EOIR Electronic Filing Pilot Program, 29575-29577 [2018-13578]

Download as PDF amozie on DSK3GDR082PROD with NOTICES1 Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Notices Also, DEA has long held that the possession of authority to dispense controlled substances under the laws of the State in which a practitioner engages in professional practice is a fundamental condition for obtaining and maintaining a practitioner’s registration. See, e.g., James L. Hooper, 76 FR 71371 (2011), pet. for rev. denied, 481 Fed. Appx. 826 (4th Cir. 2012); see also Frederick Marsh Blanton, 43 FR 27616 (1978) (‘‘State authorization to dispense or otherwise handle controlled substances is a prerequisite to the issuance and maintenance of a Federal controlled substances registration.’’). This rule derives from the text of two provisions of the CSA. First, Congress defined ‘‘the term ‘practitioner’ [to] mean[ ] a . . . physician . . . or other person licensed, registered or otherwise permitted, by . . . the jurisdiction in which he practices . . . to distribute, dispense, [or] administer . . . a controlled substance in the course of professional practice.’’ 21 U.S.C. 802(21). Second, in setting the requirements for obtaining a practitioner’s registration, Congress directed that ‘‘[t]he Attorney General shall register practitioners . . . if the applicant is authorized to dispense . . . controlled substances under the laws of the State in which he practices.’’ 21 U.S.C. 823(f). Because Congress has clearly mandated that a practitioner possess state authority in order to be deemed a practitioner under the CSA, DEA has held repeatedly that revocation of a practitioner’s registration is the appropriate sanction whenever he is no longer authorized to dispense controlled substances under the laws of the State in which he engages in professional practice. See, e.g., Calvin Ramsey, 76 FR 20034, 20036 (2011); Sheran Arden Yeates, M.D., 71 FR 39130, 39131 (2006); Dominick A. Ricci, 58 FR 51104, 51105 (1993); Bobby Watts, 53 FR 11919, 11920 (1988); Blanton, 43 FR at 27616. Moreover, because ‘‘the controlling question’’ in a proceeding brought under 21 U.S.C. 824(a)(3) is whether the holder of a practitioner’s registration ‘‘is currently authorized to handle controlled substances in the [S]tate,’’ Hooper, 76 FR at 71371 (quoting Anne Lazar Thorn, 62 FR 12847, 12848 (1997)), the Agency has also long held that revocation is warranted even where a practitioner has lost his state authority by virtue of the State’s use of summary process and the State has yet to provide a hearing to challenge the suspension. Bourne Pharmacy, 72 FR 18273, 18274 (2007); Wingfield Drugs, 52 FR 27070, 27071 (1987). Thus, it is of no consequence that the TSBN summarily VerDate Sep<11>2014 17:58 Jun 22, 2018 Jkt 244001 suspended Respondent’s state medical license. What is consequential is the undisputed fact that Respondent is no longer currently authorized to dispense controlled substances in Texas, the State in which he is registered. Accordingly, Respondent is not entitled to maintain his DEA registration, and I will therefore order that his registration be revoked.3 Order Pursuant to the authority vested in me by 21 U.S.C. 823(f) and 824(a), as well as 28 CFR 0.100(b), I order that DEA Certificate of Registration No. MM2890312, issued to Kevin G. Morgan, RN/APN, be, and it hereby is, revoked. I further order that any pending application of Kevin G. Morgan to renew or modify the above registration, or any pending application of Kevin G. Morgan for any other DEA registration in the State of Texas, be, and it hereby is, denied. This Order is effective immediately.4 Dated: June 14, 2018. Robert W. Patterson, Acting Administrator. [FR Doc. 2018–13530 Filed 6–22–18; 8:45 am] BILLING CODE 4410–09–P 3 The CALJ received and considered the Government’s Motion for Summary Disposition and Respondent’s Brief. In his brief, Respondent ‘‘d[id] not contest that he is subject to a temporary suspension of his state prescriptive authority.’’ Resp. Br. at 1. However, Respondent argued that he will be presenting evidence at ‘‘a probable cause hearing to be held on March 6, 2018,’’ that his suspension ‘‘was granted on flawed information and false allegations,’’ and that he ‘‘has not had the chance to defend his self [sic] against these allegations.’’ Id. However, as already noted above, the TSBN suspended Respondent’s nursing license and his authority to issue prescriptions. GX 2, at 17. As of the date of this order, Respondent has not filed a motion for reconsideration on the ground that the TSBN has lifted the suspension. The CALJ concluded that the fact that the State has yet to provide a hearing to challenge Respondent’s suspension does not change the undisputed fact that Respondent’s state prescriptive authority is suspended. R.D. at 7–8. Accordingly, if the CALJ had the authority to issue his conclusion rejecting Respondent’s argument, I would have adopted this conclusion. 4 For the same reasons which led the TSBN to suspend Respondent’s license and prescriptive authority, I conclude that the public interest necessitates that this Order be effective immediately. 