Posted on July 1, 2021 by sethlerner1964
The Ninth Circuit held that immigration judges can reopen the cases of immigrants who have been removed from the U.S. or who voluntarily left. In its decision, the panel sided with a Mexican native who was removed in 1995 and asked an immigration judge to reopen his case sua sponte after he returned to the U.S. so he could apply for adjustment of status. The judge refused – and the BIA agreed – finding that a judge is blocked from taking sua sponte action because the migrant had left the country. However, the panel said that the departure bar does not apply to a sua sponte reopening of a case, but only limits motions to reopen. The panel has now joined a Circuit split on the issue, siding with the Tenth Circuit, and differing from the Second, Third, and Fifth Circuits.
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Filed under: alien, immigrants, immigration appeals, immigration applications, Immigration Attorney, immigration case | Tagged: Deported Cases, Immigration Judge, ninth circuit | Leave a comment »
Posted on May 13, 2021 by sethlerner1964
EOIR announced 17 new immigration judges, including one assistant chief immigration judge and six unit chief immigration judges. The notice provides the judges’ names, courts of appointment, and biographical information. EOIR will be hosting a virtual outreach session on May 19 to provide updates on the agency’s latest initiatives and the operating status of the courts. Additionally, EOIR will host virtual information sessions on May 13 and 27 in advance of the ECAS launch at the Boston, Dallas, Ft. Snelling, Newark, and Phoenix immigration courts.
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Posted on August 7, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
n August 2019, DOJ petitioned the Federal Labor Relations Authority (FLRA) to strip immigration judges of their right to unionize, claiming that the National Association of Immigration Judges (NAIJ) is no longer a valid union. On Friday, July 31, 2020, the FLRA issued a decision rejecting DOJ’s petition to decertify NAIJ.
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Posted on February 20, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
During the recent hearing in the House Subcommittee on Immigration and Citizenship, Congresswoman Sheila Jackson Lee of Texas pointed out that the Executive Office for Immigration Review (EOIR) has been hiring immigration judges with no immigration experience. The immigration judge vacancy announcement does not list any immigration law experience as a requirement for the position. Out of 28 judges who were recently sworn in, 11 had no immigration law experience.
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Posted on February 20, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
4 border aid activists were arrested and convicted after they left food and water in the desert that served as a wildlife refuge for undocumented immigrants. The 4 women faced up to 6 months in prison and a $500 fine. Last week, a U.S. District Judge overturned their convictions, ruling that the government was restricting the women’s religious beliefs when it arrested them for providing aid.
Filed under: best deportation attorney | Tagged: arizona district judge, illegal alien, Immigration Judge | Leave a comment »
Posted on December 29, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
CNN reports that over the past year, nearly double the number of immigration judges left their positions in comparison with fiscal years 2018 and 2017. While the reasons for individual judges moving on from their posts vary, interviews with judges who left in recent months reveal a common theme of frustration over a mounting number of policy changes that, they argue, have chipped away at their authority.
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Posted on December 10, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
More judges will conduct asylum hearings via teleconferencing. The newest expansion has judges assigned to an adjudication center in Fort Worth, Texas. Like the tent facilities, this is closed to the public, making lawyers concerned about the transparency of the process. Access to the tent courts is closed generally, but CBP stated that it will be “assessed on a case-by-case basis when operationally feasible.”
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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.
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Posted on January 7, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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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Posted on August 28, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
AG again issues a decision to take power away from the Immigration Judges in order to try to expedite deportation and removals
Filed under: best deportation attorney | Tagged: ag, attorney general sessions, IJ, Immigration Judge, motions to continue, Sessions | Leave a comment »
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