ATTORNEY
FIRM
ADDRESS
ADDRESS
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
CHICAGO, ILLINOIS
______
IN THE MATTER OF: )
)
CLIENT ) File No: AXXX-XXX-XXX
)
) Next merits hearing:
RESPONDENT ) DATE at TIME
______) before the Honorable JUDGE
MOTION TO ALLOW LATE FILING
Respondent, through undersigned counsel, requests that this Court grant his Motion to Allow Late Filing. In support of this Motion, Respondent states as follows:
1- Respondent has been detained by Chicago Immigration & Customs Enforcement. (ICE) since approximately December 2, 2003. At his last hearing, on January 30, 2004, Respondent requested a bond, which this Court granted in the amount of $10,000.
2- Respondent informed the Court that he would be unable to post this amount and requested a quick hearing on the merits of his case. The Court scheduled Respondent for an Individual Hearing for February 4, 2004.
3- Given that undersigned counsel had only two business days to prepare for the hearing, the Court set a filing date for supporting documents on the day before the hearing, or February 3, 2004, to which the Government agreed.
4- Undersigned counsel has been in continuous contact with Respondent’s former foster father, YYYYYYYY, who had been gathering the necessary documents of support for Respondent’s application.
5- After undersigned counsel informed YYYYYYYY that Respondent’s Individual Hearing would take place on February 4, 2004, YYYYYYYY mailed to undersigned counsel all of the original documents he had via Overnight United States Postal Service on Saturday, January 31, 2004. The U.S. Post Office guaranteed to YYYYYYYY that the documents would be delivered to undersigned counsel’s office on Sunday, February 1st, and thus, counsel would have the documents Monday morning, February 2, 2004.
6- The documents were delivered to undersigned counsel on late Tuesday morning, February 3, 2004 at approximately 10:30 a.m. Despite undersigned counsel’s diligent efforts, she was not able to prepare the supporting documents by 4:30 p.m. later that day.
7- When undersigned counsel ascertained that she would not have supporting documents ready for filing on that day, she made a call to the Government’s attorney assigned to the case, Nelson Perez. Mr. Perez informed undersigned counsel that he had no objection to a filing of the documents on the day of the hearing. Mr. Perez requested at minimum, the affidavits of Respondent and his witness, his foster father, YYYYYYYY, which undersigned counsel sent to Mr. Perez via fax. Undersigned counsel confirmed with Mr. Perez that he had received the affidavits.
8- Undersigned counsel has attached a copy of the U.S. Postal Service receipt with their statement that documents were delivered until February 3, 20004, through no fault of the sender. YYYYYYYYYYY received a reimbursement for his payment to have the documents delivered via overnight mail.
9- Respondent submits that allowing this late filing will not cause inconvenience to the Court nor prejudice the Government. Rather, it will ensure that Respondent will go forward with his case as scheduled and that he will have a full and fair hearing on the merits of his application for relief.
WHEREFORE, Respondent requests that the Court grant his Motion to Allow Late Filing.
Respectfully submitted,
______
Dated: ______ATTORNEY
FIRM
ADDRESS
ADDRESS
PHONE
FAX
CERTIFICATE OF SERVICE
I, ______, hereby certify that I hand delivered a copy of Respondent’s Motion to Allow Late Filing to the Office of the Chief Counsel via e-service at on ______.
______
ATTORNEY
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
CHICAGO, ILLINOIS
In the Matter of Client Client A Number: XXX-XXX-XXX
ORDER OF THE IMMIGRATION JUDGE
Upon consideration of the Respondent’s Motion to Allow Late Filing, it is HEREBY ORDERED that the motion be _____ GRANTED _____ DENIED because:
_____DHS does not oppose the motion.
_____ A response to the motion has not been filed with the Court.
_____ Good cause has been established for the motion
_____ The Court agrees with the reasons stated in the opposition to the motion.
_____ Other:
______
Date Immigration Judge
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