83_FR_29697 83 FR 29575 - EOIR Electronic Filing Pilot Program

83 FR 29575 - EOIR Electronic Filing Pilot Program

DEPARTMENT OF JUSTICE
Executive Office for Immigration Review

Federal Register Volume 83, Issue 122 (June 25, 2018)

Page Range29575-29577
FR Document2018-13578

The Executive Office for Immigration Review (EOIR) is creating a voluntary pilot program to test an expansion of electronic filing for cases filed with the immigration courts and the Board of Immigration Appeals (BIA). This notice describes the procedures for participation in the pilot program.

Federal Register, Volume 83 Issue 122 (Monday, June 25, 2018)
[Federal Register Volume 83, Number 122 (Monday, June 25, 2018)]
[Notices]
[Pages 29575-29577]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13578]


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DEPARTMENT OF JUSTICE

Executive Office for Immigration Review

[EOIR Docket No. 18-0202]
RIN 1125-AA81


EOIR Electronic Filing Pilot Program

AGENCY: Executive Office for Immigration Review, Department of Justice.

ACTION: Public notice.

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SUMMARY: The Executive Office for Immigration Review (EOIR) is creating 
a voluntary pilot program to test an expansion of electronic filing for 
cases filed with the immigration courts and the Board of Immigration 
Appeals (BIA). This notice describes the procedures for participation 
in the pilot program.

DATES: The pilot program will be in effect from July 16, 2018 until 
July 31, 2019. Initially, expanded electronic filing will be available 
in six immigration courts, but will be expanded to all remaining courts 
and the BIA incrementally. Eligible attorneys and accredited 
representatives may choose to participate at any time during the pilot 
program and will be permitted to continue using electronic filing 
throughout the pendency of electronically filed cases.

FOR FURTHER INFORMATION CONTACT: Nathan Berkeley, Acting Chief, 
Communications and Legislative Affairs Division, Office of Policy, 
Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 
2618, Falls Church, VA 22041, telephone (703) 305-0289 (not a toll-free 
call) or email PAO.EOIR@usdoj.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    In 1998, Congress passed the Government Paperwork Elimination Act, 
which required federal agencies to provide the public with the ability 
to conduct business electronically with the federal government. See 
Public Law 105-277 (Oct. 21, 1998). Similarly, in 2002, Congress passed 
the E-Government Act of 2002, which promoted electronic government 
services and required agencies to use internet-based technology to 
increase the public's access to government information and services. 
See Public Law 107-347 (Dec. 17, 2002).
    As a result, EOIR began pursuing a long-term agency plan to create 
an electronic case access and filing system for the immigration courts 
and BIA. See 68 FR 71650 (Dec. 20, 2003) (``The Department is . . . 
designing an

[[Page 29576]]

electronic case access and filing system, to comply with the Government 
Paperwork Elimination Act, to achieve the Department's vision for 
improved immigration adjudication processing, and to meet the public 
expectations for electronic government.'').
    On April 1, 2013, EOIR completed the first portion of their 
electronic system by establishing eRegistry, a mandatory electronic 
registry for all attorneys and accredited representatives who practice 
before the immigration courts and the BIA. See 78 FR 19400 (April 1, 
2013). At the same time, EOIR began allowing attorneys and fully 
accredited representatives \1\ to electronically file the Notice of 
Entry of Appearance as Attorney or Representative (Form EOIR-27 and 
Form EOIR-28, for the BIA and immigration courts, respectively).
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    \1\ EOIR's Office of Legal Access Programs reviews non-
attorneys' applications to become fully accredited representatives 
who, upon approval, can represent aliens in immigration court 
proceedings and before DHS. For more information, please see https://www.justice.gov/eoir/recognition-and-accreditation-program. This 
pilot is not available to partially accredited representatives.
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    Next, on May 4, 2015, EOIR launched eInfo, which allows registered 
attorneys and accredited representatives to view their clients' case 
information.\2\ See News Release, The Executive Office for Immigration 
Review Announces I \3\, https://www.justice.gov/sites/default/files/pages/attachments/2015/09/17/e-info-news-release-05042015.pdf. 
Attorneys and accredited representatives can login to the eInfo 
application to view a list of cases for which they have an active 
Notice of Entry of Appearance (Form EOIR-27 and/or Form EOIR-28) and 
select one to view case-related information.
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    \2\ EOIR also consolidated eRegistry, eInfo, and eFiling into a 
single application suite, known as I\3\. For more information about 
I \3\, please visit https://www.justice.gov/eoir/internet-immigration-info.
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    Since January 2017, EOIR has been undertaking additional and more 
expansive initiatives to reduce its longstanding backlog of cases and 
working to ensure the more efficient handling of matters before the 
immigration court system. To that end, EOIR is moving towards 
implementing a long sought-after electronic system component that will 
allow parties to electronically file case-related documents with the 
immigration courts and the BIA.

