ABIL - Home 404.949.8150 ABIL Contact Us
Alliance of Business Immigration Lawyers About Services Industries We Serve ABIL Lawyers Global Immigration News and Articles Resources
ABIL
EOIR Issues Guidance on Immigration Court Filings During Government Shutdown

The Department of Justice's Executive Office for Immigration Review (EOIR) issued guidance on October 9, 2013, about how to handle immigration court filings during the U.S. government shutdown.

There are several types of deadlines for filings before an immigration court, EOIR noted. Some exist in statutes and regulations, and others are contained in Section 3.1 of the Immigration Court Practice Manual (ICPM). An immigration judge may set specific deadlines in a given case, whether or not the respondent is detained.

EOIR explained that during the lapse in government funding, the operating status of each immigration court is categorized in one of three ways: "Open," "Open to hear detained cases only," and "Closed." As a general matter, immigration courts that have a docket consisting primarily of detained cases are designated as "Open" and are accepting filings at the window and by mail. Deadlines relating to cases before courts designated as "Open" are effective even during the lapse in funding as the adjudication of these cases moves forward, EOIR explained.

A second group of courts, which hear both detained and non-detained cases, are referred to as "Open to hear detained cases only." Deadlines relating to detained cases before these courts are effective during the lapse in funding, and filings related to such cases are being accepted at the window and by mail. Filings relating to non-detained cases at these courts also will be accepted at the filing window or by mail and date-stamped, but will not be processed further during the lapse in funding. In addition, motions for extension of filings deadlines pursuant to section 3.1(c)(iv) of the ICPM will be accepted for non-detained cases, but decisions on such motions might not occur until the government receives funding for fiscal year 2014.

For non-detained cases pending before court locations designated as "Closed," filings currently are not being accepted at the window and no court staff is processing mail, EOIR said. Decisions on how non-detained cases will be rescheduled and how filings related to those cases will be considered will be made once the government reopens. If motions for extension of filings deadlines pursuant to section 3.1(c)(iv) of the ICPM are submitted by mail, decisions on such motions will not occur until the government receives funding for fiscal year 2014.

NOTICE

LISTING OF IMMIGRATION COURTS AND THE OPERATING STATUS OF EACH COURT

Back to Home