REMOVAL PROCEEDINGS

Defending respondents in immigration removal proceedings.

DHS' Burden to Prove Alienage

DHS' Burden to Prove Alienage is by "Clear, Unequivocal and Convincing Evidence"The First Circuit...

Immigration Court Generally

General information about Immigration Court

Jurisdiction & Commencement of Proceedings

8 CFR § 1003.14 Jurisdiction and commencement of proceedingsTitle 8 Chapter V Subchapter A Part ...

Legal Citations in EOIR

Legal Citations GenerallyWhen filing papers before EOIR, parties should keep in mind that accurat...

Immigration Court

ECAS: https://case-access.eoir.justice.gov/casedetailsAutomated Case Status System: https://acis....

Applications for Relief

Applications for Relief from Removal

ASYLUM (defensive)

REGULATIONS 8 CFR §1208.4 Filing the application 8 CFR § 1208.4(a)(4) Changed Circumstances (i...

Form 42A, Cancellation of Removal for Permanent Residents

42A CANCELLATION OF REMOVAL Practice Advisory Helpful practice advisory with information ab...

Motions

Motions in EOIR, Immigration Court.

Motions Generally

MOTIONS IN IMMIGRATION COURTMotions to Reopen & Motions to Reconsider are NOT included in this m...

Motion to Continue

REGULATIONS A continuance may be granted for good cause pursuant to 8 C.F.R. §§ 1003.29, 1003.10(...

Motion to Administratively Close

Quick SummaryThe Attorney General overruled Matter of Castro-Tum in Matter of Cruz-Valdez in 2021...

Motion to Terminate

Motion to TerminateAs the Attorney General has stated, and as provided in the INA and Regulations...

Motion for Severance

BASICSThe Immigration Court Practice Manual states that it should be titled "Motion for Severance...

Motion to Withdraw

Motion to Withdraw as Attorney of RecordA motion to withdraw as counsel must comply with Matter o...

PROCEDURAL

Notice to Appear Pleadings Motion Practice Objections Timely Objections Time-Barred Relief o...

Service on ICE

In the Matter of: Respondent's Name ...

Notice to Appear (NTA)

The commencing of removal proceedings is the Department of Homeland Security's issuance of a Noti...

Objection to a Noncompliant NTA

Objection to A Defect in the NTAThe Board has held in Matter of Fernandes, 28 I&N Dec. 605, 610–1...

Remedy for Putative NTA

The Board of Immigration Appeals has determined that Homeland Security can “cure” a defective Not...

Legal Burdens & Determinations to be Made

Burden of Proof

APPENDIXSection 101 of the REAL ID Act of 2005, PL 109–13, 119 Stat. 231, 302–06 (boldface added ...

ECAS

The EOIR Courts & Appeals System (ECAS)

EOIR Courts & Appeals System (ECAS)

The EOIR Courts & Appeals System (ECAS) is part of an overarching information technology moderniz...

ALTERNATIVE OUTCOMES

Possible alternative outcomes in removal proceedings (not a removal order or approval of applicat...

Voluntary Departure

WARNING: Overstaying a voluntary departure period brings severe, unwaivable consequences.See Prac...

Reinstatement of Removal

Reinstatement of RemovalIf an alien is found to have reentered the United States illegally after ...

Termination of Proceedings

-> . /. See also Motion to Terminate.