3.3 - Documents

 (a) Language and Certified Translations — All documents filed with the immigration court must be in the English language or accompanied by a certified English translation.  See 8 C.F.R. §§ 1003.33, 1003.23(b)(1)(i).  An affidavit or declaration in English by a person who does not understand English must include a certificate of interpretation stating that the affidavit or declaration has been read to the person in a language that the person understands and that they understood it before signing.  The certificate must also state that the interpreter is competent to translate the language of the document, and that the interpretation was true and accurate to the best of the interpreter’s abilities.

          A certification of translation of a foreign-language document or declaration must be typed, signed by the translator, and attached to the foreign-language document.  A certification must include a statement that the translator is competent to translate the language of the document and that the translation is true and accurate to the best of the translator’s abilities.  If the certification is used for multiple documents, the certification must specify the documents.  The translator’s address and telephone number must be included.  See Appendix G (Cert. of Translation).

          (b) Signatures — No forms, motions, briefs, or other submissions are properly filed without the signature, executed in ink or by digital or electronic means, of the individual who drafted or prepared the document(s), whether the Department of Homeland Security, an unrepresented respondent, a practitioner of record, or a practitioner who drafted, completed, or prepared the document(s) pursuant to a limited appearance for document assistance.  Reproductions of signatures are acceptable when contained in a photocopy or fax of an original document as long as the original is available to the immigration court upon request.  As circumstances require, all signatures are subject to authentication requirements.

          For purposes of filing Form EOIR-28, the electronic acknowledgement and submission of an electronically filed Form EOIR-28 constitutes the signature of the respondent’s practitioner of record.  A Proof of Service also requires a signature but may be filed by someone designated by the filing party.  See Chapter 3.2(e) (Proof of Service).

          A signature represents a certification by the signer that: they have read the document; to the best of their knowledge, information, and belief formed after reasonable inquiry, the document is grounded in fact; the document is submitted in good faith; and the document has not been filed for any improper purpose.  See 8 C.F.R. § 1003.102(j)(1). A signature represents the signer’s authorization, attestation, and accountability.  Every signature must be accompanied by the typed or printed name.

          (1) Conformed and simulated signatures — For documents electronically filed through ECAS, a user who is logged in and electronically filing through ECAS may use a conformed signature wherever their personal signature is required.  CONFORMED SIGNATURE EXAMPLE: /S/ John Doe.  Otherwise, signature stamps are not acceptable on documents filed with the immigration court.  These signatures do not convey the signer’s personal authorization, attestation, and accountability for the filing.  See also Chapters 3.1(a) (Filing), 3.3(d) (Originals and Reproductions).

          (2) Law firms — Except as provided in Chapter 2.1(b)(8) (Appearances “on behalf of”), only a practitioner of record – not a law firm, law office, or other attorney – may sign a submission to the immigration court.  See Chapters 2.1(b) (Entering an Appearance as the Practitioner of Record), 2.1(b)(4) (Multiple Practitioners), 2.1(b)(5) (Law Firms/Organizations).  

          (3) Accredited representatives — Accredited representatives must sign their own submissions.  

          (4) Paralegals and other staff — Paralegals and other staff are not authorized to practice before the immigration court and may not sign a submission to the immigration court.  See Chapter 2.6 (Paralegals).  However, a paralegal may sign a Proof of Service when authorized by the filing party.  See Chapter 3.2(e) (Proof of Service). 

          (5) Other practitioners — Only those individuals who have been authorized by the immigration court to make appearances and have submitted a Form EOIR-28 or Form EOIR-61 may sign submissions to the immigration court.  See Chapters 2.5 (Law Students and Law Graduates), 2.9 (Others).

          (6) Family members — A family member may sign submissions on behalf of a party only under certain circumstances.  See Chapter 2.8 (Family Members).

          (c) Format — The immigration court prefers all filings and supporting documents to be typed but will accept handwritten filings that are legible.  Illegible filings will be rejected or excluded from evidence.  See Chapter 3.1(d) (Defective Filings).  All filings must be signed by the individual who drafted or prepared the document(s) being filed, whether the Department of Homeland Security, an unrepresented respondent, a practitioner of record, or a practitioner who drafted, completed, or prepared the document(s) pursuant to a limited appearance for document assistance.  See Chapter 3.3(b) (Signatures). 

          (1) Order of documents — Filings should be assembled as follows.  All forms should be filled out completely.  If a Form EOIR-28 or Form EOIR-61 is required, it should be submitted at the front of the package.  See Chapter 2.1(b) (Entering an Appearance as the Practitioner of Record), 2.1(c) (Limited Appearance for Document Assistance).  If a Form EOIR-28 has been filed electronically, a printed copy of the Form EOIR-28 is generally not required.  See Chapter 2.1(b)(1) (How to File the Form EOIR-28).

          (A) Applications for relief — An application package should comply with the instructions on the application.  The application package should contain (in order):

• Form EOIR-28 or Form EOIR-61 (if required)
• Cover page
• If applicable, fee receipt (stapled to the application) or motion for a fee waiver
• Application
• Proposed exhibits (if any) with table of contents
• Proof of Service

          See Chapters 2.1(b) (Entering an Appearance as the Practitioner of Record), 2.1(c) (Limited Appearance for Document Assistance), 3.2(e) (Proof of Service), 3.3(c)(6) (Cover page and caption), 3.3(e)(2) (Publications as evidence), 3.4 (Filing Fees). 

          (B) Proposed exhibits — If proposed exhibits are not included as part of an application package, the proposed exhibit package should contain (in order):

• Form EOIR-28 or Form EOIR-61 (if required)
• Cover page
• Table of contents
• Proposed exhibits
• Proof of Service

          See Chapters 2.1(b) (Entering an Appearance as the Practitioner of Record), 2.1(c) (Limited Appearance for Document Assistance), Chapters 3.2(e) (Proof of Service), 3.3(c)(6) (Cover page and caption), 3.3(e)(2) (Publications as evidence), 3.4 (Filing Fees).

          (C) Witness list — A witness list package should contain (in order):

• Form EOIR-28 or Form EOIR 61 (if required)
• Cover page
• Witness list (in compliance with the requirements of Chapter 3.3(g) (Witness Lists))
• Proof of Service

          See Chapters 2.1(b) (Entering an Appearance as the Practitioner of Record), 2.1(c) (Limited Appearance for Document Assistance), 3.2(e) (Proof of Service), 3.3(c)(6) (Cover page and caption).   

          (D) Motions to reopen — A motion package for a motion to reopen should contain (in order):

• Form EOIR-28 or Form EOIR-61 (if required)
• Cover page
• If applicable, fee receipt (stapled to the motion or application) or motion for a fee waiver
• Motion to reopen
• A copy of the immigration judge’s decision
• If applicable, a motion brief
• If applicable, a copy of the application for relief
• Supporting documentation (if any) with table of contents
• A change of address form (Form EOIR-33/IC) (recommended even if the respondent’s address has not changed)
• A proposed order for the immigration judge’s signature
• Proof of Service

          See Chapters 2.1(b) (Entering an Appearance as the Practitioner of Record), 2.1(c) (Limited Appearance for Document Assistance), 2.2(c)(3) (Motions), 3.2(e) (Proof of Service), 3.3(c)(6) (Cover page and caption), 3.3(e)(2) (Publications as evidence), 3.4 (Filing Fees), 5 (Motions before the Immigration Court).

          (E) Motions to reconsider — A motion package for a motion to reconsider should contain (in order):

• Form EOIR-28 or Form EOIR-61 (if required)
• Cover page
• If applicable, fee receipt (stapled to the motion or application) or motion for a fee waiver
• Motion to reconsider
• A copy of the immigration judge’s decision
• If applicable, a motion brief
• If applicable, a copy of the application for relief
• Supporting documentation (if any) with table of contents
• A change of address form (Form EOIR-33/IC) (recommended even if the respondent’s address has not changed)
• A proposed order for the immigration judge’s signature
• Proof of Service

          See Chapters 2.1(b) (Entering an Appearance as the Practitioner of Record), 2.1(c) (Limited Appearance for Document Assistance), 2.2(c)(3) (Motions), 3.2(e) (Proof of Service), 3.3(c)(6) (Cover page and caption), 3.3(e)(2) (Publications as evidence), 3.4 (Filing Fees), 5 (Motions before the Immigration Court).

          (F) Other filings — Other filing packages, including pre-decision motions and briefs, should contain (in order):

• Form EOIR-28 or Form EOIR-61 (if required)
• Cover page
• If applicable, fee receipt (stapled to the filing) or motion for a fee waiver
• The filing
• Supporting documentation (if any) with table of contents
• If a motion, a proposed order for the immigration judge’s signature
• Proof of service

          See Chapters 2.1(b) (Entering an Appearance as the Practitioner of Record), 2.1(c) (Limited Appearance for Document Assistance), 3.2(e) (Proof of Service), 3.3(c)(6) (Cover page and caption), 3.3(e)(2) (Publications as evidence), 3.4 (Filing Fees).

