Fair Procedures in Immigration Court

For far too long, immigration courts have failed to provide a fair, efficient and effective system of justice for noncitizens in this country. Through advocacy and litigation, the LAC has urged the adoption of laws and policies intended to ensure all noncitizens a meaningful opportunity to be heard. The LAC also has issued a number of practice advisories regarding immigration court and Board of Immigration Appeals procedures.

CASES | ADVOCACY | RESOURCES

CASES

Timeliness of BIA Appeal

Liadov v. Mukasey, No. 06-3522 (8th Cir. amicus brief filed Dec. 13, 2006) (arguing that the Board has authority to consider late-filed appeal in unique circumstances and that failure of a guaranteed overnight delivery service to deliver appeal on time constitutes such a “unique” circumstance). In a precedent decision, Liadov v. Mukasey, 518 F.3d 1003 (8th Cir. 2008), the court denied the petition for review.

ADVOCACY

Comments on the Immigration Adjudication Draft Report by the Administrative Conference of the United States (ACUS) (submitted February 13, 2012). The LAC commented on several issues addressed by the draft report, including representation, stipulated removal orders , prosecutorial discretion, video hearings, and the asylum clock. Read the draft report on the ACUS website.

Testimony submitted to the Senate Judiciary Committee for May 18, 2011 hearing, “Improving Efficiency and Ensuring Justice in the Immigration Court System.”

LAC Press Release: Senate Judiciary Committee Holds Key Hearing on Challenges Facing Immigration Courts

American Immigration Council's Immigration Impact Blog: Immigration Court Backlog Likely to Get Worse Before It Gets Better

Letter to the Department of Justice in response to request for comments regarding the Department’s review of its existing regulations (submitted March 31, 2011). The LAC urged the Department to withdraw the departure bar to motions to reopen; issue clear yet flexible rules governing ineffective assistance of counsel claims; initiate a rulemaking process to establish fair removal procedures for noncitizens with mental disabilities; and consider regulatory amendments that would remedy asylum clock problems.

Comments on the Executive Office for Immigration Review’s proposed rule on streamlining BIA cases (submitted Aug. 18, 2008).

RESOURCES

LAC Practice Advisory: BIA "Affirmance Without Opinion": What Federal Court Challenges Remain? (April 27, 2005). This Practice Advisory discusses the types of challenges to BIA affirmances without opinion that have failed and those that remain available.

LAC Practice Advisory: EOIR Background and Security Check Regulations (April 6, 2005). On April 1, 2005, EOIR's security check regulations went into effect. The interim rule bars immigration judges and the BIA from granting most forms of relief until DHS has informed them that security checks are complete. DHS is requiring applicants to mail copies of their applications to USCIS service centers to initiate the security check process. This Practice Advisory provides basic information about the requirements under the interim rule and highlights the major changes to the prior procedures.

LAC Practice Advisory: Objecting to Video Merits Hearings (December 12, 2003). This Practice Advisory discusses the problems arising from the use of video hearings, and suggests ways to protect the respondent's rights and move for in-person hearings where that strategy is selected.

LAC Practice Advisory: Practicing Before the BIA Under the "Procedural Reforms" Rule (January 10, 2003). The BIA's "procedural reforms" rule went into effect on September 25, 2002. This Practice Advisory highlights the changes made by that rule, which provides that most cases will be decided by a single BIA member, as opposed to three-member panels.