Rejection Notice, re: Request for Custody Redetermination Hearing (2008-02-12)
Synopsis
This was the Immigration Court's second refusal to accept my request for a new custody redetermination hearing following DHS's and the court's acknowledgment that DHS had no evidence of alieange and that DHS was required to establish alienage BEFORE any burden shifted to me.
The reason the court gives for rejecting my request was that I failed to include a certificate of service on opposing counsel. That's the same excuse they used on the first request. However service on opposing counsel is only required for documents filed with the judge, not the clerk. A request to schedule a hearing is handled by the clerk, not the judge. So their reason is just a bullshit ploy to avoid giving me a bond hearing.
PDF1705 E Hanna Rd
Eloy AZ 85231
The attached motion/application/material is returned without action for the reason(s) specified below:
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Motion/application must be accompanied by the appropriate fee receipt or request for fee waiver. (8 CFR 1003.31(b) and 1103.7(a))
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XMotion /application must contain a certificate of service. (8 CFR 1003.32(a))
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This office does not have jurisdiction over this matter. The motion/application must be filed with the office having administrative control over the record. (8 CFR 1003.11)
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Motion/application and attachments thereto must be on 8 ½” x 11" paper. (8 CFR 1003.32(b))
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Motion/application filed by attorney/representative for whom no Notice of Appearance (Form EOIR-28) has been filed. (8 CFR 1003.17(a))
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Motion for change of venue cannot be considered without identification of a fixed street address where the alien may be notified regarding further immigration hearings. (8CFR 1003.20(c))
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Foreign language document must be translated and accompanied by a certificate of translation. (8 CFR 1003.33)
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There are no proceedings pending at this Immigration Court pertaining to this alien.
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Other: