NYC Immigration Court - 26 Federal Plaza Standing Order Regarding COVID19
1 UNITED STATES DEPARTMENT OF JUSTICEEXECUTIVE OFFICE FOR IMMIGRATION REVIEWNEW YORK FEDERAL PLAZA IMMIGRATION COURTSTANDING ORDER REGARDING THE COVID-19 PANDEMICDue to the COVID-19 pandemic and in the interest of public health and safety, the New York – Federal Plaza Immigration Court hereby issues the following Standing Order regarding COVID-19. This Order is effective immediately for all scheduled hearings, both detained and non-detained (once the Court resumes hearing non-detained cases), and shall remain in effect until further Order of the Court.I.BUILDING SAFETYAt all times, the rules, restrictions and guidelines set forth by the General Services Administration (GSA) must be followed for admission to 26 Federal Plaza. At all times, the rules, restrictions and guidelines set forth by the Department of Justice (DOJ) must be followed for entry into DOJ-controlled areas, e.g. waiting rooms, courtrooms, etc. II.TELEPHONIC APPEARANCESA.MASTER HEARINGS1.All master calendar hearings for represented respondents will be conducted telephonically without the need for a motion for telephonic appearance to be filedin advance. A respondent is considered represented once counsel or an accredited representative files a Form EOIR-28 with the Court in accordance with 8 C.F.R. § 1292.4(a).2.The Court hereby waives the presence of all represented respondents for master hearings in accordance with 8 C.F.R. § 1003.25(a).3.Counsel or accredited representatives for respondents are strongly encouraged to file written pleadings in advance of the telephonic master hearing in accordance with Immigration Court Practice Manual (ICPM). For an example of acceptable written pleadings, see ICPM, Appendix L (April 10, 2020) at otherwise ordered by the individual Immigration Judge, all filings, including but not limited to applications, pretrial motions, briefs, and supplemental documents, must be filed in accordance with the time limits in the ICPM in advance of the telephonic master hearing. The Court will not accept any filings on the date of the telephonic master hearing.5.While U.S. mail, overnight delivery service will be accepted, the parties are strongly encouraged to submit filings by way of e-mail, in accordance with the Court’s 5/1/2020 Standing Order Regarding Temporal and Page Limits for Documents Filed Via Electronic Mail until the NYC Court is fully operational. 2 According to PM 20-13, EOIR will no longer accept email filings via 60 days after the Court has resumed hearing non-detained cases.B.INDIVIDUAL MERITS HEARINGS1.The individual Immigration Judge, in his or her discretion, and upon consent of the respondent and DHS, may conduct a telephonic merits hearing in accordance with 8 C.F.R. § 1003.25(c). For any merits hearing, a timely motion for telephonic appearance is required in advance of the hearing and must include a sworn affidavit or declaration from the respondent indicating that he or she has been advised of the right to proceed in person and waives that right. See 8 C.F.R. § 1003.25(c). 2.The parties are strongly encouraged to confer and reach stipulations as to facts and/or legal issues in advance of all hearings. See 8 C.F.R. § 1003.21; Immigration Court Practice Manual, Chap. 4.18;Matter of Yewondwosen, 21 I&N Dec. 1025 (BIA 1997). 3.Unless otherwise ordered by the individual Immigration Judge, all filings, including but not limited to applications, pretrial motions, briefs, and supplemental documents, must be filed in advance of the telephonic merits hearing in accordance with the ICPM. No filings, other than rebuttal or impeachment evidence, will be accepted in Court on the date of the telephonic merits hearing. See ICPM, Chap. 3.1(b)(ii)(A).4.Unless otherwise ordered by the individual Immigration Judge, the respondent must file any changes, corrections or amendments to all pending applications and/or to his or her declaration(s) in accordance with the time limits set by the ICPM in advance of the telephonic merits hearing. 5.While U.S. mail, overnight delivery service will be accepted, the parties are strongly encouraged to submit filings by way of e-mail, in accordance with the Court’s 5/1/2020 Standing Order Regarding Temporal and Page Limits for Documents Filed Via Electronic Mail until the NYC Court is fully operational. According to PM 20-13, EOIR will no longer accept email filings via 60 days after the Court has resumed hearing non-detained cases.6.The parties may agree to request that the Court issue a decision based solely on the sworn application(s) and documentary evidence, consistent with Matter of Fefe, 20 I & N Dec. 116 (BIA 1989) andMatter of E-F-H-L-, 26 I&N Dec. 319, 322 fn. 3 (BIA 2014), vacated on other grounds 27 I&N Dec. 226 (A.G. 2018). If the parties reach such an agreement, they are encouraged to file a Joint or Unopposed Motion to Adjudicate Application Without Evidentiary Hearing on the Merits, in advance of any hearing. Such motion must include all required stipulations. If no such agreement is reached in advance of the hearing, the parties may make an oral motion at the outset of the hearing. The Joint or Unopposed Motion to Adjudicate Application Without Evidentiary Hearing 3 on the Merits must include at a minimum the following: a.A sworn affidavit or declaration from the respondent indicating:1)that