Immigration Law

Recent Posts

NY City Bar Report Highlights Threats to Independence of Immigration Court System, Calls for Creation of Independent Article I Court
Posted on 23 Oct 2020 by Daniel M. Kowalski

NY City Bar Association, Oct. 21, 2020 "The New York City Bar Association has released a report on recent immigration policy changes “to highlight its concerns about their impact on the independence of the immigration court system as well... Read More

Partial Bond Habeas Victory: Onosamba-Ohindo v. Barr
Posted on 4 Sep 2020 by Daniel M. Kowalski

Onosamba-Ohindo v. Barr "Petitioners/plaintiffs Junior Onosamba-Ohindo (“Class Petitioner”) and Antonio Lopez Agustin (“Subclass Petitioner”) (collectively “Petitioners”) have filed a petition for a writ of habeas... Read More

NJ Lawsuit Targets Immigration Court Hearings During COVID-19
Posted on 5 Aug 2020 by Daniel M. Kowalski

Rox Laird, Courthouse News Service, July 31, 2020 "New Jersey immigration lawyers say in a lawsuit filed Friday against the U.S. Justice Department that required in-person immigration hearings unnecessarily puts their lives at risk during the coronavirus... Read More

DOJ, DHS on Restarting MPP Hearings
Posted on 20 Jul 2020 by Daniel M. Kowalski

DHS, July 17, 2020 "The U.S. Department of Homeland Security (DHS) and the U.S. Department of Justice (DOJ) remain committed to resuming removal hearings for aliens subject to the Migrant Protection Protocols (MPP) as expeditiously as possible... Read More

"EOIR Failed Court Administration 101"
Posted on 12 Jun 2020 by Daniel M. Kowalski

NAIJ, June 10, 2020 "The National Association of Immigration Judges Statement on DOJ OIG Report on Executive Office for Immigration Review Fiscal Year 2019 Financial Management Practices DOJ OIG Report Highlights the Structural Flaw of Entrusting... Read More

EOIR Policy Memo: Updating Practices Related to the COVID-19 Outbreak
Posted on 12 Jun 2020 by Daniel M. Kowalski

EOIR, June 11, 2020 "This Policy Memorandum (PM) is effective immediately and supersedes PM 20-10, Immigration Court Practices During the Declared National Emergency Concerning the COVID-19 Outbreak (Mar. 18, 2020) and Addendum to PM 20-10 (Mar... Read More

Barr Appoints Four New ACIJs; Two Have No Experience
Posted on 26 May 2020 by Daniel M. Kowalski

[NOTE: Two of the four new ACIJs have no immigration law experience, yet they will hear cases.] EOIR, May 22, 2020 "The Executive Office for Immigration Review (EOIR) today announced four new assistant chief immigration judges (ACIJs). ACIJs... Read More

Immigration Courts in Chaos
Posted on 18 May 2020 by Daniel M. Kowalski

Tal Kopan, San Francisco Chronicle, May 18, 2020 "[M]any of those who work in the system say the Trump administration has handled the shutdown in an especially haphazard manner, increasing the stress on judges and attorneys in addition to immigrants... Read More

EOIR Postpones Non-Detained Cases Through June 12, 2020
Posted on 15 May 2020 by Daniel M. Kowalski

EOIR, May 15, 2020 "All hearings in non-detained cases are postponed through, and including, Friday June 12, 2020." Read More

At The Mercy Of The Courts
Posted on 15 May 2020 by Daniel M. Kowalski

Max Siegelbaum, Mazin Sidahmed, DocumentedNY, Latino USA, May 13, 2020 "... In 2019, we set out to document the fallout from those changes, observing New York City’s immigration courts every single day for three months. When we began reporting... Read More

Human Rights at Risk: The Immigration Courts Are in Need of an Overhaul
Posted on 1 May 2020 by Daniel M. Kowalski

Hon. Mimi Tsankov, Apr. 28, 2020 "From unrealistic performance measures imposed on immigration judges, the unprecedented certification of cases to the attorney general for decision, to allegations of partisanship in the appointment of judges to... Read More

MPP Hearings Rescheduled Again
Posted on 1 May 2020 by Daniel M. Kowalski

EOIR/DHS, May 1, 2020 "The Departments of Justice and Homeland Security have extended the temporary postponement of Migrant Protection Protocols (MPP). Hearings scheduled through, and including, June 1, 2020, will be rescheduled. As the Departments... Read More

The Hidden Impact of Removal Proceedings on Rural Communities: TRAC
Posted on 10 Apr 2020 by Daniel M. Kowalski

TRAC, Apr. 9, 2020 "Although the Immigration Courts with the largest backlogs of cases are located in large cities, the latest Immigration Court records show that when adjusted for population, many rural counties have higher rates of residents... Read More

TRO Requested Against EOIR, ICE
Posted on 8 Apr 2020 by Daniel M. Kowalski

NIPNLG, Apr. 8, 2020 " Temporary Restraining Order Requested to Stop Dangerous EOIR and ICE Policies During the COVID-19 Pandemic Immigration groups today moved for an emergency temporary restraining order (TRO) against the Executive Office for... Read More

EOIR Policy Memo: Filings and Signatures (Apr. 3, 2020)
Posted on 6 Apr 2020 by Daniel M. Kowalski

EOIR, Apr. 3, 2020 "This Policy Memorandum (PM) updates EOIR's policies regarding permissible signatures on documents filed with the immigration courts and the Board of Immigration Appeals. As of March 31, 2020, EOIR has begun accepting digital... Read More