
property.

Pleaded guilty. 90
days in jail.
Expunged in 2000.

CIMT.

Dismissed.

None.

Pleaded not guilty.
Dismissed.

None.

PC 466
Possession of
burglary tools.
E,19-20

10107/95
C011475A

updates: www.usdoj.gov/eoir

PC 490.5
Misd: petty
theft.

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Appendix P

APPENDIX P

Sample Table of Contents
This sample table of contents is provided for general guidance regarding organization and
layout. The documents submitted in Immigration Court proceedings vary depending on the type of
proceeding, the form of relief requested, if any, and the circumstances of the particular case. Prior to
making any submissions, parties are expected to have reviewed the pertinent regulations, as well as
Chapter 3 of the Immigration Court Practice Manual (Filing with the Immigration Court).

TABLE OF CONTENTS
PAGES

TAB
A

Hardship
Medical letter and file from Dr. Mathews re Jane Smith, Respondent's USC child
Allergy evaluation of Jane Smith by Dr. James
Letter from Jane Smith's teacher
'. _
_
Letter from social worker regarding Jane Smith

B

1-2
3
4
5

Physical Presence
1996
1997
1998
1999
2000
2001
2002 . _
2003
2004
2005
2006
2007

_. _

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6

7

__

P-1

8
9
10
_. . . . . . . . . . . . . . . . 11-12
13-14
15
16
17
18-20
21-22

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Appendix P

TAB
C

PAGES
Good Moral Character
Letter from Respondent's employer
Letter from Respondent's pastor

D

23
24

Biographical Information
Respondent's Birth Certificate, and certified translation
Respondent's identity documents
Jane Smith's Birth Certificate
Jane Smith's identity documents

E

,

,

25~26

27
28
29

State and Federal Tax Returns
1996
1997
1998
1999
2000
2001
2002 . . . . . .
2003
2004
2005
2006
2007

updates: www.usdoj.gov/eoir

, 30~3l
, 32~34
, 35~37
, 38~40
, 41 ~43

,
_

_

44~45

, 46~48

:..

49~51

_
_
,

P-2

, 52~54
, 55~57
, 58-60
, 61~63

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Appendix Q

APPENDIX Q

Sample Proposed Order
A proposed order is submitted with every motion filed. Prior to filing a motion, parties are
expected to have reviewed the pertinent regulations, as well as Chapter 5 of the Immigration Court
Practice Manual (Motions before the Immigration Court).

United States Department of Justice
Executive Office for Immigration Review
Immigration Court
[the court's location (city or town) and state]
In the Matter of: [the respondent's name]

A Number: [the respondent's A number]

ORDER OF THE IMMIGRATION JUDGE

Upon consideration of ["the respondent's" or "DHS's"] [title of motion], it is HEREBY ORDERED
that the motion be 0 GRANTED 0 DENIED because:

o
o
o
o
o
o
o

DHS does not oppose the motion.
The respondent does not oppose the motion.
A response to the motion has not been filed with the court.
Good cause has been established for the motion.
The court agrees with the reasons stated in the opposition to the motion.
The motion is untimely per
_
Other:

Deadlines:

o
o

The application(s) for relief must be filed by
The respondent must comply with DHS biometrics instructions by

Date

[name]
Immigration Judge

Certificate of Service
This document was served by: [] Mail [] Personal Service
To: [] Alien [] Alien c/o Custodial Officer [] Alien's Arty/Rep []
Date:
By: Court Staff

updates: wwwusdoj.gov/eoir

_
_

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DHS
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Glossary

GLOSSARY
The following are brief explanations of some words and abbreviations commonly used
in Immigration Court proceedings.
Accredited Representative
A person who is approved by the Board of Immigration Appeals to represent aliens
before the Immigration Courts and the Board. He or she must work for a specific
nonprofit, religious, charitable, social service, or similar organization. The
organization must be authorized by the Board to represent aliens.
AEDPA
An abbreviation for the Antiterrorism and Effective Death Penalty Act.
Affidavit
A document in which a person states facts, swearing that the facts are true and
accurate. The person should sign the affidavit under oath and the signature should
be witnessed by an official, such as a notary public.

"A Number"
The alien registration number, which the Department of Homeland Security assigns
to each alien. It is an "A" followed by eight numbers. For example: A12 345 678.
Some recently-issued A numbers consist of an "A" followed by nine digits. For
example: A 200 345 678. Cases before the Immigration Courts and the Board of
Immigration Appeals are tracked by A number.
Administrative Closing
An order by an Immigration Judge removing a case from the Immigration Court's
calendar. Once a case has been administratively closed, the court will not take any
action on the case until a request to recalendar is filed by one of the parties.
Affirmative Asylum Application
An asylum application filed with the Department of Homeland Security Asylum
Office by an alien not in removal proceedings. If the Department of Homeland
Security Asylum Office declines to grant an affirmative asylum application, removal
proceedings may be initiated. In that case, the asylum application is referred to an
Immigration Court for a hearing.
Alien

A person who is not a citizen or national of the United States.
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Glossary

Applicant
A person in exclusion proceedings.
Assistant Chief Counsel
The attorney representing the Department of Homeland Security in Immigration
Court proceedings. Though the "Assistant Chief Counsel" is the attorney's official
title, he or she is sometimes referred to as the "DHS attorney," the "government
attorney," or the "trial attorney."
Asylum Clock
The number of days elapsed since the filing of an asylum application, not including
any delays in the proceeding caused by the alien. Certain asylum applicants are
eligible to receive employment authorization from the Department of Homeland
Security after the asylum clock reaches 180 days.
Asylum~Only

Proceedings
Immigration Court proceedings in which an alien is limited to applying for asylum,
withholding of removal ('restriction on removal") under the INA and protection under
CAT. Asylum-only proceedings involve aliens who are not entitled to be placed in
removal proceedings.

Attorney of Record
An attorney who has properly entered an appearance with the Immigration Court in
a particular case and is held responsible as an attorney for the respondent.
Beneficiary
An alien who is sponsored by a relative or a business, or otherwise benefits from
a visa petition.
BIA

An abbreviation for the Board of Immigration Appeals.
Biometrics Instructions
The term often used to refer to the Department of Homeland Security "Instructions
for Submitting Certain Applications in Immigration Court and for Providing Biometric
and Biographic Information to U.S. Citizenship and Immigration Services." The
biometrics instructions inform aliens how to comply with the background and
security investigation requirements for certain forms of relief from removal, such as
asylum, adjustment of status, and cancellation of removal. The biometrics
instructions also inform aliens how to pay the fees for those applications.

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Glossary

Board
An abbreviation for the Board of Immigration Appeals.

Board of Immigration Appeals
The part of the Executive Office for Immigration Review that is authorized to review
most decisions of Immigration Judges and some types of decisions of Department
of Homeland Security officers.
Bond
The amount of money set by the Department of Homeland Security or an
Immigration Judge as a condition to release a person from detention for an
Immigration Court hearing at a later date.

Bond Proceedings
An Immigration Court hearing on a request to redetermine a bond set by the
Department of Homeland Security. Bond proceedings are separate from other
Immigration Court proceedings.
CA
An abbreviation for Court Administrator.

CAT
An abbreviation for the United Nations Convention Against Torture and Other Cruel,
Inhuman, or Degrading Treatment or Punishment.

CBP
An abbreviation for U.S. Customs and Border Protection, a part of the Department
of Homeland Security.

Certificate of Translation
A formal statement in which a translator shows that he or she has accurately
translated a foreign-language document into English.

C.F.R.
An abbreviation for the Code of Federal Regulations.

Charging Document
The document that orders an alien to appear before an Immigration Judge.
Immigration Court proceedings begin when the Department of Homeland Security
mails or delivers the charging document to the alien and files it with the Immigration
Court. In general, the charging document states why the Department of Homeland

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Glossary

Security believes the alien should be deported from the United States. The charging
document in removal proceedings is called the Notice to Appear (Form 1-862).

Claimed Status Review
Immigration Court proceedings involving aliens subject to expedited removal under
INA § 235(b)(1) who claim to be United States citizens or lawful permanent
residents, or to have been granted refugee or asylee status.
Code of Federal Regulations
The official interpretations of laws passed by Congress. These interpretations are
known as "regulations." Regulations are first published in a government publication
called the Federal Register. After publication in the Federal Register, regulations
can be found in the Code of Federal Regulations. Most immigration regulations are
in Title 8, Aliens and Nationality.
Convention Against Torture
An abbreviation forthe United Nations Convention Against Torture and OtherCruel,
Inhuman, or Degrading Treatment or Punishment.
Credible Fear Proceedings
Immigration Court proceedings in which an Immigration Judge reviews a finding by
a Department of Homeland Security asylum officer that a stowaway or an alien
subject to expedited removal under INA § 235(b)(1) does not have a credible fear
of persecution or torture.
DAR
An abbreviation for digital audio recording.

Declaration under Penalty of Perjury
A statement by a person, in which the person states that the information is true, to
support his or her request or application. For example, a declaration may list the
facts and then state: "l declare under penalty of perjury (under the laws of the
United States of America) that the foregoing is true and correct." This statement
should be followed by the date, signature, and printed name of the person signing.
Defensive Asylum Application
An asylum application filed with an Immigration Judge by an alien already in
removal proceedings.

