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(New 12/1/09)

(a) The Court encourages the parties in Ninth Circuit agency cases to engage in mediation. To that end, except as provided in section (b) below, within 5 days of the docketing of the petition for review, the petitioner(s) shall, and the respondent(s) may, complete and submit Form 7, the Ninth Circuit Mediation Questionnaire. The Clerk shall transmit the Mediation Questionnaire to counsel with the time scheduling order. Counsel shall return it according to the instructions contained in the Mediation Questionnaire. The sole purpose of the Mediation Questionnaire is to provide information about new petitions to the Court’s Mediation Office. (Rev. 12/1/24)

Petitioner’s failure to comply with this rule may result in dismissal of the petition in accordance with Circuit Rule 42-1.

(b) The requirement for filing a Mediation Questionnaire shall not apply to:

(1) a petition in which the petitioner is proceeding without the assistance of counsel; and

(2) a petition for review of an order of the Board of Immigration Appeals.

Notes

Circuit Advisory Committee Note to Rule 15-2

(New 12/1/09)

Although petitioners challenging Board of Immigration Appeals orders are exempt from the requirement to file Mediation Questionnaires, the parties in these cases are invited to contact the Court Mediation Unit when there is potential for mediation. Petitioners will normally be required to demonstrate eligibility for any requested relief. When making a request for mediation based on applications or circumstances that are not documented in the administrative record, petitioners shall provide supporting documents to the mediators.