Author Archives: Mike Baker

CA7 finds that a deficient immigration court notice does not strip the immigration courts of authority to preside over the resulting removal proceedings

A new case from the U.S. 7th Circuit Court of Appeals denied termination under Pereira v. Sessions, but without validating the BIA’s 2-step approach which many circuit courts had upheld. The failure to follow a claim-processing rule is not a … Continue reading

Posted in CA7, Defective Notice to Appear, Jurisdiction, Motion to Terminate, U.S. 7th Circuit Court of Appeals | Leave a comment

BIA Precedent Decisions Volume 27 (3887 – ) Executive Office for Immigration Review 2017-

MIRANDA-CORDIERO, 27 I&N Dec. 551 (BIA 2019) ID 3953 (PDF) Pursuant to section 240(b)(5)(B) of the Immigration and Nationality Act, 8 U.S.C. § 1229a(b)(5)(B) (2012), neither rescission of an in absentia order of removal nor termination of the proceedings is … Continue reading

Posted in BIA, BIA Precedent Decisions, BIA Precedent Decisions Volume 25, BIA Precedent Decisions Volume 26, BIA Precedent Decisions Volume 27 (2017-) Executive Office for Immigration Review, BIA PRECEDENT TABLE, BIA Precedent Table-1995 to Present, Board of Immigration Appeals, EOIR, Executive Office for Immigration Review | Leave a comment

Federal Courts to Continue Funded Operations Until January 25

During the partial shutdown of the federal government, which began December 22, 2018, the Judiciary has continued to operate by using court fee balances and other “no-year” funds. As of January 16, 2019, the Administrative Office of the U.S. Courts … Continue reading

Posted in Federal Courts, partial shutdown of the federal government | Leave a comment

EOIR Issues Policy Memorandum Regarding Acceptance of NTAs by Immigration Courts and Use of Interactive Scheduling System

On December 21, 2018, Executive Office of Immigration Review (EOIR) Director James R. McHenry III issued PM 19-08, “Acceptance of Notices to Appear and Use of the Interactive Scheduling System,” which is intended to establish standards for the receipt of … Continue reading

Posted in Acceptance of NTAs by Immigration Courts | Leave a comment

Government Agencies Outline Effects of Government Shutdown On Their Operations

As of December 27, 2018, the federal government is in shutdown mode due to a stalemate regarding President Trump’s insistence that appropriations include funding for the building of a wall at the southern border of the United States. The Executive … Continue reading

Posted in Government Shutdown | Leave a comment