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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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.
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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.
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In a precedent decision issued today, the BIA found that neither the government nor the respondent bears a formal burden of proof in immigration proceedings to establish whether or not the respondent is mentally competent, but where indicia of incompetency are identified, the Immigration Judge (IJ) should determine if a preponderance of the evidence establishes that the respondent is competent. Further, the BIA held that an IJ’s finding of competency is a finding of fact that the BIA can review to determine if it is clearly erroneous.
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In a precedent decision, the Board of Immigration Appeals (BIA) found that Immigration Judges (IJs) must notify asylum applicants of the biometrics requirements, the deadline for complying with the requirements, and the consequences of noncompliance. The BIA also held that neither IJs nor the BIA has jurisdiction to consider whether asylum-only proceedings were improvidently instituted pursuant to a referral under the Visa Waiver Program.
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The Ninth Circuit vacated the defendant’s conviction for illegal reentry, holding that the defendant’s due process rights were violated when the Immigration Judge (IJ) failed to advise the defendant during his 1999 removal proceeding about the availability of potential discretionary relief under INA §212(c). The court remanded for consideration of whether the defendant was prejudiced by the deprivation of his due process rights.
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Filed under: Human Rights Watch (HRW) | Tagged: 212(c), Due Process, Illegal Reentry, Immigration Judge, motion to reopen, violation of due process | Leave a comment »
House Minority Leader Nancy Pelosi said she spoke with House Speaker John Boehner about the Republican immigration principles, and she believes they are a “good faith effort to find common ground” among Republicans and Democrats.
Constitutionality of immigration reform
Immigration reform update gives hope to millions even with criminal history
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The court held that an IJ can find that a noncitizen filed a frivolous asylum application even when the noncitizen has withdrawn her application, but also held that an IJ retains discretion to decline to make a “frivolousness finding.”
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