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Posts Tagged ‘EOIR’

What Happens With Immigration Cases If There Is A Government Shutdown?

September 30th, 2013 No comments
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The short answer is it depends on which immigration-related branch is involved and what type of case it is. The various immigration related government entities (USCIS, ICE, Department of State, EOIR, Department of Labor, etc.) have not released much info regarding what will happen; however, a similar issue arose in 2011, and the contingency plans in place then may be instructive. The following is merely speculation and should not be relied upon as conclusive (but hopefully it helps).

USCIS: Many USCIS functions will continue, because USCIS is primarily funded by filing fees rather than appropriations. E-Verify might shut down.

Department of Labor: The DOL is funded by appropriations; therefore, many tasks will be put on hold and some workers will be furloughed. DOL will not process labor condition applications, audit responses, prevailing wage determination applications, applications for temporary or permanent employment certification. The DOL iCert Visa Portal System would be inoperable as well.

Executive Office of Immigration Review: Other than the detained docket, most EOIR functions would likely cease due to a shutdown. This was the plan in 2011.

Immigration and Customs Enforcement: ICE attorneys will continue to work on detained docket cases; however, other cases will not be considered essential and will cease during the shutdown.

Department of State: Visa processing will not continue unless it is a “life or death” matter.

Customs and Border Protection: Borders will remain open during a shutdown; however, it is not clear if applications eligible to be processed at the border will be handled during a shutdown. Inspection and law enforcement are considered essential personnel and will continue to work.

 

Obama Announces Plans to Halt Deportation Court Cases

March 30th, 2012 No comments
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The Department of Homeland Security (DHS) and Executive Office for Immigration Review (EOIR) today announced its plans to expand backdoor amnesty.  Beginning in late April, DHS will suspend all non-detained dockets for illegal immigrants in four additional jurisdictions, as it previously did in Baltimore and Denver, for two weeks.  These jurisdictions include Detroit, New Orleans, Orlando, and Seattle.  In May, DHS will partially suspend the non-detained docket in New York City and then in July, it will implement the same procedures in San Francisco and Los Angeles.

This means that DHS intends to solely focus on detained cases in these jurisdictions, meaning those who come to the attention of law enforcement.  But if the illegal or criminal immigrant bonds out of jail, they can be put on the non-detained docket and could potentially remain in the U.S.  This decision is just another part of the Obama administration’s plan to grant administrative amnesty to potentially millions of illegal immigrants.

If you or a loved one is in immigration court in Los Angeles or San Diego, contact The Nunez Firm to schedule a free consultation.

Backlog for Deportation Cases in Immigration Court Continues to Climb

August 2nd, 2011 No comments
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Although the U.S. continues to pour money into immigration enforcement and detention, the resources necessary for the immigration court system (Executive Office of Immigration Review) to keep up with enforcement have not been sufficient.

A record number of immigration cases—275,316 as of May 2011—are in the Immigration Court backlog. In four months, the case backlog grew 2.8%, and it has grown 48% since Fiscal Year 2008.

The case backlog grew despite record-breaking hiring of immigration judges in the last 12 months. Forty-four new judges were hired. However, because of federal budgetary restrictions on hiring, recruitment efforts have been cut short, and the number of immigration judges may actually decrease because approximately 10 immigration judges per year retire or otherwise leave the bench. Fewer judges and enhanced enforcement efforts will very likely result in larger case backlogs.

Currently, the average wait time for a deportation case is 482 days, but in some states, the wait time is much longer. In California, the wait is 660 days, up from 639 four months ago. In Massachusetts the average wait is 617 days, and in Utah, the average is 537 days.

Three New Immigration Judges to Begin in the Los Angeles Immigration Court in 2011

December 25th, 2010 No comments
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David Neumeister, Immigration Judge, Los Angeles Immigration Court
Attorney General Eric Holder appointed Judge Neumeister in December 2010. Judge
Neumeister received a bachelor of arts degree in 1973 and a master of arts degree in English in
1978, both from California State University, Dominguez Hills and a juris doctorate in 1980 from
Southwestern University School of Law. From 1980 to December 2010, he was in private
practice in Bakersfield, Calif., exclusively practicing immigration law since 1982. Judge
Neumeister is a member of the State Bar of California.

Lee A. O’Connor, Immigration Judge, Los Angeles Immigration Court
Attorney General Eric Holder appointed Judge O’Connor in December 2010. Judge
O’Connor received a bachelor of arts degree in 1981 from the University of California, Berkeley,
and a juris doctorate in 1984 from Loyola Law School, Los Angeles. From 1999 to December
2010, he was the directing attorney of the Immigrants’ and Language Rights Center at Indiana
Legal Services Inc. From 1994 to 1999, he was senior attorney for the Legal Aid Society of San
Diego, Inc. During that time, Judge O’Connor was a judge pro tem for the San Diego Municipal
Court. From 1998 to 1999, he served as an adjunct professor of immigration law in the paralegal
program at Southwestern Community College, Chula Vista, Calif. From 1988 to 1994, he was a
staff attorney for the Neighborhood Legal Services of Los Angeles County, Inc. During that
time, from 1993 to 1994, Judge O’Connor was a judge pro tem for the Los Angeles Municipal
Court. From 1985 to 1988, he was staff attorney for the Center for Human Rights and
Constitutional Law in Los Angeles. From 1984 to 1985, Judge O’Connor was an associate with
Overland, Berke, Wesley, Gits, Randolf & Levanas in Los Angeles. Judge O’Connor is a
member of the State Bar of California and the Indiana State Bar.

Rachel A. Ruane, Immigration Judge, Los Angeles Immigration Court
Attorney General Eric Holder appointed Judge Ruane in December 2010. Judge Ruane
received a bachelor of arts degree in 1997 from Wesleyan University and a juris doctorate in
2001 from Emory University School of Law. From October 2003 to December 2010, she served
as deputy chief counsel for the Department of Homeland Security, Immigration and Customs
Enforcement, Office of the Chief Counsel in Los Angeles, Calif. From 2002 to 2003, she was an
attorney advisor for the Department of Justice, Executive Office for Immigration Review (EOIR)
in Los Angeles, Calif. From 2001 to 2002, she worked as a judicial law clerk for EOIR in
Boston. Judge Ruane is a member of the State Bar of Massachusetts.

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