A. In addition to complying with 8 C.F.R. Section 3.23, all written pre-hearing motions shall
be accompanied by a proposed order in triplicate for signature by the Immigration Judge.
Proposed orders must conform to the format contained in Appendix F. All written pre-hearing
motions will be decided on the basis of the written record unless the Immigration Judge
determines that oral argument is necessary.
B. A written motion under this procedure or under 8 C.F.R. Section 3.23 must be responded
to by the opposing party within ten (10) days of being served in person, or within thirteen (13)
days if served by mail, by filing the response with the Immigration Court in Buffalo, New York.
Upon order of the court, for good cause shown, a different time may be set for responses to pre-
earing motions. PREHEARING MOTIONS NOT RESPONDED TO WILL BE DEEMED
UNOPPOSED (8 C.F.R. Section 3.23 (a))
C. Pursuant to 8 C.F.R. Section 3.32 (a), the parties must use a certificate of service that
conforms to the format in Appendix E. When correspondence is received by the court from
attorneys but without a certificate of service, the court routinely returns it to the attorney with a
form letter noting the deficiency. When correspondence is received by a pro se alien, the court
will provide a copy to the INS.
D. Motion to Withdraw/Substitute Representation
1.
Motions for withdrawal of representation shall be in writing to the assigned
Immigration
Judge setting forth:
a. The reason(s) for the withdrawal;
b. That a good faith effort was made to locate alternate representation with a
recitation of the specific efforts made, or that the New York State Bar
Association and Bar Association of Erie County telephone numbers were
provided to the client;
c. That the client was notified of the date, time, and place of any scheduled
hearing(s) before the Immigration Judge; of the necessity of appearing at
such hearing; and of the consequences of failure to appear.
2. Such motion must be filed no later than thirty (30) days prior to the next
Individual Calendar hearing date. No time limitation applies to Master Calendar
hearings. Motions not timely filed will only be granted by the Immigration Judge
for good cause shown.
3. Substituted counsel or representative shall forthwith file with the Immigration
Court a properly completed Form EOIR-28, Notice of Entry of Appearance.
E. Motions for Change of Venue
In addition to complying with 8 C.F.R. Sections 3.20 and 3.32 (a), all written motions for
change of venue shall contain the respondent s plea to the allegations and charge(s)
contained in the charging document; a designation of a country in the event of deportation
or a refusal to designate such a 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 2. Continuances
Parties seeking a continuance of any scheduled hearing before an Immigration judge shall
file a written motion for continuance no less than fifteen (15) calendar days prior to the scheduled
hearing. The motion shall set forth the reason(s) that the continuance is requested. 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. Motions for continuance within the fifteen
(15) day period prior to the hearing will be considered only in the discretion of the Immigration
Judge for good cause shown.
PROCEDURE 3. Trial Preparation
A. At the Master Calendar hearing, the parties shall be prepared as follows:
1.
Respondent/Applicant shall be prepared to respond to the
allegations
contained in the charging document.
2. Respondent/Applicant shall be prepared to indicate all applications
sought for relief from deportation or exclusion.
3. Respondent/Applicant shall submit motions for subpoenas pursuant to
Procedure 1 and in accordance with 8 C.F.R. Section 287.4.
4. Both parties shall be prepared to state (in hours) the estimated time
needed to present the case and request, if needed, the presence of an
interpreter at the Individual Calendar Hearing.
5. The Immigration and Naturalization Service (INS) shall be prepared to
state its position on all issues and applications for relief.
6. Time of Arrival. At present, all cases called for Master Calendar are
set for either 9:00 or 11:00 a.m. All aliens/attorneys must timely appear
at the court and signify their presence by signing in at the reception
window. If counsel wished to have his appearance waived, in addition to
the alien's, he may indicate such on any proposed order submitted to the
court. As a matter of courtesy, if attorneys appear at court and personally
sign in prior to the time set for their hearing, their cases will be called
first in the order of counsel appearance. Attorneys arriving later than the
time of the scheduled hearing will be called in the normal order of arrival
as reflected by the sign-in sheet.
B. In lieu of a personal appearance at the Master
Calendar hearing, appearance may be
entered as follows:
1. A written pleading by counsel for the respondent/applicant may be filed with the
Immigration Court. The written pleading must be in compliance with the written
pleading format at Appendix A ro B and must be coupled with a Motion to Waive
Presence at the Master Calendar hearing, pursuant to 8 C.F.R. Section 3.25. The
pleading and the Motion to Waive Presence must be filed no less than ten (10)
calendar days prior to the scheduled Master Calendar hearing. The motion must
be accompanied by a proposed order in compliance with the order format
approved by this Court. UNLESS SUCH ORDER IS SIGNED BY THE IMMIGRATION JUDGE.
THE RESPONDENT/APPLICANT'S PRESENCE IS NOT EXCUSED.
Additional matters may be set forth in the written pleading, supplementing the
written pleading format, in the discretion of the party submitting the pleading.
See Appendix of the Local Operating Procedures for the approved formats for the
written pleadings, the waiver of presence at the Master Calendar hearing, and the
proposed order.
2. A telephonic hearing request may be made in lieu of a personal appearance. Such
requests must be filed no less than ten (10) calendar days prior to the scheduled
Master Calendar hearing, and must be coupled with a Motion to Waive Presence
at the Master Calendar hearing, pursuant to 8 C.F.R. Section 3.25. The motion
must be accompanied by a proposed order in compliance with the order format
approved by this Court. UNLESS SUCH ORDER IS SIGNED BY THE IMMIGRATION JUDGE,
THE RESPONDENT/APPLICANT S PRESENCE IS NOT EXCUSED.
C. At the Individual Calendar hearing, both
parties shall be prepared to present all
remaining testimony and
evidence on all issues, including rebuttal.
PROCEDURE 4. 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 5. Filing Procedure
A. In addition to complying with 8 C.F.R. Section 3.32, all documents and applicants
submitted for consideration by an Immigration Judge shall be two-hole punched at the top and
center of the page with holes 2 3/4 inches 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 required for multiple
documents. Papers not properly complying shall be returned.
B. In addition to complying with 8 C.F.R. Sections 3.31 and 3.32, all proposed exhibits and
briefs must be filed with the Immigration Court no later than fifteen (15) calendar days prior to
the scheduled Individual Calendar hearing, unless otherwise authorized or directed by the
Immigration Judge. The court may refuse to accept late-filed documents by any party.
C. Furthermore, attorneys shall name all proposed witnesses they intend to bring to court and
provide a brief offering as to each witnesses. All proposed witness lists, along with the offer, must
be filed with the Immigration Court no later than fifteen (15) days prior to the scheduled
Individual Calendar hearing unless otherwise directed by the Immigration Judge, or where good
cause is shown. Failure to comply with this procedure may result in the court rejecting the
witnesses and also the documents, returning them to the originating party.
PROCEDURE 6. Pre-Trial Memorandum
Pursuant to 8 C.F.R. Sections 3.21 and 3.31, at the judge's discretion, parties may be
required to provide a per-trial memorandum.
