U.S. Department
of Justice
Appx C - Deadlines
These tables are provided for general guidance only. To determine the particular deadlines in a given case, parties must consult the pertinent regulations and the text of this manual. Adjudicators have discretion to set deadlines for pre-decision filings. The construction of “day” is discussed at Part II, 3.1(c)(1) (Delivery and Receipt, Construction of “day”); Part III 3.1(b)(1) (Delivery and Receipt, Construction of “day”); Part IV, 3.4 (Time Computations).
Note that this table contains only the most common deadlines for filings before EOIR.
OCIJ Deadlines
| Filing | Deadline | Policy Manual Reference | |
| Changes of address or telephone number | Alien | 5 days after the alien’s change of address or telephone number. | Part II, 2.2(c)-(d) |
| Representative | Promptly. | Part II, 2.2(c)-(d) | |
| Filings in advance of master calendar hearing | Filings | 15 days before the hearing, if requesting a ruling (if alien is detained, deadline is determined by the immigration court) | Part II, 3.1(b)(1)
Part II, 3.1(b); 5.12 |
| Responses | 10 days after the filing is received by the immigration court (if alien is detained, deadline is determined by the immigration court) | ||
| Filings in advance of individual calendar hearing | Filings | 30 days before the hearing (if alien is detained, deadline is determined by the immigration court) | Part II, 3.1(b)(2)
Part II, 3.1(b)(2) |
| Responses | 10 days after the filing is received by the Immigration Court (if alien is detained, deadline is determined by the immigration court) | ||
| Asylum Applications | Defensive Applications | within one year after arrival to the United States[1] | Part II, 3.1(b)(3)(A) |
| Affirmative Applications | filed with DHS within one year after arrival to the United States* | Part II, 3.1(b)(3)(B) | |
Post-Decision Motions | Motions to Reopen | 90 days after a final administrative order by the immigration judge, with certain exceptions | Part II, 3.1(b)(4); 5.7 |
| Motions to Reconsider | 30 days after a final administrative order by the immigration judge | Part II, 3.1(b)(4); 5.8 | |
| Motions to Reopen in absentia Removal Order | 180 days after in absentia order, if based on exceptional circumstances | Part II, 3.1(b)(4); 5.9(d)(2)(A) | |
| at any time, if based on lack of proper notice | Part II, 3.1(b)(4); 5.9(d)(2)(B) | ||
BIA Deadlines
| Type of Filing | Deadline | Policy Manual Reference | |
| Changes of address or telephone number | Alien | 5 days after the alien’s change of address or telephone number. | Part III, 2.2(c)-(d) |
| Representative | Promptly | Part III, 2.2(c)-(d) | |
| Immigration Judge Decision Appeals | Notice of Appeal (Form EOIR-26) | 30 days of the decision being rendered orally or mailed | Part III, 4.5 |
| Appeal brief (by appealing party) | 21 days of the date of the briefing notice | Part III, 4.7(a) | |
| Response brief (by opposing party) | 21 days of the appealing party’s briefing deadline
21 days of the date of briefing notice if the appeal is filed by a detained alien | Part III, 4.6(h); 4.7(a)(1)
Part III, 4.6(h); 4.7(a)(2) | |
| Reply brief (by appealing party) | 21 days of the filing of the response brief, with motion 14 days of the expiration of the briefing schedule, if the appeal is filed by a detained alien, with motion | Part III, 4.6(f)
| |
| Cross appeal brief (by either party) | 21 days of the date of the briefing notice (both parties) | Part III, 4.7(a)(1) | |
| Motions before the BIA | Motion to reopen | 90 days of a final administrative order by the BIA, with certain exceptions | Part III, 5.6(c) |
| Motion to Reconsider | 30 days of a final administrative order by the BIA | Part III, 5.7(c) | |
| Motion brief | filed with motion | Part III, 5.4 | |
| Response brief | 13 days of the date of service of the motion brief | Part III, 5.4 | |
| Bond Appeals | Appeal of Immigration Judge Decision | 30 days of the decision being rendered orally or mailed | Part III, 7.3(a)(2)(A) |
| Appeal of DHS Decision | 10 days of the date of the DHS decision | Part III, 7.3(a)(2)(B) | |
| Discipline Cases | Response to a Notice of Intent to Discipline | 30 days from the date of service of the Notice of Intent to Discipline | Part III, 11.7(b) |
| Motion to Set Aside Default Order | 15 days after date of service of default order | Part III, 11.7(b)(2) | |
| Appeal of Final Order of Discipline | 30 days of the decision being rendered orally or mailed | Part III, 11.7(d) | |
