Resources
These materials and
resources are for informational purposes only and not for the purpose of
providing legal advice. The materials do not constitute a legal opinion by the
Department of Justice and do not create any rights or benefits. The Department
of Justice and the Executive Office for Immigration Review (EOIR) do not control nor guarantee the accuracy, relevance,
timeliness, nor completeness of information contained on any external website.
Sources of Immigration Law
The following
resources are the main sources of law relevant to immigration proceedings
before EOIR. Please note that the
individual circumstances of a noncitizen’s case may require research into
additional legal resources not necessarily listed.
The INA is a main source of immigration law in the United States. It contains many of the most important provisions of law relevant to immigration proceedings.
Title 8 of the CFR codifies the INA and includes regulations followed by the Department of Homeland Security and EOIR. The regulations cover practice and procedure in immigration proceedings.
The Supreme Court of the United States is the highest tribunal for all cases and controversies that arise under the U.S. Constitution or the laws of the United States, including cases that relate to immigration proceedings.
Immigration-related cases may be appealed to the Supreme Court after a final decision is issued by a Federal Circuit Court of Appeals.
Supreme Court decisions are final and binding authority on the parties as well as all lower courts and administrative agencies (including on the Board of Immigration Appeals, immigration courts, and the Department of Homeland Security).
In the federal judicial system, district (trial level) courts, called U.S. District Courts, are organized into 12 circuits. U.S. District Courts review certain Immigration Judge and Board of Immigration Appeals (BIA) decisions. Federal District Courts may issue nationwide injunctions affecting the application of memoranda, regulations, or other policy actions taken by EOIR. Each circuit has its own Court of Appeals that reviews cases decided by the U.S. District Courts within the circuit.
The Courts of Appeals also review certain final decisions appealed from the BIA. A Circuit Court’s published decision is binding authority on the parties to the decision, the BIA, and immigration courts within that circuit. Case law from other circuits may be considered persuasive authority but not binding.
Published BIA decisions are called “precedent decisions.” BIA precedent decisions are binding authority on the parties to the decision. They also are binding on the BIA, the immigration courts, and DHS.
Those BIA decisions that are unpublished are binding only on the parties to the decision. They are not binding authority on the BIA, the immigration courts, or DHS in unrelated cases.
Practice Before EOIR
The following resources may be helpful when representing an individual in immigration proceedings before EOIR.
The EOIR Policy Manual highlights the processes involved in immigration proceedings before EOIR.
The EOIR Policy Manual includes sections dedicated to procedures and practices before the immigration courts, Board of Immigration Appeals, and the Office of the Chief Administrative Hearing Officer.
The EOIR Policy Manual also provides all of the agency’s current policy memoranda related to EOIR operations. EOIR’s Operating Policies and Procedures Memoranda also provide information on immigration proceedings before EOIR.
EOIR maintains a publicly-available list of EOIR’s immigration courts. The list includes each court’s address and phone number, the names of Immigration Judges who are based at that court, and the name of the Court Administrator.
EOIR’s Operational Status Map provides the location and latest operational status of immigration courts nationwide.
Immigration Judges may issue standing orders regarding practice and procedure for cases assigned to them. Assistant Chief Immigration Judges may issue standing orders that apply to an entire immigration court. Standing orders are organized by immigration court and are located on EOIR’s Operational Status webpage.
The EOIR Courts & Appeals System (ECAS) is EOIR’s electronic filing system. If ECAS is active at the immigration court to which your case is assigned, you are strongly encouraged to file electronically. Although electronic filing is currently voluntary, EOIR intends to require mandatory electronic filing in the future. The ECAS website includes a number of useful tools, including resources for using ECAS, as well as frequently asked questions.
EOIR’s Automated Case Information system provides case information online. Alternatively, case information may be found by calling 1-800-898-7180 / 304-625-2050 (TDD 800-828-1120). The Automated Case Information system will not reflect a new hearing date until a new date has been set by the immigration court.
Please note that court documents such as hearing notices are the official source of information regarding case status.
The EOIR Forms webpage is the central location for forms required to be filed with the immigration courts, Board of Immigration Appeals (BIA), or the Office of the Chief Administrative Hearing Officer. These forms include EOIR forms as well as certain forms created by the Department of Homeland Security. You may also obtain forms from any immigration court or the BIA Clerk’s Office.
Some forms may be completed electronically, printed, and signed by hand. You may also download and print the forms to complete them on a typewriter or by hand.
To receive notifications about their case (and to comply with agency requirements), respondents must inform EOIR of any changes to their contact information. Respondents may provide any updates to their address or contact information using EOIR's Respondent Access.
Other Case-Specific Resources
The following resources may be helpful to prepare a case in immigration proceedings before EOIR.
EOIR’s Virtual Law Library (VLL) is a comprehensive repository of immigration-related law and information for public use. Published Board of Immigration Appeals, Office of the Chief Administrative Hearing Officer, and Department of Homeland Security decisions are available on the VLL. The VLL also provides links to certain sources of immigration law and materials related to country conditions.
EOIR’s Virtual Law Library includes a section on country conditions reports that may be helpful when drafting or evaluating applications for asylum, withholding of removal, and protection under the Convention Against Torture.
The U.S. Department of State publishes a monthly visa bulletin that provides updates on the availability of various types of immigrant visas. The bulletin summarizes information that indicates when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
Stay Informed
EOIR posts important updates on our website and social media to keep individuals informed of agency news and developments.
EOIR communicates important agency announcements through a free e-mail subscription service, including information on the operational status of the courts, upcoming events, and the publication of new agency decisions. Individuals may also sign up for email updates from other Department of Justice components.