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Office of the Chief Immigration Judge

IMMIGRATION COURT
Charlotte, North Carolina



Welcome to the Charlotte Immigration Court!

The Charlotte Immigration Court falls under the jurisdiction of the Office of the Chief Immigration Judge which is a component of the Executive Office for Immigration Review under the Department of Justice.

Our court has made a commitment to provide access to information through the Internet in order to service the needs of the public.

Our goal is to provide the most current and accurate information available to those needing to appear before an Immigration Judge and to provide this information in a user-friendly fashion.

Please note: The U.S. Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR) are separate organizations.


About the Court

Charlotte Immigration Court
5701 Executive Center Drive, Suite 400
Charlotte, North Carolina 28212
Phone:  704-817-6140

The court is open to accept documents Monday through Friday from 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m.
Note:  Starting June 26, 2014 the Charlotte Court Filing Window will close at 3:00 p.m. instead of 4:00 p.m on the last Thursday of each month only.

For information regarding application deadlines or hearing dates and times, call the EOIR Immigration Court's automated system at 1-800-898-7180. Individuals calling from outside the United States may call 703-305-1662.

The court staff cannot provide telephone, message, or copying services.

For information regarding Public Access For Hearing, please see 8 CFR 1003.27.

Court Contacts

Immigration Judges:
V. Stuart Couch
Theresa Holmes-Simmons
Barry Pettinato

Court Administrator:
R. Elliott Edwards



Visitor Information

The Charlotte Immigration Court is located at 5701 Executive Center Drive, Suite 400, Charlotte, North Carolina 28212. The telephone number is 704-817-6140. For directions to the Court, we have provided a link to a free mapping service.


Additional Information

Record and Tape Requests

Request to review a file or copies of a hearing on audio cassette tape or compact disk (CD) must be made in writing using the Court's Information Request Form. All requests must meet the following requirements:

  1. You are the respondent,
  2. You are the attorney/representative for the respondent; or
  3. You have the written permission of the respondent to review the record.

If you require a complete copy of the Record of Proceedings, you must file a FOIA request with the Executive Office for Immigration Review, Office of General Counsel.

Requests for copies of hearing tapes must be made in writing and blank 90 minute tapes must be provided by either parties making the request. You may wish to call the Court first to determine how many blank 90 minutes tapes will be required. If you are making a request for copies of hearings recorded using the Digital Audio Recording system, the Court will provide the CD. Please note that there are two ways of burning a CD – Basic and Advance. If you have access to a personal computer, you will be provided with an Advance CD. If you do not have access to a personal computer, you will be provided with a Basic CD which will allow you to listen to the recording on any CD player.

 
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Contact Us

Leadership
Juan P. Osuna
Director, Executive Office for Immigration Review
 
Contact
Office of Legislative and Public Affairs
703-305-0289
 
Case Status
 
Case Information System
240-314-1500 or 1-800-898-7180
Case status information available 24/7
 
BIA Clerk's Office
 
Filing Information
703-605-1007
 
Office of the Chief Administrative Hearing Officer
 
Filing Information for Employer Sanctions and Anti-discrimination Cases
703-305-0864
 
Office of the General Counsel
 
Attorney Discipline Program/
Fraud Program
703-305-0470
 
Records
 
FOIA Service Center
703-605-1297
 

Filing Documents

FILING DOCUMENTS WITH THE IMMIGRATION COURT

All submissions must conform to the Immigration Court Practice Manual, implemented July 1, 2008, Chapter 3, Filing with the Immigration Court. A copy of the Immigration Court Practice Manual is available at the receptionist desk.

The court will accept a filing by mail (with the exception of Form I-589) or personal service if it conforms to the requirements of the Practice Manual, Chapter 3, Section 3.2 (i). All filings for both detained and non-detained cases are filed at 5701 Executive Center Drive, Suite 400, Charlotte, North Carolina 28212.

The Immigration Court does not accept faxes or other electronic submissions unless the transmission has been specifically requested by the immigration court staff or the immigration judge. Unauthorized transmissions are not made part of the record and are discarded without consideration of the document or notice to the sender.

The Immigration Court does not accept fees. Fees for the filing of motions and applications for relief with the immigration court, when required, are paid to the Department of Homeland Security as set forth in 8 C.F.R. 1103.7. Fees that are sent to the immigration court will be rejected and returned to the originator. The Practice Manual, Chapter 3, Section 3.4 Filing Fees identifies where and when fees are or are not required.

The immigration court uses 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 ¾” apart). Submissions may be stapled in the top left corner. If stapling is impracticable, the use of removal 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. The use of ACCO-type fasteners and paper clips is discouraged.

