Appendix C - Deadlines
These tables are provided for general guidance only. To determine the particular deadlines in a given case, parties must consult the pertinent regulations and the text of the relevant Practice Manual. Adjudicators have discretion to set deadlines for pre-decision filings. The construction of “day” is discussed in ICPM, Chapter 3.1(c)(1) (Construction of “day”); BIA PM Chapter 3.1(b)(1) (Construction of “day”); and OCAHO PM Chapter 3.4 (Time Computations).
Note that this table contains only the most common deadlines for filings before EOIR.
OCIJ DEADLINES
Type of Filing |
Deadline |
Practice Manual Reference |
|
Changes of address or telephone number |
Noncitizen |
5 days after the noncitizen’s change of address or telephone number. |
ICPM, 2.2(c)-(d) |
Representative |
Promptly. |
ICPM, 2.2(c)-(d) | |
Filings in advance of master calendar hearing |
Filings |
15 days before the hearing, if requesting a ruling (if noncitizen is detained, deadline is determined by the immigration court) |
ICPM, 3.1(b)(1)
ICPM, 3.1(b); 5.12 |
Responses |
10 days after the filing is received by the immigration court (if noncitizen is detained, deadline is determined by the immigration court) |
||
Filings in advance of individual calendar hearing |
Filings |
15 days before the hearing (if noncitizen is detained, deadline is determined by the immigration court) |
ICPM, 3.1(b)(2)
ICPM, 3.1(b)(2) |
Responses |
10 days after the filing is received by the Immigration Court (if noncitizen is detained, deadline is determined by the immigration court) |
||
Asylum Applications |
Defensive Applications |
within one year after arrival to the United States[1] |
ICPM, 3.1(b)(3)(A) |
Affirmative Applications |
filed with DHS within one year after arrival to the United States* |
ICPM, 3.1(b)(3)(B) | |
Post-Decision Motions |
Motions to Reopen |
90 days after a final administrative order by the immigration judge, with certain exceptions |
ICPM, 3.1(b)(4); 5.7 |
Motions to Reconsider |
30 days after a final administrative order by the immigration judge |
ICPM, 3.1(b)(4); 5.8 | |
Motions to Reopen in absentia Removal Order |
180 days after in absentia order, if based on exceptional circumstances |
ICPM, 3.1(b)(4); 5.9(d)(2)(A) | |
at any time, if based on lack of proper notice |
ICPM, 3.1(b)(4); 5.9(d)(2)(B) |
[1] A noncitizen filing an application for asylum should be mindful that the application must be filed within one year after the date of the noncitizen’s arrival in the United States, unless certain exceptions apply. INA § 208(a)(2)(B), 8 C.F.R. § 1208.4(a)(2).
BIA DEADLINES
Type of Filing |
Deadline |
Practice Manual Reference |
|
Changes of address or telephone number |
Noncitizen |
5 days after the noncitizen’s change of address or telephone number. |
BIA PM, 2.2(c)-(d) |
Representative |
Promptly |
BIA PM, 2.2(c)-(d) |
|
Immigration Judge Decision Appeals |
Notice of Appeal (Form EOIR-26) |
30 days of the decision being rendered orally or mailed |
BIA PM, 4.5 |
Appeal brief (by appealing party) |
21 days of the date of the briefing notice |
BIA PM, 4.7(a) | |
Response brief (by opposing party) |
21 days of the appealing party’s briefing deadline
21 days of the date of briefing notice if the appeal is filed by a detained noncitizen |
BIA PM, 4.6(h); 4.7(a)(1)
BIA PM, 4.6(h); 4.7(a)(2) |
|
Reply brief (by appealing party) |
21 days of the filing of the response brief, with motion 14 days of the expiration of the briefing schedule, if the appeal is filed by a detained noncitizen, with motion |
BIA PM, 4.6(f)
|
|
Cross appeal brief (by either party) |
21 days of the date of the briefing notice (both parties) |
BIA PM, 4.7(a)(1) |
|
Motions before the BIA |
Motion to reopen |
90 days of a final administrative order by the BIA, with certain exceptions |
BIA PM, 5.6(c) |
Motion to Reconsider |
30 days of a final administrative order by the BIA |
BIA PM, 5.7(c) |
|
Motion brief |
filed with motion |
BIA PM, 5.4 |
|
Response brief |
13 days of the date of service of the motion brief |
BIA PM, 5.4 |
|
Bond Appeals |
Appeal of Immigration Judge Decision |
30 days of the decision being rendered orally or mailed |
BIA PM, 7.3(a)(2)(A) |
Appeal of DHS Decision |
10 days of the date of the DHS decision |
BIA PM, 7.3(a)(2)(B) |
|
Discipline Cases |
Response to a Notice of Intent to Discipline |
30 days from the date of service of the Notice of Intent to Discipline |
