LOCAL OPERATING PROCEDURES UNITED STATES IMMIGRATION COURT
ULSTER CORRECTIONAL FACILITY
NAPANOCH, NEW YORK

                                    
Rules of Procedure for Immigration Judge Proceedings are contained 
in 8 C.F.R., Part 3, Subsection C.  The following Local Operating 
Procedures are established as provided by these regulations.  These 
Local Operating Procedures apply to Immigration Judge Proceedings 
at the above referenced court, as well as to any other hearing 
locations assigned to this court by the Chief Immigration Judge.  
The Local Operating Procedures apply in addition to all provisions of
the Rules contained in 8 C.F.R., Part 3, Subsection C.

Rule 1: Pre-Hearing Motion Practice

All written pre-hearing motions shall be accompanied by a proposed order for signature by the Immigration Judge. Proposed orders must be in the format outlined in Appendix E. All written pre-hearing motions will be decided on the basis of the written record unless the Immigration Judge determines that oral argument is necessary. Written motions 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 Napanoch, New York. 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 will be deemed unopposed pursuant to 8 C.F.R. 3.23.

Rule 2: Hearings

A. All hearings shall proceed promptly on the date and time scheduled. Any delay caused by the respondent/applicant in appearing for such a hearing may result in the hearing being held in absentia. Any delay in the appearance of the attorney/representative of either party without satisfactory notification to the Immigration Court may, in the discretion of the Immigration Judge, result in the hearing being held in the absence of the attorney/representative. Attorney /representatives should be especially aware that public transportation to the Ulster Correctional Facility is sporadic and unreliable. Reliance by the attorney/representative on public transportation will not, in the absence of emergency situations, be satisfactory excuse for nonappearance by the attorney/representative. B. Telephonic Hearings are allowed at the Master Calendar proceeding in the direction of the immigration Judge, and upon the request of the Respondent/Applicant's attorney. Telephonic hearings at the Master Calendar are encouraged, and such requests will normally be granted in the absence of any contested matters to be resolved. Examples of contested matters which will not normally be litigated telephonically are denials of allegations or charges contained in the Order to Show Cause. Contested matters of this kind will best be handled by in-person appearance at the Immigration Court.

Rule 3: Motions

A. General: Except as otherwise directed by the Immigration Judge, or as specified herein in connection with the Motions for Continuance, Withdrawal or Substitution, motions shall be filed as soon as the reason for such request becomes known to the movant, but less than thirty (30) days prior to the scheduled Individual Calendar hearing date, with certification of service upon the opposing party. B. Change of Venue: A motion for a change of venue may contain the respondent/applicant's plea to the allegations and charge(s) contained in the charging document, and the relief(s) sought by the respondent/applicant. The Motion shall state the location of the requested venue. C. Opposition to motions other than motions for continuance: Except as ordered by the Immigration Judge, any party opposing a motion shall file a written response with the Immigration Court no later than ten (10) days after submission of such motion is unopposed if a timely response is not filed with the Immigration Court.

Rule 4: Continuances

Parties seeking a continuance of any scheduled hearing before the Immigration Court 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 Court that the motion for continuance has been granted, all partiesmust attend the hearing and be prepared to proceed. Motions for Continuance within fifteen (15) day period prior to the hearing will be considered in cases of emergency or unusual circumstance, and then, only with the consent, and in the discretion of the Immigration Judge for good cause shown.

Rule 5: Filing Procedure

A. In addition to complying with 8 C.F.R. 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 designations is recommended. B. In addition to complying with 8 C.F.R. Sections 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. Exceptions may be authorized by the Immigration Judge on a case-by-case basis. C. Parties seeking to submit documents during a hearing shall appear at that hearing with sufficient copies of such documents for the Record of Proceeding, and for service upon the opposing party. Copies will not normally be provided by the Immigration Court. D. Each party shall submit a list of proposed witnesses they intend to bring to court, and provide a brief offering as to each witnesses. The name, age, and relationship to the respondent/applicant should be provided for each proposed witness. All proposed witness lists, along with the offer, must be filed with the Immigration Court no later than ten (10) days prior to the Individual Calendar hearing, unless otherwise modified by the Immigration Judge, or for good cause is shown. Failure to submit the proposed witness list could result in the denial for entry of the witness by the New York Department of Corrections officials at the Ulster Correctional facility. E. Failure to comply with these rules, and those listed in 8 C.F.R. Sections 3.31 and 3.32, could result in the documents being returned to the party for noncompliance with the Court rules.

