What is proof of service in immigration court?
Last reviewed: August 31, 2026
High-volatility procedure. Follow the current EOIR service rules and any case-specific instructions.
A Proof of Service, also called a Certificate of Service, is the written declaration showing that a copy of a filing was provided to the opposing party as required. For a respondent in immigration proceedings, the opposing party is generally DHS—not the Immigration Judge or the immigration court itself.
EOIR's current rules generally require Proof of Service with filings, subject to limited exceptions such as certain documents served during a hearing or jointly filed motions. The proof should identify the party served, the precise address, the date of service, the method of service, the document or documents served, and the name and signature of the person who served them.
Service can be accomplished by authorized methods described by EOIR, including electronic service, hand delivery, U.S. mail, or commercial courier. The actual service date and method should be recorded accurately.
When both parties participate in ECAS and service is completed through ECAS, EOIR provides specific wording for the Proof of Service. Check the current manual instead of copying an old template blindly.
Keep a copy of the signed Proof of Service together with the filed package and any mailing, courier, or electronic confirmation. See also What counts as proof that immigration court received my I-589?. Proof of service on DHS and proof that the court received a filing are related but different records.
Official sources
- DOJ EOIR — Service on the Opposing Party: https://www.justice.gov/eoir/policy-manual-eoir/part-II/icpm/chapter-2-2
- DOJ EOIR — Certificate of Service: https://www.justice.gov/eoir/policy-manual-eoir/part-VII/appendices/e