DOL, July 26, 2024 "On August 7, 2024, the Department of Labor will host a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the...
Atud v. Garland (unpub.) "Mathurin A. Atud petitions for review of a decision of the Board of Immigration Appeals (BIA) denying his motion to reopen removal proceedings based on alleged ineffective...
Shen v. Garland "Peng Shen, a citizen of the People’s Republic of China, applied for asylum, withholding of removal, and relief under the Convention Against Torture. An Immigration Judge ...
This document is scheduled to be published in the Federal Register on 07/25/2024 "On January 17, 2017, DHS published a final rule with new regulatory provisions guiding the use of parole on a case...
Lance Curtright reports: "After the 5th Circuit’s initial decision in Membreno, [ Membreno-Rodriguez v. Garland, 95 F.4th 219 ] my law partner Paul Hunker (a new AILA member!) reached out to...
CRS, Aug. 5, 2021
"Noncitizens who are charged by the Department of Homeland Security (DHS)with immigration violations may have their cases adjudicated during immigration court removal proceedings. Immigration courts operate within the Department of Justice’s Executive Office for Immigration Review (EOIR). During proceedings, immigration judges (IJs) determine whether noncitizens (i.e.,respondents) are removable (deportable), and if so, whether they are eligible for protection or relief from removal, such as asylum. Removal proceedings may involve multiple hearings. Respondents who fail to appear for any of their hearings may be ordered removed in absentia(i.e., in the respondent’s absence) by an IJ. The rate at which respondents fail to appear for their hearings has been a key measure that some have cited to support policy positions and legal decisions related to mandatory detention, border security, and asylum. Yet the method for measuring the in absentia rate has been debated, and there is wide variation in the rates cited by elected officials and reported in the media. This In Focus explains the legal requirements for in absentia removal orders, how EOIR calculates in absentia rates, how to interpret those rates, and an alternative method for calculating in absentia rates that some argue measures the rate more comprehensively by accounting for a large and growing number of pending cases. It also presents data on in absentia removal orders for asylum seekers."