II. Pilot Program

    EOIR is now planning to pilot an expansion of electronic filing 
within eInfo to allow certain parties to electronically file case-
related documents with the immigration courts and, eventually, the BIA. 
With the exception of entering a Notice of Entry of Appearance through 
I\3\, parties before the immigration courts and the BIA are currently 
required to submit paper filings to EOIR and to serve a copy on the 
other party in-person, by mail, or through DHS's eService portal.
    Expanded electronic filing will meet the long sought-after requests 
of the private bar to accept electronic filings. See, e.g., AILA 
Testimony on EOIR, AILA Doc. No. 10061664 (June 17, 2010). As the 
expanded electronic filing pilot is a major change to EOIR processes, 
the pilot will be limited to DHS personnel, and registered attorneys 
and accredited representatives eligible to practice before EOIR.
    The pilot will allow attorneys and accredited representatives to 
electronically file case-related documents directly through eInfo. 
Similarly, DHS representatives will be able to login to a parallel 
portal to electronically file case-related documents. The expanded 
electronic filing pilot will allow the parties to file documents at any 
time of day without having to mail the documents to the court or BIA, 
or to file them in-person at the court or BIA. Parties will receive an 
on-screen confirmation with a unique transaction ID, as well as an 
encrypted verification email, when their document is successfully 
uploaded. They will also receive an encrypted notification email when a 
new document has been filed in their case by the opposing party. 
Instructions to decrypt emails will be available on EOIR's website. 
This will provide the parties with near-immediate access to filings in 
their cases. Both pilot participants and non-participants will be able 
to view any documents contained in their case by accessing eInfo and 
requesting to download the electronic Record of Proceeding (eROP).
    To ensure that parties receive proper notice from the opposing 
party to their case, pilot parties will be required to continue to meet 
current service requirements \3\ for any documents that they are 
electronically filing with the court or BIA. Participation in the pilot 
neither relieves parties of the duty to provide a certificate of 
service with filings nor changes the time at which response documents 
are due. The timeline for responses begins at the time the system sends 
an email regarding a filing to the opposing party.
---------------------------------------------------------------------------

    \3\ For information on service requirements, please see the 
Immigration Court Practice Manual and the Board of Immigration 
Appeals Practice Manual at www.justice.gov/eoir.
---------------------------------------------------------------------------

    Case-related documents EOIR generates at the pilot locations, such 
as decisions, orders, or notices, will be served only electronically on 
participating parties. Both parties will receive an encrypted email 
from EOIR with the document attached. This will constitute valid 
service and proper notice by EOIR during the pilot. To effectuate such 
service, attorneys and accredited representatives will be required to 
maintain a valid email address in the eRegistry application.
    Throughout the pilot, EOIR will continue to refine and develop 
electronic filing. In the future, the agency envisions making 
electronic filing mandatory for all attorneys and accredited 
representatives appearing before EOIR and optional for pro se 
respondents. To ensure the most efficient and user-friendly system 
possible, EOIR hopes to receive feedback from participating parties, 
both internal and external. Participants will be able to provide input 
at any time through an email link within eInfo.

III. Eligibility To Participate

    Beginning in July 2018, EOIR is planning to roll out the expanded 
electronic filing to six initial pilot courts: San Diego and York in 
July; Denver and Atlanta in August; and Charlotte and Baltimore in 
September. Following an internal assessment of the pilot in those 
courts, EOIR anticipates expanding the pilot to additional courts every 
few weeks beginning in December 2018. EOIR will also be working towards 
implementing expanded electronic filing at the BIA during this time 
period. Information regarding future pilot expansion will be located on 
EOIR's website at https://www.justice.gov/eoir/internet-immigration-info.
    Participation in the pilot program is voluntary. An opportunity to 
participate in the pilot will be available throughout the duration of 
the pilot to all EOIR-registered attorneys and accredited 
representatives in good standing. Information on participating in the 
pilot will be provided on EOIR's website at https://www.justice.gov/eoir/internet-immigration-info. Only registered attorneys and 
accredited representatives will be permitted to participate in the 
pilot.

