Immigration Law

Recent Posts

NAIJ Nails EOIR: Facts vs. Fiction
Posted on 14 May 2019 by Daniel M. Kowalski

NAIJ, May 13, 2019 "National Assn. of Immigration Judges Say DOJ’s “Myths v. Facts” Filled with Errors and Misinformation DOJ Document Demonstrates the Need for an Independent Immigration Court Say Judges This month the Department... Read More

Rejection and Pushback for EOIR "Fact" Sheet
Posted on 13 May 2019 by Daniel M. Kowalski

In May 2019 EOIR posted this " MYTHS vs FACTS ABOUT IMMIGRATION PROCEEDINGS ." On May 13, 2019 a "Round Table" of former Immigration Judges and BIA members posted this reaction against EOIR "propaganda." Also on May 13... Read More

TRAC: Feds 'Flying Blind' on Asylum...And Blinding the Watchers
Posted on 24 Apr 2019 by Daniel M. Kowalski

TRAC, Apr. 23, 2019 "... It appears that the government itself does not actually know what happens to those it arrests at the border. It admits it lacks the ability to reliably follow cases when they pass from one agency of DHS to another - such... Read More

A.G. Barr Seeks to Push BIA Final Rule over Finish Line
Posted on 12 Apr 2019 by Daniel M. Kowalski

Tal Kopan, San Francisco Chronicle, Washington Bureau, Apr. 12, 2019 "Attorney General William Barr is making his first major moves on immigration policy since his confirmation, setting up big changes for the courts that decide whether immigrants... Read More

Tags: Regulation , barr , bia , eoir , USCIS

Is Breitbart Running EOIR's News Feed?
Posted on 5 Apr 2019 by Daniel M. Kowalski

Matthew Hoppock, Apr. 5, 2019 "Starting in September, 2018 the Executive Office for Immigration Review (EOIR) started producing this publication called the “EOIR Morning Briefing.” They’re not quite daily and they look like a... Read More

'No Dark Courtrooms' - EOIR
Posted on 3 Apr 2019 by Daniel M. Kowalski

EOIR Policy Memo dated Mar. 29, 2019, effective May 1, 2019 "[I]t is appropriate for EOIR to adopt a formal policy of "no dark courtrooms" and to direct OCIJ managers to ensure, to the maximum extent practicable, that all blocks of available... Read More

Whose Court Is This Anyway?
Posted on 2 Apr 2019 by Daniel M. Kowalski

Lorelei Laird, ABA Journal, April 2019 Immigration judges accuse executive branch of politicizing their courts [Please read this detailed "deep dive" into the murky world of EOIR, including the Board of Immigration Appeals and the Immigration... Read More

The Immigration Court: Issues and Solutions - Jeffrey S. Chase
Posted on 29 Mar 2019 by Daniel M. Kowalski

Editor's Note: This is the most important - and damning - exposé of the Immigration Courts to date. Please read every word. Jeffrey S. Chase, Mar. 28, 2019 " The following is the transcript of my lecture on March 28, 2019 at Cornell... Read More

EOIR ANPRM on Limited Representation
Posted on 27 Mar 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 59 / Wednesday, March 27, 2019 "The Department of Justice (Department) is evaluating the possibility of revising the rules and procedures governing representation and appearance during proceedings before the Executive... Read More

EOIR on Use of Electronics in 'EOIR Space'
Posted on 23 Mar 2019 by Daniel M. Kowalski

EOIR, Mar. 20, 2019 "... Attorneys or representatives of record and attorneys from the Department of Homeland Security representing the government in proceedings before EOIR will be permitted to use electronic devices in EOIR courtrooms for the... Read More

31 New Immigration Judges (EOIR, Mar. 18, 2019)
Posted on 23 Mar 2019 by Daniel M. Kowalski

EOIR, Mar. 18, 2019 "The Executive Office for Immigration Review today announced the investiture of 31 new immigration judges." Read More

Newly Arriving Families Not Main Reason for Immigration Court's Growing Backlog: TRAC
Posted on 21 Mar 2019 by Daniel M. Kowalski

TRAC, Mar. 18, 2019 "The Immigration Court backlog continues to rise. As of February 28, 2019, the number of pending cases on the court's active docket topped eight hundred and fifty-five thousand (855,807) cases. This is an increase of over... Read More

Lawsuit: Standards for Avoiding Deportation Cannot Be Shrouded in Secrecy
Posted on 2 Mar 2019 by Daniel M. Kowalski

AIC, Feb. 28, 2019 "In July and November of 2018, the American Immigration Council, along with the Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin Cardozo School of Law, filed two requests under the Freedom of Information Act (FOIA... Read More

New Guidance to IJs and AOs pursuant to Grace v. Whitaker
Posted on 14 Jan 2019 by Daniel M. Kowalski

Karen Musalo , Bank of America Foundation Chair in International Law and Professor & Director, Center for Gender & Refugee Studies at U.C. Hastings College of the Law writes: "Following up on U.S. District Court Judge Emmet Sullivan’s... Read More

Mission Creep: EOIR Sets Quotas for OCAHO
Posted on 27 Dec 2018 by Daniel M. Kowalski

EOIR, Dec. 21, 2018 "1. Ninety percent (90%) of worksite enforcement/employer sanctions cases under INA §274A should be completed within 430 days of filing. 2. Ninety percent (90%) of immigration-refated unfair employment practice cases under... Read More