Hearing Record in the United States
Record in relation to Immigration Courts
(information based on the DoJ Manual)
Hearings recorded
Immigration hearings are recorded electronically by the Immigration Judge. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1240.9. Parties may listen to recordings of hearings by prior arrangement with Immigration Court staff. See Records, and Requests. The entire hearing is recorded except for those occasions when the Immigration Judge authorizes an off-the-record discussion. On those occasions, the results of the off-the-record discussion are summarized by the Immigration Judge on the record. The Immigration Judge asks the parties if the summary is true and complete, and the parties are given the opportunity to add to or amend the summary, as appropriate. Parties should request such a summary from the Immigration Judge, if the Immigration Judge does not offer one.
Transcriptions
If an Immigration Judge’s decision is appealed to the Board of Immigration Appeals, the hearing is transcribed in appropriate cases and a transcript is sent to both parties. For information on transcriptions, parties should consult the Board American Encyclopedia of Law, which is available on the Executive Office for Immigration Review website .
Record of Proceedings
The official file containing the documents relating to an alien’s case is the Record of Proceedings, which is created by the Immigration Court. The contents of the Record of Proceedings vary from case to case. However, at the conclusion of Immigration Court proceedings, the Record of Proceedings generally contains the Notice to Appear (Form I-862), hearing notice(s), the attorney’s Notice of Appearance (Form EOIR-28), Alien’s Change of Address Form(s) (Form EOIR-33/IC), application(s) for relief, exhibits, motion(s), brief(s), hearing tapes (if any), and all written orders and decisions of the Immigration Judge.
Record in relation to Immigration Courts
(information based on the DoJ Manual)
Hearings recorded
Immigration hearings are recorded electronically by the Immigration Judge. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1240.9. Parties may listen to recordings of hearings by prior arrangement with Immigration Court staff. See Records, and Requests. The entire hearing is recorded except for those occasions when the Immigration Judge authorizes an off-the-record discussion. On those occasions, the results of the off-the-record discussion are summarized by the Immigration Judge on the record. The Immigration Judge asks the parties if the summary is true and complete, and the parties are given the opportunity to add to or amend the summary, as appropriate. Parties should request such a summary from the Immigration Judge, if the Immigration Judge does not offer one.
Transcriptions
If an Immigration Judge’s decision is appealed to the Board of Immigration Appeals, the hearing is transcribed in appropriate cases and a transcript is sent to both parties. For information on transcriptions, parties should consult the Board American Encyclopedia of Law, which is available on the Executive Office for Immigration Review website .
Record of Proceedings
The official file containing the documents relating to an alien’s case is the Record of Proceedings, which is created by the Immigration Court. The contents of the Record of Proceedings vary from case to case. However, at the conclusion of Immigration Court proceedings, the Record of Proceedings generally contains the Notice to Appear (Form I-862), hearing notice(s), the attorney’s Notice of Appearance (Form EOIR-28), Alien’s Change of Address Form(s) (Form EOIR-33/IC), application(s) for relief, exhibits, motion(s), brief(s), hearing tapes (if any), and all written orders and decisions of the Immigration Judge.