Legal Battles - USA vs Patrick Fox
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Patrick Fox
Torrance, CA     90503
fox@patrickfox.org

Rejection Notice, re: Request for Custody Redetermination Hearing (2008-02-14)

Synopsis

On 2008-02-11, I submitted a request to the Immigration Court to schedule a custody redetermination (bond) hearing.

This is the response I received from the clerk, refusing to process the request. She reason she provided was no certificate of service was included with the request, as required by 8 CFR § 1003.32(a).

However, service on opposing counsel is only required for material submitted to the judge, not to the clerk. And a request to schedule an appearance would be handled by the clerk, not the judge. Therefore, I was not required to serve a copy to DHS.

PDF
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
1705 E. Hanna Road, Suite 366
Eloy, Arizona 85231
File:
88 664 582
Date:
2-14-08
To:
Richard Riess
1705 E Hanna Rd
Eloy AZ 85231

The attached motion/application/material is returned without action for the reason(s) specified below:

  • Motion/application must be accompanied by the appropriate fee receipt or request for fee waiver. (8 CFR 1003.31(b) and 1103.7(a))
  • X
    Motion /application must contain a certificate of service. (8 CFR 1003.32(a))
  • 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)
  • Motion/application and attachments thereto must be on 8 ½” x 11" paper. (8 CFR 1003.32(b))
  • Motion/application filed by attorney/representative for whom no Notice of Appearance (Form EOIR-28) has been filed. (8 CFR 1003.17(a))
  • 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))
  • Foreign language document must be translated and accompanied by a certificate of translation. (8 CFR 1003.33)
  • There are no proceedings pending at this Immigration Court pertaining to this alien.
  • Other:
N. Kinnaic
Immigration Court Clerk
Rev. 10/28/04