Immigration Law

Recent Posts

Quality vs Quantity: How Does Sitting on the Dedicated Docket Impact the Judging Process?
Posted on 17 Nov 2022 by Daniel M. Kowalski

TRAC, Nov. 16, 2022 "The outcome for asylum seekers has long been influenced by the identity of the immigration judge assigned to hear their case. This has been well documented, including by the annual judge-by-judge reports that TRAC has compiled... Read More

Lawyers, Organizations Ask EOIR to Address "No Notice / Docket Reshuffling" Crisis
Posted on 26 Oct 2022 by Daniel M. Kowalski

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... Read More

Hon. Dana Leigh Marks on Immigration Law Reform
Posted on 24 Sep 2022 by Daniel M. Kowalski

Hon. Dana Leigh Marks, Sept. 20, 2022 "After 45 years in the field of immigration law — 35 years on the bench, deep in the belly of government bureaucracy, preceded by 10 years as an attorney in private practice representing families and... Read More

Due Process Disaster in Immigration Court
Posted on 21 Sep 2022 by Daniel M. Kowalski

Jason Dzubow, Sept. 21, 2022 "It is not easy to convey the magnitude of the ongoing disaster at EOIR, the Executive Office for Immigration Review, the office that oversees our nation’s Immigration Courts. Simply stated, the agency is rescheduling... Read More

EOIR to Hold Regional Stakeholder Meetings Regarding Internet-Based Hearings
Posted on 19 Sep 2022 by Daniel M. Kowalski

EOIR, Sept. 19, 2022 "The Executive Office for Immigration Review (EOIR) invites interested parties to attend a regional stakeholder meeting regarding internet-based hearings. During the regional stakeholder meeting, senior officials from the Office... Read More

Hon. Jeffrey S. Chase: The Fourth Circuit on Jurisdiction
Posted on 16 Aug 2022 by Daniel M. Kowalski

Hon. Jeffrey S. Chase, Aug. 16, 2022 "On June 30, the U.S. Court of Appeals for the Fourth Circuit issued a decision that might not have received the attention it deserved. The end result of the court’s published decision in Herrera-Alcala... Read More

Memo: EOIR Director David Neal on Internet-Based Hearings (Aug. 11, 2022)
Posted on 16 Aug 2022 by Daniel M. Kowalski

EOIR, Aug. 11, 2022 "... This memorandum discusses internet-based hearings and sets out guidelines to apply to such hearings across the immigration courts going forward. ..." Read More

Tracy Short Email: Taking Cases Off Calendar
Posted on 3 Aug 2022 by Daniel M. Kowalski

Here is an email to all Immigration Courts from former Chief Immigration Judge Tracy Short, dated April 26, 2022, regarding taking cases off calendar: "Pursuant to the authority to "ensure the efficient disposition of all pending cases,"... Read More

CBP Fails to File NTAs Leading to Large Numbers of Dismissals
Posted on 29 Jul 2022 by Daniel M. Kowalski

TRAC, July 29, 2022 "One out of every six new cases DHS initiates in Immigration Court are now being dismissed because CBP officials are not filing the actual “Notice to Appear” (NTA) with the Court. The latest case-by-case Court records... Read More

CA9, En Banc: Bastide-Hernandez II (Immigration Court Subject Matter Jurisdiction)
Posted on 11 Jul 2022 by Daniel M. Kowalski

Bastide-Hernandez II "The United States appeals from the district court’s dismissal of an indictment charging Juan Carlos Bastide-Hernandez with illegal reentry after removal, in violation of 8 U.S.C. § 1326. According to the district... Read More

The Biden Administration’s Dedicated Dockets: Inside Los Angeles’ Accelerated Court Hearings for Families Seeking Asylum
Posted on 26 May 2022 by Daniel M. Kowalski

Immigrants’ Rights Policy Clinic, Center for Immigration Law and Policy, UCLA School of Law, May 25, 2022 "A report released today reveals gross miscarriages of justice in the expedited immigration court docket established by the Biden administration... Read More

CRS on U.S. Immigration Courts and the Pending Cases Backlog
Posted on 28 Apr 2022 by Daniel M. Kowalski

CRS, Apr. 25, 2022 "... EOIR has become increasingly unable to adjudicate in a timely manner the hundreds of thousands of cases it receives from DHS each year and, as a result, immigration courts have a large and growing backlog of pending cases... Read More

EOIR to Open Hyattsville, MD and Laredo, TX Immigration Courts
Posted on 25 Feb 2022 by Daniel M. Kowalski

EOIR, Feb. 25, 2022 "The Executive Office for Immigration Review today announced it will open new immigration courts in Hyattsville, Maryland, and Laredo, Texas, on Feb. 28, 2022, expanding its presence in the National Capital Region and in South... Read More

Mounting Backlogs Undermine U.S. Immigration System and Impede Biden Policy Changes
Posted on 24 Feb 2022 by Daniel M. Kowalski

Muzaffar Chishti and Julia Gelatt, MPI, Feb. 23, 2022 "The Biden administration is seeking to overhaul the U.S. immigration system, expanding protections to hundreds of thousands of immigrants and embarking on a plan to restructure the asylum process... Read More

The Continuing Impact of The Pandemic on Immigration Court Case Completions (TRAC)
Posted on 11 Feb 2022 by Daniel M. Kowalski

TRAC, Feb. 11, 2022 "As of the end of January 2022, the pace of Immigration Court work continues to lag as a result of the pandemic. There have been not only fewer case completions, but the average time required to dispose of each case has doubled... Read More