On August 8, 2025, the Executive Office for Immigration Review (EOIR) issued Policy Memorandum 25-40 on the Use of Generative Artificial Intelligence in EOIR Proceedings. It is the agency’s first public policy statement aimed squarely at regulating how AI should and...
Although the Supreme Court's decision in Pereira v. Sessions appears fairly technical and narrow, it isn't. It casts a light on a practice by the DHS dating back to 1996. In nearly all cases the DHS has served a deficient charging document, called a "Notice to...
Some concerning developments in the last few days require writing this post when we still don't have all of the details. Apparently the Immigration Courts are implementing a system of "No Dark Courtrooms," which may mean Immigration Courts operating 24/7. We are still...
Dimaya v. Sessions - Sessions loses. And the cherry on top? Justice Gorsuch cast the deciding vote and authored a compelling concurrence defending due process. In this landmark decision, the U.S. Supreme Court held that the definition of “crime of violence” in 18...
In a new published decision on November 1, 2016 the BIA attempted to clarify the possible scope of the waiver found at INA 237(a)(1)(H) but in doing so ignored the plain language of the statute. Matter of Tima, 26 I&N Dec. 839 (BIA 2016). The Board's...
Two reports over the weekend have made it clear that if anything is changing within the Obama administration, it is getting worse for immigrants. First, just in time for Christmas, the Obama administration is planning ICE raids, targeting Central American families who...
I argued a case in the Eighth Circuit in St. Louis in September, 2015 which demonstrates how vitally important it is for immigrants to have access to an immigration court attorney. We're still waiting for a decision, but whether we win or lose, the case demonstrates...
In immigration court, it's easy to focus only on "relief" from removal, but what if an immigrant in deportation proceedings isn't even deportable? Now you may be thinking the government would not put an immigrant into deportation proceedings if he isn't even...
The Board has published a new decision holding that to qualify as a "theft offense" for purposes of determining whether a conviction is an Aggravated Felony, the criminal statute must require an "intent to deprive the owner of rights and benefits of ownership" and...
In a precedent decision on March 27, 2014, the Board has held in Matter of C-J-H- that a person whose status has been adjusted from asylee to lawful permanent resident cannot subsequently readjust status under section 209(b) of the Immigration and Nationality Act, 8...