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Glossary

Deportation Proceedings
An Immigration Court proceeding begun before April 1, 1997, against a person
believed to be in the United States without legal status, to determine whether the
person should be deported from the United States.
DHS
An abbreviation for the Department of Homeland Security.

DHS Attorney
A term sometimes used to refer to an Assistant Chief Counsel in Immigration Court.
DOJ
An abbreviation for the United States Department of Justice.

EOIR
An abbreviation for the Executive Office for Immigration Review.

Ex Parte Communication
Any communication about a case between a party and an Immigration Judge which
does not include the other party. Ex parte communications are generally prohibited.
A party cannot speak about a case with the Immigration Judge when the other party
is not present. In addition, all written communications about a case must be served
on the opposing party.
Exclusion Proceedings
An Immigration Court proceeding begun before April 1, 1997, to determine whether
a person should be allowed to legally enter the United States.
Executive Office for Immigration Review
The part of the United States Department of Justice that is responsible for the
Immigration Courts and the Board of Immigration Appeals.
FOIA
An abbreviation for the Freedom of Information Act.

ICE
An abbreviation for the U.S. Immigration and Customs Enforcement, a part of the
Department of Homeland Security.

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Glossary

Immigration Court
Any of the more than 50 courts nationwide administered by the Executive Office for
Immigration Review. In general, proceedings in Immigration Court involve aliens
charged as present in the United States in violation of the immigration laws.
Immigration Court Proceedings
In general, proceedings in Immigration Court involve aliens charged as present in
the United States in violation of the immigration laws. Several types of proceedings
are held in Immigration Court, including removal proceedings (begun on or after
April 1, 1997), deportation proceedings (begun prior to April 1, 1997), exclusion
proceedings (begun prior to April 1, 1997), bond proceedings, rescission
proceedings, credible fear proceedings, reasonable fear proceedings, claimed
status review, asylum-only proceedings, and withholding-only proceedings.
Immigration Judge
The official who presides over proceedings in Immigration Court. In general,
Immigration Judges determine removability and adjudicate applications for relief
from removal.
INA

An abbreviation for the Immigration and Nationality Act.
INS

An abbreviation for the Immigration and Naturalization Service. INS has been
abolished and its functions have been transferred to the Department of Homeland
Security.
In Absentia Hearing
A hearing conducted without the alien's presence after the alien failed to appear as
required.
Individual Calendar Hearing
Hearings scheduled by the Immigration Court for testimony and evidence. These
hearings are also known as "merits hearings."
IJ

An abbreviation for Immigration Judge.
IRCA

An abbreviation for the Immigration Reform and Control Act of 1986.

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Glossary

IIRIRA
An abbreviation forthe Illegal Immigration Reform and Immigrant Responsibility Act
of 1996.
LIFE
An abbreviation for Legal Immigration and Family Equity Act.
LPR
An abbreviation for lawful permanent resident.
Master Calendar Hearing
Hearings held for pleadings, scheduling, and other similar matters. A respondent's
first appearance before an Immigration Judge in removal proceedings is at a master
calendar hearing.
Merits Hearing
A term sometimes used to refer to an individual calendar hearing.
NACARA
An abbreviation for the Nicaraguan Adjustment and Central American Relief Act.
Notice Attorney
A term sometimes used in Immigration Court to refer to the primary attorney.
Notice to Appear
The charging document (Form 1-862) used by the Department of Homeland Security
to begin removal proceedings.
NTA
An abbreviation for Notice to Appear.
OCIJ
An abbreviation for the Office of the Chief Immigration Judge.
Office of the Chief Immigration Judge
The part of the Executive Office for Immigration Review that oversees the
Immigration Courts.
OIL
The abbreviation for the Office of Immigration Litigation, a part of the United States
Department of Justice.

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Glossary

Order to Show Cause
The charging document (Form 1-221) used by the Department of Homeland Security
before April 1, 1997, to begin deportation proceedings.
OSC
An abbreviation for Order to Show Cause.
Party
The term used to refer to the alien or the Department of Homeland Security in
Immigration Court.
Petitioner
A person who files a visa petition.
Practitioner
A person who is authorized to represent aliens before the Immigration Courts and
the Board of Immigration Appeals.
Pre-Decision Motion
A motion filed before the conclusion of Immigration Court proceedings.
Primary Attorney
An attorney who has properly entered an appearance with the Immigration Court in
a particular case and is designated to receive mailings from the court, including
notices of hearings. If, at any time, more than one attorney represents an alien, one
of the attorneys must be designated as the primary attorney. Only the primary
attorney, also known as the "notice attorney,"will receive mailings from the
Immigration Court.
Pro Se
A term used to refer to an alien who does not have an attorney or representative in
Immigration Court.
Proof of Service
A formal statement in which a party shows that he or she has provided a copy of a
document to the other party.

REAL 10
An abbreviation for the REAL 10 Act of 2005.

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Glossary

Reasonable Fear Proceedings
Immigration Court proceedings in which an Immigration Judge reviews a finding by
a Department of Homeland Security asylum officer that an alien subject to
expedited removal under INA §§ 238(b) or 241(a)(5) does not have a reasonable
fear of persecution or torture.
Record of Proceedings
The official file containing documents relating to an alien's case.
Removal Proceedings
An Immigration Court proceeding begun on or after April 1, 1997, to determine
whether a person can be admitted to the United States or removed from the United
States.
Reputable Individual
An individual who possesses good moral character and meets certain other
requirements. In appropriate circumstances, an Immigration Judge may allow a
reputable individual to represent an alien in Immigration Court proceedings.
Respondent
A person in removal or deportation proceedings.
ROP
An abbreviation for Record of Proceedings.

Serve
To give, deliver, or mail a document to the opposing party.
opposing party is the Department of Homeland Security.

For an alien, the

Stay
An order by an Immigration Judge, or a rule of law, that stops the Department of
Homeland Security from removing an alien.

Transcript
A printed copy of the recording of a hearing before an Immigration Judge.
Trial Attorney
A term sometimes used to refer to an Assistant Chief Counsel.
USCIS
An abbreviation for U.S. Citizenship and Immigration Services, a part of the
Department of Homeland Security.
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Glossary

Visa Petition
A form asking the Department of Homeland Security to determine if an alien is
qualified to become a lawful permanent resident. Filing the visa petition is the first
step in obtaining lawful permanent resident status (a "qreen card"). .
Withholding-Only Proceedings
Immigration Court proceedings in which an alien is limited to applying for
withholding of removal C'restriction on removal") underthe INA and protection under
CAT. Withholding-only proceedings involve certain aliens who are not entitled to
be placed in removal proceedings.

updates: www.usdoj.gov/eoir

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Indexes

WORD INDEX

A separate Citation Index - containing cases, statutes, and regulations - follows this Index.

A
A numbers
13, 46, 50, Glossary
see foreign government officials
accredited officials
accredited representatives
accreditation
2 25
attorneys, same rules as
' 26
2,25
BIA, accredited by
definition
25, Glossary
discipline
. . . . . . . . . . . . .. see discipline
entry of appearance .... see entry of appearance
filing . . . . . . . . . . . . . . . . . . . . . . . . . . . .. see filing
immigration specialists, compared to
25
list of
26
qualifying organizations . . . . . . . . . . . . . . . . . .. 25
qualifying representatives
. . . . . . . . . . . . .. 25
removal from list of
26
see signatures
signatures
verification . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 26
see Assistant Chief Immigration Judges
ACIJs
address obligations
aliens. . . . . . . .. 17, 22, 66, 70, 76, 90, 93, 94, 97
aliens, detained
" " . . . . . . . . . . . . . . .. 18, 121
attorneys
"
21
compound changes of address . . . . . . . . . . . .. 21
consolidated cases
21
forms . . . " . . " . . . . . . . . . . . . . . . . . . . . .. 17, 141
"....... 18
motions generally
""........... 93
motions to reconsider
motions to reopen
90
motions to reopen in absentia orders
94
representatives
21
see EOIR, Immigration Courts
addresses
administrative closure
" . . . . . . . . . . .. see motions
Administrative Control Courts .. see Immigration Courts
advisory opinions
48
AEDPA . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Glossary
affidavits
:............... 41
English language, in
penalty of perjury, under
87, Glossary
translations of
41
alien
Glossary
appeals
see asylum-only
asylum-only proceedings
BIA jurisdiction. . . . . . . . . . . . . . . .. 2, 9, 101, 102
see bond proceedings
bond proceedings

updates: www.usdoj.gov/eoir

appeals (cont.)
certification, distinct from
77, 102
continued detention. . . .. see continued detention
deadlines
34, 101
see deportation proceedings
deportation
see discipline
disciplinary proceedings
see exclusion proceedings
exclusion
forms, use of required
141
how to appeal
101
motions, relationship to . . . . . . . . . .. see motions
Notice of Appeal
101
see rescission proceedings
rescission
right to appeal
77
see stays
stays
waiver of appeal
77, 102
who may appeal
101
"". . see withholding-only
withholding-only
appearances "on behalf of' . . . . . .. see representation
Assistant Chief Immigration Judges (ACIJs) ..... 4, 5
asylum
affirmative applications
". 34, Glossary
asylum clock
71, Glossary
asylum-only proceedings. . . . . .. see asylum-only
benefits and responsibilities
78
changed circumstances. . . . . . . . . . . . . . . . . .. 91
defensive applications . . . . . . . .. 34, 45, Glossary
Department of State, reviewed by
45
employment authorization
71
frivolous applications . . . . . . . . . . . . . . . . . . . .. 70
hearings,c1osed
60
".................. 45
number of copies
withholding-only
" .. "... see withholding-only
asylum clock . . . . . . . . . . . . . . . . . . . . . . .. see asylum
Asylum Office .. see Department of Homeland Security
asylum-only proceedings
appeals
117
conduct of proceedings . . . . . . . . . . . . . . . . .. 117
cooperating witnesses
110, 116
"". 110, 116
crewmembers
" 110, 116
D visa applicants
"
" .. "
detention
110, 124
generally
116, Glossary
S visa applicants . . . . . . . . . . . . . . . . . .. 110, 116
scope
117
security grounds, removable under . . . .. 110, 117

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Immigration Court
Practice Manual

Indexes

asylum-only proceedings (cont.)
stowaways . . . . . . . . . . . . . . . . . . . . . . .. 110, 116
visa waiver applicants
. . . . .. 110, 116
visa waiver overstays
110, 116
attendance at hearings . . . .. see removal proceedings
see Immigration Courts
attire
Attorney General
9
attorneys (see also representation, discipline)
absence at hearing
59
appearances "on behalf of' . .. see representation
see Immigration Courts
attire
attorney of record
Glossary
bar information
19
bribery. . . . . . . . . . . . . . . . . . . . . .. see discipline
change of address . . . . .. see address obligations
complaints . . . . . . . . . . . . . . . . . . .. see discipline
contempt . . . . . . . . . . . . . . . . . . . .. see discipline
disbarment. . . . . . . . . . . . . . . . . . .. see discipline
discipline
. . . . . . . . . . . . . .. see discipline
see entry of appearance
entry of appearance
see discipline
false statements
free legal services . . . . . . . . .. see representation
see discipline
frivolous behavior
see discipline
grossly excessive fees
see discipline
improperly soliciting clients
ineffective assistance of counsel . .. see discipline
20,21,42
law firms
limited appearances
see representation
see discipline
misrepresentations
see representation
multiple representatives
notice attorney . . . . . . . . . . . .. see representation
see representation
primary attorney
qualifications
. . . . . . . . . . . . . . . . . . . . . .. 18
references to . . . . . . . . . . . . . . . . . . . . . . . . . .. 57
release of counsel . . . . . . . . .. see representation
right to representation . . . . . .. see representation
sanctions . . . . . . . . . . . . . . . . . . . .. see discipline
serious crimes . . . . . . . . . . . . . . . .. see discipline
substitution of counsel . . . . . .. see representation
telephonic appearances .... see master calendar
unauthorized practice of law . . . . .. see discipline
see waivers
waivers of appearances
Automated Status Query (ASQ) system. . .. 12, App. I
see stays
automatic stays

B
background and security investigations ..... see DHS
see Office of the General Counsel
Bar Counsel
beneficiary
Glossary
see DHS
biometrics instructions
Board of Immigration Appeals (BIA)
see appeals
appeals to
see discipline
disciplinary authority
filing with
86
generally
Glossary
Immigration Courts, relationship to .. . . . . . .. 2, 9

updates: www.usdoj.gov/eoir

Board of Immigration Appeals (cont.)
jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2, 9
Practice Manual. 2, 61, 86,101-103,119,127,136
bond proceedings
appeals
127
deadlines . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 126
decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 127
definition of "bond"
Glossary
evidence
126
hearings
124-126
jurisdiction . . . . . . . . . . . . . . . . . . . . . . .. 123, 124
mootness . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 123
recorded, generally not
. . . . . . . . .. 126
removal proceedings, compared to . . . . . . . .. 127
representation . . . . . . . . . . . . . . . . . . . . . . . .. 126
testimony . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 127
witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 127
bribery. . . . . . . . . . . . . . . . . . . . . . . . . .. see discipline
see pre-hearing briefs
briefs

C
CAT
Glossary
CBP
Glossary
.. see electronic devices
cellular telephones
see service
Certificate of Service
certification . . . . . . . . . . . . . . . . . . . . . . .. 77, 102, 119
certified translations . . . . . . . . . . . . . . . see documents
CFR
Glossary, Citation Index
change of venue . . . . . . . . . . . . . . . . . . .. see motions
charging document . . . . . . . . . . . . . . . . . . . .. Glossary
Chief Immigration Judge (CIJ)
4
citation
App. J
claimed status review
hearing
115
109,114
expedited removal
detention
110, 124
generally
114, Glossary
location
115
no appeal
116
representation
. . . . . . . . . . . . . . . . . . . . .. 115
timing
114
see removal proceedings
closing statements
Code of Federal Regulations
Glossary
see discipline
complaints
see pre-hearing conferences
conferences
conformed copies . . . . . . . . . . . . . . . . . see documents
consolidated cases
address obligations . . . .. see address obligations
fees
53
see pre-hearing briefs
pre-hearing briefs
requests
83
standards
83
filing
45
contempt of court
see discipline
continued detention review
appeals
129, 130
DHS determination
127

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Practice Manual

Indexes

continued detention review (cont.)
merits hearing
129, 130
periodic review
130
reasonable cause hearing . . . . . . . . . . . . . . .. 128
representation ... . . . . . . . . . . . . . . . . .. 128, 129
Convention Against Torture (CAT)
Glossary
cooperating witnesses .. see asylum-only proceedings
copies . . . . . . . . . . . . . . . . . . . . . . . .. see photocopies
see removal proceedings
country of removal
see Department of State
Country Reports
courier services
delays in delivery . . . . . . . . . . . . . . . . . . . .. 32, 36
encouraged . . . . . . . . . . . . . . . . . . . . . . . . . . .. 32
mailbox rule not observed
31
see service
service by
Court Administrators. . . . . . . . . . . . . . . . . . .. 4, 13, 61
Court Analysis Unit . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
Court Evaluation Team . . . . . . . . . . . . . . . . . . . . . . .. 4
see documents
cover page
credible fear proceedings
stowaways . . . . . . . . . . . . . . . . . . . . . . . . . 110-112
expedited removal
109-112
detention
110, 124
generally
110, Glossary
location
111
no appeal. . . . . . . . . . . . . . . . . .. . . . . . . . . .. 112
redetermination by DHS
112
representation .. . . . . . . . . . . . . . . . . . . . . . .. 111
110, 111
review by DHS . . . . . . . . . . . . . . . . . .
review by Immigration Judge
111, 112
timing
111
crewmembers . . . . . . . . . see asylum-only proceedings
criminal history chart
49, 76, App.
cross-examination
see witnesses

a

D
D visa applicants
see asylum-only proceedings
see deadlines
date stamp
deadlines
see appeals
appeals
asylum . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 33, 34
see bond proceedings
bond proceedings
date stamp
34
"day," construction of
34
delays in delivery . . . . . . . . . . . . . . . . . . . . . . .. 36
detained aliens
33
see discipline
disciplinary proceedings
extensions . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 36
filing receipts . . . . . . . . . . . . . . . . . . . . . . . . . .. 38
generally
App. D
Immigration Judge can specify
32
individual calendar hearings
33
master calendar hearings
33, 66
see motions
motions
receipt, deemed "filed" at
31
responses
33
time, computation of
35

updates: www.usdoj.gov/eoir

deadlines (cont.)
untimely filings . . . . . . . . . . . . . . . . . . . . . . . . .. 37
declarations
English language, in
41
penalty of perjury, under
87, Glossary
translations of
41
defective filings . . . . . . . . . . . . . . . . . . . . . . .. see filing
Department of Homeland Security (DHS)
Administrative Appeals Office (MO) . . . . . . . . .. 3
Department of Homeland Security (cont.)
Assistant Chief Counsel
Glossary
see asylum
asylum clock
Asylum Office
33
background and security investigations
69-71
biometrics instructions. .. 52, 53, 68-70, Glossary
see continued detention
continued detention
see credible fear
credible fear review
see detained aliens
detention of aliens
DHS forms . . . . . . . . . . . . . . . . . . . . . .. see forms
see discipline
discipline of attorneys
employment authorization . . . . . . . . .. see asylum
EOIR, separate from
. . . . . . .. 2, 9, 57
50,52,53,87,88
fees paid to
Forensics Documents Laboratory . . . . . . . . . .. 48
Immigration and Customs Enforcement (ICE) 2, 9
INS, replaced
2
motions filed by . . . . . . . . . . . . . . . .. see motions
party in proceedings
56
post-order instructions . . . . . . . . . . . . . . . . . . .. 77
reasonable fear review ..... see reasonable fear
Department of Justice (DOJ)
see BIA
Board of Immigration Appeals
Executive Office for Immigration Review. see EOIR
Office of Immigration Litigation (OIL) ..... see OIL
Department of State (DOS)
asylum applications, review of . . . . . .. see asylum
Country Reports
49
see evidence
publications as evidence
Report on International Religious Freedom .... 49
Visa Bulletin. . . . . . . . . . . . . . . . . . . . . . . . . . .. 88
deportation proceedings
appeals
106
charging document
56, 106
DHS motions to reconsider . . . . . . . . . . . . . . .. 93
generally
106, Glossary
grounds of deportability . . . . . . . . . . . . . . . . .. 106
hearing notification
106
in absentia hearings
78
motions to reopen in absentia orders
94
Order to Show Cause (OSC) . .. 56, 106, Glossary
relief available . . . . . . . . . . . . . . . . . . . . . . . .. 106
removal proceedings, compared with
105, 106
see stays
stays of deportation
Deputy Chief Immigration Judge (DCIJ) . . . . . . . . . .. 4
detained aliens
address obligations . . . .. see address obligations
appearance at hearings
121

