Here is How Immigrants can Change Their Immigration Court Check-in from In-Person to Online!
Here is how individuals can change their immigration court check-in from in-person to online, including a fill-in-the-blank Motion to Change Hearing Format form.
This involves filing a Motion to Change Hearing Format with the Court and copied to the government attorney assigned to the case, and the Court can either approve or not approve it. But we’re betting that most immigration courts will approve it because a) it’s easier for them and b) for the most part judges seem pretty annoyed at ICE’s antics and ICE disrupting their courtrooms.
Here’s what you need to know. First of all, this is to be done pro se, also known as “in pro per”, which are both fancy legal terms for “I don’t have a lawyer so am doing it myself”. So a note: IF YOU ARE NOT A LAWYER DO NOT ADVISE SOMEONE ON HOW TO DO THIS. Instead, point them to it, and perhaps help with *general* questions, but, again, *do not advise them*. We can’t emphasize this enough, because bar associations looooove to go after non-lawyers for unauthorized practice of law (known in the lingo as being charged with “UPL”; yes, charged, it’s a crime to provide legal advice if you are not a licensed attorney, just like it’s a crime to practice medicine without a license).
The Motion to Change Hearing Format has four parts:
a) The actual Motion
b) An “Exhibit” providing evidence to support why the change to online is being requested
c) A draft order changing the check-ins from in-person to online (what, you think that the judges or their clerks write up all of the orders in lawsuits and motions? Nope, often (not always, but often) the parties have to submit a draft order for what they are asking, so that all the judge has to do is sign it).
d) A “Proof of Service” attesting that you have sent a copy of the Motion, evidence, and proposed order to the government attorney in charge of the case.
The basic steps for filing the Motion to Change Hearing Format are:
1. Fill out the Motion to Change Hearing Format form. This includes a narrative explaining why it’s necessary to change from in-person to online. For example, maybe there is a medical reason. Or perhaps work won’t allow the time off. Or perhaps there is no adequate transportation (although this last may be a weaker reason). Personally, we would *not* say “because I’m afraid ICE will grab me”.
2. Attach the required evidence as an Exhibit. Evidence is documents supporting the request (letter from a doctor, letter from work, screenshots of trying to get transportation and it being too onerous, etc.).
3. Attach the proposed order for the judge to sign, changing the hearing format.
4. Attach the Proof of Service.
VERY IMPORTANT: UNLESS AND UNTIL THE COURT HAS CONFIRMED THE CHANGE OF FORMAT FROM IN-PERSON TO ONLINE, IN-PERSON CHECK-IN IS STILL REQUIRED!
After the form is completely filled out, with all of the information (do NOT give the Court an excuse to reject it by not including *everything* requested on the form), make three copies, and put one in the mail to the government attorney. Then deliver or mail the Motion with the evidence exhibit, the draft order, and the Proof of Service statement attached. Personally we would have someone hand-deliver it if at all possible, and have them wait in line to file it, and get a photocopy of the “file endorsed” (the time stamp when it was accepted by the court clerk) Motion. If mailing it, use certified mail with return receipt, or registered mail, or other ‘proof of delivery’ mail, or send it by FedEx or DHL.
The above are the basics. The below explainer PDF with a fill-in-the-blank form, along with much more comprehensive information including how to find the court and the government attorney in charge of the case, is provided courtesy of the National Immigration Project.
How to Change Immigration Court Check-in from In-Person to Online
