Immigration Court Receipt in the United States
Receipt in relation to Immigration Courts
(information based on the DoJ Manual)
Delivery and Receipt
See also Immigration Court Filing Delivery.
Must be “timely.”
The Immigration Court places a date stamp on all documents it receives. Absent persuasive evidence to the contrary, the Immigration Court’s date stamp is controlling in determining whether a filing is “timely.” Because filings are date-stamped upon arrival at the Immigration Court, parties should file documents as far in advance of deadlines as possible.
Construction of “day.”
All filing deadlines are calculated in calendar days. Thus, unless otherwise indicated, all references to “days” in this American legal encyclopedia refer to calendar days rather than business days.
Computation of time
Parties should use the following guidelines to calculate deadlines.
Deadlines on specific dates
A filing may be due by a specific date. For example, an Immigration Judge may require a party to file a brief by June 21, 2008. If such a deadline falls on a Saturday, Sunday, or legal holiday, the deadline is construed to fall on the next business day.
Deadlines prior to hearings
A filing may be due a specific period of time prior to a hearing. For example, if a filing is due 15 days prior to a hearing, the day of the hearing counts as “day 0” and the day before the hearing counts as “day 1.” Because deadlines are calculated using calendar days, Saturdays, Sundays, and legal holidays are counted. If, however, such a deadline falls on a Saturday, Sunday, or legal holiday, the deadline is construed to fall on the next business day.
Deadlines following hearings
A filing may be due within a specific period of time following a hearing. For example, if a filing is due 15 days after a master calendar hearing, the day of the hearing counts as “day 0” and the day following the hearing counts as “day 1.” In such cases, the day of the hearing counts as “day 0” and the day following the hearing counts as “day 1.” Because deadlines are calculated using calendar days, Saturdays, Sundays, and legal holidays are counted. If, however, such a deadline falls on a Saturday, Sunday, or legal holiday, the deadline is construed to fall on the next business day.
Deadlines following Immigration Judges’ decisions
Pursuant to statute or regulation, a filing may be due within a specific period of time following an Immigration Judge’s decision. For example, appeals, motions to reopen, and motions to reconsider must be filed within such deadlines. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. §§ 1003.38(b), 1003.23. In such cases, the day the Immigration Judge renders an oral decision or mails a written decision counts as “day 0.” The following day counts as “day 1.” Statutory and regulatory deadlines are calculated using calendar days. Therefore, Saturdays, Sundays, and legal holidays are counted. If, however, a statutory or regulatory deadline falls on a Saturday, Sunday, or legal holiday, the deadline is construed to fall on the next business day.
Deadlines for responses
A response to a filing may be due within a specific period of time following the original filing. For example, if a response to a motion is due within 10 days after the motion was filed with the Immigration Court, the day the original filing is received by the Immigration Court counts as “day 0.” The following day counts as “day 1.” Because deadlines are calculated using calendar days, Saturdays, Sundays, and legal holidays are counted. If, however, such a deadline falls on a Saturday, Sunday, or legal holiday, the deadline is construed to fall on the next business day.
Delays in delivery
Postal or delivery delays do not affect existing deadlines. Parties should anticipate all postal or delivery delays, whether a filing is made by first class mail, priority mail, or overnight or guaranteed delivery service. The Immigration Court does not excuse untimeliness due to postal or delivery delays, except in rare circumstances. See (in this American law platform, in relation to immigration courts and judges) Receipt rule.
Motions for extensions of filing deadlines
Immigration Judges have the authority to grant motions for extensions of filing deadlines that are not set by regulation. A deadline is only extended upon the granting of a motion for an extension. Therefore, the mere filing of a motion for an extension does not excuse a party’s failure to meet a deadline. Unopposed motions for extensions are not automatically granted.
Policy
Motions for extensions are not favored. In general, conscientious parties should be able to meet filing deadlines. In addition, every party has an ethical obligation to avoid delay.
Deadline
A motion for an extension should be filed as early as possible, and must be received by the original filing deadline.
Contents
A motion for an extension should be filed with a cover page labeled “MOTION FOR EXTENSION” and comply with the requirements for filing. See (in this American law platform, in relation to immigration courts and judges) Filing with the Immigration Court. A motion for an extension should clearly state:
- when the filing is due
- the reason(s) for requesting an extension
- that the party has exercised due diligence to meet the current filing deadline
- that the party will meet a revised deadline
- if the parties have communicated, whether the other party consents to the extension.
Defective filings
Filings may be deemed defective due to improper filing, untimely filing, or both. If a document is improperly filed but not rejected, the Immigration Judge retains the authority to take appropriate action.
Untimely filings
The untimely submission of a filing may have serious consequences. The Immigration Judge retains the authority to determine how to treat an untimely filing. Accordingly, parties should be mindful of the requirements regarding timely filings. See (in this American law platform, in relation to immigration courts and judges) Timing of submissions. Untimely filings, if otherwise properly filed, are not rejected by Immigration Court staff. However, parties should note that the consequences of untimely filing are sometimes as follows:
- if an application for relief is untimely, the alien’s interest in that relief is deemed waived or abandoned
- if a motion is untimely, it is denied
- if a brief or pre-trial statement is untimely, the issues in question are deemed waived or conceded
- if an exhibit is untimely, it is not entered into evidence or it is given less weight
- if a witness list is untimely, the witnesses on the list are barred from testifying
- if a response to a motion is untimely, the motion is deemed unopposed.
Motions to accept untimely filings
If a party wishes the Immigration Judge to consider a filing despite its untimeliness, the party must make an oral or written motion to accept the untimely filing. A motion to accept an untimely filing must explain the reasons for the late filing and show good cause for acceptance of the filing. In addition, parties are strongly encouraged to support the motion with documentary evidence, such as Affidavit ( document in which a person states facts, swearing that the facts are true and accurate)s and declarations under the penalty of perjury. The Immigration Judge retains the authority to determine how to treat an untimely filing.
Natural or manmade disasters
Natural or manmade disasters may occur that create unavoidable filing delays. Parties wishing to file untimely documents after a disaster must comply with the above requirements.
Filing receipts
The Immigration Court does not issue receipts for filings. Parties are encouraged, however, to obtain and retain corroborative documentation of delivery, such as mail delivery receipts or courier tracking information. As a precaution, p
arties should keep copies of all items sent to the Immigration Court.
Conformed copies
A time-and-date stamp is placed on each filing received by the Immigration Court. If the filing party desires a “conformed copy” (i.e., a copy of the filing bearing the Immigration Court’s time-and-date stamp), the original must be accompanied by an accurate copy of the filing, prominently marked “CONFORMED COPY; RETURN TO SENDER.” If the filing is voluminous, only a copy of the cover page and table of contents needs to be submitted for confirmation. The filing must also contain a self-addressed stamped envelope or comparable return delivery packaging. The Immigration Court does not return conformed copies without a prepaid return envelope or packaging.
Receipt in relation to Immigration Courts
(information based on the DoJ Manual)
Delivery and Receipt
See also Immigration Court Filing Delivery.
Must be “timely.”
The Immigration Court places a date stamp on all documents it receives. Absent persuasive evidence to the contrary, the Immigration Court’s date stamp is controlling in determining whether a filing is “timely.” Because filings are date-stamped upon arrival at the Immigration Court, parties should file documents as far in advance of deadlines as possible.
Construction of “day.”
All filing deadlines are calculated in calendar days. Thus, unless otherwise indicated, all references to “days” in this American legal encyclopedia refer to calendar days rather than business days.
Computation of time
Parties should use the following guidelines to calculate deadlines.
Deadlines on specific dates
A filing may be due by a specific date. For example, an Immigration Judge may require a party to file a brief by June 21, 2008. If such a deadline falls on a Saturday, Sunday, or legal holiday, the deadline is construed to fall on the next business day.
Deadlines prior to hearings
A filing may be due a specific period of time prior to a hearing. For example, if a filing is due 15 days prior to a hearing, the day of the hearing counts as “day 0” and the day before the hearing counts as “day 1.” Because deadlines are calculated using calendar days, Saturdays, Sundays, and legal holidays are counted. If, however, such a deadline falls on a Saturday, Sunday, or legal holiday, the deadline is construed to fall on the next business day.
Deadlines following hearings
A filing may be due within a specific period of time following a hearing. For example, if a filing is due 15 days after a master calendar hearing, the day of the hearing counts as “day 0” and the day following the hearing counts as “day 1.” In such cases, the day of the hearing counts as “day 0” and the day following the hearing counts as “day 1.” Because deadlines are calculated using calendar days, Saturdays, Sundays, and legal holidays are counted. If, however, such a deadline falls on a Saturday, Sunday, or legal holiday, the deadline is construed to fall on the next business day.
Deadlines following Immigration Judges’ decisions
Pursuant to statute or regulation, a filing may be due within a specific period of time following an Immigration Judge’s decision. For example, appeals, motions to reopen, and motions to reconsider must be filed within such deadlines. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. §§ 1003.38(b), 1003.23. In such cases, the day the Immigration Judge renders an oral decision or mails a written decision counts as “day 0.” The following day counts as “day 1.” Statutory and regulatory deadlines are calculated using calendar days. Therefore, Saturdays, Sundays, and legal holidays are counted. If, however, a statutory or regulatory deadline falls on a Saturday, Sunday, or legal holiday, the deadline is construed to fall on the next business day.
