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Immigration Court Practice

Welcome to Immigration Court Practice! The resources on this page will provide you with critical information to guide you through procedural and practical elements of representing immigrant clients in court. As a volunteer attorney with IJC, the items below will be essential to your case.



Skip ahead to any subheading:


General Overview of Immigration Court Proceedings
Agencies and Individuals Involved in Immigration Court Proceedings
Decoding Immigration Acronyms
Steps Required for Practice Before the Immigration Courts and Board of Immigration Appeals
Obtaining Case Records
Forms and Filing Fees
DOJ Immigration Court and BIA Practice Manuals and Appendices
EOIR Memo on Pro Bono Legal Services
Master Calendar Hearings
Procedural Motions in Immigration Court
Individual Hearings




The first step you will take in representing your client will be to execute an engagement letter with them that lays out the scope of your representation. Below, we provide sample legal representation agreements which you can adapt for your case based on scope of work and relevant case circumstances.



Sample Legal Representation Agreement (1) English



Sample Legal Representation Agreement (1) Spanish :

This is a Spanish translation of the sample pro bono engagement agreement provided above.



Sample Legal Representation Agreement (2) English :

Another example of a pro bono legal representation agreement with additional client-centered language.



General 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 client in immigration court.


Agencies and Individuals Involved in Immigration Court Proceedings


Immigration Judge:

The Immigration Courts within the Executive Office of Immigration Review (EOIR) are housed within the U.S. Department of Justice (DOJ), which is tied to the Executive Branch. The Immigration Judge is an employee of the DOJ. You can find staff and court contact information for each of the Immigration Courts on the EOIR Court listing page.



Trial Attorney for Department of Homeland Security (DHS): The U.S. government’s interests in immigration court proceedings, are represented by a trial attorney from the Department of Homeland Security (DHS), specifically within the Office of the Principal Legal Advisor (OPLA) of Immigration and Customs Enforcement (ICE). Your opposing counsel or pro se individual’s opposition in court is an employee of DHS. DHS is also under the purview of the Executive Branch of the U.S. government. You can find contact information for each of the OPLA offices on the ICE Field Offices webpage.



Trial Attorney for Department of Homeland Security (DHS): The U.S. government’s interests in immigration court proceedings, are represented by a trial attorney from the Department of Homeland Security (DHS), specifically within the Office of the Principal Legal Advisor (OPLA) of Immigration and Customs Enforcement (ICE). Your opposing counsel or pro se individual’s opposition in court is an employee of DHS. DHS is also under the purview of the Executive Branch of the U.S. government. You can find contact information for each of the OPLA offices on the ICE Field Offices webpage.



Trial Attorney for Department of Homeland Security (DHS):

The U.S. government’s interests in immigration court proceedings, are represented by a trial attorney from the Department of Homeland Security (DHS), specifically within the Office of the Principal Legal Advisor (OPLA) of Immigration and Customs Enforcement (ICE). Your opposing counsel or pro se individual’s opposition in court is an employee of DHS. DHS is also under the purview of the Executive Branch of the U.S. government. You can find contact information for each of the OPLA offices on the ICE Field Offices webpage.



Respondent: Your client and/or the individual non-citizen who is placed into immigration court proceedings.



Decoding Immigration Acronyms

A non-exhaustive list of common acronyms used in affirmative and defensive immigration proceedings, or in the course of an immigration case generally.

Steps Required for Practice Before the Immigration Courts and Board of Immigration Appeals



Step 1: Register as an Attorney or Fully Accredited Representative in EOIR’s eRegistry System



E-registry is a required

first step for all cases before the Immigration Court or Board of Immigration Appeals (BIA). To practice before these courts, attorneys and fully accredited representatives must register through the Executive Office for Immigration Review’s (EOIR) eRegistry portal.



*Important Note: When completing the eRegistration online, IJC volunteer attorneys should do so in their personal capacity so long as they have an active bar license in any U.S. state, and should provide their personal contact information without affiliation to any particular law firm or organization (including IJC or the American Immigration Council). An affiliation to a law firm or organization is not required to register with EOIR.



After submitting the required information online, attorneys and representatives must complete the in-person

identity validation process within 90 days.



Instructions to Register as an Attorney or Fully Accredited Representative in eRegistry.



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 and the 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 and obtaining your EOIR ID Number, 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.



Useful Links Related to ECAS:



ECAS Case Portal Homepage



ECAS Automated Case Information:

 Use this link to search for case information by inputting a respondent’s A-number, on matters where you do not have an appearance on file. 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 or the BIA



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. Attorneys must enter an appearance with the BIA using form EOIR-27



Appearances with Immigration Courts



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, and moving to substitute or withdraw from the proceeding.



