C.F.R. » Title 28 » CHAPTER I—DEPARTMENT OF JUSTICE › PART 68—RULES OF PRACTICE AND PROCEDURE FOR IMMIGRATION-RELATED ADMINISTRATIVE HEARINGS BEFORE OCAHO ADMINISTRATIVE LAW JUDGES

28 C.F.R. § 68.3

Service of complaints, notices, written orders, and decisions

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(a) Service of complaints, notices, written orders, and decisions shall be made by the Office of the Chief Administrative Hearing Officer or the Administrative Law Judge to whom the case is assigned either:

(1) By delivering a copy to the individual, party, partner of a party, officer of a corporate party, registered agent for service of process of a corporate party, or attorney or representative of record of a party;

(2) By leaving a copy at the principal office, place of business, or residence of a party;

(3) By mailing to the last known address of such individual, partner, officer, or attorney or representative of record; or

(4) By delivering a copy or providing notification by email to such individual, party, partner of a party, officer, registered agent for service of process, or attorney or representative of record of a party.

(b) Service of the complaint and notice of hearing is complete upon receipt by the addressee.

(c) In circumstances where the Office of the Chief Administrative Hearing Officer or the Administrative Law Judge encounters difficulty with perfecting service, the Chief Administrative Hearing Officer or the Administrative Law Judge may direct that a party execute service of process.

(d) In IMBRA cases, for mail service, service of the complaint and notice of hearing may be made at an address provided by the IMB or its representative or agent to the Department of Homeland Security, the Department of Justice, the State Department, or a State or local government for contacting the IMB, or at any other address (domestic or foreign) where the IMB is doing business.

[Dir. Order No. 04-2026, 91 FR 9995, Mar. 2, 2026, as amended by Dir. Order No. 08-2026, 91 FR 51582, Aug. 11, 2026]
Notes of Decisions
Cited in 2 cases, 1991–1994 · leading case: Gus Kirk v. U.S. Immigr. & Naturalization Serv. United States, 927 F.2d 1106 (9th Cir. 1991).
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Gus Kirk v. U.S. Immigr. & Naturalization Serv. United States, 927 F.2d 1106 (9th Cir. 1991). · cites it 3× “On April 28, 1989, a notice of hearing on complaint was served by mail upon the attorney, pursuant to 28 C.F.R. § 68.3 (a). 1 The notice of hearing was accompanied by a copy of the complaint, which incorporated the charges contained in the NIF.”
In re Dorn, 167 B.R. 860 (Bankr. S.D. Ohio 1994). “See, 28 CFR § 68.3 . Compensation for such services is provided through § 326(a) of the Bankruptcy Code which sets forth a formula for paying trustees for their services based upon funds collected and disbursed.”
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