IV. Procedures for Participation

    To participate in the expanded electronic filing pilot, attorneys 
and accredited representatives must be registered with EOIR through 
eRegistry pursuant to 8 CFR 1292.1(f). The eRegistry process for 
attorneys and accredited representatives will not change. Similarly, to 
participate in the

[[Page 29577]]

pilot DHS personnel will also use eRegistry to register with EOIR.
    Once the eRegistry process is complete, attorneys and accredited 
representatives will have access to eInfo, located at https://www.justice.gov/eoir/internet-immigration-info, and DHS personnel will 
have access to the parallel DHS electronic filing portal. When an 
attorney or accredited representative first accesses eInfo, the option 
to participate in the expanded electronic filing pilot is presented. 
The attorney or accredited representative must agree to a set of terms 
and conditions for the pilot, which explain the requirements for 
participation in the pilot and are mandatory for pilot participants. 
Failure to follow the pilot requirements to which attorneys and 
representatives agree upon signing up and agreeing to the terms and 
conditions may lead to serious adverse consequences, such as filings 
being rejected or not receiving service of documents from EOIR. Any 
future changes to the terms and conditions will be presented to the 
attorney or accredited representative in eInfo and will require their 
voluntary acceptance for continued participation in the pilot.
    An attorney or accredited representative's acceptance of the 
pilot's terms and conditions is an agreement to participate in the 
pilot for all cases for which they have filed a Notice of Entry of 
Appearance and an eROP is available. Throughout the pilot at 
participating immigration courts, eROPs will be available for all cases 
in which one of the parties files an initiating document, such as a 
Form I-862, Notice to Appear; Form I-863, Notice of Referral to 
Immigration Judge; or a bond redetermination request. An eROP will also 
be available when an attorney or accredited representative files a 
Notice of Entry of Appearance and the court staff scan the existing 
paper record of proceedings into the pilot system. Representatives will 
be able to tell which cases have an eROP by the active upload button 
that will appear in the system.
    Attorneys and accredited representatives will be able to 
electronically file documents in eligible cases beyond the pilot end 
date until the conclusion of all administrative proceedings in those 
cases, including any remands from the federal courts. In any case where 
a motion for change of venue is granted from a pilot location to a non-
pilot location, or a clerical transfer occurs from a pilot location to 
a non-pilot location, the attorney or accredited representative will be 
required to follow the current non-electronic filing requirements at 
the non-pilot location.
    The attorney or accredited representative may leave the pilot at 
any time by selecting the ``opt out'' option in eInfo. By leaving the 
pilot, the attorney or accredited representative must revert to 
following all current procedures and requirements for non-electronic 
filing with the immigration courts and BIA for those cases that were 
part of the pilot. The eROP for those files already electronically 
filed will remain available for download, but electronic scanning or 
filing will be unavailable to that attorney during the pilot period 
unless the attorney opts back in to the pilot. The attorney or 
accredited representative may choose to join the pilot again by 
returning to eInfo and re-accepting the pilot terms and conditions 
during the pilot period.

V. Additional Information

    Registered attorneys and registered accredited representatives will 
be held responsible for all activity conducted under their accounts. 
Misuse of the electronic filing system may result in EOIR revoking an 
attorney or accredited representative's participation in the pilot, and 
in referral to EOIR's disciplinary counsel or anti-fraud officer, or 
other appropriate parties, as necessary.
    If an attorney or accredited representative has been disbarred or 
suspended from practice before the immigration courts or the BIA or is 
otherwise not authorized to practice law before EOIR, EOIR will 
deactivate the user's EOIR ID, which provides access to electronic 
filing, unless and until the BIA reinstates or otherwise permits the 
attorney or accredited representative to resume practice. See 8 CFR 
1003.101 et seq.
    EOIR will not initially collect or accept any fee payments through 
this expanded electronic filing pilot. Any fees related to 
applications, forms, motions, or appeals that require a fee payment 
should continue to be paid to the Department of Homeland Security or 
the BIA through current procedures. See 8 CFR 1003.24. Once expanded 
electronic filing is available at the BIA, EOIR expects electronic 
payments will be available for appeals and BIA motions that require a 
fee.

    Dated: June 19, 2018.
Nathan Berkeley,
Acting Chief, CLAD.
[FR Doc. 2018-13578 Filed 6-22-18; 8:45 am]
 BILLING CODE 4410-30-P



                                                                             Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Notices                                              29575

