The BIA, in Matter of Melgar, 28 I&N Dec. 169 (BIA 2020), denied a Motion to Reopen based on ineffective assistance of counsel. The Board held: Counsel’s acceptance of responsibility […]
Archives for December 2020
EOIR Unleashes Barrage of Proposed and Final Rules
Over the last few weeks, EOIR has published many proposed rules and final rules. Many of these final rules become effective in the waning days of the Trump Administration. Note, […]
EOIR Issues Policy Memorandum Creating Enhanced Flow Processing – Effective December 1st
This new policy memorandum is the basis for recent reports of expedited scheduling orders. The new “enhanced case flow processing” model will replace master calendar hearings with strict scheduling orders […]
EOIR Issues Proposed Rule on Electronic Filing
EOIR is proposing to implement electronic filing and records applications for all cases before the immigration courts and the Board of Immigration Appeals (“BIA”). The proposed rule would update the […]
EOIR Issues Proposed Rule on Motions To Reopen/Reconsider and Stays
The proposed rule proposes to amend EOIR regulations governingthe filing and adjudication of motions to reopen and reconsider and to addregulations governing requests for discretionary stays of removal. The proposed […]
EOIR Issues Proposed Rule Defining Good Cause
The proposed rule would revise 8 CFR 1003.29 and codify standards for what constitutes ‘‘good cause’’ in different scenarios. First, the proposed rule at 8 CFR 1003.29(b)(1) would define ‘‘good […]
District Court Sets Aside DHS and DOL H-1B Wage Rule
The US District Court for the Northern District of California held that the new Rule violated the APA. The Court concluded that Plaintiffs were entitled to judgment in their favor […]
Ninth Circuit Upholds Injunction on Public Charge Rule
On December 2, 2020, the Ninth Circuit Court of Appeals upheld preliminary injunctions issued against DHS’s Public Charge Rule issued by the Northern District of California and the Eastern District of Washington. […]