U.S. IMMIGRATION COURTS: LATEST JUDICIAL APPOINTMENTS SHOW MORE DIVERSE BACKGROUNDS — MORE SUPERVISORY JUDGES ASSIGNED TO LOCAL COURTS!

In what should be a positive development for all who care about the future of our U.S. Immigration Courts, Attorney General Jeff Sessions’s latest group of nine new U.S. Immigaration Judge appointees includes seven new judges with “outside” experience in either defending migrants or judging in other systems, or both.

Judge Katherine L. Hansen, Bloomington, MN, most recently served as a senior staff attorney at Iowa Legal Aid and also spent 12 years as a Michigan State District Court Judge.

Judge Jose A. Sanchez, Boston, spent the last 22 years as an Associate Justice for the Trial Court of Massachusetts.

Judge Christopher R. Seppanen, Cleveland, was a Supervisory Administrative Law Judge in Michigan for the past 15 years.

Judge Charlotte D. Brown, Harlingen, most recently spent seven years as a North Carolina State District Court Judge.

Judge Charles R. Conway, New York City, spent the last two years as a Supervising Attorney in the Immigration Unit of the Legal Aid Society in New York. Prior to that, he had his own immigration law practice and also was an Immigration Staff Attorney at Neighborhood Defender Services of Harlem.

Judge Maria E. Navarro, New York City, had been an attorney with the Legal Aid Society in New York for 21 years, the last nine years as a Supervising Attorney and ultimately Acting Attorney-in-Charge.

Judge Charles M. McCullough, San Antonio, served as the Senior Assistant Chief Industrial Appeals Judge in Washington State for the past 15 years.

Judge Patrick O’Brien, San Francisco, was an Assistant Chief Counsel for ICE in San Francisco for the past eight years.

Judge Joseph Y. Park, San Francisco, was the Deputy Chief Counsel for ICE in San Francisco for the past six years.

Additionally, EOIR announced that Judge Daniel Weiss has been appointed Assistant Chief Immigration Judge (“ACIJ”) in Dallas and Judge Clay Martin has been appointed ACIJ in San Antonio.

I have been a frequent critic of Sessions, his “over the top” rhetoric and actions on immigration enforcement, his undermining of important civil rights protections, and his previous record of appointing Immigration Judges solely from the ranks of government attorneys, almost all former prosecutors.

But, I have to say that this is one of the most diverse and well-balanced group of appointments that I have seen coming from an Attorney General in many years, including, for the most part, the Obama Administration.

I believe that having judges who have served in other systems and who have both defended and prosecuted migrants in the mix should generate some new perspectives and, hopefully, some practical, realistic solutions to the many problems facing the Immigration Courts on a daily basis.

I know that as a judge I always appreciated getting insights from my colleagues who came from different backgrounds and had different experiences and often different views on how to approach an issue. Sometimes, I tried out several approaches before finding the one that worked best in my courtroom.

My colleagues also frequently consulted me behind the scenes. I was happy to share perspectives I had gained as an appellate judge, private practitioner, Senior Executive, and professor. Indeed discussing legal and administrative issues “in chambers” with my colleagues and often our wonderful JLCs and legal interns was one of the highlights of the job, and certainly helped relieve the otherwise unrelenting stress of having people’s lives and futures in your hands continually. (We tried, not always successfully, to steer our daily lunch discussions away from “work” to topics like sports, politics, history, theology, family, travel, etc.)

I also applaud the decision to place more ACIJs in the local courts rather than at HQ in Falls Church. Hopefully, they will handle at least partial dockets to have a better idea of the reality facing their colleagues.

A continuous complaint from sitting Immigration Judges and Court Administrators has been OCIJ’s attempt to micromanage and solve problems “from afar.” Many times we thought or said to ourselves “if they were here doing cases they wouldn’t have to ask that question.” Over many years in many different legal positions, I have found that “working supervisors” who are actively involved in the substantive work of the office, and accessible to their colleagues, do far better in solving problems, and achieving respect and cooperation from their colleagues than those who remain “above the fray.” A leader, particularly among judges, is more likely to develop a timely and effective solution to a problem if she or he faces that very problem on a daily basis and gets constant input from colleagues.

Of course, as with most things, “the devil is in the details.” It depends on what the local ACIJ’s mission is. If he or she is there to work collectively with colleagues, staff, the local bar, and ICE to solve problems, improve due process, and serve as a resource for other courts and for OCIJ in developing sound nationwide policies that support and improve due process, that would be a very positive development. On the other hand, if the ACIJ is an “emissary from on high” sent to crack the whip and enforce unrealistic or inappropriate policies developed at the DOJ or OCCIJ without appropriate input from Immigration Judges and local stakeholders, that’s going to be a nasty failure that will actually make an already bad situation even worse.

The latest appointments list could well be a fluke. Some have suggested that it is just the function of most of the “outside” appointments in the “pipeline” being tied up with (unnecessarily) long background clearances which finally came through in group. If so, the appointments could return to the “insiders only” practice.

But, for the reasons I have outlined above, more diverse and balanced selections for the Immigration Judiciary would well-serve the courts, due process, and the public interest in fair and efficient hearings in U.S. Immigration Court.

By no means am I suggesting that a few outside appointments and local ACIJs can solve the dysfunction now gripping the U.S. Immigration Court system. Only an independent Article I U.S. Immigration Court can do that. But, more diverse judicial appointments and constructive local court management involving sitting judges would be small steps in the right direction.

I am republishing below the complete EOIR press release on the new appointments, giving more detailed information on their backgrounds and qualifications. Congratulations to each of the new U.S. Immigration Judges. Due Process Forever!

PWS

08-16-17

U.S. Department of Justice

Executive Office for Immigration Review

Office of the Director
5107 Leesburg Pike, Suite 2600 Falls Church, Virginia 22041

Contact: Office of Communications and Legislative Affairs

Phone: 703-305-0289 Fax: 703-605-0365 PAO.EOIR@usdoj.gov @DOJ_EOIR

www.justice.gov/eoir

Aug. 14, 2017

Executive Office for Immigration Review Swears in Nine Immigration Judges

FALLS CHURCH, VA – The Executive Office for Immigration Review (EOIR) has invested nine immigration judges to fill positions in Bloomington, Minn.; Boston; Cleveland; Harlingen, Texas; New York; San Antonio; and San Francisco.

The nine new immigration judges were selected from all qualified U.S. citizen applicants. Each must demonstrate appropriate temperament to serve as an immigration judge, and three of the following: knowledge of immigration laws and procedures, substantial litigation experience, experience handling complex legal issues, experience conducting administrative hearings, and knowledge of judicial practices and procedures.

