Filing Documents
FILING DOCUMENTS WITH THE IMMIGRATION COURT
All submissions must conform to the Rules of Procedures for Immigration Judge Proceedings, published in Title 8 of the Code of Federal Regulations (8 CFR) as well as the Immigration Court Practice Manual. A copy of 8 CFR is available for review in the Immigration Court. All written material presented to the court must be submitted on 8 ½ x 11 paper unless otherwise permitted by the Immigration Judge. All filings including requests for continuances and extensions, bond custody redetermination requests, notices of appearance, and applications must be presented to the court receptionist for filing. Only relief applications, Forms EOIR-28's and EOIR 33's CAN BE SUBMITTED DIRECTLY TO THE IMMIGRATION JUDGE IN COURT.
Do not leave documents to be filed on the receptionist's counter. All submissions that are hand- carried to the Court must be stamped, received and filed by the court receptionist, or they will be returned to the parties as not received.
The court will accept filings by mail or personal service if they conform to the requirements of Title 8 Code of Federal Regulations (8 C.F.R.) as well as the Immigration Court Practice Manual. Filings before the Immigration Court requiring a fee must include an Department of Homeland Security (DHS) fee receipt/stamp or a request for a fee waiver.
THE IMMIGRATION COURT DOES NOT ACCEPT FEES.
The Las Vegas DHS cashiers will accept the fee for court filings and return the documents to the filer to submit to the Court and the DHS District Counsel. If a filing fee is paid at an DHS location outside the Las Vegas, NV area where the cashier does not return the original documents with a fee stamp to the filer, the court will accept a copy of the filing and the fee receipt, provided they are received by the Court prior to the deadline established by the Immigration Judge and include proof of service on the District Counsel for the DHS (click here for a sample Certificate of Service).
Please note that the DHS does not provide a fee receipt for documents mailed to their office unless the sender includes a request for the receipt and a self-addressed, stamped envelope.
Attorney Appearances:
Attorneys must enter an appearance before the Immigration Court by filing a Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court (Form EOIR-28). See 8C.F.R. §§ 1003.17(a), 1003.23(b) (1)(ii). A Form EOIR-28 should always be filed in the situations described in chapter 2.1(b) (Entering an appearance). If submitted with other documents, the Form EOIR 28 should be at the front of the package. See Chapter 3.3(c) (Format). It should not be included as an exhibit, as part of an exhibit, or with supporting materials. In addition, the Form EOIR-28 must be served on the opposing party. See chapter 3.2 (Service on the Opposing Party). If information is omitted from the form EOIR-28 or it is not properly completed, the attorney’s appearance may not be recognized, and the accompanying filing may be rejected. For further information please refer the Immigration Court Practice Manual.
Detained Aliens and Request for Bond Custody Redetermination:
Bond Custody redetermination requests can be made to the court orally, telephonically, or in writing. The bond hearing will be scheduled as soon as possible.
Foreign Language Documents:
All documents that are in a language other than English must be accompanied by both an English language translation and a certificate signed by the translator. The certificate must include the following statement: "I, (name of translator), certify that I am competent to translate this document, and that the translation is true and accurate to the best of my abilities." Click here for a sample Certificate of Translation.
Motions:
Please refer to the Immigration Court Practice Manual.
Requests for Continuances and Extensions:
The Court will not entertain telephonic requests for continuances or extensions. Please refer to the Immigration Court Practice Manual.
Transcripts:
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 transcripts, parties should consult the Board Practice Manual, which is available on the Executive Office for Immigration Review website at http://www.usdoj.gov/eoir/biainfo.htm.
Review of Record of Proceedings:
Parties to a proceeding, and their representatives, may inspect the official record, except for classified information, by prior arrangement with the Immigration Court having control over the record. See Chapter 3.1(a)(i) (Administrative Control Court), 4.10(c) (Record of Proceedings). Removal of records by parties or other unauthorized persons is prohibited. For further information please refer to the Immigration Court Practice Manual.
The mailing address for the Court is:
U.S. Immigration Court
Executive Office for Immigration Review
3365
Pepper Lane, Suite 200
Las Vegas, Nevada 89120
The mailing address for the DHS District Counsel's Office is:
DHS District Counsel
3373 Pepper Lane
Las Vegas, Nevada 89120
In addition to the filing requirements outlined in 8 CFR as well as the Immigration Court Practice Manual, all documents must be two-hole punched at the top, with a table of contents and all pages numbered consecutively. It is not necessary to designate exhibits within your documents, as the Immigration Judge will assign exhibit numbers as he/she sees fit.
Applications for relief should be prepared as follows:
*Note: Arrangements must be made with the DHS District Counsel's Office for the fingerprinting of your clients.
| Application for Asylum, Form I-589: | |
| 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 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 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) |
| > 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 motion to reopen (if any) | > Copy of motion (if any) |
| > 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 |
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 1711
Falls Church, VA 22041
| Notice of Appeal of Decision of the Immigration Judge, Form EOIR-26: | |
| 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 |