• Joseph Caraccio

Service in Immigration Court

A certificate of service must be part of any submission to Immigration Court. The certificate of service must meet the requirements set forth in the EOIR Practice Manual (Ch. 3.2, Appendix F). See sample certificate of service from the EOIR Practice Manual here.

The only two exceptions to the certificate of service requirement are:

  • Joint Motions signed by both parties; and

  • Filings that are submitted in open Court in which counsel serves all parties in Court.

All other submission in immigration court MUST include a signed certificate of service per Chapter 3.2in the EOIR Practice Manual.

Service and ECAS

If a filing is made using ECAS it must still include a certificate of service but service will be completed by the ECAS system. The parties do not need to separately serve any electronically filed documents on the opposing party.

If a case does not have an electronic record of proceedings and separate service is required then the ECAS system will typically pop-up a notice letting counsel know when submitting an EOIR-28 via ECAS. If all parties are using ECAS in a specific case then the ECAS system will not pop-up a warning about the need for separate service.

See Chapter 3.2in the EOIR Practice Manual


Sample Certificate of Service

Does a joint motion need a certificate of service?

It does not as per Chapter 3.2 of the EOIR Practice Manual.