[Federal Register Volume 79, Number 104 (Friday, May 30, 2014)]
[Notices]
[Pages 31143-31144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12183]
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DEPARTMENT OF JUSTICE
Executive Office for Immigration Review
[Docket No. EOIR 182]
Office of the Chief Administrative Hearing Officer Electronic
Filing Pilot Program
AGENCY: Office of the Chief Administrative Hearing Officer, Executive
Office for Immigration Review, Department of Justice.
ACTION: Public notice.
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SUMMARY: The Office of the Chief Administrative Hearing Officer
(OCAHO), Executive Office for Immigration Review (EOIR), is creating a
voluntary pilot program to test an electronic filing system in certain
cases filed with OCAHO under 8 U.S.C. 1324a and 1324b. This notice
describes the procedures for participation in the pilot program.
DATES: The pilot program will be in effect from May 30, 2014 until
November 26, 2014. Parties who enroll in the pilot program with respect
to a particular case within these dates will be permitted to continue
utilizing electronic filing throughout the pendency of that case.
FOR FURTHER INFORMATION CONTACT: Jeff Rosenblum, General Counsel,
Executive Office for Immigration Review, 5107 Leesburg Pike, Suite
2600, Falls Church, Virginia 20530, telephone (703) 305-0470 (not a
toll-free call).
SUPPLEMENTARY INFORMATION:
I. Background
The Office of the Chief Administrative Hearing Officer (OCAHO),
Executive Office for Immigration Review (EOIR), Department of Justice
(Department), is establishing a pilot program that would allow parties
in cases before OCAHO's Administrative Law Judge (ALJ) and Chief
Administrative Hearing Officer (CAHO) to file case-related documents by
email. Currently, parties before OCAHO submit paper filings to OCAHO,
and simultaneously serve a physical copy of each document on other
parties to the case. Under this pilot program, both filing with OCAHO
and service on other parties could be accomplished by email in eligible
cases. OCAHO is undertaking this initiative to attempt to make
submission of case documents more convenient for parties and to reduce
the time and expense presently incurred with paper filings.
On April 1, 2013, EOIR published a final rule in the Federal
Register establishing a mandatory electronic registry (eRegistry) for
all attorneys and accredited representatives who practice before EOIR's
immigration courts and the Board of Immigration Appeals (Board). See 78
FR 19400. eRegistry is part of a long-term agency plan to create an
electronic case access and filing system for the immigration courts and
the Board, pursuant to the Government Paperwork Elimination Act (GPEA),
Public Law 105-277, 112 Stat. 2681-750 (1998).
OCAHO is not currently participating in eRegistry, for a number of
reasons. First, OCAHO's cases are filed and tracked in different
databases than and differ in both substance and procedure from those
handled by the immigration courts and the Board. Second, while many
attorneys and accredited representatives appear repeatedly before the
immigration courts and the Board in different cases, OCAHO does not
encounter as many repeat representatives in its cases. Additionally,
many parties in OCAHO cases appear pro se or are represented by non-
attorneys (for example, business managers or human resources
specialists) for only a single case. Therefore, OCAHO does not believe
that a formal registry is necessary or useful for its cases at this
time.
However, in order to align OCAHO procedures with the rest of the
agency as it moves toward a system for electronic filing in cases
before the immigration courts and the Board, OCAHO is instituting this
temporary, limited, and voluntary electronic filing pilot program.
Implementation of this pilot program on a small scale will allow OCAHO
to test and evaluate operating an electronic filing system. At the
conclusion of the pilot program, OCAHO will assess its experience and
determine the best course of action for the development of a more
comprehensive and permanent electronic filing system. OCAHO also
welcomes input from the public in this regard.
This notice describes the basic procedures for applying for and
participating in the pilot program. As detailed herein, OCAHO also
intends to send more detailed instructions for participation directly
to the parties in eligible cases.
II. Eligibility to Participate
An opportunity to participate in the pilot program will be offered
in all OCAHO cases filed within 180 days of the effective date of this
notice. Enrollment in the pilot program will be limited to those cases
in which both parties: (1) Elect to participate and (2) certify that
they and/or their
[[Page 31144]]
representative(s) have access to the technology necessary to comply
with the procedures for electronic filing and that access to the
parties' email will be provided only to authorized individuals. This
technology includes access to a scanner that can create documents in
portable document format (PDF), up-to-date software for creating and
reading PDF documents, and an email account that can send and receive
email attachments up to ten (10) megabytes in size. While all new OCAHO
cases will be eligible for the pilot, OCAHO may limit the total number
of cases that will be accepted into the pilot program once it
commences, as circumstances require.
III. Procedures for Participation
OCAHO cases commence with the filing of a complaint, by Immigration
and Customs Enforcement (ICE) in cases brought under 8 U.S.C. 1324a and
8 U.S.C. 1324c, or by the Office of Special Counsel for Immigration-
Related Unfair Employment Practices (OSC), or the charging or injured
party in cases brought under 8 U.S.C. 1324b. OCAHO subsequently issues
a Notice of Case Assignment to both parties, assigning the case to an
OCAHO ALJ and giving the respondent the opportunity to file an answer.
After the respondent files an answer, the ALJ issues an order for
prehearing statements, setting a schedule for discovery and dispositive
motions. Under this pilot program, once OCAHO receives the respondent's
answer, OCAHO will invite parties to participate in the pilot by
mailing to both parties instructions outlining the procedures for the
pilot and the certification form the parties must complete and sign in
order to participate in the pilot program.
In order to enroll in the pilot, each party must submit the signed
certification form in hard copy to OCAHO and serve a copy of the
certification on the opposing party. The certification must: Identify
the email address the party will use for all case-related
communications and submissions; certify that only authorized
individuals will have access to that email address; attest that the
party has access to the necessary technology; and consent to abide by
the specific procedures for filing and service outlined in the e-filing
instructions that will be sent to each party. If both parties to a case
agree to participate in the pilot and meet the certification
requirements, they will be notified by mail and email that their case
has been accepted into the pilot program. Thereafter, all case
documents shall be filed with OCAHO and served on the opposing party in
the case by email. All documents submitted under this pilot that
require a signature under 28 CFR 68.7, including motions, briefs, and
other pleadings, must include a handwritten, scanned signature. All
files submitted by email must be in PDF.
For cases enrolled in the pilot program, all decisions and orders
issued by the ALJ (or, in cases of administrative review, the CAHO)
will be signed, scanned, and emailed to both parties in the case.
The pilot will be entirely voluntary. A case will not be accepted
into the pilot unless both parties consent in writing to participate.
Once accepted, the parties will be responsible for all activity and
communications from their designated email account. Parties who elect
not to participate in the pilot will continue to file and receive case
documents as set forth in 28 CFR part 68.
IV. Additional Information
The pilot program will be effective for 180 days after the date of
this notice. Parties who properly enroll in the pilot program during
this 180-day period will be allowed to continue filing by email
throughout the duration of their case before OCAHO, even if the case
remains pending beyond the 180-day pilot period. OCAHO will continue to
accept paper submissions in accordance with the procedures at 28 CFR
part 68 in all cases not enrolled in the pilot program.
Parties and their representatives will be responsible for all
activity and communications with OCAHO conducted from the party's or
representative's designated email account. Parties and their
representatives must take necessary steps to ensure that only
authorized individuals have access to the party's or representative's
designated email account and all official case documents sent and
received through that email account, as those documents may contain
sensitive or protected privacy information.
Dated: May 15, 2014.
Juan P. Osuna,
Director.
[FR Doc. 2014-12183 Filed 5-29-14; 8:45 am]
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