Category: Court
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THE BIA SAYS THAT A NOTICE GOING TO THE SPAM FOLDER DOES NOT EXCUSE FAILURE TO COMPLY
Matter of John ARCINIEGAS-PATINO, 28 I&N Dec. 883 (BIA 2025) Where parties were properly served with electronic notice of the briefing schedule, arepresentative’s failure to diligently monitor the inbox, including the spam folder, of theemail address of record does not excuse a party’s failure to comply with briefing deadlines. In the case Matter of John…
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FINAL RULE ON ADMINISTRATIVE CLOSURE & TERMINATION OF PROCEEDINGS
On July 29, 2024, a new Executive Office of Immigration Review (EOIR) Final Rule, Efficient Case and Docket Management in Immigration Proceedings, went into effect. The rule codifies the authority of immigration judges (IJ) and the Board of Immigration Appeals (BIA) to administratively close and terminate removal proceedings. The new rule can be found in its entirety in the…
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EOIR Launches Respondent Access Portal
On July 2, 2024, EOIR sent out a Stakeholder Update by email announcing the launch of the Respondent Access Portal. Per the announcement, this will be a phased enrollment which will allow unrepresented respondents to access the Electronic Record of Proceedings for their Immigration Court (EOIR) case. This will make it much easier for unrepresented…
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SCOTUS Limits Ability To Reopen & Rescind In Absentia Removal Orders
The Supreme Court issued a decision limiting the ability of noncitizens to reopen and rescind in absentia orders of removal issued against them in their June 14, 2024 decision, Campos-Chaves v Garland, 602 U.S. ___ (2024). The relevant portions of the Court’s decision are quoted below. You can read the entire decision at the Supreme Court’s Website.…
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Percentage of Immigrants Represented by an Attorney in Immigration Court
The percentage of immigrants that are represented by an attorney in removal proceedings varies substantially from city to city. Regardless of location, most immigrants that are ordered removed are not represented. COURTS WITH HIGHEST PERCENTAGE OF REPRESENTED RESPONDENTS COURT % REPRESENTED Hawaii 56% California 49% New York 44% Virginia 43% Massachusetts 41% Nebraska 41% Pennsylvania…
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Check Your Immigration Court Case Status Online
Automated Case Status System Check the status of your EOIR case online. You can use the Automated Case Status System to find out the date & time of your next Immigration Court hearing, the location of your hearing, the Immigration Judge assigned to your case, and other important information about your case. You can find…
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Immigration Judge WebEx Links For Immigration Court (UPDATED 4/2024)
The table below has the Webex link for every Immigration Judge grouped by Court. Updated April 2024 with some additional IJ’s that were not on the prior list. HINT: Use Ctrl+F to search for IJ name. Arizona Eloy Immigration Court Judge Name Internet-Based Hearing Link ACIJ Irene C. Feldman (ICF) https://eoir.webex.com/meet/ACIJ.Feldman Robert Bartlemay Sr. (RCB) https://eoir.webex.com/meet/IJ.Bartlemay…
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EOIR “Experiencing Intermittent Systemwide Outages”
Today, March 21, 2024, the Executive Office of Immigration Review (EOIR) sent out an email at 5:40 p.m. EST stating: EOIR has been experiencing intermittent systemwide outages and is working to ensure the issues are fully resolved. We will provide updates as appropriate, but please contact your local court with questions. We will issue new Notices…
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Administrative Closure vs Termination vs Dismissal
Immigration removal proceedings may conclude with relief granted by the Immigration Judge or removal ordered. Cases may not reach conclusion for reasons such as eligibility for other immigration benefits or changes in circumstances, leading to prosecutorial discretion or legal motion to end proceedings. Termination, dismissal, and administrative closure are distinct ways to conclude proceedings, each…
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NY Immigration Courts Closed Tomorrow, February 13, 2024
Check the EOIR Operational Status Webpage EOIR Operational Status Update An email sent out by EOIR states that the Broadway, Varick Street, and Federal Plaza Immigration Courts in New York City will be closed tomorrow, February 13, 2024. The Boston, Elizabeth, Hartford, New York – Broadway, New York – Federal Plaza, New York – Varick, and Newark…
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An Incurable Notice to Appear
Matter of Aguilar Hernandez January 31, 2024, the Board issued a decision in Matter of Aguilar Hernandez, 28 I&N Dec. 774 (BIA 2024) finding: The Department of Homeland Security cannot remedy a notice to appear that lacks the date and time of the initial hearing before the Immigration Judge by filing a Form I-261 because…
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How to File a FOIA Request With The Immigration Court (EOIR FOIA Request)
How to use the Freedom of Information Act (FOIA) to get a copy of your Immigration Court documents. How to file a FOIA request with EOIR or the BIA.
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Comments
Thanks for sharing. I read many of your blog posts, cool, your blog is very good.
This saved me from an RFE. Thnx.