E-28 should be on the top of any filing. 2.3(c)
Primary attorney or notice attorney will receive notices, but all attorneys may make appearances who have an E-28 filed and all attorneys will have the same obligations regardless of whether they are the notice attorney or not. Any attorney with an E-28 on file may file documents. 2.3(e)
Attorneys who change their address or phone number must notify the court on each case in writing. The EOIR change of address form EOIR-33IC should not be used for an attorney change in address or phone number, however a new E-28 is required for each case. 2.3(h)
If a motion to substitute counsel has been filed, no motion to withdraw needs to be filed. Also, since anyone who has an E-28 on file can represent the respondent in the proceeding, we will no longer have to worry about the IJ permitting the substitution before proceeding (See 2.3(e)). 2.3(i)
Appearances “on behalf of” another attorney may be requested. It allows another attorney, of the same firm or not, to appear on behalf of another attorney who has a conflict with the scheduled hearing. The IJ must approve the request. At that hearing counsel appearance on behalf of another attorney may submit documents, but not at any other time, and the primary counsel is not substituted – does not need to file a new E-28. 2.3(j)
The Court does not observe the “mailbox rule.” Documents are not received until they are in the hands of the clerk’s office. 3.1(a) However, documents are served on opposing counsel when they are deposited with the delivery agent. 3.2(c).
Must use separate envelopes for separate matters being filed with the court. 3.1(a)
For non-detained respondents, documents and motions must be filed at least 15 calendar days prior to the master hearing if the attorney would like a response to the motion or documents at or before the master hearing. Reply must be received 10 days after filing with the court or the motion will be considered unopposed. 3.1(b)
For non-detained respondents, documents and motions must be filed at least 30 calendar days prior to the individual hearing. Responses must be filed within 15 calendar days. 3.1(b).
Filing deadlines for detained respondents for all hearings will be set by the IJ depending on the specific situation. My recommendation is to follow the 15 calendar days rule. 3.1(b)
Responses to motions to reopen must be filed within 15 days. 3.1(b).
“Day” means calendar rather than business day. 3.1(c).
Improper or deficient filings may be returned. Deadlines still apply, so correction of the deficiency and return to the court must be done within the filing deadlines. Otherwise a motion to accept late filing must be included. 3.1(d)
If you file by mail and would like a copy with the court’s date and time stamp, you must provide the court with a copy marked “Conformed Copy – Return to Sender.” 3.1(f)
Proof of service is more comprehensive that previously required. Must include the name or title of the person being served, their detailed address, the date of service, means of service, an explanation of the documents being served – not just “the attached” or “the foregoing.” Proof of service may be signed by an agent authorized by the attorney of record, but the filing itself cannot be. 3.2(e)
Specific documents and orders are suggested for different types of filings. For example, an application for relief should be in the following order: E-28 if required, cover page, fee receipt, application, proposed exhibits with table of contents, and proof of service. 3.3(c)
Table of contents and document submissions should be paginated. Subsequent filings should resume pagination. 3.3(c)
Tabs should be letters rather than numbers. 3.3(c)
Each filing should have a cover page, which includes the name and address of the filing party, title of the filing, name and A# of the respondent, type of proceeding, and date and time of the hearing. 3.3(c)
Times Roman 12 point font is preferred, as is double-spacing with single spacing footnotes. 3.3(c)
The party with the burden of proof must submit a criminal history chart if the Respondent has any criminal issues. The chart must include the arrest date, court docket number, charge, disposition, and a discussion of the immigration consequences, if any for each offense. The chart should be paginated to correspond to the criminal record attached to the chart. 3.3(f)
Proposed witnesses lists should include a summary of the testimony and the estimated length of time the direct examination will last. 3.3(g)
Prehearing briefs and subpoena instructions are included. 4.19(c), 4.20
All motions must be accompanied by a proposed order. 5.2
Information about bonds, juveniles, FOIA, etc. is also very good.
The appendices are very good – outlined as follows.
A is court addresses
B is EOIR directory
C is Organizational Chart
D is Deadline chart – very helpful
E is for Forms
F is a sample cover page – we all need to be using this
G is Sample Proof of Service – we all should be using this
H is Certificate of Translation – we all should be using this
I is helpful numbers with EOIR
J is a citation format guide – we all should be using this
K is a flowchart describing where to file
L is a sample written pleading
M is a sample oral pleading
N is a sample subpoena
O is a sample criminal history chart
P is a sample table of contents
Q is a sample proposed order
There is also a glossary and an index
If you have any questions, please visit our website at www.gldlaw.com or call us at 1-800-860-4234