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 January 14, 2021 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Arizona Republic reports that immigration lawyers are upset over a recent decision that forces a return to appear in person for hearings at the Eloy Immigration Court in Eloy, Arizona, amid a rising number of COVID-19 cases in Arizona. The development comes as nearly two dozen immigration courts across the country have had to close in recent weeks after possible exposure to COVID-19, including the immigration courts in Tucson and Phoenix, Arizona. AILA Arizona Chapter Chair Olivia Porter says that, at Eloy, “the courtrooms are very small and very confined,” which makes it “impossible to maintain six feet between every single person who is going to be in that room at the same time.”
Filed under: covid 19, Uncategorized | Tagged: arizona immigration court, covid 19, covid 198, eloy immigration court, EOIR, Immigration Court | Leave a comment »
Posted on December 2, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a highly unusual move, EOIR is requiring some immigrants facing deportation to file to stay in the U.S. in a matter of weeks. Normally, immigrants facing deportation have a chance to make their case in court. However, immigration attorneys have noticed many orders requesting that their clients file applications requesting relief from deportation within around five to six weeks. If the deadline is not met, a judge could issue a removal order, meaning they would be subject to deportation at any time. This particularly affects migrant children. Migrants and their attorneys claim to now be “without adequate time” to file for legal relief.
Filed under: best deportation attorney | Tagged: EOIR, Immigration Court, stay of removal | Leave a comment »
Posted on April 27, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The National Association of Immigration Judges (NAIJ) submitted a motion to file an amicus brief in NIPNLG, et. al. v. EOIR, et. al., a case filed by AILA, the Immigration Justice Campaign, the National Immigration Project of the National Lawyers Guild (NIPNLG), and several detained individuals challenging EOIR’s operation of in-person immigration court hearings and ICE’s conditions of confinement during the COVID-19 pandemic. Law360 reports that, according to the NAIJ, more than half of the immigration courts nationwide have so far reported contact with confirmed COVID-19 patients or contact with individuals experiencing COVID-19 symptoms. Plaintiffs also submitted a supplemental brief in support of their emergency motion for a temporary restraining order in the case.
Filed under: best deportation attorney | Tagged: corona virus, covid, covid 19, EOIR, Immigration Court | Leave a comment »
Posted on November 13, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Last week, Syracuse University published findings that millions of records are missing from public reports, and that the objective data does not match DOJ reports. These inconsistencies include incorrectly formatted documents leading to unreadable data and millions of records disappearing between the EOIR’s own record releases. The immigration judges union supported the university’s claims, saying that the records do conflict with their experiences.
Filed under: best deportation attorney | Tagged: EOIR, IJ, Immigration Court, Immigration Judge | Leave a comment »
Posted on November 29, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
EOIR supplemented its January 17, 2018, memo, Case Priorities and Immigration Court Performance Measures by announcing the tracking and expedition of “family unit” cases at ten immigration court locations. EOIR further supplemented the January memo by heightening the bar for overcoming a 180-day adjudication window, stating that for an immigration judge to grant a continuance resulting in an asylum case taking longer than 180 days to adjudicate, a respondent must satisfy the good-cause standard and show exceptional circumstances.
Filed under: best deportation attorney | Tagged: asylum, continuance, Due Process, EOIR, good cause, Immigration Court | Leave a comment »
Posted on July 23, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
EOIR is once again including the names of immigration judges on its automated case status hotline, reversing course following complaints over the names being removed from the system in March 2018.
Filed under: best deportation attorney | Tagged: EOIR, hotline, Immigration Judges | Leave a comment »
Posted on October 23, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The National Association of Immigration Judges (NAIJ) stated that it opposes EOIR’s plan to evaluate immigration judges (IJs) using numerical measures such as performance quotas, stating that “If EOIR is successful in tying case completion quotas to judge performance evaluations, it could be the death knell for judicial independence in the Immigration Courts.” NAIJ also submitted a statement to the Senate Judiciary Committee Oversight Hearing on the DOJ urging Congress to exempt IJs from performance reviews, noting Administrative Law Judges are already exempt because quotas are “antithetical to judicial independence.” Another attempt by Trump to limit constitutional rights of immigrants
Filed under: best deportation attorney | Tagged: Deportation, eimmigration court, EOIR, trump | Leave a comment »
Posted on August 4, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a memorandum dated July 31, 2017, Chief Immigration Judge MaryBeth Keller reminds Immigration Judges that in all situations in which a continuance is granted at a hearing, they must make the reason(s) for the adjournment clear on the record by stating the reasons orally or by setting forth in writing the reason(s) in an order. Further, the memo states that “it is critically important that Immigration Judges use continuances appropriately and only where warranted for good cause or by authority established by case law.”
Thus, continuances are harder to obtain now in Immigration Court
Filed under: best deportation attorney | Tagged: Continuances, EOIR, Immigration Court | Leave a comment »
Posted on December 2, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
ICE provided FAQs on an agreement between USCIS and ICE that establishes a process for updating fingerprint checks on non-detained respondents with cases pending before EOIR whose fingerprints have been taken, but whose fingerprint checks will expire prior to a final decision by EOIR (i.e., the checks are more than 15 months old).
Filed under: fingerprint | Tagged: EOIR, fingerprint, fingerprint requirements, fingerprints, ICE, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer | Leave a comment »
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