                                              Also, DEA has long held that the                        suspended Respondent’s state medical                     DEPARTMENT OF JUSTICE
                                              possession of authority to dispense                     license. What is consequential is the
                                              controlled substances under the laws of                 undisputed fact that Respondent is no                    Executive Office for Immigration
                                              the State in which a practitioner engages               longer currently authorized to dispense                  Review
                                              in professional practice is a                           controlled substances in Texas, the State                [EOIR Docket No. 18–0202]
                                              fundamental condition for obtaining                     in which he is registered. Accordingly,
                                              and maintaining a practitioner’s                                                                                 RIN 1125–AA81
                                                                                                      Respondent is not entitled to maintain
                                              registration. See, e.g., James L. Hooper,               his DEA registration, and I will therefore
                                              76 FR 71371 (2011), pet. for rev. denied,                                                                        EOIR Electronic Filing Pilot Program
                                                                                                      order that his registration be revoked.3
                                              481 Fed. Appx. 826 (4th Cir. 2012); see                                                                          AGENCY:  Executive Office for
                                              also Frederick Marsh Blanton, 43 FR                     Order                                                    Immigration Review, Department of
                                              27616 (1978) (‘‘State authorization to                                                                           Justice.
                                              dispense or otherwise handle controlled                    Pursuant to the authority vested in me
                                                                                                                                                               ACTION: Public notice.
                                              substances is a prerequisite to the                     by 21 U.S.C. 823(f) and 824(a), as well
                                              issuance and maintenance of a Federal                   as 28 CFR 0.100(b), I order that DEA                     SUMMARY:    The Executive Office for
                                              controlled substances registration.’’).                 Certificate of Registration No.                          Immigration Review (EOIR) is creating a
                                                 This rule derives from the text of two               MM2890312, issued to Kevin G.                            voluntary pilot program to test an
                                              provisions of the CSA. First, Congress                  Morgan, RN/APN, be, and it hereby is,                    expansion of electronic filing for cases
                                              defined ‘‘the term ‘practitioner’ [to]                  revoked. I further order that any                        filed with the immigration courts and
                                              mean[ ] a . . . physician . . . or other                pending application of Kevin G. Morgan                   the Board of Immigration Appeals (BIA).
                                              person licensed, registered or otherwise                to renew or modify the above                             This notice describes the procedures for
                                              permitted, by . . . the jurisdiction in                 registration, or any pending application                 participation in the pilot program.
                                              which he practices . . . to distribute,                 of Kevin G. Morgan for any other DEA                     DATES: The pilot program will be in
                                              dispense, [or] administer . . . a                       registration in the State of Texas, be,                  effect from July 16, 2018 until July 31,
                                              controlled substance in the course of                   and it hereby is, denied. This Order is                  2019. Initially, expanded electronic
                                              professional practice.’’ 21 U.S.C.                                                                               filing will be available in six
                                                                                                      effective immediately.4
                                              802(21). Second, in setting the                                                                                  immigration courts, but will be
                                              requirements for obtaining a                              Dated: June 14, 2018.
                                                                                                                                                               expanded to all remaining courts and
                                              practitioner’s registration, Congress                   Robert W. Patterson,                                     the BIA incrementally. Eligible
                                              directed that ‘‘[t]he Attorney General                  Acting Administrator.                                    attorneys and accredited representatives
                                              shall register practitioners . . . if the               [FR Doc. 2018–13530 Filed 6–22–18; 8:45 am]              may choose to participate at any time
                                              applicant is authorized to dispense . . .
                                                                                                      BILLING CODE 4410–09–P                                   during the pilot program and will be
                                              controlled substances under the laws of
                                                                                                                                                               permitted to continue using electronic
                                              the State in which he practices.’’ 21
                                                                                                                                                               filing throughout the pendency of
                                              U.S.C. 823(f). Because Congress has
                                                                                                                                                               electronically filed cases.
                                              clearly mandated that a practitioner
                                              possess state authority in order to be                                                                           FOR FURTHER INFORMATION CONTACT:
                                              deemed a practitioner under the CSA,                                                                             Nathan Berkeley, Acting Chief,
                                              DEA has held repeatedly that revocation                                                                          Communications and Legislative Affairs
                                              of a practitioner’s registration is the                                                                          Division, Office of Policy, Executive
                                              appropriate sanction whenever he is no                                                                           Office for Immigration Review, 5107
                                              longer authorized to dispense controlled                                                                         Leesburg Pike, Suite 2618, Falls Church,
                                              substances under the laws of the State                     3 The CALJ received and considered the                VA 22041, telephone (703) 305–0289
                                              in which he engages in professional                     Government’s Motion for Summary Disposition and          (not a toll-free call) or email PAO.EOIR@
                                              practice. See, e.g., Calvin Ramsey, 76 FR               Respondent’s Brief. In his brief, Respondent ‘‘d[id]     usdoj.gov.
                                              20034, 20036 (2011); Sheran Arden                       not contest that he is subject to a temporary            SUPPLEMENTARY INFORMATION:
                                                                                                      suspension of his state prescriptive authority.’’
                                              Yeates, M.D., 71 FR 39130, 39131                                                                                 I. Background
                                                                                                      Resp. Br. at 1. However, Respondent argued that he
                                              (2006); Dominick A. Ricci, 58 FR 51104,                 will be presenting evidence at ‘‘a probable cause
                                              51105 (1993); Bobby Watts, 53 FR                                                                                    In 1998, Congress passed the
                                                                                                      hearing to be held on March 6, 2018,’’ that his
                                              11919, 11920 (1988); Blanton, 43 FR at                  suspension ‘‘was granted on flawed information
                                                                                                                                                               Government Paperwork Elimination
                                              27616.                                                  and false allegations,’’ and that he ‘‘has not had the   Act, which required federal agencies to
                                                 Moreover, because ‘‘the controlling                  chance to defend his self [sic] against these            provide the public with the ability to
                                              question’’ in a proceeding brought                      allegations.’’ Id. However, as already noted above,      conduct business electronically with the
                                              under 21 U.S.C. 824(a)(3) is whether the                the TSBN suspended Respondent’s nursing license          federal government. See Public Law
                                              holder of a practitioner’s registration ‘‘is            and his authority to issue prescriptions. GX 2, at 17.   105–277 (Oct. 21, 1998). Similarly, in
                                                                                                      As of the date of this order, Respondent has not
                                              currently authorized to handle                                                                                   2002, Congress passed the E-
                                                                                                      filed a motion for reconsideration on the ground
                                              controlled substances in the [S]tate,’’                 that the TSBN has lifted the suspension. The CALJ
                                                                                                                                                               Government Act of 2002, which
                                              Hooper, 76 FR at 71371 (quoting Anne                    concluded that the fact that the State has yet to        promoted electronic government
                                              Lazar Thorn, 62 FR 12847, 12848                         provide a hearing to challenge Respondent’s              services and required agencies to use
                                              (1997)), the Agency has also long held                  suspension does not change the undisputed fact           internet-based technology to increase
                                              that revocation is warranted even where                 that Respondent’s state prescriptive authority is        the public’s access to government
                                              a practitioner has lost his state authority             suspended. R.D. at 7–8. Accordingly, if the CALJ         information and services. See Public
amozie on DSK3GDR082PROD with NOTICES1




