LexisNexis® Legal Newsroom
237(a)(1)(H) "Otherwise Admissible" Victory at NYC Immigration Court

Disha Chandiramani writes: "Attached is a recent decision I received from IJ Van Wyke at 26 Federal Plaza. The case was regarding 237(a)(1)(H) eligibility for an non citizen who entered without inspection, but who purchased an I-94 and adjusted in the U.S. The point of contention was whether she...

Immigration Court: BNP Not a Terrorist Organization

Matter of X-, July 7, 2015, Immigration Judge Dorothy Harbeck, Elizabeth, NJ Immigration Court - "Respondent is seeking asylum on account of his political opinion, as a member of the Bangladesh Nationalist Party ("BNP"). On March 2, 2015, DHS submitted a legal memorandum and evidence...

On the Border of Justice: Heavy Burdens and Unfair Fights in Immigration Courts

This six-part series reveals many sad truths about our immigration court system: Heavy Burdens and Unfair Fights in Immigration Courts By Batya Ungar-Sargon | December 17, 2015 Far from the debate over immigration on the campaign trail, the reality of U.S. policy plays out in immigration...

Immigration Court Backlog Bounces Thousands of Cases to Late 2019

Leif Reigstad, Houston Press, Feb. 10, 2016 - "Houston immigration attorney John Nechman used to wear a suit to work practically everyday because he was always in court. But things drastically changed about a year-and-a-half ago, when all of his removal cases scheduled to be heard in Houston's...

Average Wait Time in Immigration Court Rises to 667 Days: TRAC

TRAC, Feb. 12, 2016 - " As of the end of January 2016, open cases in U.S. Immigration Court have been waiting for an average of 667 days, a new high. This is 3.7 percent longer than the 643 days average wait time at the end of FY 2015 (September 2015) and is 17.6 percent higher than it was at the...

DOJ Judge: 3-Year-Olds Can Represent Themselves in Immigration Court

Jerry Markon, Washington Post, Mar. 4, 2016 - "A senior Justice Department official is arguing that 3- and 4-year-olds can learn immigration law well enough to represent themselves in court, staking out an unconventional position in a growing debate over whether immigrant children facing deportation...

A Toddler Represents Herself in Immigration Court...With Predictable Results

A DOJ Assistant Chief Immigration Judge thinks very young children can be trained to represent themselves in Immigration Court. Austin, Texas immigration attorney Kate Lincoln-Goldfinch tested this theory on her own daughter, Nora. Here are the results . See also: Experts Weigh In On Judge Weil...

Competency Decision in Immigration Court - Julia McLawsen, Ph.D.

Julia McLawsen, July 1, 2016 - "Immigration law recognizes that a foreign national must be competent to face removal (i.e., deportation) proceedings. When a respondent lacks competence, however, proceedings do not cease. Rather, the immigration judge is instructed to implement “safeguards”...

Immigration Court Docket Backlog Cracks 500,000 Mark

Adolfo Flores, Buzzfeed News, July 20, 2016 - "The backlog of immigration court cases has ballooned to an all-time high of more than 500,000, a number fueled by unaccompanied minors and families from Central America, officials said Wednesday. The Executive Office for Immigration Review (EOIR) said...

Immigration courts in prisons raise issues of due process, public access

TribLIVE, July 31, 2016 - "Raymond Lahoud stood before a judge in a federal immigration court here, arguing why he needed his client's son inside the courtroom. Marco Davilla, an Ecuadorian immigrant, had been accused by his ex-wife of assaulting his 12-year-old son. The son had told Lahoud...

It’s Children Against Federal Lawyers in Immigration Court

Fernanda Santos, New York Times, Aug. 21, 2016 - "Every week in immigration courts around the country, thousands of children act as their own lawyers, pleading for asylum or other type of relief in a legal system they do not understand. Suspected killers, kidnappers and others facing federal felony...

New Findings for Individuals Released on Bond in Immigration Court - TRAC (Sept. 14, 2016)

TRAC, Sept. 14, 2016 - " Court records show that at least half - and in some years upwards of two-thirds - of those who have been proposed by the Department of Homeland Security (DHS) for deportation in the Immigration Courts are held in ICE detention facilities. The records further show that...

