AG Garland Gives Immigration Judges Back Authority to Administratively Close Cases
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…
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Immigration Court
EOIR announces new privacy waiver and records release form.
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…
James McHenry to step down as head of EOIR.
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…
District Court Halts Most of EOIR Filing Fee Rule from Going into Effect
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…
Supreme Court Denies Rehearing in United States v. Texas
the U.S. Supreme Court denied without comment the DOJ’s request to rehear United States v. Texas once a ninth Supreme Court justice is confirmed. https://brian-d-lerner-blog.com/tag/immigrationattorney/ https://brian-d-lerner-blog.com/tag/immigrationlawyer/ https://brian-d-lerner-blog.com/tag/best-immigration-lawyer/ https://californiaimmigration.us/our-immigration-law-firm/
Mentally incompetent in Immigration Court?
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…
Immigration Judge harassed you?
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…
The Associated Press
The Associated Press reports that the nation’s already backlogged immigration courts might soon be thrown into more havoc as roughly half of their 220 judges…
Decision on Review of Sua Sponte Reopening
The court held that the Supreme Court decision, Kucana v. Holder, did not change the court’s holding in Ekimian v. INS that there is no sufficiently meaningful…
New York Penal Law §263.05
The court held that New York Penal Law §263.05, use of a child in a sexual performance, is not divisible, and any conviction under it…
Court rejected Petitioner’s argument
The court rejected Petitioner’s argument that the 3-page opinion issued by a single BIA member could only have been appropriately rendered by a 3-member panel,…