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...
Erika Williams, CNS, Jan. 25, 2022
"A three-judge panel of the Fourth Circuit heard arguments Tuesday over a Trump-era rule that immigration judges say continues to violate their freedom to speak out about government policies on their own time. Immigration judges challenged a policy requiring a sub-agency of the U.S. Justice Department, the Executive Office of Immigration Review, to preapprove judges’ requests to express their opinions on immigration policies and other matters through published writing or speaking at public events in their personal capacities. The National Association of Immigration Judges, a union representing nearly 500 immigration judges, filed the federal lawsuit in the Eastern District of Virginia. Seeking a preliminary injunction to block the policy, the NAIJ asserted that the policy was vague and violated the First Amendment right of immigration judges to speak publicly in their personal capacities about important issues and concerns. Senior U.S. District Judge Liam O'Grady, a George W. Bush appointee, denied the union's request for an injunction in August 2020, finding that the court was divested of jurisdiction over the constitutional claims under the Federal Service Labor-Management Relations Statute. That ruling prompted the NAIJ's appeal to the Richmond-based Fourth Circuit. “This case is about a sweeping prior restraint on the speech of federal immigration judges. For over two years now, the agency has banned judges from speaking as private citizens about immigration law or policy or about the court system they administer,” said attorney Ramya Krishnan of the Knight First Amendment Institute, who represented NAIJ during oral arguments on Tuesday."
[The case is NAIJ v. Neal, CA4 No. 20-1868.]