BIA PM, 11.7(b) |
Motion to Set Aside Default Order |
15 days after date of service of default order |
BIA PM, 11.7(b)(2) |
|
Appeal of Final Order of Discipline |
30 days of the decision being rendered orally or mailed |
BIA PM, 11.7(d) |
|
Fines Appeals |
DHS Fine Decision |
15 days after date of mailing of the DHS decision |
BIA PM, 10.3(b)(3) |
Visa-related Appeals |
Visa petition denial |
30 days after service of the decision or mailed |
BIA PM, 9.3(c)(3) |
Visa revocation |
15 days after service of the revocation notice |
BIA PM, 9.4(c) |
|
Visa revalidation denial |
30 days after service of the decision |
BIA PM, 9.5 |
OCAHO DEADLINES
Type of Filing or Document |
Deadline* |
Practice Manual Reference |
Application by non-attorney to represent a party before OCAHO |
10 days after receipt of the Notice of Case Assignment |
OCAHO PM, 2.5(b)(2) |
Answer to a complaint |
30 days after service of the complaint |
OCAHO PM, 3.5(a); 4.1(a) |
Response to a motion |
10 days after service of the motion |
OCAHO PM, 4.1(b); 4.2(d) |
Request for continuance of a scheduled hearing |
No later than 14 days prior to the date of the scheduled hearing |
OCAHO PM, 4.6(b) |
Motion for summary decision |
If motion is filed by complainant, no fewer than 30 days after receipt of the complaint by the respondent If motion is filed by either party, no later than 20 days prior to the date of a scheduled hearing |
OCAHO PM, 4.9
OCAHO PM, 4.9 |
Answers and objections to written interrogatories** |
30 days after service of the interrogatories |
OCAHO PM, 5.2(c) |
Answers to requests for production or inspection** |
30 days after service of the request |
OCAHO PM, 5.3(c) |
Responses to requests for admissions** |
30 days after service of the request |
OCAHO PM, 5.4(b) |
Notice of deposition (for depositions taken within the continental United States)** |
At least 10 days in advance of the date and time of the deposition |
OCAHO PM, 5.5(b) |
Notice of deposition (for depositions taken outside the continental United States)** |
At least 20 days in advance of the date and time of the deposition |
OCAHO PM, 5.5(b) |
Petition to revoke or modify a subpoena |
10 days after service of the subpoena |
OCAHO PM, 5.6(f) |
Response to a petition to revoke or modify a subpoena |
Eight days after receipt of the petition to revoke or modify a subpoena |
OCAHO PM, 5.6(f) |
Motion for corrections to transcript of a hearing |
10 days after receipt of the transcript by the administrative law judge |
OCAHO PM, 6.5(c) |
Additional documents or evidence after the record of hearing is closed |
20 days after the close of the hearing |
OCAHO PM, 6.6(b) |
Post-hearing briefs and proposed orders |
20 days after the filing of the official hearing transcript |
OCAHO PM, 6.7 |
Request for administrative review of an interlocutory order |
10 days after the date of entry of the interlocutory order |
OCAHO PM, 8.1(c) |
Briefs related to a request for administrative review of an interlocutory order |
21 days of the date of entry of the interlocutory order |
OCAHO PM, 8.1(d) |
Request for administrative review of a final order |
10 days of the date of entry of the final order |
OCAHO PM, 8.2(b) |
Briefs related to a request for administrative review of a final order |
21 days of the date of entry of the final order |
OCAHO PM, 8.2(b) |
*The administrative law judge may, in their discretion, extend or modify some of the deadlines contained in this table. Additionally, the administrative law judge may establish specific date deadlines for certain filings in a case. Furthermore, if a party must take some action within a prescribed period after the service of a document, and the document is served by ordinary mail, five days will be added to the prescribed period. This five-day additional response period does not apply if a specific date deadline is otherwise specified by the CAHO or the ALJ, and does not apply if the response time is based on the date of entry of an order rather than on the date of service.
** Unless otherwise ordered by the administrative law judge, parties should not file requests for discovery or answers or responses thereto with the administrative law judge. The deadlines listed here are the deadlines for submitting a response to the requesting party, not to OCAHO. Of course, petitions and motions relating to discovery must be filed with the administrative law judge and served on the opposing party.