1.6 - Public Inquiries

(a) Communications Generally

All inquiries to any immigration court or to the BIA must contain or provide the following information for each alien:

    (1) Complete name (as it appears on the charging document or petition);

    (2) Alien Registration Number, if applicable;

    (3) Type of proceeding (removal, deportation, exclusion, bond, visa petition, etc.);

    (4) Date of the upcoming master calendar or individual calendar hearing before the immigration court, if relevant; and

    (5) The completion date, if the immigration court proceedings have been completed, if applicable.

See also Part II, Chapter 3.3(c)(6) (Cover Page and Caption), Part III, Chapter 3.3(c)(6) (Cover Page and Caption), Appendix E (Sample Cover Page). If a party has more than one case before the immigration courts or the BIA, the inquiry must specify which case is the subject of the inquiry.

Callers must bear in mind that EOIR staff, including IJs, ALJs, and AIJs, cannot engage in ex parte communications. As a result, no party may speak directly with an immigration judge, ALJ, board member, or other staff assigned to a given case when the other party is not present. For this reason, the BIA does not reveal to the public the names of the members or other staff assigned to a pending case. Individuals must serve a copy of all written communications about a case on the opposing party.

Given the volume and the varying complexity of the cases before the immigration courts, the BIA, and OCAHO, EOIR staff cannot predict processing times upon request.

(b) Press Inquiries and Requests for a Speaker

All inquiries from the press or requests from organizations for speakers should be directed to the EOIR, Office of Policy, Communications and Legislative Affairs Division. For contact information, see Appendix A (EOIR Directory).

On occasion, external organizations (governmental and non-governmental) desire to have an EOIR representative officially participate in a speaking capacity at a meeting or event. To seek an EOIR speaker, requestors should send an email request to CLAD. This email request should include the date, time, and location of the meeting or event, the title or focus of the meeting or event (including website link, if applicable), a list of other potential speakers, a description of the expected audience, and the topic to be addressed by EOIR. This process applies whether the requestor seeks an EOIR representative from an immigration court or agency headquarters. Requestors should submit speaking engagement requests at least four weeks in advance of the meeting or event.

(c) Telephone Calls

    (1) Automated Case Information Hotline - The Automated Case Information Hotline (1-800-898-7180 or 240-314-1500 or TDD 800-828-1120) provides information about the status of cases before the immigration courts or the BIA. See Appendix A (EOIR Directory), Appendix H (Telephonic Information). The Automated Case Information Hotline contains a telephone menu (in English and Spanish) covering most kinds of cases. The caller must enter the alien registration number of the alien involved. A-Numbers have nine digits (e.g., A 234 567 890). Formerly, A-Numbers had eight digits (e.g., A 12 345 678). In the case of an eight-digit A-Number, the caller should enter a zero before the A-Number (e.g., A 012 345 678).

         (A) For cases before the immigration courts, the Automated Case Information Hotline contains information regarding:

              (i) the next hearing date, time, and location;

              (ii) in cases with a processing clock, the elapsed time and status of the case processing clock; and

              (iii) immigration judge decisions.

         (B) For cases before the immigration courts, the Automated Case Information Hotline does not contain information regarding:

              (i) bond proceedings; or

              (ii) motions.

         (C) For cases before the BIA, the Automated Case Information Hotline contains information regarding:

              (i) appeals of most Immigration Judge decisions;

              (ii) briefing deadlines; and

              (iii) filing instructions.

         (D) For cases before the BIA, the Automated Case Information Hotline does not contain information regarding:

              (i) bond, interlocutory, and visa petition appeals;

              (ii) motions before the BIA;

              (iii) appeals of motions to reopen or to reconsider; or

              (iv) remands from a federal court to the BIA.

    (2) BIA Telephonic Instructions and Procedures System - The BIA also maintains a second telephonic system, available at 703-605-1007, known as the Board of Immigration Appeals Telephonic Instructions and Procedures System, which contains recorded answers to commonly asked questions, including how to file an appeal, motion, brief, change of address, or other document with the BIA. See Appendix A (EOIR Directory), Appendix H (Telephonic Information). When the recorded information does not adequately answer the question, pressing zero for the operator connects the caller with the BIA clerk’s office staff.