TRAC: Priority Cases Overwhelm Immigration Court's Capacity to Handle

TRAC, Sept. 15, 2016 - " The number of judges continue to prove insufficient to handle the growing backlog in the Immigration Courts. The problems are particularly acute for handling even priority cases like those involving unaccompanied children and women with children according to the latest court...

Many Unrepresented Families Quickly Deported Via 'Rocket Docket" - TRAC

TRAC, Oct. 18, 2016 - "When families initially do not have an attorney to represent them, disposing of their cases quickly may prevent them from locating an attorney. Yet whether or not the family is represented is the single most important factor in whether families ultimately will win their case...

Immigration Court's Rising Backlog Now at 521,676 Cases - TRAC

TRAC, Nov. 9, 2016 - " The latest Immigration Court data show the growth in the court's crushing backlog of cases continued through the first month of FY 2017. During the month of October, the court's backlog rose by 5,645 cases, and reached 521,676. In California, the backlog rose to a...

Latest Asylum Denial Rates for Each Immigration Court Judge - TRAC

TRAC, Nov. 10, 2016 - " TRAC has just published the ninth in its long running series of reports covering each Immigration Judge's decisions on asylum cases. The latest report series consists of 268 separate reports and includes each Immigration Judge who decided at least 100 asylum cases between...

Federal Judge Orders U.S. to Reform Immigration Bond Practice - Hernandez v. Lynch

ACLU, Nov. 11, 2016 - "A federal judge has issued a preliminary injunction ordering U.S. officials to implement substantial reforms in their system for setting bail bonds to ensure that immigrants are not detained merely based on their poverty. The ruling, issued late Thursday by Judge Jesus...

America's Toughest Immigration Court

Christie Thompson, Dec. 12, 2016 - "Stewart, and the adjoining immigration court that determines the fate of all its detainees, has the highest deportation rate in the country. That’s in part because the detainees at Stewart are among the least likely to find an immigration attorney. Lawyers...

Immigration Court Priority Family Case Backlog Surpasses 100,000 - TRAC

TRAC, Jan. 17, 2017 - "The number of judges is still insufficient to handle the growing backlog in the Immigration Court. The court's crushing workload reached a record-breaking 533,909 pending cases as the court closed out calendar year 2016, up 4.2 percent in just the last four months. ...

EOIR OCIJ Memo: Case Processing Priorities (Jan. 31, 2017)

EOIR, Jan. 31, 2017 - "This memorandum serves to rescind the February 3, 2016, memorandum ("Revised Docketing Practices Relating to Certain EOIR Priority Cases") and the March 24, 2015, memorandum ("Docketing Practices Relating to Unaccompanied Children Cases and Adults with Children...

EOIR Posts New Hearing Location Details

EOIR, Mar. 17, 2017 - "As EOIR continues implementation of President Trump’s January 25th Executive Orders, immigration judges will begin to serve details to six locations on March 20th. Immigration judges in these six locations – Dilley, Texas; Jena, La.; Karnes City, Texas; Laredo...

Seattle Non-Profit Sues Feds over 2008 Representation Rules: NWIRP v. Sessions

NWIRP, May 8, 2017 - "Northwest Immigrant Rights Project filed a lawsuit in federal district court challenging an order from the Department of Justice instructing NWIRP to “cease and desist” from assisting unrepresented immigrants in deportation proceedings. The DOJ letter purports to...

FBA Keynote Address by Paul W. Schmidt - "Life at EOIR: Past, Present and Future"

LIFE AT EOIR – PAST, PRESENT, AND FUTURE By Paul Wickham Schmidt, Retired U.S. Immigration Judge Keynote Address, Federal Bar Association 2017 Immigration Law Conference, Denver, CO, May 12, 2017 "...My speech is entitled: “Life At EOIR, Past Present, and Future.” I will...

The Airport Lawyers Who Stood Up to Trump Are Under Attack

Rachel B. Tiven, The Nation, May 21, 2017 - "While the country has been fixated on President Trump’s firings, leaks, and outbursts involving the Department of Justice, that agency has itself been stealthily attacking our democracy by telling good lawyers to stop representing people. Four weeks...

Why New York's Immigration Court Is Even Busier, With Fewer Judges, Under Trump

Beth Fertig, WNYC, June 5, 2017 - "There are 29 immigration judges assigned to court rooms in the Federal Building in Lower Manhattan. But as the number of pending cases grew from about 70,000 in January to nearly 80,000 this spring, more and more people have been coming to court only to discover...