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EOIR Policy Manual

EOIR Policy Manual
Part IV - OCAHO Practice Manual

3.2 - Filing and Service of All Other Pleadings

(a) Filing

Subject to the electronic filing requirements of paragraph (b) of this chapter, a party must file pleadings and documents (including all attachments) other than the complaint either: 

  • electronically through the Office of the Chief Administrative Hearing Officer’s (OCAHO) electronic filing application; or
  • by filing an original and two copies with the Administrative Law Judge (ALJ) assigned to the case.

If an ALJ has not yet been assigned to the case, pleadings and other documents should be filed with the Chief Administrative Hearing Officer (CAHO) through one of the two methods specified above.

(b) Methods of Filing

(1) Mandatory Electronic Filing. The Department of Homeland Security, the Department of Justice, and all attorneys or authorized representatives are required to electronically file all documents with OCAHO through OCAHO’s electronic filing application.

(2) Voluntary Electronic Filing. Unrepresented complainants and respondents may electronically file documents through OCAHO’s electronic filing application, but are not required to do so. However, if an unrepresented complainant opts to file a complaint or any other document using OCAHO’s electronic filing application in a particular case, the individual must electronically file all documents through OCAHO’s electronic filing application for the duration of that case, unless the presiding ALJ or the CAHO grants leave to opt out of electronic filing. 

(3) Filing by Mail. If an unrepresented complainant or respondent chooses not to file documents electronically pursuant to paragraph (b)(2) above, the individual must file all documents with OCAHO by mailing or otherwise delivering the documents to the following address: 
 
Office of the Chief Administrative Hearing Officer 
5107 Leesburg Pike 
Suite 2500 
Falls Church, VA 22041

If a party requests a returned copy of a mailed document filed with OCAHO, that party must provide an additional copy as well as a stamped, self-addressed envelope.

(c) Service of Pleadings

The appropriate method for service of filings with OCAHO depends on whether all parties to the case are using OCAHO’s electronic filing application.

(1) When All Parties Are Using the Electronic Filing Application. If all parties in a specific case are using OCAHO’s electronic filing application, the parties do not need to serve a document that is filed through OCAHO’s electronic filing application on the opposing party. The OCAHO electronic filing application will effectuate service by providing a notification of all electronically filed documents on all parties to a case by email. The filing party must include a certificate of service stating that all parties are using OCAHO’s electronic filing application and, therefore, no separate service was completed.

(2) When Not All Parties Are Using the Electronic Filing Application. If one or more parties in a specific case are not using OCAHO’s electronic filing application, or when the electronic filing application is unavailable, parties must serve a copy of all documents filed with OCAHO—except for the complaint—on all parties of record by one of the means specified in this paragraph, regardless of whether the document is filed electronically or in paper with OCAHO. The filing party must include a certificate of service that specifies the date and manner of service on the other party or parties. When a party is represented by an attorney, service must be made upon the attorney. Service under this paragraph may be made:

     (i) by personal delivery;

     (ii) by mailing a copy of the last known address of the party or representative; or

     (ii) by email, if the party being served has consented to receive electronic service of documents. 

(d) Email and Mailing Addresses

(1) Mailing Address. All parties and representatives are required to maintain a current address with OCAHO and to timely file a notice of change of address with the presiding ALJ (or with the CAHO if the case either has not yet been assigned to an ALJ or is under administrative review by the CAHO. Parties must also serve any such notice of change of address on all other parties of record.

(2) Valid Email Address. Use of OCAHO’s electronic filing application requires a valid email address for electronic service. OCAHO will use the email addresses provided by the parties when they register for the electronic filing application for electronic service on participating parties. Users must immediately update their electronic filing application account if their email addresses change. OCAHO will consider service completed when the electronic notification is delivered to the last email address on file provided by the user.

(e) Other Provisions Related to Electronic Filing 

(1) Unavailability of Electronic Filing Application. If OCAHO’s electronic filing application is unavailable due to an unplanned system outage on the last day for filing in a specific case, the filing deadline will be extended to the first day that the electronic filing application becomes accessible that is not a Saturday, Sunday, or legal holiday. For planned system outages, parties must electronically file documents during system availability within the applicable filing deadline, or paper or email file documents within the applicable filing deadline. EOIR will issue public communications for planned system outages ahead of the scheduled outage. Any planned system outage announced five or fewer business days prior to the start of the outage will be treated as an unplanned outage.

(2) Discretion To Accept Paper or Email Filings. The ALJs and the CAHO retain discretion to accept paper or email filings in all cases.

(3) Originals. Parties who file documents using OCAHO’s electronic filing application must make the originals of all filed documents available to OCAHO or the opposing party for review upon request.

(4) Classified Information. Notwithstanding any other provisions of the OCAHO Practice Manual, classified information is never allowed to be electronically filed.

(5) Signatures on Electronically Filed Documents. All documents filed electronically with OCAHO must have either an original, handwritten ink signature; an encrypted, digital signature; an electronic signature; or a conformed signature. This paragraph is subject to the signature requirements of the application or document being submitted.

(6) Misuse of Electronic Filing Application. OCAHO retains the right to suspend a user’s access to the OCAHO electronic filing application for repeated misuse or abuse of the system.