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U.S. IMMIGRATION COURT
SAN DIEGO OPERATING PROCEDURES
General
These rules are adopted under the authority of 8 C.F.R. Section 3.40 (1995) for the purpose
of facilitating the convenient, efficient, and orderly conduct of the business of the United
States Immigration Court, San Diego, California. These rules govern the procedures within
the jurisdiction of the United States Immigration Court, San Diego, California.
PROCEDURE 1. Readiness
1.1 All matters shall proceed at the time and the date scheduled for hearing. Parties shall be
prepared to go forward with their cases at that time and shall file a Record of Master Calendar
Appearance at each Master Calendar hearing.
PROCEDURE 2. Filing Procedures
2.1 All documents, applications, and written motions shall be filed by mail, in person or by
other delivery service at the public window of the Immigration Court during regular hours as
posted in the Immigration Court, or as otherwise ordered by the Immigration Judge.
2.2 In addition to complying with 8 C.F.R. Sections 3.31 and 3.32, all documents, applications,
and motions submitted by counsel for consideration by the Immigration Court shall be two-hole
punched at the top and center of the page with holes 2 3/4 inches apart.
2.3 If a document is smaller that 8 « x 11 inches, it must be taped ta an 8 « x 11 inch blank
sheet of paper. If the document is longer than 8 « x 11 inches, it shall be reduced in size
by photocopying or other appropriate means as authorized by the presiding Immigration Court
Judge.
2.4 Unless otherwise permitted by the Immigration Judge, all exhibits and documents exceeding
five (5) pages in length shall have as a first page an index. Each page of exhibits and
documents shall be identified with a page number identification in the lower right corner.
If, in addition to page numbering, exhibit tabs are used, they are to be placed at the right
side of the document or at the bottom of the document. A certificate of service on the
opposing party shall be attached as the last page of the documentation submitted, and such
certificate shall specifically describe the nature of the documents served. Any submission
not meeting these requirements will not be accepted for filing and will be returned to the
offeror.
2.5 All applications, motions, or documents must be filed by the date ordered by the
Immigration Judge. If no date has been ordered by the Immigration Judge, all materials
must be filed no later than Calendar hearing unless otherwise authorized by the Immigration
Judge. If a document is offered after the expiration of the filing deadline, or within
fifteen (15) days of the date of the hearing if no deadline was set, the document will not
be accepted unless supported by a declaration of counsel for the offeror or if not
represented, a declaration by the unrepresented party that the document is material and was
not available and could not have been discovered or presented by the filing deadline, or
for good cause shown as determined by the Immigration Judge.
Any objection to a proposed exhibit must be filed within ten (10) days of the filing of the
proposed exhibit. The objection must set forth the specific basis for the objection and be
supported with appropriate evidentiary materials.
2.6 Counsel shall provide a list of proposed witnesses intended to be called and a brief
statement of each witness s expected testimony. All proposed witness lists, along with the
statement, must be filed by the date ordered by the Immigration Judge. If no date has been
ordered by the Immigration Judge, the witness list must be filed no later than fifteen (15)
days prior to the scheduled Individual Calendar hearing unless otherwise authorized by the
Immigration Judge. If a witness list is offered after the expiration of the filing deadline,
or within fifteen (15) days of the date of the hearing if no deadline was set, the witness
may be precluded from testifying unless the witness list is supported by a declaration of
counsel for the offeror that the witness s testimony is material and was not available and
could not have been discovered or presented by the filing deadline.
Any objection to a proposed testimony of a witness must be filed within ten (10) days of the
filing of the proposed witness list. The objection must set forth the specific basis for
the objection and be supported with appropriate evidentiary materials.
PROCEDURE 3. Continuances
3.1 In addition to complying with 8 C.F.R. Sections 3.23 (a), 3.29, and 3.32, a request for
continuance of any scheduled hearing shall be made by written motion supported by an 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 time of the scheduled hearing,
and the alien's name and file number.
3.2 The motion shall be filed with the Immigration Court no later than fifteen (15) days prior
to the scheduled hearing. Motions submitted within fifteen (15) days of the hearing will be
considered only with the consent, and in the discretion of the Immigration Judge for good cause
shown. In accordance with 8 C.F.R. Sections 3.23 (a) - (b), and except as otherwise ordered by
the Immigration Judge, any party opposing a motion served in accordance with this provision
shall, no later than ten (10) days after the filing of the motion, file with court a written
response to said motion. Failure to timely respond shall result in the motion being deemed
unopposed.
3.3 Pendency of a motion for continuance does not excuse appearance at any scheduled hearing
addressed by the motion. Unless notified by the Immigration Court that the continuance has
been granted, all parties must attend the hearing prepared to go forward.