                                              by virtue of the State’s use of summary                 had the authority to issue his conclusion rejecting      Law 107–347 (Dec. 17, 2002).
                                                                                                      Respondent’s argument, I would have adopted this
                                              process and the State has yet to provide                                                                            As a result, EOIR began pursuing a
                                                                                                      conclusion.
                                              a hearing to challenge the suspension.                     4 For the same reasons which led the TSBN to
                                                                                                                                                               long-term agency plan to create an
                                              Bourne Pharmacy, 72 FR 18273, 18274                     suspend Respondent’s license and prescriptive
                                                                                                                                                               electronic case access and filing system
                                              (2007); Wingfield Drugs, 52 FR 27070,                   authority, I conclude that the public interest           for the immigration courts and BIA. See
                                              27071 (1987). Thus, it is of no                         necessitates that this Order be effective                68 FR 71650 (Dec. 20, 2003) (‘‘The
                                              consequence that the TSBN summarily                     immediately. 21 CFR 1316.67.                             Department is . . . designing an


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                                              29576                           Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Notices

                                              electronic case access and filing system,               exception of entering a Notice of Entry                decisions, orders, or notices, will be
                                              to comply with the Government                           of Appearance through I3, parties before               served only electronically on
                                              Paperwork Elimination Act, to achieve                   the immigration courts and the BIA are                 participating parties. Both parties will
                                              the Department’s vision for improved                    currently required to submit paper                     receive an encrypted email from EOIR
                                              immigration adjudication processing,                    filings to EOIR and to serve a copy on                 with the document attached. This will
                                              and to meet the public expectations for                 the other party in-person, by mail, or                 constitute valid service and proper
                                              electronic government.’’).                              through DHS’s eService portal.                         notice by EOIR during the pilot. To
                                                 On April 1, 2013, EOIR completed the                    Expanded electronic filing will meet                effectuate such service, attorneys and
                                              first portion of their electronic system                the long sought-after requests of the                  accredited representatives will be
                                              by establishing eRegistry, a mandatory                  private bar to accept electronic filings.              required to maintain a valid email
                                              electronic registry for all attorneys and               See, e.g., AILA Testimony on EOIR,                     address in the eRegistry application.
                                              accredited representatives who practice                 AILA Doc. No. 10061664 (June 17,                          Throughout the pilot, EOIR will
                                              before the immigration courts and the                   2010). As the expanded electronic filing               continue to refine and develop
                                              BIA. See 78 FR 19400 (April 1, 2013).                   pilot is a major change to EOIR                        electronic filing. In the future, the
                                              At the same time, EOIR began allowing                   processes, the pilot will be limited to                agency envisions making electronic
                                              attorneys and fully accredited                          DHS personnel, and registered attorneys                filing mandatory for all attorneys and
                                              representatives 1 to electronically file                and accredited representatives eligible                accredited representatives appearing
                                              the Notice of Entry of Appearance as                    to practice before EOIR.                               before EOIR and optional for pro se
                                              Attorney or Representative (Form EOIR–                     The pilot will allow attorneys and                  respondents. To ensure the most
                                              27 and Form EOIR–28, for the BIA and                    accredited representatives to                          efficient and user-friendly system
                                              immigration courts, respectively).                      electronically file case-related                       possible, EOIR hopes to receive
                                                 Next, on May 4, 2015, EOIR launched                  documents directly through eInfo.                      feedback from participating parties, both
                                              eInfo, which allows registered attorneys                Similarly, DHS representatives will be                 internal and external. Participants will
                                              and accredited representatives to view                  able to login to a parallel portal to                  be able to provide input at any time
                                              their clients’ case information.2 See                   electronically file case-related                       through an email link within eInfo.
                                              News Release, The Executive Office for                  documents. The expanded electronic
                                              Immigration Review Announces I 3,                       filing pilot will allow the parties to file            III. Eligibility To Participate
                                              https://www.justice.gov/sites/default/                  documents at any time of day without                      Beginning in July 2018, EOIR is
                                              files/pages/attachments/2015/09/17/e-                   having to mail the documents to the                    planning to roll out the expanded
                                              info-news-release-05042015.pdf.                         court or BIA, or to file them in-person                electronic filing to six initial pilot
                                              Attorneys and accredited                                at the court or BIA. Parties will receive              courts: San Diego and York in July;
                                              representatives can login to the eInfo                  an on-screen confirmation with a                       Denver and Atlanta in August; and
                                              application to view a list of cases for                 unique transaction ID, as well as an                   Charlotte and Baltimore in September.
                                              which they have an active Notice of                     encrypted verification email, when their               Following an internal assessment of the
                                              Entry of Appearance (Form EOIR–27                       document is successfully uploaded.                     pilot in those courts, EOIR anticipates
                                              and/or Form EOIR–28) and select one to                  They will also receive an encrypted                    expanding the pilot to additional courts
                                              view case-related information.                          notification email when a new                          every few weeks beginning in December
                                                 Since January 2017, EOIR has been                    document has been filed in their case by               2018. EOIR will also be working
                                              undertaking additional and more                         the opposing party. Instructions to                    towards implementing expanded
                                              expansive initiatives to reduce its                     decrypt emails will be available on                    electronic filing at the BIA during this
                                              longstanding backlog of cases and                       EOIR’s website. This will provide the                  time period. Information regarding
                                              working to ensure the more efficient                    parties with near-immediate access to                  future pilot expansion will be located
                                              handling of matters before the                          filings in their cases. Both pilot                     on EOIR’s website at https://
                                              immigration court system. To that end,                  participants and non-participants will                 www.justice.gov/eoir/internet-
                                              EOIR is moving towards implementing                     be able to view any documents                          immigration-info.
                                              a long sought-after electronic system                   contained in their case by accessing
                                              component that will allow parties to                                                                              Participation in the pilot program is
                                                                                                      eInfo and requesting to download the                   voluntary. An opportunity to participate
                                              electronically file case-related                        electronic Record of Proceeding (eROP).
                                              documents with the immigration courts                                                                          in the pilot will be available throughout
                                                                                                         To ensure that parties receive proper               the duration of the pilot to all EOIR-
                                              and the BIA.                                            notice from the opposing party to their                registered attorneys and accredited
                                              II. Pilot Program                                       case, pilot parties will be required to                representatives in good standing.
                                                                                                      continue to meet current service                       Information on participating in the pilot
                                                 EOIR is now planning to pilot an
                                                                                                      requirements 3 for any documents that                  will be provided on EOIR’s website at
                                              expansion of electronic filing within
                                                                                                      they are electronically filing with the                https://www.justice.gov/eoir/internet-
                                              eInfo to allow certain parties to
                                                                                                      court or BIA. Participation in the pilot               immigration-info. Only registered
                                              electronically file case-related
                                                                                                      neither relieves parties of the duty to                attorneys and accredited representatives
                                              documents with the immigration courts
                                                                                                      provide a certificate of service with                  will be permitted to participate in the
                                              and, eventually, the BIA. With the
                                                                                                      filings nor changes the time at which                  pilot.
                                                1 EOIR’s Office of Legal Access Programs reviews
                                                                                                      response documents are due. The
                                              non-attorneys’ applications to become fully             timeline for responses begins at the time              IV. Procedures for Participation
                                              accredited representatives who, upon approval, can      the system sends an email regarding a                    To participate in the expanded
amozie on DSK3GDR082PROD with NOTICES1