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. If a party submits more than one filing in a proceeding, the page numbers in later filings should be consecutive with those in earlier filings. For example, if the respondent has filed a set of documents with page number 1 through 50, the next submission of documents should begin with page 51. 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. Parties should use alphabetic tabs, commencing with the letter “A.” The tabs should be affixed to the right side of the pages.


Applications should be prepared as follows:
Application for Asylum, Form I-589:
*only accepted at master calendar by the Immigration Judge
for Immigration Judge for DHS District Counsel
No fee required No fee required
Original and one copy of the application and supporting documents One copy of the application and supporting documents
One copy of envelope which contained the fingerprint cards sent to the DHS Original fingerprints
One copy of photograph Original photograph
Certificate of Service Copy of Certificate of Service


Application for Suspension of Deportation, Form EOIR-40:
for Immigration Judge for DHS District Counsel
Fee receipt or written request for fee waiver One copy of fee receipt or request for fee waiver
Original application and supporting documents One copy of application and supporting documents
One copy of Form G-325 (Biographical Info.) Original Form G-325 (with all carbon copies)
One copy of fingerprints Original fingerprints
One Copy of photograph Original photograph
Certificate of Service Copy of Certificate of Service


Application for Cancellation of Removal, Form EOIR-42A/42B:
for Immigration Judge for DHS District Counsel
Fee receipt or written request for fee waiver One copy of fee receipt or request for fee waiver
Original application and supporting documents One copy of application and supporting documents
One copy of Form G-325 (Biographical Info.) Original Form G-325 (with all carbon copies)
One copy of fingerprints Original fingerprints
Photograph (only for Form EOIR-42B) Original photograph (only for Form EOIR-42B)
Certificate of Service Copy of Certificate of Service


Application for Adjustment of Status, Form I-485:
for the Immigration Judge for DHS District Counsel
Original of Form I-485 application with fee receipt or written request for fee waiver Copy of Form I-485 application with fee receipt or written request for fee waiver
Original Supplement A (if required) Copy of Supplement A
Copy of visa petition approval notice Copy of visa petition approval notice
Copy of visa petition (if you kept one) Copy of visa petition (if one sent to court)
Certified copy of birth certificate Copy of birth certificate
Original Form I-134 Affidavit of Support Copy of Form I-134 Affidavit of Support
Copy of Form G-325 (Biographical Info.) Original of Form G-325 (with all carbon copies)
[Court does not need a fingerprint card] Form FD-258 Fingerprint card (executed)
Copy of photograph Original photograph
Medical Examination Report in sealed envelope None (Court will give DHS a copy later)
Copy of IRS Form 9003 Original of IRS Form 9003
Certificate of Service Copy of Certificate of Service


Application for Registry, Form I-485:
for the Immigration Judge for DHS District Counsel
Fee receipt or written request for fee waiver One copy of fee receipt or request for fee waiver
Original application and supporting documents One copy of application and supporting documents
One copy of Form G-325 (Biographical Info.) Original Form G-325 (with all carbon copies)
One copy of photograph Original photograph
Certificate of Service Copy of Certificate of Service


Application for Advance Permission to Return to Unrelinquished Domicile, Form I-191:
for the Immigration Judge for DHS District Counsel
Fee receipt or written request for fee waiver One copy of fee receipt or request for fee waiver
Original application and supporting documents One copy of application and documents
One copy of G-325 (Biographical Info.) Original G-325 (with all carbon copies)
One copy of photograph Original photograph
Certificate of Service Copy of Certificate of Service


All other motions for which Immigration Judge has jurisdiction:
for the Immigration Judge for DHS District Counsel
Fee receipt or written request for fee waiver (for motions requiring a fee) One copy of fee receipt or request for fee waiver
Original motion and supporting documents One copy of motion and supporting documents
Original application for any relief being sought One copy of application for any relief being sought
Certificate of Service Copy of Certificate of Service

The mailing address for the Court is:
USDOJ/EOIR
Immigration Court
5701 Executive Center Drive, Suite 400
Suite 400
Charlotte, North Carolina 28212
The mailing addresses for the DHS District Counsel's Office is:
Charlotte:
DHS District Counsel
5701 Executive Center Drive, Suite 300
Charlotte, NC 28212
Appearances before the Immigration Court:

All representatives must file a Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court (EOIR 28). Representatives should be sure to use the most current version of the form, which can be found on the Executive Office for Immigration Review website at www.justice.gov/eoir. An original Form EOIR 28 must be filed in the following situations: the first appearance of the representative, either at a hearing or by filing a pleading, motion, application of other document; the filing of a motion to reopen; the filing of a motion to reopen to rescind an in absentia order; the filing of a motion to reconsider; whenever a case is remanded to the immigration court; any change of business address or telephone number for the attorney or representative; and upon reinstatement following an attorney’s suspension or expulsion from practice.

