Motion Filing in the United States

Who May File in relation to Immigration Courts

(information based on the DoJ Manual)

Parties

Only an Alien (person who is not a citizen or national of the United States) who is in proceedings before the Immigration Court (or the alien’s representative), or the Department of Homeland Security may file a motion. A motion must identify all parties covered by the motion and state clearly their full names and Alien (person who is not a citizen or national of the United States) registration numbers (“A numbers”), including all family members in proceedings. See (in this American law platform, in relation to immigration courts and judges) Form and Sample Cover Page. The Immigration Judge will not assume that the motion includes all family members (or group members in consolidated proceedings). See (in this American law platform, in relation to immigration courts and judges) Combining and Separating Cases.

Representatives

Whenever a party is represented, the party should submit all motions to the Court through the representative. See (in this American law platform, in relation to immigration courts and judges) Who may file.

Pre-decision motions

If a representative has already filed a Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court (Form EOIR-28), and the Immigration Judge has not rendered a final order in the case, a motion need not be accompanied by a Form EOIR-28. However, if a representative is appearing for the first time, the representative must file a Form EOIR-28 along with the motion. See (in this American law platform, in relation to immigration courts and judges) Appearances before the Immigration Court.

Post-decision motions

All motions to reopen, motions to reconsider, and motions to reopen to rescind an in absentia order filed by a representative must be accompanied by a Form EOIR-28, even if the representative is already the representative of record. See (in this American law platform, in relation to immigration courts and judges) Appearances before the Immigration Court.

Persons not party to the proceedings

Only a party to a proceeding, or a party’s representative, may file a motion pertaining to that proceeding. Family members, employers, and other third parties may not file a motion. If a third party seeks Immigration Court action in a particular case, the request should be made through a party to the proceeding.

Who May File in relation to Immigration Courts

(information based on the DoJ Manual)

Parties

Only an Alien (person who is not a citizen or national of the United States) who is in proceedings before the Immigration Court (or the alien’s representative), or the Department of Homeland Security may file a motion. A motion must identify all parties covered by the motion and state clearly their full names and Alien (person who is not a citizen or national of the United States) registration numbers (“A numbers”), including all family members in proceedings. See (in this American law platform, in relation to immigration courts and judges) Form and Sample Cover Page. The Immigration Judge will not assume that the motion includes all family members (or group members in consolidated proceedings). See (in this American law platform, in relation to immigration courts and judges) Combining and Separating Cases.

Representatives

Whenever a party is represented, the party should submit all motions to the Court through the representative. See (in this American law platform, in relation to immigration courts and judges) Who may file.

Pre-decision motions

If a representative has already filed a Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court (Form EOIR-28), and the Immigration Judge has not rendered a final order in the case, a motion need not be accompanied by a Form EOIR-28. However, if a representative is appearing for the first time, the representative must file a Form EOIR-28 along with the motion. See (in this American law platform, in relation to immigration courts and judges) Appearances before the Immigration Court.

Post-decision motions

All motions to reopen, motions to reconsider, and motions to reopen to rescind an in absentia order filed by a representative must be accompanied by a Form EOIR-28, even if the representative is already the representative of record. See (in this American law platform, in relation to immigration courts and judges) Appearances before the Immigration Court.

Persons not party to the proceedings

Only a party to a proceeding, or a party’s representative, may file a motion pertaining to that proceeding. Family members, employers, and other third parties may not file a motion. If a third party seeks Immigration Court action in a particular case, the request should be made through a party to the proceeding.