Rule 6: Notices of Appearance

Notices of appearance shall be entered on Form EOIR-28. All information required on form EOIR-28 including the date, shall be typed or clearly printed. A fixed address where the alien may be reached must be provided. If the alien is detained, a fixed address where the alien may be reached if released from custody must be provided, if known. Addresses must include ZIP Codes, and where applicable, apartment numbers. If the alien's address is in care of another person's residence, this must also be specified. An individual attorney or accredited representative will be recognized as attorney or representative of record in his/her own capacity. Attorneys acting of counsel to a firm or organization, or accredited representatives of organizations, shall provide the name and address of the firm or organization at which all notices affecting the case will be received, and the name of the person to whom such notices shall be directed.

Rule 7: Withdrawal/Substitution of Representation

A. Withdrawal of representation shall be by written or in-court oral motion to withdraw. Written requests shall be addressed to the Immigration Judge to whom the matter is assigned, or his/her substitute, and shall be served on the respondent, and the Service, and shall set forth: 1. The reason(s) for the request to withdraw; 2. The current or last known address of the client, and efforts made to notify the client of the motion to withdraw; and 3. That the client was notified of the scheduled hearing before the Immigration Judge; of the necessity of appearing at such hearing; and the consequences of any failure to appear, or, the efforts made to notify the client of the scheduled hearing and the results thereof. B. Substitution of representation shall be requested by written or oral motion, accompanied by a Form EOIR-28, Notice of Entry of Appearance, completed by the attorney or the representative to be substituted. C. Withdrawal and Substitution of Representations are not final until acted upon by the Immigration Judge. Parties are considered to continue to represent the Respondent/Applicant until officially excused by the Immigration Judge.

Rule 8: Trial Preparation

A. At the Master Calendar hearing, the parties shall be prepared as follows: 1. Respondent/Applicant shall be prepared to respond to the allegations contained in the charging document. 2. Respondent/Applicant shall be prepared to indicate all applications sought for relief from deportation. 3. Respondent/Applicant shall be prepared to state (in 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 proposition on all issues and applications for relief from deportation. B. In lieu of a personal appearance at the Master Calendar hearing, a written pleading by the Respondent/Applicant containing the information in 1-3 above, may be filed with the Immigration Court. The written pleading must be in compliance with the written pleading format at Appendix A of the Local Operating Rules. When such a pleading is filed sufficiently in advance to be acted upon by the Immigration Judge, it may be coupled with a Motion to Waive Presence at the Master Calendar hearing, pursuant to 8 C.F.R. Section 3.25. Such motion must be accompanied by a proposed order in compliance with the Order Format in Appendix C of the Local Operating Rules. Unless such order is signed by the Immigration Judge, the Respondent/Applicant's presence is required. C. At the Individual Calendar hearing, both parties shall be prepared to present all remaining testimony and evidence on all issues, including rebuttal.

Rule 9: Attendance at the Hearings

A. A photo-identification is required for entry into the Correctional Facility grounds. Attorney/Representatives are reminded that gate clearances must be obtained form the Facility officials before entry is permitted. A request for a gate clearance for the attorney or representative may be included on the same document used to provide the list proposed witnesses.

Rule 10: Attendance at Hearings

A. Due to the admission policies of the New York Department of Corrections children under the age of fourteen (14) will not be admitted to the Immigration Court located at the Ulster Correctional Facility, Napanoch, New York. Also a photo- identification is required for entry into the Correctional Facility grounds. Attorney/Representatives are reminded that gate clearances must be obtained form the Facility officials before entry will be permitted.

