Dallas EOIR UPDATE

IJ Update

  • Judge Baird will be transferringis in the process of finalizing his transfer to the Atlanta court with his last day atCourt. It is expected that he will be leaving the Dallas court being November 6, 2015.
  • Judge Ozmun will handleCourt before the juvenile docket after IJ Baird departs. If it not known at this time if he will continue withend of the juvenile docket after IJ Baird’s replacement arrives. The court will begin to reset IJ Baird’s docket to either IJ Ozmun or to a later date in 2016/2017 later in the Fall that will definitely not be heard due to IJ Baird’s departureyear.
  • A replacement Judge for IJ Baird is in the works as is the approvalDallas has been approved for a 6th IJ by EOIR Headquarters. As such, the replacement IJ for Baird and an IJ to fill the additional 6th IJnew position are anticipated to be in place within approximately 6the next 4-5 months.
  • The Dallas Court is also hiring 3-4 more clerical staff to accommodate the increase in the court’s size and hope to have some of them onboard in a couple of months.

Calendaring of Cases

  • Court is now starting to reschedule and send out notices of hearing to those cases that were either- set off to 2019 or taken off calendar as non-priority cases.
  • Expect to start receiving notices within the next few weeks that will have a late 2016 date or even a 2017 date (depending on the IJ).
  • As far as non-detained merits cases go, they are still in a state of constant change depending on several factors not only in the Dallas Court but also what is happening with priority cases in other courts. Some IJ’s are being sent on Detail or hearing other priority cases forto other courts via VTC requiring Dallas to reschedule non-detained merits cases with very little notice.
  • Lawyers are advised to keep checking the EOIR system for schedule changes as things are constantly changing. Notice is being provided to counsel of record as soon as practicable but court still advises attorneys to check the system for last minute changes that may affect out of town witnesses, experts and traveling Respondents.

E-registration

  • Please be aware of the issues that arise with E-registration. HQ is working on streamlining the system but attorneys should be aware of the following:
  • If you were the attorney of record prior to e-registration and then you subsequently register and you have not changed anything with your old (pre- E-registration) address, then it should not affect where notices/orders are sent- you will need to file a new E-28 when filing additional documents like applications, evidence, motions, etc. There is not always an automatic sync with the file once you e-registered.
  • However, if you have changed your address in anyway or moved firms since E-registration has been in place, then it becomes critical that you adhere to the practice manual and file a new E-28 (checking new address) and send it to the court. It is strongly advised to send them at one time if possible in one envelope and put it to the attention of the Court Administrator – Personal &Confidential.
  • If you have changed addresses or firms you alone have the ability to change the address in E-registration. CAUTION – if you fail to send in the new E-28s with the big notation of new address to the C.A. then E-registration is programmed to ignore your address change in E-registration until the new E-28 is received and entered by court staff and therefore notices/orders will go to your old address.
  • If the Attorney is changing law firms, there must be either a “withdrawal” by the current attorney of record or a “motion for substitution” of counsel from the original law firm.
  • If in doubt, please contact Barbara Baker, Court Administrator at 214-761-5313 to discuss E-registration issues.
  • Anytime there has been a remand from the Board and you were the attorney on appeal- you MUST file a new E-28 with the court once the case is sent back. This applies EVEN IF you were the original attorney of record on the case or EVEN IF you have been the only attorney of record on the case. The BIA established procedures that the court staff send the new hearing notice to the alien, not the attorney of record from the case nor the attorney of record for the appeal if different. The decision from the BIA will be sent to the Respondent with a courtesy copy to the attorney but you will still need to file a NEW E-28.
  • Any time there is a change of address for the ATTORNEY- it is recommended that you contact the Court Administrator, Barbara Baker, to confirm the procedure for the Attorney change of address. EACH case will need a new E-28 as the system is not completely set up to merge the new address with each file in which the attorney has made an appearance. The E-28 with the new address should be clearly marked on the outside of an envelope stating “Change of Address for Attorney” and directly to either Barbara Baker or Dan Allen. If the Attorney is changing law firms, there must be either a “withdrawal” by the current attorney of record or a “motion for substitution” of counsel from the original law firm.

New DOJ Security Policy Regarding Electronics

  • See Directive Below-

In Executive Office for Immigration Review (EOIR) space in both federal and commercial facilities, use of electronic devices (including but not limited to cellular phones, smart phones, cameras, laptops, tablets, personal digital assistants (PDAs), MP3 players, and all other audio or visual recording/recording-capable devices, or broadcasting/broadcasting capable devices) by the public is prohibited.

EOIR space is defined to include courtrooms, as well as all interior entrances/exits, corridors, conference rooms and waiting areas that are in direct view or control of security, immigration court, Board of Immigration Appeals (Board) or Office of the Chief Administrative Hearing Officer (OCAHO) personnel; and all interior entrances/exits, corridors, and waiting areas that are part of EOIR’s daily operations. All electronic devices must be turned off within EOIR space. Upon written request to the EOIR Office of Legislative and Public Affairs, EOIR can make available stock photographs and video of EOIR space.

Attorneys or representatives of record, active members of a State Bar, and attorneys from the Department of Homeland Security representing the government in proceedings before EOIR will be permitted to use electronic devices in EOIR space for the limited purpose of conducting relevant court and business related activities (e.g. within the courtroom – scheduling; within pro bono rooms – client conferences).

Electronic devices must be turned off in EOIR space when not in use, and must be set to silent/vibrate mode when in use in the courtroom; they may not be used to make audio or video recordings, or capture still images/photographs of any kind, in EOIR space.

Violators of this security directive are subject to possible penalties by authority of the Federal Protective Service, as per 40 U.S.C. § 1315 (see also 41 C.F.R. Subpart C, §§ 102-74.365 thru 102-74.455). Furthermore, an Immigration Judge has discretion to impose other remedial measures to maintain proper order in the courtroom, pursuant to an Immigration Judge’s general statutory and regulatory authority to take any action that is appropriate and necessary for the disposition of cases, as per 8 C.F.R. § 1003.10(b). Similar discretion lies with Board Members (see 8 C.F.R. § 1003.1(d)(1)(ii)) and the ALJ (see 28 C.F.R. §§ 68.28(a)(7) and (8)).

Please be aware of this policy because it has now become necessary to enforce these provisions based on reported abuses and disruptions within EOIR Spaces. Any clarifications or questions regarding this policy should be directed toat Barbara Baker, Dallas Court Administrator.