The Immigration Judge benchbook has gone missing from the internet. At least, it’s gone missing from the Department of Justice’s website. That creates two parallel problems.

First, we need a clear record of what the benchbook said in the past, because we’re often litigating immigration court cases on appeal years after the IJ made the decision and we need to see what guidance was available at the time.

Second, we need to know what the current benchbook says, as we assume the Department of Justice will keep updating it. If you’re looking for the current benchbook, I’ve been trying to get a copy via FOIA requests and have been posting what I’ve received here: https://www.hoppocklawfirm.com/immigration-judge-bench-book/

This post is about reconstructing the old benchbook from resources still online.

Thankfully, most of the old benchbook is still available on Archive.org. Using the last snapshot of the Benchbook from May, 2017, it is possible to reconstruct it. Here is my best reconstruction of the old Benchbook, using the original outline format. Where the links are broken, I’ve removed them and will update them when I get further responses to my FOIA requests.

INTRODUCTION

 

TOOLS FOR THE IMMIGRATION JUDGE

Scripts

Checklists, Worksheets & Forms

Introductory Guides

Sample Orders

Return to top of the page

TEMPLATES

Return to top of the page

LEGAL RESOURCES

Westlaw & LexisNexis

Virtual Law Library

“Fundamentals” Outline

2d Circuit

3d Circuit

9th Circuit

Circuit Resources

Return to top of the page

ALERTS

Creation of a Benchbook Advisory

As a part of the continuing efforts to make the Immigration Judge Benchbook more functional and user friendly, a Benchbook Advisory will be posted to the Benchbook to keep you apprised of changes that impact our work. These advisories will be written by sitting Immigration Judges as well as by attorneys within EOIR and contain analysis of a particular case or topic.