Intro to Asylum Procedure...Executive Office for Immigration Review Office of the Chief Immigration Judge Chief Immigration Judge 5107 Leesburg Pike. Stith, 2500 Fails Church, Virginia

Intro to Asylum ProcedureAmanda BhuketSenior Staff Attorney, [email protected]

Roadmap –Asylum Procedure Basics

• Differences between Affirmative and Defensive Proceedings

• Overview of Removal Proceedings (Defensive)

• Preparing and Filing the Application for Asylum (Form I-589)

• Application for Employment Authorization (Form I-765)

• Litigating Asylum Claims in Removal Proceedings

Common Forms• I-589, Application for Asylum, Etc.

• I-765, Application for Employment Authorization

• Attorney’s Entry of Appearance• Form G-28 (DHS Agencies) blue• Form E-28 (Immigration Court) green*• Form E-27 (BIA) yellow

• Change of Address• Form AR-11 (USCIS) can be filed online• Form E-33/IC (EOIR) blue• Form E-33/BIA (BIA) pink

*Practitioners must register with and receive an EOIR ID# in order to enter an appearance in Immigration Court.

Relevant Agencies

DHS DOJ

BIA

Immigration Court

CBP

USCIS(AO)

ICE

EOIR

CA9

Affirmative vs. Defensive Asylum

Affirmative Asylum• Not in removal proceedings (except

UAC’s)

• Non-adversarial process

• Asylum Officer adjudicates at an interview

• Only considers application for asylum

• Interpreter isn’t provided (monitor only)

• Denial = referral to immigration court not a removal order.

Defensive Asylum• In removal proceedings

• Adversarial process/ICE Attorney

• Immigration Judge adjudicates at a court hearing

• Can consider other forms of relief

• Court Certified Interpreter provided

• Denial = Removal order. Can appeal to BIA w/in 30 days, then to Circuit Court.

Overview of Removal Proceedings

• Service/Filing of the NTA

• First MCH/Plead to the NTA

• File I-589

• Initiate biometrics (fingerprint/background checks)

• File for work authorization (Form I-765) 150 days after filing Form I-589

• Submit supplemental evidence by filing deadline

• ICH - Adjudication of asylum claim

*Keeping client address and attorney of record up to date throughout!

8.Asylum

Approved!

1.NTA

2.MCH

3.I-589

4.Biometrics

5.I-765

6.Supplemental

Evidence

7.ICH

Timing Issues Related to Filing the I-589

• To meet the one-year filing deadline

• To file within a reasonable time after an exception to the one-year filing deadline has lapsed

• To file with the AO before a UAC turns 18

• To start the asylum clock/work authorization*

There may be times when the I-589 needs to be filed promptly…

*Defensive asylum applications may be “lodged” at the immigration court’s filing window for purposes of starting the asylum clock. The application will be stamped “lodged not filed” and returned to the applicant. However, since EOIR now allows asylum applications to be filed by mail and at the filing window, most asylum seekers no longer have a need to “lodge” their asylum applications.

The Asylum ClockWhat is it?

How do I know how many days have elapsed?

How do I keep it from stopping?

The Asylum Clock and Employment Authorization• Electronic tracking system managed by EOIR.

• Tracks how many days have elapsed since an asylum applicant filed a complete asylum application (form I-589) with the immigration court.

• Days accrued on the clock can be calculated by USCIS Receipt Notice (affirmative) or by calling the EOIR Hotline at 1-800-898-7180(defensive).

• Can be stopped and started depending on what happens during the pendency of the proceedings i.e. delays caused by the asylum applicant.

• An asylum applicant becomes eligible to file for an Employment Authorization Document (EAD) 150 days after filing (or lodging) an asylum application and can receive an EAD after 180 days.

• Practice Tip: Put a reminder of the 150 day deadline on your calendar and have the application and supporting documents ready to send on that date.

Filing the Initial “Skeletal” I-589

• Complete the entire form

• Include all possible protected grounds

• Avoid precise dates and details if unsure

• Approximate dates and addresses are okay.

• “I will provide a detailed statement prior to

my interview/hearing.”

• You can amend/correct the I-589 later!

Form I-589: Defensive Filings

What to File:

• Form E-28

• Cover letter/Cover page

• Form I-589

• Identity document with certified English translation

• A separate application for each rider in consolidated cases

• Certificate of Service

Where to File• To Court - Original is filed (file in

person to get your copy stamped)

• To ICE-OCC - Complete copy of the original (mail or e-service only)• If e-serving: create account, break up

large filings, practice patience!

• To Nebraska Service Center (to initiate biometrics)• First three pages of the I-589

• G-28

• Copy of biometrics instructions

Defensive Filings for Families

• File a separate I-589 for each derivative (client’s spouse and children).

• Exception to 1-year deadline for children under 18.

• If derivatives are not in proceedings, include their information but check “No” to the box asking whether to include them.

Form I-765Application for Employment Authorization

Form I-765: EAD Application

What to keep in mind:

• No filing fee for initial filing as asylum applicant (or as an asylee!)

• Be ready to renew up to 180 days before expiration

• Automatic extension of 180 days if filed before EAD expires

What to file:

• G-28

• Form I-765

• Two passport photos

• Copy of USCIS receipt notice or first page of I-589 showing date lodged, if applicable

• Criminal records pertaining to arrests/convictions, if applicable

Litigating Asylum Claims in Removal Proceedings

Litigating Asylum Cases

Before you do anything in Immigration Court…

CONSULT THE IMMIGRATION COURT PRACTICE MANUAL!

The Master Calendar Hearing

Court’s Goals

• Confirm proper service of the NTA

• Take pleadings/Determine removability

• Designate country of removal

• Find out what kinds of relief from removal are being sought

• Schedule the next MCH, or call-up date and ICH

Applicant’s Goals

• Raise issues with service of the NTA

• Admit or dispute factual allegations contained in the NTA

• Concede or contest removability

• Decline to designate country of removal

• ICH prep time v. asylum clock

The Notice to Appear (NTA)• Initiates removal

proceedings

• Contains factual allegations supporting removability

• States government’s legal basis for charging respondent as removable under the INA

What to prepare for the first MCH…

• E-28 Notice of Entry of Appearance

• E-33 Change of Address (if applicable)

• Review the NTA with your client and know how you’re going to plead

• Be mindful of the one-year filing deadline and make sure your I-589 is filed on time

• Be aware of the court’s processing priorities (“FAMU”)

• Discuss strategy with your client around timing that may affect the asylum clock.


• Motion to Continue

• Motion to Advance Hearing Date

• Motion to Substitute Counsel

• Motion to Consolidate

• Motion to Change Venue

• Motion to Permit Telephonic Testimony

• Motion to Withdraw

• Motion to Accept Untimely Filing

• Motion to Extend Page Limit!

Common Motions

Reach out to OCC Duty Attorney for their position before filing any motions (per ICPM)!• [email protected]

Supplementing the Record

What to file before the ICH…• Prehearing Statement/Brief

• Updates to I-589

• Index of Supporting Evidence

• Annotated Table of Contents

• Witness list

• Declarations

• Forensic Reports/Evaluations

• Printed (and underlined) country conditions documents

• Proof of Service!

• Motions

Index of Supporting Evidence

Submit evidence to support every element of your asylum claim:

• Identity

• Severity of past persecution

• Likelihood of future persecution

• Nexus to protected grounds

• Government unwillingness/inability to control

• Inability to internally relocate

• Merits a favorable exercise of discretionNew practitioners: consider keeping an evidence chart/checklist!

Supplemental Filings - Types of Evidence

*Mine the footnotes!Secondhand NGO reports and academic articles often cite to helpful news articles and other primary sources.

