ATTORNEY library

E-Filing in ECAS for Immigration Court

  • How to enter appearance on ECAS before EOIR using form EOIR28:

    • Entering Appearance: enter an appearance electronically by filing an E28 at the court for a pending case before submitting documents pertaining to the proceedings (whether it’s a bond request, removal proceeding, or appeal). File into cases only after you are entered.

    • Bond Request: If bond request already exists on the case, possibly made verbally by the respondent and set for a bond hearing by the judge.

      • Existing Bond Request: If pending bond request already exists on the case, which might have been made verbally by the respondent and set for a bond hearing by the judge, enter appearance and then file into the bond case.

      • No Bond Request Pending: Enter appearance and then make a request for a bond hearing and then file into that matter.

    • Representation Details: Clarify whether you have been retained only for the bond proceedings (such that another attorney or respondent will handle the full removal proceedings).

    • Address Selection: Jill emphasized the importance of selecting the correct address from the saved address list on the ECAS portal, recommending the use of the VAAP PO Box for volunteers and staff.

    • Appearance Type: Note different types of appearances, including primary attorney, non-primary attorney representative, and coverage for a specific hearing.

      • Primary Attorney: This designation is used when an attorney is the main representative for a specific matter.

      • Non-Primary Attorney: Attorney from the same firm covers a case without a motion to substitute counsel. This is useful for co-counseling situations.

      • Specific Hearing Coverage: An attorney can enter an appearance for a specific hearing without planning to co-counsel beyond that scope. This option is useful for temporary coverage.

    • Pro Bono Representation: Confirm whether representation in the matter/appearance is pro bono (not collecting a fee).

    • Electronic Service: Date of serving ICE Counsel is today, as the system will electronically serve ICE upon submission. No need to separately serve.

    • Document Upload: Upload documents into the correct file, ensuring the correct document category and checking the status of the upload. Note when upload changes from pending to “accepted” (or “rejected”).

    • Case Management: Don’t rely on ECAS for record keeping under the ethical rules.

  • Instructions for Logging into ECAS and Filing Documents Electronically:

    1. Log into ECAS:

      • Use your email and password to log in.

      • Ensure you have two-factor authentication enabled.

      • Enter the code sent to your email to complete the login process.

    2. Steps to Check if You Have Appeared on a Client's Case:

      • Log into ECAS:

        1. Use your email and password to log in. 

        2. Complete two-factor authentication by entering the code sent to your email. 

      • Navigate to Appearances:

        1. Once logged in, go to the "Appearances" section. 

      • Verify Appearance:

        1. Check the list of cases to see if you have already appeared on the client's case. 

    3. Enter Appearance on a Case:

      • Check if you have already appeared on the client's case.

      • If not, file an E28 form to enter your appearance electronically.

      • Select "File an E28 for a pending case" and continue.

      • Enter the A-number and click continue.

      • Select the appropriate type of appearance (e.g., custody and bond only).

      • Choose your saved address from the ECAS portal.

      • Indicate the type of appearance (e.g., primary attorney on bond proceedings).

      • Click "Sign and Submit" to finalize the appearance entry.

    4. File Documents Electronically:

      • Navigate to the case and enter the A-number under cases.

      • Download the necessary documents from the bond file.

      • Click "Upload Documents into the Case" and select the correct file category (e.g., motion for custody redetermination).

      • Upload the consolidated PDF of the bond packet.

      • Verify the status of the uploaded document (pending acceptance).

      • Check for email confirmation of the document acceptance or rejection.

    Steps to File an electronic E28 Form:

    1. Log into ECAS:

      • Use your email and password to log in. 

      • Complete two-factor authentication by entering the code sent to your email. 

    2. Check Case Appearance:

      • Verify if you have already appeared on the client's case. 

    3. File E28 Form:

      • Select "File an E28 for a pending case" and continue. 

      • Enter the A-number and click continue. 

      • Choose the type of appearance (e.g., custody and bond only). 

      • Select your saved address from the ECAS portal at the very bottom of the form. 

      • Indicate the type of appearance (e.g., primary attorney on bond proceedings). 

      • Click "Sign and Submit" at the very bottom to finalize the appearance entry.

    Steps to Upload Documents into a Case:

    1. Log into ECAS:

      • Use your email and password to log in. 

      • Complete two-factor authentication by entering the code sent to your email. 

    2. Enter Appearance:

      • Ensure you have entered your appearance on the case. 

    3. Navigate to Case:

      • Go to the "Cases" section and enter the A-number to access the case information. 

    4. Upload Documents:

      • Click "Upload Documents into the Case." 

      • Select the appropriate document category (e.g., motion for custody redetermination). 

      • Choose the file to upload and confirm the upload. 

    5. Verify Upload:

      • Check the status of the uploaded document to ensure it is pending and later accepted.

    Steps to Respond to a Rejected E-Filing on ECAS:

    1. Review Rejection Notice:

      • Check the email notification for details on why the e-filing was rejected. 

    2. Correct Errors:

      • Identify and correct any errors mentioned in the rejection notice. 

    3. Re-submit Filing:

      • Log back into ECAS and re-submit the corrected filing. 

    4. Verify Submission:

      • Ensure you receive a confirmation email that the filing has been accepted.

    Troubleshooting

    • E-Filing is available to anyone with an EOIR practice ID number and an ECAS filing account. E-Service on ICE Counsel is not necessary when you file with ECAS.

      • Benefits of E-Filing: electronic filing is safer and more reliable than paper filing, as immigration courts have been claiming that mail doesn't arrive. E-filing ensures that documents are received and processed promptly.

    • Login Process: VAAP recommends a password manager browser extension to keep your account secure, like NordPass or Bitwarden, and the use of an application-based two-factor authentication step.