Voglio sapere a riguardo di…

Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 / Rules and Regulations i Filing under seal. DHS may file documents under seal by including a cover sheet identifying the contents of the submission as containing information which is being filed under seal. Documents filed under seal shall only be examined by persons with authorized access to the administrative record.
j Signatures. All documents filed with the immigration courts that require a signature must have an original, handwritten ink signature, an encrypted digital signature, or an electronic signature. Electronic filings submitted through EOIRs electronic filing application that require the users signature may have a conformed signature. This paragraph is subject to the requirements of the application or document being submitted.
13. Revise 1003.32 to read as follows:

khammond on DSKJM1Z7X2PROD with RULES

1003.32

Service and size of documents.

The service of filings with the immigration courts depends on whether the documents are filed through EOIRs electronic filing application or in paper.
a Service of electronic filings. If all parties are using EOIRs electronic filing application in a specific case, the parties do not need to serve a document that is filed through EOIRs electronic filing application on the opposing party. If all parties are using EOIRs electronic filing application in a specific case, EOIRs electronic filing application will effectuate service by providing a notification of all electronically filed documents on all parties. Upon successful upload by one of the parties, EOIR will email a notification to the email addresses provided in paragraph b of this section. If one or more parties are not filing through EOIRs electronic filing application in a specific case, the parties must follow the service procedures in paragraph c of this section.
b Valid email address. Use of EOIRs electronic filing application requires a valid email address for electronic service. The immigration courts will use the email address provided through eRegistry for electronic service on participating parties. Users must immediately update their eRegistry account if their email address changes.
Representatives must additionally file a new Form EOIR28 with the immigration court if their email address changes. EOIR will consider service completed when the electronic notification is delivered to the last email address on file provided by the user.
c Service of paper filings. If electronic filing is not being used in a particular case, the party filing with the
VerDate Sep<11>2014

15:56 Dec 10, 2021

Jkt 256001

70723

immigration court must serve a copy of the filing on the opposing party and include a certificate of service showing service on the opposing party with their filing. The immigration judge will not consider any documents or applications that do not contain a certificate of service unless service is made on the record during a hearing.
d Size and format of documents.
Unless otherwise permitted by the immigration judge, all written material presented to immigration judges including offers of evidence, correspondence, briefs, memoranda, or other documents must be submitted on 812 x 11 size pages, whether filed electronically or in paper. The immigration judge may require that exhibits and other written material presented be indexed, paginated, and that a table of contents be provided.
14. Amend 1003.37 by revising paragraph a to read as follows:

2 All responses must be filed with the Director and include proof of service of a copy of such response on the commenting party.
17. Amend 1003.64 by revising the last sentence in paragraph b introductory text to read as follows:

1003.37

Decisions.

a A decision of the immigration judge may be rendered orally or in writing. If the decision is oral, it shall be stated by the immigration judge in the presence of the parties and a memorandum summarizing the oral decision shall be served on the parties.
If the decision is in writing, it shall be served on the parties by personal service, mail, or electronic notification.

15. Amend 1003.38 by revising paragraph b to read as follows:
1003.38

Appeals.

b The Notice of Appeal from a Decision of an Immigration Judge Form EOIR26 shall be filed directly with the Board of Immigration Appeals within 30
calendar days after the stating of an immigration judges oral decision or the mailing or electronic notification of an immigration judges written decision. If the final date for filing falls on a Saturday, Sunday, or legal holiday, this appeal time shall be extended to the next business day. A Notice of Appeal Form EOIR26 may not be filed by any party who has waived appeal.

16. Amend 1003.63 by revising the last sentence in paragraphs f1 and 2
to read as follows:
1003.63

Applications.

f
1 A comment or recommendation not sent to the Director electronically must include proof of service on the applicant.

PO 00000

Frm 00035

Fmt 4700

Sfmt 4700

1003.64 Approval and denial of applications.

b The written notice shall be served at the address provided on the application unless the applicant subsequently provides a change of address pursuant to 1003.66, or shall be transmitted to the applicant electronically.

18. Amend 1003.65 by revising the first sentence in paragraph d3 to read as follows:
1003.65
List.

Removal of a provider from the

d
3 The provider may submit a written answer within 30 days from the date the notice is served or is sent to the provider electronically.

19. Amend 1003.106 by revising the second sentence in paragraph a2ii and the seventh sentence in paragraph b to read as follows:
1003.106 Right to be heard and disposition.

a
2
ii When designating the time and place of a hearing, the adjudicating official shall provide for the service of a notice of hearing on the practitioner or the authorized officer of the recognized organization and the counsel for the government.

b The adjudicating official shall provide for service of a written decision or memorandum summarizing an oral decision on the practitioner or, in cases involving a recognized organization, on the authorized officer of the organization and on the counsel for the government.

PART 1103APPEALS, RECORDS, AND FEES
20. The authority citation for part 1103 continues to read as follows:

Authority: 8 U.S.C. 1101, 1103, 1304, 1356; 31 U.S.C. 9701; 28 U.S.C. 509, 510.

21. Amend 1103.7 by revising paragraph a3 to read as follows:

E:FRFM13DER1.SGM

13DER1