Executive Office for Immigration Review (EOIR)

Last Updated

July 27, 2020

Topics

  • Primary Source: Full information about EOIR’s response to COVID-19 can be found on its dedicated webpage.
  • Non-Detained Cases: Certain immigration courts have resumed non-detained hearings. Any non-detained cases without an announced date are postponed through, and including, Jan. 22, 2021. Check the immigration court operational status map or the automated case information portal for additional information.
  • Recognition and Accreditation: Organizations filing R&A applications may file them electronically by email to R-A-Info@usdoj.gov. DOJ will accept digital and electronic signatures on all applications regardless of method of submission, as well as electronically reproduced digital, electronic, or wet signatures. The announcement defines digital and electronic signatures and lists requirements; please review the requirements to ensure compliance. Applicants must keep original copies of all documents submitted by email and be prepared to produce them for EOIR upon request.
  • Signatures: EOIR policy memo notes that it will accept digital and electronic signatures on all documents filed with immigration court and the Board of Immigration Appeals, or BIA. EOIR will also accept electronically- reproduced copies of documents containing digital, electronic or “wet” signatures.
  • Filing by Email: On April 7, 2020, EOIR, issued guidelines on email submission of briefs, motions, and other court documents for immigration courts and for the BIA. A memorandum issued June 11, 2020, indicates that courts will stop accepting electronic filing and deactivate the email addresses 60 days after that court has resumed hearing non-detained cases. The guidelines issued by EOIR contain an up-to-date list of all the immigration courts and dates those individual courts will stop accepting electronic filings.
  • Telephonic Appearances: Various immigration courts have issued Standing Orders addressing telephonic appearances and motions for continuances. Check Appendix R-1 of the EOIR Immigration Court Practice Manual to review local court Standing Orders.
  • Migrant Protection Protocols (MPP): EOIR and DHS have extended the temporary postponement of Migrant Protection Protocols, or MPP, hearings. The agencies have determined that they will begin to resume MPP hearings by evaluating the following criteria:
    • When California, Arizona, and Texas progress to Stage 3 of their reopening plans.
    • When DOS and CDC lower their global health advisories to Level 2, and/or a comparable change in health advisories, regarding Mexico in particular.
    • When the government of Mexico’s “stoplight” system categorizes all Mexican border states (i.e., Tamaulipas, Nuevo Leon, Coahuila, Chihuahua, Sonora, and Baja California) as “yellow.”
  • Practitioners can check case status by calling the Automated Case Information Hotline at 1-800-898-7180 or visiting the EOIR Automated Case Information portal.

CLINIC Affiliates: If you are a CLINIC Affiliate and need assistance resolving issues in a case, please contact our Training and Legal Support team by submitting a question to Ask the Experts at cliniclegal.org/find-legal-help/ask-experts. If you have exhausted your case resolution options for a pending case you can also contact our Advocacy team at advocacy@cliniclegal.org. You can also contact advocacy if you are encountering issues in your practice that are not addressed by measures taken by federal agencies.