Contested/Noncontested

1. Immigration attorneys depend upon paralegals to prepare filings prior to hearing. The initial filing can be “barebones” or supplemented
2. Throw lesser meat for purposes of setting a merits date
3. Immigration Judges require them to monitor the progress in a case
4. Possible items to address include:
   • Circumvention of Lawful Pathways (CLP);
   • One year filing deadline for asylum cases, exceptions
   • Scheduling order to ask for prosecutorial discretion, present other forms of relief outside EOIR
   • Scope of review on remand from the Board of Immigration Appeals (BIA)
5. Attorneys rarely make their own schedules anymore
6. Setting deadlines and status updates is handled by software, a trusted team member, or the lawyer.
7. Contested hearings usually involve manner of entry

Immigration Attorneys must file a notice of representation (Form EOIR-28) or “enter an appearance” before the Executive Office for Immigration Review (EOIR) or immigration court.