|
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW OFFICE OF THE IMMIGRATION JUDGE
HOUSTON, TEXAS
PROCEDURE 1. General
A. All matters shall proceed at the time and date scheduled for
hearing.
Parties shall be prepared to go forward
with their cases at the
appointed time.
PROCEDURE 2. Filing Procedures
All documents and applications shall be filed at the public window of the Office
of the Immigration Judge during regular business hours as posted in the Office
of the Immigration Judge or as otherwise ordered by an Immigration Judge. All
copies of documents and applications specifically for the trial attorneys shall
be mailed directly to them, or placed in the box provided on the office door.
In addition to complying with 8 C.F.R. 3.29 and 3.30, all documents and
applications shall be two-hole punched at the top of the page with holes 2 3/4
inches apart. All exhibits and documents exceeding five (5) pages in length
shall be paginated and shall have as a first page a table of contents with page
number identification. Thus use of exhibit tabs with letter designations is
required. Nonconforming documents will not be accepted for filing by the court
clerk. All proposed exhibits and briefs must be filed with the Office of
Immigration Judge no later than ten (10) calendar days prior to the scheduled
individual calendar hearing unless otherwise authorized by the Immigration Judge.
PROCEDURE 3. Continuances of Master and Individual Calendar Hearings
Parties seeking a continuance of any scheduled Individual Calendar Hearing before
an Immigration Judge shall file a written motion for continuance no less than ten
(10) calendar days prior to the scheduled hearing. The motion shall include the
case name or respondent/applicant's name and file number, the name of the
Immigration Judge before whom the matter is set, and 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 ten-day period prior
to the hearing will be considered only in the event of a bonafide emergency.
PROCEDURE 4. Motions to Change 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/applicant's plea to
the allegations and charge(s) contained in the charging document; the
designation of a country in the event of deportation or a declaration to
designate such a country; the relief, if any, which respondent/applicant will
be requesting at the court; the date and time of any scheduled hearing; the
reasons for the request, and the name of the Immigration Judge before whom any
hearing may have occurred prior to the filing of the motion to change venue.
PROCEDURE 5. Opposition to Motions
In accordance with 8 C.F.R. 3.22, except as otherwise ordered by the Immigration
Judge, any party opposing a motion served in accordance with the provisions of
8 C.F.R. 3.13 and 3.30 shall, no later than ten (10) days after the filing of the
motion, file with the court a written response to said motion. Failure to timely
respond shall result in a finding that the motion is unopposed.
PROCEDURE 6. Withdrawal/Substitution of Representation
A. Withdrawal of representative shall be requested by a written or oral
motion to withdraw addressed to the Immigration Judge to whom the matter
is assigned, and shall set forth the following:
1. The reason(s) for the request to withdraw;
2. Evidence of the client s consent to withdraw, or a statement of
why such consent is unavailable;
3. The current or last-known address of the client; and
4. A statement as to whether or not the client was advised of any
currently scheduled hearings and, if not, the efforts made to contact
and notify the client.
B. Counsel shall continue to be considered by the court as counsel of record
unless a request to withdraw has been approved by the court.
C. Substitution of representative shall be requested by written or oral
motion addressed to the Immigration Judge to whom the matter is assigned,
accompanied by a Form EOIR Form 28 (Notice of Entry of Appearance of
Attorney or Representative) completed by the attorney or representative
to be substituted.
D. Motions to withdraw/substitute counsel shall be made at least twenty (20)
days prior to the scheduled hearing date. If made after that time, such
motions will be denied absent extenuating circumstances.
|