Appearances with Immigration Courts



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.



Appearances with BIA



Form EOIR-27 - Notice of Appearance as Attorney or Representative Before the BIA:

Use this form to enter an appearance as attorney for full representation before the BIA, which carries with it, the obligations of representing the respondent before the BIA in notices of appeal, written briefing and compliance with briefing schedule, and in extremely rare cases, oral argument before the BIA on behalf of the respondent.



Form EOIR-60 - Limited Representation for Document Preparation before the BIA:

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 BIA. Submitting an appearance with EOIR-60 imposes no obligation on the attorney beyond document assistance. Continue to use Form EOIR-27 to enter an appearance for full representation before the BIA.



Practice Advisory: Limited Representation before the BIA and Immigration Courts



This practice advisory explains the rule allowing for limited representation before the BIA and immigration courts. Practitioners can 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 of frequently used forms to be filed with immigration courts and BIA. 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. There is currently no fee to file an application for asylum, withholding of removal or protection under the Convention Against Torture; therefore, no fee waiver would be required for such applications.



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, Motions, and Required Fees:

 An Appeal or Motion Fee Waiver Request (EOIR-26A) can be completed for qualifying individuals to request a waiver of the associated fees for the appeals or motions on this list.



DOJ Immigration Court and BIA Practice Manuals and Appendices


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. Most questions regarding logistics and procedural elements of representation before the Immigration Court can be found in this manual. It is a must-have for immigration court practitioners.



BIA Practice Manual:

DOJ’s Practice Manual for substantive and procedural requirements of practicing before the BIA. The requirements set forth in this manual are binding on the parties who appear before the BIA, unless the court directs otherwise in a particular case. A must-have for attorneys practicing before the BIA.



EOIR Memo on Pro Bono Legal Services


This memo

 encourages pro bono legal representation throughout the immigration legal process and encourages immigration judges to be flexible when pro bono representatives seek to appear telephonically or via videoconferencing.



Master Calendar Hearings


The first several immigration court appearances in most immigration court cases are generally one or more “master calendar” hearings (MCH). These are short, preliminary hearings akin to status hearings. The materials below will walk you through what Master Calendars are, how they work, and how to prepare for them.



First, please review the Master Calendar Hearing section of IJC’s Overview of Immigration Court Proceedings at the beginning of this page.



Annotated Notice to Appear:

The Notice to Appear (NTA) is the charging document in immigration court proceedings. Pleading to the factual allegations and legal charges in the NTA happens at a Master Calendar hearing, before an individual hearing is scheduled. This annotated NTA explains the significance of the most important elements of the NTA.



Immigration Court Practice Manual (ICPM) – Master Calendar Hearing:

The

Master Calendar Hearing section of the Immigration Court Manual

outlines EOIR’s official rules and guidance related to the proceeding.



ICPM Sample Oral Pleadings to NTA:

Sample script for oral pleadings

to an NTA to assist in your preparation for the Master Calendar Hearing.



ICPM Sample Written Pleadings to NTA:

ICPM Sample Written Pleadings to NTA: In lieu of submitting pleadings orally at a Master Calendar Hearing, there are instances, either by order of the Judge or otherwise, where pleadings to the NTA can be submitted in writing instead. The

ICPM’s sample written pleadings

are helpful to follow in such instances.



Immigration Equality’s Immigration Court Proceedings Manual section on Master Calendar Hearings:

This

manual

provides a clear step-by-step description of what to expect at the Master Calendar Hearing. Although this manual is written in the asylum context, the information provided is relevant to many types of cases in immigration court.



Mock Master Calendar Hearing from EOIR Model Hearing Program:

The EOIR Model Hearing Program is an educational program designed to provide attorneys with information about practices and procedures related to advocacy in immigration court. Through the

Immigration Court Online Resource,

you can view a

model Master Calendar Hearing

under the videos in the section titled “Asylum, Withholding of Removal, and Protection Under the U.N. Convention Against Torture.”



Procedural Motions in Immigration Court



At various points in the representation of your client, you may need to file a procedural motion with the immigration court. This might be a Motion for a Continuance if you need to request a later hearing date; a Motion to Change Venue if your client has moved to another jurisdiction; a Motion for Telephonic or Webex Appearance or Testimony; or a Motion to Accept Late-Filed Evidence, among others.



Below, you will find sample motions that you can use and adapt. As always, make sure to consult the Immigration Court Practice Manual for detailed instructions on formatting and procedural requirements for submission of motions.



Please note that motions filed via eCAS do not require a proposed order or certificate of service in the document. Please consult with your mentor for more information.