                                              represent aliens in immigration court proceedings       filing to the opposing party.
                                              and before DHS. For more information, please see                                                               electronic filing pilot, attorneys and
                                              https://www.justice.gov/eoir/recognition-and-
                                                                                                         Case-related documents EOIR                         accredited representatives must be
                                              accreditation-program. This pilot is not available to   generates at the pilot locations, such as              registered with EOIR through eRegistry
                                              partially accredited representatives.                                                                          pursuant to 8 CFR 1292.1(f). The
                                                2 EOIR also consolidated eRegistry, eInfo, and          3 For information on service requirements, please

                                              eFiling into a single application suite, known as I3.   see the Immigration Court Practice Manual and the
                                                                                                                                                             eRegistry process for attorneys and
                                              For more information about I 3, please visit https://   Board of Immigration Appeals Practice Manual at        accredited representatives will not
                                              www.justice.gov/eoir/internet-immigration-info.         www.justice.gov/eoir.                                  change. Similarly, to participate in the


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                                                                             Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Notices                                                   29577

                                              pilot DHS personnel will also use                       electronic filing requirements at the                  DEPARTMENT OF JUSTICE
                                              eRegistry to register with EOIR.                        non-pilot location.
                                                 Once the eRegistry process is                           The attorney or accredited                          Notice of Charter Renewal
                                              complete, attorneys and accredited
                                                                                                      representative may leave the pilot at any              AGENCY:   Justice Department.
                                              representatives will have access to
                                                                                                      time by selecting the ‘‘opt out’’ option
                                              eInfo, located at https://                                                                                     ACTION: Notice of charter renewal of the
                                                                                                      in eInfo. By leaving the pilot, the
                                              www.justice.gov/eoir/internet-                                                                                 Executive Advisory Board of the
                                              immigration-info, and DHS personnel                     attorney or accredited representative
                                                                                                      must revert to following all current                   National Domestic Communications
                                              will have access to the parallel DHS                                                                           Assistance Center.
                                              electronic filing portal. When an                       procedures and requirements for non-
                                              attorney or accredited representative                   electronic filing with the immigration
                                                                                                      courts and BIA for those cases that were               SUMMARY:    In accordance with the
                                              first accesses eInfo, the option to                                                                            provisions of the Federal Advisory
                                              participate in the expanded electronic                  part of the pilot. The eROP for those
                                                                                                      files already electronically filed will                Committee Act, Title 5, United States
                                              filing pilot is presented. The attorney or                                                                     Code, Appendix, and Title 41 of the
                                              accredited representative must agree to                 remain available for download, but
                                                                                                      electronic scanning or filing will be                  U.S. Code of Federal Regulations,
                                              a set of terms and conditions for the                                                                          section 101–6.1015, notice is hereby
                                              pilot, which explain the requirements                   unavailable to that attorney during the
                                                                                                                                                             given that the Charter of the National
                                              for participation in the pilot and are                  pilot period unless the attorney opts
                                                                                                                                                             Domestic Communications Assistance
                                              mandatory for pilot participants. Failure               back in to the pilot. The attorney or
                                                                                                                                                             Center (NDCAC) Executive Advisory
                                              to follow the pilot requirements to                     accredited representative may choose to
                                                                                                                                                             Board (EAB) has been renewed. The
                                              which attorneys and representatives                     join the pilot again by returning to eInfo
                                                                                                                                                             Charter is on file with the General
                                              agree upon signing up and agreeing to                   and re-accepting the pilot terms and                   Services Administration. The Attorney
                                              the terms and conditions may lead to                    conditions during the pilot period.                    General determined that the NDCAC
                                              serious adverse consequences, such as                                                                          EAB is in the public interest and is
