EOIR has Postponed Certain Hearings

On January 10, 2022, in response to the recent increase in both active cases and community transmission of COVID-19, EOIR postponed certain hearings. Generally, the case categories are as follows, but please continue reading for additional information.  

If you have questions or are uncertain whether your hearing has been postponed, please check the Automated Court Information System online or at 800-898-7180 (TDD: 800-828-1120) or call the immigration court handling your case. 

Postponed/Rescheduled 

Non-detained cases without a lawyer or other representative of record  

Proceeding as Scheduled 

Detained cases, including bond requests and custody redeterminations  

Non-detained cases with a lawyer or other representative of record 

Non-detained cases without a lawyer or other representative of record who wish to proceed 

Cases of individuals outside the U.S. who are enrolled in the Migrant Protection Protocols

Non-detained individuals without a lawyer or other representative of record should not appear for any hearing scheduled through January 31, 2022. While EOIR will mail notice to all parties affected by this postponement, some parties will not receive the mailed notice of postponement or rescheduling in advance of hearings scheduled before January 15, 2022.  

In order to continue operations, including the hearings that impact liberty interests of those respondents detained by the Department of Homeland Security (DHS), EOIR’s highest priority cases will generally not be rescheduled. Further, EOIR will continue to hear cases of individuals who are outside of the United States awaiting a hearing as enrollees in DHS’s Migrant Protection Protocols (MPP). 

Certain categories of cases will not be postponed.  For individuals who are detained by DHS, cases will proceed as scheduled and be held by phone or online. Further, individuals who are not detained by DHS and have a lawyer or other representative of record, cases will be held by phone or online. For those individuals outside of the United States who are awaiting a hearing as enrollees in DHS’s Migrant Protection Protocols (MPP), cases will proceed as scheduled and will be held in person. For those individuals whose cases will proceed, the Notice of Hearing remains the best information regarding date and time of the hearing. 

EOIR will update this page and continue to provide the public with notice of any necessary additional postponements. 

What if I 

… am not in DHS detention and  

     … do not have an attorney? 

If you do not have an attorney, your case has been postponed and will be rescheduled. If you would like to request that the immigration court proceed with your case as scheduled, please call the immigration court to request that the court hear your case by phone or online. The immigration court will mail you with a new Notice of Hearing to provide you with a new hearing date and time.  

     … have an attorney? 

If you have an attorney, your case generally will proceed as scheduled. Plan to attend your hearing at the date and time indicated on your Notice of Hearing. Your hearing will occur by phone or online. 

… am in DHS detention? 

If you are in DHS detention, your case generally will proceed as scheduled. Plan to attend your hearing at the date and time indicated on your Notice of Hearing.  

… am not in the United States? 

If you are awaiting a hearing from outside of the United States as part of DHS’s Migrant Protection Protocols (MPP), your hearing will continue as scheduled. Continue to follow DHS’s instructions and plan to attend your hearing at the date and time indicated on your Notice of Hearing.  

 

Plain Language:

On January 10, 2022, in response to the recent increase in both active cases and community transmission of COVID-19, EOIR (Immigration Court) postponed certain hearings.

If you have questions or are not sure whether your hearing has been postponed, please check the Automated Court Information System online or at 800-898-7180 (TDD: 800-828-1120) or call the immigration court handling your case. 

Postponed/Rescheduled 

Cases involving someone who is not in detention and does not have a lawyer will be postponed/rescheduled.

Still as Scheduled 

Cases involving someone who is in detention, including bond requests and custody redeterminations, will continue as scheduled and will be held by phone or online. Plan to attend your hearing at the date and time indicated on your Notice of Hearing.  

Cases involving someone who is not in detention and has a lawyer will be held by phone or online. Plan to attend your hearing at the date and time indicated on your Notice of Hearing. 

Cases involving someone who is not in detention and does not have a lawyer, but who wants to move forward with their case, can continue as scheduled. If you would like to request that the immigration court proceed with your case as scheduled, please call the immigration court to request that the court hear your case by phone or online. The immigration court will mail you with a new Notice of Hearing to provide you with a new hearing date and time.  

Cases of individuals outside the U.S. who are enrolled in the Migrant Protection Protocols will continue as scheduled and will be held in person. Continue to follow DHS’s instructions and plan to attend your hearing at the date and time indicated on your Notice of Hearing. 

For those individuals whose cases will proceed, the Notice of Hearing has the best information regarding date and time of the hearing. 

People who are not in detention and do not have a lawyer should not appear for any hearing scheduled through January 31, 2022. Immigration Court will mail a letter to everyone who is affected by this postponement, but some people will not receive their letter before their hearing if it is scheduled before January 15, 2022. 

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