Court

Online Tool to Change Your Address With The Immigration Court

by

ICE has announced that their “online change of address tool” for people in removal proceedings, subject to a removal order or Order of Supervision of some kind, or are otherwise required to keep their address updated with DHS/ICE. You can find the online tool at this link: https://onlinechangeofaddress.ice.gov/ You can still submit a change of address the old fashioned way using a paper form but it’s strongly encouraged that you do it online so you get instant proof of filing that you can print out to avoid any confusion in the future or being blamed for not informing DHS of the address change. Finally, it’s very important that you remember to also inform the Court of any change of address if you are currently in removal proceedings or required to do so. The Court still uses a  Form EOIR-33, Change of Address/Contact Information available at  through the Department of Justice EOIR website at https://www.justice.gov/eoir/form-eoir-33-eoir-immigration-court-listing. The Press Release from ICE is available on their website at ICE.gov and has been quoted below: WASHINGTON — U.S. Immigration and Customs Enforcement (ICE)’s online change-of-address form for noncitizens – first announced in April 2023 – is now fully operational. This new system gives noncitizens the option to update their information online in addition to the existing options of doing so by phone or in-person. It will enable noncitizens to comply with their immigration obligations more easily and improve the accuracy of address information reported to ICE by utilizing address autofill to ensure U.S. Postal Service standardization. After successfully entering a valid mailing address, if the noncitizen is currently in removal proceedings pursuant to Section 240 of the Immigration and Nationality Act (INA), the interactive online shows the noncitizen information on how to also change their address with the immigration court as required, using the Executive Office for Immigration Review’s (EOIR) Form EOIR-33, Change of Address/Contact Information, which may be submitted by mail, in-person at the immigration court, or online through EOIR’s Respondent Access. The EOIR-33 is currently available in English, Spanish, Chinese, Haitian Creole, Portuguese, and Punjabi. To determine if a noncitizen still needs a notice to appear, ICE will run system checks to make sure the noncitizen is not already in removal proceedings pursuant to Section 240 of the INA, does not have an affirmative asylum application pending with U.S. Citizenship and Immigration Services (USCIS) and does not already have a final order of removal. Noncitizens eligible for, but who have not yet received a notice to appear – meaning those who were released on conditional parole with an alternative to detention – may be prompted to state whether they want to receive their notice to appear by mail or to in person by scheduling an appointment at an ERO field office. To process an online change-of-address, the system requires a full name, A-number and validated non-commercial address. It takes approximately one minute to complete the form. All noncitizens in the United States, except A and G visa holders and visa waiver visitors, must also report a change of address to USCIS within 10 days of relocating. SOURCE: ICE Press Release https://www.ice.gov/news/releases/ice-online-change-address-tool-noncitizens-fully-operational

Notice to Appear

by
notice to appear immigration court

Notice to Appear (“NTA”) initiates removal proceedings by informing the immigrant respondent that they must appear in Immigration Court on a specific day to answer to a charge of removeability.  An NTA is issued as a standard DHS form, Form I-862. The statutory requirements of an NTA can be found at INA § 239 & 8 USC § 1229 as well as the regulatory requirements at 8 CFR §§ 1229 and 1239.1. Every NTA should include the respondent’s identifying information,4 the nature of the proceedings, the charges of removability and supporting factual allegations, the date and place of removal proceedings, advisals of certain rights and responsibilities, and a certificate of service. The statute and regulations require DHS to include all this information in the NTA.  The NTA will specify the nature of the proceedings in a series of three check boxes under the Respondent’s name and address. The NTA will inform the individual if they are being charged as an “arriving alien,” an individual present in the United States without having been admitted or paroled, or someone who was admitted but is removable for the reasons stated.  In support of the charges of removability, DHS should also include on the NTA a list of factual allegations that establish the respondent’s alienage (their country of birth or nationality) and other facts that support the charges of removal. DHS sometimes uses information provided by the respondent in prior applications filed for immigration benefits or statements made to CBP, ICE, or USCIS officers. However, it is not uncommon for the NTA to allege erroneous or incomplete facts in a respondent’s case based on inaccurate or incomplete information provided by DHS databases or officers. Finally, the NTA also contains a number of warnings and advisals to the respondent about their rights and responsibilities while in removal proceedings, such as the right to obtain counsel, the responsibility to inform the government of any change of address, and the consequences of failing to provide a change of address or failing to appear for a scheduled hearing.

Supreme Court Issues Decision on UNITED STATES v. HANSEN

by

Respondent Helaman Hansen promised hundreds of noncitizens a path to U. S. citizenship through “adult adoption.” But that was a scam. Held: Because §1324(a)(1)(A)(iv) forbids only the purposeful solicitation and facilitation of specific acts known to violate federal law, the clause is not unconstitutionally overbroad.