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Immigration Court Practice Manual A 93Cover Page 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. Updates to the Practice Manual are available through the EOIR website at www.justice.gov/eoir. Introduction The Office of the Chief Immigration Judge Tracy Short, Chief Immigration Judge Mary Cheng, Principal Deputy Chief Immigration Judge (Acting) Sheila McNulty, Deputy Chief Immigration Judge (Acting) Rico J. Bartolomei Amy C. Hoogasian Anne Kristina Perry Brandon M. Bolling David M. Jones Rodin Rooyani Jefferson B. Brown Matthew W. Kaufman Jose A. Sanchez David Cheng Daniel P. Kinnicutt Theresa M. Scala Grady A. Crooks Charles P. Koutras Christopher R. Seppanen Daniel J. Daugherty Joy Lampley-Fortson Vance H. Spath Eric L. Dillow Scott D. Laurent Elisa M. Sukkar John R. Doolittle II Lisa Luis Khalilah M. Taylor Irene C. Feldman Daren K. Margolin Daniel H. Weiss Colleen M. Glaser-Allen H. Kevin Mart Ryan R. Wood William E. Hanrahan Karen E. Mayberry Renae M. Hansell James F. McCarthy III Jonathan W. Hitesman Jeffrey S. Miller Theresa Holmes-Simmons Alfredia Owens Assistant Chief Immigration Judges The Office of the Chief Immigration Judge expresses its gratitude to the many Immigration Judges, Court Administrators, and other individuals who provided comments and suggestions during the preparation of the Immigration Court Practice Manual. The Office of the Chief Immigration Judge also expresses its appreciation to former Chief Immigration Judge David L. Neal for his leadership in creating the Practice Manual. In addition, the Office of the Chief Immigration Judge recognizes the original members of the Practice Manual Committee for their dedication in creating this publication: Judge John F. Gossart, Jr. Scott M. Rosen, Chief Counsel, OCIJ Judge Stephen S. Griswold Gary M. Somerville, Court Administrator Jean C. King, Senior Legal Advisor, BIA Emmett D. Soper, Attorney Advisor, OC U.S. Department of Justice Executive Office for Immigration Review Office of the Chief Immigration Judge 5107 Leesburg Pike, Suite 2401 Falls Church, VA 22041 November 13, 2020 Immigration Court Practice Manual Since its inception in 2008, the Immigration Court Practice Manual has served as an invaluable resource for immigration practitioners, government counsel, and judges alike, setting forth the uniform procedures, requirements, and recommendations for practice before the immigration courts. Beginning in 2020, the Practice Manual has also served as a convenient reference containing all of the local operating procedures and standing orders that may apply to a specific court or immigration judge nationwide. The requirements and local orders contained in the Practice Manual are binding on all parties who appear before the immigration courts, unless the immigration judge directs otherwise in a particular case. Nothing in this manual limits the discretion of the immigration judge to act in accordance with law and regulation. The Practice Manual is regularly updated, and parties are encouraged to refer to the most current version when planning their practice. The most current version of the manual is available through the EOIR website at www.justice.gov/eoir. Comments and suggestions regarding the Practice Manual may be submitted in accordance with Chapter 13 of the manual. My hope is that this Practice Manual will be as much of a valuable resource to the reader as it has been for numerous attorneys, respondents, judges, law students, and members of the general public in understanding our Nation’s immigration courts and the procedures that ensure the fair and efficient adjudication of cases before them. The orderly and timely administration of justice is a critical component of EOIR’s mission, and I remain grateful each and every day for the judges, practitioners, and others who make it possible. Sincerely, Tracy Short Chief Immigration Judge This page has been intentionally left blank. Immigration Court Practice Manual Table of Contents TABLE OF CONTENTS (Summary List) 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 Table of Changes updates: www.justice.gov/eoir Version released on December 31, 2020 i Immigration Court Practice Manual Table of Contents TABLE OF CONTENTS (Detailed List) Chapter 1 The Immigration Court ............................................................................... 1 1.1 Scope of the Practice Manual ............................................................................ 1 1.2 Function of the Office of the Chief Immigration Judge ....................................... 1 1.3 Composition of the Office of the Chief Immigration Judge ................................. 3 1.4 Other EOIR Components ................................................................................... 5 1.5 Jurisdiction and Authority ................................................................................... 7 1.6 Public Access .................................................................................................. 10 1.7 Inquiries ........................................................................................................... 12 Chapter 2 Appearances before the Immigration Court ........................................... 17 2.1 Representation Generally ................................................................................ 17 2.2 Unrepresented Aliens (“Pro se” Appearances) ................................................ 19 2.3 Attorneys......................................................................................................... 20 2.4 Accredited Representatives and Recognized Organizations ........................... 26 2.5 Law Students and Law Graduates ................................................................... 28 2.6 Paralegals ........................................................................................................ 30 2.7 Immigration Specialists .................................................................................... 30 2.8 Family Members .............................................................................................. 30 2.9 Others .............................................................................................................. 31 Chapter 3 Filing with the Immigration Court ............................................................ 21 3.1 Delivery and Receipt ........................................................................................ 21 3.2 Service on the Opposing Party ........................................................................ 41 3.3 Documents ....................................................................................................... 43 3.4 Filing Fees ....................................................................................................... 53 Chapter 4 Hearings before the Immigration Judges ............................................... 57 4.1 Types of Proceedings ...................................................................................... 57 4.2 Commencement of Removal Proceedings ....................................................... 57 4.3 References to Parties and the Immigration Judge ........................................... 58 4.4 Representation ................................................................................................ 59 4.5 Hearing and Filing Location ............................................................................. 60 4.6 Form of the Proceedings .................................................................................. 60 4.7 Hearings by Video or Telephone Conference .................................................. 60 4.8 Attendance ....................................................................................................... 61 4.9 Public Access .................................................................................................. 62 4.10 Record ............................................................................................................. 63 4.11 Interpreters ...................................................................................................... 64 4.12 Courtroom Decorum ........................................................................................ 64 4.13 Electronic Devices ........................................................................................... 65 4.14 Access to Court ............................................................................................... 66 updates: www.justice.gov/eoir Version released on December 31, 2020 ii Immigration Court Practice Manual Table of Contents 4.15 Master Calendar Hearing ................................................................................
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