Last Friday’s investiture brings the size of the immigration corps to 334. EOIR is continuing to employ its newly streamlined hiring process to reach its fully authorized level of 384 immigration judges. As the agency increases the number of immigration judges hearing cases, it is also expanding the number of supervisory immigration judges in the field. On Aug. 20, Daniel Weiss and Clay Martin will begin work as assistant chief immigration judges in Dallas and San Antonio, respectively.

Immigration judges preside over formal, quasi-judicial immigration court hearings and make decisions regarding the removability of aliens whom the Department of Homeland Security charges with violations of U.S. immigration law.

Biographical information follows.

Katherine L. Hansen, Immigration Judge, Bloomington Immigration Court

Attorney General Jeff Sessions appointed Katherine L. Hansen to begin hearing cases in August 2017. Judge Hansen earned a Bachelor of Arts degree in 1986 from Morningside College, a Juris Doctor in 1991 from Drake University School of Law, and a Master of Laws degree in 1997 from Wayne State University School of Law. From 2016 to 2017, she served as a senior staff attorney for Iowa Legal Aid. From 2004 to 2016, she served as a district court judge for Michigan’s 36th District Court, in Detroit, Mich. From 2000 to 2004, she served as an

Office of Communications and Legislative Affairs

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EOIR Swears in Nine Immigration Judges Page 2

assistant attorney general for the State of Michigan. From 1993 to 1999, she served as a member of the Michigan Employment Security Board of Review for the State of Michigan, in Lansing, Mich. Judge Hansen is a member of the Iowa and Michigan State Bars.

Jose A. Sanchez, Immigration Judge, Boston Immigration Court

Attorney General Jeff Sessions appointed Jose A. Sanchez to begin hearing cases in August 2017. Judge Sanchez earned a Bachelor of Arts degree in 1984 from Fordham University at Lincoln Center and a Juris Doctor in 1987 from Northeastern University School of Law. From 1995 to 2017, he served as an associate justice of the trial court for the Trial Court of Massachusetts, in Lawrence, Mass. From 1987 to 1995, he served as a trial attorney for the Committee for Public Counsel Services, in Cambridge, Mass. From 1976 to 1981, he served as an air traffic controller for the Federal Aviation Administration, in New York, N.Y. Judge Sanchez is a member of the Massachusetts State Bar.

Christopher R. Seppanen, Immigration Judge, Cleveland Immigration Court

Attorney General Jeff Sessions appointed Christopher R. Seppanen to begin hearing cases in August 2017. Judge Seppanen earned a Bachelor of Arts degree in 1990 from Alma College and a Juris Doctor in 1993 from the University of Kentucky College of Law. From 2002 to 2017, he worked for the State of Michigan, in Lansing, Mich., serving as a supervisory administrative law judge, 2002 to 2012; a deputy chief administrative law judge, 2012 to 2014; and a chief administrative law judge, 2014 to 2017. From 1997 to 2002, he served as an administrative law judge for the State of Michigan, in Manistee, Mich. From 1996 to 1997, he served as a trial attorney for the Office of Public Advocacy, in Alpena, Mich. Judge Seppanen is a member of the Michigan State Bar.

Charlotte D. Brown, Immigration Judge, Harlingen Immigration Court

Attorney General Jeff Sessions appointed Charlotte D. Brown to begin hearing cases in August 2017. Judge Brown earned a Bachelor of Arts degree in 1979 from The City University of New York, York College, a Juris Doctor in 1990 from St. John’s University School of Law, and a Master of Divinity in 2001 from Hood Theological Seminary. From 2009 to 2016, she served as a district court judge for North Carolina’s 26th District Court, in Charlotte, N.C. From 2001 to 2008 and previously 1994 to 1997, she was an attorney at Charlotte D. Brown, in Rockingham, N.C. From 1998 to 2001, she was an executive assistant to the president and general counsel at Livingston College, in Salisbury, N.C. From 1991 to 1992, she served as a public defender at the Public Defender’s Office, in Fayetteville, N.C. From 1990 to 1991, she was an associate attorney at Stroock, Stroock & Lavan, in New York, N.Y. Judge Brown is a member of the Connecticut, New York, and North Carolina State Bars.

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Office of Communications and Legislative Affairs

EOIR Swears in Nine Immigration Judges Page 3

Charles R. Conroy, Immigration Judge, New York City Immigration Court

Attorney General Jeff Sessions appointed Charles R. Conroy to begin hearing cases in August 2017. Judge Conroy earned a Bachelor of Arts degree in 1993 from St. Michael’s College and a Juris Doctor in 1999 from Vermont Law School. From 2016 to 2017 he was a supervising attorney in the Immigration Law Unit of The Legal Aid Society, in New York, N.Y. From 2013 to 2016, he was an immigration attorney at the Law Offices of Charles R. Conroy, PLLC, in New York. From 2012 to 2013, he was an immigration staff attorney at the Neighborhood Defender Services of Harlem, also in New York. From 2006 to 2012, he was an immigration staff attorney at the Legal Aid Society of the Orange County Bar Association Inc., in Orlando, Fla. From 2005 to 2006, he was a securities attorney in the Corporate Law Department of AEGON USA Inc., in St. Petersburg, Fla. In 2004, he was an associate attorney at Tabas Freedman, in Miami, Fla. From 2001 to 2004, he was a securities enforcement attorney at Vermont Department of Financial Regulation, in Montpelier, Vt. From 2000 to 2001, he was an associate attorney at Wick and Maddocks P.C., in Burlington, Vt. From 2008 to 2011, he was an adjunct professor of law at the Dwayne O. Andreas School of Law, Barry University, in Orlando. Judge Conroy is a member of the Florida, New York, and Vermont State Bars, and the District of Columbia Bar.

Maria E. Navarro, Immigration Judge, New York City Immigration Court

Attorney General Jeff Sessions appointed Maria E. Navarro to begin hearing cases in August 2017. Judge Navarro earned a Bachelor of Arts degree in 1985 from Fordham University and a Juris Doctor in 1992 from New York University School of Law. From 1996 to 2017, she worked at The Legal Aid Society, in New York, N.Y., serving as a staff attorney, 1996 to 2008; a supervising attorney, 2008 to 2016; and an acting attorney-in-charge, 2016 to 2017. From 2008 to 2016, she was a supervising attorney at The Legal Aid Society. From 1994 to 1996, she was a staff attorney at Brooklyn Legal Services, Corporation B, in Brooklyn, N.Y. From 1992 to 1994, she was a tax associate at Coopers & Lybrand, in New York, N.Y. From 1996 to 2016, she was an adjunct professor at Columbia Law School. Judge Navarro is a member of the New York State Bar.

