• Hours & Info

    (562) 495-0554
    M-F: 8:00am - 6:00 p.m.
    Sat: 9:00 a.m. - 12:00 p.m.
  • Social

  • Past Blog Posts

Immigration judges have said court records are often incorrect or missing.

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.

DOJ Seeks Termination of Immigration Judges Union, Further Undermining Court Independence

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.”

Attorney General Jeff Sessions’ decision in Matter of L‑A‑B‑R‑

AG again issues a decision to take power away from the Immigration Judges in order to try to expedite deportation and removals

BIA Says IJs Cannot Adjudicate Section 212(d)(3)(A)(ii) Waiver by Petitioner for U Status

In a precedent decision issued today, the BIA held that IJs lack the authority to adjudicate a request for a waiver of inadmissibility under INA §212(d)(3)(A)(ii) by a petitioner for U nonimmigrant status. The BIA also concluded that the Seventh Circuit’s decision in L.D.G. v. Holder did not expressly find the language of §212(d)(3)(A) to be unambiguous, which would have left no room for agency discretion. Accordingly, the BIA will apply its ruling in this decision to cases nationwide, including cases arising in the Seventh Circuit.

Court Rejects Pro Se Petitioner’s Argument That He Was Denied Representation by Counsel

The Seventh Circuit denied the petition for review, holding that the petitioner was afforded due process, because the IJ fully complied with the statutory requirement of INA §240(b)(4) by informing the petitioner of his right to obtain counsel, and offered repeatedly to continue the case to allow him to secure representation.

Immigration Judges cannot be bullies

A case just came down with the following ruling:
Matter of Y-S-L-C-, 26 I&N Dec. 688 (BIA 2015)

(1) 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.

(2) Conduct by an Immigration Judge 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 Immigration Judge.

Iranian IJ wins suit

NPR reports that DOJ has agreed to lift an order recusing Los Angeles-based Immigration Judge Ashley Tabaddor from all cases involving Iranian nationals. Last year, Judge Tabaddor sued DOJ, claiming that the order amounted to discrimination and violated her constitutional rights. DOJ also agreed to pay Judge Tabaddor $200,000, and to review its recusal policies.

%d bloggers like this: