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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DOJ: Immigration Court Asylum Grants Plummet

Credit policy changes under Trump II and blame a lack of initial screening under Biden

Topics: Immigration Courts, Asylum

BIA States the Obvious: Admitting You Lied in the Past Doesn’t Make You Credible Today

Appellate board gives a quick tutorial on how IJs should make credibility determinations — and how not to.

Topics: Immigration Courts, Visa Fraud, Asylum

California Federal Judge Bars ICE from Immigration Court Arrests

Except the INA requires immigration enforcement in immigration court

Topics: Immigration Courts, California, Immigration and Customs Enforcement (ICE)

Federal Judge Vacates Biden Administration ‘Quiet Amnesty’ Rule

The average time a removal case is ‘administratively closed’ is 18 years, but the clock has now restarted on all of them

Topics: Biden Border Crisis, Immigration Courts, Amnesty and Comprehensive Immigration Reform

BIA: Consider Aliens’ Crimes, Not Just their Convictions, in Exercising the AG’s Discretion

A brief history of statutory largesse and statutory complexities

Topics: Immigration Courts, Criminal Aliens

SCOTUS’s ‘Immigration Judge’ Opinion Has Little to Do with Immigration

Except to the degree it does: ‘Federal courts are not “roving commissions,” licensed to “sally forth each day looking for wrongs to right.”’

Topics: Immigration Courts, Supreme Court Decisions on Immigration Policy

Trump II Boosts Immigration Judge Hiring to Alleviate the ‘Chokepoint’ in Our Immigration System

‘Largest Class in Agency’s History’, but the question is how well those resources are apportioned, and for how long

Topics: Immigration Courts

DOJ: Asylum Applicants Are Skipping Immigration Court at Record Levels

Their goal all along was work permits, not protection

Topics: Biden Border Crisis, Immigration Courts, Asylum

Ninth Circuit (!) Finds Alien Not Deprived of ‘Due Process’ When Served English-Language Notice

Uncommon common-sense ruling

Topics: Immigration Courts, Attrition and Enforcement

Appellate Board Puts Adjudicators on Notice in ‘Torture’ Case

The standards for ‘CAT deferral’ are rigorous and adjudicators should avoid allowing ‘unsupported inferences’ to take the place of evidence

Topics: Immigration Courts