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LOCAL OPERATING PROCEDURES
IMMIGRATION COURT
BALTIMORE, MARYLAND
PREAMBLE :
These rules are adopted under the authority of 8 C.F.R. §3.40 for
the purpose of facilitating the convenient, efficient, and orderly
conduct of the business of the United States Immigration Court in
Baltimore, Maryland. These rules govern the procedures within the
jurisdiction of the United States Immigration Court in Baltimore,
Maryland.
PROCEDURES 1. Pre-Hearing Motions Practice.
A. In addition to complying with 8 C.F.R. §3.23(a), the moving
party must submit a proposed order for signature by the Immigration
Judge with all written pre-hearing motions. Proposed orders must
conform to the format contained in Appendix E of the Local Operating
Procedures. All written pre-hearing motions will be decided on the
basis of the written record unless the Immigration Judge determined
the oral argument is necessary to make a determination on the motion.
B. A written motion under this procedure or under 8 C.F.R. §3.23
must be responded to by the opposing party within ten (10) days of
being served in person or within thirteen (13) days if served by mail,
by filing the response with the Immigration Court in Baltimore, Maryland.
Upon order of the Court, for good cause shown, a different time may be
set for responses to pre-hearing motions. All pre-hearing motions not
responded to in a timely manner will be deemed unopposed under 8 C.F.R.
§3.23(a).
C. Pursuant to 8 C.F.R. §3.23(a) the parties must use a certificate
of service that conforms to the format in Appendix D of the Local
Operating Procedures.
PROCEDURE 2. Continuances.
Pursuant to 8 C.F.R. §3.29, parties seeking a continuance of any
scheduled hearing before an Immigration Judge shall file a written
motion for continuance no less than fifteen (15) calendar days prior
to the scheduled hearing. The motion shall set forth the reason(s)
that the continuance is requested. Unless notified by the Immigration
Judge that the motion for continuance has been granted, all parties
must attend the hearing and be prepared to proceed. Motions for
continuance within the fifteen (15) day period prior to the hearing
will be considered only with the consent and in the discretion of the
Immigration Judge for good cause shown. Counsels are encouraged to
seek agreement on continuances prior to submitting the motion.
PROCEDURE 3. Trial Preparation.
A. At the Master Calendar hearing, the parties shall be
prepared as follows:
1. Respondent shall be prepared to respond to all allegations
contained in the charging document. See Appendix
A-2 for a
sample format.
2. Respondent shall be prepared to indicate all applications
sought for relief from immigration proceedings.
3. Respondent shall be prepared to state (in minutes or hours)
the estimated time needed to present the case at
the
Individual Calendar hearing.
4. The Immigration and Naturalization Service (INS) shall be
prepared to state its position on all issues and
applications
for relief from immigration proceedings.
B. In lieu of a personal appearance at the Master Calendar
hearing, a written pleading by the respondent
containing the
information in A. 1-3 above may be filed with,
and accepted
by, the Immigration Court at its discretion. The
written
pleading must comply with the written pleading
format in
Appendix A-1 of the Local Operating Procedures.
When the
pleading is filed sufficiently in advance to be
acted upon
by the Immigration Judge, it may be joined with a
motion
to waive presence at the Master Calendar hearing,
pursuant
to 8 C.F.R. §3.25. The motion must be
accompanied by a
proposed order in compliance with the order
format in
Appendix C of the local operating procedures.
Unless the
order is signed by the Immigration Judge, the
respondent’s
presence is not excused.
C. At the Individual Calendar hearing, both parties shall be
prepared to present all remaining testimony and
evidence
on all issues, including rebuttal.
PROCEDURE 4. General.
All matters shall proceed at the time and date scheduled
for hearing. The parties shall be prepared
to go forward
with their cases at that time.
PROCEDURE 5. Filing Procedures
A. In addition to complying with 8 C.F.R. §§3.31 and 3.32,
all documents and applications submitted for
consideration
by an Immigration Judge shall be two-hole punched
at the
top of the page with holes 2 3/4 inches apart.
All exhibits
and documents in support of a motion or claim
shall be
paginated and shall have as a first page a table
of contents
with page number identification. The use of
exhibit tabs
with letter designation is required.
B. In addition to complying with 8 C.F.R. §§3.31 and 3.32,
all proposed exhibits and briefs must be filed
with the
Immigration Court no later than ten (10) calendar
days
prior to the scheduled Individual Calendar
hearing,
unless otherwise authorized by the Immigration
Judge,
or where good cause is shown.
C. Furthermore, attorneys shall name all proposed witnesses
they intend to present to the Court and provide a
brief
proffer to each witness’ testimony to include
the estimated
length of the testimony and the language in which
the witness
will testify. All proposed witness lists,
and the proffers
must be filed with the Immigration Court no later
than ten
(10) days prior to the scheduled Individual
Calendar hearing,
unless otherwise modified by the Immigration
Judge, or where
good cause is shown.
PROCEDURE 6. Window Hours
The Immigration Court intake/filing window will be open to
receive documents from 8:00 am through 3:30 pm
each business
day. NO documents will be accepted after 3:30 pm.
