EOIR Practice Manual 2.1 — Delivery and Receipt

2.1 - Delivery and Receipt

(c) (Must be “Timely”). The immigration court does not observe the “mailbox rule.” Accordingly, a document is not considered filed merely because it has been received by the U.S. Postal Service, commercial courier, detention facility, or other outside entity.

Immigration Court proceedings only, not BIA or OCAHO. Preserve chapter-specific proceeding limits. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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2.1 - Delivery and Receipt

- All required postage or shipping fees must be paid by the sender before an item will be accepted by the immigration court. When using a courier or similar service, the sender must properly complete the packing slip, including the label and billing information. The immigration court does not pay postage due or accept mailings without sufficient postage. Further, the immigration court does not accept items shipped by courier without correct label and billing information.

Immigration Court proceedings only, not BIA or OCAHO. Preserve chapter-specific proceeding limits. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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2.1 - Delivery and Receipt

- Filings sent through the U.S. Postal Service or by courier should be sent to the immigration court’s street address. Hand-delivered filings should be brought to the immigration court’s public window during that court’s filing hours. Street addresses and hours of operation for the immigration courts are available in on the

Immigration Court proceedings only, not BIA or OCAHO. Preserve chapter-specific proceeding limits. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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2.1 - Delivery and Receipt

- Filings pertaining to unrelated matters should not be enclosed in the same envelope. Rather, filings pertaining to unrelated matters should be sent separately or in separate envelopes within a package.

Immigration Court proceedings only, not BIA or OCAHO. Preserve chapter-specific proceeding limits. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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2.1 - Delivery and Receipt

- For master calendar hearings involving unrepresented, non-detained aliens, filings must be submitted at least fifteen (15) days in advance of the master calendar hearing if requesting a ruling at or prior to the hearing. Otherwise, filings may be made either in advance of the hearing or in open court during the hearing. When a filing is submitted at least fifteen (15) days prior to a master calendar hearing, the response must be submitted within ten (10) days after the original filing with the immigration court. If a filing is submitted less than fifteen days prior to a master calendar hearing, the response may be presented at the master calendar hearing, either orally or in writing.

Immigration Court proceedings only, not BIA or OCAHO. Preserve chapter-specific proceeding limits. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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2.1 - Delivery and Receipt

— In proceedings in which the Form EOIR-28 is filed at least fifteen (15) days prior to a master calendar hearing, the hearing will be vacated. The Immigration Judge will issue a scheduling order that establishes the deadline(s) by which the parties must submit written pleadings and any evidence related to the charge(s) of removability.

Immigration Court proceedings only, not BIA or OCAHO. Preserve chapter-specific proceeding limits. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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2.1 - Delivery and Receipt

In proceedings in which the Form EOIR-28 is filed less than fifteen (15) days prior to the master calendar hearing, or at the master calendar hearing itself, the practitioner of record and the respondent must appear at the scheduled hearing. If needed, the Immigration Judge will issue a scheduling order at the master calendar hearing.

Immigration Court proceedings only, not BIA or OCAHO. Preserve chapter-specific proceeding limits. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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2.1 - Delivery and Receipt

The parties generally will be given thirty (30) days from the date of the vacated hearing to submit written pleadings and any evidence related to the charge(s) of removability. Responses to the filings specified above should be filed within twenty (20) days after the original filing with the immigration court.

Immigration Court proceedings only, not BIA or OCAHO. Preserve chapter-specific proceeding limits. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

Source page 1

2.1 - Delivery and Receipt

If the Immigration Judge finds that removability has been established, the court will issue a scheduling order establishing the deadline for the submission of any applications for relief or protection from removal and supporting documents. The deadline will generally be sixty (60) days from the date of the order finding removability, unless otherwise ordered by the Immigration Judge. Failure to abide by the deadlines set by the Immigration Judge for the filing of applications may result in a finding that all applications for relief have been abandoned. A request for a master calendar hearing or an extension of the deadlines for filing should be made by written motion. See

Immigration Court proceedings only, not BIA or OCAHO. Preserve chapter-specific proceeding limits. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

Source page 1

2.1 - Delivery and Receipt

Where a master calendar hearing is held in a case involving a non-detained, represented respondent, filings must be submitted at least fifteen (15) days in advance of the hearing if requesting a ruling at or prior to the hearing. Otherwise, filings may be made either in advance of the hearing or in open court during the hearing. When a filing is submitted at least fifteen days prior to a master calendar hearing, the response must be submitted within ten (10) days after the original filing with the immigration court. If a filing is submitted less than fifteen (15) days prior to a master calendar hearing, the response may be presented at the master calendar hearing, either orally or in writing.

Immigration Court proceedings only, not BIA or OCAHO. Preserve chapter-specific proceeding limits. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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2.1 - Delivery and Receipt

- For individual calendar hearings involving unrepresented, non-detained aliens, filings must be submitted at least thirty (30) days in advance of the hearing. This provision does not apply to exhibits or witnesses offered solely to rebut and/or impeach. Responses to filings that were submitted in advance of an individual calendar hearing must be filed within ten (10) days after the original filing with the immigration court. Objections to evidence may be made at any time, including at the hearing.