Declarations Client, family members, witnesses

Documents from Home Country Medical records, land titles, newspaper articles, police reports, court documents

Physical/Mental Health Evaluations Include a curriculum vitae showing qualifications of examiner

Country Conditions Expert Affidavits Include qualifications of experts

Country Conditions Evidence* Human Rights Reports, news coverage, NGO reports, academic articles, books, home country laws

Proof of relationship with derivatives Wedding certificates, birth certificates

Request Technical Assistance from the Center for Gender and Refugee Studies

Country conditions, expert affidavits, practice advisories, and more!

Other considerations before the ICH…

• How to file

• Check the ICPM for instructions re: page numbering, caption pages, tabs, copies, etc.

• Serve OCC (by mail or online)

• When to file

• Default deadline is 15 days before hearing unless otherwise specified by IJ

• Conferring with the Office of Chief Counsel

• Opposing counsel assigned ~ 2 weeks before ICH

• Narrow the issues/learn OCC’s perspective

• Judge will want to know you tried

Litigating Asylum Cases:Submitting and Challenging Evidence

• Preparing Your Evidence

• Federal Rules of Evidence are not strictly applied

• REAL ID Act

• Corroboration may be required unless applicant doesn’t have the evidence and cannot reasonably obtain it

• Authentication of documents• Chain of custody

• Keep your envelopes!

• Be prepared to oppose DHS evidence

• Late filing (unless DHS is seeking admission to impeach)

• Unreliable – identify errors in document

• Duress, intimidation, coercion at the border

• Ask for time to review new documents submitted at the hearing

Getting Ready for the ICH…

• Any changes or corrections to the I-589?

• Has anything happened to your client/family recently?

• Do biometrics need to be refreshed?

• Any changes in the country of origin?

• Any changes to expert availability?

• Credibility/consistency is key

• Don’t ask or answer questions you don’t know the answer to

• Anticipate the weaknesses/what DHS will bring up on cross-examination

• Prepare client and witnesses on procedure/Observe an ICH w/ your IJ

• Use LCCR mentor/CGRS technical assistance, and all other resources at your disposal!

Preparing Your Witnesses and Yourself


• IJ will mark the exhibits and enter them into the record (NTA=Ex.1, I-589=Ex.2, etc.)

• IJ will inquire whether biometrics have been completed/are current

• IJ will confirm that Respondent understands the interpreter

• Testimony of Respondent

• Direct Examination, Cross-X, Re-direct, Re-cross

• Testimony of Other Witnesses

• Direct Examination, Cross-X, Re-direct, Re-cross

• May proffer witness statement in lieu of testimony

• Closing Statement (if allowed)

• Hearing Concludes

Nuts and Bolts of What to Expect at the ICH

Litigating Asylum CasesConcluding The ICH

• Decision often from the bench

• Considerations to discuss prior to the hearing:• Whether to reserve/waive appeal• Whether to challenge withholding grant (e.g.

family unity)

• Conclusion of the Hearing

• Requests to offer additional evidence• Keep the record open• Continuance• Post-hearing brief

• New calendaring priorities and due process concerns

• Did you have enough time to present evidence/witnesses on your pre-hearing list?

Litigating Asylum CasesAfter the ICH

• BIA• 30 days to file NOA• Automatic Stay of Removal• BIA will issue briefing schedule• Post-hearing brief• BIA Pro Bono Project

• 9th Circuit• 30 days to file PFR• No automatic stay, may file Motion for Stay

concurrently

• Motions to Reopen/Reconsider/Remand• Errors of law or fact• New facts/info

QUESTIONS?

Amanda Bhuket

Senior Staff Attorney – Immigrant Justice

Lawyers’ Committee for Civil Rights of the San Francisco Bay Area

[email protected]

IV.

V.

VI.

U.S. Department of Justice

Executive Office for Immigration Review

Office of the Chief Immigration Judge

Chief Immigration Judge

5107 Leesburg Pike. Stith, 2500 Fails Church, Virginia 20530

December 2, 2013

MEMORANDUM

TO:

All Immigration Judges All Court Administrators All Attorney Advisors and Judicial Law Clerks All Immigration Court Staff

FROM: Brian M. O'Leary Chief Immigration Judge

SUBJECT: Operating Policies and Procedures Memorandum 13-02: The. Asylum. Clock

This Operating Policies and Procedures Memorandum (OPPM) supersedes OPPM 11-02.

Table of Contents Introduction 3

Authority 3

Applicability 4

A. Applications Filed Prior to January 4, 1995 4 B. ABC Cases 4

Starting the Asylum Clock 4

A. Applications Filed With USCIS 4 1. Referred After Interview 5

a. Fewer Than 75 Days at Referral 5 b. 75 Days or More at Referral 5

2. No-Show at Interview Before USCIS 5 3. Failure to Pick Up Decision and NTA 5

B. Applications Filed With the Immigration Court 6

General Principles 6

A. One-Year Filing Deadline 6 B. Applications for Withholding of Removal and Convention Against Torture 7

Proceedings Before the Immigration Court 7

A. Stopping and Starting the Asylum Clock 7 B. Adjournment Codes 7

1. Codes that Stop and Run the Clock 7

OPPM 13-02: The Asylum Clock Page 2

2. Neutral Adjournment Codes ....................................................................... 8C. Expedited and Non-Expedited Asylum Cases ........................................................ 8

1. Expedited Cases .......................................................................................... 82. Cases With 75 Days or More at Referral .................................................... 83. Cases Where the Applicant Failed to Appear Before USCIS..................... 8

D. Judge, Court Administrator, and Court Staff Responsibilities ............................... 8E. Offering Future Hearing Dates ............................................................................... 9

1. Non-Expedited Cases.................................................................................. 92. Expedited Cases .......................................................................................... 9

a. Making an Initial Determination................................................... 10b. Asking Whether the Applicant Wants an Expedited Hearing Date

....................................................................................................... 10c. Offering an "Expedited Asylum Hearing Date" ........................... 10

3. Judges Should Not Use Other Language .................................................. 11F. Between Hearings ................................................................................................. 11

1. The Status of the Clock Does Not Change Between Hearings ................. 112. Advancing Future Hearings ...................................................................... 113. Rescheduling Future Hearings.................................................................. 11

a. Case is Rescheduled by Court....................................................... 12b. DHS-Caused Delay....................................................................... 12c. Applicant-Caused Delay ............................................................... 12

4. Changes of Venue and Transfers .............................................................. 13G. Additional Adjournment Code Guidance ............................................................. 13

1. Code 21 (Supplement Asylum Application) .............................................. 132. Code 36 (Preparation of Records / Biometrics Check / Overseas

Investigation by Alien) .............................................................................. 14H. Issuing a Decision at a Later Date ........................................................................ 14

1. Adjourning for a Decision at a Later Hearing .......................................... 142. Reserved Decision .................................................................................... 14

I. Motions to Reopen................................................................................................ 14

VII. Addressing Asylum Clock Requests................................................................................. 14

A. Parties.................................................................................................................... 15B. Judges and Court Administrators.......................................................................... 15C. Judges Should Not Issue Clock Orders................................................................. 15

VIII. Cases on Appeal or Remand ............................................................................................. 16

IX. Conclusion ........................................................................................................................ 16


I. Introduction

The Executive Office for Immigration Review (“EOIR”) operates an “asylum clock,”which measures the length of time an asylum application has been pending for each asylumapplicant in removal proceedings. As explained below, the asylum clock is an administrativefunction that tracks the number of days elapsed since the application was filed, not including anydelays requested or caused by the applicant. This Operating Policies and ProceduresMemorandum (“OPPM”) provides guidance on the asylum clock for proceedings before EOIR.

