How to Request Your Immigration Court Record of Proceeding from EOIR

Review the primary official source.

Updated September 20, 2026. Verify the current agency form, notice, and instructions before acting.

An immigration court case file is called the Record of Proceeding, or ROP. It may contain the Notice to Appear, exhibits, applications, hearing notices, motions, orders, and a digital audio recording of a hearing. EOIR now provides direct ROP and audio access in defined circumstances that are different from a Freedom of Information Act request. The correct path depends on whether the case is pending before an immigration court or the Board of Immigration Appeals, whether the record is electronic, and who is asking.

Identify the tribunal, case status, and exact record needed

Start with the person’s full name, A-number, immigration court or BIA location, last hearing date, next hearing date, and whether an appeal is pending. Use the official EOIR case-information system as a check, but rely on filed notices and orders for legal deadlines. A case may have moved from a local court to the BIA or returned on remand, so send the request to the location that currently maintains the proceeding.

Define the request. A complete ROP differs from a particular order, filing, exhibit, or digital audio recording. If a motion or appeal turns on what happened at a hearing, request the audio as well as the written file. If only one document is missing, a targeted request may be faster to review once received, but it should not omit material needed for the legal issue.

Use Respondent Access for an available electronic record

EOIR’s current Respondent Access Portal can allow eligible unrepresented respondents to see case information, file documents, and request an electronic ROP download. EOIR states that a requested eROP download can become available through the portal, while paper-only records require the separate ROP process. Save portal confirmations, download notices, and the complete file exactly as received.

A representative uses the attorney or accredited-representative ECAS tools and must have the proper appearance form on file. EOIR states that an attorney requesting an immigration-court ROP generally needs Form EOIR-28 on file, while a BIA matter uses Form EOIR-27. A family member is not automatically entitled to receive another adult’s court file merely because of the relationship.

Make a direct ROP and audio request when EOIR permits it

EOIR’s ROP page identifies respondents, attorneys of record, parents or guardians of children in proceedings, and DHS representatives as categories that may request the record directly from the court or BIA in the situations described. EOIR permits requests by the accepted methods for the responsible location and identifies Form EOIR-59 or DOJ-361 as ways to provide the information needed to process the request.

Follow the current ROP page rather than copying an old email or address from a prior filing. Include identifying information accurately, specify ROP and audio or DAR if needed, establish the requester’s relationship to the case, and preserve proof of submission. Do not send original identity documents unless current instructions require them.

Know when FOIA remains the correct route

EOIR distinguishes direct ROP access from FOIA. Nonparties generally must use FOIA, and EOIR identifies additional situations in which a closed or older record or an authorized third-party request proceeds through its FOIA service. DHS agencies such as USCIS and ICE maintain different records, so an EOIR ROP request does not necessarily produce the complete A-file or detention record.

If records from several components matter, map the requested document to its likely custodian. A court pleading may be in the EOIR ROP; an application receipt or adjudication record may be with USCIS; an arrest, custody, supervision, or removal document may be with ICE. Submit separate, accurate requests rather than assuming one agency will assemble the entire history.

Protect hearings, appeals, and motions while the request is pending

A record request does not stay removal, continue a hearing, reopen a case, or extend an appeal or motion deadline. Continue monitoring the docket and use the current filing rules if an interim request for time or other relief is necessary. Our EOIR address and hearing-notice guide explains the separate address and status tasks.

When the file arrives, preserve the original download and build an indexed working copy. Compare the NTA, service records, address forms, hearing notices, applications, exhibits, transcript or audio, oral rulings, written order, and appeal history. The EOIR-26 appeal guide and motion-to-reopen comparison address different procedural steps. For representation, review the firm’s California deportation-defense practice.

What this means: practical action checklist

• Confirm the current tribunal, A-number, and whether the matter is pending, on appeal, remanded, or closed.
• Decide whether you need the complete ROP, selected documents, the hearing audio, or records from a different DHS component.
• Use Respondent Access or representative ECAS tools when eligible; otherwise follow EOIR’s current direct ROP instructions.
• Use FOIA when the requester or record falls outside direct ROP access and preserve every confirmation.
• Track all hearings, appeal periods, and motion deadlines independently of the record request.