Charles M. McCullough, Immigration Judge, San Antonio Immigration Court

Attorney General Jeff Sessions appointed Charles M. McCullough to begin hearing cases in August 2017. Judge McCullough earned a Bachelor of Arts degree in 1982 from the College of the Holy Cross and a Juris Doctor in 1985 from the Gonzaga University School of Law. From 1991 to 2017 he worked for the Washington State Board of Industrial Insurance Appeals, in Olympia, Wash., serving as a hearings industrial appeal judge, 1991 to 1992; a mediation and review judge, 1992 to 1998; a review assistant chief industrial appeals judge, 1998 to 2002; and a senior assistant chief industrial appeals judge, 2002 to 2017. From 1988 to 1991, he served as an assistant attorney general for the Washington State Attorney General’s Office, in Tacoma, Wash. Judge McCullough is a member of the Washington State Bar.

Office of Communications and Legislative Affairs

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EOIR Swears in Nine Immigration Judges Page 4

Patrick S. O’Brien, Immigration Judge, San Francisco Immigration Court

Attorney General Jeff Sessions appointed Patrick S. O’Brien to begin hearing cases in August 2017. Judge O’Brien earned a Bachelor of Science degree in 1995 from California Polytechnic State University, San Luis Obispo and a Juris Doctor in 2000 from University of California, Hastings College of the Law. From 2009 to 2017, he served as an assistant chief counsel for the Office of Chief Counsel, Immigration and Customs Enforcement, Department of Homeland Security, in San Francisco. From 2001 to 2017, he worked for the U.S. Army Judge

Advocate General’s Corp, entering as a student in 2001; serving as a legal assistance attorney in Korea, 2002 to 2003; trial counsel in Fort Lewis, Wash., and Iraq, 2003 to 2004; as trial defense counsel in Fort Lewis and Afghanistan, 2004 to 2007; special assistant U.S. attorney in Fort Lewis, 2007 to 2008; senior defense counsel, U.S. Army Reserve, 2009 to 2014; a brigade judge advocate, U.S. Army Reserve, 2014 to 2016; and currently as an adjunct professor of international and operational law. Judge O’Brien is a member of the California State Bar.

Joseph Y. Park, Immigration Judge, San Francisco Immigration Court

Attorney General Jeff Sessions appointed Joseph Y. Park to begin hearing cases in August 2017. Judge Park earned a Bachelor of Arts degree in 1994 from Amherst College and a Juris Doctor in 2002 from the University of Washington School of Law. From 2003 to 2017, he worked for Immigration and Customs Enforcement, Department of Homeland Security, in San Francisco, serving as an assistant chief counsel, 2003 to 2007; a senior attorney, 2007 to 2011; and a deputy chief counsel, Office of Chief Counsel, 2011 to 2017. From 2002 to 2003, he served as an assistant district counsel for the former Immigration and Naturalization Service, Department of Justice, in San Francisco, entering on duty through the Attorney General’s Honors Program. Judge Park is a member of the California State Bar.

— EOIR —

Office of Communications and Legislative Affairs

NEW JUDICIAL APPOINTMENT: JUDGE JAMES M. McCARTHY JOINS U.S. IMMIGRATION COURT IN NEW YORK

FOR IMMEDIATE RELEASE

Thursday, July 13, 2017

Executive Office for Immigration Review Swears in Immigration Judge

FALLS CHURCH, VA – The Executive Office for Immigration Review (EOIR) today announced the investiture of a new immigration judge. Chief Immigration Judge MaryBeth Keller presided over the investiture during a ceremony held this afternoon at EOIR headquarters in Falls Church, Va.

After a thorough application process, Attorney General Jeff Sessions appointed James M. McCarthy to his new position.

“We welcome Judge McCarthy to the ranks of immigration judges at EOIR,” said Acting Director James McHenry. “EOIR is committed to reducing its significant pending caseload, and Judge McCarthy’s presence augments our ability to do that in one of our highest-volume courts.”

Biographical information follows.

James M. McCarthy, Immigration Judge, New York City Immigration Court

Attorney General Jeff Sessions appointed James M. McCarthy to begin hearing cases in July 2017. Judge McCarthy earned a Bachelor of Science degree in 1983 from St. John’s University and a Juris Doctor in 1995 from Brooklyn Law School. From 2014 to 2017, he served as a senior attorney for Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS), in New York, N.Y. From 2011 to 2014, he served as a deputy chief counsel for the Office of Chief Counsel, ICE, DHS, also in New York. From 2009 to 2011, he served as a senior attorney for ICE, DHS, in Eloy, Ariz. From 2004 to 2009, he served as an assistant chief counsel for ICE, DHS, in Eloy and Florence, Ariz. From 2000 to 2004, he served as an examining attorney for the Mayoral Commission to Combat Police Corruption, New York City Department of Investigations. From 1995 to 2000, he served as an assistant district attorney, and later as a senior assistant district attorney, at the Kings County District Attorney’s Office, in Brooklyn, N.Y. Judge McCarthy is a member of the New York State Bar.

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Congratulations and good luck to Judge McCarthy.

PWS

08-04-17

HON. JEFFREY CHASE RESPONDS TO CHIEF JUDGE KELLER’S OPPM: Continuances Promote Due Process — U.S. Immigration Judges Should Be Free To Exercise Discretion — Memo Fails To Recognize Dire Straits Of NGOs And Asylum Seekers Largely Caused By DOJ & EOIR’s Own Policies!

https://www.jeffreyschase.com/blog/2017/8/3/in-support-of-continuances

Jeffrey writes:

“The chief judge’s memo correctly states that “at least one continuance should be granted” in order to allow a respondent to obtain counsel. However, the memo raises concerns about granting additional adjournments, “particularly when all respondents are initially provided a list of pro bono legal services…” However, the memo fails to mention the strain the same backlog has put on the limited resources of the listed pro bono representatives. Therefore, denying additional continuances will require more applicants to proceed without counsel. At present, many cases pending before the courts involve asylum seekers (including minors) fleeing gang violence in Central America and Mexico. Many of these claims are based on the claimants’ membership in a particular social group, a still-evolving area of the law. BIA precedent requires an asylum applicant to “delineate and establish to the Immigration Judge any particular social group he claims.” See Matter of A-T-, 25 I&N Dec. 4, 10 (BIA 2009). “Particular social group” is a term of art that a pro se applicant would not understand. Furthermore, a knowledge of existing case law is essential in crafting a proposed social group to present to the immigration judge. In other words, the denial of additional continuances to allow an asylum applicant to obtain representation in order to move a case along can be fatal to an individual’s chances for obtaining relief, and can further undermine the applicant’s chance of success on appeal.

Hopefully, judges will continue to consider all of the above in their application of the Chief Judge’s memo.”

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Read Jeffrey’s complete commentary at the link.