II. Authority

The Immigration and Nationality Act (“INA” or “Act”) contains two distinct provisionsrelating to 180-day time frames in the context of asylum applications.

INA § 208(d)(5)(A)(iii) sets a goal for adjudication of asylum applications:

In the absence of exceptional circumstances, final administrativeadjudication of the asylum application, not including administrativeappeal, shall be completed within 180 days after the date anapplication is filed.

INA § 208(d)(2) addresses employment authorization in the context of asylumapplications:

An applicant for asylum is not entitled to employment authorization,but such authorization may be provided under regulation by theAttorney General. An applicant who is not otherwise eligible foremployment authorization shall not be granted such authorizationprior to 180 days after the date of filing of the application forasylum.

Both of these sections of the Act are interpreted at 8 C.F.R. §1208.7(a)(2):

The time periods within which the alien may not apply foremployment authorization and within which the [Department ofHomeland Security] must respond to any such application andwithin which the asylum application must be adjudicated pursuantto section 208(d)(5)(A)(iii) of the Act shall begin when the alien hasfiled a complete asylum application in accordance with [8 C.F.R.]§§ 1208.3 and 1208.4. Any delay requested or caused by theapplicant shall not be counted as part of these time periods,including delays caused by failure without good cause to follow therequirements for fingerprint processing.


When an asylum application is pending before an Immigration Judge, EOIR tracks the timeelapsed since the filing date to measure compliance with the asylum adjudications goal of INA§ 208(d)(5)(A)(iii). This period does not include any delays requested or caused by the applicant,and it ends with the final administrative adjudication of the application. This period also does notinclude administrative appeal or remand. See section VIII (Cases on Appeal or Remand), below.

The Department of Homeland Security (ADHS@), U.S. Citizenship and ImmigrationServices (“USCIS”), is responsible for adjudicating applications for employment authorizationfiled by asylum applicants. The USCIS Asylum Division manages the asylum clock while theasylum application is pending with USCIS. To facilitate USCIS=s adjudication of employmentauthorization applications, EOIR provides USCIS with access to its asylum adjudications clock forcases before EOIR.

III. Applicability

All asylum applications have an asylum clock, except as described below.

A. Applications Filed Prior to January 4, 1995

Asylum applications filed before January 4, 1995, do not have an asylum clock.

B. ABC Cases

Asylum applications filed pursuant to the settlement agreement in American BaptistChurches v. Thornburgh, 760 F. Supp. 796 (N.D. Cal. 1991), do not have an asylum clock.

IV. Starting the Asylum Clock

The asylum clock starts as follows, depending on whether the application was filed withUSCIS or in immigration court.

A. Applications Filed With USCIS

An asylum application filed with USCIS is known as an Aaffirmative@ application. Foraffirmative applications that have an asylum clock, USCIS commences the tracking of the asylumclock when a complete application is filed with USCIS. When an affirmative asylum applicationis referred from the USCIS Asylum Division, EOIR begins to track the clock calculating the daysfrom the day when a complete application was filed with USCIS. The case is referred with theclock either running or stopped, as described below, depending on the status of the proceedingsbefore USCIS.


1. Referred After Interview

If the application is referred after the applicant appeared at an interview with a USCISasylum officer, the asylum clock is running when the case is referred to EOIR. For example, ifUSCIS’s clock is running at 48 days when the case is referred, then EOIR=s clock begins running at48 days on the date of referral.

a. Fewer Than 75 Days at Referral

If a case is referred to EOIR with fewer than 75 days elapsed on the asylum clock, the caseis treated as an Aexpedited asylum case@ and is therefore subject to EOIR=s 180-day adjudicationsdeadline. These cases should be completed within 180 days after the application was filed, notincluding any delays caused by the applicant. For more information on the handling of expeditedasylum cases at the immigration court, see section VI(C)(1) (Expedited Cases), below.

b. 75 Days or More at Referral

If a case is referred to EOIR with 75 days or more elapsed on the asylum clock, the case isnot treated as an “expedited asylum case” and is therefore not subject to EOIR=s 180-dayadjudications deadline, although the clock will run and stop as usual. For more information onthe handling of such cases at the immigration court, see section VI(C)(2) (Cases With 75 Days orMore at Referral), below.

2. No-Show at Interview Before USCIS

If an applicant fails to appear at an interview before USCIS, the clock may be stopped byUSCIS. If the case is then referred after the clock is stopped by USCIS, the clock is not restartedby EOIR. See 8 C.F.R. §§ 208.10, 1208.7(a)(2), 1208.7(a)(4). For more information on suchcases, see section VI(C)(3) (Cases Where the Applicant Failed to Appear Before USCIS), below.

The applicant can request that USCIS reopen the case before USCIS. The applicant canmake such a request before the case is referred to EOIR. If the case has been referred to EOIR,the applicant may consult USCIS=s procedures for such situations as explained in the USCISAffirmative Asylum Procedures Manual, which is available online athttp://www.uscis.gov/USCIS/Humanitarian/Refugees%20&%20Asylum/Asylum/2007_AAPM.pdf.

3. Failure to Pick Up Decision and NTA

If an applicant fails to appear at his or her appointment with USCIS to receive the asylumofficer=s decision and the Notice to Appear (Form I-862), the clock is stopped on the date theapplicant failed to appear. See 8 C.F.R. § 1208.9(d). The clock does not restart on the date thecase is referred to EOIR. However, the clock can restart at the first master calendar hearingbefore the immigration court, as described in section VI (Proceedings Before the ImmigrationCourt), below. Whether such a case is treated as an “expedited asylum case” depends on thenumber of days on the clock at referral. See section IV(A)(1) (Referred After Interview), above.


B. Applications Filed With the Immigration Court

An asylum application that is first filed in immigration court is known as a “defensive”application. For defensive applications, EOIR=s asylum clock begins to run when the applicantfiles a complete asylum application in accordance with 8 C.F.R. §§ 1208.3 and 1208.4. See 8C.F.R. § 1208.7(a)(2).

A defensive asylum application is “filed” for asylum clock purposes when it is accepted bythe judge at a hearing. See Revised OPPM No. 00-01, Asylum Request Processing. A FormI-589 (Application for Asylum and for Withholding of Removal) that is submitted as part of amotion to reopen or other motion filed out of court is not “filed” for asylum clock purposes until:(1) the motion has been granted; and (2) the asylum application is accepted by the judge at ahearing.

In some cases, a Form I-589 is filed as an application for withholding of removal underINA § 241(b)(3) or protection under the Convention Against Torture, but not asylum. A FormI-589 filed for these purposes can be accepted by the immigration court at the court window, bymail, or by courier service. However, acceptance of a Form I-589 at the court window, by mail,or by courier service is not a “filing” for asylum clock purposes. See section V(B) (Applicationsfor Withholding of Removal and Convention Against Torture), below.

Furthermore, an asylum application is not “filed” for asylum clock purposes if it does notinclude a response to each of the questions contained in the Form I-589, is unsigned, or isunaccompanied by the required materials specified in 8 C.F.R. § 1208.3(a). See 8 C.F.R.§ 1208.3(c)(3). For information on supplementing an asylum application that has already beenfiled, see section VI(G)(1) (Code 21 (Supplement Asylum Application)), below.

V. General Principles

EOIR applies the following general principles with respect to the asylum clock in all cases.

A. One-Year Filing Deadline

EOIR interprets the federal regulations to provide that the asylum clock runs, except duringapplicant-caused delays, until the judge has adjudicated whether the asylum application was filedwithin one year after the date of the applicant=s arrival in the United States and, if not, whether anexception to this filing deadline applies. See INA § 208(a)(2)(B); 8 C.F.R. §§ 1208.3, 1208.4,1208.7.

