EOIR Updated Guidance for Receipts of DHS NTAs
EOIR provides updated standards regarding the receipt of Notices to Appear (NTAs) filed by DHS. Due to technological advances and the need for advanced filing of NTAs to allow IJs to manage their dockets, EOIR is updating its policy to require DHS to file NTAs closer in time to service rather than at or just before the scheduled hearing. Standards are effective 30 days after the date of issuance.
The memo notes:
For any non-detained case in which DHS does not file the NTA with the immigration court within 120 calendar days after scheduling the case, EOIR will classify that as a FTP. EOIR will also reject the NTA if there is an attempt to file it more than 120 calendar days after scheduling the case. This change will apply to all NTAs issued and scheduled by DHS 30 days after the date of the issuance of this memorandum. Additionally, EOIR will apply the following standards for NTAs that were issued prior to the date of the issuance of this memorandum and have not yet been filed: If the hearing is scheduled between the effective date of this memorandum and December 31, 2025, the NTA must be filed by close of business on March 31, 2025, and if the hearing is scheduled on or after January 1, 2026, the NTA must be filed by June 30, 2025; otherwise, EOIR will classify the case as a FTP. This will allow EOIR time to repurpose the unused hearing slots and ensure that new cases can be scheduled in those time slots so all cases can be heard in a timely manner. Overall, this will increase efficiency, reduce pending case adjudication times, allow noncitizens to file documents with the immigration courts after they are served with an NTA, and allow EOIR to provide (and DHS to schedule) earlier hearing dates.
Finally, EOIR will continue to reject any NTA in which the time or date of the scheduled hearing is facially incorrect (for example, the hearing is scheduled on a weekend or holiday or at a time when the court is not open). A rejected NTA must be re-filed in order to initiate proceedings, and if DHS reschedules the case, the 120-calendar-day period will begin to run on the day the case was rescheduled.