3.6 - Form of the Proceedings

(a) In General – An Immigration Judge may conduct removal hearings:

• in person

• by video conference

• by telephone conference, except that evidentiary hearings on the merits may only be held by telephone if the respondent consents after being notified of the right to proceed in person or by video conference

See INA § 240(b)(2), 8 C.F.R. § 1003.25(c).  

Upon the request of the respondent or the respondent’s practitioner of record, the Immigration Judge has the authority to waive the appearance of the respondent and/or the respondent’s practitioner of record at specific hearings in removal proceedings.  See 8 C.F.R. § 1003.25(a).  See also Chapter 3.14(m) (Waivers of Appearances).   

(b) Location of Parties – Where hearings are conducted by video or telephone conference, the Immigration Judge, the respondent, the Department of Homeland Security attorney, and the witnesses need not necessarily be present together in the same location.

(c) Procedure – Hearings held by video or telephone conference are conducted under the same rules as hearings held in person.

(d) Filing – For hearings conducted by video or telephone conference, documents are filed at the immigration court having administrative control over the Record of Proceedings.  See Chapter 2.1(a) (Filing).  The locations from which the parties participate may be different from the location of the immigration court where the documents are filed.  If in doubt as to where to file documents, parties should contact the immigration court.