• the full name for each alien covered by the filing (as it appears on the charging document)
• the alien registration number (“A number”) for each alien covered by the filing (if an alien has more than one A number, all the A numbers should appear on the cover page with a clear notation that the alien has multiple A numbers)
• the type of proceeding involved (such as removal, deportation, exclusion, or bond)
• the date and time of the hearing

See Sample Cover Page. If the filing involves special circumstances, that information should appear prominently on the cover page, preferably in the top right corner and highlighted (e.g., “DETAINED,” “JOINT MOTION,” “EMERGENCY MOTION”).

Fonts and spacing

Font and type size must be easily readable. “Times Roman 12 point” font is preferred. Double-spaced text and single-spaced footnotes are also preferred. Both proportionally spaced and monospaced fonts are acceptable.

Binding

The Immigration Court and the Board of Immigration Appeals use a two-hole punch system to maintain files. All forms, motions, briefs, and other submissions should always be pre-punched with holes along the top (centered and 2 _” apart). Submissions may be stapled in the top left corner. If stapling is impracticable, the use of removable binder clips is encouraged. Submissions should neither be bound on the side nor commercially bound, as such items must be disassembled to fit into the record of proceedings and might be damaged in the process. The use of ACCO-type fasteners and paper clips is discouraged.

Forms

Forms should be completed in full and must comply with certain requirements. See (in this American law platform, in relation to immigration courts and judges) Forms.

Court Documents in relation to Immigration Courts

(information based on the DoJ Manual)

Language and certified translations

All documents filed with the Immigration Court must be in the English language or accompanied by a certified English translation. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. §§ 1003.33, 1003.23(b)(1)(i). An Affidavit ( document in which a person states facts, swearing that the facts are true and accurate) or declaration in English by a person who does not understand English must include a certificate of interpretation stating that the Affidavit ( document in which a person states facts, swearing that the facts are true and accurate) or declaration has been read to the person in a language that the person understands and that he or she understood it before signing. A certification of translation of a foreign-language document or declaration must be typed, signed by the translator, and attached to the foreign-language document. A certification must include a statement that the translator is competent to translate the language of the document and that the translation is true and accurate to the best of the translator’s abilities. If the certification is used for multiple documents, the certification must specify the documents. The translator’s address and telephone number must be included. See (in this American law platform, in relation to immigration courts and judges)
Sample Certificate of Translation.

Signatures

No forms, motions, briefs, or other submissions are properly filed without an original signature from either the alien, the alien’s representative, or a representative of the Department of Homeland Security. For purposes of filing a Form EOIR-28, the electronic acknowledgement and submission of an electronically filed Form EOIR-28 constitutes the signature of the alien’s representative. A Proof of Service also requires a signature but may be filed by someone designated by the filing party. See (in this American law platform, in relation to immigration courts and judges) Proof of Service. A signature represents a certification by the signer that: he or she has read the document; to the best of his or her knowledge, information, and belief formed after reasonable inquiry, the document is grounded in fact; the document is submitted in good faith; and the document has not been filed for any improper purpose. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1003.102(j)(1). A signature represents the signer’s authorization, attestation, and accountability. Every signature must be accompanied by the typed or printed name.

Simulated signatures

Signature stamps and computer-generated signatures are not acceptable on documents filed with the Immigration Court. These signatures do not convey the signer’s personal authorization, attestation, and accountability for the filing. See (in this American law platform, in relation to immigration courts and judges) also Filing, and Originals and reproductions.

Law firms

Except as provided in Appearances “on behalf of”, only an attorney of record–not a law firm, law office, or other attorney–may sign a submission to the Immigration Court. See (in this American law platform, in relation to immigration courts and judges) Appearances, Multiple representatives, and Law firms.

Accredited Representative (person approved by the Board of Immigration Appeals to represent aliens before the Immigration Courts and the Board)s

Accredited Representative (person approved by the Board of Immigration Appeals to represent aliens before the Immigration Courts and the Board)s must sign their own submissions. See (in this American law platform, in relation to immigration courts and judges) Signatures.

