Posted on July 28, 2021 by sethlerner1964
Attorney General (AG) Garland ruled that, while rulemaking proceeds and except when a court of appeals has held otherwise, immigration judges and the BIA should apply the standard for administrative closure set out in Avetisyan and W—Y—U—. AILA Executive Director Ben Johnson welcomed “this return to a more effective and efficient immigration court system,” but also noted that “the necessity of this decision only underscores the need for a truly independent immigration court system.”
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Filed under: Case Denied, immigration and customs enforcement, immigration appeals, Immigration Attorney, Immigration Bill, immigration case, Immigration Court, Immigration Judges | Tagged: administrative closure, ag garland, Immigration Judges | Leave a comment »
Posted on April 5, 2021 by sethlerner1964
EOIR announced the released of Form EOIR-59, Certification and Release of Records. The form enables current and former respondents who have or had business before EOIR to request or authorize the disclosure of their information, including information retained in case files or a Record of Proceeding, to themselves, an attorney, accredited representative, qualified organization, or other third party. EOIR will continue to accept Form DOJ-361, Certification of Identity.
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Filed under: Immigration Court | Tagged: copy of immigration court, EOIR, EOIR-59, Immigration Court | Leave a comment »
Posted on February 12, 2021 by sethlerner1964
James McHenry, a Trump appointee, announced via memo that he will step down from his position as head of EOIR effective Sunday, Jan 31. First appointed in May 2017, McHenry started leading on a permanent basis in January 2018. His tenure allowed him to play a key role in restricting immigration judges’ ability to grant asylum, as well as their discretion to close cases and suspend deportation proceedings for certain immigrants. His office also joined DHS in issuing several rules that narrowed asylum eligibility. McHenry will remain at the DOJ as the chief administrative hearing officer. Jean King, who currently serves as the chief administrative law judge, will take his place as the head of the immigration court system on Sunday.
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Filed under: Immigration Court | Tagged: department of justice, DOJ, eior, Immigration Court | Leave a comment »
Posted on January 24, 2021 by sethlerner1964
A district court judge issued a nationwide stay of the effective date of the December 18, 2020, EOIR final fee rule and a preliminary injunction to enjoin most of its implementation. The rule was set to go into effect today, January 19, 2021. Accordingly, fees will stay the same for BIA appeals from IJ decision (EOIR-26), BIA appeals from decision of DHS officer (EOIR-29), BIA motions to reopen, applications for LPR cancellation (EOIR-42A), applications for non-LPR cancellation (EOIR-42B), and applications for suspension of deportation (EOIR-40). The court did not enjoin the fee for immigration court motions to reopen, attorney disciplinary appeals, or the $50 asylum fee, the latter of which is currently enjoined nationwide by two other courts.
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Filed under: Immigration Court | Tagged: court ruling, district court, EOIR, filing fees, usdc | Leave a comment »
Posted on October 21, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision issued today, the BIA found that neither the government nor the respondent bears a formal burden of proof in immigration proceedings to establish whether or not the respondent is mentally competent, but where indicia of incompetency are identified, the Immigration Judge (IJ) should determine if a preponderance of the evidence establishes that the respondent is competent. Further, the BIA held that an IJ’s finding of competency is a finding of fact that the BIA can review to determine if it is clearly erroneous.
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Filed under: Immigration Court | Tagged: BIA, board of immigration appeals, IJ, Immigration Judge, mentally incompetent, reversal | Leave a comment »
Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
- In a published decision the BIA remanded the record to the immigration court for a new hearing before a different Immigration Judge (IJ), finding that conduct by an IJ that can be perceived as bullying or hostile is never appropriate, particularly in cases involving minor respondents, and may result in remand to a different IJ. The BIA also held that the requirements of the Federal Rules of Evidence with respect to the admission of expert testimony are inapposite to a respondent’s testimony regarding events of which he or she has personal knowledge.
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Posted on August 24, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Executive Office for Immigration Review (EOIR) issued a security directive prohibiting use by the public of electronic devices, including cell phones, cameras, laptops, tablets, and MP3 players, in EOIR space, encompassing courtrooms, entrances/exits, corridors, conference rooms, and waiting areas. Attorneys or representatives of record, active members of a State Bar, and DHS attorneys representing the government in proceedings before the EOIR are permitted to use electronic devices in EOIR space for the limited purpose of conducting relevant court or business activities.
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Filed under: Immigration Court | Tagged: cell phone, district court, electronic devices, EOIR, Immigration, Immigration Attorney, Immigration Court, Immigration Lawyer, Supreme Court, us district court, US Supreme Court | Leave a comment »
Posted on January 13, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on January 31, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS announces that it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year 2011 since the filing window opened on April 1 last year.
33.767524
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