eoir-removal-defense

name: eoir-removal-defense description: > Use this skill to assemble respondent filings in removal proceedings before an immigration judge (the substantive companion to eoir-immigration-courts). Covers entering appearance, pleading to the Notice to Appear (admit/deny allegations, concede/contest charges), designating relief, and motions (continuance, change of venue, administrative closure, prehearing statement). Triggers: "I got an NTA", "notice to appear", "master calendar hearing", "plead to the charges", "deny allegations", "removal defense", "designate relief", "cancellation of removal", "asylum in immigration court", "voluntary departure", "motion to continue", "change of venue", "administrative closure". Produces pleading scaffold (admit/deny + concede/contest), motion-to-continue and motion-to-change-venue scaffolds, relief-application cover/index. Routes reopen/reconsider motions to eoir-motions-to-reopen-reconsider. version: 0.1.1

EOIR — Removal Defense (Respondent Filings)

NOT LEGAL ADVICE. Drafting aids, scaffolds, and checklists only — not legal advice, and no attorney-client relationship is created. Removal proceedings are high-stakes: an order of removal can mean permanent separation, multi-year or permanent bars to reentry, and loss of status — and many steps (especially concessions and missed deadlines) are hard or impossible to undo. A licensed immigration attorney or an EOIR-accredited representative is strongly advised before you plead or file anything. Verify every form edition, deadline, and citation against current law.

This skill produces the respondent's substantive filings; filing format, the caption/cover page, service on DHS/ICE OPLA, exhibit tabbing, and ECAS vs. paper come from eoir-immigration-courts. Statutory text lives in the ../../references/immigration-statutes/ corpus — cite by the INA → 8 U.S.C. crosswalk in its README (INA § 240 = 8 U.S.C. § 1229a, § 240A = § 1229b, § 240B = § 1229c, § 208 = § 1158, § 245 = § 1255, § 237 = § 1227, § 212 = § 1182), not from memory.

Entering an appearance

• A representative enters with Form EOIR-28 (the EOIR equivalent of a court appearance) — attorneys and EOIR-accredited reps only (see immigration-pro-se for who may appear and the notario-fraud warning).
• A pro se respondent files no appearance form — you are already a party. Format and signature-block mechanics defer to eoir-immigration-courts.

Pleading to the Notice to Appear (the master calendar hearing)

At the master calendar hearing (MCH) the respondent pleads to the NTA (Form I-862). The pleading has three moving parts, and the IJ takes them on the record under 8 CFR § 1240.10:

1. The factual allegations (numbered ¶¶ in the NTA — alienage, manner of entry, status, any convictions). For each allegation: admit or deny (or "deny for lack of knowledge").
2. The charge(s) of removability — cited as grounds of deportability under INA § 237 / 8 U.S.C. § 1227 (for someone admitted) or inadmissibility under INA § 212 / 8 U.S.C. § 1182 (for an arriving alien or one not admitted). For each charge: concede or contest.
3. Designate the relief sought and the country of removal (or decline to designate).

Why concessions are high-stakes — flag this to the user. Admitting the factual allegations and conceding the charge establishes removability and shifts the burden to the respondent to prove eligibility for relief in the exercise of discretion (8 CFR § 1240.8(d)). A concession is generally binding and hard to undo. By contrast, if the respondent contests removability, DHS must prove a deportability charge by clear and convincing evidence (8 CFR § 1240.8(a)); for an applicant for admission, the respondent bears the burden of proving admissibility (§ 1240.8(b)/(c)). Do not concede reflexively — the choice drives the whole case. The burden framework is statutory at INA § 240(c) / 8 U.S.C. § 1229a(c).

The relief menu — designate, then route to the application

Relief is requested in proceedings; each form of relief has its own application and is handed off to the skill that drafts it:

The relief-application cover/index scaffold below assembles the application, the supporting exhibits (tabbed per eoir-immigration-courts), and the proof of service. Eligibility analysis is NOT in scope — verify the substantive bars and thresholds against the statute and 8 CFR.

Motions in proceedings

• Motion to continue. Filed on a good-cause showing (8 CFR § 1003.29; the continuance/filing-extension limits at 8 CFR § 1240.10(h)). State the specific cause (e.g., retaining counsel, awaiting a pending USCIS petition, gathering evidence), the length sought, and whether DHS opposes.
• Motion to change venue. Decided under the 8 CFR Part 1003 / § 1240.10 framework and the ICPM; typically requires pleading to the NTA, stating a fixed new address, and a good-cause showing (usually a move). Route format through eoir-immigration-courts.
• Motion to administratively close or to terminate. Administrative closure removes the case from the active docket; termination ends proceedings (e.g., a defective NTA, or DHS lacks a sustainable charge). Both are decided by the IJ under the Part 1003 framework.
• Prehearing statement + the call-up deadline. Before the individual / merits hearing, the IJ (or the ICPM default) sets a filing "call-up" deadline for exhibits, witness lists, and a prehearing statement. The deadline is firm — late exhibits can be refused (8 CFR § 1240.7(g)). Run immigration-deadlines to fix the date.

Motions to REOPEN or RECONSIDER are a separate skill — route those to eoir-motions-to-reopen-reconsider.

Artifacts this skill drafts

• A pleading scaffold — allegation-by-allegation admit/deny plus concede/contest per charge, with the burden-shift warning surfaced.
• A motion-to-continue scaffold (good-cause statement + length + DHS position).
• A motion-to-change-venue scaffold (plea to the NTA + fixed new address + good cause).
• A relief-application cover/index (application form + tabbed exhibits + proof of service).

Related authority

• 8 CFR Part 1240 (removal proceedings — pleading § 1240.10, burdens § 1240.8, evidence/call-up § 1240.7, continuances § 1240.10(h)) — ../../references/immigration-regulations/8CFR-1240-removal-eoir.md.
• 8 CFR Part 1003 (EOIR/BIA/IJ proceedings — motions, continuances § 1003.29, venue) — ../../references/immigration-regulations/8CFR-1003-eoir-bia.md.
• 8 CFR Part 1208 (asylum before EOIR) — ../../references/immigration-regulations/8CFR-1208-asylum-eoir.md.
• Statutes: § 1229a (removal + § 1229a(c) burden), § 1229b (cancellation), § 1229c (voluntary departure), § 1158 (asylum), § 1255 (adjustment), § 1227 (deportability), § 1182 (inadmissibility) — ../../references/immigration-statutes/INA-II-immigration.md.

Composition

Builds on eoir-immigration-courts (format, caption, service on OPLA, ECAS) for every filing's mechanics. immigration-deadlines supplies the MCH, call-up, and motion clocks; immigration-fact-check verifies citations. Reopen/reconsider go to eoir-motions-to-reopen-reconsider; appeals of the IJ's decision go to bia-appeals. Where relief depends on an underlying USCIS petition (adjustment) or a consular step, composes with uscis-benefit-requests and consular-visa-refusal.