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

Posted on May 22, 2019 by Mike Baker

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

Federal Courts to Continue Funded Operations Until January 25

Posted on January 19, 2019 by Mike Baker

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

Posted on December 30, 2018 by Mike Baker

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

Posted on December 30, 2018 by Mike Baker

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

CBP Releases Statistics Showing Increasing in Credible Fear Claims During Fiscal Year 2018

Posted on December 14, 2018 by Mike Baker

On December 10, 2018, U.S. Customs and Border Protection (CBP) released statistics regarding claims of fear by those who are determined to be inadmissible at ports of entry, or apprehended along the border, by U.S. Border Patrol agents. In recent … Continue reading →

Posted in Asylum, Credible Fear, Customs and Border Protection (CBP) | Leave a comment