APPENDIX TO LOCAL OPERATING PROCEDURES TABLE OF CONTENTS

(A) Written Pleading (B) Motion to Waive Presence at Master Calendar hearing. (C) Order Waiving Appearance, Setting Due Date for applications, and Setting Trial Date. (D) Certificate of Service (E) Proposed Order Format

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW ULSTER CORRECTIONAL FACILITY UNITED STATES IMMIGRATION COURT NAPANOCH, NEW YORK

In the Matter of ) File No:___________ Respondent/Applicant ) In Deportation / Exclusion Proceedings WRITTEN PLEADING 1. Respondent/Applicant, through counsel, concedes proper service of the Order to Show Cause, dated _____. 2. Attorney for Respondent/Applicant has explained the rights set forth in 8 C.F.R. 242.16(b), and the consequence of failing to appear in Court as set forth in the Immigration and Nationality Act, Section 242 B. 3. Respondent/Applicant concedes the following allegation(s) ________________, and denies the following allegations_______________. 4. Respondent/Applicant concedes the following charges of deportability______________, and denies the following charges of deportability_______________. 5. In the event of deportation, Respondent/Applicant names __________ as the country to which deportation will be directed. 6. As relief from deportation, Respondent/Applicant 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/Applicant acknowledges that if the application(s) are not timely filed, the application(s) shall be deemed waived under 8 C.F.R. 3.30(c). 7. Counsel for the Respondent/Applicant estimates that _____ hours will be required to present the case. 8. It is requested that a __________ interpreter be provided. __________ ________________________ DATE Attorney/Representative for Respondent/Applicant I, __________ , attest to my full knowledge and under-standing of my rights set forth in 8 C.F.R. 242.16. I waive a further explanation of such rights by this Court. Further, I understand the consequences of failing to appear for a deportation hearing. I knowingly and voluntarily waive the oral notice required by the Immigration and Nationality Act, Section 242 B. Alternatively, I authorize this waiver by my attorney/representative. Finally, I understand that in accordance with 8 C.F.R. 3.15(c), if my address changes, I must notify the Court within 5 days of such change by filing out and mailing the EOIR-33 form. __________ ___________________ DATE Respondent/Applicant

Appendix A

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW UNITED STATES IMMIGRATION COURT NAPANOCH, NEW YORK

In the Matter of ) File No:___________ ) ) ) ) ) In Deportation/ Exclusion Proceedings Respondent/Applicant ) ________________________ ) 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/applicant, through counsel, requests a waiver of his/her appearance, and the appearance of counsel at the Master Calendar hearing scheduled for __________. DATE __________ ________________________ DATE Attorney/Representative for Respondent/Applicant

Appendix B

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW UNITED STATES IMMIGRATION COURT NAPANOCH, NEW YORK

In the Matter of ) File No:____________ ) ) ) ) In Deportation / Exclusion Proceedings Respondent/Applicant ) _________________________) ON BEHALF OF INS ON BEHALF OF RESPONDENT/ __________________ APPLICANT _____________________________

ORDER

Upon receipt of Motion to Waive Appearance and the Written Pleading, consistent with the Local Operating Rule # 8, the respondent/applicant's Motion to Waive Appearance at the Master Calendar Hearing is granted. The application(s) for relief must be filed within _____ days of this order. The hearing is set for the _____ day of _______, 199__, at ______a.m./p.m., at Ulster Correctional Facility. DONE AND ORDERED this ___ day of ________, 199__, at Napanoch, New York. ____________________ U.S. Immigration Judge

Appendix C

CERTIFICATE OF SERVICE

CASE NAME ________________________________________ CASE NO. __________________________________________ I HEREBY CERTIFY that on this ___ day of __________, 199__, I caused to be served the: (Describe the document(s) being served)________________________________________ (check)________by placing a true copy thereof in a selected envelope, with postage thereon fully prepaid, and causing the came 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 telefaxing, with acknowledgment of receipt 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__. ______________________

Appendix D

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW UNITED STATES IMMIGRATION COURT NAPANOCH, NEW YORK

In the Matter of ) File No:_____________ ) ) ) ) In Deportation / Exclusion Proceedings Respondent/Applicant ) _________________________) ON BEHALF OF INS ON BEHALF OF RESPONDENT/APPLICANT __________________ ________________________________________

ORDER (INSERT BODY OF THE ORDER)

DONE AND ORDERED this ___ day of ____________, 199__, at Napanoch, New York. _____________________ U.S. Immigration Judge

Appendix E