                                              filings being rejected or not receiving                 V. Additional Information
                                                                                                                                                             necessary in connection with the
                                              service of documents from EOIR. Any                        Registered attorneys and registered                 performance of duties of the United
                                              future changes to the terms and                         accredited representatives will be held                States Department of Justice. These
                                              conditions will be presented to the                     responsible for all activity conducted                 duties can best be performed through
                                              attorney or accredited representative in                under their accounts. Misuse of the                    the advice and counsel of this group.
                                              eInfo and will require their voluntary
                                                                                                      electronic filing system may result in                    The purpose of the EAB is to provide
                                              acceptance for continued participation
                                                                                                      EOIR revoking an attorney or accredited                advice and recommendations to the
                                              in the pilot.
                                                 An attorney or accredited                            representative’s participation in the                  Attorney General or designee, and to the
                                              representative’s acceptance of the pilot’s              pilot, and in referral to EOIR’s                       Director of the NDCAC that promote
                                              terms and conditions is an agreement to                 disciplinary counsel or anti-fraud                     public safety and national security by
                                              participate in the pilot for all cases for              officer, or other appropriate parties, as              advancing the NDCAC’s core functions:
                                              which they have filed a Notice of Entry                 necessary.                                             law enforcement coordination with
                                              of Appearance and an eROP is available.                    If an attorney or accredited                        respect to technical capabilities and
                                              Throughout the pilot at participating                   representative has been disbarred or                   solutions, technology sharing, industry
                                              immigration courts, eROPs will be                       suspended from practice before the                     relations, and implementation of the
                                              available for all cases in which one of                 immigration courts or the BIA or is                    Communications Assistance for Law
                                              the parties files an initiating document,               otherwise not authorized to practice law               Enforcement Act (CALEA). The EAB
                                              such as a Form I–862, Notice to Appear;                 before EOIR, EOIR will deactivate the                  consists of 15 voting members from
                                              Form I–863, Notice of Referral to                       user’s EOIR ID, which provides access                  Federal, State, local and tribal law
                                              Immigration Judge; or a bond                            to electronic filing, unless and until the             enforcement agencies. Additionally,
                                              redetermination request. An eROP will                   BIA reinstates or otherwise permits the                there are two non-voting members as
                                              also be available when an attorney or                   attorney or accredited representative to               follows: A federally-employed attorney
                                              accredited representative files a Notice                resume practice. See 8 CFR 1003.101 et                 assigned to the NDCAC to serve as a
                                              of Entry of Appearance and the court                    seq.                                                   legal advisor to the EAB, and the DOJ
                                              staff scan the existing paper record of                                                                        Chief Privacy Officer or designee to
                                              proceedings into the pilot system.                         EOIR will not initially collect or                  ensure that privacy and civil rights and
                                              Representatives will be able to tell                    accept any fee payments through this                   civil liberties issues are fully considered
                                              which cases have an eROP by the active                  expanded electronic filing pilot. Any                  in the EAB’s recommendations. The
                                              upload button that will appear in the                   fees related to applications, forms,                   EAB is composed of eight State, local,
                                              system.                                                 motions, or appeals that require a fee                 and/or tribal representatives and seven
                                                 Attorneys and accredited                             payment should continue to be paid to                  federal representatives.
                                              representatives will be able to                         the Department of Homeland Security or
                                                                                                                                                                The EAB functions solely as an
                                              electronically file documents in eligible               the BIA through current procedures. See
                                                                                                                                                             advisory body in compliance with the
                                              cases beyond the pilot end date until the               8 CFR 1003.24. Once expanded
                                                                                                                                                             provisions of the Federal Advisory
                                              conclusion of all administrative                        electronic filing is available at the BIA,
                                                                                                                                                             Committee Act. The Charter has been
                                              proceedings in those cases, including                   EOIR expects electronic payments will
                                                                                                                                                             filed in accordance with the provisions
                                              any remands from the federal courts. In                 be available for appeals and BIA
amozie on DSK3GDR082PROD with NOTICES1




