LexisNexis® Legal Newsroom
Kids Without Lawyers, Immigration Courts 'At The Point Of Implosion, Calendars In Complete And Utter Disarray'

"Newly released government data show an immigration court system under stress as judges face pressure to expedite deportation cases even as thousands of child migrants – many under 14 and with no grasp of English — are still without attorneys to represent them. The fast pace of arraignments...

In Two out of Three Pending Cases, Unaccompanied Children Have No Representation in Immigration Court: TRAC

"Unaccompanied children are represented by an attorney in only about one-third (32%) of 63,721 cases pending in Immigration Court as of October 31, 2014, according to the latest data obtained and analyzed by Syracuse University's Transactional Records Access Clearinghouse (TRAC). For cases decided...

States Sue Feds Over Immigration Executive Action

Seventeen states sued the U.S. in federal district court challenging President Barack Obama’s executive action on immigration. Texas, Alabama, Georgia, Idaho, Indiana, Kansas, Louisiana, Montana, Nebraska, South Carolina, South Dakota, Utah, West Virginia and Wisconsin are named plaintiffs, along...

A Child, an Immigration Hearing, and a Doctor's Testimony

"In New York and Los Angeles, partnerships between pediatricians, psychologists, and legal clinics help unaccompanied minors prepare for the courtroom." - Jenny Gold, The Atlantic, Dec. 8, 2014 .

In Immigration Court, 'Guardian Angels' Help Those Facing Deportation

"In the first row of the seating area, Maria Paiva quietly scribbles on a pad of paper. Dressed in a T-shirt that depicts an angel hovering over two small children, Paiva is here to record any inconsistencies in the court proceedings. While she watches, two other volunteers wearing matching shirts...

Dilley Cases Move from Denver to Miami

"the EOIR has announced that immigration cases arising out of the Dilley, Texas, immigration detention facility will no longer be heard by judges from the Denver Immigration Court. Rather, from here on out, Dilley cases will be reassigned to the Miami Immigration Court. What's the effect of...

Immigration Court Case Backlog Reaches Record High: Law360 / TRAC

Kelly Knaub, Law360, May 15, 2015 - " The backlog of immigration cases has hit an all-time high of 445,607, with California, Texas, New York, Florida and New Jersey being the top backlogged states, according to data obtained by Syracuse University research center Transactional Records Access Clearinghouse...

TRAC: Legal Representation Makes 14X Difference in 'Women with Children' Immigration Court Cases

"Results continue to show that the single most important factor in determining outcome is whether or not these individuals are represented in their court proceedings. For cases concluded thus far, the odds of being allowed to remain in this country were increased more than fourteen-fold if women...

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...