Microsoft Word - Cover Sheets for Packets.doc

Did You Miss

Your Hearing?

DID YOU MISS YOUR

HEARING?

If you missed your hearing the Judge may have closed your case and

ordered you removed from the United States in your absence (known as an

in absentia order of removal). To reopen your case, you need to file a

“Motion to Reopen an In Absentia Order” in writing, and file a copy with

the Court and the Department of Homeland Security on the 11

Floor.

The motion should contain the following information:

 Your name, address and telephone number.

 The date and time of your last hearing.

 Explain, in as much detail as possible, why you missed your hearing.

You must show that you missed your hearing because of “exceptional

circumstances” such as:

a. You did not receive your hearing notice.

b. You were in federal or state custody/jail/prison.

c. You or your parent or your child was the victim of battery or

extreme cruelty (i.e. domestic violence).

d. You or your parent or child was seriously ill or died.

e. Any other serious reason like the examples listed above.

 Include documents and evidence to show why you missed your hearing.

 Complete the “Alien Change of Address Form” (Form EOIR-33/IC).

 The motion should be filed with a cover page (see sample enclosed).

 You may need to pay a fee, please ask the 12

floor filing window about

fees for Motions to Reopen In Absentia Orders.

When to File Your Motion:

o You can file your motion at any time if (1) you missed your hearing

because you did not receive your hearing notice or (2) because you were

in federal or state custody/jail/prison. You must file your motion within

180 days of the hearing you missed, if you missed that hearing for any

other reason.

o Note: You cannot be removed while the Judge is deciding your Motion

to Reopen an In Absentia Order.

My OLD address was:

("In care of" other person, if any)

(Number

, Street, Apartment)

(City, State and ZIP Code)

(Country, if other than U.S.)

My NEW

address is:

("In care of" other person, if any)

(Number

, Street, Apartment)

(City, State and ZIP Code)

(Country, if other than U.S.)

(New Telephone Number)

Name: Alien Number: A

OMB# 1125-0004

Alien's Change of Address Form/

Immigration Court

U.S. Department of Justice

Executive Of

fice for Immigration Review

Immigration Court

You are required under 8 C.F.R. 1003.15(d)(2) to notify the Immigration Court of any change of address and any change of telephone

number within five (5) working days of moving or changing your address or phone number. You will receive notification as to the time,

date, and place of hearing or other official correspondence only at the address which you provide.

Failur

e to appear at any hearing before an Immigration Judge, when notice of that hearing or other official correspondence

was served on you or sent to the address you provided, may result in one or more of the following actions:

●

If you are not already detained, you may be taken into custody by the Department of Homeland Security (DHS) and held for further action; and

If you are in removal proceedings:

Your hearing may be held in your

absence under Section 240 of the

Immigration and Nationality Act (INA),

and an order of removal may be entered

against you. Furthermore, you may

become ineligible for the following

forms of relief from removal for a period

of 10 years after the date of the entry of

the final order:

1. Voluntary Departure as provided

for in Section 240B of the INA;

2. Cancellation of Removal as provided

for in Section 240A of the INA;

3. Adjustment of Status or Change of

Status as provided for in Section(s)

245, 248, or 249 of the INA.

If you are in deportation proceedings:

Your hearing may be held in your

absence under Section 242B of the

Immigration and Nationality Act (INA)

(1995), and an order of deportation may

be entered against you. Furthermore, you

may become ineligible for the following

forms of relief from deportation for a

period of 5 years after the date of the

entry of the final order:

1. Voluntary Departure as provided

for in Section 242(b) of the INA

(1995);

2. Suspension of Deportation or Vol-

untary Departure as provided for

in Section 244 of the INA (1995);

3. Adjustment of Status or Change of

Status as provided for in Section(s)

245, 248, or 249 of the INA (1995).

If you are in exclusion proceedings:

Your application for admission to the

United States may be considered

withdrawn, and your hearing may be

held in your absence and an order of

exclusion and deportation entered

against you.