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Immigration Court
Practice Manual

Indexes

detained aliens (cont.)
background and security investigations . see DHS
bond
see bond proceedings
continued detention . . . .. see continued detention
deadlines . . . . . . . . . . . . . . . . . . . .. see deadlines
detained minors
see minors
hearings
121
limited proceedings . . . .. see limited proceedings
location
121
orientation
, 122
release
121
transfers
121
venue
121
see Immigration Courts
detention facilities
see Department of Homeland Security
DHS
digital audio recordings
12
disbarment
. . . . . . . . . . . . . . .. see discipline
discipline
accredited representatives
26, 131
agreement in lieu of discipline . . . . . . . . . . . .. 135
answer . . . . . . . . . . . . . . . . . . . . . . . . . .. 136, 137
137,138
appeals
attorneys . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 131
authority to discipline
" 24, 131
"""
" . . .. 133
bribery "
" . " .. "
coercion
"" 133
complaints
" . . . . .. 133, 134
contempt of court"
"
"
""
133
deadlines, effect on
"
" see deadlines
"....... 136, 138
default order .. "
DHS attorneys . . . . . . . . . . . . . . . . . . . . . . . .. 132
""............... 135
DHS motion to join
disbarment "
133-135
disciplinary proceedings
135-137
"."........ 138
disclosure to public
duty to advise clients . . . . . . . . . . . . . . . . . . .. 138
duty to report discipline
. . . . . . . . . . . . .. 134
evidence "
"
"
137
extension of time to answer, motion for. . . . .. 136
false certification
. . . . . . . . . . . . . . . . .. 133
false statements
133
frivolous behavior
132
grossly excessive fees
133
hearings, failure to attend
133
Immigration Practitioner Complaint Form
133
immigration specialists
132
improperly soliciting clients
. . .. 133
ineffective assistance of counsel" .. 132, 134, 139
law graduates
27, 131
law students
27, 131
list of disciplined practitioners
" .. 138
misrepresentations
"
". 133
non-practitioners
. . . . . . . . . . . . . . . . . .. 132
notarios
" . . . . . . . . . . . . . . . . . . . .. 132
Notice of Intent to Discipline (NID)
135, 136
pending cases, effect on
"
138-140
Petition for Immediate Suspension. . . . . . . . .. 135

updates: www.usdoj.gov/eoir

discipline (cont.)
practitioners . . . . . . . . . . . . . . . . . . . . . . . . . .. 131
pre-hearing conferences "
" . . . . . . . .. 137
reinstatement. . . . . . . . . . . . . . . . . . . . . . . . .. 139
representation . . . . . . . . . . . . . . . . . . . . . . . .. 137
reputable individuals
. . . . . . . . . . .. 131
resignation from bar
133, 134
sanctions . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 137
"............ 134, 135
self-reporting
serious crimes
"
133-135
set aside default order, motion to
136
suspension from bar
133-135
unauthorized practice of law
. . .. 132, 133
visa consultants . . . . . . . . . . . . . . . . . . . . . . .. 132
warning letter . . . . . . . . . . . . . . . . . . . . . . . . .. 135
where to file documents
138
witnesses " . " . . . . . . . . . . . . . . . . . . . . . . . . .. 137
"""
"
"
see stays
discretionary stays
documents
advisory opinions . " . . . . . . . . . . . . . . . . . . . . .. 48
binding of
47
certificate of translation . . . . . . . . . . . . .. Glossary
certified translations ."... see translations, below
conformed copies
" 38
see consolidated cases
consolidated cases
cover page
" 42-44, 46, 86, App. F
criminal history chart . .. see criminal history chart
date stamp. . . . . . . . . . . . . . . . . . .. see deadlines
""".". 49
Department of State publications
see filing
filing locations
"
fonts and spacing "" .. """"""."
"... 47
foreign-language documents " " . "
" . .. 41
format, generally
"
""
"
" 42
furms
"" .. "
seefurms
governmental memoranda
48
internet publications
49
".. 48
legal opinions " .. " .. "
legibility ..... " .. " . . . . . . . . . . . . . . . . . .. 42, 46
"................. 49
newspaper articles
number of copies
" " . . . . . . . . . . . . . .. 45
order of documents " " "
42-44, 86
original documents
48
"..... 45
pagination
"
paper size and quality
46
45-48,87,88,90,97,99
photocopies
photographs
48
Proof of Service . . . . . . . . . . . . . . . . .. see service
"""
43,45
proposed exhibits
publications
" . " . . .. 48
service of . . . . . . . . . . . . . . . . . . . . . .. see service
see signatures
signatures
source materials
48
supporting documents . . . . . . . . . . . . . . . . . . .. 48
table of contents
42-45, App. P
tabs
" 46
translations
41, App. H
see witnesses
witness lists

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Immigration Court
Practice Manual

Indexes

E
e-filing
32
s-malls
14 32
electronic devices
cellular telephones
63, 73, 75
detention facilities, in . . . . . . . . . . . . . . . . .. 63, 64
electronic calendars
63
Immigration Court, in . . . . . . . . . . . . . . . . . . . .. 63
laptop computers . . . . . . . . . . . . . . . . . . . . . . .. 63
possession of during hearings. . . . . . . . . . . . .. 63
recording devices, use of
63
see asylum
employment authorization
entry of appearance
accredited representatives
25
appearances "on behalf of' . . . . . . . . . . . . . . .. 24
bar information
19
change in firm
21
change in representation . . . . . . . . . . . . . . . . .. 57
change of address
15,21
change of telephone
15
disciplinary information
20
first appearance. . . . . . . . . . . . . . . . . . . . .. 15, 57
foreign government officials
29
15,16,19,141
forms
G-28 not accepted . . . . . . . . . . . . . . . . . . . . . .. 16
general rules for
15, 19
law graduates
27
law students
26
limited appearances
20
master calendar, at
. . . . . . . . . .. 67
see motions
motions
multiple representatives
20
reinstatement. . . . . . . . . . . . . . . . . . . . . . . . . .. 15
remand
15
reputable individuals
. . . . . . . . . . . . .. 29
service
16 41 67
substitution of counsel
' 22: 57
EOIR . . .. see Executive Office for Immigration Review
evidence
see bond proceedings
bond proceedings
criminal convictions . . .. see criminal history chart
Department of State publications as . . . . . . . .. 49
disciplinary proceedings, in . . . . . .. see discipline
see motions
motions
newspaper articles
49
publications as evidence . . . . . . . . . . . . . . . . .. 48
right to examine . . . . . . . . . . . . . . . . . . . . . . . .. 65
right to object to . . . . . . . . . . . . . . . . . .. 65, 76, 77
right to present
65, 76, 77
subpoenas . . . . . . . . . . . . . . . . . . . see subpoenas
ex parte communication
. . . . .. 13, Glossary
exclusion proceedings
appeals
107
applicant
Glossary
charging document
56, 107
DHS motions to reconsider . . . . . . . . . . . . . . .. 93
generally
107, Glossary
t

updates: www.usdoj.gov/eoir

exclusion proceedings (cont.)
grounds of excludability . . . . . . . . . . . . . . . . .. 107
hearing notification
107
in absentia hearings
78
motions to reopen in absentia orders
94
Notice to Applicant Detained for Hearing . 56, 107
public, closed to . . . . . . . . . . . . . . . . . . . . . . .. 107
relief available . . . . . . . . . . . . . . . . . . . . . . . .. 107
removal proceedings, compared with
105, 107
see stays
stays of exclusion
Executive Office for Immigration Review (EOIR)
App.B
addresses
Board of Immigration Appeals
see BIA
see discipline
disciplinary authority
see forms
EOIR forms
see Freedom of Information Act
FOIA requests
Fraud Program
6, 28, 132
generally
1-7, Glossary
Law Library
7, 10, 149
Legal Orientation and Pro Bono Program .. 6, 122
Office of Legislative and Public Affairs ..... 7,61
Office of the Chief Administrative Hearing Officer
(OCAHO)
3
Office of the Chief Immigration Judge (OCIJ)
............................... 1-4, 10
Office of the General Counsel (OGC)
................ 5,26,134-136,139,145
organizational chart
App. C
telephone numbers
App. B
Virtual Law Library
7, 11
website
14
expedited removal under INA § 235(b)(1)
aliens subject to
108
exceptions
109
see claimed status
claimed status review
see credible fear
credible fear proceedings
expedited removal under INA § 238(b)
. . . . . . . .. see reasonable fear, withholding-only

F
failure to prosecute . . . . . . .. see removal proceedings
family members
28, 42
faxes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14 32 59
federal courts
'
'. 9
Federal Register . . . . . . . . . . . . . . . . . . . . . . . . . .. 150
fees
52,53
application fees
biometrics fees
53
see consolidated cases
consolidated cases
defective or missing
53
50,52, 87, 88
DHS, paid to
see Freedom of Information Act
FOIA
form of payment
53
see discipline
grossly excessive
Immigration Court, not paid to . . . . . . . . . . . . .. 50
see motions
motions
50,52
paid in advance

