Immigration Law

Recent Posts

Garland Appoints New BIA Member: Beth Liebmann
Posted on 15 Apr 2022 by Daniel M. Kowalski

EOIR, Apr. 13, 2022 "Attorney General Merrick B. Garland has appointed Beth Liebmann as a Member of EOIR’s Board of Immigration Appeals (BIA). ... Judge Liebmann earned a Bachelor of Arts in 1981 from Brandeis University and a Juris Doctor... Read More

Tags: bia , eoir , garland

82,645 Appeals Pending at the BIA
Posted on 9 Mar 2022 by Daniel M. Kowalski

As of Jan. 19, 2022 there are 82,645 appeals pending at the BIA. Read More

Tags: Appeals , bia , backlog , eoir

EOIR Electronic Case Access and Filing Final Rule
Posted on 10 Dec 2021 by Daniel M. Kowalski

Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 "On December 4, 2020, the Executive Office for Immigration Review (“EOIR”) published a notice of proposed rulemaking (“NPRM” or “proposed rule”... Read More

EOIR on Administrative Closure
Posted on 23 Nov 2021 by Daniel M. Kowalski

EOIR, Nov. 22, 2021 "On July 15, 2021, the Attorney General issued a precedential decision in Matter of Cruz-Valdez, 28 I&N Dec. 326 (A.G. 2021). In that decision, the Attorney General restored the authority of immigration judges and the Board... 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EOIR Announces New Format for BIA Unpublished Decisions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announces that effective today, the Board of Immigration Appeals (BIA) will begin transitioning to a new format for unpublished decisions.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

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

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

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 PM 20-01 (Case Processing)
Posted on 18 Mar 2021 by Daniel M. Kowalski

EOIR, Mar. 17, 2021 "As part of EOIR’s ongoing efforts to improve operations and review existing policy memoranda, the following Policy Memorandum (PM) is rescinded: 1. PM 20-01, Case Processing at the Board of Immigration Appeals PM 20-01... Read More

Major FOIA Victory at CA2: NYLAG v. BIA
Posted on 5 Feb 2021 by Daniel M. Kowalski

NYLAG v. BIA "Plaintiff-Appellant New York Legal Assistance Group (“NYLAG”) seeks access to non-precedential “unpublished opinions” issued by Defendant-Appellee the Board of Immigration Appeals (“BIA”) in immigration... Read More

Tags: bia , FOIA , eoir

EOIR Final Rule: Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure
Posted on 11 Dec 2020 by Daniel M. Kowalski

Federal Register / Vol. 85, No. 242 / Wednesday, December 16, 2020 "On August 26, 2020, the Department of Justice (“Department”) published a notice of proposed rulemaking (“NPRM” or “proposed rule”) that would... Read More

Former BIA Chair Hon. Paul W. Schmidt to Ohio AILA
Posted on 4 Dec 2020 by Daniel M. Kowalski

PWS, Dec. 4, 2020 " Friends, you know, and I know, what is the biggest crisis facing the American justice system today. One that undermines and threatens racial justice, social justice, equality before the law, voting rights, American values, and... Read More

Tags: schmidt , bia , eoir

EOIR Proposed Rule: Electronic Filing, Case Access, Law Students
Posted on 3 Dec 2020 by Daniel M. Kowalski

Federal Register / Vol. 85, No. 234 / Friday, December 4, 2020 "The Executive Office for Immigration Review (“EOIR”) is proposing to implement electronic filing and records applications for all cases before the immigration courts and... Read More

Tags: bia , eoir

Advance Copy of EOIR Proposed Rule
Posted on 21 Aug 2020 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 08/26/2020 "The Department of Justice (“Department”) proposes to amend the regulations of the Executive Office for Immigration Review (“EOIR”) regarding... Read More