Deadlines for responses
A response to a filing may be due within a specific period of time following the original filing. For example, if a response to a motion is due within 10 days after the motion was filed with the Immigration Court, the day the original filing is received by the Immigration Court counts as “day 0.” The following day counts as “day 1.” Because deadlines are calculated using calendar days, Saturdays, Sundays, and legal holidays are counted. If, however, such a deadline falls on a Saturday, Sunday, or legal holiday, the deadline is construed to fall on the next business day.
Delays in delivery
Postal or delivery delays do not affect existing deadlines. Parties should anticipate all postal or delivery delays, whether a filing is made by first class mail, priority mail, or overnight or guaranteed delivery service. The Immigration Court does not excuse untimeliness due to postal or delivery delays, except in rare circumstances. See (in this American law platform, in relation to immigration courts and judges) Receipt rule.
Motions for extensions of filing deadlines
Immigration Judges have the authority to grant motions for extensions of filing deadlines that are not set by regulation. A deadline is only extended upon the granting of a motion for an extension. Therefore, the mere filing of a motion for an extension does not excuse a party’s failure to meet a deadline. Unopposed motions for extensions are not automatically granted.
Policy
Motions for extensions are not favored. In general, conscientious parties should be able to meet filing deadlines. In addition, every party has an ethical obligation to avoid delay.
Deadline
A motion for an extension should be filed as early as possible, and must be received by the original filing deadline.
Contents
A motion for an extension should be filed with a cover page labeled “MOTION FOR EXTENSION” and comply with the requirements for filing. See (in this American law platform, in relation to immigration courts and judges) Filing with the Immigration Court. A motion for an extension should clearly state:
- when the filing is due
- the reason(s) for requesting an extension
- that the party has exercised due diligence to meet the current filing deadline
- that the party will meet a revised deadline
- if the parties have communicated, whether the other party consents to the extension.
Defective filings
Filings may be deemed defective due to improper filing, untimely filing, or both. If a document is improperly filed but not rejected, the Immigration Judge retains the authority to take appropriate action.
Untimely filings
The untimely submission of a filing may have serious consequences. The Immigration Judge retains the authority to determine how to treat an untimely filing. Accordingly, parties should be mindful of the requirements regarding timely filings. See (in this American law platform, in relation to immigration courts and judges) Timing of submissions. Untimely filings, if otherwise properly filed, are not rejected by Immigration Court staff. However, parties should note that the consequences of untimely filing are sometimes as follows:
- if an application for relief is untimely, the alien’s interest in that relief is deemed waived or abandoned
- if a motion is untimely, it is denied
- if a brief or pre-trial statement is untimely, the issues in question are deemed waived or conceded
- if an exhibit is untimely, it is not entered into evidence or it is given less weight
- if a witness list is untimely, the witnesses on the list are barred from testifying
- if a response to a motion is untimely, the motion is deemed unopposed.
Motions to accept untimely filings
If a party wishes the Immigration Judge to consider a filing despite its untimeliness, the party must make an oral or written motion to accept the untimely filing. A motion to accept an untimely filing must explain the reasons for the late filing and show good cause for acceptance of the filing. In addition, parties are strongly encouraged to support the motion with documentary evidence, such as Affidavit ( document in which
a person states facts, swearing that the facts are true and accurate)s and declarations under the penalty of perjury. The Immigration Judge retains the authority to determine how to treat an untimely filing.
Natural or manmade disasters
Natural or manmade disasters may occur that create unavoidable filing delays. Parties wishing to file untimely documents after a disaster must comply with the above requirements.
Filing receipts
The Immigration Court does not issue receipts for filings. Parties are encouraged, however, to obtain and retain corroborative documentation of delivery, such as mail delivery receipts or courier tracking information. As a precaution, parties should keep copies of all items sent to the Immigration Court.
Conformed copies
A time-and-date stamp is placed on each filing received by the Immigration Court. If the filing party desires a “conformed copy” (i.e., a copy of the filing bearing the Immigration Court’s time-and-date stamp), the original must be accompanied by an accurate copy of the filing, prominently marked “CONFORMED COPY; RETURN TO SENDER.” If the filing is voluminous, only a copy of the cover page and table of contents needs to be submitted for confirmation. The filing must also contain a self-addressed stamped envelope or comparable return delivery packaging. The Immigration Court does not return conformed copies without a prepaid return envelope or packaging.
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