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Immigration Court
Practice Manual

Indexes

fees (cont.)
receipts
52
visa petitions . . . . . . . . . . . . . . . . . . . . . . . . . .. 88
52,87
waivers
filing
ACCD fasteners
47
attorneys, by
40, 85
see documents
conformed copies
see consolidated cases
consolidated cases
courier services . . . . . . . . . .. see courier services
date stamp. . . . . . . . . . . . . . . . . . .. see deadlines
deadlines . . . . . . . . . . . . . . . . . . . .. see deadlines
37,52
defective filings
disciplinary proceedings, in . . . . . .. see discipline
documents . . . . . . . . . . . . . . . . . . . see documents
e-filing
32
e-mail
32
32,59
fax
filing receipts . . . . . . . . . . . . . . . . . . . . . . . . . .. 38
furms
seefurms
hole-punched . . . . . . . . . . . . . . . . . . . . . . . . . .. 47
31,58,59, 85,86, App. K
locations
mailbox rule not observed
31
see motions
motions
number of copies . . . . . . . . . . . . . . see documents
order of documents . . . . . . . . . . . . see documents
paper clips . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 47
'postage problems
31
see documents
proposed exhibits
public window, delivered to . . . . . . . . . . . . . . .. 32
receipt, deemed "filed" at
31
37,46, 52
rejected filings
representatives, by
40, 57, 85
required filings _. . . . . . . . . . .. . . . . . . . . . . . .. 75
separate envelopes . . . . . . . . . . . . . . . . . . . . .. 32
see signatures
signatures
stapling
47
street address, sent to
32
supporting documents . . . . . . . . . . see documents
telephonic hearings, filing at
. . . . . . . . . .. 59
37,38
untimely filings
video hearings, filing at
. . . . . . . . . .. 59
see deadlines
filing deadlines
FOIA . . . . . . . . . . . . .. see Freedom of Information Act
fonts and spacing . . . . . . . . . . . . . . . . . see documents
see Immigration Courts
food and drink
foreign government officials
. . . . . . . .. 29
foreign student advisors
30
see documents
foreign-language documents
Forensics Documents Laboratory. . . . . . . . .. see DHS
Form EOIRsee appeals
26
see appeals
26A
see appeals
27
28
see entry of appearance
33/1C
see address obligations
see Notice to Appear (NTA)
Form 1-862

updates: www. usdoj. gov/eoir

former DOJ employees
, 30
forms
colors
143
completed forms
143
computer-generated
142
list of
App. E
obtaining forms
142
photocopies .. _. . . . . . . . . . . . . . . . . . . .. 47, 142
recommended
133, 141
required
141
signatures
see signatures
Fraud Program . . . . . . . . . . . . . . . . . . . . . .. see EOIR
free legal services . . . . . . . . . . . . .. see representation
Freedom of Information Act (FOIA)
consent of subject . . . . . . . . . . . . . . . . . . . . .. 147
copies of the record . . . . . . . . . . . . . . . . . . . .. 145
deadlines, effect on . . . . . . . . . . . . . . . . . . . .. 146
denials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 147
exempt from release
146
fees .... . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 146
inspecting the record . . . . . . . . . . . . . . . . . . .. 145
limitations
146
Office of Information and Privacy
147
processing times
146
requests
145, 146
frivolous behavior . . . . . . . . . . . . . . . . .. see discipline

H
Homeland Security . _

_. . . . .

see DHS

I
ICE
Glossary
IIRIRA
Glossary
Immigration and Customs Enforcement (ICE) see DHS
Immigration and Naturalization Service (INS)
2
Immigration Courts
addresses
32, App. A
Administrative Control Courts
10, 13, 31
administrative offices, no access to . . . . . . . . .. 64
arrival at court
65
attire in court
. . . . . . . . . . . . . . . . . . . .. 62
decorum
_
, 62
designated detail cities
10
detention facilities, in . . . . . . .. 10, 59, 63, 64, 122
see electronic devices
electronic devices
food and drink
62
generally
_
_.. 4, 10, Glossary
hours of operation
_.. 32
locations
4, 10, 58, App. A
public windows
32
public, when closed to . . . . . . . . . . . . . . .. 60, 107
security screening
. . . .. 59, 64, 65
shared administrative control
31
telephone numbers
App. A
Immigration Judges
conduct and professionalism
_.. _.. 5

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J

Immigration Court
Practice Manual

Indexes

Immigration Judges (cont.)
deadlines, can specify . . . . . . . . . . . . . . . . . . .. 32
decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8
discretion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
4,7,8, Glossary
generally
inquiries to . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
Liaison Judges
5
57,62
references to
immigration specialists . . . . . . . . . . . . . . .. 25, 28, 132
in absentia hearings
deportation proceedings
78
exclusion proceedings
78
generally
59, 78, Glossary
see motions to reopen in absentia
reopening
no appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 78
INA
Glossary, Citation Index
individual calendar hearings
conduct of hearing . . . . . . . . . . . . . . . . . . . . . .. 76
conferences . . . . . .. see pre-hearing conferences
deadlines . . . . . . . . . . . . . . . . . . . .. see deadlines
see in absentia hearings
in absentia hearings
see interpreters
interpreters
see evidence
objections to evidence
opening statements . . . . . . . . . . . . . . . . . . . . .. 76
oral decisions
77
post-order instructions . . . . . . . . . . . . . .. see DHS
see pre-hearing briefs
pre-hearing briefs
purpose of hearing
75, Glossary
see recording of hearings
recording
required filings . . . . . . . . . . . . . . . . . . . .. see filing
statements . . . . . . . .. see pre-hearing statements
see pre-hearings statements
stipulations
telephonic hearings . . . . see removal proceedings
telephonic testimony . . . see removal proceedings
testimony . . . . . . . . . . . . . . . . . . . . . see witnesses
video hearings . . . . . . . . see removal proceedings
video testimony . . . . . . . see removal proceedings
witnesses . . . . . . . . . . . . . . . . . . . . . see witnesses
written decisions
77
see discipline
ineffective assistance of counsel
inquiries
e-mail
14
emergencies
14
fax
14·
see Freedom of Information Act
FOIA
Immigration Courts staff, to . . . . . . . . . . . . . . .. 13
Immigration Judges, to
13
press
12
generally
12
telephone, by
12, App. I
see Immigration and Naturalization Service
INS
internet publications . . . . . . . . . . . . . . . see documents
interpreters
contract interpreters
62
Language Services Unit
4
. requests for interpreters
68, 69, 73
staff interpreters
62

updates: www.usdoj.gov/eoir

interpreters (cont.)
telephonic
62
when provided . . . . . . . . . . . . .. 61, 66, 68, 69, 73
IRCA
Glossary

J
joint motions . . . . . . . . . . . . . . . . . . . . . .. see motions
Justice Department
_ see Department of Justice
juveniles . . . . . . . . . . . . . . . . . . . . . . . . . .. see minors

L
Language Services Unit . . . . . . . . . . . . . . . . . . . . . .. 4
see electronic devices
laptop computers
law firms . . . . . . . . . . . . . . . . . . . . . . . . . . .. 20, 21, 42
law graduates
27, 131
Law Library . . . . . . . . . . . . . . . . . . . . . . . . .. see EOIR
26,27, 131
law students
Legal Orientation and Pro Bono Program .. see EOIR
see Immigration Judges
Liaison Judges
LIFE Act
Glossary
limited appearances . . . . . . . . . . .. see representation
limited proceedings
asylum-only . . . . . . . . . . . . . . . .. see asylum-only
claimed status . . . . . . . . . . . .. see claimed status
see credible fear
credible fear
detention
. . . . . . . . . . . . . .. 110, 124
generally
108-110
reasonable fear . . . . . . . . . .. see reasonable fear
see withholding-only
withholding-only
LPR .... _... _. . . . . . . . . . . . . . . . . . . . . . .. Glossary

M
mailings
courier services . . . . . . . . . .. see courier services
delays in delivery . . . . . . . . . . . . . . . . . . . . . . .. 36
mailbox rule not observed
31
postage problems
31
service by mailings
39
street address, mailed to . . . . . . . . . . . . . . . . .. 32
master calendar hearings
arrival at court
65
background and security investigations . see DHS
biometrics instructions . . . . . . . . . . . . . . . see DHS
see pre-hearing briefs
briefs
conferences . . . . . .. see pre-hearing conferences
deadlines . . . . . . . . . . . . . . . . . . . .. see deadlines
see entry of appearance
entry of appearance
see in absentia hearings
in absentia
see interpreters
interpreters
see evidence
objections to evidence
opening the hearing
", . . . . . .. 66
pleadings . . . . . . . . . . . . . . . . . . . .. see pleadings
purpose of hearing
64, 65
recording . . . . . . . . . . . . see recording of hearings
request for a prompt hearing . . . . . . . . . . . . . .. 64
statements . . . . . . . .. see pre-hearing statements

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Immigration Court
Practice Manual

