Dallas EOIR is located in downtown Dallas, on the 10th floor of the Earle Cabell Federal Building. Individuals who need to enter EOIR spaces must wear a NIOSH-approved respirator or well-fitting KN95 mask.
Plaintiffs argue that the new Rule dramatically restricts immigration judges’ and the BIA’s ability to reopen or reconsider cases; alters the appellate review process; and drastically changes the schedule and manner for briefing.
Location
EOIR operates in a variety of settings across the country, including federal buildings and detention facilities. Those seeking to visit any building or facility where EOIR operates should familiarize themselves with any laws and policies that may govern access to the location in advance of their arrival.
During periods of elevated COVID-19 risk, individuals who test positive for the virus or are symptomatic must wear a mask when entering any EOIR space. This includes EOIR courtrooms, lobbies, hallways and waiting areas. Individuals must use a NIOSH-approved respirator, well-fitting KN95 mask or a surgical mask.
Immigration courts handle administrative proceedings involving cases arising from the violation of U.S. immigration law by non-US citizens. Immigration judges decide the cases and determine whether to remove a person from the United States or to grant asylum.
Courtrooms
Dallas has a number of courtrooms. Some have been reopened during the pandemic, and others remain on hold. In accordance with public health guidance, all individuals entering EOIR space (including courtrooms) must wear a mask unless they have a medical condition that precludes them from wearing one.
Asylum cases are a frequent focus of public concern, and a recent analysis by Reuters found that immigration judges differ widely in their rulings on asylum claims. The results support what advocates have long suspected: the type of judge and other personal circumstances of a case can significantly affect outcomes.
The court is currently rescheduling merits and non-detained cases that were on hold due to the pandemic. Lawyers should check the EOIR system frequently for schedule changes.
Rules of Conduct
EOIR operates in a variety of settings, including leased buildings, courtrooms, lobbies, hallways, and waiting areas. EOIR requires individuals to follow relevant laws and CDC policies governing the entry of people to EOIR spaces. When the COVID-19 community level is elevated, individuals who are symptomatic or who tested positive for the disease must wear a mask when entering EOIR spaces (e.g., courtrooms).
The final rule allows practitioners to enter limited appearances through new Forms EOIR-60 and EOIR-61 in order to assist pro se individuals with drafting, writing, or filing applications, petitions, briefs, or other documents in proceedings before EOIR, without becoming the practitioner of record. This is intended to help combat unauthorized practice and to reduce the number of cases in which respondents receive poor representation.
Electronic Devices
As the world ditches paper and eSignature tools become more common, many people may be wondering how legal the process of signing something digitally is. It turns out it is perfectly fine as long as certain stipulations are met.
This rule allows attorneys and accredited representatives to file documents electronically through EOIR Case Access System (ECAS) in cases in which they have a Form EOIR-27 or EOIR-28 entry of appearance. ECAS allows for secure uploading of documents, and the system automatically sends service notifications to representatives.
During the ECAS pilot program, EOIR has realized efficiencies in case processing. Internal pilot metrics show that charging documents filed electronically are processed nearly 10 times faster than those filed in paper. Adding additional requirements for paper service would only diminish these time savings.
Docket
EOIR’s immigration courts handle hearings on cases that are filed by non-US citizens charged with violating US laws related to immigration. The courts decide whether those aliens are removed from the country or allowed to stay. EOIR’s appellate component, the Board of Immigration Appeals, hears appeals from decisions made by immigration judges and DHS attorneys.
The Dallas ICE office is currently operating under COVID-19 restrictions. Non-detained hearings have resumed at the court but the caseload remains incredibly high. AILA, CLINIC, HRF, and NIPNLG continue to urge the agency to reduce the backlog of cases and consider alternatives for handling the current caseload.
When signing documents online, it’s important to use a tool that provides dual-factor authentication and an audit trail. This ensures the document is legally binding and safeguards the signers identity.