Sample Motion to Substitute Counsel



A sample motion to substitute counsel for a pro bono attorney taking over a case from a prior attorney.



Sample Motion to Convert Individual Hearing to Master Calendar



A motion requesting that an individual hearing be converted to a master calendar hearing, to give the asylum seeker and attorney more time to prepare the case.



Sample Motion to Set Individual Hearing and Cancel Master Calendar Hearing



A sample motion requesting that a Master Calendar Hearing be cancelled and an Individual Merits Hearing be scheduled, or that a Master Calendar Hearing be Converted to an Individual Hearing.



Sample Motion to Advance Individual Hearing



A motion requesting that an individual merits hearing be advanced to an earlier date when client and counsel are ready to proceed on the merits.



Sample Motion to Extend Filing Deadline



A sample motion to request that the filing deadline for supporting documents be extended.



Sample Motion for Untimely Filing



A sample motion to request that the court accept an untimely filing of evidence.



Sample Motion for Continuance (American Friends Service Committee)



A sample motion for a continuance at the Elizabeth, NJ detention center.



Sample Motion for Change of Venue



A sample motion to change venue. If your client is released from detention while her or his case is pending, or your released client has moved into another court’s jurisdiction, he or she will need to file a motion to change venue to the immigration court with jurisdiction over her or his new residence.



Sample Motion to Withdraw as Counsel



A sample motion to withdraw as counsel for a client who was released from detention while his removal case was pending.

Individual Hearings



The individual hearing, often referred to as the merits hearing, is the trial; a bench trial at which the parties present evidence, testimony, and legal arguments. Throughout the hearing, the respondents’ story is told through direct examination, cross examination, questions elicited by the judge, witness testimony, and additional evidence presented. Based on responses to the questioning and evidence presented, the judge will determine if the requested relief should be granted.



In the weeks leading up to your client’s individual hearing, you will prepare your client and any witnesses to testify. The materials below will help you prepare for the hearing.



Mock Individual Hearing from EOIR Model Hearing Program:

The EOIR Model Hearing Program is an educational program designed to provide attorneys with information about practices and procedures related to advocacy in immigration court. Through the

Immigration Court Online Resource,

you can view a

model Individual Hearing

under the videos in the section titled “Asylum, Withholding of Removal, and Protection Under the U.N. Convention Against Torture.” Although this model hearing is for an asylum case, it will provide an idea of what to expect from individual hearings in immigration court generally.



Mock Asylum Individual Hearing (Prof. Michele Pistone, Villanova University):

This video contains a mock asylum hearing for an asylum seeker from Guinea. It includes a direct and cross examination of the asylum seeker, as well as direct and cross examination of two experts and closing arguments. Although this video is dated and should not be relied upon for substantive legal precedent, the format of the hearing and closing arguments are particularly robust, which you may find helpful to review.



IJC’s Tips on Preparing for an Individual Hearing:

This

practice guide ,

provides check lists so that you know what information and documents to review with your client prior to the hearing; what to bring with you; and the types of objections you should be prepared to make at your Individual Hearing.



Sample Witness List:

Prior to the client’s individual hearing, you will need to submit a witness list, even if the Respondent is the only witness who will be testifying at the Individual Hearing. For the timing of when the witness list must be received by the Immigration Court, please follow the immigration judge’s scheduling order in your client’s case, or if not specified in such an order, defer to the

ICPM.



Direct Examination Practice Advisory (Catholic Legal Immigration Network, Inc.):

Direct examination provides the asylum seeker the opportunity to tell their story to the IJ and is critical to the success of the case. This advisory will discuss the basics of direct examination and will give tips and strategies to volunteers.



Successful Direct Examinations in Asylum Cases:

A panel of experienced asylum litigators explain how to prepare yourself and your client for direct examination in Immigration Court.



Sample Direct Examination Questions:

This chart contains sample questions and goals for a direct examination in Immigration Court based on a fictional client.



Practice Advisory on Rules of Evidence in Immigration Court (Catholic Legal Immigration Network, Inc.):

Even though immigration court proceedings are conducted under federal law, the Federal Rules of Evidence do not strictly apply. As there is also no specific code of evidentiary rules that governs immigration court proceedings, this guide lays out the evidentiary standards that do apply and tips on how to make and respond to objections in order to protect clients’ due process rights. The appendix at the end includes a short list of Common Objections in immigration court, which is also helpful to have on hand during your client’s individual hearing.



Closing Arguments in Immigration Court:

In Immigration Court, closing arguments need to be persuasive, compelling, and concise. This

practice guide

provides tips on delivering a successful closing argument.



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