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EOIR Policy Manual

EOIR Policy Manual
Part I - Introduction

1.5 - Court and Headquarters Locations

(a) The Office of the Chief Immigration Judge

    (1) Headquarters - OCIJ, which oversees the administration of the immigration courts nationwide, is located at the EOIR headquarters in Falls Church, Virginia. See Appendix A (EOIR Directory). Access to OCIJ headquarters offices is limited to authorized personnel and their guests.

    (2) Immigration Courts and Hearing Locations - OCIJ employs Immigration Judges in immigration courts nationwide. A list of immigration courts is available in Appendix A (EOIR Directory) as well as on the EOIR website.

Immigration Judges sometimes hold hearings in alternate locations, such as designated detail cities where the caseload is significant but inadequate to warrant the establishment of a permanent immigration court. Immigration Judges also conduct hearings in DHS detention centers nationwide, as well as many federal, state, and local correctional facilities. Parties should file documents pertaining to hearings held in these locations at the appropriate location. See Part II, Chapter 3 (Filing with the Immigration Court).

In addition, Immigration Judges sometimes conduct hearings by video conference or, under certain conditions, by telephone conference. See Part II, Chapter 4.7 (Hearings by Video or Telephone Conference).

With certain exceptions, hearings before Immigration Judges are open to the public. See Part II, Chapter 4.9 (Public Access). For additional information on the conduct of immigration court hearings, see Part II, Chapter 4.12 (Courtroom Decorum), 4.13 (Electronic Devices).

(b) Board of Immigration Appeals

The offices of the BIA are located at the EOIR headquarters in Falls Church, Virginia. See Appendix A (EOIR Directory). With the specific exceptions made for the public information window and the Oral Argument Room, access is limited to authorized personnel and their guests. See Part III, Chapter 8 (Oral Argument).

(c) The Office of the Chief Administrative Hearing Officer

The offices of OCAHO are located at EOIR headquarters in Falls Church, Virginia. See Appendix A (EOIR Directory). Access to OCAHO headquarters offices is limited to authorized personnel and their guests. In cases arising under INA § 274B, “due regard shall be given to the convenience of the parties and the witnesses in selecting a place for a hearing.” 28 C.F.R. § 68.5(b). For cases arising under INA § 274A or 274C, the hearing shall be held “at the nearest practicable place to the place where the person or entity resides or to the place where the alleged violation occurred.” Id. OCAHO hearings are open to the public but may be closed by an ALJ “where to do so would be in the best interests of the parties, a witness, the public, or other affected persons.” 28 C.F.R. § 68.39(a).

(d) Inspection of the Record

         (1) Parties - Parties to a proceeding, and their representatives, may inspect the official records of proceedings by prior arrangement with the immigration court or the BIA clerk’s office, whichever has control over the record. Part II, Chapter 1.5(c) (Records), Part III, Chapter 1.5(d) (Records). Parties may review the entire record, except any classified information or documents under a protective order. EOIR prohibits the removal of records by parties or other persons. For information about obtaining copies of the records, including through FOIA request, see Chapter 1.5(d)(3)(C) (Copies of the Record) (below). 

         (2) Non-parties - Persons or entities who are not party to a proceeding must file a request for information pursuant to the Freedom of Information Act (FOIA) in order to inspect the record. See Part I, Chapter 2 (Freedom of Information Act).

         (3) Copies of the Record

              (A) Parties - Both the BIA and the immigration courts have the discretion to provide up to 25 pages of the record without charge, subject to the availability of court or clerk’s office resources. The immigration court may additionally provide parties with a copy of the hearing recordings. Parties may obtain a copy of any portion of the record that is not prohibited to the party (e.g., classified information, documents under a protective order). Neither the immigration courts nor the BIA provide self-service copying. Alternatively, the parties can file a request for information pursuant to the Freedom of Information Act (FOIA) to request a complete copy of the record or the recorded hearing(s). See Part I, Chapter 2 (Freedom of Information Act).

Immigration court – Digital Audio Recordings: Immigration Judges record immigration court hearings digitally. If a party requests a copy of a hearing that was recorded digitally, the party must submit that request in writing, and the court will provide the compact disc, at the court’s discretion. Alternatively, parties can file a request under FOIA to request a copy of the recorded hearing. See Part I, Chapter 2 (Freedom of Information Act).

Immigration court – Cassette Tape Recordings: Immigration Judges previously recorded immigration court hearings on cassette tapes. If a party requests a copy of a hearing that was recorded on cassette tapes, the party must provide the court with a sufficient number of 90-minute cassette tapes in order to obtain the recording. The party must submit that request in writing, and the court will provide the cassette tapes, at the court’s discretion. Alternatively, parties can file a request under FOIA to request a copy of the recorded hearing. See Part I, Chapter 2 (Freedom of Information Act).

              (B) Non-parties - Neither the immigration courts nor the BIA clerk’s office will provide non-parties with copies of any official record, whether in whole or in part. Non-parties must file a request for information under FOIA. See Part I, Chapter 2 (Freedom of Information Act).

              (C) Confidentiality - EOIR must balance the public’s need for information with the protection of persons who appear before the immigration courts and the BIA. Both the immigration courts and the BIA take special precautions to ensure the confidentiality of cases involving applicants for asylum, for withholding of removal under INA § 241(b)(3), and for relief under the Convention Against Torture; reasonable fear proceedings; battered alien spouses and children; exclusion proceedings; classified information; and information subject to a protective order. See, e.g., 8 C.F.R. § 1003.27(c); see also Part II, Chapter 4.9 (Public Access), Part III, Chapter 8.5 (Public Access).

EOIR takes steps to identify records of proceedings involving battered spouses or children to prevent unauthorized disclosure.] EOIR keeps all records of proceedings involving battered spouses closed to the public unless the battered spouse authorizes the disclosure, and all records of proceedings involving battered children are always excluded from disclosure. See 8 C.F.R. § 1003.27(c).

[1] Department of Justice employees who, without authorization, willfully use or disclose information related to proceedings involving a battered spouse or child to anyone (other than a sworn officer or employee of the Department of Justice for legitimate Department purposes) may be subject to disciplinary action and a civil money penalty of up to $5,000. INA § 384(c), 8 U.S.C. § 1367(c).