Therefore, when an alien files a Form I-589 as an application for asylum, the clock runs,except during applicant-caused delays, until:

$ The applicant concedes that the asylum application was not timely and that noexceptions to the deadline apply; or


$ The judge has adjudicated that the asylum application was not timely and that noexceptions to the deadline apply; or

$ The judge has otherwise adjudicated the asylum application.

B. Applications for Withholding of Removal and Convention Against Torture

If a Form I-589 is filed as an application for withholding of removal under INA § 241(b)(3)or protection under the Convention Against Torture, and not as an application for asylum, there isno asylum clock. See Revised OPPM No. 00-01, Asylum Request Processing.

VI. Proceedings Before the Immigration Court

This section describes the operation of the asylum adjudications clock in proceedingsbefore the immigration court.

A. Stopping and Starting the Asylum Clock

The clock runs during the proceedings before EOIR, except during “[a]ny delay requestedor caused by the applicant.” 8 C.F.R. § 1208.7(a)(2). Following each hearing, the clock runs orstops depending on the reason the hearing was adjourned. If the hearing was adjourned becauseof a DHS or EOIR-related delay, the clock runs until the next hearing. If the hearing wasadjourned because of an applicant-caused delay, the clock stops until the next hearing.

Even if the clock stopped due to an applicant-caused delay, the clock will restart at the nexthearing unless there is another applicant-caused delay.

B. Adjournment Codes

The clock is programmed to run or stop based on adjournment codes entered into EOIR’selectronic database.

1. Codes that Stop and Run the Clock

The adjournment code reflects why the hearing was adjourned; certain codes are used foralien-related adjournments, certain codes for DHS-related adjournments, and certain codes forEOIR-related adjournments.

$ When a code indicating an applicant-caused delay is entered, the clock is stoppeduntil the next hearing.

$ When a code indicating a DHS or EOIR-related delay is entered, the clock runsuntil the next hearing.


2. Neutral Adjournment Codes

Neutral adjournment codes are codes that do not affect the clock. For example, seesection VI(F)(2) (Advancing Future Hearings).

C. Expedited and Non-Expedited Asylum Cases

1. Expedited Cases

Asylum cases subject to the 180-day adjudications deadline are known as “expeditedasylum cases.” These cases should be completed within 180 days after the application was filed,not including any delays requested or caused by the applicant. Accordingly, expedited asylumcases should be scheduled so the case is completed within the 180-day deadline.

Judges and staff should remember that two categories of asylum cases are not expedited, asexplained below.

2. Cases With 75 Days or More at Referral

As noted in section IV(A)(1)(b) (75 Days or More at Referral), above, an affirmativeasylum application referred to EOIR with 75 days or more on the asylum clock is not treated as an“expedited asylum case” and is therefore not tracked under EOIR=s 180-day adjudicationsdeadline. However, even though EOIR does not track these cases under the 180-dayadjudications deadline, the clock will run and stop as usual. In such cases, hearings do not need tobe expedited, but the appropriate adjournment code should be used to accurately reflect the reasonfor the adjournment. For example, if the case is being set from a master calendar to an individualcalendar hearing, then a code 17 (MC to IC B Merits Hearing) should be used unless the applicantcauses a delay in scheduling the individual calendar hearing.

3. Cases Where the Applicant Failed to Appear Before USCIS

As noted in section IV(A)(2) (No-Show at Interview Before USCIS), above, if an asylumapplication is referred after an applicant fails to appear at an interview with a USCIS asylumofficer, and the clock is stopped by USCIS, it is not restarted by EOIR. In such cases, hearings donot need to be expedited.

Please note that, in cases where the applicant failed to appear at his or her appointment withUSCIS to receive the asylum officer=s decision and the Notice to Appear (Form I-862), the clock isnot permanently stopped. See section IV(A)(3) (Failure to Pick Up Decision and NTA), above.Whether such a case is expedited depends on the number of days on the clock at referral.

D. Judge, Court Administrator, and Court Staff Responsibilities

When a case is before the immigration court, responsibilities related to adjournment codesand the asylum clock are divided as follows. The judge is responsible for deciding the reason foreach adjournment. If at a hearing, the judge must make the reason(s) for the case adjournment


clear on the record. In addition, the judge may inform the parties how many days are on the clockand whether the clock is running or stopped.

In all cases, the judge should annotate the case worksheet on the left side of the Record ofProceedings with the corresponding adjournment code. When a judge specifies a code, or stateshow many days are on the clock and whether the clock is running, the judge is performing anadministrative function, not making an adjudication.

For example, the judge might state on the record: “This hearing is being continued to allowthe respondent time to retain an attorney or representative.” The judge would annotate the caseworksheet with “code 01,” and the court administrator or court staff would then ensure that theadjournment code 01 (Alien to Seek Representation) is entered into the Case Access System forEOIR (“CASE”).

The court administrator and court staff are responsible for ensuring that each adjournmentcode is accurately entered into CASE.

For responsibilities in responding to asylum clock inquiries, see section VII (AddressingAsylum Clock Requests), below.

E. Offering Future Hearing Dates

This section provides instructions for offering a future hearing date during a hearing in anasylum case. Because the asylum clock can restart after it was previously stopped, judges mustfollow the instructions below whenever resetting an asylum case for a future hearing.

The judge should begin by determining on the record whether the case is an expeditedasylum case. See section VI(C) (Expedited and Non-Expedited Asylum Cases), above. Afterthis determination has been made, the judge should proceed as follows.

1. Non-Expedited Cases

In a non-expedited asylum case, the judge should determine on the record the reason for theadjournment. The appropriate adjournment code should be used and the case need not bescheduled within the 180-day adjudications deadline.

2. Expedited Cases

In an expedited asylum case, the judge should first make an initial assessment on the recordof why the case should be adjourned. For example, the judge might determine that the caseshould be adjourned to allow the applicant=s attorney time to prepare, or to allow DHS time toconduct an investigation.

Having made this assessment, the judge should proceed as follows.


a. Making an Initial Determination

The judge should then make an initial determination whether the next hearing should bescheduled within the 180-day adjudications deadline. The next hearing need not be scheduledwithin the 180-day adjudications deadline if the case is being adjourned for an alien-related reason.

For example, if the case is being adjourned to allow the applicant=s attorney additional timeto prepare, then the next hearing need not be scheduled within the 180-day adjudications deadline.The adjournment code 02 (Preparation B Alien / Attorney/ Representative) should be entered, andthe clock will stop until the next hearing.

In all other situations, the next hearing may need to be scheduled within the 180-dayadjudications deadline, and the judge should proceed as described below.

b. Asking Whether the Applicant Wants an Expedited HearingDate

If the judge determines that the next hearing may need to be scheduled within the 180-dayadjudications deadline, the judge should then specifically ask on the record whether the applicantwants an “expedited asylum hearing date.”

If the applicant does not want an expedited asylum hearing date, then adjournment code 22(Alien or Representative Rejected Earliest Possible Asylum Hearing), or another appropriate codethat also stops the clock until the next hearing, should be used. The case need not be scheduledwithin the 180-day adjudications deadline.

c. Offering an “Expedited Asylum Hearing Date”

If the applicant wants an expedited asylum hearing date, the judge should offer the firstavailable date within the 180-day adjudications deadline. Generally, when setting a non-detainedcase from a master calendar hearing to an individual calendar hearing, a minimum of 45 days mustbe allowed, even if the 180-day adjudications deadline is imminent. Generally, when setting adetained case from a master calendar hearing to an individual calendar hearing, a minimum of 14days should be allowed. These time periods may be shortened if requested by the applicant. Forexample:

$ If the applicant accepts that hearing date, then adjournment code 17 (MC to IC BMerits Hearing), or another appropriate code that also allows the clock to run untilthe next hearing, should be used.