I agree entirely with Jeffrey that continuances play a critical role in maintaining due process. I also agree that memos such as this OPPM show a total misunderstanding and lack of appreciation for the situation of NGOs — who are basically keeping the system afloat — and the due process need for counsel in asylum cases. See my comments from yesterday on the OPPM:

http://immigrationcourtside.com/2017/08/02/eoir-issues-oppm-on-continuances-apparent-attempt-to-shift-focus-away-from-politically-motivated-adr-that-is-causing-massive-backlogs/.

Contrary to the Chief Judge’s tone, problems caused by DOJ and EOIR management have basically tied the individual Immigration Judges’ hands in granting continuances. Let’s face it, after DOJ and EOIR arbitrarily “orbit” ready for trial non-detained cases for their own political goals, individual Immigration Judges lose both credibility and effective control of their dockets. How can a judge in good conscience deny most motions to continue when cases are intentionally left pending for years: attorneys change, the law changes, country conditions change, witnesses change or become unavailable, and other forms of relief pop up.

Moreover, as pointed out by Jeffrey, rather than simplifying the system so that protection could be quickly granted in more straightforward cases, the BIA has intentionally made the process more complicated — to the extent that it is virtually impossible to imagine that any unrepresented asylum applicant could document a PSG case to the BIA’s hyper-technical specifications.

And, Congress also shares responsibility for the current untenable situation. During several relatively recent “contrived” Government shutdowns, the Immigration Court’s entire non-detained docket and the the vast majority of Immigration Judges who staffed them were determined to be “nonessential” and therefore “furloughed,” leaving active dockets “to rot.” Non-detained cases were cancelled en masse and the court system never really recovered. For all I know, some of those cases are still “off docket.”

Also, these actions sent a strong message that the politicos in both the Legislative and Executive branches neither respected the work of U.S. Immigration Judges nor considered it important. The “non-detained docket” basically became the “who cares docket.”

The Obama Administration then further aggravated the problem by unwisely (and without consulting “line” U.S. Immigration Judges) prioritizing new “Not Quite Ready For Prime Time” Southern Border cases over regularly scheduled non-detained cases, thus sending the non-detained docket further into complete chaos: “Aimless Docket Reshuffling.” Now, the Trump Administration’s “gonzo, anything goes, show no judgement, exercise no prosecutorial discretion” regime is pushing the courts over the brink.

We need bipartisan legislation to get the U.S. Immigration Courts out of the DOJ and into an independent judicial structure where they can focus on providing high quality due process in an efficient, predictable, and systematic manner.

PWS

08-03-17

EOIR ISSUES “OPPM” ON CONTINUANCES — APPARENT ATTEMPT TO SHIFT FOCUS AWAY FROM POLITICALLY MOTIVATED “ADR” THAT IS CAUSING MASSIVE BACKLOGS!

Here is the text of the OPPM:

oppm_17-01

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My Comments:

There are lots areas where U.S. Immigration Judges, particularly new ones, could use training. Applying the asylum standards of proof set forth in Cardoza-Fonseca and Mogharrabi, properly applying the presumption based on past persecution in 8 CFR 1208.13, adjudicating “other serious harm” claims, insuring that requests for corroboration are “reasonable,” making credibility determinations on the basis of the record as a whole and all relevant factors, and understanding and properly applying the complex concepts of “divisibility,” categorical approach,” and “modified categorical approach” in criminal-related cases immediately come to mind. Adjudicating motions to continue doesn’t jump out at me as an area where guidance is particularly necessary. In fact, I never really met an Immigration Judge who didn’t have a pretty good sense of what the criteria were for continuances.
The OPPM blows by the real reason why the dockets are a mess: politically motivated “Aimless Docket Reshuffling” (“ADR”) caused by ever changing political priorities in Immigration Court. Shifting Immigration Judges from previously-scheduled “Merits Hearings” to “Master Calendars” for recently arrived aliens, detainees who needn’t be in detention, and juveniles, has resulted in perhaps hundreds of thousands of “ready for trial” cases being “orbited” to largely imaginary merits hearing dates years from now.
The OPPM falsely suggests that Immigration Judges have control over their dockets. But, individual Immigration Judges were stripped of any real semblance of docket control years ago. That’s the major problem causing backlogs. It’s not uncommon for Immigration Judges to find themselves detailed to other courts or shifted to other priorities without any meaningful input and sometimes with minimal advance notice. Ask the many private attorneys in New York, Chicago, and other major locations who arrive at long-ago-scheduled merits hearing, witnesses in tow, only to find out the Immigration Judge has been “reassigned” without advance notice, and that their cases are likely to go back to Master Calendar again for assignment of yet another Merits Hearing date with another judge years in the future. And, given the documented inconsistencies in adjudication results, particularly in asylum cases, among U.S. Immigration Judges, don’t think that re-assignment to a “new” Immigration Judge is a “neutral” occurrence. In all too many cases, it’s “outcome determinative.”
The OPPM falsely suggests that continuances are largely a “scheme” by private attorneys to “game the system.” Undoubtedly, respondents sometimes do benefit by delays — many of which are actually caused not by them but by the internal procedures of EOIR and DOJ. They just take advantage of that which the system at the administrative/political level of DOJ/EOIR offers them. But, there are probably just as many private attorneys who have been trying for years to get their clients’ cases to trial, only to be “stiffed” by the politicos ultimately in charge of the system. Individual Immigration Judges are more often than not merely the “bearers of bad news” over which they have no personal control (but do get some of the flack).
The OPPM appears to be directed at overburdened, overworked, under-appreciated NGOs who have been “hosed around” by the politicos at DOJ and EOIR Headquarters. They have been forced to race to cover “new priority” cases at the border, in detention, or on accelerated dockets while back at the “home court” their non-detained “ready for trial” cases are being “orbited” to dockets years in the future. Moreover, it is well-known the there is a high rate of turnover among NGO and pro bono group attorneys. Therefore the DOJ/EOIR tactics are designed to “wear down” pro bono representatives, thus forcing individuals to abandon representation or go unrepresented. This, in turn, all but guarantees failure of their claims. Indeed, the recent NWIRP litigation has made it clear that DOJ and EOIR are willing to bend the existing regulations to threaten or penalize those trying to provide pro bono assistance. http://immigrationcourtside.com/2017/07/29/eoir-pro-bono-representation-u-s-district-judge-richard-m-jones-rips-eoirs-violation-of-1st-amendment-common-sense-nwirp-v-sessions-wd-wa/.
The OPPM also falsely suggests that DHS only rarely asks for continuances. Not true! DHS has a steady stream of reasons for requesting continuances including such “administratively fixable” things as: lost or missing files, sick attorneys, shortage of staff, missing fingerprints, changing priorities, ongoing investigations, new charges of removability, training, details, need to review exhibits lost in the mail, etc. Moreover, as recently documented by TRAC, the Trump Administration’s abandonment of a sensible use of “prosecutorial discretion” to get low priority cases off the Immigration Court docket is compounding the backlog issue. Additionally, the reported DHS unwillingness to stipulate to issues and grants of relief has caused many cases that could have been completed at Master Calendar or on “short docket” to be set for 3-4 hour merits hearing blocks instead.
Oh, and lets not forget that docket problems are also aggravated by the byzantine, glacial, yet one-sided hiring process for Immigration Judges developed and administered by DOJ largely in response to political abuse of the hiring system by the Bush-era DOJ. Additionally, DOJ & EOIR have failed to anticipate problems caused by predictable loss of experienced judges to retirement, and they have failed to fill the additional positions allocated by Congress in a timely fashion.
NOTE TO REPORTERS IN THE AUDIENCE: Don’t be fooled or “taken in” by this smokescreen. Faced with exposure of chronic problems, it’s a “bureaucratic norm” within DOJ and EOIR, as well as a specialty of the Trump Administration, to attempt to shift attention and blame elsewhere. Don’t fall for it! The “real story” here is in the absolute mess that political meddling at the DOJ has made, and continues to make, out of sound docket management and due process in the U.S. Immigration Courts and the unwillingness and inability of the politicos to fix the problems they have created or aggravated. No OPPM or series of “administrative band aids” is going to fix this broken system. We need an Article I U.S. Immigration Court now!
Other than that, I loved the OPPM.

