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2.0

EOIR Acting Director provides guidance on notice of hearing procedures

  1. Original Date Announced

    September 12, 2025

    EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-46, “Notice of Hearings.” The PM establishes current EOIR procedures for providing a notice of hearing (NOH) to a noncitizen in removal proceedings after a Notice to Appear (NTA) has been issued. The PM cancels and replaces OPPM 97-2, which was issued under the Clinton administration, stating that the prior guidance has become "largely unnecessary."

    Among other things, the PM states that initial hearing dates for noncitizens in removal proceedings cannot be set earlier than 10 days after service of the NTA. The PM also provides that NOHs should generally be served on the noncitizen in person, whenever practicable. If the noncitizen is represented, their attorney will receive an electronic service notification of the NOH in the EOIR’s portal. The PM also outlines certain special considerations for detained noncitizens.

    The PM also admonishes judges to be cognizant that, should a respondent fail to appear for a hearing and the NTA/NOH sufficiently puts them on notice, the respondent must be ordered removed in absentia if removability is established.

    Trump 2.0 [ID #2018]

    2025.09.12 EOIR PM 25-46 - Updated Notice of Hearing Procedures
  2. Effective Date

    September 12, 2025

Current Status

None

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Agency Directive
Subject Matter: Hearings and Adjudications
Agencies Affected: EOIR

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To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com