Where service on the opposing party is accomplished by hand-delivery, service is complete when the filing is hand-delivered to a responsible person at the address of the individual being served. Postal Service, or by commercial courier. Service on the opposing party may be accomplished electronically, by hand-delivery, by U.S. The opposing party is never the Immigration Judge or Immigration Court. Parties may contact the Immigration Court for the DHS address.
In most instances, a DHS Chief Counsel or a specific DHS Assistant Chief Counsel is the designated officer to receive service. The written declaration is called a “Proof of Service,” also referred to as a “Certificate of Service.” See subsection (e), below, Appendix F (Sample Certificate of Service).įor an alien in proceedings, the opposing party is the Department of Homeland Security (DHS).
Rather, the ECAS system will automatically send service notifications to both parties that a new document has been filed. If all parties are using ECAS in a specific case, the parties do not need to separately serve any electronically filed documents on the opposing party. (a) Service Requirements - The requirement to serve documents on the opposing party depends on whether both parties are participating in ECAS, as explained below.