Narrative of Changes

Narrative of Changes for Non-Substantive Change Request for 1125-0005

On December 13, 2021, EOIR published the final rule, Executive Office for Immigration Review Electronic Case Access and Filing, with an effective date of February 11, 2022. See 86 Fed. Reg. 70708 (Dec. 13, 2022). The regulation requires attorney and accredited representatives to electronically with EOIR file all correspondence in cases where they are the representative of record. EOIR’s the electronic filing system (ECAS) will simultaneously serve the opposing party, the Department of Homeland Security (DHS), thereby not requiring the private practitioner to separately serve DHS. In order to reflect that service is accomplished automatically through the electronic filing system at the time the document is uploaded to the system, EOIR has added a checkbox to the proof of service section on the form and text as follows:

“No service needed. I electronically filed this document, and the opposing party is participating in ECAS.”

This change alleviates the burden of serving the opposing party in immigration court proceedings before the Immigration Courts and the Board of Immigration Appeals, saving time and money spent perfecting service.