PWS

08-02-17

HuffPost: Sessions Reinstates Dangerous Private Prisons — Health & Safety of Inmates Takes Back Seat to Expediency And Profits For Private Prison Industry!

http://www.huffingtonpost.com/entry/doj-private-prisons-sessions_us_58af529ce4b0a8a9b780669a

Ryan J. Reilly a Ben Walsh report:

“WASHINGTON ― Attorney General Jeff Sessions on Thursday withdrew an Obama-era Justice Department memo that set a goal of reducing and ultimately ending the Justice Department’s use of private prisons.

In a one-page memo to the acting head of the Bureau of Prisons, Sessions wrote that the August 2016 memo by former Deputy Attorney General Sally Yates “changed long-standing policy and practice, and impaired the Bureau’s ability to meet the future needs of the federal correctional system.”

A Justice Department spokesman said Sessions’ memo “directs the Bureau of Prisons to return to its previous approach to the use of private prisons,” which would “restore BOP’s flexibility to manage the federal prison inmate population based on capacity needs.”

BOP currently has 12 private prison contracts that hold around 21,000 inmates. Yates had said that private prisons compared “poorly” to BOP prisons. Her memo followed a damning report from the Justice Department’s inspector general which found that privately run facilities were more dangerous than those run by BOP.

The two largest private prison companies have told investors that they have room to accommodate increased use of their prisons by federal or state and local authorities. On an earnings call with stock analysts this week, executives at GEO Group emphasized that their company has a total of 5,000 spots in its prisons that are presently either unused or underutilized.

GEO senior vice President David Donahue put it fairly bluntly, telling analysts that their idle and underutilized cells are “immediately available and meet ICE’s national detention standards.”

CoreCivic, formerly known as CCA, told investors on Feb. 17 that the company has nine idle prisons that can hold a total of 8,700 people. Those prisons are ready to accept inmates on short notice. “All of our idle facilities are modern and well maintained, and can be made available to potential state and federal partners without much, if any capital investment or the lead-time required for new construction,” CEO Damon Hininger said.

Indeed, Haninger said that CoreCivic was already holding more detained immigrants for the federal government than they anticipated. “Our financial performance in the fourth quarter of 2016 was well above our initial forecast due, in large part, to heightened utilization by ICE across the portfolio,” he said.

And, Haninger said, the Trump administration’s actions could boost financial performance even further. “When coupled with the above average rate crossings along the Southwest border, these executive orders appear likely to significantly increase the need for safe, humane and appropriate detention bed capacity that we have available in our existing real-estate portfolio,” he said. “We are well positioned,” to get more business from ICE, Haninger said.

David C. Fathi, who directs the American Civil Liberties Union’s National Prison Project, said that giving for-profit companies control of prisons is “a recipe for abuse and neglect.” He said the Sessions memo was a further sign the U.S. “may be headed for a new federal prison boom” under the Trump administration.”

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The disaster of Jeff Sessions as U.S. Attorney General continues to unfold. Contrary to what he told Senators during his contentious confirmation hearings, he’s the same old tone-deaf, insensitive, hard-liner he’s always been. There will be wrongful death suits in Sessions’s future naming him personally. While these so-called “Bivens actions” are usually a steep uphill climb for plaintiffs, given that Sessions acted with knowledge of both the Inspector General’s highly negative findings and his predecessor’s resulting action to curb private prison use, there could be a case there. I hope he took out personal liability insurance and got the highest amount of coverage. He might need it before his tenure is up.

And, as for the inmates and civil immigration detainees who are going to be kept in substandard conditions, I guess it’s just “tough noogies” as far as Sessions is concerned.

PWS

Zoe Tillman on BuzzFeed: U.S. Immigration Courts Are Overwhelmed — Administration’s New Enforcement Priorities Could Spell Disaster! (I’m Quoted In This Article, Along With Other Current & Former U.S. Immigration Judges)

https://www.buzzfeed.com/zoetillman/backlogged-immigration-courts-pose-problems-for-trumps-plans?utm_term=.pokrzE6BW#.wcMKevdYG

Zoe Tillman reports:

“ARLINGTON, Va. — In a small, windowless courtroom on the second floor of an office building, Judge Rodger Harris heard a string of bond requests on Tuesday morning from immigrants held in jail as they faced deportation.
The detainees appeared by video from detention facilities elsewhere in the state. Harris, an immigration judge since 2007, used a remote control to move the camera around in his courtroom so the detainees could see their lawyers appearing in-person before the judge, if they had one. The lawyers spoke about their clients’ family ties, job history, and forthcoming asylum petitions, and downplayed any previous criminal record.
In cases where Harris agreed to set bond — the amounts ranged from $8,000 to $20,000 — he had the same message for the detainees: if they paid bond and were set free until their next court date, it would mean a delay in their case. Hearings set for March or April would be pushed back until at least the summer, he said.
But a couple of months is nothing compared to timelines that some immigration cases are on now. Judges and lawyers interviewed by BuzzFeed News described hearings scheduled four, five, or even six years out. Already facing a crushing caseload, immigration judges are bracing for more strain as the Trump administration pushes ahead with an aggressive ramp-up of immigration enforcement with no public commitment so far to aid backlogged courts.
Immigration courts, despite their name, are actually an arm of the US Department of Justice. The DOJ seal — with the Latin motto “qui pro domina justitia sequitur,” which roughly translates to, “who prosecutes on behalf of justice” — hung on the wall behind Harris in his courtroom in Virginia. Lawyers from the US Department of Homeland Security prosecute cases. Rulings can be appealed to the Board of Immigration Appeals, which is also part of the Justice Department, and then to a federal appeals court.
As of the end of January, there were more than 540,000 cases pending in immigration courts. President Trump signed executive orders in late January that expanded immigration enforcement priorities and called for thousands of additional enforcement officers and border patrol officers. But the orders are largely silent on immigration courts, where there are dozens of vacant judgeships. And beyond filling the vacancies, the union of immigration judges says more judges are needed to handle the caseload, as well as more space, technological upgrades, and other resources.
Homeland Security Secretary John Kelly acknowledged the immigration court backlog in a memorandum released this week that provided new details about how the department would carry out Trump’s orders. Kelly lamented the “unacceptable delay” in immigration court cases that allowed individuals who illegally entered the United States to remain here for years.
The administration hasn’t announced plans to increase the number of immigration judges or to provide more funding and resources. It also isn’t clear yet if immigration judges and court staff are exempt from a government-wide hiring freeze that Trump signed shortly after he took office. There are 73 vacancies in immigration courts, out of 374 judgeships authorized by Congress.
“Everybody’s pretty stressed,” said Paul Schmidt, who retired as an immigration judge in June. “How are you going to throw more cases into a court with 530,000 pending cases? It isn’t going to work.”

