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Home | Case-Filing | Electronic Filing Information | Immigration Case Tolling

Filing a FRAP 42(b) motion to dismiss and remand

1. Prepare the FRAP 42(b) motion to dismiss the petition and remand to the Board of Immigration Appeals. Save the letter as a searchable PDF on the computer's hard drive or network drive.


2. Log in to CM/ECF. On the startup page select Filing > File a Document.

dialog box



3. On the File a Document screen, enter the case number in the Case field and hit the Tab key on the keyboard. The case number and name appear in the Case Selection box toward the bottom of the screen.


4. On the left side of the screen, select Appl, Motn, Pet for Rhg, Supp, Oppos. On the right side of the screen, select Motion FILED.

file a document



At the bottom of the screen, click the Continue button.


The screen that opens is divided into three sections from top to bottom: Party Filer, PDF Document, and Relief.

filing motion screen



5. In the Party Filer section at the top of the screen, click the box to the left of the filer on whose behalf the motion is filed.

filing motion screen



6. Use the PDF Document section in the middle of the screen to upload the motion. The system automatically fills in the Description box with the selection made on the previous screen. Click the Browse button to the right of the Document box to navigate to the motion saved on the filer's computer.


A dialog box titled Select PDF Document opens. Highlight the motion. The highlighted file name appears in the File Name field.

Select PDF document



Click the Open button.


The docketing screen reopens. The name of the uploaded motion now appears in the Document box in the PDF Document section of the screen.

Filing motion filed



The View button now is active. Clicking the View button allows a filer to verify that the correct document is uploaded. To attach an additional document, click the Add Another button to upload.


7. In the Relief section at the bottom of the screen, select Motion Reliefs from the Category pull-down list.

Filing motion filed



Select FRAP 42(b) Immigration Remand from the Description pull-down list.

Filing motion filed



Click the Apply button to the right of the Description list.

Filing motion filed



Now the relief appears in the Selected Reliefs list.

Filing motion filed



When the party filer is selected, the PDF document is uploaded, and the relief is selected, click the Continue button.


8. The Service screen opens. Enter the service date (today's date or earlier date on which service is made) in MM/DD/YYYY format in the Service Date box.


Click the box(es) corresponding to the type of service employed.

Filing motion filed



Click the Continue button.


9. A dialog box showing the text of the docket entry opens.

Docket text



Click the Continue button to proceed. Otherwise, click the Back button to return to the previous screen to edit any incorrect information.


The Event Review dialog box opens to offer a final opportunity to edit the information that appears in the docket entry. To complete the transaction, click the Submit button.

Event review



A pop-up box opens to verify that the transaction is completed.

Event docketed



Click the OK button.


10. The docketing screen reopens, and the Notice of Docket Activity (NDA) - identical to the email sent to opposing counsel - simultaneously opens in a browser.

Notice of docket activity



To close the browser, click the red X in the upper right-hand corner. Continue working in CM/ECF or log out of the system.



Last modified at 10/25/2012