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Original Date Announced
January 13, 2021EOIR announces the release of a comprehensive Policy Manual web page, providing access to the BIA, Immigration Court, and OCAHO Practice Manuals, as well as to policy memoranda and other resource documents. Revisions to the BIA and Immigration Court manuals are made, and material is added for the Office of the Chief Administrative Hearing Officer. The current version of the Policy Manual page is available here.
Among the changes in agency practice captured in the consolidated manual:
- The default filing deadline for briefs and evidence in a non-detained merits hearings has been changed from 15 days to 30 days prior to the hearing, thus shortening the period to submit briefs and evidence.
- If the respondent is represented, amendments to applications for relief, additional supporting documents, updates to witness lists, and other such documents must be submitted at least 30 days in advance of the hearing.
(Note that these changes were largely unannounced and were not highlighted in the public release of the manual. The manual may authorize or contain other substantive changes in procedures that have not yet been identified or might depend on further analysis and implementation. Also note that, despite its considerable length, the Policy Manual has been made more difficult to search than its predecessor Practice Manuals, both of which had word and citation indexes and the option to download a searchable document.)
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EOIR Announces the Release of a Comprehensive Policy ManualEffective Date
January 13, 2021Biden Administration Action: Modified
March 22, 20212021.03.22 EOIR Policy Manual, Part III BIA Practice Manual, Chapter Four - Appeals of Immigration Judge Decisions, 4.7 - Briefing Deadlines
This Biden administration policy revokes one small part of the Trump-era policy identified in this entry.
On March 22, 2021, EOIR updated the BIA Practice Manual to remove the language saying motions to extend the briefing deadline filed the same day the brief is due are "particularly disfavored and granted only in the most compelling of circumstances."
View DocumentBiden Administration Action: Modified
December 16, 20212021.12.16 FILING DEADLINES IN NON-DETAINED CASES
This Biden administration policy revokes in part the Trump-era policy identified in this entry.
On December 16, 2021, EOIR Director David Neal issued a memorandum (DM 22-04) amending the filing deadline imposed by the Trump-era policy identified in this entry and then reimposed by PM 21-18. This memorandum returns the Immigration Court Practice Manual's shorter filing deadline of 15 days for non-detained cases. Under this practice, in non-detained cases, "amendments to applications, and other supplemental filings, can be submitted up to fifteen days before individual calendar hearings, unless the immigration judge specifies otherwise."
View DocumentCurrent Status
Partially in effectMost Recent Action
December 16, 2021 Action: Modified 2021.12.16 FILING DEADLINES IN NON-DETAINED CASESMarch 22, 2021Acted on by Biden Administration
December 16, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Hearings and AdjudicationsAgencies Affected: EOIRAssociated or Derivative Policies
- October 16, 2018 Update to BIA Practice Manual imposes page limits on briefs and motions, time limit on briefing extensions
- February 20, 2020 Update to Immigration Court Practice Manual imposes page limit on pre-trial briefs
- December 1, 2020 EOIR Director creates master calendar rules specifically for non-detained, represented cases
Documents
Trump-Era Policy Documents
Biden Administration Policy Documents
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Biden Administration Action
Original Source:
EOIR Policy Manual 4.7 - BRIEFING DEADLINES
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Biden Administration Action
Original Source:
FILING DEADLINES IN NON-DETAINED CASES
Commentary
NIJC: Pro Bono Alert Without Any Warning, EOIR Changes the Filing Deadline for Merits Hearings
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