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.
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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
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Posted on July 24, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Executive Office for Immigration Review (EOIR) confirmed that the Immigration Judge (IJ) Benchbook has been removed from EOIR’s webpage and is no longer being utilized. According to the agency, use of the IJ Benchbook was discontinued due to challenges in keeping the publication up to date with current case law
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Posted on October 7, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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.
https://cbocalbos.wordpress.com/tag/board-of-immigration-appeals/
https://cbocalbos.wordpress.com/tag/due-process/
https://cbocalbos.wordpress.com/tag/iac/
https://californiaimmigration.us/uscis-may-reopen-h-1b-petitions-denied-under-three-rescinded-policy-memos/
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Posted on December 17, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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.
Immigration judges
23 new immigration judges
Some immigration judges were hired without any Immigration Law experience
The attorney general disciplines the Immigration judges
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