The service of filings with the immigration courts depends on whether the documents are filed through EOIR's electronic filing application or in paper.
(a) Service of electronic filings. If all parties are using EOIR's electronic filing application in a specific case, the parties do not need to serve a document that is filed through EOIR's electronic filing application on the opposing party. If all parties are using EOIR's electronic filing application in a specific case, EOIR's electronic filing application will effectuate service by providing a notification of all electronically filed documents on all parties. Upon successful upload by one of the parties, EOIR will email a notification to the email addresses provided in paragraph (b) of this section. If one or more parties are not filing through EOIR's electronic filing application in a specific case, the parties must follow the service procedures in paragraph (c) of this section.
(b) Valid email address. Use of EOIR's electronic filing application requires a valid email address for electronic service. The immigration courts will use the email address provided through eRegistry for electronic service on participating parties. Users must immediately update their eRegistry account if their email address changes. Representatives must additionally file a new Form EOIR-28 with the immigration court if their email address changes. EOIR will consider service completed when the electronic notification is delivered to the last email address on file provided by the user.
(c) Service of paper filings. If electronic filing is not being used in a particular case, the party filing with the immigration court must serve a copy of the filing on the opposing party and include a certificate of service showing service on the opposing party with their filing. The immigration judge will not consider any documents or applications that do not contain a certificate of service unless service is made on the record during a hearing.
(d) Size and format of documents. Unless otherwise permitted by the immigration judge, all written material presented to immigration judges including offers of evidence, correspondence, briefs, memoranda, or other documents must be submitted on 8
1/2″ x 11″ size pages, whether filed electronically or in paper. The immigration judge may require that exhibits and other written material presented be indexed, paginated, and that a table of contents be provided.
[86 FR 70723, Dec. 13, 2021]
Notes of Decisions
United States v. Juan Bastide-Hernandez, 986 F.3d 1245 (9th Cir. 2021).
· cites it 2× “14 (a); and 8 C.F.R. § 1003.32 (a). The Executive Office of Immigration Review (“EOIR”) operating manual promulgated by the Office of the Chief Immigration Judge directs “that a NOH must be served in person ‘when practicable’ and otherwise may be served by mail; service by fax…”
United States v. Juan Bastide-Hernandez, 3 F.4th 1193 (9th Cir. 2021).
· cites it 2× “14 (a); and 8 C.F.R. § 1003.32 (a). The Executive Office of Immigration Review (“EOIR”) operating manual promulgated by the Office of the Chief Immigration Judge directs “that a NOH must be served in person ‘when practicable’ and otherwise may be served by mail; service by fax…”
Zulfigar Qureshi v. Alberto R. Gonzales, 442 F.3d 985 (7th Cir. 2006).
“” 8 C.F.R. § 1003.32 (a). Here, the NTA’s certificate of service failed to comply with this regulation because it contained no date of service.”
Rosales Vargas & Rosales Rosales, 27 I. & N. Dec. 745 (BIA 2020).
“Regarding the certificate of service, 8 C.F.R. § 1003.32 (a) (2019) states, “A certification showing service on the opposing party or parties on a date certain shall accompany any filing with the Immigration Judge unless service is made on the record during the hearing.”
Walid Aly Abola Ghounem v. John Ashcroft, 378 F.3d 740 (8th Cir. 2004).
“17(a) ("In any proceeding before an Immigration Judge in which the alien is represented, the attorney or representative shall file a Notice of Appearance on Form EOIR-28 with the Immigration Court and shall serve a copy of the Notice of Appearance on the [Immigration] Service as…”
Martin Campos-Luna v. Loretta Lynch, 643 F. App'x 540 (6th Cir. 2016).
· cites it 2× “1 (a) because, when he signed it, it lacked an immigration officer’s signature; and (2) the executed copy filed with the immigration court allegedly was never served on him in violation of 8 C.F.R. § 1003.32 (a). Both concerns relate to regulations that neither purport to…”
Nivelo Cardenas v. Garland, 70 F.4th 232 (5th Cir. 2023).
“Specifically, he as- serts subject matter jurisdiction did not exist because the Department of Hu- man Services (“DHS”) failed to simultaneously serve an NTA on him when DHS presented the NTA to the IJ, as required by 8 C.F.R. § 1003.32 (2000) and 8 C.F.R. § 1003.”
Thanh Nguyen v. William Barr (9th Cir. 2019).
“While the relevant regulations do not provide for electronic service of filings, see 8 C.F.R. § 1003.32 (a), Nguyen has not shown that DHS’s actions prejudiced him.”
Kwan Lee v. Eric Holder, Jr., 547 F. App'x 842 (9th Cir. 2013).
“” 8 C.F.R. § 1003.32 (a). The record appears to show actual knowledge by Lee of the NTA, and the record shows that service was accomplished on the record in open court, curing whatever defect may have existed.”
Dubobtsev v. Ashcroft, 118 F. App'x 7 (6th Cir. 2004).
“See 8 C.F.R. § 1003.32 . Petitioner has not provided a rebuttal of the presumption of proper delivery.”
— 8 C.F.R. § 1003.32(a) — 2 cases
Walid Aly Abola Ghounem v. John Ashcroft, 378 F.3d 740 (8th Cir. 2004).
“17(a) ("In any proceeding before an Immigration Judge in which the alien is represented, the attorney or representative shall file a Notice of Appearance on Form EOIR-28 with the Immigration Court and shall serve a copy of the Notice of Appearance on the [Immigration] Service as…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.