Posted on April 22, 2021 by sethlerner1964
EOIR issued a policy memo rescinding and cancelling Policy Memo 20-01, Case Processing at the Board of Immigration Appeals. Policy Memo 20-01 originally provided guidance on the case management system for appellate adjudications by the BIA and set internal deadlines for all phases of the pre-adjudicatory process at the BIA, including for case processing prior to completion of the appellate record. Now, upon this rescission, the BIA returns to the case management system established by regulation that was effective on September 25, 2002, to manage the Board’s caseload.
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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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Posted on March 25, 2021 by sethlerner1964
Posted on February 19, 2021 by sethlerner1964
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 17, 2021 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Our national deportation law firm will help with any removal case anywhere in the U.S. Our deportation attorneys have been providing deportation defense for nearly 30 years. Our immigration attorneys will appear with you in all immigration court appearances. Of course this will include the initial or master calendar hearing.
Laws and regulations are changing all the time. Winning a deportation hearing takes years of experience. There are multiple grounds on what makes you removable from the U.S. If you are in immigration detention, our national immigration law firm can prepare and argue a motion for bond redetermination to get you out. We can also argue and submit during trial all the necessary evidence to try to win a cancellation of removal case. Even if you lose in immigration court, we can try to appeal the case to the board of immigration appeals.
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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.”
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Posted on December 2, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
A Nov. 2 agency decision ruled that immigration judges are “management officials” who cannot unionize. This ruling dismantling the immigration judges’ union has left judges more vulnerable to political influences. However, with numerous priorities competing in D.C., proponents still face slim odds in the fight to establish an independent immigration court system. Those in favor of establishing an independent immigration court system say the decision threatens judicial fairness and ignores the problems with housing a court system in the DOJ.
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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.
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Posted on September 3, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The BIA ruled that after an immigration judge has set a deadline for filing relief, the respondent’s opportunity to file the application may be deemed waived, prior to a scheduled hearing, if the deadline passes without submission of the application and no good cause for noncompliance has been shown. The BIA also ruled that, although the respondent was detained, appeared pro se, and used a Spanish interpreter at his video conference hearing, none of these factors, standing alone or taken together, constitute a denial of due process.
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