This Q&A provides an overview of EOIR’s regulations on voluntary departure, issued December 18, 2008. The regulations, which went into effect on January 20, 2009, address various aspects of voluntary departure, including what happens to voluntary departure when motions to reopen and reconsider and petitions for review are filed.
Single BIA members are deciding summarily thousands of case using the "affirmance without opinion" procedure. This Practice Advisory discusses arguments that challenge a BIA Member's use of this procedure to deny an appeal.
The Memory Coat Journey - A Board Game is designed as a follow-up enrichment activity to the picture book The Memory Coat Journey which follows a Russian Jewish boy on his journey to America during WWII.
Texas Solicitor General James Ho wrote an analysis for the Immigration Policy Center (posted on immigrationpolicy.org) looking at the Senate debate when the amendment was passed, as well as applicable Supreme Court rulings, and concluded that "birthright is protected no less for children of undocumented persons than for descendants of Mayflower passengers."
AILF and AILA Comment on EOIR’S Proposed Rule on “Streamlining” AILF and AILA’s comment on the proposed rule, “Board of Immigration Appeals: Affirmance Without Opinion, Referral for Panel Review, and Publication of Decisions as Precedents,” emphasizes the need for continued federal court oversight of the use of the “affirmance without opinion” procedure; it also objects to EOIR’s proposal to allow to permanent members of the BIA issue precedent decisions. The comment was submitted on August 18, 2008.
Timeliness of BIA Appeal
The LAC argues in this amicus brief that the Board has the authority to consider a late appeal in unique circumstances and that the failure of a guaranteed overnight delivery service to deliver the appeal on time constitutes a “unique” circumstance justifying acceptance of the late appeal.
Liadov, et al v. Gonzales 8th Circuit No. 06-3522
Ineffective Assistance of Counsel
The LAC has long worked to protect the right to effective assistance of counsel in removal proceedings. Read more about our efforts at our Ineffective Assistance of Counsel advocacy page.
The American Immigration Law Foundation's Curriculum Center held five successful teachers' symposia in 2006. Teachers attended free day long professional development workshops in Chicago, Miami, Philadelphia, San Francisco and Washington, D.C.The symposia focused on current immigration policies, presenting immigration in the classroom, sharing stories through oral history, learning with literature and media and using artifacts, primary sources and dramatic arts to teach immigration.
As of 2008, "New Americans" were one in ten of all registered voters in the country, according to a new Immigration Policy Center report. Two-thirds of those are naturalized U.S. citizens and a little over one-third are the American-born children of immigrants, primarily from Latin America and Asia.
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A new report out today offers an updated snapshot of a profound shift in electoral demographics.
EWING As of 2008, New Americans were one in ten of all registered voters in the country. That’s 15 million registered voters.
What’s a “New American”? Walter Ewing, senior researcher at the Immigration Policy Center, breaks it down: roughly two-thirds are naturalized US citizens; a little over one-third are the American-born children of immigrants, primarily from Latin America and Asia. Since the Census Bureau first started collecting this data in 1996, the total number of ‘New American’ voters has jumped more than one-hundred percent. As of 2008, they had the numbers to play a pivotal role.
EWING We did identify states in which the number of New American registered voters was greater than the numbers of votes by which either Obama or McCain won the state… That was the case in FL, CA, TX, NC, NJ, GA, VA, AZ, MO, NV, IN and Montana, even.
To identify New Americans as a voting “bloc,” however, has its limits.
EWING They’re a “bloc” in the sense of having a personal connection to immigrant experience – but that doesn’t mean they all vote the same way.
Candidates – especially those in close elections – would do well to take heed of one over-arching characteristic.Read more...
For far too long, immigration courts have failed to provide a fair, efficient and effective system of justice for noncitizens in this country. Through advocacy and litigation, the LAC has urged the adoption of laws and policies intended to ensure all noncitizens a meaningful opportunity to be heard. The LAC also has issued a number of practice advisories regarding immigration court and Board of Immigration Appeals procedures.
Liadov v. Mukasey, No. 06-3522 (8th Cir. amicus brief filed Dec. 13, 2006) (arguing that the Board has authority to consider late-filed appeal in unique circumstances and that failure of a guaranteed overnight delivery service to deliver appeal on time constitutes such a “unique” circumstance). In a precedent decision, Liadov v. Mukasey,518 F.3d 1003 (8th Cir. 2008), the court denied the petition for review.
Comments to the Department of Justice/Executive Office for Immigration Review regarding the “Retrospective Regulatory Review” (submitted Nov. 27, 2012). The Council, in collaboration with AILA, urged EOIR to amend regulations pertaining to motions to reopen, stays of removal, bond hearings, telephonic and video hearings, filing and service of documents and decisions, and stipulated removal orders.Read more...