Immigration Law

Recent Posts

Immigration Court Backlog Nears 1.5 Million Cases: TRAC
Posted on 15 Nov 2021 by Daniel M. Kowalski

TRAC, Nov. 15, 2021 "Including nearly 50,000 new deportation cases filed in Immigration Court in just October 2021, the total pending cases in the Immigration Courts now reaches 1,486,495 according to TRAC's updated Quick Facts tools . Immigration... Read More

Courtside Exclusive: PWS on the "Dedicated Asylum Docket"
Posted on 22 Aug 2021 by Daniel M. Kowalski

Hon. Paul W. Schmidt, Aug. 20, 2021 "TRAC IMMIGRATION just released the first statistical profile of the “Dedicated Asylum Docket” created by AG Garland and his subordinates without any coherent public explanation or plan in mind. Here... Read More

TRAC on the "Dedicated Docket"
Posted on 17 Aug 2021 by Daniel M. Kowalski

TRAC, Aug. 17, 2021 5,000 Immigrants Assigned to Biden Administration's New "Dedicated Docket" for Asylum Seeking Families On May 28, 2021, the Department of Homeland Security and the Department of Justice announced that the... Read More

Immigration Court Cases Jump in June 2021; Delays Double This Year
Posted on 28 Jul 2021 by Daniel M. Kowalski

TRAC, July 28, 2021 "The number of new deportation cases filed by the Biden administration is on the rise. Deportation orders sought by the Department of Homeland Security (DHS) jumped by nearly 50 percent in June, compared with the number filed... Read More

Will There Be Justice For Zee?
Posted on 16 Jun 2021 by Daniel M. Kowalski

Randy Evans, June 16, 2021 "Zalmay Niazy, now in his 30s, is not just another of the countless foreign-born people who dream of living, working and raising families in the United States. He is a native of Afghanistan and served our nation during... 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

Expert: Supreme Court Decision Tightens Burden of Proof in Immigration Court
Posted on 5 Mar 2021 by Daniel M. Kowalski

Nina Totenberg, NPR, Mar. 4, 2021 "The U.S. Supreme Court on Thursday [ Pereida v. Wilkinson ] made it more difficult for undocumented immigrants who have lived in the U.S. for a long time to fight deportation. ... By putting the burden on Pereida... Read More

Trump Leaves Biden 1.3 Million Case Backlog in Immigration Courts: TRAC
Posted on 21 Jan 2021 by Daniel M. Kowalski

TRAC, Jan. 19, 2021 "This report provides an overview of the magnitude and composition of the current active court case backlog. The portrait provides a baseline against which the impact on the backlog of future changes in the Biden Administration's... Read More

Rep. Pressley Demands Answers on Immigration Court Scheduling Orders Targeting Immigrant Children and Unaccompanied Minors
Posted on 9 Dec 2020 by Daniel M. Kowalski

Congresswoman Ayanna Pressley (MA-07), Dec. 8, 2020 "“It seems the Immigration Court could be ordering children removed from the United States for failure to comply with orders that are unjustifiable and, in many cases, inapplicable to the... Read More

Expert: EOIR Memos Speed Immigration Court Docket
Posted on 7 Dec 2020 by Daniel M. Kowalski

Gabrielle Banks, Houston Chronicle, Dec. 4, 2020 "Eighteen youths, including an 11-year-old, are facing expedited removal proceedings in which Houston-area immigration judges ordered them to hand over complicated documentation on short notice Friday... Read More

EOIR PM 21-05: Enhanced Case Flow Processing in Removal Proceedings
Posted on 1 Dec 2020 by Daniel M. Kowalski

EOIR, Nov. 30, 2020, eff. Dec. 1, 2020 "As part of its continued commitment to ensuring efficient and fair adjudications and that each alien with a claim to relief or protection from removal receives a hearing in a timely manner, EOIR is implementing... Read More

EOIR Policy Memo: Hearings via Telephone, Video
Posted on 6 Nov 2020 by Daniel M. Kowalski

EOIR, Nov. 6, 2020 "This Policy Memorandum (PM) cancels and replaces OPPM 04-06. It memorializes EOIR policies regarding the use of the telephone and video teleconferencing (VTC or VC) to conduct hearings in proceedings before an immigration judge... Read More

Evidence Shows That Most Immigrants Appear for Immigration Court Hearings
Posted on 31 Oct 2020 by Daniel M. Kowalski

Nina Siulc, Noelle Smart, Vera Institute of Justice, Oct. 2020 "The use of civil immigration detention has expanded exponentially over the past few decades, with a record high of more than half a million people detained in fiscal year 2019.1 The... Read More

A Misrepresentation Wrapped in a Misunderstanding about Immigration Adjudication
Posted on 28 Oct 2020 by Daniel M. Kowalski

Prof. Geoffrey Hoffman, Oct. 27, 2020 "The President during the debate last week said immigrants by and large do not "show up" to immigration court hearings after being released from detention. Not only do the statistics contradict this... Read More

NYSBA Ethics Opinion 1203 (Oct. 8, 2020)
Posted on 14 Oct 2020 by Daniel M. Kowalski

NYSBA Ethics Opinion 1203 (Oct. 8, 2020) "An attorney may withdraw from representation, with the permission of the Immigration Court, based on fear of contracting COVID-19 as a result of in-person appearances in the proceeding, where such fear... Read More