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E-Filing in ECAS for Immigration Court
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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.
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Instructions for Logging into ECAS and Filing Documents Electronically:
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.
Steps to Check if You Have Appeared on a Client's Case:
Log into ECAS:
Use your email and password to log in.
Complete two-factor authentication by entering the code sent to your email.
Navigate to Appearances:
Once logged in, go to the "Appearances" section.
Verify Appearance:
Check the list of cases to see if you have already appeared on the client's case.
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.
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:
Log into ECAS:
Use your email and password to log in.
Complete two-factor authentication by entering the code sent to your email.
Check Case Appearance:
Verify if you have already appeared on the client's case.
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:
Log into ECAS:
Use your email and password to log in.
Complete two-factor authentication by entering the code sent to your email.
Enter Appearance:
Ensure you have entered your appearance on the case.
Navigate to Case:
Go to the "Cases" section and enter the A-number to access the case information.
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.
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:
Review Rejection Notice:
Check the email notification for details on why the e-filing was rejected.
Correct Errors:
Identify and correct any errors mentioned in the rejection notice.
Re-submit Filing:
Log back into ECAS and re-submit the corrected filing.
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.