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Zoe Tillman provides a well-reaserched and accurate description of the dire situation of justice in the U.S. Immigration Courts and the poorly conceived and uncoordinated enforcement initiatives of the Trump Administration. Sadly, lives and futures of “real life human beings” are at stake here.

Here’s a “shout out” to my good friend and former colleague Judge Rodger Harris who always does a great job of providing due process and justice on the highly stressful Televideo detained docket at the U.S. Immigration Court in Arlington, VA. Thanks for all you do for our system of justice and the cause of due process, Judge Harris.

PWS

02/24/17

U.S. Immigration Courts: 12 New U.S. Immigration Judges Invested — Here Are Their Bios!

FOR IMMEDIATE RELEASE
Monday, February 6, 2017
Executive Office for Immigration Review Swears in 12 Immigration Judges

FALLS CHURCH, VA – The Executive Office for Immigration Review (EOIR) today announced the investiture of 12 new immigration judges. Chief Immigration Judge MaryBeth Keller presided over the investiture during a ceremony held Feb. 3, 2017, in the ceremonial courtroom of the E. Barrett Prettyman U.S. Courthouse, in Washington, D.C.

After a thorough application process, Attorney General Loretta E. Lynch appointed Victoria L. Argumendo, Steven D. Caley, Ila C. Deiss, Delia I. Gonzalez, Deborah K. Goodwin, Stephanie E. Gorman, Richard A. Jamadar, Julie Nelson, Emmett D. Soper, Jem C. Sponzo, Arwen Ann Swink, and Veronica S. Villegas to their new positions.

“On Jan. 8, 2017, we welcomed these 12 appointees to our growing immigration judge corps,” said Keller. “With this investment, EOIR has for the first time in its history exceeded 300 immigration judges. The agency recognizes that we must continue hiring immigration judges in order to address the pending caseload.”

Biographical information follows.

Victoria L. Argumendo, Immigration Judge, San Francisco Immigration Court

Attorney General Loretta E. Lynch appointed Victoria L. Argumendo to begin hearings cases in February 2017. Judge Argumendo earned a Bachelor of Arts degree in 1995 from the University of Vermont and a Juris Doctor in 2000 from the Golden Gate University School of Law. From 2012 to January 2017, she was in private practice at Argumendo Garzon Law Group, in San Francisco. From 2010 through 2012, she was in private practice at Surowitz & Argumendo, in San Francisco. From 2002 through 2010, she was in private practice at the Law Office of Victoria L. Argumendo, in San Francisco. From 2001 through 2002, she was an associate attorney at the Law Offices of Walter R. Pineda, in Redwood City, Calif. From May 2001 to September 2001, she served as a contract attorney for the Law Office of Enrique Ramirez, in San Francisco. From February 2001 to May 2001, she served as a contract attorney for Minami, Lew & Tamaki. Judge Argumendo is a member of the State Bar of California.

Steven D. Caley, Immigration Judge, Aurora Immigration Court

Attorney General Loretta E. Lynch appointed Steven D. Caley to begin hearings cases in February 2017. Judge Caley earned a Bachelor of Arts degree in 1977 from Hanover College and a Juris Doctor in 1980 from the New York University School of Law. From 2012 to January 2017, he served as a senior attorney for GreenLaw, in Atlanta. From 2000 through 2012, he was a partner and senior associate for Weissman, Nowack, Curry & Wilco, in Atlanta. From 2005 through 2006, and previously from 1996 through 1999, he served as a special administrative law judge for the Office of State Administrative Hearings, in Atlanta. From 1998 through 2000, he served as regional director for Legal Aid Services of Oregon, in Portland, Ore. From 1990 through 1998, he served as director of litigation for the Atlanta Legal Aid Society Inc., in Atlanta. From 1980 through 1990, he served in various capacities for the Legal Services Corporation of Alabama, in Dotham, Ala., including as managing attorney, senior staff attorney, and staff attorney. From 2003 through 2007, he served on the faculty of the Georgia State University College of Law as an adjunct professor. Judge Caley is a member of the Alabama State Bar, Florida Bar, State Bar of Georgia, and Oregon State Bar.

Ila C. Deiss, Immigration Judge, San Francisco Immigration Court

Attorney General Loretta E. Lynch appointed Ila C. Deiss to begin hearing cases in February 2017. Judge Deiss earned Bachelor of Arts degrees in 1991 from the University of California at Davis, a Master of Public Administration in 1996 from the Robert F. Wagner Graduate School for Public Service, and a Juris Doctor in 1999 from the City University of New York School of Law. From 2005 to January 2017, she served as an assistant U.S. attorney for the U.S. Attorney’s Office, Northern District of California, Department of Justice (DOJ). From 2003 through 2005, she served as a staff attorney for the U. S. Court of Appeals for the Ninth Circuit, DOJ. From 2001 through 2002, she served as a senior court counsel for the Supreme Court of the Republic of Palau. From April 2001 to August 2001, she served as a judicial law clerk for the Honorable Richard M. Berman, U.S. District Court, Southern District of New York. From 1999 through 2001, she served as a judicial law clerk for the Staff Attorney’s Office, U.S. Court of Appeals for the Second Circuit, DOJ. Judge Deiss is a member of the Connecticut and New York state bars.