    (3) Live Assistance - Individuals may direct inquiries that the Automated Case Information Hotline cannot answer to the Communications and Legislative Affairs Division in the Office of Policy or to the BIA clerk’s office. See Appendix A (EOIR Directory). Callers must be aware that EOIR prohibits all staff from providing any legal advice and that the caller may not construe information provided by any immigration court, OCAHO, or BIA staff members as legal advice.

(d) Mail

Individuals must address all items sent through the U.S. Postal Service, by courier, by overnight delivery, or via hand-delivery to the specific immigration court or to the BIA’s street address. See Part II, Chapter 3.1(a)(5) (Filings); Part III, Chapter 3.1(a)(3) (Where to file); Appendix A (EOIR Directory). An attention line indicating the intended recipient, if the sender knows the name or office, should appear at the appropriate location on the mailing label or form. EOIR advises the parties to submit all complex inquiries in writing whenever possible and appropriate.

(e) Electronic Communications

    (1) Website - EOIR maintains a website at www.justice.gov/eoir. See Appendix A (EOIR Directory). The website contains information about the immigration courts, OCIJ, OCAHO, the BIA, and the other components of EOIR.

    (2) Internet Immigration Information (I³) - Internet Immigration Information (I³) is a suite of EOIR web-based products that includes eRegistry, eFiling, and eInfo. You may access eRegistry on EOIR’s website. Once registered, eRegistry users may electronically file certain documents and view certain information about the cases for which the registered user has filed a Notice of Entry of Appearance as an Attorney or Representative before the immigration court or the BIA. Parties should consult the website for instructions and more information.

    (3) Electronic Registry (eRegistry) - Attorneys and fully accredited representatives who are authorized to appear before EOIR must electronically register with EOIR in order to practice before the immigration courts or the BIA. See 8 C.F.R. § 1292.1(f). eRegistry is the online process that is used to electronically register with EOIR. A list of frequently-asked questions, with corresponding answers, is available on the EOIR website.

    (4) Electronic Filing (eFiling) - Both the immigration courts and the BIA accept some electronic submissions. The agency is more than halfway complete in full implementation of the EOIR Case and Appeals System, a system that provides for attorneys and representatives of record to submit filings electronically. All immigration courts and the BIA continue to accept the Notice of Entry of Appearance as an Attorney or Representative Before the Immigration Court (Form EOIR-28) and the Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals (Form EOIR-27), respectively. See Part II, Chapter 2 (Appearances Before the Immigration Court); Part III, Chapter 2 (Appearances Before the Board). More information about this ECAS and the eFiling initiative can be found on the EOIR website.

OCAHO is conducting a voluntary pilot program that allows parties in enrolled cases before OCAHO to file and serve case documents by email. More information about OCAHO’s email filing pilot can be found on the EOIR website.

    (5) Electronic Case Information (eInfo) - The Electronic Case Information, or eInfo, is a web-based product available through ECAS that provides information about the status of cases before an Immigration Judge or the BIA. The information provided by eInfo is similar to that which is available by telephone via the Automated Case Information Hotline but provides more extensive information and a copy of the BIA decision and underlying Immigration Judge decision, when available. At this time, however, eInfo is available only to registered attorneys and fully accredited representatives, who may view clients’ information using their EOIR ID for those cases in which they have entered a Notice of Appearance.

    (6) Email - Neither the immigration courts nor the BIA accepts inquiries by email, except for email generated through the I³ suite of web-based products. In rare emergency circumstances, email filings may be accepted at certain immigration courts following public notice of such capability.

    (7) Faxes - The immigration courts and the BIA do not generally accept faxes or other electronic transmissions sent directly without prior authorization. See Part II, Chapter 3.1(a)(7) (Faxes), Part III, Chapter 3.1(a)(5) (Faxes). However, the BIA may accept faxes that are sent to a third party and then hand-delivered under certain circumstances. See Part III, Chapter 3.1(a)(5) (Faxes). OCAHO accepts faxes only in certain limited circumstances. See Part IV, Chapter 3.2(d) (Filing by Facsimile).

(f) Emergencies, Expedite Requests, Requests to Advance Hearing Dates

If circumstances require urgent action by an Immigration Judge or the BIA, parties should follow the procedures set forth in Part II, Chapter 5.10(b) (Motion to advance), Part II, Chapter 8 (Stays), Part III, Chapter 6 (Stays and Expedite Requests), as appropriate.