Indexes

master calendar hearings (cont.)
see pre-hearings statements
stipulations
telephonic appearances
72
telephonic testimony .. . see removal proceedings
video hearings . . . . . . . . see removal proceedings
video testimony . . . . . .. see removal proceedings
see waivers of appearances
waivers
merits hearing
Glossary, see individual calendar
minors
courtroom modifications
84
courtroom orientation
84
detention
122
disruptions by
62
must attend hearings . . . . . . . . . . . . . . . . . . . .. 62
must be supervised . . . . . . . . . . . . . . . . . . . . .. 63
representation . . . . . . . . . . . . . . . . . . . . . . . . .. 84
unaccompanied
84
motions
accept untimely filings . . . . . . . . . . . . . . . . . . .. 38
address obligations . . . .. see address obligations
administrative closure' . . . . . . . .. 92, 99, Glossary
advance hearing date
96
amend filing . . . . . . . . . . . . . . . . . . . . . . . . . . .. 99
86,92,94
appeals, relationship to
applications for relief
87, 90, 97
see pre-hearing briefs
briefs
change of venue
97, 121
close hearing . . . . . . . . . . . . . . . . . . . . . . . . . .. 60
compound motions .' . . . . . . . . . . . . . . . . . . . .. 89
consolidation .. . . . . . . . . . . . . . . . . . . . . . . . .. 83
continuance . . . . . . . . . . . . . . . . . . . . . . . . . . .. 96
copy of order
87
coverpage
86,App. F
criminal convictions . . . . . . . . . . . . . . . . . .. 92, 94
34,87, 89, 90, 93, 95, App. D
deadlines
decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 99
departure, effect of
99
DHS motions . . . . . . . . . . . . . . . . . . . .. 51, 91, 93
disciplinary proceedings, in . . . . . .. see discipline
entry of appearance
85, 90, 93, 94
evidence
87
extension of deadline
36
50,51,52,87,88,90,93,94
fees
joint motions
39, 51, 91
motion packages
_
_ 43, 44
number limits . . . . . . . . . . . . . . . . .. 89, 91, 93, 96
opposing party's position . . . . . . . . . . . . . . . . .. 88
opposition to
89
oral argument
88
order of documents . . . . . . . . . . . . see documents
post-decision motions
85-87, 89
pre-decision motions. . . . . .. 85-87,89, Glossary
pre-hearing conference . . . . . . . . . . . . . . . . . .. 78
proposed order
86, App. Q
recalendar . . . . . . . . . . . . . . . . . . . . . .. 51, 92, 99
see motions to reconsider
reconsider
_
see motions to reopen in abs.
reopen in absentia

updates: www.usda}.gav/eair

motions (cont.)
reopen . . . . . . . . . . . . . . .. see motions to reopen
request an interpreter
73
34,91,93,96,100
responses
severance
:.................... 83
see signatures
signatures
stays
51, 120
subpoena. . . . . . . . . . .. . . . . . . . . . . . . . . . . .. 82
22,57
substitution of counsel
telephonic appearance
72,73
telephonic testimony
. . . . . . . . . . . .. 75
see records
transcriptions
video testimony . . . . . . . . . . . . . . . . . . . . . . . .. 74
visa petitions
. . . . . . . . . . .. 88, Glossary
waive appearance
71
where to file . . . . . . . . . . . . . . . . . . . . . . . .. 85, 86
withdrawal of counsel
23, 57
motions to reconsider
address obligations . . . .. see address obligations
appeal pending
94
appeals deadline, prior to
94
content
92
copy of order . . . . . . . . . . . . . . . . . . . . . . . . . .. 87
criminal convictions . . . . . . . . . . . . . . . . . . . . .. 94
deadlines . . . . . . . . . . . . . . . . . . . .. 34, 87, 89, 93
. . . . . . . . . . . . . . . . .. 93
DHS motions ... __ .
entry of appearance
15, 85, 93
fees
. . . . . . . . . . . . . . . 50-53, 93
identification of error . . . . . . . . . . . . . . . . . . . .. 94
__ . . . . . . . . . . . . . . . . .. 44
motion packages
no automatic stays
94
number limits . . . . . . . . . . . . . . . . . . . . . . .. 89, 93
order of documents . . . . . . . . . . . . see documents
pre-7/1/96 cases
93
pre-7/31/96 motions
93
34,93
responses
where to file . . . . . . . . . . . . . . . . . . . . . . . . . . .. 86
motions to reopen
address obligations . . . .. see address obligations
appeal pending
92
appeals deadline, prior to
92
52,90
applications for relief
battered spouses, children, and parents
91
changed circumstances
91
content
90
copy of order . . . . . . . . . . . . . . . . . . . . . . . . . .. 87
criminal convictions
_. . .. 92
deadlines
34, 87, 89-91
DHS motions . . . . . . . . . . . . . . . . . . . . . . . . . .. 91
entry of appearance
15, 85, 90
90,92
evidence
fees
50-52,90
see motions to reopen in absentia
in absentia
joint motions
91
motion packages
_. . . . . . . . . . . . . . . . .. 43
no automatic stays
92
number limits . . . . . . . . . . . . . . . . . . . . . . .. 89, 91

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Practice Manual

Indexes

motions to reopen (cont.)
order of documents . . . . . . . . . . . . see documents
pre-9/30/96 motions
91
responses
34, 91
where to file . . . . . . . . . . . . . . . . . . . . . . . . . . .. 86
motions to reopen in absentia orders
address obligations . . . .. see address obligations
automatic stay . . . . . . . . . . . . . . . . . . . . . . . . .. 96
content. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 94, 95
copy of order . . . . . . . . . . . . . . . . . . . . . . . . . .. 87
34,87,89,95
deadlines
deportation proceedings
94
entry of appearance
15, 85, 94
exclusion proceedings . . . . . . . . . . . . . . . . . . .. 94
fees . . . . . . . . . . . . . . . . . . . . . . . . . . .. 50, 51, 94
number limits . . . . . . . . . . . . . . . . . . . . . . .. 89, 96
34,96
responses
where to file . . . . . . . . . . . . . . . . . . . . . . . . . . .. 86
multiple representatives ... . . . . .. see representation

N
NACARA . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Glossary
newspaper articles
. . . . . . . . . . see documents
notarios . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 132
Notice of Appeal . . . . . . . . . . . . . . . . . . .. see appeals
Notice of Intent to Discipline (NID) . . . .. see discipline
Notice to Appear (NTA) .... see removal proceedings
Notice to Applicant Detained for Hearing
. . . . . . . . . . . . . . . . . . see exclusion proceedings

o
Office
Office
Office
Office

of
of
of
of

Immigration Litigation (OIL)
3
see FOIA
Information and Privacy
see EOIR
Legislative and Public Affairs
the Chief Administrative Hearing Officer
............................... see EOIR
see EOIR
Office of the Chief Immigration Judge
see EOIR
Office of the General Counsel
see removal proceedings
opening statements
oral pleadings
" see pleadings
order of documents. . . . . . . . . . . . . . . . see documents
see EOIR
organizational chart
Order to Show Cause . .. see deportation proceedings
overnight deliver services . . . . . .. see courier services

p
paper size and quality. . . . . . . . . . . . . . see documents
paralegals
" 28,42
party .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Glossary
Petition for Immediate Suspension. . . .. see discipline
petitioner
" Glossary
see documents
photocopies
photographs
. . . . . . . . . . . . . . . . see documents
pleadings
contents of . . . . . . . . . . . . . . . . . . . . . . . . .. 67, 68
master calendar, taken at
65, 67

updates: www. usda}.gav/eair

pleadings (cont.)
oral pleadings
68, App. M
written pleadings
68, App. L
post-decision motions. . . . . . . . . . . . . . .. see motions
see DHS
post-order instructions
postage problems . . . . . . . . . . . . . . . . . .. see mailings
Practice Manual
authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
14, 149
available online
see BIA
BIA Practice Manual
public input
149
purpose
1
reproduction of
149
revisions
1
updates
. . . . . . . . . . . . .. 149
see representation
practitioners
see motions
pre-decision motions
pre-hearing briefs
citations in
, 80,81, App. J
consolidated cases
81
contents
79-81
encournged . . . . . . . . . . . . . . . . . . . . . . . . . . .. 79
motion briefs
89
responses
81
see signatures
signatures
pre-hearing conferences
disciplinary proceedings, in
, see discipline
Immigration Judge, initiated by . . . . . . . . . . . .. 78
purpose
78
requests for . . . . . . . . . . . . . . . . . . . . . . . . . . .. 78
pre-hearing statements
contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 79
purpose
79
stipulations in . . . . . . . . . . . . . . . . . . . . . . . . . .. 79
12,61,63
press
primary attorney (notice attorney) .. see representation
pro se . . . . . . . . . . . . . . . . . . . . . .. see representation
see service
Proof of Service
proposed exhibits . . . . . . . . . . . . . . . . . see documents
proposed order . . . . . . . . . . . . . . . . . . . .. see motions

R
REAL ID Act . . . . . . . . . . . . . . . . . . . . . . . . .. Glossary
reasonable cause hearings .. see continued detention
reasonable fear proceedings
conduct of hearing . . . . . . . . . . . . . . . . . . . . .. 114
detention
110, 124
expedited removal . . . . . . . . . . . . . . . . .. 109, 113
generally
113, Glossary
location
113
no appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 114
reinstatement of prior order. . . . . . . . . .. 109, 113
representation
" 114
review by DHS
" 113
review by Immigration Judge
113, 114
timing
113

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Immigration Court
Practice Manual

