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). 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 1/2 x 11 paper unless otherwise permitted by the Immigration Judge. All filings including requests for continuances and extensions, minute orders, bond redetermination request, notices of appearance, and applications must be presented to the court receptionist for filing. DOCUMENTS SHOULD NOT BE SUBMITTED DIRECTLY TO THE IMMIGRATION JUDGE.
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 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 a filing by mail (with the exception of Form I-589) or personal service if it conforms to the requirements of 8 CFR. Filings before the Immigration Court requiring a fee must include an Department of Homeland Security (DHS) fee receipt or a request for a fee waiver.
THE IMMIGRATION COURT DOES NOT ACCEPT FEES
The DHS is located across the street from the Immigration Court at 2901 Metro Drive. Application fees are paid at the lower level (basement) and documents for the DHS Office of District Counsel may be filed on the 1st floor (Suite 100). Please keep an extra copy of any documents submitted to the DHS for fee stamping. The Court will accept a copy of each fee-stamped document, provided that it is received by the Court prior to the deadline established by the Immigration Judge. Such documents must include proof of service (see the sample Certificate of Service in this packet) on the DHS District Counsel. Please note that the DHS does not provide fee receipts for mailed documents, unless the sender includes a request for a fee receipt, as well as a self-addressed, stamped envelope.
In addition to the filing requirements outlined in 8 CFR, all documents must be two-hole punched at the top, with a table of contents and all pages numbered consecutively. Please refer to the Immigration Court Practice Manual for all filing requirements.
Applications should include the following items:
| 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 FD-258, Fingerprint Card | > Original fingerprints FD-258, Fingerprint Card |
| > 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 FD-258, Fingerprint Card | > Original fingerprints FD-258, Fingerprint Card |
| > 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:
Immigration Court
Executive Office for Immigration Review
7850 Metro Parkway, Suite 320
Bloomington,MN 55425
The mailing address for the DHS District Counsel's Office is:
DHS / U.S. Immigration & Customs Enforcement / Office of Chief Counsel
2901 Metro Drive, Suite 100
Bloomington, MN 55425
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 District Counsel, must accompany the EOIR-28, in conformance with the requirements of 8 CFR. 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 and specifies this on the EOIR-28, the attorney for whom the appearance is made will continue to be considered the attorney of record provided that he or she has already submitted an EOIR-28 to the Court.
Detained Aliens and Requests for Bond Redetermination:
Bond redetermination requests can be made to the Court orally or 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 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:
A motion will be decided no earlier than ten days after it has been received by the Court to provide response time for the opposing party. (A motion to reopen will be decided no earlier than thirteen days.) Telephonic motions will not be considered.
Filing a motion for a change of venue does not excuse the parties from appearing at a scheduled hearing. If a motion to change venue is filed less than two weeks prior to the hearing date, the motion should be accompanied by a request for a continuance, pending a decision on the motion. In such cases, if the continuance is granted, the case will be rescheduled, and will remain on calendar until the motion is decided.
Requests for Continuances and Extensions:
Either party seeking postponement of a scheduled hearing or an extension of time to file documents with the Court shall file a written request and an 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 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.
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
5201 Leesburg Pike, Suite 1300
Falls Church, VA 22041
| 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 |