Posted on November 3, 2021 by sethlerner1964
Posted on November 3, 2021 by sethlerner1964
Posted on July 28, 2021 by sethlerner1964
Attorney General (AG) Garland ruled that, while rulemaking proceeds and except when a court of appeals has held otherwise, immigration judges and the BIA should apply the standard for administrative closure set out in Avetisyan and W—Y—U—. AILA Executive Director Ben Johnson welcomed “this return to a more effective and efficient immigration court system,” but also noted that “the necessity of this decision only underscores the need for a truly independent immigration court system.”
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Filed under: Case Denied, immigration and customs enforcement, immigration appeals, Immigration Attorney, Immigration Bill, immigration case, Immigration Court, Immigration Judges | Tagged: administrative closure, ag garland, Immigration Judges | Leave a comment »
Posted on July 1, 2021 by sethlerner1964
The Fourth Circuit ruled that immigration judges have a legal duty to fully develop the record in cases before them, adding that this mandate is particularly important for immigrants appearing in their court without an attorney. The court noted that the INA’s mandate that immigration judges “administer oaths, receive evidence, interrogate, examine and cross-examine” noncitizens amounts to a statutory obligation to develop the record. The decision – now precedent in the Fourth Circuit – joins several other circuits that also held that immigration judges have the legal duty to fully develop the record. While other courts have read the INA as also mandating this duty, there is still a circuit spilt among the appellate courts for when this duty comes into play.
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Filed under: 23 new Immigration Judges, Biden Administration | Tagged: fourth circuit, Immigration Judges | Leave a comment »
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.
Filed under: best deportation attorney | Tagged: DOJ, Immigration Court, Immigration Judges, union | Leave a comment »
Posted on August 20, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Last Friday, DOJ petitioned the Federal Labor Relations Authority (FLRA) in an effort to strip immigration judges of their right to be represented by a union. AILA Executive Director Benjamin Johnson called the petition “an effort to suppress the voices of immigration judges, who have denounced DOJ efforts to strip their authority.” House Judiciary Committee Chair Jerrold Nadler (D-NY) and Subcommittee on Immigration and Citizenship Chair Zoe Lofgren (D-CA) criticized the administration’s move to decertify the National Association of Immigration Judges, announcing plans to hold hearings to “develop a foundation for legislation to create an independent immigration court.”
Filed under: best deportation attorney | Tagged: department of justice, DOJ, IJ, Immigration Judges | Leave a comment »
Posted on September 11, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Matter of L‑A‑B‑R‑, which outlined when immigration judges (IJs) may grant continuances; Matter of Castro‑Tum, which limited IJs authority toadministratively close a case; and Matter of A‑B‑, which narrowed the criteria for demonstrating membership in a particular social group.
Sessions is trying to turn the Immigration Courts into puppet institutions that just deport people without regard to real representation.
Filed under: best deportation attorney | Tagged: Due Process, Immigration Court, Immigration Judges, Sessions | Leave a comment »
Posted on July 23, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
EOIR is once again including the names of immigration judges on its automated case status hotline, reversing course following complaints over the names being removed from the system in March 2018.
Filed under: best deportation attorney | Tagged: EOIR, hotline, Immigration Judges | Leave a comment »
Posted on May 16, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Top Senate and House Democrats sent a letter to DOJ’s Inspector General, requesting an investigation into allegations that DOJ has targeted candidates and delayed job offers for immigration judge (IJ) and BIA positions based on the candidates’ perceived political or ideological views.
Filed under: best deportation attorney | Tagged: DOJ, Immigration Judges, inspector general | Leave a comment »
Posted on November 3, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 