Immigration Law

Recent Posts

FOIA Results – EOIR’s “Guidance and Publications” Site
Posted on 13 Sep 2021 by Daniel M. Kowalski

Matthew Hoppock, Sept. 13, 2021 "In January 2019 we submitted a FOIA request asking for the contents of the EOIR ‘s “ Guidance and Publications” intranet site . The site is part of the EOIR’s intranet, which is accessible... Read More

Tags: FOIA , eoir

Advance Copy of Proposed Rule: Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers
Posted on 18 Aug 2021 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 08/20/2021. "The Department of Justice (“DOJ”) and the Department of Homeland Security (“DHS”) (collectively, “the Departments”) are proposing... Read More

EOIR Announces New Format for BIA Unpublished Decisions
Posted on 9 Aug 2021 by Daniel M. Kowalski

EOIR, Aug. 9, 2021 "The Executive Office for Immigration Review (EOIR) announces that effective today, the Board of Immigration Appeals (BIA) will begin transitioning to a new format for unpublished decisions. The new format is similar to that... Read More

Tags: bia , eoir

Immigration Court Operations FAQ (July 30, 2021)
Posted on 3 Aug 2021 by Daniel M. Kowalski

EOIR, July 30, 2021 "Consistent with public health officials’ guidance, the Executive Office for Immigration Review (EOIR) has implemented practices to help to protect all people working in and visiting EOIR spaces throughout the country... Read More

Garland Vacates Matter of A-C-A-A-
Posted on 26 Jul 2021 by Daniel M. Kowalski

Matter of A-C-A-A-, 28 I&N Dec. 351 (A.G. 2021) (1) Matter of A-C-A-A-, 28 I&N Dec. 84 (A.G. 2020) (“A-C-A-A- I”), is vacated in its entirety. Immigration judges and the Board should no longer follow A-C-A-A- I in pending or future... Read More

Tags: bia , eoir , garland

Garland Appoints 10 New IJs
Posted on 19 Jul 2021 by Daniel M. Kowalski

EOIR, July 16, 2021 "The Executive Office for Immigration Review (EOIR) today announced 10 new Immigration Judges (IJs), including one Assistant Chief Immigration Judge (ACIJ). ACIJs are responsible for overseeing the operations of their assigned... Read More

EOIR MPP/MTR Policy Memo (June 24, 2021)
Posted on 25 Jun 2021 by Daniel M. Kowalski

EOIR, June 24, 2021 - Provides information regarding the adjudication of motions to reopen in Migrant Protection Protocols cases Read More

EOIR PM on Enforcement Priorities (June 11, 2021)
Posted on 11 Jun 2021 by Daniel M. Kowalski

EOIR, June 11, 2021 "... Immigration judges should be prepared to inquire, on the record, of the parties appearing before them at scheduled hearings as to whether the case remains a removal priority for ICE and whether ICE intends to exercise some... Read More

EOIR "Dedicated Docket" Policy Memo, May 28, 2021
Posted on 1 Jun 2021 by Daniel M. Kowalski

EOIR, May 28, 2021 "EOIR is initiating a Dedicated Docket to focus on the adjudication of family cases as designated by the Department of Homeland Security (DHS). This docket will run alongside typical court operations in immigration courts in... Read More

DOJ, DHS Announce "Dedicated Docket" for Certain Recently Arrived Families
Posted on 28 May 2021 by Daniel M. Kowalski

DOJ, May 28, 2021 "Today, Secretary of Homeland Security Alejandro N. Mayorkas and Attorney General Merrick B. Garland announced a new Dedicated Docket process to more expeditiously and fairly make decisions in immigration cases of families who... Read More

Former Immigration Judges Ask Garland to Review/Rescind Trump-Era AG Certs
Posted on 25 May 2021 by Daniel M. Kowalski

Round Table of Former Immigration Judges, May 25, 2021 "We, the Round Table of Former Immigration Judges, are a group of former Immigration Judges and appellate-level judges of the Board of Immigration Appeals. Relying on our combined centuries... Read More

Tags: bia , eoir , garland

Advocates: Garland Must Review EOIR Personnel and Install New Leadership
Posted on 20 May 2021 by Daniel M. Kowalski

Letter dated May 19, 2021 "To Attorney General Garland and Deputy Attorney General Monaco: We, the undersigned immigration, civil rights, human rights, and democracy protection organizations, are deeply concerned that politically motivated personnel... Read More

Tags: bia , eoir , garland

EOIR Cancels Trump-Era Policy Memos (May 14, 2021)
Posted on 17 May 2021 by Daniel M. Kowalski

PM 21-19 : "As part of EOIR’s ongoing efforts to improve operations and review existing policy memoranda, the following Policy Memoranda (PM) are rescinded: 1. PM 19-02, Guidelines Regarding New Regulations Governing Asylum and Protection Claims... Read More

Tags: policy memo , eoir

17 New Immigration Judges...And Commentary
Posted on 6 May 2021 by Daniel M. Kowalski

EOIR, May 6, 2021 "The Executive Office for Immigration Review (EOIR) today announced 17 new Immigration Judges (IJs), including one Assistant Chief Immigration Judge (ACIJ) and six Unit Chief Immigration Judges (UCIJs). ACIJs are responsible for... Read More

Hon. Paul W. Schmidt on "Day One Stuff" for EOIR, Garland
Posted on 12 Apr 2021 by Daniel M. Kowalski

When it comes to "progress" at EOIR made by the Biden administration, former BIA Chair Paul W. Schmidt pulls no punches . Read More

Tags: eoir , garland