Executive Office for Immigration Review (EOIR)

Last Updated

May 29, 2020

Topics

  • Primary Source: Full information about EOIR’s response to COVID-19 can be found on its dedicated webpage.
  • Non-Detained Cases: All non-detained cases scheduled between March 18 and May 1, 2020, are postponed. On March 18, 2020, EOIR issued a four-page memorandum that defers all non-detained cases scheduled between March 18 and April 10; encourages the resolution of cases through written pleadings, stipulations and joint motions; and reminds immigration judges of their authority to waive the appearance of represented respondents. On March 30, EOIR extended non-detained case deferrals from April 20 to May 1.
  • Recognition and Accreditation: The Department of Justice has announced temporary flexibility for Recognition and Accreditation applications due to the COVID-19 pandemic. Deadlines for the following filings that fall between March 1, 2020, and May 15, 2020, have been automatically extended to 90 calendar days from the original due date:
    • Renewal of Recognition
    • Renewal of Accreditation
    • Request for Reconsideration of an Initial Application
    • Response to a Notice of Intent to Disapprove
    • Response to a Notice of Intent to Terminate
    • Request for an Extension of Time to Submit Recommendation (this extension of time applies to USCIS’s recommendation deadline)
    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: An April 3, 2020, EOIR policy memo notes that as of March 31, 2020, EOIR has begun accepting 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.
  • Brief Submission: On April 7, 2020, the BIA, issued guidelines on email submission of briefs, Motions to Accept Late Filed Brief, Motions for Summary Affirmance and Form EOIR-27.
  • 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 scheduled through, and including, June 19, 2020, will be rescheduled. Starting May 10, 2020, in-person document service will be suspended until June 8. All individuals with MPP hearing dates scheduled before June 22 should plan to present themselves at the port of entry one month later than the date on their tear sheet (e.x. A hearing date of May 10 should appear on June 10. A June 22 hearing date should appear as scheduled.)

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.