$ If the applicant declines or is unable to accept that hearing date, then adjournmentcode 22 (Alien or Representative Rejected Earliest Possible Asylum Hearing), oranother appropriate code that also stops the clock until the next hearing, should beused. For example, if the applicant wants an expedited hearing date but is unableto accept the date offered because he or she will not be able to timely filesupplementary documents prior to that date, the adjournment code 21 (Supplement


Asylum Application) should be used. When the applicant declines or is unable toaccept the hearing date offered, the case need not be scheduled within the 180-dayadjudications deadline.

3. Judges Should Not Use Other Language

When scheduling a future hearing in an asylum case, judges should not use language otherthan that described above. For example, judges should not ask an asylum applicant if he or shewishes a hearing “on the expedited docket” or wishes to “waive the clock.” Phrases such as thesecan lead to confusion as to how the asylum clock works.

F. Between Hearings

1. The Status of the Clock Does Not Change Between Hearings

In general, the status of the clock does not change between hearings. If a hearing wasadjourned because of an applicant-caused delay, the clock is stopped until the next hearing. If ahearing was adjourned because of a DHS or EOIR-related delay, the clock runs until the nexthearing.

For example, if an applicant requests that a hearing be adjourned to retain an attorney, thenthe clock is stopped until the next hearing because it is deemed an applicant-caused delay. Theclock will remain stopped until the next hearing even if the applicant then retains an attorney onemonth before the next hearing. However, a party may file a motion to advance a future hearing,as described below.

2. Advancing Future Hearings

In some cases, a future hearing may be cancelled and rescheduled for an earlier date. Thismay be done because a judge has granted a party=s motion to advance the hearing, or by theimmigration court without a party=s request.

When a hearing date is advanced, the status of the clock will remain the same until the newhearing date. Following the new hearing date, the clock will run or stop, depending on the reasonfor the adjournment. For example, if the clock had been stopped and the judge grants theapplicant=s motion to advance, the clock will remain stopped until the new hearing date. At thattime, it will restart if the new hearing is adjourned for a DHS or EOIR-related delay.

When a future hearing is advanced, court staff should enter the adjournment code 55(Hearing Deliberately Advanced) for the future hearing date that is being rescheduled. Code 55 isa neutral code that will not affect the clock.

3. Rescheduling Future Hearings

In some cases, a future hearing may be cancelled and rescheduled for a later date. Thismay be done at the request of one of the parties or by the immigration court without a party=s


request.

When rescheduling a future hearing for a later date, court staff should enter an adjournmentcode for the cancelled hearing that accurately reflects why the hearing is being rescheduled,following the instructions below. The adjournment code previously used should not be reenteredunless that adjournment code accurately reflects why the future hearing is being rescheduled.

a. Case is Rescheduled by Court

If the future hearing is being rescheduled for court-related reasons, court staff should enteran EOIR-related (“IJ” or “Operational”) adjournment code for that hearing, unless a party causes adelay in rescheduling the hearing, as discussed below. If an EOIR-related adjournment code isused, the clock will run starting on the date the hearing would have taken place.

For example, if the hearing is being rescheduled because the judge will be on detail atanother immigration court and will be unavailable to hear the case, the code 35 (Unplanned IJLeave B Detail / Other Assignment) is the appropriate adjournment code. In such a case, even ifthe clock was previously stopped, it will run starting on the date the hearing would have takenplace. Since code 35 allows the asylum clock to run, court staff should be mindful of setting thenew hearing within the 180-day adjudications deadline.

When feasible, court staff may contact the parties when rescheduling a hearing to verifythat they will accept the first available date for that hearing. If one of the parties causes a delay inrescheduling the hearing, the appropriate alien or DHS-related adjournment code should be used.

For DHS delays, court staff should be mindful of setting the case within the 180-dayadjudications deadline, unless the case is not an expedited asylum case. See section VI(E)(Offering Future Hearing Dates), above.

Court staff should document in writing any delays caused by either party and place thedocumentation on the left side of the Record of Proceedings.

b. DHS-Caused Delay

If the future hearing is being rescheduled because the judge granted DHS=s motion tocontinue, a code reflecting a DHS-related adjournment should be used. If such a DHS-relatedadjournment code is used, the clock will run starting on the date the hearing would have takenplace. Court staff should be mindful of setting the case within the deadline, unless the case is notan expedited asylum case. See section VI(E) (Offering Future Hearing Dates), above.

c. Applicant-Caused Delay

If the future hearing is being rescheduled because the judge granted the applicant=s motionto continue, a code reflecting an alien-related adjournment should be used. If such analien-related adjournment code is used, the clock will stop on the date the hearing would havetaken place.


4. Changes of Venue and Transfers

When an asylum applicant files a motion to change venue from one immigration court toanother immigration court, and the judge grants the motion, the asylum clock is stopped from thedate the motion is granted until the next hearing. On the date of the next hearing, the clock mayrestart or remain stopped, depending on the reason for the adjournment.

When DHS files a motion to change venue from one immigration court to anotherimmigration court, and the judge grants the motion, if the asylum clock was running, it continuesto run until the next hearing. If the clock was stopped before the judge granted the motion, itstarts to run from the date the motion is granted until the next hearing. On the date of the nexthearing, the clock may continue to run or may be stopped, depending on the reason for theadjournment.

In addition, cases are sometimes transferred between two hearing locations that shareadministrative control of cases, without a motion to change venue. Typically, these hearinglocations are located close to one another, and one of them is in a prison or other detention facility.When an asylum case is transferred between two hearing locations, the clock runs from the date ofthe transfer until the next hearing. On the date of the next hearing, the clock may stop or continuerunning, depending on the reason for the adjournment.

G. Additional Adjournment Code Guidance

This section provides additional guidance on the use of particular adjournment codes.

1. Code 21 (Supplement Asylum Application)

When the applicant has filed an asylum application pursuant to 8 C.F.R. §§ 1208.3 and1208.4 and states that he or she wants an expedited asylum hearing date and will be supplementingthe application, the judge should offer an expedited asylum hearing date. If the applicant acceptsthe initial hearing date offered and will be able to timely file any supplements to the applicationbefore that hearing, the clock should run until that hearing.1 Code 21 (Supplement AsylumApplication), which stops the clock, is the appropriate adjournment code only if the applicantrequests a delay to supplement the application. For example:

$ The applicant has filed an asylum application. At a master calendar hearing, theapplicant accepts an expedited asylum hearing date, and states that he or she will betimely filing an additional affidavit and background documents. Adjournmentcode 17 (MC to IC B Merits Hearing) should be used, permitting the asylum clockto run until the next hearing.

$ If, in the previous example, the applicant will not be able to timely file the

1 Timeliness is determined according to Chapter 3.1(b) (Timing of submissions) of the Immigration Court PracticeManual, unless otherwise specified by the judge on the record.


supplementary documents prior to the expedited hearing date, then the applicantshould not be provided the expedited hearing date and adjournment code 21(Supplement Asylum Application), or another appropriate code that stops the clock,should be used.

2. Code 36 (Preparation of Records / Biometrics Check / OverseasInvestigation by Alien)

Code 36 (Preparation of Records / Biometrics Check / Overseas Investigation by Alien),which stops the asylum clock, is the appropriate adjournment code only if the applicant causes adelay because of failure without good cause to follow the requirements for fingerprint orbiometrics processing. 8 C.F.R. ' 1208.7(a)(2).

