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News Excerpts From the July 1, 2014, Bender’s Immigration Bulletin

Supreme Court Decides CSPA Case | On June 9, 2014, the Supreme Court issued its opinion in Scialabba v. Cuellar de Osorio , 2014 U.S. LEXIS 3991 [ enhanced opinion available to lexis.com subscribers ]. The Court held that the BIA’s textually reasonable construction of the Child Status Protection...

News Excerpts From the July 15, 2014, Bender’s Immigration Bulletin

Administration Seeks More Special Immigrant Visas for Afghan Nationals | The Obama administration is urging Congress to expand the number of special immigrant visas available to Afghan nationals who assisted the U.S. government and to do so before the end of the summer. Under the Afghan Allies Protection...

EOIR: Put Kids At Top Of Immigration Court Docket

"As part of the administration’s efforts to deter the current surge of illegal Central American migrants, the nation’s immigration courts will make a major shift in priorities to place unaccompanied minors and families with children first in line to go before immigration judges, Justice...

Advance Copy of EOIR Interim Rule: Designation of Temporary Immigration Judges

"This rule amends the Executive Office for Immigration Review (EOIR) regulations relating to the organization of the Office of the Chief Immigration Judge (OCIJ) to allow the Director of EOIR to designate or select, with the approval of the Attorney General, temporary immigration judges." ...

EOIR Interim Rule: Designation of Temporary Immigration Judges

"This rule amends the Executive Office for Immigration Review (EOIR) regulations relating to the organization of the Office of the Chief Immigration Judge (OCIJ) to allow the Director of EOIR to designate or select, with the approval of the Attorney General, temporary immigration judges. ... This...

Immigration Judges Want to Break Free from the Justice Department

"This summer’s influx of Central American children across the U.S. Southwest border has not only created a record backlog in immigration courts, it has thrown into relief a need to sever those courts from supervision by the Justice and Homeland Security departments. That’s the view of...

EOIR Announces Change to Immigration Judges Hearing Cases Out of Artesia

"The Executive Office for Immigration Review (EOIR) today announced that, effective September 29, 2014, it will assign immigration cases originating at the Artesia, N.M., hearing location to immigration judges at the Denver Immigration Court in Denver rather than immigration judges at the Headquarters...

Advance Copy of EOIR Proposed Rule: Separate Representation for Custody and Bond Proceedings

"This document proposes to amend the Executive Office for Immigration Review (EOIR) regulations relating to the representation of aliens in custody and bond proceedings. Specifically, this rulemaking proposes to allow a representative before EOIR to enter an appearance in custody and bond proceedings...

Advance Copy of EOIR Proposed Rule: List of Pro Bono Legal Service Providers

"This rule proposes to amend 8 CFR parts 1003, 1240, and 1241 by changing the name of the “List of Free Legal Services Providers” to the “List of Pro Bono Legal Service Providers.” The rule also would enhance the eligibility requirements for organizations, private attorneys...

EOIR Proposed Rule: Separate Representation for Custody and Bond Proceedings

"This document proposes to amend the Executive Office for Immigration Review (EOIR) regulations relating to the representation of aliens in custody and bond proceedings. Specifically, this rulemaking proposes to allow a representative before EOIR to enter an appearance in custody and bond proceedings...

EOIR Proposed Rule: List of Pro Bono Legal Service Providers in Immigration Proceedings

"This rule proposes to amend 8 CFR parts 1003, 1240, and 1241 by changing the name of the ‘‘List of Free Legal Services Providers’’ to the ‘‘List of Pro Bono Legal Service Providers.’’ The rule also would enhance the eligibility requirements for organizations...

News Excerpts From the Oct. 1, 2014, Bender’s Immigration Bulletin

California Housing and Employment Department Issues New Guidelines on U Visas | On September 10, 2014, the California Department of Fair Employment and Housing issued a directive expanding the grounds for which it will provide certifications to noncitizens seeking U nonimmigrant status. The Department...

