Brian Counihan

For non-detained individual calendar hearings, advance filings are generally due at least 30 days before the hearing and responses are due within 10 days after the original filing; detained-case deadlines are set by the immigration judge.

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.

Briefs, motions, and exhibits should use consecutive page numbers, and proposed exhibits or supporting documents should include a table of contents identifying page numbers.

All documents, including briefs, motions, and exhibits, should always be paginated by consecutive numbers placed at the bottom center or bottom right-hand corner of each page.

A witness list should identify each non-respondent witness, summarize the expected testimony, estimate its length, state the testimony language, and include a CV or resume for an expert.

A witness list should include the following information for each witness, except the respondent: the name of the witness; if applicable, the alien registration number (A number); a written summary of the testimony; the estimated length of the testimony; the language in which the witness will testify; and a curriculum vitae or resume, if called as an expert.

A respondent or practitioner should request an interpreter no later than 30 days before the hearing at which interpreter services will be needed.

The respondent or the respondent’s attorney / practitioner of record should request an interpreter no later than 30 days before the next hearing where the interpreter services will be needed.

Address the immigration judge as “Your Honor” or “Judge,” and stand when the judge enters and exits the courtroom.

The Immigration Judge should be addressed as either “Your Honor” or “Judge __.”

Except when questioning witnesses, direct oral argument and statements to the immigration judge rather than debating the opposing party.

All oral argument and statements made during a hearing must be directed to the Immigration Judge.

Only the immigration judge may record a hearing; practitioners of record may use silent electronic devices only for immediately relevant court business and subject to the judge’s control.

No device of any kind, including cameras, video recorders, and cassette recorders, may be used by any person other than the Immigration Judge to record any part of a hearing.

At an individual calendar hearing, be prepared to make opening and closing statements, raise evidentiary objections, present witnesses and evidence, and cross-examine opposing witnesses.

While the Immigration Judge decides how each hearing is conducted, parties should be prepared to:

If the hearing medium is uncertain or an internet-based hearing cannot be accessed, contact the hearing immigration court; unrepresented respondents default to in-person hearings.

Respondents who do not have a representative of record will always have a default hearing medium of in-person, regardless of the indication below.

Photographing or recording any part of an internet-based immigration hearing is prohibited and may result in penalties.

Photographing or recording through the internet to capture any part of the hearing is strictly prohibited and subject to possible penalties.