Immigration Court proceedings only, not BIA or OCAHO. Preserve chapter-specific proceeding limits. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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2.1 - Delivery and Receipt

— For individual calendar hearings involving represented, non-detained aliens, amendments to applications for relief, additional supporting documents, updates to witness lists, and other such documents must be submitted at least thirty (30) days in advance of the individual calendar hearing. This provision does not apply to exhibits of witnesses offered solely to rebut and/or impeach. Responses to filings must be filed within ten (10) days after the original filing with the immigration court. Objections to evidence may be made at any time, including at the hearing.

Immigration Court proceedings only, not BIA or OCAHO. Preserve chapter-specific proceeding limits. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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2.1 - Delivery and Receipt

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).

Immigration Court proceedings only, not BIA or OCAHO. Preserve chapter-specific proceeding limits. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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2.1 - Delivery and Receipt

- Affirmative asylum applications referred to an immigration court by the DHS Asylum Office are contained in the Record of Proceedings. Therefore, there is no need for the alien to re-file the application with the immigration court. After being placed in immigration court proceedings, the alien may amend his or her asylum application. For example, the alien may submit amended pages of the application, as long as all changes are clearly reflected. Such amendments must be filed by the usual filing deadlines, provided in subsections (b)(1) and (b)(2), above. The amendment should be accompanied by a cover page with an appropriate caption, such as “AMENDMENT TO PREVIOUSLY FILED ASYLUM APPLICATION.” See

Immigration Court proceedings only, not BIA or OCAHO. Preserve chapter-specific proceeding limits. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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2.1 - Delivery and Receipt

- Appeals must be received by the Board of Immigration Appeals no later than 30 calendar days after the Immigration Judge renders an oral decision or provides a written decision either by mail or electronic notification.

Immigration Court proceedings only, not BIA or OCAHO. Preserve chapter-specific proceeding limits. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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2.1 - Delivery and Receipt

- Pursuant to statute or regulation, a filing may be due within a specific period of time following an Immigration Judge’s decision. For example, appeals, motions to reopen, and motions to reconsider must be filed within such deadlines.

Immigration Court proceedings only, not BIA or OCAHO. Preserve chapter-specific proceeding limits. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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2.1 - Delivery and Receipt

- Postal or delivery delays do not affect existing deadlines. Parties should anticipate all postal or delivery delays, whether a filing is made by first class mail, priority mail, or overnight or guaranteed delivery service. The immigration court does not excuse untimeliness due to postal or delivery delays, except in rare circumstances. See

Immigration Court proceedings only, not BIA or OCAHO. Preserve chapter-specific proceeding limits. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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2.1 - Delivery and Receipt

- A motion for an extension should be filed as early as possible, and must be received by the original filing deadline.

Immigration Court proceedings only, not BIA or OCAHO. Preserve chapter-specific proceeding limits. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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2.1 - Delivery and Receipt

- A motion for an extension should be filed with a cover page labeled “MOTION FOR EXTENSION” and comply with the requirements for filing. See

Immigration Court proceedings only, not BIA or OCAHO. Preserve chapter-specific proceeding limits. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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2.1 - Delivery and Receipt

— If a party believes that a master calendar hearing is necessary where a hearing has been vacated or none has been scheduled, the party must make a written motion for master calendar hearing. The motion should be filed with a cover page labeled “MOTION FOR MASTER CALENDAR HEARING” and comply with the requirements for filing. See

Immigration Court proceedings only, not BIA or OCAHO. Preserve chapter-specific proceeding limits. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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2.1 - Delivery and Receipt

- The Immigration Judge retains the authority to determine how to treat an untimely filing. Accordingly, parties should be mindful of the requirements regarding timely filings. See

Immigration Court proceedings only, not BIA or OCAHO. Preserve chapter-specific proceeding limits. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

Source page 1

2.1 - Delivery and Receipt

Untimely filings, if otherwise properly filed, are not rejected by immigration court staff. However, parties should note that the consequences of untimely filing are sometimes as follows:

Immigration Court proceedings only, not BIA or OCAHO. Preserve chapter-specific proceeding limits. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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2.1 - Delivery and Receipt

- If a party wishes the Immigration Judge to consider a filing despite its untimeliness, the party must make an oral or written motion to accept the untimely filing. A motion to accept an untimely filing must explain the reasons for the late filing and show good cause for acceptance of the filing. In addition, parties are strongly encouraged to support the motion with documentary evidence, such as affidavits and declarations under the penalty of perjury. The Immigration Judge retains the authority to determine how to treat an untimely filing. EOIR will maintain an ECAS Outage Log that will note planned and unplanned ECAS system outages. Planned system outages will not impact filing deadlines since these can be proactively addressed by the parties. If EOIR determines that an unplanned outage has occurred, filing deadlines that occur on the last day for filing in a specific case will be extended until the first day of system availability that is not a Saturday, Sunday, or legal holiday.

Immigration Court proceedings only, not BIA or OCAHO. Preserve chapter-specific proceeding limits. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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2.1 - Delivery and Receipt

- Natural or manmade disasters may occur that create unavoidable filing delays. Parties wishing to file untimely documents after a disaster must comply with the requirements of subsection (3), above.

Immigration Court proceedings only, not BIA or OCAHO. Preserve chapter-specific proceeding limits. Section-specific exceptions, waivers, later amendments and case orders remain applicable. This is a source excerpt, not an exhaustive statement of the rule.

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