21 CFR 1316.67. PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 29575 DEPARTMENT OF JUSTICE Executive Office for Immigration Review [EOIR Docket No. 18–0202] RIN 1125–AA81 EOIR Electronic Filing Pilot Program Executive Office for Immigration Review, Department of Justice. ACTION: Public notice. AGENCY: 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: SUMMARY: 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 EGovernment 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 E:\FR\FM\25JNN1.SGM 25JNN1 29576 Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Notices 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). 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/einfo-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. 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. amozie on DSK3GDR082PROD with NOTICES1 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 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-andaccreditation-program. This pilot is not available to partially accredited representatives. 2 EOIR also consolidated eRegistry, eInfo, and eFiling into a single application suite, known as I3. For more information about I 3, please visit https:// www.justice.gov/eoir/internet-immigration-info. VerDate Sep<11>2014 17:58 Jun 22, 2018 Jkt 244001 exception of entering a Notice of Entry of Appearance through I3, 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. Case-related documents EOIR generates at the pilot locations, such as 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. PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 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/internetimmigration-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 EOIRregistered 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/internetimmigration-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 E:\FR\FM\25JNN1.SGM 25JNN1 amozie on DSK3GDR082PROD with NOTICES1 Federal Register / Vol. 83, No. 122 / Monday, June 25, 2018 / Notices 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/internetimmigration-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- VerDate Sep<11>2014 17:58 Jun 22, 2018 Jkt 244001 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 nonelectronic 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. 29577 DEPARTMENT OF JUSTICE Notice of Charter Renewal AGENCY: Justice Department. Notice of charter renewal of the Executive Advisory Board of the National Domestic Communications Assistance Center. ACTION: In accordance with the provisions of the Federal Advisory Committee Act, Title 5, United States Code, Appendix, and Title 41 of the U.S. Code of Federal Regulations, section 101–6.1015, notice is hereby given that the Charter of the National Domestic Communications Assistance Center (NDCAC) Executive Advisory Board (EAB) has been renewed. The Charter is on file with the General Services Administration. The Attorney General determined that the NDCAC EAB is in the public interest and is necessary in connection with the performance of duties of the United States Department of Justice. These duties can best be performed through the advice and counsel of this group. The purpose of the EAB is to provide advice and recommendations to the Attorney General or designee, and to the Director of the NDCAC that promote public safety and national security by advancing the NDCAC’s core functions: law enforcement coordination with respect to technical capabilities and solutions, technology sharing, industry relations, and implementation of the Communications Assistance for Law Enforcement Act (CALEA). The EAB consists of 15 voting members from Federal, State, local and tribal law enforcement agencies. Additionally, there are two non-voting members as follows: A federally-employed attorney assigned to the NDCAC to serve as a legal advisor to the EAB, and the DOJ Chief Privacy Officer or designee to ensure that privacy and civil rights and civil liberties issues are fully considered in the EAB’s recommendations. The EAB is composed of eight State, local, and/or tribal representatives and seven federal representatives. The EAB functions solely as an advisory body in compliance with the provisions of the Federal Advisory Committee Act. The Charter has been filed in accordance with the provisions of the Act. SUMMARY: Dated: June 19, 2018. Nathan Berkeley, Acting Chief, CLAD. Alice Bardney-Boose, Designated Federal Officer, National Domestic Communication Assistance Center, Executive Advisory Board. [FR Doc. 2018–13578 Filed 6–22–18; 8:45 am] [FR Doc. 2018–13555 Filed 6–22–18; 8:45 am] BILLING CODE 4410–30–P BILLING CODE 4410–02–P PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\25JNN1.SGM 25JNN1

Agencies

[Federal Register Volume 83, Number 122 (Monday, June 25, 2018)]
[Notices]
[Pages 29575-29577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13578]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 [email protected].

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).
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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