Immigration Law

Recent Posts

EOIR on Administrative Closure
Posted on 23 Nov 2021 by Daniel M. Kowalski

EOIR, Nov. 22, 2021 "On July 15, 2021, the Attorney General issued a precedential decision in Matter of Cruz-Valdez, 28 I&N Dec. 326 (A.G. 2021). In that decision, the Attorney General restored the authority of immigration judges and the Board... Read More

EOIR Adds 24 New IJs
Posted on 28 Oct 2021 by Daniel M. Kowalski

EOIR, Oct. 27, 2021 "The Executive Office for Immigration Review (EOIR) today announced 24 new Immigration Judges, including four Assistant Chief Immigration Judges and two Unit Chief Immigration Judges. These 24 adjudicators join the newest member... Read More

EOIR Dumps Case Quotas for IJs
Posted on 20 Oct 2021 by Daniel M. Kowalski

Priscilla Alvarez, CNN, Oct. 20, 2021 "The Justice Department is ending the use of case quotas for immigration judges that became a point of contention during the Trump administration for undercutting judges' authority and discretion, according... Read More

Advocates Welcome New BIA Member Andrea Saenz!
Posted on 14 Oct 2021 by Daniel M. Kowalski

EOIR, Oct. 14, 2021 - "The Executive Office for Immigration Review (EOIR) today announced the appointment of Andrea Saenz as a Member of EOIR’s Board of Immigration Appeals (BIA). Attorney General Merrick B. Garland’s appointment of Appellate... Read More

Matter of Kagumbas, 28 I&N Dec. 400 (BIA 2021)
Posted on 13 Oct 2021 by Daniel M. Kowalski

Matter of Kagumbas, 28 I&N Dec. 400 (BIA 2021) - An Immigration Judge has the authority to inquire into the bona fides of a marriage when considering an application for adjustment of status under section 245(a) of the Immigration and Nationality Act... Read More

Garland Appoints 10 New IJs
Posted on 19 Jul 2021 by Daniel M. Kowalski

EOIR, July 16, 2021 "The Executive Office for Immigration Review (EOIR) today announced 10 new Immigration Judges (IJs), including one Assistant Chief Immigration Judge (ACIJ). ACIJs are responsible for overseeing the operations of their assigned... Read More

Research: Immigration Judges Influenced by Politics
Posted on 15 Jul 2021 by Daniel M. Kowalski

Daniel Braaten, Claire Nolasco Braaten, The Conversation, July 13, 2021 "The news over the past months has been saturated with stories about another “surge” of unaccompanied minors crossing the southern border of the U.S. In March 2021... Read More

80 Unions and Scholars Ask Garland to Support NAIJ, Withdraw Decertification
Posted on 8 Jun 2021 by Daniel M. Kowalski

Letter, June 7, 2021 - Department of Justice Should Support the National Association of Immigration Judges and Withdraw the Petition to Decertify its Union "We, the undersigned unions, organizations, immigration law professors and scholars, and... Read More

17 New Immigration Judges...And Commentary
Posted on 6 May 2021 by Daniel M. Kowalski

EOIR, May 6, 2021 "The Executive Office for Immigration Review (EOIR) today announced 17 new Immigration Judges (IJs), including one Assistant Chief Immigration Judge (ACIJ) and six Unit Chief Immigration Judges (UCIJs). ACIJs are responsible for... Read More

Insider: Garland Secretly Appoints 17 New IJs
Posted on 5 May 2021 by Daniel M. Kowalski

Cinco de Mayo, 2021 Former BIA Chair, the Hon. Paul W. Schmidt , reports on his blog : "According to “Deep Throat 2021,” (“DT-21”) it’s worse than I previously thought about Immigration Judge appointments. (And, I... Read More

CA4 on Waivers: Jimenez-Rodriguez v. Garland
Posted on 30 Apr 2021 by Daniel M. Kowalski

Jimenez-Rodriguez v. Garland "Reading the broad language of §§ 1003.10(b) and 1240.1(a)(1)(iv), we conclude that these regulations give the IJ the Attorney General’s discretionary authority to grant a § 1182(d)(3)(A)(ii) waiver... Read More

Will Biden/Garland Recertify the IJ Union?
Posted on 12 Mar 2021 by Daniel M. Kowalski

Marcia Brown, American Prospect, Mar. 12, 2021 "The Trump administration’s manipulation of the immigration system went deeper than aggressive border policies and cruel detention practices. It also relentlessly pushed to rig the immigration... Read More

How Trump Left His Mark on Immigration Courts, BIA
Posted on 9 Mar 2021 by Daniel M. Kowalski

Reade Levinson, Kristina Cooke, Mica Rosenberg, Reuters, Mar. 8, 2021 "As U.S. President Joe Biden works to undo many of the restrictive immigration policies enacted by former President Donald Trump, he will confront one of his predecessor’s... Read More

Sexual Harassment by IJs, BIA Members: SF Chronicle Investigation
Posted on 22 Jan 2021 by Daniel M. Kowalski

Tal Kopan, San Francisco Chronicle, Jan. 22, 2021 "One judge made a joke about genitalia during a court proceeding and was later promoted. Another has been banned for more than seven years from the government building where he worked after management... Read More

Polly A. Webber: Muzzling America’s Immigration Judges is a Travesty
Posted on 19 Nov 2020 by Daniel M. Kowalski

Polly A. Webber, Nov. 19, 2020 - Muzzling America’s Immigration Judges is a Travesty "It can’t be much of a surprise that I should have deep insight and strong feelings about the current state of our Immigration Courts, after more than... Read More