Alien Terrorist Removal Court Rules

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Alien Terrorist Removal Court Rules

*As Amended Through June 1, 2010


Rule 1: Name of Court

This Court, established pursuant to the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, Title IV, 110 Stat. 1214, 1258, (Title V of the Immigration and Nationality Act), and as amended by the Omnibus Consolidated Appropriations Act for 1997, Public Law No. 104-208, Title I, § 354, 110 Stat. 3009, shall be known as the Alien Terrorist Removal Court of the United States (8 U.S.C. § 1531 et seq.).

Rule 2: Seal

The seal of the Court shall contain the words "Alien Terrorist Removal Court" in the upper sector of space included within the two outer concentric circles and the words "of the United States of America" in the lower sector, and shall contain the standardized eagle rampant in the center.

Rule 3: Situs

The situs of the Court shall be at the United States Courthouse, Washington, D.C., 20001.

Rule 4: Clerk

(a) The Clerk of the District Court for the District of Columbia shall be the Clerk of this Court.

(b) The Clerk shall supply a deputy clerk and other personnel as the business of this Court may require.

(c) Personnel responsible for filing and maintaining records of this Court containing classified information shall have appropriate levels of security clearance in compliance with Executive Branch procedures governing classified information.

Rule 5: Application for Removal

(a) The Attorney General, acting on behalf of the United States as applicant, shall file an original and two copies of an application seeking removal of an alleged alien, named as respondent.

(b) The application shall be submitted ex parte and in camera and shall be filed under seal with the Clerk of this Court.

(c) The application shall state, to the extent known, the level of classified information, if any, that the Attorney General will present in support of removal.

(d) The application shall state whether the respondent is a permanent resident alien.

Rule 6: Assignment of Cases

(a) The Clerk shall promptly advise the Chief Judge, by a secured means, of the filing of an application. The Chief Judge shall thereupon make an assignment of the case to a member of the Court for consideration and determination of that case.

(b) Cases shall be assigned to judges of the Court in such a manner that each judge, if available for an assignment, shall receive an assignment before any other judge receives a second or successive assignment.

Rule 7: Service of an Order Granting an Application and Notice of a Removal Hearing

(a) If an order is entered granting an ex parte application, an authorized representative of the Attorney General shall serve the respondent who is the subject of the application with a copy of the order, excluding any classified information in the order, together with a Notice pursuant to 8 U.S.C. § 1534(b). The Notice shall also set an expeditious date for the Removal Hearing.

(b) The Attorney General shall file with the Clerk a certificate of service of the order and Notice.

(c) Retained counsel for a respondent shall promptly file an appearance with the Clerk.

(d) If a respondent is financially unable to obtain adequate representation, the respondent may request appointment of counsel from the Criminal Justice Panel for United States District Court for the District of Columbia, as provided for in Section 3006A of Title 18 (Criminal Justice Act).

Rule 8: Interim Hearing

(a) For the convenience of the assigned judge and the parties, the judge may conduct an Interim Hearing or Hearings for the purpose of resolving issues relating to representation of the respondent, special issues relating to a permanent resident alien respondent, issues relating to classified information, or if required by statute. When appropriate, the Interim Hearing will be conducted ex parte and in camera.

(b) Any Interim Hearing shall be conducted in the United States Courthouse in Washington, D.C.

Rule 9: Place of Conducting Removal Hearing

The Removal Hearing shall be held in the United States Courthouse in Washington, D.C. The Removal Hearing shall be conducted publicly, except that any part of the argument that refers to evidence received in camera and ex parte, shall be heard in camera and ex parte.

Rule 10: Verbatim Record of Proceedings

All ex parte, in camera, and public hearings of the Court shall be recorded verbatim by a reporter retained pursuant to 28 U.S.C. § 753, by shorthand, mechanical means, electronic sound recording, or any other method, subject to regulations promulgated by the Judicial Conference of the United States.

Rule 11: Motions

(a) Any motion shall include or be accompanied by a statement of the specific points of law and authority that support the motion, including where appropriate a concise statement of facts. If a table of cases is provided, counsel shall place asterisks in the margin to the left of those cases or authorities on which counsel chiefly relies.

(b) Within 15 days of the date of service or at such other time as the assigned judge may direct, an opposing party shall serve and file a memorandum of points and authorities in opposition to the motion. If such a memorandum is not filed within the prescribed time, the judge may treat the motion as uncontested.

(c) Each motion shall be accompanied by a proposed order.

(d) Within 10 days after service of the memorandum in opposition, the moving party may serve and file a reply memorandum.

(e) A memorandum of points and authorities in support of or in opposition to a motion shall not exceed 15 pages and a reply memorandum shall not exceed 10 pages, without prior approval of the assigned judge.

(f) A party may in a motion or opposition request oral argument, but its allowance shall be within the discretion of the assigned judge.

Rule 12: Subpoenas

Except for good cause shown, requests for issuance of a subpoena pursuant to 8 U.S.C. § 1534(d) by either the respondent or applicant, shall be made at least 10 days prior to the date of the removal hearing.

Rule 13: Classified Information

(a) The ex parte and in camera examination of any classified information, pursuant to 8 U.S.C. § 1534(e)(3)(A)-(E), and of the proposed unclassified summary of specific information shall both be conducted on the day of the Interim Hearing unless the assigned judge otherwise directs.

(b) The unclassified summary, following approval by the judge, shall be delivered to the respondent without delay.

(c) When the respondent is a lawful permanent resident alien, who is denied an unclassified summary pursuant to 8 U.S.C. § 1534(e)(3)(F), the judge shall designate a special attorney to assist the respondent by reviewing the classified information.

(d) When the appointed special attorney moves to challenge the veracity of the evidence contained in the classified information pursuant to 8 U.S.C. § 1534(e)(3)(F)(i)(II), the assigned judge shall schedule an in camera proceeding prior to the Removal Hearing to consider the motion.

Rule 14: Removal Hearing Memorandum

Seven days prior to the Removal Hearing, counsel for the applicant and the respondent shall file with the Clerk and serve on each other a Hearing Memorandum setting forth any legal issues to be raised, a summary of the anticipated testimony (exclusive of classified information), and copies of exhibits (exclusive of classified information). The names of individuals involved in the investigation and prospective witnesses need not be included in the material filed with the Court.