Visa Lawyer Blog

Articles Posted in EOIR

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judge-3008038_1280This week, the Justice Department announced that it has hired 36 new immigration judges — 11 permanent and 25 temporary — for the Executive Office for Immigration Review (EOIR), a key agency that handles immigration court proceedings in deportation cases.

What’s happening?

The hiring comes after several months of layoffs among immigration judges occurring earlier this year. In the past 10 months, EOIR fired more than 125 judges, causing delays in immigration court proceedings across the country.

The courts in Massachusetts and Illinois were among the most affected by these departures. The good news is these newly hired judges will begin serving across 16 states nationwide.

Who are the new judges?

  • The permanent hires largely come from federal‑government backgrounds: some from EOIR itself, some from the Department of Homeland Security (DHS), and others who previously trained agents or worked as asylum officers.
  • The temporary hires include military attorneys drawn from the Marines, Navy, Air Force, and Army.
  • These changes accompany a modification in DOJ policy that lowers the qualification requirements for temporary judges—prior immigration law experience is no longer mandatory.

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prison-370112_1280A new lawsuit filed by a man detained in San Diego, California, is challenging the controversial practice of courthouse arrests by U.S. Immigration and Customs Enforcement (ICE) taking place in recent months. The case could offer critical insight into the government’s approach in making these arrests. (A.M. v. Larose (3:25-cv-01412))

The man identified in court filings as A.M. is seeking asylum in the United States after being subjected to torture in his home country from his human rights advocacy. On June 3, he arrived for what he believed would be a routine immigration court hearing but was shocked to find that the judge had dismissed his case and ICE agents were waiting outside, ready to arrest him and take him to Otay Mesa’s Detention Facility to eventually be deported.

Unfortunately, A.M.’s case is not unique. In recent months, the Trump administration has enforced a controversial policy in immigration courts to expedite deportations by instructing judges to swiftly dismiss cases, subjecting individuals to expedited removal without giving them a meaningful opportunity to contest the government’s claims or consult attorneys.

This approach, detailed in a May 30 directive from the Executive Office for Immigration Review, encourages judges to grant oral motions to dismiss without the standard 10-day response period, effectively eliminating opportunities for individuals to contest their cases. Once dismissed, individuals are immediately eligible for expedited removal, making it possible for ICE officers to arrest them.

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We begin the start of a new week with more unpleasant COVID-19 related delays. If you planned to attend an immigration hearing before the Executive Office for Immigration Review (EOIR), you may find yourself out of luck.

The EOIR recently announced that beginning January 10, 2022, the agency has postponed non-detained, non-represented case hearings due to the surge in Omicron variant cases nationwide.

Individuals in immigration proceedings should be sure to maintain updated contact information with their immigration court to ensure they receive the latest news regarding the status of their immigration hearings.

Which hearings have been postponed by the court?

According to new information released by the EOIR regarding the latest status of hearings, the following types of cases have been postponed, while others are proceeding as scheduled.

Postponed/Rescheduled

  • Non-detained cases without a lawyer or other representative of record

Proceeding as Scheduled

  • Detained cases, including bond requests and custody redeterminations
  • Non-detained cases with a lawyer or other representative of record
  • Non-detained cases without a lawyer or other representative of record who wish to proceed
  • Cases of individuals outside the U.S. who are enrolled in the Migrant Protection Protocols
  • Non-detained individuals without a lawyer or other representative of record should not appear for any hearing scheduled through January 31, 2022.

Will I receive a notice of postponement from the Court?

The EOIR will mail notices to all parties affected by these postponements, however some parties will not receive the mailed notice of postponement or rescheduling in advance of hearings scheduled before January 15, 2022.

Where can I find more information about postponed hearings?

If you have questions or are uncertain whether your hearing has been postponed, please check the Automated Court Information System online or at 800-898-7180 (TDD: 800-828-1120) or call the immigration court handling your case.

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The government shutdown has now entered its 13th day with no agreement in sight between the President and lawmakers to settle government funding for the President’s wall along the U.S./Mexico border.

Today, January 3, 2019, the President awoke to a newly convened House of Representatives, now controlled by the Democratic party. The Speaker of the House, Nancy Pelosi, is now seeking to pass legislation to re-open the government but will be unable to do so without support from the Republican-led Senate.

Republican Senate Majority Leader Mitch McConnell stated that the Senate would not vote to pass any legislation that did not concede to the President’s demands to fund the wall.

The President tweeted Wednesday evening his willingness to continue talks with Democrats “to pass a bill that secures our borders, supports the agents and officers on the ground, and keeps America safe.”

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