Immigration Law

Recent Posts

EOIR Adds 20 New Immigration Judges
Posted on 12 Oct 2020 by Daniel M. Kowalski

EOIR, Oct. 9, 2020 "The Executive Office for Immigration Review (EOIR) today announced the investiture of 20 Immigration Judges, including three Assistant Chief Immigration Judges. As was noted today by Deputy Attorney General Jeffrey A. Rosen... Read More

IJ Union Survives DOJ Attack: EOIR v. NAIJ
Posted on 1 Aug 2020 by Daniel M. Kowalski

EOIR v. NAIJ "For the reasons discussed below, I find that IJs are not management officials within the meaning of section 7103(a)(l l) of the Statute, and EOIR's petition is dismissed." Read More

Barr Appoints 46 New Immigration Judges
Posted on 21 Jul 2020 by Daniel M. Kowalski

EOIR, July 17, 2020 "The Executive Office for Immigration Review (EOIR) announces the investiture of 46 immigration judges, including three assistant chief immigration judges. This class brings the immigration judge corps to 509, which is the highest... Read More

Immigration Judges Challenge Justice Department Speech Policy
Posted on 2 Jul 2020 by Daniel M. Kowalski

Knight First Amendment Institute, July 1, 2020 "The Knight First Amendment Institute at Columbia University filed a lawsuit today on behalf of the National Association of Immigration Judges (NAIJ) challenging a government policy that imposes an... Read More

FLRA Decertification Materials
Posted on 27 Apr 2020 by Daniel M. Kowalski

As many of you know, DOJ is attempting to decertify the Immigration Judges' union, on the theory that IJs are management. This argument failed twenty years ago, but DOJ is at it again. The case is currently pending before the Federal Labor Relations... Read More

DOJ Tries to Silence the Voice of the Immigration Judges - Again!
Posted on 24 Apr 2020 by Daniel M. Kowalski

Judge Amiena Khan and Judge Dorothy Harbeck, The Federal Lawyer, March/April 2020 "In August 2019, the Department of Justice (DOJ), in a veiled attempt to silence the voice of the immigration judges (IJs), filed a petition with the Federal Labor... Read More

Immigration Judges Call for 'Safe and Fair' Hearings During Pandemic
Posted on 31 Mar 2020 by Daniel M. Kowalski

NAIJ, Mar. 30, 2020 "During this historic and unprecedented pandemic, the immigration courts are in the midst of a crisis created by EOIR. One current immigration judge who is a U.S. military veteran summarized the state of affairs: " I... Read More

Immigration Judges Quitting, Retiring Early Because of Trump
Posted on 27 Jan 2020 by Daniel M. Kowalski

Molly Hennessy-Fiske, Los Angeles Times, Jan. 27, 2019 "Immigration Judge Charles Honeyman was nearing retirement, but he vowed not to leave while Donald Trump was president and risk being replaced by an ideologue with an anti-immigration agenda... Read More

27 New Immigration Judges Sworn In
Posted on 14 Oct 2019 by Daniel M. Kowalski

EOIR, Oct. 11, 2019 "The Executive Office for Immigration Review today announced the investiture of 27 new immigration judges. Deputy Chief Immigration Judge Mary Cheng presided over the investiture during a ceremony held Oct. 11, 2019, at the... Read More

EOIR Interim Rule (Aug. 26, 2019)
Posted on 25 Aug 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 165 / Monday, August 26, 2019 "This interim rule amends the regulations related to the internal organization of the Executive Office for Immigration Review (‘‘EOIR’’). This interim rule reflects... Read More

Jeffrey S. Chase: DOJ's Latest Effort to Undermine an Impartial Immigration Bench
Posted on 23 Aug 2019 by Daniel M. Kowalski

Jeffrey S. Chase, Aug. 22, 2019 The following article first appeared on the online legal news service Law360. Thanks to editor Lisa Gomberg for inviting me to contribute my views on this topic. "On Aug. 9, the U.S. Department of Justice filed... Read More

DOJ Attack on Immigration Judges 'Union Busting Plain and Simple'
Posted on 14 Aug 2019 by Daniel M. Kowalski

NAIJ, Aug. 12, 2019 "Trump Administration Seeks to Silence Federal Immigration Judges’ Union DOJ Files Legal Documents to End the Labor Rights of Judges Retribution for Speaking Out and Exposing Problems in the Courts Judges Make Bipartisan... Read More

Why I Resigned as an Immigration Judge
Posted on 5 Aug 2019 by Daniel M. Kowalski

Ilyce Shugall, Aug. 4, 2019 "I have been an immigration lawyer dedicated to fairness and due process for immigrants my entire career. In 2015, convinced that my 18 years of experience as an advocate would make me a good immigration judge, I applied... Read More

Matter of D-A-C-, 27 I&N Dec. 575 (BIA 2019)
Posted on 29 Jul 2019 by Daniel M. Kowalski

Matter of D-A-C-, 27 I&N Dec. 575 (BIA 2019) - Immigration Judges have the authority to deny an application for temporary protected status in the exercise of discretion. Read More