Delia I. Gonzalez, Immigration Judge, Harlingen Immigration Court

Attorney General Loretta E. Lynch appointed Delia I. Gonzalez to begin hearing cases in February 2017. Judge Gonzalez earned a Bachelor of Arts degree in 1993 from the University of Houston and a Juris Doctor in 2001 from the Texas Southern University Thurgood Marshall School of Law. From 2006 through 2016, she served as an assistant chief counsel for the Office of the Chief Counsel, Immigration and Customs Enforcement, Department of Homeland Security. From 2001 through 2006, she served as a trial attorney for the Antitrust Division, Department of Justice, entering on duty through the Attorney General’s Honors Program. Judge Gonzalez is a member of the State Bar of Texas.

Deborah K. Goodwin, Immigration Judge, Miami Immigration Court

Attorney General Loretta E. Lynch appointed Deborah K. Goodwin to begin hearings cases in February 2017. Judge Goodwin earned a Bachelor of Arts degree in 1986 from Wilson College and a Juris Doctor in 2000 from the State University of New York at Buffalo School of Law. From 2015 to January 2017, she served as an associate legal advisor for the District Court Litigation Division, Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS), in Washington, D.C. From 2007 through 2015, she served as an associate counsel for U.S. Citizenship and Immigration Services, DHS, in San Francisco. From 2002 through 2007, she served as an assistant chief counsel for ICE, DHS, in San Francisco. Judge Goodwin is a member of the Florida Bar.

Stephanie E. Gorman, Immigration Judge, Houston Immigration Court

Attorney General Loretta E. Lynch appointed Stephanie E. Gorman to begin hearing cases in February 2017. Judge Gorman earned a Bachelor of Science degree in 1996 from California State University Sacramento, a Juris Doctor in 2002 from the Thomas Jefferson School of Law, and a Master of Laws degree in 2005 from the University of San Diego School of Law. From 2014 to January 2017, she served as an attorney and legal instructor for the Office of the Chief Counsel, Customs and Border Protection, Department of Homeland Security (DHS). From 2008 through 2014, she served as an assistant chief counsel for the Office of the Principal Legal Advisor, Immigration and Customs Enforcement, DHS. From 2009 through 2012, she also served as a special assistant U.S. attorney for the U.S. Attorney’s Office, Middle District of Florida, Department of Justice (DOJ), in Orlando, Fla. From 2007 through 2008, she served as a federal law clerk for the Honorable M. James Lorenz, U.S. District Court for the Ninth Circuit, Southern District of California, DOJ, in San Diego. From March 2007 to September 2007, she served as a federal law clerk for the Honorable Roger T. Benitez, U.S. District Court for the Ninth Circuit, Southern District of California, in San Diego. From 2006 through 2007, she served as an assistant state attorney for the Twelfth Judicial Circuit, in Sarasota, Fla. From 2003 through 2006, she served in various capacities on the faculty of the Thomas Jefferson School of Law, including as visiting assistant professor of law and senior legal writing instructor and adjunct professor. From 2002 through 2004, she served as an associate attorney for the Law Office of Matthew P. Rocco, in Carlsbad, Fla. Judge Gorman is a member of the State Bar of California and the Florida Bar.

Richard A. Jamadar, Immigration Judge, Houston Immigration Court

Attorney General Loretta E. Lynch appointed Richard A. Jamadar to begin hearing cases in February 2017. Judge Jamadar earned a Bachelor of Laws degree in 1987 from the University of the West Indies Faculty of Law and a Juris Doctor in 1996 from the Washington University School of Law. From 2004 to January 2017, he served as an assistant chief counsel for the Office of the Chief Counsel, Immigration and Customs Enforcement, Department of Homeland Security, in Orlando, Fla. During this time, from 2011 through 2013, he served as a special assistant U.S. attorney for the U.S. Attorney’s Office, Middle District of Florida, Department of Justice, in Orlando, Fla. From 2003 through 2004, he served as a senior attorney for the Department of Children and Families, Tenth Judicial Circuit, in Bartow, Fla. From 1999 through 2002, he served as an assistant state attorney for the State Attorney’s Office, Ninth Judicial Circuit, in Orlando, Fla. From 1996 through 1998, he served as an associate attorney for Polatsek and Scalfani, in Fort Lauderdale, Fla. Judge Jamadar is a member of the Florida Bar.

Julie Nelson, Immigration Judge, San Francisco Immigration Court

Attorney General Loretta E. Lynch appointed Julie Nelson to begin hearing cases in February 2017. Judge Nelson earned a Bachelor of Arts degree in 2003 from Biola University and a Juris Doctor in 2006 from California Western School of Law. From December 2014 to January 2017, and previously from 2009 through May 2014, she served as an assistant chief counsel for the Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security. From June 2014 to November 2014, she served as a law clerk for the Honorable Steven P. Logan, U.S. District Court for the District of Arizona, Department of Justice (DOJ). From 2008 through 2009, she served as an attorney advisor for the Los Angeles Immigration Court, Executive Office for Immigration Review (EOIR), DOJ. From 2007 through 2008, she served as a judicial law clerk for the San Diego Immigration Court, EOIR, DOJ, entering on duty through the Attorney General’s Honors Program. From 2007 through 2009, she served on the faculty of Biola University as an adjunct professor. Judge Nelson is a member of State Bar of California.

Emmett D. Soper, Immigration Judge, Arlington Immigration Court

Attorney General Loretta E. Lynch appointed Emmett D. Soper to begin hearing cases in February 2017. Judge Soper earned a Bachelor of Arts degree in 1998 from Carleton College and a Juris Doctor in 2005 from the University of Oregon School of Law. From 2012 to January 2017, he served as an associate general counsel for the Office of the General Counsel, Executive Office for Immigration Review (EOIR), Department of Justice (DOJ), in Falls Church, Va. From 2010 through 2012, he served as an attorney advisor for the Office of Legal Policy, DOJ, in Washington, D.C. From 2006 through 2010, he served as an attorney advisor for the Office of the Chief Immigration Judge, EOIR, DOJ, in Falls Church, Va. From 2005 through 2006, he served as a judicial law clerk for the Buffalo Immigration Court, EOIR, DOJ. Judge Soper is a member of the Oregon State Bar.

Jem C. Sponzo, Immigration Judge, New York City Immigration Court

Attorney General Loretta E. Lynch appointed Jem C. Sponzo to begin hearings cases in February 2017. Judge Sponzo earned a Bachelor of Arts degree in 2003 from Hamilton College and a Juris Doctor in 2006 from the University of Connecticut School of Law. From 2007 to January 2017, she served as a trial attorney for the Civil Division, Office of Immigration Litigation, Department of Justice (DOJ), in Washington, D.C. From January 2015 to July 2015, she also served as a clearance counsel for the Office of Presidential Personnel, White House. From 2006 through 2007, she served as a judicial law clerk for the New York City Immigration Court, Executive Office for Immigration Review, DOJ, entering on duty through the Attorney General’s Honors Program. Judge Sponzo is a member of the New York State Bar.

