Immigration Courts

Three-Year-Old Immigrant Child Released After Two Years of Detention

Three-Year-Old Immigrant Child Released After Two Years of Detention

An immigration judge ordered the immediate release of a three-year-old immigrant child and his mother from a detention center in rural Pennsylvania on Monday, stating that it was one of the most sympathetic cases for release he had encountered in his career. The child’s release marks what will hopefully be a positive turn for immigrant […]

Continue Reading

Government Moves to Curb Non-Citizens’ Ability to Get More Time to Prepare for Hearings

Government Moves to Curb Non-Citizens’ Ability to Get More Time to Prepare for Hearings

In a move to reduce the number of times immigration judges reschedule immigration hearings, the Executive Office for Immigration Review (EOIR) recently issued guidance suggesting judges should change practices regarding “continuances.” A continuance, which only may be granted for “good cause,” is a critically important option for individuals who seek a level playing field in […]

Continue Reading

Data Shows Prosecutorial Discretion Grinds to a Halt in Immigration Courts

Data Shows Prosecutorial Discretion Grinds to a Halt in Immigration Courts

The Department of Justice (DOJ) announced last month that it now has hired 326 immigration judges, 53 more judges than July 2016, yet during that time the immigration court backlog has grown. According to new data released by the Transactional Records Access Clearinghouse (TRAC) the reason for this may be due to the fact that […]

Continue Reading

Court Rules That Immigration Authorities May Not Deny Bond Hearings to Children

Court Rules That Immigration Authorities May Not Deny Bond Hearings to Children

The Ninth Circuit Court of Appeals delivered a strong rebuke to the government’s years-long effort to strip detained immigrant children of the right to a bond hearing in immigration court. The 3-0 decision, authored by Judge Reinhardt on Wednesday, came in a case involving the 1997 Flores settlement which requires the government to comply with […]

Continue Reading

Why Are the Immigration Courts So Backlogged? Government Findings May Surprise You

Why Are the Immigration Courts So Backlogged? Government Findings May Surprise You

Anyone familiar with the immigration system knows that the immigration courts have an enormous backlog which has persisted—and grown—for more than a decade. As of April 2017, the immigration court backlog topped 585,930 cases, more than double the pending cases in fiscal year (FY) 2006 (212,000). The immigration court backlog means that many people wait […]

Continue Reading

Federal Court Blocks DOJ’s Attempt to Restrict Access to Legal Assistance

Federal Court Blocks DOJ’s Attempt to Restrict Access to Legal Assistance

On Wednesday, a federal court in Seattle issued a nationwide temporary restraining order allowing nonprofits to continue to provide limited legal assistance to immigrants without being forced to formally represent them in immigration court. The order was issued in a lawsuit brought by the Northwest Immigrants Right Project (NWIRP) after it received a “cease and […]

Continue Reading

Sessions Reveals Plan to Ramp up Prosecutions of Low Level Immigration Offenses

Sessions Reveals Plan to Ramp up Prosecutions of Low Level Immigration Offenses

Attorney General Jeff Sessions announced a shift in policy for the Department of Justice on Tuesday, directing U.S. Attorneys to prioritize criminal immigration enforcement and drastically expand federal court prosecutions of immigration violators across the nation. Operation Streamline and other border enforcement programs—where some border crossers are referred by Customs and Border Protection (CBP) to […]

Continue Reading

The Sad State of Atlanta’s Immigration Court

Written by on March 10, 2017 in Immigration Courts with 5 Comments
The Sad State of Atlanta’s Immigration Court

The Atlanta immigration court is known as one of the worst places to be in deportation proceedings. For years, the judges have been accused of abusive and unprofessional practices and the denial rate of asylum applications alone is 98 percent. The latest effort to document this phenomenon comes from Emory Law School and the Southern […]

Continue Reading

Attorney General Sessions’ First Orders of Business on Immigration

Written by on February 9, 2017 in Enforcement, Immigration Courts with 0 Comments
Attorney General Sessions’ First Orders of Business on Immigration

Jeff Sessions was confirmed as Attorney General this week by a vote of 52-47, following a very contentious confirmation process. As Attorney General and head of the Department of Justice (DOJ), Sessions will oversee key immigration-related functions. The three recently issued executive orders on immigration give the Attorney General  specific directives and are likely to […]

Continue Reading

New Immigration Court Directive Could Weaken Due Process

Written by on February 3, 2017 in Due Process & the Courts, Immigration Courts with 0 Comments
New Immigration Court Directive Could Weaken Due Process

The Trump administration released a memorandum this week–effective immediately–which orders the Department of Justice Executive Office for Immigration Review (which manages the immigration courts) to prioritize deportation hearings for certain groups, including any non-citizens who are detained and unaccompanied children who do not have a sponsor.  The memo rescinded preexisting immigration court priorities from early […]

Continue Reading

Top