Certain EOIR Immigration Court Hearings Postponed due to Omicron COVID Surge

We begin the start of a new week with more unpleasant COVID-19 related delays. If you planned to attend an immigration hearing before the Executive Office for Immigration Review (EOIR), you may find yourself out of luck.

The EOIR recently announced that beginning January 10, 2022, the agency has postponed non-detained, non-represented case hearings due to the surge in Omicron variant cases nationwide.

Individuals in immigration proceedings should be sure to maintain updated contact information with their immigration court to ensure they receive the latest news regarding the status of their immigration hearings.

Which hearings have been postponed by the court?

According to new information released by the EOIR regarding the latest status of hearings, the following types of cases have been postponed, while others are proceeding as scheduled.

Postponed/Rescheduled

Non-detained cases without a lawyer or other representative of record

Proceeding as Scheduled

Detained cases, including bond requests and custody redeterminations
Non-detained cases with a lawyer or other representative of record
Non-detained cases without a lawyer or other representative of record who wish to proceed
Cases of individuals outside the U.S. who are enrolled in the Migrant Protection Protocols
Non-detained individuals without a lawyer or other representative of record should not appear for any hearing scheduled through January 31, 2022.

Will I receive a notice of postponement from the Court?

The EOIR will mail notices to all parties affected by these postponements, however some parties will not receive the mailed notice of postponement or rescheduling in advance of hearings scheduled before January 15, 2022.

Where can I find more information about postponed hearings?

If you have questions or are uncertain whether your hearing has been postponed, please check the Automated Court Information System online or at 800-898-7180 (TDD: 800-828-1120) or call the immigration court handling your case.

High Priority Cases will not be Rescheduled

According to the EOIR, hearings that impact liberty interests of those respondents detained by the Department of Homeland Security (DHS), [which are considered] EOIR’s highest priority cases will generally not be rescheduled. Further, EOIR will continue to hear cases of individuals who are outside of the United States awaiting a hearing as enrollees in DHS’s Migrant Protection Protocols (MPP).

Certain Cases Will Not Be Postponed and Will be Held by Phone or Online

The EOIR makes clear that certain categories of cases will not be postponed. These include:

For individuals who are detained by DHS, cases will proceed as scheduled and be held by phone or online.
For individuals who are not detained by DHS and have a lawyer or other representative of record, cases will be held by phone or online.
For those individuals outside of the United States who are awaiting a hearing as enrollees in DHS’s Migrant Protection Protocols (MPP), cases will proceed as scheduled and will be held in person. For those individuals whose cases will proceed, the Notice of Hearing remains the best information regarding date and time of the hearing.

General Information

What if I am not in DHS detention and do not have an attorney?

If you do not have an attorney, your case has been postponed and will be rescheduled. If you would like to request that the immigration court proceed with your case as scheduled, please call the immigration court to request that the court hear your case by phone or online.

The immigration court will mail you with a new Notice of Hearing to provide you with a new hearing date and time.

What if I have an attorney?

If you have an attorney, your case generally will proceed as scheduled. Plan to attend your hearing at the date and time indicated on your Notice of Hearing. Your hearing will occur by phone or online.

What if I am in DHS detention?

If you are in DHS detention, your case generally will proceed as scheduled. Plan to attend your hearing at the date and time indicated on your Notice of Hearing.

What if I am not in the United States?

If you are awaiting a hearing from outside of the United States as part of DHS’s Migrant Protection Protocols (MPP), your hearing will continue as scheduled. Continue to follow DHS’s instructions and plan to attend your hearing at the date and time indicated on your Notice of Hearing.

Need Immigration Help? If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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