                                                                                                                                                             of the Act.
                                              any case where a motion for change of                   motions that require a fee.
                                              venue is granted from a pilot location to                                                                      Alice Bardney-Boose,
                                                                                                       Dated: June 19, 2018.
                                              a non-pilot location, or a clerical                                                                            Designated Federal Officer, National
                                                                                                      Nathan Berkeley,                                       Domestic Communication Assistance Center,
                                              transfer occurs from a pilot location to
                                              a non-pilot location, the attorney or                   Acting Chief, CLAD.                                    Executive Advisory Board.
                                              accredited representative will be                       [FR Doc. 2018–13578 Filed 6–22–18; 8:45 am]            [FR Doc. 2018–13555 Filed 6–22–18; 8:45 am]
                                              required to follow the current non-                     BILLING CODE 4410–30–P                                 BILLING CODE 4410–02–P




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Document Created: 2018-06-23 02:28:45
Document Modified: 2018-06-23 02:28:45
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionPublic notice.
DatesThe pilot program will be in effect from July 16, 2018 until July 31, 2019. Initially, expanded electronic filing will be available in six immigration courts, but will be expanded to all remaining courts and the BIA incrementally. Eligible attorneys and accredited representatives may choose to participate at any time during the pilot program and will be permitted to continue using electronic filing throughout the pendency of electronically filed cases.
ContactNathan Berkeley, Acting Chief, Communications and Legislative Affairs Division, Office of Policy, Executive Office for Immigration Review, 5107 Leesburg Pike, Suite 2618, Falls Church, VA 22041, telephone (703) 305-0289 (not a toll-free call) or email [email protected]
FR Citation83 FR 29575 
RIN Number1125-AA81

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