Indexes

Record of Proceedings (ROP)
see records
recording of hearings
see bond proceedings
bond proceedings
copies for parties . . . . . . . . . . . . . . . . . . . . . . .. 11
digital audio recording . . . . . . . . . . . . . . . . . . .. 12
off-the-record discussions . . . . .. 61, 76, Glossary
restrictions on
63
rules for . . . . . . . . . . . . . . . . . . . . . . . . . . .. 61, 76
records
confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . .. 12
11,12
non-parties'accessto
parties' access to . . . . . . . . . . . . . . . . . . . . . . .. 11
Record of Proceedings (ROP) . .. 61, 75, Glossary
requests for ..... see Freedom of Information Act
transcriptions . . . . . . . . . . . . . . .. 61, 89, Glossary
regulations
150, Citation Index
reinstatement of prior order
. . . . . . . .. see reasonable fear, withholding-only
see filing
rejected filing
see detained aliens
release from detention
removal proceedings
absence of representative . . . . . . . . . . . . . . . .. 59
aliens, references to
56
see appeals
appeals
see Immigration Courts
arrival at court
see asylum
asylum clock
attendance required
59
background and security investigations . see DHS
see Immigration Courts
behavior in court
biometrics instructions . . . . . . . . . . . . . .. see DHS
see pre-hearing briefs
briefs
55,58,64,65,67, 68, 97
charging document
closed hearings . . . . . . . . . . . . . . . . . . . . . . . .. 60
closing statements. . . . . . . . . . . . . . . . . . . . . .. 76
communication between parties
62
conferences . . . . . .. see pre-hearing conferences
see consolidated cases
consolidated cases
67-69,97
country ofremoval
deadlines . . . . . . . . . . . . . . . . . . . .. see deadlines
definition
Glossary
see detention of aliens
detained aliens
DHS attorneys, references to
56
see electronic devices
electronic devices
employment authorization . . . . . . . . .. see asylum
see entry of appearance
entry of appearance
failure to prosecute
56
filing locations
see filing
hearing locations . . . . . . . . . . . . . . . . . . . .. 58, 59
see in absentia hearings
in absentia
see individual calendar
individual calendar
see interpreters
interpreters
master calendar. . . . . . . . . . . see master calendar
minors .. . . . . . . . . . . . . . . . . . . . . . .. see minors
Notice to Appear (NTA)
..... 55,56,58,64,65,67,68,97, Glossary
notification of hearing
65
see evidence
objections to evidence

updates: www.usdoj.gov/eoir

removal proceedings (cont.)
opening statements . . . . . . . . . . . . . . . . . . . . .. 76
parties, references to . . . . . . . . . . . . . . . . . . . .. 56
pleadings . . . . . . . . . . . . . . . . . . . .. see pleadings
post-order instructions . . . . . . . . . . . . . .. see DHS
see recording of hearings
recording
see records
Record of Proceedings (ROP)
representation . . . . . . . . . . . .. see representation
see severance of proceedings
severance
statements . . . . . . . .. see pre-hearing statements
see stays
stays of removal
see pre-hearings statements
stipulations
subpoenas . . . . . . . . . . . . . . . . . .. see subpoenas
telephonic appearances .... see master calendar
telephonic hearings . . . . . . . . . . . . . . . . . .. 58, 59
telephonic testimony
74
timeliness
59, 64
see records
transcriptions
video hearings . . . . . . . . . . . . . . . . . . . . . .. 58, 59
video testimony
74
see waivers of appearances
waivers
witnesses . . . . . . . . . . . . . . . . . . . . . see witnesses
representation
absence of representative . . . . . . . . . . . . . . . .. 59
appearances "on behalf of' . . . . . . . . . . . . . . .. 24
see Immigration Courts
attire
attorneys, references to . . . . . . . . . . . . . . . . . .. 57
see bond proceedings
bond proceedings
bribery . . . . . . . . . . . . . . . . . . . . . .. see discipline
changes of address . . . .. see address obligations
claimed status review .. see claimed status review
contempt of court. . .. . . . . . . . . . .. see discipline
continued detention . . . . . see continued detention
see credible fear
credible fear proceedings
disbarment. . . . . . . . . . . . . . . . . . .. see discipline
disciplinary proceedings, in . . . . . .. see discipline
see entry of appearance
entry of appearance
see discipline
false statement
family members . . . . . . . . . . . . . . . . . . . . .. 28, 42
foreign government officials
29
foreign student advisors
30
former DOJ employees . . . . . . . . . . . . . . . . . .. 30
free legal services . . . . . . . . . . . . . . . .. 17, 25, 65
see discipline
frivolous behavior
immigration specialists
28
see discipline
improper solicitation
ineffective assistance of counsel . .. see discipline
inmates
29
20,21,42
law firms
law graduates
27, 131
law students
26, 131
limited appearances
20
see discipline
misconduct
see discipline
misrepresentations
multiple representatives
20, 57
notice attorney . . . . .. see primary attorney, below
paralegals
28,42

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Immigration Court
Practice Manual

Indexes

representation (cont.)
practitioners
131, Glossary
20,57, Glossary
primary attorney
16,57,66,77, Glossary
pro se
reasonable fear proceedings. see reasonable fear
release of counsel . . . . . . . . . . . . . . . . . . . . . .. 24
representatives, references to . . . . . . . . . . . . .. 57
reputable individuals
28, 29, 131, Glossary
right to representation . . . . . . . . . .. 18,57,65,66
serious crime . . . . . . . . . . . . . . . . .. see discipline
see signatures
signatures
substitution of counsel. . . . . . . . . . . . . . . .. 22, 57
see master calendar
telephonic appearances
types of representatives
15
see discipline
unauthorized practice of law
withdrawal of counsel
23, 57
28,29, 131, Glossary
reputable individuals
see master calendar
request for a prompt hearing
rescission proceedings
appeal
108
hearing
107, 108
Notice of Intent to Rescind
108
respondent . . . . . . . . . . . . . . . . . . . . . . . . . .. Glossary

s

S visa applicants
see asylum-only proceedings
see discipline
sanctions
security grounds, removable under .. see asylum-only
see Immigration Courts
security screening
see discipline
serious crime
service
attorneys, by
40
21,40
attorneys, on
Certificate of Service
39,40
courier, by
. . . . . . . . . . . . . . . . . . . . . . . .. 39
definition
39, Glossary
hand-delivery, by
39
mail, by
39
16,41,67
Notice of Entry of Appearance
Proof of Service
39-44, Glossary, App. G
40,67
representatives, by
representatives, on
21,40
requirements . . . . . . . . . . . . . . . . . . . . . . . . . .. 39
see signatures
signatures
see subpoenas
SUbpoenas, service of
whom to serve
_. . . . . . . . . . .. 39
severance of proceedings
83
signatures
accredited representatives
26, 42
computer-generated ..................•. _ 41
family members . . . . . . . . . . . . . . . . . . . . . . . .. 42
forms
47
generally
41
law firms
42
motions
47
paralegals
_. . . . . .. 42

updates: www. usda}.gav/eair

signatures (cont.)
photocopies
47
47,80
pre-hearing briefs
Proofs of Service
40,42
signature stamps . . . . . . . . . . . . . . . . . . . . . . .. 41
simulated signatures .... _. . . . . . . . . . . . . . .. 41
third parties
. . . . . . . . . . . . . . . . . . .. 40, 42
see discipline
solicitation, improper
source materials . . . . . . . . . . . . . . . . . . see documents
see Department of State
State Department
stays
appeals, during
119
automatic stays . . . . . . . . . . . . . . . . . . .. 119, 120
certification, during
119
deportation proceedings
120
discretionary stays. . . . . . . . . . . . . . . . . . . . .. 120
exclusion proceedings . . . . . . . . . . . . . . . . . .. 120
generally
119, Glossary
motions to reconsider .. see motions to reconsider
see motions to reopen
motions to reopen
motions to reopen in absentia orders
.... see motions to reopen in absentia orders
requests for stays
120
stipulations
. . . . . . .. see pre-hearings statements
see credible fear, asylum-only
stowaways
subpoenas
contents
82, App. N
evidence, for . . . . . . . . . . . . . . . . . . . . . . . . . .. 82
requests for subpoenas . . . . . . . . . . . . . . . . . .. 82
service
83
witnesses, for
82, 83
see documents
supporting documents

T
table of contents . . . . . . . . . . . . . . . . . . see documents
tabs . . . . . . . . . . . . . . . . . . . . . . . . . . . . see documents
see master calendar
telephonic appearances
see removal proceedings
telephonic hearings
see EOIR, Immigration Courts
telephonic numbers
telephonic testimony. . . . . .. see removal proceedings
see records
transcriptions
translations . . . . . . . . . . . . . . . . . . . . . . see documents
Trial Attorney
Glossary

U
unauthorized practice of law. . . . . . . . ..
USCIS
_

see discipline
Glossary

V
venue, change of
video hearings
video testimony. . . . . . . . . ..
Virtual Law Library
Visa Bulletin
visa consultants
visa petitions

word index - 11

see motions

see removal proceedings
see removal proceedings
see EOIR
see Department of State
_. . . . . . . . .. 132
_. see motions

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Immigration Court
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visa waiver applicants ..
visa waiver overstays

Indexes

see asylum-only proceedings
see asylum-only proceedings

W
waivers of appearances
aliens . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 72, 73
representatives
71, 72
Withholding-only proceedings
appeals
118
conduct of proceeding . . . . . . . . . . . . . . . . . .. 118
detention
110, 124
expedited removal
117
generally
117, Glossary
reinstatement of prior order . . . . . . . . . . . . . .. 117
witness lists
see witnesses
witnesses
bond proceedings, in . . . .. see bond proceedings
cross-examination of . . . . . . . . . . . . . .. 65, 76, 77
disciplinary proceedings, in . . . . . .. see discipline
interpreters
see interpreters
oath, placed under
_
_. __ . . . .. 77
right to present
_. . . . . . . . . . . . . . . .. 76, 77
subpoenas
_. . . . . . see subpoenas
testimony, objections to
76, 77
witness list required . . . . . . . . . . . . . . . . . . . . .. 76
witness list requirements . . . . . . . . . . . . . .. 43, 50
written pleadings. . . . . . . . . . . . . . . . . .. see pleadings

updates: www.usdoj.gov/eoir

word index - 12

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Immigration Court
Practice Manual

Indexes

CITATION INDEX

A separate Word Index precedes this Index.

