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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Posted on January 24, 2021 by sethlerner1964
Politico features an article about a recently released report by the DOJ Office of Inspector General that found that then-Attorney General Jeff Sessions and top DOJ officials moved forward with a “zero tolerance” immigration policy in 2018, aware that it would forcibly split up families, and were unprepared for the impact. Sessions’s office was a “driving force” in pushing DHS to begin referring adults who entered the United States without authorization with children to be prosecuted by DOJ.
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Filed under: Immigration Policy | Tagged: department of justice, DOJ, separation of children, Sessions, zero tolerance | 1 Comment »
Posted on December 23, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
the DOJ finalized substantial changes to the process for immigration appeals. The rule will limit the ability of immigration appellate judges to hear cases on their own accord, impose a time limit on appeals, and create a mechanism for lower immigration judges to seek reversal of appellate judges at the BIA by petitioning a political DOJ appointee – mainly, the director of EOIR. Immigration attorneys will also have a harder time preparing responses to the government because opposing briefs will largely have to be filed at the same time, upending the traditional motion-and-reply structure.
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Posted on August 20, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Last Friday, DOJ petitioned the Federal Labor Relations Authority (FLRA) in an effort to strip immigration judges of their right to be represented by a union. AILA Executive Director Benjamin Johnson called the petition “an effort to suppress the voices of immigration judges, who have denounced DOJ efforts to strip their authority.” House Judiciary Committee Chair Jerrold Nadler (D-NY) and Subcommittee on Immigration and Citizenship Chair Zoe Lofgren (D-CA) criticized the administration’s move to decertify the National Association of Immigration Judges, announcing plans to hold hearings to “develop a foundation for legislation to create an independent immigration court.”
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Posted on June 12, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Attorney General Jeff Sessions announced that DOJ is allocating 311 new Assistant United States Attorneys to assist in priority areas, including 35 additional immigration prosecutors. This is the largest increase of new Assistant U.S. Attorneys in decades.1:02 AM
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Posted on January 31, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DOJ announced that it sent letters to 23 cities, counties, and states as part of a review of 8 U.S.C. 1373 compliance, demanding the production of documents that could show whether each jurisdiction is restricting information sharing with federal immigration authorities. The letter states that recipient jurisdictions that fail to respond will be subject to a DOJ subpoena.
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Posted on April 2, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Matter of CALCANO DE MILLAN, 26 I&N Dec. 904 (BIA 2017)
For purposes of the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, 120 Stat. 587, and section 204(a)(1)(A)(viii)(I) of the Immigration and Nationality Act, 8 U.S.C. § 1154(a)(1)(A)(viii)(I) (2012), a United States citizen or lawful permanent resident petitioner has been “convicted” of an offense where either a formal judgment of guilt has been entered by a court or, if adjudication of guilt has been withheld, where (1) a plea, finding, or admission of facts established the petitioner’s guilt and (2) a judge ordered some form of punishment, penalty, or restraint on his or her liberty.
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Posted on April 2, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
For purposes of the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, 120 Stat. 587, and section 204(a)(1)(A)(viii)(I) of the Immigration and Nationality Act, 8 U.S.C. § 1154(a)(1)(A)(viii)(I) (2012), a United States citizen or lawful permanent resident petitioner has been “convicted” of an offense where either a formal judgment of guilt has been entered by a court or, if adjudication of guilt has been withheld, where (1) a plea, finding, or admission of facts established the petitioner’s guilt and (2) a judge ordered some form of punishment, penalty, or restraint on his or her liberty.
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