The window
remains open until 4:30 pm for all other
purposes.
APPENDIX TO LOCAL OPERATING PROCEDURES
TABLE OF CONTENTS
APPENDIX A-1: Written Pleading.
APPENDIX A-2: Oral Pleading.
APPENDIX A-3: Frivolous Application and Failure to Appear Warnings.
APPENDIX B: Motion to Waive presence at Master Calendar hearing.
APPENDIX C: Order Waiving Appearance, Setting Due Date for
Applications, and Setting Trial Date.
APPENDIX D: Certificate of Service.
APPENDIX E: Proposed Order Format.
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
UNITED STATES IMMIGRATION COURT
BALTIMORE, MARYLAND
IN THE MATTER OF * IN REMOVAL PROCEEDINGS
*
NAME OF RESPONDENT * CASE #A
*
(RESPONDENT) *
WRITTEN PLEADING
1. Respondent, through counsel, concedes proper service of the Notice
to Appear, dated _________
2. Attorney for the respondent has explained:
a. The rights set forth in 8 C.F.R. §240.10(c);
b. The consequences of failing to appear in Court as set forth
in the
Immigration and Nationality Act (INA) §240(b)(5); and
c. The consequences of knowingly filing/making a frivolous
application
as set forth in the INA §208(d)(6).
3. Respondent concedes the following allegation(s)
_______________, __________________, and denies the
following allegation(s) ____________________, ____________________-.
4. Respondent concedes the following charges of removability
_______________, __________________, and denies the following
charges of removability.
5. In the event of removal, respondent names
_______________, __________________, as the country to which removal
should be directed.
6. As relief from removal, respondent will be filing application(s)
for ______________________
The application(s) shall be filed with the Court within thirty (30) days
of the date of this written pleading, unless otherwise directed by the
Court. Respondent acknowledges that if the application(s) are not timely
filed, the application(s) shall be deemed waived under 8 C.F.R. §3.31(c).
7. Counsel of the respondent estimates that ________ hours shall be
required to present the case.
8. It is requested that a _____________________ interpreter be provided.
__________________________ ________________________________
Date
Attorney/Representative
For Respondent
I, ___________________________, attest to my full knowledge and understanding
of my rights set forth in 8 C.F.R. §24.10. I waive a further explanation of
such rights by this Court. I have been advised of, and understand, the
consequences of knowingly filing a frivolous asylum application pursuant
to INA §208(d)(6). Further, I understand the consequences of failing to
appear for a removal proceeding or a scheduled date of departure. I
knowingly and voluntarily waive the oral notice required by the INA
§240(b)(7), alternatively, I authorize this waiver by my
attorney/representative.
Finally, I understand that in accordance with 8 C.F.R. §3.15(d), if my
address changes I must notify the Court within 5 days of such change by
completing and mailing the EOIR-33 form.
_____________________ _________________________________
Date
RESPONDENT
APPENDIX A-1
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
UNITED STATES IMMIGRATION COURT
BALTIMORE, MARYLAND
ORAL PLEADING
In order to move the large pleading calendar quickly and more efficiently,
it is required that counsels/representatives follow this format and be
prepared to make the following oral representations:
Upon commencement of the proceedings, the Court will recognize counsel
or accredited representative or record for the respondent. Notice of
Entry of Appearance must be submitted to the Court prior to the hearing.
COUNSEL TO THE COURT:
I, (attorney/accredited representative), (state your name), on behalf
of (state the name of your client), (do concede proper service of the
Notice to Appear) dated (state date of the NTA), and (waive a formal
reading thereof) (or) (wish to have the charging document read into
the record).
I represent to the Court that I have discussed with my client the
nature and purpose of these proceedings, discussed specifically the
allegations of facts and the charge(s) of removability, and further,
advised my client of his legal rights in removal proceedings.
I further represent to the Court that I have fully explained to my
client the consequences of failing to appear for a removal hearing
or a scheduled date of departure and the consequences of knowingly
filing any frivolous applications. My client knowingly and voluntarily
waives the oral notice required by INA §240(b)(7).
As to each of these points I am satisfied my client understands fully.
On behalf of my client, he/she enters the following plea before this Court:
1. Admits allegation(s) # ____________ to ________________ or
Denies allegation(s) # ____________ to ________________.
2. Admits the charge(s) of removability (or)
Denies the charge(s) of removability.
3. Seeks the following applications for relief from removal: (State
applications to include termination of
proceedings).
4. Requests until (state date to be filed) to submit such applications
to the Court with proper certification to the
District Counsel’s
office of the Immigration and Naturalization
Service (INS).
5. Represents to the Court that my client is prima facie eligible
for the relief stated herein.
6. Requests (time/hours) to present my client’s case in chief.
7. Lastly, my client designates (state name of country) as his/her
country of choice for removal if removal becomes
necessary.