H. Issuing a Decision at a Later Date

1. Adjourning for a Decision at a Later Hearing

When the judge adjourns a hearing to enter a decision at a later hearing, the first hearingshould be adjourned using the adjournment code 13 (Insufficient Time to Complete Hearing),which allows the clock to run. However, if there is an independent reason for the case to beadjourned, the appropriate code should be used. For example, if all testimony has been taken butthe applicant failed without good cause to follow the requirements for fingerprint or biometricsprocessing, the adjournment code 36 (Preparation of Records / Biometrics Check / OverseasInvestigation by Alien) would be appropriate.

2. Reserved Decision

When the judge adjourns a hearing to issue a written decision without scheduling a futurehearing date, the hearing should be adjourned using the adjournment code RR (ReservedDecision), which allows the clock to run. The judge should be mindful of issuing the decisionwithin the 180-day adjudications deadline.

I. Motions to Reopen

When an alien who has filed an asylum application submits a motion to reopen to theimmigration court, the guidelines in Revised OPPM No. 00-01, Asylum Request Processing,should be followed.

VII. Addressing Asylum Clock Requests

This section describes the administrative procedures to follow in addressing concernsrelating to EOIR’s asylum adjudications clock in particular cases.


A. Parties

Parties should not file motions related to the asylum clock. If an asylum applicantbelieves an asylum clock in a particular case is incorrect, this should be addressed as follows:

$ During a hearing, the issue should be addressed to the judge, and the judge shouldaddress the issue on the record with the parties.

$ After a hearing, the issue should be addressed to the court administrator in writing.

$ If a party believes the issue has not been addressed correctly at the immigrationcourt level, the party may then contact the Assistant Chief Immigration Judge inwriting.

$ For cases pending before the Board of Immigration Appeals, see section VIII(Cases on Appeal or Remand), below.

$ When a party addresses an asylum clock issue in writing, the party should provide adetailed explanation of why they believe the clock is incorrect. Such anexplanation assists EOIR in resolving the issue.

B. Judges and Court Administrators

When a concern has been raised out of court about a particular case, the court administratoris responsible for ensuring that each adjournment code accurately reflects the reason the hearingwas adjourned, and that the asylum clock is accurate.

When a court administrator receives an inquiry relating to the asylum clock, the courtadministrator should review the Record of Proceedings, EOIR=s electronic database, and thehearing recording. If necessary, the court administrator should discuss the purpose of anyadjournments with the judge. The court administrator should take corrective measures needed toensure that each adjournment code is correct and that the asylum clock is accurate.

After ensuring that each adjournment code is correct and that the clock is accurate, thecourt administrator should respond by letter or e-mail to an applicant=s request to adjust the clock.Except for motions and judges= responses to any motions, which are discussed below, anycorrespondence, including e-mails, regarding the clock should be placed on the left side of theRecord of Proceedings.

For additional information on judge and court administrator responsibilities with respect tothe asylum clock, see section (VI)(D) (Judge, Court Administrator, and Court StaffResponsibilities), above.

C. Judges Should Not Issue Clock Orders

Because the asylum clock is an administrative function, and decisions regarding the


asylum clock are not adjudications, judges should not issue orders regarding the asylum clock. Ifa court receives a motion regarding the asylum clock, the judge should not issue an order inresponse, but rather should give a copy of the motion to the court administrator to be resolved asdescribed above. In response to a clock motion, the judge may issue a standard response; forexample, “The respondent=s motion to restart the clock is an administrative request. Accordingly,it has been referred to the court administrator for resolution.” The motion and the judge=sresponse to the motion should be placed on the right side of the Record of Proceedings. Thejudge=s response should be served on both parties.

VIII. Cases on Appeal or Remand

As discussed in section II (Authority), above, EOIR=s asylum clock is an adjudicationsclock that is maintained for the purpose of measuring compliance with the asylum adjudicationsgoal of INA § 208(d)(5)(A)(iii). EOIR=s asylum adjudications clock permanently stops when thejudge issues a decision granting or denying the asylum application, as the decision constitutes“final administrative adjudication of the asylum application, not including administrative appeal”under INA § 208(d)(5)(A)(iii). Therefore, EOIR’s asylum clock does not run during any appealof the decision to the Board of Immigration Appeals (“Board”), during judicial review before theFederal courts, or if a case has been remanded to the immigration court. However, if an applicantis applying for asylum for the first time during a remanded proceeding, then the clock starts andstops as usual.

Furthermore, as discussed in section II (Authority), USCIS is responsible for adjudicatingapplications for work authorization. Accordingly, if an applicant believes that he or she iseligible for work authorization while the case is on appeal or remand, the applicant should contactUSCIS.

However, if a case is pending before the Board and the asylum applicant believes that moretime should have accrued on the clock during the initial proceedings before the immigration court,the applicant may contact the Executive Office for Immigration Review, Office of the GeneralCounsel, by letter. When a party addresses an asylum clock issue in writing, the party shouldprovide a detailed explanation of why the clock appears to be incorrect. Such an explanationassists EOIR in resolving the issue.

IX. Conclusion

This OPPM provides guidance on the asylum clock for proceedings before EOIR. If youhave any questions, please contact your Assistant Chief Immigration Judge or Mark Pasierb, ChiefClerk, Office of the Chief Immigration Judge.

OPPM 18-02: Definitions and Use of Adjournment, Call-up, and Case Page 2

Identification Codes

D. Revised List of Adjournment Codes with Definitions

Code

Reason

Definition

*01

Alien to Seek Representation

Adjourned for alien to seek

representation.

*02

Preparation - Alien/Attorney/Representative

Adjourned to allow alien/attorney/

representative time to prepare the case.

Includes allowing time to file an

additional relief application not

initially requested, or to take witness

testimony outside corrections facility,

e.g., at the Immigration Court for a

witness in a 240A(b) hearing.

03

Preparation - DHS

Adjourned to allow DHS time for case

preparation or to cover other DHS-

requested continuances not included on

this list.

04

DHS or DHS Administrative File

Unavailable for Hearing

Adjourned because DHS does not have

the A-File available, or does not appear

at the hearing.

*05

Alien to File for Asylum

Adjourned to allow the alien to file an

asylum application with the

Immigration Court.

*06

Alien to File Other Application

Adjourned to allow the alien to file an

application for relief (other than for

asylum) with the Immigration Court.

09

Alien in DHS/Corrections Custody Not

Presented for Hearing

Adjourned because DHS/Corrections

did not bring the detainee/inmate to a

scheduled hearing.

10

Notice Sent/Served Incorrectly

Attorney and/or alien does not appear

at the scheduled hearing due to the

notice of hearing containing inaccurate

information, or, alien/attorney appears

but has not received adequate notice of

hearing of the proceedings.

* These codes will stop the Asylum Clock until the next hearing.



D. Revised List of Adjournment Codes (continued)

*11

Other No-Show by Alien/Alien's Attorney

or Rep.

Adjourned because an alien and/or his

or her attorney/representative does not

appear at a scheduled hearing for any

reason except an incorrect notice or

DHS oversight.

*12

Other Alien/Alien's

Attorney/Representative Request

Adjourned at the request of an

alien/alien’s attorney/representative for

a reason that is not covered in this

OPPM.

13

Insufficient Time to Complete Hearing

Adjourned because the case could not

be completed in the time allotted.

Includes preparation of IJ oral decision

(different from a "reserved decision”)

for delivery at scheduled hearing, IJ to

hear testimony of additional witnesses,

or to take and present a deposition.

†16

Alien Released From DHS/Corrections

Custody

Adjourned from a detained to a non-

detained calendar due to alien release

from custody/incarceration (except for

transfer from IHP custody to DHS

custody).

17

MC to IC - Merits Hearing

Adjourned from a Master Calendar to

an Individual Calendar for a merits

hearing, usually allowing time to file

and process applications for relief

before the hearing on the merits.

