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Confusion, Delays as Videos Replace Interpreters at Immigrants’ Hearings

EOIR has begun replacing interpreters at master calendar hearings with prerecorded video advisals. The videos have been rolled out in San Francisco, Los Angeles, Miami, and New York. The San Francisco Chronicle obtained transcripts of the separate videos that are played for immigrants who are in detention and not in detention, as well as a frequently asked questions handout they receive.

Another win for the Law Offices of Brian D. Lerner

Lawful Permanent Resident granted stand-alone 212(h) waiver after 10 years in Immigration Court.  Client was placed in removal proceedings after returning to the U.S. from a trip abroad because of several California theft convictions.  Client also had previous theft/fraud convictions and an order of deportation.

Court Remands for BIA to Explain Why It Did Not Apply Sanchez-Sosa Factors to Remand Request

The Eighth Circuit remanded for the BIA to explain why it denied the petitioner’s motion to reopen and reconsider after the petitioner had provided proof of his filing of a U visa application, when Matter of Sanchez-Sosa suggests that a completed application weighs in favor of pausing the removal process to await adjudication of the U visa.

Trump’s New Attorney General Launches Fresh Changes to Immigration Courts

The San Francisco Chronicle reports DOJ plans to issue rule changes that would make it easier for a handful of appellate immigration judges to declare their rulings binding on the entire immigration system. The changes could also expand the use of single-judge, cursory decisions at the appellate level.

Trump Plan Fails to Cut Immigration Court Backlog, as Caseload Soars More than 26 Percent

The Los Angeles Times reports that the administration’s controversial plan to shrink the ballooning backlog of immigration cases by pushing judges to hear more cases has failed

DHS Releases Information on Returning Certain Foreign Nationals to Mexico During Immigration Proceedings

DHS released information about the Migrant Protection Protocols it has begun implementing at the U.S.-Mexico border, whereby certain foreign nationals entering from Mexico may be returned to wait outside the United States for the duration of their immigration proceedings

Government Shutdown Closes Immigration Courts Adding to Record-High 800,000 Case Backlog

CBS News reports that the partial federal government shutdown has closed most immigration courts. AILA Associate Director of Government Relations Kate Voigt said, “Holding the government hostage for a border wall isn’t going to do anything to make the country safer, but it will make the immigration courts worse.” The Washington PostEditorial Board noted the irony of “a president who conjures migrant no-shows in courts manag[ing] to close the courts entirely.

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