4.10 - Record

(a) Hearings Recorded

Immigration hearings are recorded electronically by the immigration judge.  See 8 C.F.R. § 1240.9.  Parties may listen to recordings of hearings by prior arrangement with immigration court staff.  See Chapters 1.5(c) (Records), 12.2 (Requests).

The entire hearing is recorded except for those occasions when the immigration judge authorizes an off-the-record discussion.  On those occasions, the results of the off-the-record discussion are summarized by the immigration judge on the record.  The immigration judge asks the parties if the summary is true and complete, and the parties are given the opportunity to add to or amend the summary, as appropriate.  Parties should request such a summary from the immigration judge, if the immigration judge does not offer one.

(b) Transcriptions

If an immigration judge’s decision is appealed to the Board of Immigration Appeals, the hearing is transcribed in appropriate cases and a transcript is sent to both parties.  For information on transcriptions, parties should consult the Board of Immigration Appeals Practice Manual.

(c) Record of Proceedings

The official file containing the documents relating to a respondent’s case is the Record of Proceedings, which is created by the immigration court.  The contents of the Record of Proceedings vary from case to case.  However, at the conclusion of immigration court proceedings, the Record of Proceedings generally contains the Notice to Appear (Form I‑862), hearing notice(s), the practitioner of record’s Form EOIR‑28 (if any), any change of address form(s) (Change of Address/Contact Information Form, Form EOIR‑33), application(s) for relief, exhibits, motion(s), brief(s), hearing tapes (if any), and all written orders and decisions of the immigration judge.