Deadline Calculator

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Deadline Calculator

Deadline Calculator

Calculated Date:

THIS TOOL IS FOR CALCULATING THE DATES IF YOU ALREADY KNOW THE DEADLINE. DO NOT RELY ON THESE INSTRUCTIONS TO DETERMINE THE DUE DATE IN YOUR CASE.

For more information about Immigration Court filing deadline see Chapter 3 of the Immigration Court Practice Manual, the Immigration and Nationality Act, and Title 8 of the Codes of Federal Regulations (CFR).

INSTRUCTIONS

Call-Up Date (due date for evidence) 30 Days Before Hearing Date

This button will provide you with the due date for submissions to the Court prior to the individual hearing. This will be the latest date you can file any additional evidence, memorandums, or pre-hearing statement.

If the Immigration Judge does not set a specific due date for all evidence prior to an individual hearing then the according to the Immigration Court Practice Manual all evidence must be filed fifteen days prior to the individual hearing. It was thirty days in advance of the hearing date for a number of years and many Immigration Judges in New York still require all evidence to be filed at least thirty days in advance of the individual hearing date. To be safe and to ensure that all of your evidence is admitted, it is strongly recommended that you file your evidence as early as possible and for that same reason, this calculator calculates the due date as being thirty days before the individual hearing date.

Notice of Appeal or Motion to Reconsider 30 Days After

This button will provide the due date for the filing of a Notice of Appeal with the Board of Immigration Appeals or the filing of a Motion to Reconsider with the Immigration Court.

Motion to Reopen and Rescind In Absentia Removal Order 180 Days

Deadline to file a Motion to Reopen and Rescind an in Absentia Removal Order when the failure to appear was for exceptional circumstances.

A motion to reopen in removal proceedings or deportation proceedings initiated on or after June 13, 1992 must be filed within 180 days of the entry of the in absentia order. INA § 240(b)(5)(C)(i); INA §242B(c)(3)(A) (pre-IIRIRA, April 1997); 8 C.F.R. § 1003.23 (b)(4)(ii), (iii)(A)(1).

NOTE: A motion to reopen an in absentia removal order for lack of notice may be filed at anytime. See INA § 240(b)(5)(C)(ii); INA § 242B(c)(3)(B) (preIIRIRA, April 1997). A motion to reopen in exclusion proceedings or deportation proceedings before June 13, 1992 may be filed at anytime. See 8 C.F.R. § 1003.23(b)(4)(iii)(B); Matter of N-B-,22 I&N Dec. 590, 593 (BIA 1999); Matter of Cruz-Garcia, 22 I&N Dec. 1155, 1159 (BIA 1999).