EOIR PM 25-31

OOD PM 25-31 Effective: May 9, 2025 To: All of EOIR From: Sirce E. Owen, Acting Director Date: May 9, 2025 ADDENDUM TO POLICY MEMORANDUM 25-30 PURPOSE: Addendum to Policy Memorandum 25-30 OWNER: Office of the Director AUTHORITY: 8 C.F.R. § 1003.0(b) CANCELLATION: None The instant Policy Memorandum (PM) adds to PM 25-30, “Cancellation of Operating Policies and Procedures Memorandum 18-01,” and provides additional guidance regarding clerical transfers of cases between non-detained and detained dockets, clarifying section VI, “Clerical Transfers.” EOIR may administratively, or clerically, transfer a case between Immigration Courts given a variety of circumstances.1 As explained in PM 25-30, one such circumstance is a clerical transfer from a detained docket at one Immigration Court to a non-detained docket at another Immigration Court when an alien is released from custody of the Department of Homeland Security (DHS). However, clerical transfers are not limited solely to this scenario. The inverse also applies. When DHS detains an alien with pending proceedings on a non-detained docket, EOIR may clerically transfer the alien’s proceedings to the Immigration Court with jurisdiction over the relevant detained docket.2 Upon completion of a clerical transfer, EOIR will provide a hearing notice to the parties indicating the location of the new Immigration Court for the next hearing.

If either party objects to the transfer, that party may file a change of venue motion that will typically be adjudicated by an Immigration Judge at the receiving court.3 This PM is not intended to, does not, and may not be relied upon to create, any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. 1 EOIR will not administratively transfer a case without the identification of a fixed and complete street address, however. 2 Immigration Courts may clerically transfer proceedings upon receipt of a Form I-830, Notice to EOIR: Alien Address. 3 Nothing in this PM should be construed as prohibiting a party from filing a motion for a change of venue before a clerical transfer is effectuated.

Nothing herein should be construed as mandating a particular outcome in any specific case. Nothing in this PM limits an adjudicator’s independent judgment and discretion in adjudicating cases or an adjudicator’s authority under applicable law. Please contact your supervisor if you have any questions. 2