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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...

EOIR Announces I³

"The Executive Office for Immigration Review (EOIR) today announced that it has launched eInfo, a web-based application that allows registered attorneys and fully accredited representatives to view their clients’ case information. eInfo provides similar information to that which is currently...

Osuna: EOIR Needs More of Everything

"Immigrants already on United States soil may have to wait years to see an immigration court judge. It’s a problem that’s worse than it’s ever been, with a backlog of over 400,000 cases. In his first ever TV interview on camera, the Director of the Executive Office for Immigration...

EOIR Interim Rule: BIA Expands to 17 Members

"This rule amends the Department of Justice regulations relating to the organization of the Board of Immigration Appeals (Board) by adding two Board member positions, thereby expanding the Board to 17 members. ... This rule is effective June 3, 2015." - Federal Register / Vol. 80, No. 106 ...

Details Revealed On 18 New Immigration Judges - Law360

Law360, July 7, 2015 - " Eighteen judges have started new jobs in immigration courts around the U.S., and while their paths have intersected at the bench, documents provided to Law360 on Tuesday show they took distinct routes to get to this point. The Executive Office for Immigration Review , a...

EOIR: Chief IJ Steps Down

"The Executive Office for Immigration Review today announced that, following more than six years of service with distinction as Chief Immigration Judge, Brian M. O’Leary has decided to return to the immigration bench as an immigration judge at the Arlington Immigration Court. This position...