Arwen Ann Swink, Immigration Judge, San Francisco Immigration Court

Attorney General Loretta E. Lynch appointed Arwen Ann Swink to begin hearing cases in February 2017. Judge Swink earned a Bachelor of Arts degree in 2002 from California State University San Marcos and a Juris Doctor in 2006 from the University of California Hastings College Of Law. Prior to this post, she served as a staff attorney in the motions unit of the U.S. Court of Appeals for the Ninth Circuit, in San Francisco, beginning in 2010. From 2006 through 2010, she served as an associate attorney for the Law Office of Robert B. Jobe, in San Francisco. Judge Swink is a member of the State Bar of California.

Veronica S. Villegas, Immigration Judge, Los Angeles Immigration Court

Attorney General Loretta E. Lynch appointed Veronica S. Villegas to begin hearing cases in February 2017. Judge Villegas earned a Bachelor of Arts degree in 1996 from California State University Fullerton and a Juris Doctor in 1999 from the Loyola Law School. From 2012 to January 2017, and previously from 2004 through 2005, she was in private practice at the Law Office of Veronica S. Villegas, in West Covina, Calif. From 2005 through 2012, she was a partner at Hill, Piibe & Villegas, in West Covina, Calif. From 2003 through 2004, she served as an assistant chief counsel for the Office of the Chief Counsel, Immigration and Customs Enforcement, Department of Homeland Security. From 1999 through 2003, she served as an assistant district counsel for the former Office of the District Counsel, Immigration and Naturalization Service, Department of Justice. Judge Villegas is a member of the State Bar of California.

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PWS

02/07/17

AP (Via Washington Times): More Coverage Of “Keller Memo” Eliminating “Rocket Dockets” In Immigration Court — Let Me Know If You Have Seen Changes In Your Local U.S. Immigration Court!

http://www.washingtontimes.com/news/2017/feb/1/immigration-courts-to-focus-on-detainees-not-kids-/?utm_source=RSS_Feed&utm_medium=RSS

ALICIA CALDWELL and AMY TAXIN – Associated Press reporting:

“The order to refocus the system’s priorities comes just days after Trump signed an executive order directing immigration agents to focus enforcement efforts on far more immigrants living in the country illegally, including anyone arrested on a criminal charge or with a criminal history.

A second order directed Homeland Security officials to detain immigrants caught crossing the border illegally and hold them until they can be deported or a judge rules on their fate.

“He’s going to keep everybody detained,” said Annaluisa Padilla, an immigration attorney in California. “There is nothing about speeding here or having people have due process in court.”

Trump’s call to detain more border crossers comes with a need for more jail space. The government has enough money to jail 34,000 people at any given time, though thousands more people have been held in recent months.

The government is looking for more jail beds, acting Immigration and Customs Enforcement Director Thomas Homan said Tuesday.

A message left for the Department of Homeland Security on Wednesday was not immediately returned.

Padilla said she worries the change means unaccompanied children with strong cases might get stuck in the backlog.

Immigration attorney Meeth Soni said she believed immigration authorities want the court to move quicker on detention cases to free up more jail space.

“In anticipation of more increased detention, and those proceedings, they’re going to have to basically make that a priority for the court,” said Soni, an attorney at the Immigrant Defenders Law Center in Los Angeles.”

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Please send me a comment if you have noticed that the “Keller Memo” has affected your local U.S. Immigration Court.

Also, seems to me that attorneys for children and families can’t have it both ways. Ever since the beginning of the “rocket docket” they have been complaining about its adverse effect on recently arrived families and children. Finally, Chief Judge Keller (who was recently appointed and not involved in the former Attorney General’s ill-advised decision to institute “rocket dockets” back in 2014) has been able to eliminate the “rocket docket.” Barring very unusual circumstances, attorneys representing the “former priority cases” will just have to get in line with everyone else who has been waiting. While given the length of the wait in some Immigration Courts that’s certainly not ideal; but, it does seem fair under the circumstances.

PWS

02/03/17

U.S. Immigration Court: The End Of The Ill-Advised “Rocket Docket” — “Smart Leadership” By Chief U.S. Immigration Judge MaryBeth Keller Helps Restore Due Process, Equity, And Order To Immigration Court’s Daunting Docket — A “Breath Of Fresh Air” That Should Help New Administration And Individuals Who Depend On The Immigration Courts For Justice!

Trump’s Admin Ends Child Rocket Docket

Read Chief U.S. Immigration Judge MaryBeth Keller’s memorandum dated January 31, 2017, to all U.S. Immigration Judges at the link. Many thanks to Pilar Marrero over at impremedia.com for forwarding this to me.

This memorandum effectively ends the Immigration Court’s so-called “rocket docket” for recently arrived children, women, and families from the Northern Triangle of Central America, and returns the Immigration Court to a rational “single priority” for various types of detained cases.

Additionally, this returns control of Immigration Court dockets to the local U.S. Immigration Judges who are in the best position to determine how to fairly reorganize their dockets to achieve due process, fairness, and maximum efficiency. Chief Judge Keller also emphasizes that even priority cases must be scheduled, heard, and decided in accordance with due process — the overriding mission of the Immigration Courts.

This should be good news for overwhelmed pro bono organizations which have been valiantly attempting to get all of the former “priority” cases representation for Individual Hearings, most involving applications for asylum and other potentially complicated forms of protection. It should now be possible for Court Administrators and Immigration Judges to set cases in a manner that better matches the available pool of pro bono attorneys. For example, under the former system of priorities, Court Administrators were forced to set expedited Master Calendar hearings even though they knew that the local bar was already completely occupied and could not reasonably be expected to take on additional “fast track” cases.

It should also be good news for parties with long-pending cases ready for trial that were sent to the “end of the line,” often years in the future, to accommodate newer cases that actually were not yet “ready for prime time.” The ill-advised priorities imposed by the Obama Administration have helped push the Immigration Court backlog to record heights — more than 530,000 cases and still growing. At the same time, the past priorities impaired fairness and due process at both ends of the docket.

What is not clear to me, from my “informed outsider” vantage point, is whether this policy change is driven by the Trump Administration or is something that was “in the pipeline” under the Obama Administration and has just surfaced now. Normally, EOIR would not take such a bold move without the “go ahead” from the new Administration. If so, this would be a sensible, practical action by the Trump Administration. With increased enforcement and detention in the offing, “de-prioritizing” non-detained cases and returning control of the dockets to local Immigration Judges is most likely to set the stage for fair, timely consideration of cases, both detained and non-detained, instituted by the new Administration. Importantly, by allowing Immigration Judges across the country to control their dockets, rather than having them manipulated by Washington, the Administration would be recognizing the advantages of having important administrative decisions made by those who are “on the scene” and have to live with the results.

By no means will this solve all of the many problems facing the Immigration Court. But, it’s a promising development.

PWS

02/02/17

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