PROOF OF SERVICE (You Must Complete This)

I mailed or delivered a copy of this Change of Address Form on to the

Office of the Chief Counsel for the DHS (U.S. Immigration and Customs Enforcement-ICE) at

✍ SIGN HERE

➜

Signature Date

✍ SIGN HERE

➜

Signature

(Name)

(Date)

(Number and Street, City, State, Zip Code)

Form EOIR - 33/IC

Revised March 2009

Fold Here

MAILING INSTRUCTIONS

1) Copy the completed form and mail or deliver it to the Office of the Chief Counsel DHS-ICE at the address you

inserted in the PROOF OF SERVICE. The PROOF OF SERVICE certifies that you provided a copy of the form to DHS.

2) Fold the page at the dotted lines marked "Fold Here" so that the address is visible.

(IMPORTANT: Make sure the address section is visible after folds are made.)

3) Secure the folded form by stapling along the open end marked "Fasten Here."

4) Place appropriate postage stamp in the area marked "Place Stamp Here."

5) Write in your return address in the area marked "PUT YOUR ADDRESS HERE."

6) Mail the original form to the Immigration Court whose address is printed below.

U.S. Department of Justice

Immigration Court

26 Federal Plaza, 12th Floor, Room 1237

New York, NY 10278

Place

Stamp

Here

Fasten Here

Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a valid OMB control number.

We try to create forms and instructions that are accurate, can be easily understood, and which impose the least possible burden on you to provide us with

information. The estimated average time to complete this form is three (3) minutes. If you have comments regarding the accuracy of this estimate, or suggestions for

making this form simpler, you can write to the Executive Office for Immigration Review, Office of the General Counsel, 5107 Leesburg Pike, Suite 2600, Falls Church,

Virginia 22041

PUT YOUR ADDRESS HERE

Form EOIR - 33/IC

Revised March 2009

Sample Cover Sheet

Your Name:_____________________________

Your Address:___________________________

____________________________

UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

IMMIGRATION COURT

City and State: ___________________________

________________________________________

)

In the Matters of: )

)

_____________________ ) File No.: A_________________________

(your name) ) (your alien registration number)

)

_______________________________________ )

Immigration Judge:___________________ Next Hearing Date:________________

MOTION TO

REOPEN AN IN

ABSENTIA ORDER

Sample Motion to Reopen an In Absentia Order

RESPONDENT’S MOTION TO REOPEN AN IN ABSENTIA ORDER

Now comes Respondent, ______________________ (Name), and moves this

Honorable Court to reopen these proceedings and rescind the in absentia order.

In support of this motion, I state as follows:

_____________________________________________________________________

Respectfully submitted,

________________________ Dated:__________________

Name

Sample Order

United States Department of Justice

Executive Office for Immigration Review

Immigration Court

____________________________________

[the court’s location (city or town) and state]

In the Matter of: _______________________ Alien Number: ___________________

[the respondent’s name] [the respondent’s alien number]

ORDER OF THE IMMIGRATION JUDGE

Upon consideration of the respondent’s Motion to Reopen an In Absentia Order, it is

HEREBY ORDERED that the motion be □ GRANTED □ DENIED because:

□ DHS does not oppose the motion.

□ The respondent does not oppose the motion.

□ A response to the motion has not been filed with the court.

□ Good cause has been established for the motion.

□ The court agrees with the reasons stated in the opposition to the motion.

□ The motion is untimely per ______________________.

□ Other:

Deadlines:

□ The application(s) for relief must be filed by ________________________________.

□ The respondent must comply with DHS biometrics instructions by _______________.

_________________________ ____________________________________

Date Immigration Judge

Certificate of Service

This document was served by: [ ] Mail [ ] Personal Service

To: [ ] Alien [ ] Alien c/o Custodial Officer [ ] Alien’s Atty/Rep [ ] DHS

Date: ________________________ By: Court Staff________________________

____________________________________

(Name of alien or aliens)

____________________________________

(“Alien number” of alien or aliens)

PROOF OF SERVICE

On ____________________, I, ____________________________________________,

(date) (printed name of person signing below)

served a copy of this Motion to Reopen an In Absentia Order,

and any attached pages to ______________________________________

(name of party served)

at the following address: ______________________________________________

(address of party served)

by __________________________________________________________________.

(method of service, for example overnight courier, hand-delivery, first class mail)

____________________________________ ________________________

(signature) (date)

This information is not intended, nor should it be construed in any way, as legal advice. The

information does not extend or limit the jurisdiction of the Immigration Courts as established

by law and regulation. Nothing in this packet shall limit the discretion of Immigration Judges

to act in accordance with law and regulation.