Original Date AnnouncedDecember 1, 2020
Via Policy Memo 21-05, the EOIR Director revises the rules for master calendar hearings, specifically for respondents who are not detained and are represented.
Observing that most respondents in this group do not contest removability and that EOIR no longer requires applications for relief to be filed in court, the Director mandates that, in cases where a Form EOIR-28 is filed at least 15 days before the master calendar hearing, the hearing will be vacated. In lieu of the master calendar hearing, a scheduling order will be issued and will include deadlines for any written pleadings, evidence, and applications for relief. The parties will be given at least 45 days from the date of the vacated hearing to submit their filings (though the specific deadlines remain subject to the immigration judge’s discretion). Once filings have been completed, the immigration judge may proceed to issue an order or schedule the case for a merits hearing.
For non-detained, represented cases where the Form EOIR-28 is filed in less than 15 days of the master calendar hearing, the hearing will proceed as scheduled.
In recognition of the “opportunities for gamesmanship,” the memo warns that efforts to deceive the immigration judge about a respondent’s representation may constitute grounds for disciplinary action.
[ID# 1203]Enhanced Case Flow Processing in Removal Proceedings
Effective DateDecember 1, 2020
Subsequent Trump-Era and Court Action(s)
December 4, 2020
Immigrant Kids Now Facing Speeded-Up Deportation Proceedings Under New Trump Directive
Service providers report that the new "Enhanced Case Flow Processing" policy has resulted in immigration courts issuing scheduling orders with expedited filing deadlines.View Document
December 23, 2020
NIJC: Pro Bono Alert Without Any Warning, EOIR Changes the Filing Deadline for Merits Hearings
EOIR changed the standard 15-day filing deadline for non-detained merits hearings to a 30-day filing deadline. As a result, as of December 23, 2020, attorneys representing non-detained individuals in removal proceedings must file all pre-hearing documents 30 days prior to the merits hearing unless the immigration judge had set a different date.View Document
Biden Administration Action: Revoked/ReplacedApril 2, 2021
Policy Memo 21-17: Rescind and Cancel Policy Memorandum 21-05
This Biden administration policy revokes the Trump-era policy identified in this entry.
On April 2, 2021, the EOIR Acting Director issued Policy Memo 21-17, rescinding Policy Memo 21-05.View Document
Biden Administration Action: ModifiedApril 2, 2021
Policy Memo 21-18: Revised Case Flow Processing Before The Immigration Courts
This Biden administration policy modifies the Trump-era policy identified in this entry.
On April 2, 2021, the Chief Immigration Judge issued Policy Memo 21-18 on case flow processing, reinstating but relaxing some of the procedural changes made by Policy Memo 21-05 (e.g., allowing for written pleadings in lieu of a master calendar hearing but not requiring applications for relief to be filed up front).View Document
Biden Administration Action: ModifiedDecember 16, 2021
2021.12.16 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 Document
Current StatusPartially in effectApril 2, 2021
Acted on by Biden AdministrationApril 2, 2021
Acted on by Biden AdministrationDecember 16, 2021
Acted on by Biden Administration