New Immigration Appeal Division (IAD) Scheduling Practices for counsel

In January 2018, the IAD will modify its scheduling practices. Instead of calling or faxing counsel directly, as had previously been the case, the IAD will email counsel with a date for a hearing or Alternative Dispute Resolution (ADR) conference. If counsel is unavailable on the proposed date, they will then have two business days to offer alternative dates. Email communication will become the default means of contact with counsel for scheduling purposes in all regions.

Eligibility

  • These new scheduling practices apply to all cases involving a lawyer, paralegal, notary or immigration consultant. Unrepresented appellants will continue to receive a Notice to Appear by regular mail.
  • Cases with counsel are automatically opted-in to scheduling by email if the IAD has their email address. However, the phone and/or fax may continue to be used for scheduling.
  • If counsel would like to be contacted by email for scheduling and have not already provided the IAD with their email address, they should send their updated contact information to the Division in writing, using one of the following options:

The IAD scheduling unit will not respond to enquiries or correspondence that are unrelated to the scheduling of appeals. Any case-related inquiries should be directed to the Registry office in your region. All other matters will be processed by the IAD Registry in accordance with the IAD Rules.

Process

  • Prior to issuing the Notice to Appear, the IAD will send an email to counsel with the date and time of the hearing/conference that has been scheduled. If counsel has not provided the IAD with an email, the IAD will send a fax or communicate by phone.
  • Counsel will have two (2) business days to confirm by email, fax or phone the date and time specified by the IAD or, if unavailable on that date, to reply with six (6) alternate dates within the period specified by the Division, in order of preference.
  • If an interpreter is required for the hearing, it will be indicated in the email. If the email does not reference an interpreter, counsel must notify the IAD in writing of the interpretation needs at least 20 days prior to the scheduled hearing date.
  • If counsel does not reply within two (2) business days, the hearing/conference date will be considered confirmed. The IAD will not make additional attempts to contact counsel if no confirmation has been received.
  • Once a hearing/conference date is either confirmed or selected by the IAD from among the alternative dates provided, the Notice to Appear will be sent by regular mail as per the established process.
  • Once a hearing/conference is confirmed, counsel must make a written application (IAD Rule 48) for any change.