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Immigration Law

Lawyers, Organizations Ask EOIR to Address "No Notice / Docket Reshuffling" Crisis

Letter from National Consortium of Immigration Practitioners- No Notice & Docket Reshuffling, Oct. 25, 2022

"We write this letter as a consortium of over 200 immigration practitioners from across the
nation. We are private practitioners, professors, and non-profit advocates who together
represent non-citizens in every state of the nation, the District of Columbia and Puerto
Rico. This consortium includes both American Immigration Lawyers Association (AILA)
members and non-AILA members and has convened for the sole focus of the issues
outlined in this letter. Signatories include individuals and organizations who are allies of
this consortium.

For over a year and more recently, practitioners have experienced a lack of any notice and
sufficient notice from the Executive Office of Immigration Review (EOIR) for individual
calendar hearings. The statute requires written notice. See INA § 240(c)(5)(A). This lack
of notice has created hardship that falls heavily on respondents and their counsel, who
overwhelmingly carry the burden of proof in proceedings, and requires gathering and
filing detailed evidence prior to Individual hearings. ..."