EOIR Expands Legal Orientation Program Sites

"The Executive Office for Immigration Review (EOIR) today announced that, beginning Nov. 1, 2014, it will provide assistance to families detained at the Karnes Family Residential Center, in Karnes City, Texas, through the Legal Orientation Program (LOP). The LOP is a program in which representatives...

What OIL and EOIR Are Reading

Links to the internal house organs for DOJ immigration lawyers: OIL's Immigration Litigation Bulletin EOIR's Immigration Law Advisor

DOJ OIG Report: Nepotism at EOIR

"Federal investigators found rampant nepotism in recent years within the agency that oversees U.S. immigration courts, including three top officials who used their positions to help relatives land paid internships. In a report this week , Justice Department Inspector General Michael Horowitz said...

News Excerpts From the Dec. 1, 2014, Bender’s Immigration Bulletin

Executive Action Coverage | On November 20, 2014, the President announced a series of executive actions that will help secure the border, prioritize deporting felons over families, and allow certain undocumented immigrants to temporarily remain in the U.S. without fear of deportation if they pass...

EOIR Adds Another OCAHO ALJ

"The Executive Office for Immigration Review (EOIR) today announced the appointment of Stacy Stiffel Paddack as an administrative law judge (ALJ). ALJs at EOIR hear immigration-related employment cases in the Office of the Chief Administrative Hearing Officer (OCAHO), and do not hear removal cases...

Identities of Immigration Judges Shielded in FOIA Litigation: AILA v. EOIR

"The conduct of the nation’s immigration judges has been the focus of considerable public concern in recent years. Seeking to shed additional light on this important issue, the American Immigration Lawyers Association (“AILA”) filed a Freedom of Information Act (“FOIA”...

San Antonio Immigration Court Non-Detained Cases Pushed to November 2019

"We have been having communications with EOIR for months about setting a date for the non-detained cases that have been going off calendar. EOIR has now said that the system will show November 29, 2019 as the reset date for all of the non-detained cases that have not been heard in past months. At...

Refugee Kids Face Uneven Justice

"After fleeing Central America, child migrants now face a very uneven brand of justice in U.S. immigration courts, where access to a lawyer and the location of the court itself are often the deciding variables in who stays and who doesn’t. A POLITICO analysis of government data shows that...

FY14 Stats Released by EOIR

"The Executive Office for Immigration Review (EOIR) today announced the release of its Fiscal Year (FY) 2014 Statistics Yearbook. The book is a representation of data that EOIR tracked and compiled during the previous fiscal year. As in previous years, the figures and tables contained within the...

Mar. 24, 2015 EOIR Memo: Docketing Practices Relating to UACs

Docketing Practices Relating to Unaccompanied Children Cases and Adults with Children Released on Alternatives to Detention Cases in Light of the New Priorities "This memorandum supersedes the September 10, 2014 memorandum entitled "Docketing Practices Relating to Unaccompanied Children...

OCIJ OPPM 15-01: Hearing Procedures for Cases Covered by New DHS Priorities and Initiatives

"This Operating Policies and Procedures Memorandum (OPPM) provides background and guidance on hearings for aliens who might be covered by new immigration-related enforcement priorities and initiatives established by the Department of Homeland Security (DHS). ... At the present time, there are...

News Excerpts From the May 1, 2015, Bender’s Immigration Bulletin

H-2B Applications and Prevailing Wage Requests Continue Through May 15; USCIS Resumes Premium Processing | On April 15, 2015, the federal district court for the Northern District of Florida issued a further order in Perez v. Perez, No 3:14-cv-682 (N.D. Fla., March 4, 2015) permitting the DOL to continue...

Immigration Attys Say DOJ Isn't Complying With FOIA Request

"The American Immigration Lawyers Association on Thursday urged a D.C. federal court to enforce an order that the Executive Office for Immigration Review must turn over documents related to AILA’s request for information on complaints against immigration judges, saying the government is shirking...