          (2) Number of copies — Except as provided in subsection (A) and (B), below, only the original of each application or other submission must be filed with the immigration court.  For all filings, a copy may need to be served on the opposing party if required.  See Chapter 3.2 (Service on the Opposing Party).  Multiple copies of a filing (e.g., a brief, motion, proposed exhibit, or other supporting documentation) should not be filed unless otherwise instructed by the immigration judge.

          (A) Defensive asylum applications — For defensive asylum applications, parties must submit to the immigration court the original application.  See Chapter 3.1(b)(3)(A) (Defensive applications).  In addition, a copy may need to be served on the opposing party if required.  See Chapter 3.2 (Service on the Opposing Party).

          (B) Consolidated cases — In consolidated cases, parties should submit a separate copy of each submission for placement in each individual Record of Proceedings.  However, a “master exhibit” may be filed in the lead individual’s file for exhibits and supporting documentation applicable to more than one individual, with the approval of the immigration judge.

          (3) Pagination and table of contents — All documents, including briefs, motions, and exhibits, should always be paginated by consecutive numbers placed at the bottom center or bottom right- hand corner of each page.

          Whenever proposed exhibits or supporting documents are submitted, the filing party should include a table of contents with page numbers identified.  See Appendix N (Ex. Table of Contents).

          Where a party is filing more than one application, the party is encouraged to submit a separate evidence package, with a separate table of contents, for each application.

          (4) Tabs — For cases with paper ROPs, parties should use alphabetic tabs, commencing with the letter “A.”  The tabs should be affixed to the right side of the pages.  In addition, parties should carefully follow the pagination and table of contents guidelines in subsection (3), above.  If paper filing documents for a case with an eROP, parties are encouraged to use paper separators (i.e., a piece of paper with “Tab A” printed on it) instead of indexing tabs.  This allows the immigration court to more easily scan the documents into the eROP.

          (5) Paper size and document quality — All documents should be submitted on standard 8½" x 11" paper, in order to fit into the Record of Proceedings.  See 8 C.F.R. § 1003.32(b).  The use of paper of other sizes, including legal-size paper (8½" x 14"), is discouraged.  If a document is smaller than 8½" x 11", the document should be affixed to an 8½" x 11" sheet of paper or enlarged to 8½" x 11".  If a document is larger than 8½" x 11", the document should be reduced in size by photocopying or other appropriate means, as authorized by the immigration judge.  This provision does not apply to documents whose size cannot be altered without altering their authenticity.  All documents must be legible.  Copies that are so poor in quality as to be illegible may be rejected or excluded from evidence.  See Chapter 3.1(d) (Defective Filings).

          Paper should be of standard stock white, opaque, and unglazed.  Given its fragility and tendency to fade, photo-sensitive facsimile paper should never be used.

          Ink should be dark, preferably black.

          Briefs, motions, and supporting documentation should be single-sided.

          (6) Cover page and caption — All filings should include a cover page.  The cover page should include a caption and contain the following information:

• the name of the individual who drafted or prepared the documents being filed, whether the Department of Homeland Security, an unrepresented respondent, a practitioner of record, or a practitioner who drafted, completed, or prepared the document(s) pursuant to a limited appearance for document assistance
• the address of the above individual
• the title of the filing (such as “RESPONDENT’s APPLICATION FOR CANCELLATION OF REMOVAL,” “DHS WITNESS LIST,”  “RESPONDENT’s MOTION TO REOPEN”)
• the full name for each noncitizen covered by the filing (as it appears on the charging document)
• the A-number for each noncitizen covered by the filing (if a noncitizen has more than one A-number, all the A-numbers should appear on the cover page with a clear notation that the noncitizen has multiple A-numbers)

• the type of proceeding involved (such as removal, deportation, exclusion, or bond)
• the date and time of the hearing

          See Appendix E (Cover Pages).  If the filing involves special circumstances, that information should appear prominently on the cover page, preferably in the top right corner and highlighted (e.g., “DETAINED,” “JOINT MOTION,” “EMERGENCY MOTION”).

          (7) Fonts and spacing — Font and type size must be easily readable.  “Times Roman 12 point” font is preferred.  Double-spaced text and single-spaced footnotes are also preferred.  Both proportionally spaced and monospaced fonts are acceptable.