‡1A

Case Transferred From Non-Detained to

Detained Docket

Adjourned because the case was

transferred to a detained docket.

‡1B

Case Transferred From Detained to Non-

Detained Docket

Adjourned because the case was

transferred to a non-detained docket.

*21

Supplement Asylum Application

Adjourned to file additional

attachments or updates to a previously

filed Form I-589.

* These codes will stop the Asylum Clock until the next hearing. † This code was inactivated on June 8, 2018. ‡ These codes were added on June 8, 2018.




*22

Alien or Representative Rejected Earliest

Possible Asylum Hearing

Original hearing reset date was rejected

and rescheduled to a later date.

*23

Asylum Application Withdrawn/Reset for

Other Issue

Hearing adjourned because the

Form I-589 was withdrawn or the

hearing was reset for other issues.

24

DHS Delayed Records/Fingerprint Check

Adjourned to allow DHS to complete

the biometrics checks including

required database and fingerprint

checks.

25

To Allow for Scheduling of Priority Case

Adjourned to allow for space to set a

time-sensitive case.

*26

Alien Request for an In-Person Hearing

Telephonic/televideo hearing adjourned

due to a request by alien for an

in-person hearing.

27

DHS Request for an In-Person Hearing

Telephonic/televideo hearing adjourned

due to a request by DHS for an in-

person hearing.

28

IJ Determined an In-Person Hearing is

Necessary

Adjourned because IJ determined that

an in-person hearing is necessary.

29

Concurrent Application

Alien/Attorney/Representative has filed

an application for any other form of

relief in addition to suspension of

deportation or cancellation of removal.

Typically used during the

suspension/cancellation grant cut-off

period.

*30

Consolidation with Family Members

Adjourned to allow Immigration Court

to consolidate a family under one lead

A#.

* These codes will stop the Asylum Clock until the next hearing.




31 RC to SC Merits Hearing

Adjourned from a Reasonable Cause to

a Special Circumstances Merits

Hearing in a continued detention

review case. Occurs after a final

decision by the IJ or the BIA has

determined that DHS met the burden to

show reasonable cause to proceed with

a merits hearing.

32

Interpreter Not Ordered

Adjourned because the case requires an

interpreter but none was ordered.

33

Interpreter Ordered, but FTA

Case adjourned because the ordered

interpreter failed to appear.

§34

IJ Leave

Adjourned because the presiding IJ is

on leave.

†35

Unplanned IJ Leave - Detail/Other

Assignment

Adjourned because the presiding IJ is

on detail assignment or other

administrative assignment.

*36

Alien Delayed Records/Fingerprint Check

Adjourned to allow alien time to

complete the required paperwork for a

biometrics check or an overseas

investigation.

37

DHS Investigation

Adjourned to allow DHS time to

complete investigations.

*38

Illness of Alien/Atty Rep/Witness

Adjourned due to severe and legitimate

illness of alien, attorney or

representative, or alien’s witness.

‡3A

IJ Detail (Volunteer)

Adjourned because the IJ was

unavailable due to volunteer detail.

‡3B

IJ Detail (Non-Volunteer)


unavailable due to non-volunteer detail.

* These codes will stop the Asylum Clock until the next hearing. † This code was inactivated on June 8, 2018. ‡ These codes were added on June 8, 2018. § This code was renamed from “Unplanned IJ Leave – Sick/Annual” on June 8, 2018.




*42

Alien Requested Forensic Analysis

Adjourned by request of alien for

forensic analysis.

43

DHS Forensic Analysis

Adjourned by request of DHS for

forensic analysis.

44

Cooperating Witness/Law Enforcement

Adjourned because alien is a

cooperating witness or law

enforcement has an interest in the alien.

*45

Joint Request of Both Parties

Adjourned at the request of

alien/attorney/representative and

government representative.

46

Video Malfunction

Adjourned due to malfunction of video

equipment.

47

New Charge Filed by DHS

Adjourned because of newly filed

charge by DHS.

48

Interpreter Appeared but Disqualified

Adjourned because contract interpreter

appeared but disqualified by IJ; e.g., IJ

previously disqualified interpreter from

all future hearings, or it is determined

during the hearing that the interpreter is

not interpreting correctly and IJ

disqualifies interpreter.

49

Juvenile Home Study

Adjourned due to required home study

before final adjudication.

4A

Technical Malfunction (not video)

Adjourned due to non-video technical

malfunction.

4B

Interpreter Must Leave

Adjourned due to interpreter departure

from hearing.

‡4C

Interpreter Appeared but Wrong Language

or Dialect

(EOIR-related) Adjourned because the

wrong interpreter appeared due to court

error.

* These codes will stop the Asylum Clock until the next hearing. ‡ These codes were added on June 8, 2018.




‡*4D

Interpreter Appeared but Wrong Language

or Dialect

(Alien-related) Adjourned because the

wrong interpreter appeared after the

respondent’s representative provided

the wrong language or dialect to the

court.

‡4E

ROP Missing

Adjourned because the EOIR ROP is

not available for the hearing.

50

Quarantine - Detained Cases

Adjourned because alien is quarantined

due to outbreak of illness in detention

facility.

*51

Contested Charges

Adjourned because charges are

contested by alien.

*52

Jurisdiction Rests with the BIA

Adjourned due to alien filing certain

appeals or motions causing jurisdiction

to shift from the court to the BIA.

*54

Alien Claim to U.S. Citizenship

Adjourned because alien claims to be a

U.S. citizen.

†55

Hearing Deliberately Advanced by Court

Adjourned because circumstances

dictated that the hearing be moved

forward; e.g., a non-detained alien is

arrested and hearing must be placed on

the detained docket, causing an earlier

hearing date to be scheduled.

59

Court Closure

Adjourned due to unscheduled court

closure (weather, safety, environmental

factors, a federal government

shutdown).

5A

Hearing Advanced by Motion

Adjourned because an earlier hearing

has been scheduled following a motion.

* These codes will stop the Asylum Clock until the next hearing. † This code was inactivated on June 8, 2018. ‡ These codes were added on June 8, 2018.




‡*5B Late Filed Evidence (Alien)

Adjourned because the court accepted

late-filed evidence from the respondent

and needs additional time for file

review.

‡5C

Late Filed Evidence (DHS)

Adjourned because the court accepted

late-filed evidence from the

government and needs additional time

for file review.

60

EOIR Forensic Competency Evaluation

Adjourned to allow a forensic

competency evaluation to be

conducted.

61

Appointment of Qualified Representative

Adjourned to allow for the appointment

of a qualified representative for the

alien.

62

Judicial Competency Inquiry

Adjourned and set for a judicial

competency inquiry at a subsequent

hearing.

63

Non-Franco Competency Inquiry

For non-Franco cases, adjourned and

set for competency inquiry at a

subsequent hearing.

64

IJ Reassignment


reassigned due to recusal, transfer of

case, separation from service, etc.

*7A

DHS Application Process - Alien Initiated

Adjourned to allow the adjudication of

an application pending with DHS.

7B

DHS Application Process - DHS Initiated

Adjourned to allow the adjudication of

an application pending with DHS.

*8A

IJ Completion Prior to Hearing

Adjourned because IJ completed case

prior to the scheduled hearing.

* These codes will stop the Asylum Clock until the next hearing. ‡ These codes were added on June 8, 2018.




‡*8B

IJ Completion at Hearing

Case was completed at the hearing.

99

Data Entry Error

Hearing date entered in error and

cannot be corrected. (CASE users

only)

‡‖‖9A

Docket Management (Postpone Hearing)

Hearing postponed by EOIR for docket

management reasons.

