Immigration Courts

Backlogs affect the immigration courts themselves. It is difficult as a judge to fairly adjudicate a case that is subject to multiple continuances over a period of years.

- Andrew R. Arthur, Resident Fellow in Law and Policy

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BIA Decision Will Streamline Asylum Application Process

Also, found no due process violation where removal hearing held via video teleconference

Topics: Immigration Courts

Non-Detained New York Immigration Courts Are Closed

Students in class, judges on recess in Gotham

Topics: Immigration Courts

BIA: 18 Years Is Too Long for Alien to Wait to Update His Address

Why there are almost 600,000 alien absconders, and a helpful PSA

Topics: Immigration Courts

Immigration Law Gets Less Dumb – For Now

AG Barr: An alien convicted of an aggravated felony has been convicted of an aggravated felony. Period.

Topics: Immigration Courts

Are Grounds of Removability 'Dumb, Dumb, Dumb'?

Yes. Also, 'We should avoid doing dumb things. Especially ones that are dumb.' But it's not that easy.

Topics: Immigration Courts, Criminal Aliens

Settlement Proves DOJ/DHS Need to Crackdown on 'Frivolous' Asylum Applications

Thanks to 'loophole', 'frivolity' is not always funny

Topics: Immigration Courts, Asylum

DHS/DOJ: Allow IJs to Skip Hearings Involving Legally Insufficient Protection Claims

Based on law and legal practice — including other EOIR regulations

Topics: Covid-19 and Immigration, Immigration Courts

DHS/DOJ: Empower Asylum Officers to Apply the Immigration Laws in Credible Fear

Cleaning up the mess that is the credible fear process; more could be done

Topics: Immigration Courts, Asylum

DHS/DOJ: Raise Credible Fear Standard for Statutory Withholding and CAT

A familiar burden of proof, and an overdue change

Topics: Immigration Courts, Asylum

Proposed Regulation: IJs Should Consider Precedent in Review of Negative Credible-Fear Determinations

Common-sense codification of current practice

Topics: Immigration Courts