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LOCAL OPERATING PROCEDURES OFFICE OF THE IMMIGRATION JUDGE
BOSTON, MASSACHUSETTS
Procedure 1: General
All matters shall proceed at the time and date scheduled for hearing.
Parties shall be prepared to go forward with their cases at that time.
Procedure 2: Filing Procedure
In addition to complying with 8 C.F.R. 3.29 and 3.30, all documents and applications
for consideration by an Immigration Judge shall be two-hole punched at the top of the
page with holes 2 3/4" apart. All exhibits and documents in support of a motion or
claim shall be paginated and shall have as a first page a table of contents with page
number identification. The use of exhibit tabs with letter designations is
recommended where necessary. Papers not properly complying shall be rejected.
Procedure 3: Motions for Change of Venue
In addition to complying with 8 C.F.R. 3.19, 3.22(a) and 3.30, all written motions for
change of venue shall contain the respondent s plea to the allegations and charge(s)
contained in the charging documents; a designation of a country
in the event of deportation or a refusal to designate such country; the relief,
from deportation or exclusion, if any, to be sought by the respondent or applicant;
the date and time of the scheduled hearing before the Immigration Judge; and the
name of the Immigration Judge if any hearings have occurred prior to the filing
of the motion to change venue.
Procedure 4: Withdrawal/Substitution of Representation
A. Withdrawal of representation shall
be requested by a written or oral
motion to withdraw
addressed to the Immigration Judge to whom the matter
is assigned setting
forth:
1. The
reason(s) for the request to withdraw;
2. That
a good faith effort was made to find alternate representation for
the client, reciting the specific efforts made, or that a list of
legal
services programs and organizations was provided to the client;
3. That
the client was notified of the scheduled hearing(s) before the
Immigration Judge of the necessity of appearing at such hearing; and
of the consequences of failure to appear.
B. Substitution of representation
shall be requested by written or oral motion
addressed to the
Immigration Judge to whom the matter is assigned accompanied
by a Form EOIR-28,
Notice of Entry of Appearance, completed by the attorney or
representative to be
substituted.
Procedure 5: Continuance of Individual Calendar Hearings
A request for a continuance of an Individual Calendar Hearing shall, except in an
emergency situation, be made and filed with the Office of the Immigration Judge
no later than ten (10) calendar days before the date of the scheduled hearing and
shall be upon written motion supported by affidavit, or declaration under penalty
of perjury, setting forth in detail the nature of the request and the reasons
therefor. The motion shall include the date and the time of the rescheduled
hearing, the alien s name and alien registration number, and the name of the
Immigration Judge before whom the matter is set. The request shall be rejected
unless all required information is provided. Unless notified by the Immigration
Judge that the motion for continuance has been granted, all parties must attend
the hearing and be prepared to proceed. This procedure does not apply to Master
Calendar Hearings.
Procedure 6: Pre-Hearing Motions
Except for emergency situations or for good cause shown and except as otherwise
ordered by the Court, all parties presenting pre-hearing motions relative to
cases scheduled for individual calendar hearings shall file such motions with
the Office of the Immigration Judge no later than ten (10) days prior to the
date set for individual calendar hearing. Any party opposing any such-prehearing
motion shall, no later than five (5) days following service of such motion, file
with the Court its written response to said motion. In the event no opposition
or response to such pre-hearing motion shall have been filed within the response
period, the motion shall be deemed unopposed.
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