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See all posts Frank GogolWhat Is the EOIR Courts & Appeals System?
There are multiple agencies involved in overseeing immigration in the United States. The Executive Office for Immigration Review (EOIR) is one of them. The majority of immigrants usually do not have to deal with the EOIR directly, but those who do often have little to no knowledge about the agency. If you received a notification from the USCIS that your case is being transferred to the EOIR, then this article is for you. You will learn everything about the EOIR and the ECAS and find the answers to frequently asked questions.
What Is the Executive Office for Immigration Review (EOIR)?
The United States Citizenship and Immigration Services (USCIS) comprises multiple subagencies, each responsible for a specific function. For example, the DHS, or the Department of Homeland Security, is responsible for protecting Americans and their properties.
Similarly, the Executive Office for Immigration Review is a subagency working under the USCIS responsible for handling removal proceedings in immigration courts. Whenever an immigrant is deported or court removed, the United States government offers him/her the right to challenge the immigration court’s decision.
The EOIR is further divided into subagencies. These are:
- Immigration Courts
- Board of Immigration Appeals or BIA
- Office of the Chief Administrative Hearing Officer (OCAHO)
The EOIR and its agencies are comprised of immigration judges who adjudicate the appeals made by immigrants and other agencies in a fair, transparent manner.
Immigration Courts conduct removal proceeding trials. The BIA’s responsibility is to interpret and apply immigration laws. It consists of 23 appellate immigration judges who review the laws from time to time.
The Office of the Chief Administrative Hearing Officer adjudicates more serious issues like the employment of unauthorized aliens in the United States.
Therefore, if your case has been referred to the EOIR or any of its subagencies, you’re most likely ordered removed or facing deportation. You must get an attorney to represent your case at the court.
What Is the EOIR Courts & Appeals System?
The EOIR Courts & Appeals System (ECAS) is an e-governance initiative undertaken by the agency to extend its digitization and information technology efforts as part of the E-Government Act of 2002.
With this initiative, the agency is also transitioning to electronic records to offer its services. Over time, the agency aims to eliminate all paper filing and reduce paper processing to the minimum. All case-related documents will be archived in electronic format in its database.
The ECAS is being deployed in two stages. As part of the first phase, it is already available in selected courts across the United States. You can find the list of courts here. The remaining courts will be covered in the next phase.
The ECAS can be used by two categories of people to file online — DHS representatives and Attorneys and Accredited representatives.
The DHS can file a Notice to Appear (NTA) and documents supporting the case online and view/download records of proceedings (eROPS).
Similarly, attorneys can file to represent a respondent, file documents to support a case, view eROPS, and pay BIA fees.
Therefore, if you’re an immigrant, you’re probably never going to use the system or have to register. It’s your attorney’s job to register, retrieve, and manage your case on the ECAS. But as a concerned party, you must understand how it works. Here are the three main features of the ECAS available for your attorney:
eRegistry
This is used to maintain the list and information about the attorneys and accredited representatives who want to represent a candidate in the immigration court. After the attorney registers himself/herself, they must appear at a set location for identification and verification purposes.
The attorneys that will be representing the DHS must also register themselves via eRegistry. Therefore, an attorney you want to represent you in the court must be registered in the ECAS via eRegistry and be approved.
eFiling
Registered attorneys can file forms EOIR-27 and EOIR-28 online, which are needed to process your appeals. EOIR-27 is the Notice of Entry of Appearance as Attorney or Representative Before the Board of Immigration Appeals. EOIR-28 is for the appearance of an attorney before the Immigration Courts. Only after filing these can the attorney represent an immigrant before the court. This filing process has now moved online and done through eFiling.
eInfo
This resource allows attorneys to access electronic information and updates related to the case. All documents are scanned and uploaded to the database. Attorneys can download an eROPS and reproduce a copy for the immigrant’s reference.
By December 2021, the EOIR will completely move into digital format, and the ECAS will be at the heart of it.
ECAS Frequently Asked Questions
What Is the EOIR Courts and Appeal System?
The ECAS is the electronic portal adopted by the EOIR to transition to e-papers and eliminate paperwork. It allows the DHS and immigration attorneys to file and access court proceedings.
What Are the Benefits of the ECAS?
The main benefit of the ECAS is reduced paperwork and digitized work processes, which improves accountability while lowering cost. This is part of the Government Paperwork Elimination Act.
How Will Case-Related Documents Be Retained Electronically?
All documents will be saved electronically for future reference. Thus, whenever an attorney or the DHS feels necessary, they can retrieve the information by logging into the ECAS system.
Am I Required To File Electronically at ECAS Courts?
All the filing work will be done by the attorney representing the immigrant. Immigrants aren’t required to file anything.
Can I Electronically File Case-Related Documents for Cases Being Heard in ECAS Courts?
Again, it’s the attorney’s responsibility to file anything on your behalf. They can reproduce the necessary documents for your reference.
Once the case moves into Immigration Court, it can take weeks and months for the court to make a final decision. You should always be in touch with your attorney for guidance in the case.