Overview of Immigration Court Proceedings
This document provides a general overview of information that is important for attorneys to become familiar with before representing a respondent in immigration court.
Step 1: Register as an Attorney or Fully Accredited Representative in eRegistry
E-registry is an important first step for all cases. To practice before the immigration court or BIA, attorneys and fully accredited representatives must register through the Executive Office for Immigration Review’s (EOIR) eRegistry portal. After submitting the required information online, attorneys and representatives must complete the identity validation process within 90 days.
Step 2: Register with EOIR’s Courts and Appeals System (ECAS)
ECAS is part of an overarching information technology modernization effort at EOIR. ECAS was introduced to phase out paper filing and processing, and to retain all records and case-related documents in electronic format. Now fully implemented at all immigration courts BIA, ECAS supports the full life cycle of an immigration case including: electronic filing of court and appeals documents, processing and receiving filings, maintaining electronic Records of Proceedings (ROPs), preparing case information, conducting a hearing, and adjudicating appeals, while providing cost and time savings for all parties.
- ECAS Case Portal Account Registration
After completing e-Registry, an important next step is gaining access to the ECAS Case Portal. In ECAS Case Portal, attorneys and accredited representatives can enter an appearance using Forms EOIR-27 or EOIR-28 to represent a respondent and view case details. For cases that have electronic Records of Proceedings (eROPs), attorneys and accredited representatives can file court and appeal documents, pay BIA filing fees, and download eROPs. The Automated Case Information System provides current information about a case including decision information, next scheduled hearings, and court or BIA contact information.
- ECAS Case Portal Homepage
- ECAS Automated Case Information
Use this link to search for case information by inputting a respondent’s A-number. Search results will show details about any scheduled hearings and information about the immigration court where the case is venued.
- ECAS User Manual
- FAQ’s About ECAS
Step 3: Enter Appearance as Attorney with the Immigration Courts
Attorneys must enter an appearance with the immigration court using Form EOIR-28 for full representation or EOIR-61 for limited representation for the purpose of document preparation.
- Form EOIR-28: Notice of Appearance as Attorney or Representative Before the Immigration Court
Use this form to enter an appearance as attorney for full representation before the immigration courts. Submitting an appearance using this form carries the obligations of appearing on behalf of the respondent, representing the respondent before the immigration court or the BIA, and moving to substitute or withdraw from the proceeding.
- Form EOIR-61: Limited Representation for Document Preparation before the Immigration Courts
Use this form to enter appearance as attorney for the limited purpose of assisting a pro se individual with preparation of documents to be submitted to the immigration court. Submitting an appearance with EOIR-61 imposes no obligation on the attorney beyond document assistance. Continue to use Form EOIR-28 to enter an appearance for full representation.
- Practice Advisory on Limited Representation before the BIA and Immigration Courts
This practice advisory explains the newly implemented rule allowing for limited representation before the BIA and immigration courts. Practitioners can now enter an appearance using Form EOIR-61 to assist pro se individuals with preparing documents to be submitted to the immigration court including change of address, motion for change of venue, filing of asylum application, etc.
Obtaining Case Records
This brief overview outlines instructions for obtaining client records from the immigration court for both cases in which the attorney has entered a full appearance and cases in which the attorney will be entering a limited appearance.
Forms and Filing Fees
- EOIR Forms List Page
This list includes descriptions and links to PDFS’s of frequently used forms to be filed with the BIA and immigration courts. The list also notes any filing fees associated with the form and whether the form can be submitted using the online ECAS case portal.
- EOIR-26A: Fee Waiver Request
Use this form to request a fee waiver for qualifying individuals for applicable filings.
- EOIR Payment Portal
Several filings to be submitted with the immigration court require a filing fee. Absent a granted EOIR-26A Fee Waiver Request (for appeals or motions), the fee must be submitted when submitting the filing. Filing fees for both the BIA and immigration courts are submitted using the EOIR Payment Portal.
- Types of Appeals and Required Fees
An Appeal Fee Waiver Request (EOIR-26A) can be completed for qualifying individuals to request a waiver of the associated fees for the appeals on this list.
EOIR Immigration Court Practice Manual
EOIR provides this Practice Manual for the information of 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.
EOIR Memo on Encouraging and Facilitating Pro Bono Services
This memo reiterates the important of pro bono legal services throughout the immigration legal process and encourages courts to accommodate pro bono representation as much as practicable.