Statutes
Immigration and Nationality Act
(8 U.S.C. § 1101 et seq.)
208 . . . . . . . . . . . . . . . . . . . . . . . . . . .. 110
208(a)(2)(B)
34
208(d)(6)
70
212 . . . . . . . . . . . . . . . . . . . . . . . . . . .. 107
212(d)(5)
8
235(a)(2)
110
235(b)(1)
108-112, 114
235(b)(1)(B)
110,111
110,117
235(c)
237 . . . . . . . . . . . . . . . . . . . . . . . . . . .. 106
109,113,117
238(b)
239
105
239(b)(1)
65
55,105
240
240(b)(1)
77
240(b)(2)
58

240(b)(4)
66
240(b)(5)
66
95,96
240(b)(5)(C)
240(b)(5)(C)(ii)
51
240(b)(7)
70
240(c)(7)(C)(iv) . . . . . . . . . . . . . . . . . . .. 91
240(e)(1)
95
241 (former)
. . . . . . .. 106
241(a)(5)
109, 113, 117
241(a)(6)
127
241(b)(3)
110-114,116-118
241(b)(3)(B)
113
242(b) . . . . . . . . . . . . . . . . . . . . . . . . .. 107
242B(a)(1)
106
242B(c)(3)(B)
. . . . . . . .. 51
246(a) . . . . . . . . . . . . . . . . . . . . . . . . .. 107

Freedom of Information I Privacy Act
(5 U.S.C. § 552 et seq.)
552 . . . . . . . . . . . . . . . . . . . . . . . . . . .. 145
552(b) . . . . . . . . . . . . . . . . . . . . . . . . .. 146

Cases
Matter of
Gadda, 23 I&N Dec. 645 (BIA 2003)
131,
H-A-, 22 I&N Dec. 728 (BIA 1999)
Nafi, 19 I&N Dec. 430 (BIA 1987)
Patino, 23 I&N Dec. 74 (BIA 2001) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Rahman, 20 I&N Dec. 480 (BIA 1992) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Shih, 20 I&N Dec. 697 (BIA 1993)
Velarde, 23 I&N Dec. 253 (BIA 2002)

updates: www. usdoj.gov/eoir

citation index - 1

138
88
107
102
97
102
88

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Immigration Court
Practice Manual

Indexes

Regulations
8 C.F.R.
103.2

8

103.7

52,53

208.16

110

208.17

110

208.30(e)(2) .. . . . . . . . . . . . . . . . . . ..
208.30(e)(3) . . . . . . . . . . . . . . . . . . . ..
208.30(f) . . . . . . . . . . . . . . . . . . .. 111,
208.30(9)

110
110
116
111

208.31 (c)
113
208.31 (e)
113,117
208.31 (f) . . . . . . . . . . . . . . . . . . . . . . .. 113
235.3(e) . . . . . . . . . . . . . . . . . . . . . . .. 121
142

299.4(a)
1001.1(f)
1001.1 (9)
1001.1(j)

18,131,139
139
131,139

1003.0(a)

2

1003.1
1003.1 (b)
1003.1(b)(4)
1003.1 (b)(5)
1003.1 (c)
1003.1 (d)(1)
1003.1(d)(1)(i)
1003.1(d)(2)(iii)
1003.1(d)(5)
1003.1(h)

101
9
9
. . . . . . . . . . . . . . . . .. 9
102
. . . . . . . . .. 2
9
131
131
9

1003.2(f) . . . . . . . . . . . . . . . . . . . . . . .. 119
1003.3
1003.3(a)(1)
. . . . . . . . . . . . . . ..
1003.3(d)
1003.3(d)(2)(i)(G) . . . . . . . . . . . . . . . ..

101
102
102
102

1003.6
1003.6(c)

119
127

1003.7

51,102

1003.12

106

1003.13

31,55,56

updates: www.usdoj.gov/eoir

citation index - 2

1003.14
1003.15(d)
1003.15(d)(2)
1003.17(a)
1003.17(b)
1003.19
1003.19(c)
1003.19(d)
1003.19(e)
1003.19(9)
1003.19(h)(2)(i)
1003.19(i)
1003.20

55
70
17,21
16,19,39
22,23
121,123
125
127
125
18,121
123
127
97

1003.21 (a) ....................... 78
79
1003.21(b)
1003.22
1003.23
1003.23(a)
1003.23(b)(1)
1003.23(b)(1)(i)
1003.23(b)(1)(ii)
1003.23(b)(1)(v) .. . . . . .
1003.23(b)(3)
1003.23(b)(4)
1003 .23(b)( 4)(i)
1003.23(b)(4)(ii)
1003.23(b)(4)(iii) . . . . . . .
1003.23(b)(4)(iv) . . . . . . .

62
35
100
50,51,90-93,99
41
, 16, 19,39,89
. . . . . . . . . .. 119
87,90,91
. . . . . . . . .. 91
91
95, 96, 119
. . . . . . . . . . .. 95
. . . . . . . . . . .. 91

1003.24
1003.24(b)(2)

50 51
' 94

1003.25(a)
1003.25(c)

58, 72
58

1003.26
1003.26(c)

59,78
78

1003.27
1003.27(b)

60
60

1003.28 ......................... 63
1003.31 ......................... 31
1003.32(a)
1003.32(b)

39
46

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Practice Manual

Indexes

Regulations
8 C.F.R. (cant.)
1003.33
1003.35
1003.35(b)(3)
1003.35(b)(4)
1003.35(b)(5)

41
82
. . . . . . . .. 82
83
. . . . . . . . . . . . . . . .. 83

1003.38
1003.38(b)

34, 101
35

1003.39

102

1003.41

49

1003.42
111
1003.42(d)
110
1003.42(f) . . . . . . . . . . . . . . . . . . . . . .. 112
1003.42(h)
8
1003.46

60

1003.47
1003.47(d)

70
53,71

1003.61(a)

17

1003.101
1003.102
1003.102(h)
1003.102G)(1)
1003.102(k)
1003.103
1003.103(c)
1003.104
1003.104(a)(1)
1003.104(b)

26,27,131
131, 133
134
41
134
131
134
131
133,134
134

1003.105

131

1003.106

131

1003.107(a)
1003.107(b)

139
140

1003.108(c)

138

1103.7
1103.7(b)(1)
1103.7(b)(2)

50,52
53
52

updates: www.usdoj.gov/eoir

citation index - 3

1208.2(c)(1)(i)
116
1208.2(c)(1)(ii)
116
1208.2(c)(1)(iii)
116
1208.2(c)(1)(iv)
116
1208.2(c)(1 )(v)
117
1208.2(c)(1)(vi) . . . . . . . . . . . . . . . . . .. 117
1208.2(c)(2)
117
1208.2(c)(3)
117, 118
1208.2(c)(3)(i)
118
1208.4
1208.4(a)(2)

33
34

1208.5(b)(1)(ii) .. . . . . . . . . . . . . . . . .. 116
1208.6

60

1208.7

71

1208.11

45

1208.30(g)(2)(iv)(A)
1208.30(g)(2)(iv)(B)
1208.30(g)(2)(iv)(C)

112
112
112, 116

1208.31
1208.31(c)
1208.31(g)(1)
1208.31(g)(2)

113
113
114
114,117

1235.3(b)(5)

114

1235.8

117

1236.1

123

1236.3

122

1240.1
1240.1(a)

106
7

1240.9
1240.10
1240.10(b)

61
66,68
60

1240.11(c)(3)(i)

60

1240.15

66

1240.30

107

1240.31

7

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Immigration Court
Practice Manual

Indexes

Regulations
8 C.F.R. (cont.)

1240.40

106

1240.41

7

1241 .13

128

128,129
1241.14
1241 .14(f) . . . . . . . . . . . . . . . . . .. 127, 128
1246.1
1287.4(a)(2)(ii)
1292.1
1292.1 (a)
1292.1(a)(1)
1292.1(a)(2)
1292.1(a)(3)
1292.1(a)(4)
1292.1 (a)(5)
1292.1(b)
1292.1(c)
1292.2(a)
1292.2(b)
1292.2(d)
1292.3
1292.3(c)(4)
1292.5(a)

107
82
15,57
131
18
26,27
28
25
. . . .. 29
131
30
17,25
25
25
131
134
16,21,40

1299.1

142

28 C.F.R.
16.1
16.3(c)
16.9
68.26

146
146
147
8

updates: www. usda}.gav/eair

citation index - 4

this page last revised: April 1, 2008