the respondent has been advised of the right to proceed in person and waives that right; 2)that any application or request for relief on which the respondent is proceeding and any affidavits or supporting declarations have been readto the respondent in a language the respondent speaks and understands;3)that any application or request for relief and all documentary evidence is true, correct and complete to the best of the respondent’s knowledge; and 4)that any other pending relief applications are withdrawn or to be held in abeyance. A statement from the parties regarding their respective positions on appeal;b.A statement from DHS counsel regarding the status of requisite identity, law enforcement, or security investigations or examinations, and, if completed, the applicable expiration date in accordance with 8 C.F.R. § 1003.47(a); andc.If the respondent is applying for voluntary departure under INA §§ 240B(a)or (b), his or her counsel or accredited representative must clearly indicate in the Motion that he or she has explained to the respondent the conditions that attach to voluntary departure as set forth in 8 C.F.R. § 1240.26 and Matter of Gamero, 25 I&N Dec. 164 (BIA 2010). The Motion must also include a sworn affidavit or declaration from the respondent that he or she understands the conditions that attach to voluntary departure, and that he or she accepts such conditions should voluntary departure be granted in the exercise of the Court's discretion. See id. For the purposes of post-conclusion voluntary departure during the period this Standing Order is in effect, the parties should assume the Court would set the minimum bond of $500 and grant the maximum period of sixty (60) days to depart.C.GENERAL PROVISIONS1.To ensure the quality of the record, the parties appearing telephonically are strongly encouraged to be available by landline telephone in a quiet private location. Failure to respond when the case is called may result in the conclusion that counsel has failedto appear.2.All parties appearing telephonically before the Court must further comply with theattached instructions for making telephonic appearances. See Appendix A. 3.An EOIR-28 must be submitted with every motion. 4.Proposed orders accompanying any motions must be submitted in triplicate.An Immigration Judge may, in his or her discretion, halt any telephonic hearing, and the parties may be required to attend a future in-person hearing on a date to 4 be determined. Further, nothing in this Standing Order should be interpreted to supplant an Immigration Judge’s authority to manage his or her cases. IT IS SO ORDERED. _________________________ DATE: August 13, 2020 KHALILAH TAYLOR Assistant Chief Immigration Judge5 Appendix AInstructions for Telephonic Appearances before the NYC (26 Federal Plaza) Immigration CourtMaking Your Telephonic Appearance•You must call into the hearing at least 15 minutes before the hearing time.•In order to access the OpenVoice telephonic system, dial1- 888-585-9008.•After dialing the main number, you will be prompted to enter the conference room number. To determine the appropriate conference room number for the Immigration Judge you are telephonically appearing before, please refer to the table below:JudgeRoom NumberNoel Brennan230-203-150 Lori Campanella TBD*Olivia Cassin 916-920-282Amit Chugh941-386-372Raisa Cohen295-664-868Evalyn Douchy347-160-428Lisa Ehrens968-714-616Sam Factor960-622-201DavidFraidenTBD*Lena Golovnin999-400-469Cynthia Gordon870-795-912Vivienne Gordon-Uruakpa691-279-407Dorothy Harbeck 162-308-718Howard Hom 469-221-518Carrie Johnson-Papillo552-461-303Amiena Khan532-566-6416 JudgeRoom NumberDeborah Klahr207-395-182Theodora Kouris768-792-629Frederic Leeds923-153-081James Loprest 781-075-084Maria Lurye347-338-216Michael McFarland648-556-029Barbara Nelson487-482-565Brian Palmer600-591-335Cathy Sagasse135-225-209Douglas Schoppert529-624-453Alice Segal785-465-858John Siemietkowski 214-224-600Rantideva Singh547-287-281Oshea Spencer343-984-264Jem Sponzo611-855-043Khalilah Taylor290-405-5541Scott ThomsenTBD*Donald ThompsonTBD*Mimi Tsankov748-337-446Virna Wright721 149 134Randa Zagzoug436-858-972•A security code will be provided by the Court to the attorney of record or accredited representative in advance of the hearing. All attorneys and accredited representatives must ensure their contact information with the court is updated and accurate.*The Court will issue an amended standing order when this information becomes available. 7 •After entering the security code, you will be joined into the telephonic hearing and you will be asked to state your name. Please state your full name as it appears on your E-28 and the last three digits of the respondent’s A# for whom you are telephonically appearing.•After check-in, please mute your phone and wait until your case is called. Your case will be called in the order in which the Court deems appropriate.•To mute and unmute your participant line, use the mute feature on your phone or please press * 2. •Once you enter the hearing, do not place the call on hold as it will be disruptive to the hearings.•If Court has commenced once you enter the hearing, do not interrupt. Your name will be announced upon entering the hearing and late appearances will be disruptive to hearings already commenced.•Once your matter is concluded, please disconnect from the line.