‡‖‖9B

Docket Management (Advance Hearing)

Hearing advanced by EOIR for docket

management reasons.

* These codes will stop the Asylum Clock until the next hearing. ‡ These codes were added on June 8, 2018. ‖‖ These codes are only available to Court Administrators and designated Advanced Users.

E. Call-up Codes

Code Description

AB

Alien/Attorney/Representative to file brief (other than for appeal)

AS

Alien/Attorney/Representative to file an Asylum Application - Form I-589

CA

LPR Alien/Attorney/Representative to file application for Cancellation of

Removal - Section 240A(a)

CB

Non-LPR Alien/Attorney/Representative to file application for Cancellation of

Removal - Section 240A(b)

DD

Decision of the IJ is delayed due to extenuating circumstances during a continued

detention review hearing

IA

Interlocutory appeal filed by DHS to appeal the denial of a motion for protective

order

IB

DHS to file document(s) or brief (other than for appeal)

MR

Pending IJ response to motion or request - motion for change of venue; motion for

termination; request for continuance, etc.



E. Call-up Codes (continued)

OT Alien/Attorney/Representative to file other application/document

RC

DHS to provide records checks

RE

Alien/Attorney/Representative to file application for Registry - Section 249

RR

Reserved Decision

SR

Pending State Department response to Asylum Application

ST

Alien/Attorney/Representative to file application for Adjustment of Status -

Section 245

SU

Alien/Attorney/Representative to file application for Suspension of Deportation -

Section 244

WA

Alien/Attorney/Representative to file application for a waiver, e.g. Section 212(i)

F. Case Identification Codes

Code Description

4M

NTA Not Filed Within 120 Days of EPRD

AD

ATD Pilot

CD

Civil Detention Hearing

EM

Electronic Monitoring

FL

Franco Litigation

PB

EOIR Pro Bono Representation

PO

Protective Order

RD

Reserved Suspension/Cancellation Decision

SR

Stipulated Removal

SX

Stipulated Removal Order - Denied



G. Use of Adjournment, Call-Up, and Case Identification Codes

Court Administrators should review this OPPM with court staff to ensure that adjournment,

call-up, and case identification codes are accurately entered into CASE.

Attachment

Preparation – DHS 03 R

DHS or DHS Administrative File Unavailable for Hearing 04 R

Alien in DHS/Corrections Custody Not Presented for Hearing 09 R

DHS Delayed Records/Fingerprint Check 24 R

DHS Request for an In-Person Hearing 27 R

DHS Investigation 37 R

DHS Forensic Analysis 43 R

Cooperating Witness/Law Enforcement 44 R

New Charge Filed by DHS 47 R

Juvenile Home Study 49 R

Quarantine – Detained Cases 50 R

Hearing Advanced by Motion 5A N

Late-Filed Evidence (DHS) 5C R

DHS Application Process – DHS Initiated 7B R

Insufficient Time to Complete Hearing 13 R

IJ Determined an In-Person Hearing is Necessary 28 R

IJ Leave 34 R

IJ Detail (Volunteer) 3A R

Interpreter Appeared but Wrong Language or Dialect 4C R

IJ Reassignment 64 R

Reserved Decision RR R

ALIEN - RELATED ADJOURNMENTS

DHS - RELATED ADJOURNMENTS

OPERATIONAL ADJOURNMENTS Data Entry Error

Description Code Clock

Alien to Seek Representation 01 S

Preparation – Alien/Attorney/Representative 02 S

Alien to File for Asylum 05 S

Alien to File Other Application 06 S

Other No-Show by Alien/Alien's Attorney or Rep. 11 S

Other Alien/Alien's Attorney/Representative Request 12 S

Supplement Asylum Application 21 S

Alien or Rep. Rejected Earliest Possible Asylum Hearing 22 S

Asylum Application Withdrawn/Reset for Other Issue 23 X

Alien Request for an In-Person Hearing 26 S

Consolidation with Family Members 30 S

Alien Delayed Records/Fingerprint Check 36 S

Illness of Alien/Atty Rep/Witness 38 S

Alien Requested Forensic Analysis 42 S

Joint Request of Both Parties 45 S

Interpreter Appeared but Wrong Language or Dialect 4D S

Contested Charges 51 S

Jurisdiction Rests with the BIA 52 S

Alien Claim to U.S. Citizenship 54 S

Hearing Advanced by Motion 5A N

Late-Filed Evidence (Alien) 5B S

DHS Application Process – Alien Initiated 7A S

Description Code Clock

Notice Sent/Served Incorrectly

10

R

MC to IC – Merits Hearing 17 R

Case Transferred from Non-Detained to Detained Docket 1A R

Case Transferred from Detained to Non-Detained Docket 1B R

To Allow for Scheduling of Priority Case 25 R

Concurrent Application 29 R

RC to SC Merits Hearing 31 R

Interpreter Not Ordered 32 R

Interpreter Ordered, but FTA 33 R

IJ Detail (Non-Volunteer) 3B R

Video Malfunction 46 R

Interpreter Appeared but Disqualified 48 R

Technical Malfunction (not video) 4A R

Interpreter Must Leave 4B R

ROP Missing 4E R

Court Closure 59 R

EOIR Forensic Competency Evaluation 60 R

Appointment of Qualified Representative 61 R

Judicial Competency Inquiry 62 R

Non-Franco Competency Inquiry 63 R

IJ Completion Prior to Hearing 8A S

IJ Completion at Hearing 8B S

Data Entry Error 99 N

IJ - RELATED ADJOURNMENTS

COLOR KEY

RED = Alien-Related Reason

GREEN = DHS-Related Reason

BLUE = EOIR-Related Reason (IJ)

ORANGE = EOIR-Related Reason (Operational)

CLOCK CODES

S = Stops

R = Runs

X = Eliminates

N = Neutral

Adjournment Codes

June 8, 2018

Court Administrators and Advanced Users Only:

Docket Management (Postpone Hearing) 9A R

Docket Management (Advance Hearing) 9B N

Call-up Codes October 5, 2017

Case Identification Codes October 5, 2017

Code

Description

4M

NTA Not Filed Within 120 Days of EPRD

AD

ATD Pilot

CD

Civil Detent ion Hearing

EM

Electronic Monitoring

FL

Franco Lit igat ion

PB

EOIR Pro Bono Representat ion

PO

Protect ive Order

RD

Reserved Suspens ion/Cancellat ion Decis ion

SR

St ipula ted Removal

SX

St ipula ted Removal Order - Denied

Code

Description

AB

Alien/Attorney/Representative to file brief (other than for appeal)

AS

Alien/Attorney/Representative to file an Asylum Application - Form I-589

CA

LPR Alien/Attorney/Representative to file application for Cancellation of Removal - Section 240A(a)

CB

Non-LPR Alien/Attorney/Representative to file application for Cancellation of Removal - Section 240A(b)

DD

Decision of the IJ is delayed due to extenuating circumstances during a continued detention review hearing

IA

Interlocutory appeal filed by DHS to appeal the denial of a motion for protective order

IB

DHS to file document(s) or brief (other than for appeal)

MR

Pending IJ response to motion or request - motion for change of venue; motion for termination; request for continuance, etc.

OT

Alien/Attorney/Representative to file other application/document

RC

DHS to provide records checks

RE

Alien/Attorney/Representative to file application for Registry - Section 249

RR

Reserved Decision

SR

Pending State Department response to Asylum Application

ST

Alien/Attorney/Representative to file application for Adjustment of Status - Section 245

SU

Alien/Attorney/Representative to file application for Suspension of Deportation - Section 244

WA

Alien/Attorney/Representative to file application for a waiver, e.g. Section 212(i)