Posted on November 3, 2021 by sethlerner1964
The Supreme Court agreed to take up the government’s appeal of a ruling that allowed undocumented immigrants to seek release on bond after six months in custody while challenging their deportations. In April 2020, the Ninth Circuit ruled that bond hearings were required for immigrants who had been arrested after entering the U.S. and who credibly claimed that they would face persecution or torture. Lawyers say the ruling could apply to thousands in ICE custody. However, DHS filed an appeal claiming that the six-month hearings could encourage fleeing after release. Although the appeal was filed by the Trump administration, the Biden administration has not withdrawn the suit and will argue the case next year.
https://www.ice.gov/sites/default/files/documents/Document/2017/i352.pdf
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Filed under: 23 new Immigration Judges, bond, Bonded out | Tagged: bond, immigration detention | Leave a comment »
Posted on November 3, 2021 by sethlerner1964
Posted on July 1, 2021 by sethlerner1964
The Fourth Circuit ruled that immigration judges have a legal duty to fully develop the record in cases before them, adding that this mandate is particularly important for immigrants appearing in their court without an attorney. The court noted that the INA’s mandate that immigration judges “administer oaths, receive evidence, interrogate, examine and cross-examine” noncitizens amounts to a statutory obligation to develop the record. The decision – now precedent in the Fourth Circuit – joins several other circuits that also held that immigration judges have the legal duty to fully develop the record. While other courts have read the INA as also mandating this duty, there is still a circuit spilt among the appellate courts for when this duty comes into play.
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https://www.uscis.gov/
Filed under: 23 new Immigration Judges, Biden Administration | Tagged: fourth circuit, Immigration Judges | Leave a comment »
Posted on November 18, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
EOIR press release on and biographies of 23 new immigration judges for courts in California, Colorado, Florida, Georgia, Hawaii, Illinois, Louisiana, North Carolina, New Jersey, New York, Oregon and Texas.
33.767524
-118.189993
Filed under: 23 new Immigration Judges, EOIR, Immigration Attorney, Immigration Lawyer, USCIS | Tagged: 23 new Immigration Judges, Brian D. Lerner, EOIR, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner | Leave a comment »
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 