Paralegals and other staff

Paralegals and other staff are not authorized to practice before the Immigration Court and may not sign a submission to the Immigration Court. See (in this American law platform, in relation to immigration courts and judges) Paralegals. However, a paralegal may sign a Proof of Service when authorized by the filing party. See (in this American law platform, in relation to immigration courts and judges) Proof of Service.

Other representatives

Only those individuals who have been authorized by the Immigration Court to represent a party and have submitted a Notice of Entry of Appearance of Attorney or Representative Before the Immigration Court (Form EOIR-28) may sign submissions to the Immigration Court. See (in this American law platform, in relation to immigration courts and judges) Law students and Law Graduates.

Family members

A family member may sign submissions on behalf of a party only under certain circumstances. See (in this American law platform, in relation to immigration courts and judges) Family Members.

Format

The Immigration Court prefers all filings and supporting documents to be typed, but will accept handwritten filings that are legible. Illegible filings will be rejected or excluded from evidence. See (in this American law platform, in relation to immigration courts and judges) Defective filings. All filings must be signed by the filing party. See (in this American law platform, in relation to immigration courts and judges) Signatures.

Order of documents

Filings should be assembled as follows. All forms should be filled out completely. If a Notice of Entry of Appearance of Attorney or Representative Before the Immigration Court (Form EOIR-28) is required, it should be submitted at the front of the package. If a Form EOIR-28 has been filed electronically, a printed copy of the Form EOIR-28 is generally not required. See (in this American law platform, in relation to immigration courts and judges) Entering an Appearance.

Applications for relief

An application package should comply with the instructions on the application. The application package should contain (in order): (1) Form EOIR-28 (if required) (2) Cover page (3) If applicable, fee receipt (stapled to the application) or motion for a fee waiver (4) Application (5) Proposed exhibits (if any) with table of contents (6) Proof of Service. See (in this American law platform, in relation to immigration courts and judges) Entering an appearance, Proof of Service, Publications as evidence, and Filing Fees.

Proposed exhibits

If proposed exhibits are not included as part of an application package, the proposed exhibit package should contain (in order): (1) Form EOIR-28 (if required) (2) Cover page (3) Table of contents (4) Proposed exhibits (5) Proof of Service. See (in this American law platform, in relation to immigration courts and judges) Entering an appearance, Proof of Service, Publications as evidence, and Filing Fees.

Witness list

A witness list package should contain (in order): (1) Form EOIR-28 (if required) (2) Cover page (3) Witness list (in compliance with the requirements of the entry about Witness lists) (4) Proof of Service. See (in this American law platform, in relation to immigration courts and judges) Entering an appearance, and Proof of Service.

Motions to reopen

A motion package for a motion to reopen should contain (in order): (1) Form EOIR-28 (2) Cover page (3) If applicable, fee receipt (stapled to the motion or application) or motion for a fee waiver (4) Motion to reopen (5) A copy of the Immigration Judge’s decision (6) If applicable, a motion brief (7) If applicable, a copy of the application for relief (8) Supporting documentation (if any) with table of contents (9) Alien’s Change of Address Form (Form EOIR-33/IC) (recommended even if the alien’s address has not changed) (10) A proposed order for the Immigration Judge’s signature (11) Proof of Service. See Entering an appearance, Motions, Proof of Service, Publications as evidence, Filing Fees, Motions before the Immigration Court.

Motions to reconsider

A motion package for a motion to reconsider should contain (in order): (1) Form EOIR-28 (2) Cover page (3) If applicable, fee receipt (stapled to the motion or application) or motion for a fee waiver (4) Motion to reconsider (5) A copy of the Immigration Judge’s decision (6) If applicable, a motion brief (7) If applicable, a copy of the application for relief (8) Supporting documentation (if any) with table of contents (9) Alien’s Change of Address Form (Form EOIR-33/IC) (recommended even if the alien’s address has not changed) (10) A proposed order for the Immigration Judge’s signature (11) Proof of Service. See (in this American law platform, in relation to immigration courts and judges) Entering an appearance, Motions, Proof of Service, Publications as evidence, Filing Fees), and Motions before the Immigration Court.

