Asylum and Its Discontents in the United States
Board of Immigration Appeals
Way back in 2010, I did a blog post about the Board of Immigration Appeals, where I complained that the Board issues too few decisions and does not provide enough guidance to Immigration Judges. Ten years later, things are no better. In fact, based on the available data, the Board is publishing even fewer decisions … Read more
The coronavirus is causing unprecedented disruptions to nearly every area of life, and the Immigration Courts are no exception. The courts were already in a post-apocalyptic era, with over one million cases in the backlog, and now the situation has been thrown into near total chaos. The fundamental problem is that EOIR–the Executive Office for … Read more
The Executive Office for Immigration Review (“EOIR”) recently announced a new way to check case status on-line. The system provides information about cases that are (or were) pending before the Immigration Courts and the Board of Immigration Appeals. According to the EOIR press release– The automated case information application allows users to receive the most … Read more
EOIR–the Executive Office for Immigration Review–has proposed a fee increase for applications before the Immigration Courts and the Board of Immigration Appeals (“BIA”). The new fees purportedly reflect the cost of adjudicating the various applications that EOIR reviews, and include the following– Increase the fee for Form EOIR-26 (Notice of Appeal from a Decision of … Read more
Earlier this month, the Executive Office for Immigration Review (“EOIR”)–the office that oversees our nation’s Immigration Courts–issued a Myths vs. Facts sheet, to explain that migrants are bad people and that most of them lose their asylum cases anyway. I am always suspicious of “myths vs. facts” pronouncements, and to me, this one from EOIR … Read more
As you may have heard, parts of the federal government are closed for business. After two years of Republican inaction on “the wall,” somehow President Trump has decided that now is the time to shut the government down in an effort to “permanently fix the problem on the Southern Border.” Let’s look at the effect of … Read more
The Attorney General, Jefferson Beauregard Sessions, has been busy “certifying” cases to himself in order to (apparently) reduce protections for certain asylum seekers. I want to talk about two cases in particular, but first, let’s talk about the process that Mr. Sessions is following. The decisions in question involve cases that were before the Board of Immigration … Read more
One of my professional goals in life is to get a published decision from the Board of Immigration Appeals (“BIA”). It won’t be easy–the Board publishes only about one case out of every 1,000 (I wrote about this problem in a blog post called, The Unbearable Lightness of BIA-ing). If the Board could publish more cases, it would … Read more
And now, part 2 of my interview with Paul Wickham Schmidt (if you missed part 1, it is here): ASYLUMIST: Your Chairmanship ended in April 2001, a few months into the George W. Bush Administration. What happened? PWS: John Ashcroft was President Bush’s first Attorney General. He was advised by Kris Kobach, who was then … Read more
Paul Wickham Schmidt served as Chairman of the Board of Immigration Appeals (“BIA”) from 1995 to 2001. He was a Board Member of the BIA from 2001 to 2003, and served as an Immigration Judge in Arlington, Virginia from 2003 until his retirement earlier this year. He also worked in private practice and held other … Read more