LOCAL OPERATING PROCEDURES
OFFICE OF THE IMMIGRATION JUDGE
PHILADELPHIA, PENNSYLVANIA

PROCEDURE 1. Pre-Hearing Motions Practice

A. In addition to complying with 8 C.F.R. Section 3.23, all written pre-hearing motions shall be accompanied by a proposed order for signature by the Immigration Judge. 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 determines that oral argument is necessary to make a determination on the motion. B. A written motion under this procedure or under 8 C.F.R. Section 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 Office of the Immigration Judge 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 time may be set for responses to pre-hearing motions not responded to will be deemed unopposed under 8 C.F.R. Section 3.23(a). C. Pursuant to 8 C.F.R. Section 3.30(a) the parties must use a certificate of service that conforms to the format in Appendix D to the Local Operating Procedures.

PROCEDURE 2. Continuances

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 cause shown.

PROCEDURE 3. Trial Preparation

A. At the Mater Calendar hearing, the parties shall be prepares 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 or exclusion. 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 position on all issues and applications for relief from deportation/exclusion. B. In lieu of a personal appearance at the Master Calendar hearing, a written pleading by the respondent/applicant containing the information in A.1-3 above may be filed with the Office of the Immigration Judge. The written pleading must be in compliance with the written pleading format in Appendix A of the Local Operating Procedures. 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 Procedures. Unless such order is signed by the Immigration Judge, the respondent/applicant'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. Parties shall beprepared to go forward with their cases at that time.

PROCEDURE 5. Filing Procedure

A. In addition to complying with 8 C.F.R. Section 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 when necessary. 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 Office of the Immigration Judge no later than ten (10) calendar days prior to the scheduled Individual Calendar hearing, unless otherwise authorized by the Immigration Judge. C. Furthermore, attorneys shall name all proposed witnesses they intend to bring to court and provide a brief offering as to each witness testimony. All proposed witness lists, along with the offer must be filed with the Office of the Immigration Judge 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. No Children

Children not in proceedings and under the age of fourteen (14) may not be admitted into the Court's proceedings and/or called as witnesses without advance permission by the Court. Additionally, children not in proceedings and under fourteen (14) should not be brought to the Office of the Immigration Judge by any respondent/applicant.