Requested remote hearings that do not receive a decision within 48 hours prior to the scheduled court time will, by default, be granted. This currently applies to the New Jersey Newark Immigration Court.
The Executive Office for Immigration Review (EOIR) has been asked to set requirements for timely decisions. The original request asked for a period of 15 days prior to unadjudicated requests defaulting to a virtual hearing. However, the U.S. District Judge determined the 48-hour rule. In addition, the Judge is requiring immigration judges who deny a remote hearing to provide a detailed explanation of why the request was denied, signed and dated, by the judge.
If you have questions about remote hearings or your immigration issue, please contact us. We work with our clients in their particular situations to ensure they get the proper guidance.