Other filings

Other filing packages, including pre-decision motions and briefs, should contain (in order): (1) Form EOIR-28 (if required) (2) Cover page (3) If applicable, fee receipt (stapled to the filing) or motion for a fee waiver (4) The filing (5) Supporting documentation (if any) with table of contents (6) If a motion, a proposed order for the Immigration Judge’s signature (7) Proof of service. See (in this American law platform, in relation to immigration courts and judges) Entering an appearance, Proof of Service, Publications as evidence, and Filing Fees.

Number of copies

Except as provided in some cases below, only the original of each application or other submission must be filed with the Immigration Court. For all filings, a copy must be served on the op
posing party. See (in this American law platform, in relation to immigration courts and judges) Service on the Opposing Party. Multiple copies of a filing (e.g., a brief, motion, proposed exhibit, or other supporting documentation) should not be filed unless otherwise instructed by the Immigration Judge.

Defensive asylum applications

For defensive asylum applications, parties must submit to the Immigration Court the original application. See (in this American law platform, in relation to immigration courts and judges) Defensive applications. In addition, a copy must be served on the opposing party. See (in this American law platform, in relation to immigration courts and judges) Service on the Opposing Party.

Consolidated cases

In consolidated cases, parties should submit a separate copy of each submission for placement in each individual Record of Proceedings. However, a “master exhibit” may be filed in the lead individual’s file for exhibits and supporting documentation applicable to more than one individual, with the approval of the Immigration Judge.

Pagination and table of contents

All documents, including briefs, motions, and exhibits, should always be paginated by consecutive numbers placed at the bottom center or bottom right hand corner of each page. Whenever proposed exhibits or supporting documents are submitted, the filing party should include a table of contents with page numbers identified. Where a party is filing more than one application, the party is encouraged to submit a separate evidence package, with a separate table of contents, for each application.

Tabs

Parties should use alphabetic tabs, commencing with the letter “A.” The tabs should be affixed to the right side of the pages.

Paper size and document quality

All documents should be submitted on standard 8 x 11 paper, in order to fit into the Record of Proceedings. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1003.32(b). The use of paper of other sizes, including legal-size paper (8 x 14), is discouraged. If a document is smaller than 8 x 11, the document should be affixed to an 8 x 11 sheet of paper or enlarged to 8 x 11. If a document is larger than 8 x 11, the document should be reduced in size by photocopying or other appropriate means, as authorized by the Immigration Judge. This provision does not apply to documents whose size cannot be altered without altering their authenticity. All documents must be legible. Copies that are so poor in quality as to be illegible may be rejected or excluded from evidence. See (in this American law platform, in relation to immigration courts and judges) Defective filings. Paper should be of standard stock white, opaque, and unglazed. Given its fragility and tendency to fade, photo-sensitive facsimile paper should never be used. Ink should be dark, preferably black. Briefs, motions, and supporting documentation should be single-sided.

Cover page and caption

All filings should include a cover page. The cover page should include a caption and contain the following information:

• the full name for each alien covered by the filing (as it appears on the charging document)
• the alien registration number (“A number”) for each alien covered by the filing (if an alien has more than one A number, all the A numbers should appear on the cover page with a clear notation that the alien has multiple A numbers)
• the type of proceeding involved (such as removal, deportation, exclusion, or bond)
• the date and time of the hearing

See Sample Cover Page. If the filing involves special circumstances, that information should appear prominently on the cover page, preferably in the top right corner and highlighted (e.g., “DETAINED,” “JOINT MOTION,” “EMERGENCY MOTION”).

Fonts and spacing

Font and type size must be easily readable. “Times Roman 12 point” font is preferred. Double-spaced text and single-spaced footnotes are also preferred. Both proportionally spaced and monospaced fonts are acceptable.

Binding

The Immigration Court and the Board of Immigration Appeals use a two-hole punch system to maintain files. All forms, motions, briefs, and other submissions should always be pre-punched with holes along the top (centered and 2 _” apart). Submissions may be stapled in the top left corner. If stapling is impracticable, the use of removable binder clips is encouraged. Submissions should neither be bound on the side nor commercially bound, as such items must be disassembled to fit into the record of proceedings and might be damaged in the process. The use of ACCO-type fasteners and paper clips is discouraged.

Forms

Forms should be completed in full and must comply with certain requirements. See (in this American law platform, in relation to immigration courts and judges) Forms.