          (8) Binding — The immigration court and the Board of Immigration Appeals use a two-hole punch system to maintain paper files.  All forms, motions, briefs, and other submissions should always be pre-punched with holes along the top (centered and 2 ¾” apart).  Submissions may be stapled in the top left corner.  If stapling is impracticable, the use of removable binder clips is encouraged.  Submissions should neither be bound on the side nor commercially bound, as such items must be disassembled to fit into the record of proceedings and might be damaged in the process.  The use of ACCO-type fasteners and paper clips is discouraged.

          (9) Forms — Forms should be completed in full and must comply with certain requirements.  See Chapter 11 (Forms).  See also Appendix D (Forms).

          (d) Originals and Reproductions — 

          (1) Briefs and motions — The original of a brief or motion must always be signed.  See Chapter 3.3(b) (Signatures).

          (2) Forms — The original of a form must always be signed.  See Chapters 3.3(b) (Signatures), 11.3 (Submitting Completed Forms).  In certain instances, forms must be signed in the presence of the immigration judge.

          (3) Supporting documents — Photocopies of supporting documents, rather than the originals, should be filed with the immigration court and served on the Department of Homeland Security (DHS).  Examples of supporting documents include identity documents, photographs, and newspaper articles.

          If supporting documents are filed at a master calendar hearing, the respondent must make the originals available to DHS at the master calendar hearing for possible forensics examination at the Forensics Documents Laboratory.  In addition, the respondent must bring the originals to all individual calendar hearings.

          If supporting documents are filed after the master calendar hearing(s), the filing should note that originals are available for review.  In addition, the respondent must bring the originals to all individual calendar hearings.

          The immigration judge has discretion to retain original documents in the Record of Proceedings.  The immigration judge notes on the record when original documents are turned over to DHS or the immigration court.

          (4) Photographs — If a party wishes to submit a photograph, the party should follow the guidelines in subsection (3), above.  In addition, prior to bringing the photograph to the immigration court, the party should print identifying information, including the party’s name and A-number, on the back of the original photograph.

          (e) Source Materials — Source materials should be provided to the immigration court and highlighted as follows.

          (1) Source of law — When a party relies on a source of law in any filing (e.g., a brief, motion, or pre-trial statement) that is not readily available, that source of law should be reproduced and provided to the immigration court and the other party, along with the filing.  Similarly, if a party relies on governmental memoranda, legal opinions, advisory opinions, communiques, or other ancillary legal authority or sources in any filing, copies of such items should be provided to the immigration court and the other party, along with the filing.

          (2) Publications as evidence — When a party submits published material as evidence, that material must be clearly marked with identifying information, including the precise title, date, and page numbers.  If the publication is difficult to locate, the submitting party should identify where the publication can be found and authenticated.

          In all cases, the party should submit title pages containing identifying information for published material (e.g., author, year of publication).  Where a title page is not available, identifying information should appear on the first page of the document.  For example, when a newspaper article is submitted, the front page of the newspaper, including the name of the newspaper and date of publication, should be submitted where available, and the page on which the article appears should be identified.  If the front page is not available, the name of the newspaper and the publication date should be identified on the first page of the submission.

          Copies of State Department Country Reports on Human Rights Practices, as well as the State Department Annual Report on International Religious Freedom, must indicate the year of the particular report.

          (3) Internet publications — When a party submits an internet publication as evidence, the party should follow the guidelines in subsection (2), above, as well as provide the complete internet address for the material.

          (4) Highlighting — When a party submits secondary source material (“background documents”), that party should flag and emphasize the pertinent portions of that secondary source material.  Any specific reference to a party should always be highlighted.  Additionally, a party is encouraged to cite to specific pages or passages when referring to secondary source material within a brief or motion.

          (f) Criminal Conviction Documents — Documents regarding criminal convictions must comport with the requirements of 8 C.F.R. § 1003.41.  When submitting documents relating to a respondent’s criminal arrests, prosecutions, or convictions, parties are encouraged to use a criminal history chart and attach all pertinent documentation, such as arrest and conviction records.  The criminal history chart should contain the following information for each arrest:

• arrest date
• court docket number
• charges

• disposition
• immigration consequences, if any

          The documentation should be paginated, with the corresponding pages indicated on the criminal history chart.  For a sample, see Appendix M (Sample Criminal History Chart).  Under “Immigration Consequences,” parties should simply state their “bottom-line” position (for example: “not an aggravated felony”).  Parties may supplement the criminal history chart with a prehearing brief.  See Chapter 4.19 (Pre-Hearing Briefs). 

          (g) Witness Lists — A witness list should include the following information for each witness, except the respondent:

• the name of the witness
• if applicable, the A-number
• a written summary of the testimony
• the estimated length of the testimony
• the language in which the witness will testify

• a curriculum vitae or resume, if called as an expert