Immigration Law

Recent Posts

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

A Call for Plaintiffs: Due Process, Immigration Judges, and Asylum Officers
Posted on 24 Jul 2019 by Daniel M. Kowalski

Due Process, Immigration Judges, and Immigration Officers , by Prof. Richard J. Pierce, Jr., July 24, 2019 "The Supreme Court has long emphasized the requirement of a neutral decision maker as a critical component of the process that is due any... Read More

EOIR's Troubling New Regulations - Jeffrey S. Chase
Posted on 9 Jul 2019 by Daniel M. Kowalski

Jeffrey S. Chase, July 5, 2019 "On July 2, the Department of Justice published final regulations impacting how decisions of immigration judges will be reviewed, both on appeal to the Board of Immigration Appeals and by certification to the Attorney... Read More

Burgeoning Immigration Judge Workloads - TRAC
Posted on 23 May 2019 by Daniel M. Kowalski

TRAC, May 23, 2019 "The hiring pace for new judges continues to be insufficient to keep up with the Immigration Court's workload. As a result, the court's backlog continues to climb. While 47 new judges were hired during the first six months... Read More

NAIJ Nails EOIR: Facts vs. Fiction
Posted on 14 May 2019 by Daniel M. Kowalski

NAIJ, May 13, 2019 "National Assn. of Immigration Judges Say DOJ’s “Myths v. Facts” Filled with Errors and Misinformation DOJ Document Demonstrates the Need for an Independent Immigration Court Say Judges This month the Department... Read More

Rejection and Pushback for EOIR "Fact" Sheet
Posted on 13 May 2019 by Daniel M. Kowalski

In May 2019 EOIR posted this " MYTHS vs FACTS ABOUT IMMIGRATION PROCEEDINGS ." On May 13, 2019 a "Round Table" of former Immigration Judges and BIA members posted this reaction against EOIR "propaganda." Also on May 13... Read More

31 New Immigration Judges (EOIR, Mar. 18, 2019)
Posted on 23 Mar 2019 by Daniel M. Kowalski

EOIR, Mar. 18, 2019 "The Executive Office for Immigration Review today announced the investiture of 31 new immigration judges." Read More

Immigration Courts Getting Lost in Translation
Posted on 20 Mar 2019 by Daniel M. Kowalski

Joseph Darius Jaafari, The Marshall Project, Mar. 20, 2019 "Migrants often speak languages that are little known in the U.S. (except maybe in New York City): K’iche’ from Central America, Urdu from Pakistan, Creole from Haiti. American... Read More

It Was Her Dream to be an Immigration Judge...And Then it Wasn't
Posted on 14 Feb 2019 by Daniel M. Kowalski

Hamed Aleaziz, Buzzfeed News, Feb. 13, 2019 "Rebecca Jamil was sitting in a nondescript hotel ballroom in suburban Virginia when she realized that her dream job — being an immigration judge — was no longer tenable. It was June 11, 2018... Read More

Informal Poll re Immigration Judge Decisions
Posted on 7 Feb 2019 by Daniel M. Kowalski

Dear Readers, From time to time practitioners and clinicians will circulate IJ decisions on listservs and websites such as this one, www.bibdaily.com . The raw number per year is low, given the random, volunteer sourcing. If a publisher such as... Read More

Government shutdown claims immigration judge paychecks as morale hits "historic low"
Posted on 23 Jan 2019 by Daniel M. Kowalski

Kate Smith, CBS News, Jan. 23, 2019 "The nation's roughly 400 immigration judges are getting hit hard by the government shutdown: They're about to miss their second paycheck. About three-quarters have been furloughed and unable to work... Read More