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Immigration Law

EOIR PM 21-05: Enhanced Case Flow Processing in Removal Proceedings

EOIR, Nov. 30, 2020, eff. Dec. 1, 2020

"As part of its continued commitment to ensuring efficient and fair adjudications and that each alien with a claim to relief or protection from removal receives a hearing in a timely manner, EOIR is implementing a new case flow processing model for non-status removal cases involving non-detained aliens with representation. ... [fn 1. This model will not apply to cases of detained aliens, aliens not placed in removal proceedings (whose removability is already established and who are also generally detained), and aliens proceeding pro se. Further, this model will not apply to cases that have been appropriately placed on a status docket—e.g. a case of an unaccompanied alien child with an asylum application pending before the Department of Homeland Security (DHS). ... Immigration Judges retain discretion to deviate from this model as appropriate.] ... Nothing in this PM limits an Immigration Judge’s independent judgment and discretion in adjudicating cases or an Immigration Judge’s authority under applicable law."