Filing Documents

FILING DOCUMENTS WITH THE IMMIGRATION COURT

All submissions must conform to the Rules of Procedure for Immigration Judge Proceedings, published in title 8 of the Code of Federal Regulations (8 CFR) as well as the provisions set forth in the Immigraton Court Practice Manual. All filings must be presented or mailed to the court clerk for filing purposes. All documents should be directed to the court at the following address:

Immigration Court
Clifford Davis/Odell Horton Federal Building
167 N. Main Street, Room 460
Memphis, TN 38103

Do not leave documents to be filed on the reception counter. All submissions that are hand-delivered to the Court must be stamped received by the court or they will be returned to the parties as incomplete. All documents must be accompanied by a certificate of service, showing that the filing has been served on the opposing party.

The court will accept documents filed by mail or personal service (but not by fax) if they conform to the requirements of 8 CFR as well as the provisions set forth in the Immigraton Court Practice Manual. Documents with associated fees must include a Citizenship and Immigration Service (CIS) fee receipt stamp, an affidavit of fee payment or a request for a fee waiver. THE IMMIGRATION COURT DOES NOT ACCEPT ANY FEES.

Biometric / Biographic Information
Certain applications, including the Application for Political Asylum (form I-589), the Application for Adjustment of Status (I-485), the Application for Suspension of Deportation (form EOIR-40) and the Application for Cancellation of Removal (form EOIR-42A/42B) require compliance with the CIS Biometrics and Biographic information instructions. An attorney from the Chief Counsel's office will serve the respondent a copy of the instruction sheet concerning biometric/biographic information at the respondent's immigration hearing when/if the respondent states their intent to file an application for relief.

General Information for the ICE and CIS:

National Service Center: 1-800-375-5283
Forms Information Line: 1-800-870-3676
Online: http://www.uscis.gov

In March of 2003, the Immigration and Naturalization Service (INS) was transferred from the Department of Justice to the Department of Homeland Security and divided into three separate agencies: the Citizenship and Immigration Service (CIS), the Immigration and Customs Enforcement (ICE), and the Customs and Border Protection (CBP).

CIS: The CIS parallels the benefits element of the former INS. It is responsible for processing applications for relief such as Adjustment of Status, Asylum Applications, Citizenship/Naturalization, Fingerprinting, Green Cards, etc. As with the former INS, it is with this agency that any forms or fees should be filed or paid.

ICE: The ICE represents the enforcement side of the former INS, and includes the Office of the Chief Counsel. As with INS, any documents filed with the Immigration Court must now also be served on the Chief Counsel of the ICE. The former INS Deportation Unit is also located in the ICE, and is responsible for setting bonds, transporting, housing, and all other matters related to the processing of detained aliens.

CBP: The CBP mirrors the Border Patrol and Inspectors Unit of the former INS as well as Customs Inspectors and other components of the former Customs Service.

Note: Although the interaction between the Court and these agencies operates the same as it did with INS, the Immigration Court is an entirely separate agency from the aforementioned entities and belongs to a different department. Questions regarding any of the subjects mentioned above should be directed to the appropriate agency and not the Immigration Court, as the Immigration Court will only be able to answer questions regarding pending cases before the Immigration Court.

Attorney Appearances
In order for an attorney to appear as the Attorney of Record in a case, form EOIR-28 (Notice of Appearance as Attorney of Record) must be filed with the Immigration Court. A certificate of service, including a copy to the appropriate Chief Counsel, must accompany the EOIR-28, in conformance with the requirements of 8 CFR and the Immigraton Court Practice Manual. Until an EOIR-28 is filed, an attorney will not receive notification from the Court regarding an immigration case.

If an attorney appears on behalf of another practitioner or if an attorney is substituting for another attorney from the same law firm, please refer to the information provided in the Immigraton Court Practice Manual.

Detained Aliens and Requests for Bond Redetermination
Bond redetermination requests should be made to the Court in writing. The A number must be provided in order for a bond redetermination hearing to be scheduled. As much information as possible should be provided to the Court when filing a request for bond redetermination (place of custody, nationality, language requirements, special circumstances, etc.). Requests should be made as far in advance as possible. Bond redetermination hearings 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."

Motions

The Immigration Court may entertain motions only in cases in which it has jurisdiction. There is no official form for filing a motion before the Immigration Court. Motions must comply with all the requirements set forth in 8CFR and the Immigraton Court Practice Manual. Motions must state with particularity the grounds on which the motion is based. In addition, motions must identify the relief or remedy sought by the filing party.

When multiple motions are filed, the motions should be accompanied by a cover letter listing the separate motions. In addition, each motion must include a cover page and comply with the deadlines and requirements for filing. Parties are strongly discouraged from filing compound motions which are motions that combine two separate requests.

For more information on specific types of motions, please refer to the Immigraton Court Practice Manual.


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 guidelines below.


Review of Record of Proceedings
Requests to review a record of proceeding (including any audio tape/digital audio recordings made in the case) must be made in writing. A request form is available in the Court waiting room. Access to files is limited. Please contact the Immigration Court for further information.


Telephonic Appearances:

• Requests for telephonic appearances must be made in writing and received by the court no later than two (2) days before the hearing date.
• Your request must include the telephone number to be dialed for appearances on the day of the hearing.
• You may call the Court before the day of the hearing to see if your request has been granted.
• If the Judge grants your request for a telephonic appearance, the individual needs to be available from the start time of the hearing until whenever the Judge calls him or her.
• Please note that cases having an attorney telephonic appearance are called towards the end of a master-calendar docket. Please do not call the Court on the day of your hearing to inquire when the Judge will be calling. The Court staff will not interrupt the Judge when court is in session.
• The Judge will make the call to the telephone number provided on your written request.

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