Date AnnouncedDec. 21, 2018
Pursuant to the Director's Policy Memo 19-08, EOIR will now provide dates and times to DHS for use on Notices to Appear (NTAs) for certain non-detained cases, in accordance with the Supreme Court's decision in Pereira v. Sessions. The memo states that the three DHS components that can issue NTAs -- CBP, ICE, and USCIS -- all have access to EOIR's Interactive Scheduling System (ISS).
EOIR will now reject all NTAs with facially incorrect dates (i.e., falling on a holiday, weekend, or date or time when the assigned court is not open). If an NTA is not filed with the immigration court in time for the date and time of the hearing it references, EOIR will classify that case as a "failure to prosecute." With respect to any case filed within 10 days of the date and time on the NTA, it is left to the IJ's discretion whether the case will go forward per the NTA or will be reset.
[ID #198]View Policy Document
Effective Date of ChangeJan. 31, 2019
Subsequent ActionAugust 31, 2018 Matter of Bermudez-Cota, 27 I&N Dec. 441 (BIA 2018)
- New Policy Document
Subsequent Action Document