4.20 - Subpoenas

(a) Applying for a Subpoena

A party may request that a subpoena be issued requiring that witnesses attend a hearing or that documents be produced.  See 8 C.F.R. §§ 1003.35, 1287.4(a)(2)(ii).  A request for a subpoena may be made by written motion or by oral motion.  If made in writing, the request should be filed with a cover page labeled “MOTION FOR SUBPOENA,” and comply with the deadlines and requirements for filing. See Chapter 3 (Filing with the Immigration Court), Appendix E (Cover Pages).  Whether made orally or in writing, a motion for a subpoena must:

• provide the court with a proposed subpoena
• state what the party expects to prove by such witnesses or documentary evidence
• show affirmatively that the party has made diligent effort, without success, to produce the witnesses or documentary evidence

If requesting a subpoena for telephonic testimony, the party should also comply with Chapter 4.15(o)(3) (Telephonic Testimony).  

(b) Contents

A proposed subpoena should contain:

• the respondent’s name and A-number
• the type of proceeding
• the name and address of the person to whom the subpoena is directed
• a command that the recipient of the subpoena:
  • testify in court at a specified time,
  • testify by telephone at a specified time, or
  • produce specified books, papers, or other items
• a return on service of subpoena

See 8 C.F.R. § 1003.35(b)(3). 

(c) Appearance of Witness

If the witness whose testimony is required is more than 100 miles from the immigration court where the hearing is being conducted, the subpoena must provide for the witness’s appearance at the immigration court nearest to the witness to respond to oral or written interrogatories, unless the party calling the witness has no objection to bringing the witness to the hearing.  See 8 C.F.R. § 1003.35(b)(4).

(d) Service

A subpoena issued under the above provisions may be served by any person over 18 years of age not a party to the case.  See 8 C.F.R. § 1003.35(b)(5).