| Fines Appeals | DHS Fine Decision | 15 days after date of mailing of the DHS decision | Part III, 10.3(b)(3) |
| Visa-related Appeals | Visa petition denial | 30 days after service of the decision or mailed | Part III, 9.3(c)(3) |
| Visa revocation | 15 days after service of the revocation notice | Part III, 9.4(c) | |
| Visa revalidation denial | 30 days after service of the decision | Part III, 9.5 | |
OCAHO Deadlines
| Type of Filing or Document | Deadline* | Policy Manual Reference |
| Application by non-attorney to represent a party before OCAHO | 10 days after receipt of the Notice of Case Assignment | Part IV, 2.5(b)(2) |
| Answer to a complaint | 30 days after service of the complaint | Part IV, 3.5(a); 4.1(a) |
| Response to a motion | 10 days after service of the motion | Part IV, 4.1(b); 4.2(d) |
| Request for continuance of a scheduled hearing | No later than 14 days prior to the date of the scheduled hearing | Part IV, 4.6(b) |
| Motion for summary decision | If motion is filed by complainant, no fewer than 30 days after receipt of the complaint by the respondent If motion is filed by either party, no later than 20 days prior to the date of a scheduled hearing | Part IV, 4.9
Part IV, 4.9 |
| Answers and objections to written interrogatories** | 30 days after service of the interrogatories | Part IV, 5.2(c) |
| Answers to requests for production or inspection** | 30 days after service of the request | Part IV, 5.3(c) |
| Responses to requests for admissions** | 30 days after service of the request | Part IV, 5.4(b) |
| Notice of deposition (for depositions taken within the continental United States)** | At least 10 days in advance of the date and time of the deposition | Part IV, 5.5(b) |
| Notice of deposition (for depositions taken outside the continental United States)** | At least 20 days in advance of the date and time of the deposition | Part IV, 5.5(b) |
| Petition to revoke or modify a subpoena | 10 days after service of the subpoena | Part IV, 5.6(f) |
| Response to a petition to revoke or modify a subpoena | Eight days after receipt of the petition to revoke or modify a subpoena | Part IV, 5.6(f) |
| Motion for corrections to transcript of a hearing | 10 days after receipt of the transcript by the administrative law judge | Part IV, 6.5(c) |
| Additional documents or evidence after the record of hearing is closed | 20 days after the close of the hearing | Part IV, 6.6(b) |
| Post-hearing briefs and proposed orders | 20 days after the filing of the official hearing transcript | Part IV, 6.7 |
| Request for administrative review of an interlocutory order | 10 days after the date of entry of the interlocutory order | Part IV, 8.1(c) |
| Briefs related to a request for administrative review of an interlocutory order | 21 days of the date of entry of the interlocutory order | Part IV, 8.1(d) |
| Request for administrative review of a final order | 10 days of the date of entry of the final order | Part IV, 8.2(b) |
| Briefs related to a request for administrative review of a final order | 21 days of the date of entry of the final order | Part IV, 8.2(b) |
*The administrative law judge may, in his or her discretion, extend or modify some of the deadlines contained in this table. Additionally, the administrative law judge may establish specific date deadlines for certain filings in a case. Furthermore, if a party must take some action within a prescribed period after the service of a document, and the document is served by ordinary mail, five days will be added to the prescribed period. This five-day additional response period does not apply if a specific date deadline is otherwise specified by the CAHO or the ALJ, and does not apply if the response time is based on the date of entry of an order rather than on the date of service.
** Unless otherwise ordered by the administrative law judge, parties should not file requests for discovery or answers or responses thereto with the administrative law judge. The deadlines listed here are the deadlines for submitting a response to the requesting party, not to OCAHO. Of course, petitions and motions relating to discovery must be filed with the administrative law judge and served on the opposing party.
[1] An alien filing an application for asylum should be mindful that the application must be filed within one year after the date of the alien’s arrival in the United States, unless certain exceptions apply. INA § 208(a)(2)(B), 8 C.F.R. § 1208.4(a)(2).