PROCEDURE 4. Motions
4.1 In addition to complying with 8 C.F.R. Section 3.23, all motions submitted prior to the
Individual Calendar hearing must be filed with the Court and served upon the opposing party
no later than fifteen (15) days prior to the scheduled Individual Calendar hearing unless
otherwise specified at the Master Calendar.
4.2 All motions submitted by counsel for consideration by the Immigration Judge must be
accompanied by a proposed order.
4.3 A motion submitted on a pre-decision basis must bear the name and file number of the case.
It must include the date and time of the upcoming Master or Individual Calendar hearing and
the name of the presiding Judge. The word MOTION shall be displayed in prominent letters
immediately below the case caption.
4.4 A motion submitted on a post-decision basis shall bear the case name, file number and the
phrase POST-DECISION MOTION shall be displayed in prominent letters below the caption.
If it is a motion to reopen or reconsider, it must comport with 8 C.F.R. Section 3.23 (b) and
the provisions cited therein. If applicable, it must indicate whether an appeal from the
decision was taken to the Board of Immigration Appeals.
4.5 In accordance with 8 C.F.R. Sections 3.23 (a) and (b), except as otherwise ordered by the
Immigration Judge, any party opposing a motion served in accordance with the provisions of 8
C.F.R. Sections 3.13 and 3.32 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 the motion being deemed unopposed.
4.6 Any motion not meeting the above requirement sill not be accepted for filing or
consideration, and will be returned to the filing party.
PROCEDURE 5. Withdrawal and Substitution of Counsel
5.1 Withdrawal of counsel is only by permission of the Immigration Judge assigned to the matter
in question. Withdrawal of representation shall be requested by written or oral motion
addressed to the Immigration Judge to whom the matter is assigned. The motion for withdrawal
shall set forth the following:
A. The reason(s) for request;
B. Evidence of the client s consent to withdraw, or a statement of why evidence of
such consent is unobtainable;
C. The current or last known address of the motion to withdraw;
D. All efforts made to notify the client of the motion to withdraw;
E. That the client has been notified of all outstanding deadlines in the case and of
the date, time and place of the next scheduled hearing in the matter; of the
necessity of meeting deadlines and appearing at scheduled hearings; and of the
consequences of failure to meet deadlines or appear at scheduled hearings.
5.2 Substitution of counsel shall be requested by written or oral motion accompanied by Notice
of Entry of Appearance on Form EOIR-28 completed by the attorney/representative assuming
representation in the matter. Such motion shall be accompanied by evidence that the client is
aware of the substitution or that a reasonable attempt has been made to make the client aware
thereof.
5.3 Counsel shall continue to be considered by the court as counsel or co-counsel of record
until a motion for substitution or withdrawal has been granted by the court.
PROCEDURE 6. Motions to Change Venue
6.1 In addition to complying with 8 C.F.R. Sections 3.20, 3.23(a), and 3.32, all motions for
change of venue submitted by counsel shall contain the respondent/applicant's plea to the
allegations and charge(s) in the charging document; the designation of a country in the
event of deportation or the declination to designate such a country; the relief, if any,
which the respondent/applicant will be requesting; the date and time of any scheduled
hearing; and a clear and detailed statement of the reasons for the request.
6.2 The pendency of a motion to change venue does not excuse appearance at the scheduled
hearing addressed by the motion. Unless the motion is granted in writing prior to the
hearing, the parties and their counsel will be expected to appear at the hearing
prepared to go forward.
6.3 Nothing in this procedure shall be construed to inhibit the Judge's authority to
waive the provisions of this procedure and address expeditiously motions to change venue in
custody cases.
PROCEDURE 7. Pre-hearing Statements or Briefs
7.1 A failure to abide by a briefing schedule set by the court can be deemed a waiver or
concession of the issues in question. The failure to file a pre-hearing statement directed
in accordance with 8 C.F.R. Section 3.21 may be deemed awaiver or concession of the issue
in question, and/or could result in the action directed by the pre-hearing order unless good
cause is shown for the failure to comply with the briefing schedule or file a pre-hearing
statement.
PROCEDURE 8. Trial Preparation
8.1 At the Master Calendar hearing, the parties shall be prepared as follows:
A. Respondent/Applicant shall be prepared to respond to the allegations and charges
in the charging document, and to concede or deny proper service of the charging document
and notice of the hearing.
B. Respondent/Applicant shall be prepared to indicate all forms of relief sought and
the country for removal purposes, if necessary.
C. Both parties shall be prepared to state, in hours, the estimated time needed to
present the case at the Individual Calendar hearing.
D. The Immigration and Naturalization Service shall be prepared to state its position
on all issues and applications.
8.2 At the Individual Calendar Hearing, both parties shall be prepared to present all
remaining testimony and evidence on all issues, including rebuttal.
PROCEDURE 9. Attorney/Representative's Change of Address
9.1 If an attorney/representative in any pending matter changes address, he or she shall advise the Immigration Court by a
written notification solely and specifically for that purpose.
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