Resources on Removal Proceedings – IAN Update

In response to the backlog of cases pending before the Immigration Courts, on August 20, 2010 ICE Assistant Secretary John Morton issued a memorandum on “Guidance Regarding the Handling of Removal Proceedings of Aliens with Pending or Approved Applications or Petitions.” The memo discusses the steps that the ICE Office of Chief Counsel (the attorneys representing DHS/ICE in removal proceedings) should take in cases of detained and non-detained individuals who are the subject of pending applications or petitions that, upon approval, would provide an immediate basis for relief. In those cases, the Office of Chief Counsel is first advised to request expedited adjudication of the application or petition from USCIS. Second, the Office of Chief Counsel is advised to pursue termination of the removal proceedings. In general, termination may be requested by either party to removal proceedings, including U.S. ICE or the Respondent, but the decision is ultimately made by the Immigration Judge. In cases involving detained individuals, the memo also advises ICE to issue a release under certain circumstances following the termination of the removal proceedings.

The Immigration Advocates Network (IAN) has compiled a library on this issue.  It contains:

The memo on handling certain removal cases is available in the deportation and removal library at http://www.immigrationadvocates.org/link.cfm?15968

A previous ICE memo on civil enforcement priorities, which includes a discussion of detention and removal, is available at http://www.immigrationadvocates.org/link.cfm?15969

The immigration court practice manual, which provides guidance on motions and related immigration court procedures, is available at http://www.immigrationadvocates.org/link.cfm?15970

 A report from the ABA Commission on Immigration entitled, “Reforming the Immigration System,” which includes a discussion on the caseload burden in immigration court, is available at http://www.immigrationadvocates.org/link.cfm?15971

The “News” section contains: 

An article from the Houston Chronicle about ICE’s focus on the termination of removal cases at http://www.immigrationadvocates.org/link.cfm?15972

 A Washington Post article on the backlog of cases pending before the Immigration Court at http://www.immigrationadvocates.org/link.cfm?15973

Other resources on removal proceedings:

American Immigration Council The American Immigration Council (AIC) Legal Action Center issues practice advisories addressing a variety of immigration law issues to assist practitioners representing immigrants in removal proceedings at http://www.legalactioncenter.org/practice-advisory-topics

ASISTA ASISTA offers resources related to cases in proceedings/immigration court at http://www.asistahelp.org/index.cfm?nodeID=25162&audienceID=1

Executive Office for Immigration Review The Executive Office for Immigration Review (EOIR), which houses the Immigration Courts, maintains a page of resources, including forms, news, and information about Immigration Courts nationwide at http://www.justice.gov/eoir/

KJ