§ 68.6 Filing and service of documents.

(a) Filing generally. This section applies to the filing of all documents in cases before OCAHO.

(1) Filing a complaint. Subject to the electronic filing requirements of paragraph (b) of this section, a party must file a complaint either:

(i) Electronically through OCAHO's electronic filing application; or

(ii) By filing an original and four copies with the Chief Administrative Hearing Officer.

(2) Filing pleadings and documents other than the complaint. Subject to the electronic filing requirements of paragraph (b) of this section, a party must file pleadings and documents, including any attachments, other than the complaint either:

(i) Electronically through OCAHO's electronic filing application; or

(ii) By filing an original and two copies with the Administrative Law Judge assigned to the case.

(b) Electronic filing —

(1) Mandatory electronic filing. The Department of Homeland Security, the Department of Justice, and all attorneys or authorized representatives are required to electronically file all documents, including complaints, with OCAHO through OCAHO's electronic filing application. In individual cases, an Administrative Law Judge or the Chief Administrative Hearing Officer may require unrepresented complainants and respondents to electronically file documents where paper filing is infeasible or impracticable.

(2) Voluntary electronic filing. Subject to paragraph (b)(1) of this section, although not required, unrepresented complainants and respondents may electronically file documents with OCAHO through OCAHO's electronic filing application. If an unrepresented complainant or respondent opts to use OCAHO's electronic filing application for a case, the individual must electronically file all documents through OCAHO's electronic filing application for the duration of that case, unless the presiding Administrative Law Judge or the Chief Administrative Hearing Officer grants leave to opt out of electronic filing.

(3) Unavailability of electronic filing application. If OCAHO's electronic filing application is unavailable due to an unplanned system outage on the last day for filing in a specific case, the filing deadline will be extended to the first day that the electronic filing application becomes accessible that is not a Saturday, Sunday, or legal holiday. For planned system outages, parties must electronically file documents during system availability within the applicable filing deadline, or paper or email file documents within the applicable filing deadline. EOIR will issue public communications for planned system outages ahead of the scheduled outage. Any planned system outage announced five or fewer business days prior to the start of the outage will be treated as an unplanned outage.

(4) Discretion to accept paper or email filings. The Administrative Law Judges and the Chief Administrative Hearing Officer retain discretion to accept paper or email filings in all cases.

(5) Originals. Parties must make the originals of all filed documents available to OCAHO or the opposing party for review upon request.

(6) Classified information. Notwithstanding any other provisions of this part, classified information is never allowed to be electronically filed.

(7) Signatures on electronically filed documents. All documents filed electronically with OCAHO must have an original, handwritten ink signature; an encrypted, digital signature; an electronic signature; or a conformed signature. This paragraph (b)(7) is subject to the signature requirements of the application or document being submitted.

(8) Misuse. OCAHO retains the right to suspend a user's access to the OCAHO electronic filing application for repeated misuse or abuse of the system.

(c) Service of filings. The service of filings with OCAHO depends on whether all parties are using OCAHO's electronic filing application.

(1) When all parties are using the electronic filing application. If all parties in a specific case are using OCAHO's electronic filing application, the parties do not need to serve a document that is filed through OCAHO's electronic filing application on the opposing party. The OCAHO electronic filing application will effectuate service by providing a notification of all electronically filed documents on all parties to a case by email. The filing party must include a certificate of service stating that all parties are using OCAHO's electronic filing application and, therefore, no separate service was completed.

(2) When not all parties are using the electronic filing application. If one or more parties in a specific case are not using OCAHO's electronic filing application, or when the electronic filing application is unavailable, parties must serve a copy of all documents filed with OCAHO—except for the complaint as detailed in § 68.3—on all parties of record by one of the means specified in this paragraph (c)(2), regardless of whether the document is filed electronically or in paper with OCAHO. The filing party must include a certificate of service that specifies the date and manner of service on the other party or parties. When a party is represented by an attorney, service must be made upon the attorney. Service under this paragraph (b)(2) may be made:

(i) By personal delivery;

(ii) By mailing a copy to the last known address of the party or representative; or

(iii) By email, if the party being served has consented to receive electronic service of documents.

(3) Valid email address. Use of OCAHO's electronic filing application requires a valid email address for electronic service. OCAHO will use the email address provided by the parties when they register for the electronic filing application for electronic service on participating parties. Users must immediately update their electronic filing application account if their email address changes. OCAHO will consider service completed when the electronic notification is delivered to the last email address on file provided by the user.

[Dir. Order No. 04-2026, 91 FR 9996, Mar. 2, 2026]