BY AUTHORITY OF: _____________________________________
Baltimore Immigration Judge
U.S. Immigration Judge
Baltimore, Maryland
APPENDIX A-2
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
UNITED STATES IMMIGRATION COURT
BALTIMORE, MARYLAND
IMMIGRATION AND NATIONALITY ACT
§208(d)(4)(A) Notice of privilege of counsel and consequences of
frivolous application
At the time of filing an application for asylum, the Attorney
General shall --
(A) advise the alien of the privilege of being represented by
counsel and of the consequences, under paragraph (6) , of knowingly
filing a frivolous application for asylum... [emphasis added].
§208(d)(6) Frivolous Application
If the Attorney General determines that an alien has knowingly made
a frivolous application for asylum and the alien has received the
notice under paragraph (4)(A), the alien shall be permanently
ineligible for any benefits under this Act, effective as of the
date of a final determination. [emphasis added].
§240(b)(5) Consequences of Failure to Appear
Any alien who, after written notice required under paragraph (1)
or (2), of section 239(a) has been provided to the alien or the
alien’s counsel of record, does not attend a proceeding under
this section, shall be ordered removed in absentia if the Service
establishes by clear, unequivocal, and convincing evidence that
the written notice was so provided and that the alien is removable
(as defined in subsection (e)(2)). The written notice by the
Attorney General shall be considered sufficient for purposes of
this subparagraph if provided at the most recent address provided
under section 239(a)(1)(F).
§240(b)(7) Limitation on Discretionary Relief for Failure to Appear
Any alien against whom a final order of removal is entered in
absentia under this subsection and who, at the time of the notice
described in paragraph (1) or (2), of subsection 239(a), was
provided oral notice, either in the alien’s native language or in
another language the alien understands, of the time and place of
the proceedings and of the consequences under this paragraph of
failing, other than because of exceptional circumstances (as
defined in subsection (e)(1)) to attend a proceeding under this
section, shall not be eligible for relief under section 240A,
240B, 245, 248, or 249 for a period of 10 years after the date
of the entry of the final order of removal.
APPENDIX A-3
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
UNITED STATES IMMIGRATION COURT
BALTIMORE, MARYLAND
IN THE MATTER OF * IN REMOVAL PROCEEDINGS
*
NAME OF RESPONDENT * CASE #A
*
(RESPONDENT) *
MOTION TO WAIVE APPEARANCE AT MASTER CALENDAR HEARING
Upon completing and timely submitting the Written Pleading,
consistent with the Written Pleading format for this Court,
the respondent, through Counsel, requests a waiver of his/her
appearance and the appearance of Counsel at the Master Calendar
Hearing scheduled for _________________________.
________________________ ___________________________________
Date Attorney/Representative
For Respondent
APPENDIX B
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
UNITED STATES IMMIGRATION COURT
BALTIMORE, MARYLAND
IN THE MATTER OF * IN REMOVAL PROCEEDINGS
*
NAME OF RESPONDENT * CASE #A
*
(RESPONDENT) *
ON BEHALF OF RESPONDENT ON BEHALF OF INS
_______________________________________
___________________________________
ORDER
Upon receipt of Motion to Waive Appearance and the Written Pleading
consistent with Local Operating Procedure 3, the respondent’s Motion
to Waive Appearance at Master Calendar Hearing is granted. The
application(s) for relief must be filed within ________________
days of the order.
The hearing is set for the ______________day of
________________________________,
199______ at a.m./p.m., at ___________________________________________.
DONE AND ORDERED this ________________day of _____________________,
199_________, in Baltimore, Maryland.
__________________________________
U.S. Immigration Judge
Baltimore, Maryland
APPENDIX C
CERTIFICATE OF SERVICE
CASE NAME __________________________
CASE NO. _____________________________
I HEREBY CERTIFY that on this _____________day of __________________________,
199______, I caused to be served the:
__________________________________________________________________
_____________ by placing a true copy thereof in a sealed envelope,
with posted thereon fully prepaid and causing the same to be mailed
by first class mail to the person at the address set forth below.
_____________ by causing to be personally delivered a true copy
thereof to the person at the address set forth below.
_____________ by FEDERAL EXPRESS: AIRBORNE EXPRESS to the person
at the address set forth below.
_____________ by certified mail-return receipt requested to the
person at the address set forth below.
_____________ by regular mail to the person at the address set
forth below.
ADDRESS OF THE PERSON BEING SERVED
I declare under penalty of perjury that the foregoing is true and
correct. Executed on _________________, 199________.
____________________________________
(name in block letters)
APPENDIX D
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
UNITED STATES IMMIGRATION COURT
BALTIMORE, MARYLAND
IN THE MATTER OF * IN REMOVAL PROCEEDINGS
*
NAME OF RESPONDENT * CASE #A
*
(RESPONDENT) *
ON BEHALF OF RESPONDENT ON BEHALF OF INS
_______________________________________
___________________________________
ORDER
(INSERT BODY OF THE ORDER)
DONE AND ORDERED this _________________ day of ______________________,
199_______, in Baltimore, Maryland.
_______________________________
U.S. Immigration Judge
Baltimore, Maryland
APPENDIX E
(Provided courtesy of Emeterio G. Roa III, Esq.)
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