The American Immigration Council and
the American Immigration Lawyers Association recently filed a formal complaint
with the U.S. Department of Justice and the Executive Office of Immigration
Review (EOIR) about the judges at the El Paso Servicing Center. In their
complaint, the lawyers state that the bias of these judges against their
clients is preventing them from having fair hearings. The complaint relies
heavily on statistics on the approval of asylum petitions at this location.
In FY 2017, the judges in the El Paso
court approved only four of the 92 asylum cases that it heard, which is an
approval rate of 4.5%. In FY 2016, the judges in this location approved asylum
in three out of 133 cases. The nationwide average for the approval of asylum
petitions by immigration courts is 40%.
The complainants also state that the
judges are openly rude and hostile to their clients, treating them all with
contempt. Furthermore, the judges have imposed an arbitrary 100-page limit on
evidence in support of asylum claims and now require that all evidence be
submitted prior to even scheduling a hearing. This requirement places a
hardship on these immigrants, who often must request written documentation from
their distance home countries. As a result, immigrants must either proceed and
request a trial date based on the evidence they already have, or wait for more
evidence, which only prolongs the court date and their detention, which may
Furthermore, Judge Abbott rarely grants bonds in asylum cases, which gives these immigrants little access to counsel, even by pro bono attorneys. While about 66% of non-detained individuals have the benefit of attorney representation, only about 14% of detained immigrants have an attorney. In assessing whether to grant bond, Abbott reportedly considers the strength of the immigrants’ asylum claim rather than assessing whether immigrants are flight risks or dangers to the community. Our Texas immigration lawyers are here to offer you the experienced legal representation and advice that you need in order to resolve your immigration law matter. We can act as your guide through the complicated immigration process to obtain the relief that you are seeking. Call our office today and learn about the type of assistance we can offer you.
The director of the
Executive Office for Immigration Review (EOIR) recently issued a policy
memorandum that is designed to address “dark” or unused courtrooms in
immigration courts nationwide. The policies outlined in this memorandum were to
take effect May 1, 2019.
The memo noted that
as of July 2017, more than 100 immigration courtrooms were not in use on Fridays.
The director attributed these “lost opportunities” to delays in hiring more
judges and overlapping alternative work schedules. The memo goes on to set
forth various policies for ensuring that all available courtrooms are being
used every day during normal operating hours.
the director stated that EOIR would take the appropriate steps to address gaps in
court scheduling so that they no longer exist, well in advance of any planned
hearings. Nonetheless, the director went on to formalize the policy that there
should never be an unused court room any day of the week during normal business
hours, unless there a judge is unavailable. If judges are not physically
available, the director continued, then they should be made available by video
The memo also informs immigration court judges that those with small dockets may be reassigned to hear cases in other courts with heavier dockets, either in person at nearby courts or via VTC. EOIR also may reassign cases permanently to other courts that have less of a backlog of cases. Judges must hear a sufficient number of cases to ensure that they meet the previously announced performance measures of closing a certain number of cases per year. Furthermore, if an immigration judge continues a hearing more than 30 days prior to the hearing date, then they should make sure that another hearing fills that empty spot in the court schedule. Supervisory immigration judges also are to hear cases at least a minimum number of days per month to help address the dark courtroom issue. In fact, if an immigration judge is not using a courtroom due to administrative duties, then the courtroom should be filled by supervisory judges, judges via VTC, or recently retired immigration judges, some of whom are still hearing cases.
No matter the type of immigration issue you are facing, the skilled and knowledgeable immigration lawyers of Peek & Toland are here to assist you. We handle many different types of immigration cases every day and have the kind of strategic experience and skills that are necessary to reach the desired outcome. By calling our office as quickly as possible after your legal issue arises, we will have the best opportunity to successfully resolve your immigration law case.
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