Detained Aliens and Requests for Bond Redetermination:

Bond redetermination requests can be made to the immigration court in writing. Requests should be made as far in advance as possible. The bond redetermination hearing will be scheduled as soon as possible.

Foreign Language Documents:

All documents filed with immigration court must be in the English language or accompanied by a certified English translation. An affidavit or declaration in English by a person who does not understand English must include a certificate of interpretation stating that the affidavit or declaration has been read to the person in a language that the person understands prior to signing the document. The Practice Manual, Chapter 3, Section 3.3. Documents, further defines the requirements for language and certified translations.

Motions:

All Motions to Reopen and/or to Recalendar cases that have been closed prior to October 31, 2008, are under the administrative jurisdiction of the Atlanta Immigration Court. Motions to Reopen and/or to Recalendar case(s) closed prior to October 31, 2008 should be sent to the Atlanta Immigration Court with a Motion for Change of Venue (COV), as appropriate.

Cases closed on/after October 31, 2008, are under the administrative jurisdiction of the Charlotte Immigration Court. Motions to Reopen and/or to Recalendar cases closed on/after October 31, 2008, should be filed with the Charlotte Immigration Court.

Requests for Continuances and Extensions:

Either party seeking postponement of a scheduled hearing or an extension of time to file documents with the immigration court shall file a written request and a Form EOIR-28, if none was filed previously, with certificate of service on the opposing party. The request will be directed to the immigration judge assigned to the case. The immigration court will not entertain telephonic requests for continuances or extensions.

Transcripts:

A transcription of a hearing is made only when an appeal is filed. To review a record of proceeding (ROP), with or without transcript, please refer to the guideline below.

Review of Record of Proceedings:

Requests to review a record of proceeding (including any audio tape recordings made in the case) can be made orally or in writing. The individual reviewing the file/tape will be asked to sign a form showing that they reviewed the record. Call the immigration court and set up an appointment with the legal assistant. Access to certain information is limited; contact the immigration court if you need further details.


FILING DOCUMENTS WITH THE BOARD OF IMMIGRATION APPEALS

Motions and appeals for which the Board of Immigration Appeals has jurisdiction must be filed directly with the Board of Immigration Appeals (BIA), not with the Immigration Court. Fees must be paid to the Board of Immigration Appeals, not the Department of Homeland Security. The address for the Board of Immigration Appeals is:

Executive Office for Immigration Review
Board of Immigration Appeals
5107 Leesburg Pike, Suite 2000
Falls Church, VA 20530


Notice of Appeal of Decision of the Immigration Judge, Form EOIR-26 (revised April '96):
for the BIA for DHS District Counsel
Applicable fee or Appeal Fee Waiver Request (Form EOIR-26 A only) One copy of Appeal Fee Waiver Request if applicable
Original Notice of Appeal One copy of Notice of Appeal
Original Notice of Entry of Appearance (Form EOIR-27) if alien is being represented One copy of Notice of Entry of Appearance
Certificate of Service Copy of Certificate of Service


Motions for which the Board of Immigration Appeals has jurisdiction:
for the BIA for DHS District Counsel
Applicable fee or Appeal Fee Waiver request (Form EOIR 26-A only) for motions requiring a fee) One copy of Appeal Fee Waiver request if applicable
Original motion and supporting documents One copy of motion and supporting documents
Original Application for any relief being sought One copy of Application for any relief being sought
Certificate of Service Copy of Certificate of Service


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Frequently Asked Questions

There are currently no FAQs available.


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Courtroom Etiquette

The Immigration Judges in Charlotte encourage all those appearing before them to familiarize themselves with the Immigration Court Practice Manual and to be prepared and ready to go forward with the case on the day of the hearing.

If you have a scheduled hearing:

  • Arrive early.
  • Bring Your Notice to Appear (NTA) and/or hearing notice.
  • Even if you do not have a lawyer, you must appear for your hearing to avoid an order of removal being entered against you in your absence.
  • If you and other family members received Notices to Appear (NTA) for the same date, you must ALL attend the hearing.
  • EOIR 33's (change of address forms) must be filed at the Charlotte Immigration Court, 5701 Executive Center Drive, Suite 400, Charlotte, NC 28212.

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Updated May 2014