Congress Holds EOIR Oversight Hearing

On September 23, 2008 the House Judiciary Committee held its first oversight hearing of the Executive Office for Immigration Review (EOIR), an arm of the Department of Justice (DOJ) that includes the Immigration Courts and Board of Immigration Appeals (BIA). The oversight hearing occurred amidst reports of politicized hiring at DOJ, concerns about the “streamlining” of appeals at the BIA, and criticisms of DOJ’s failure to request appropriations for additional immigration judges. John Conyers (D-MI), chair of the House Judiciary Committee, expressed dismay at how 215 judges could be expected to handle 300,000 cases per year, calling the burden a “crushing workload” that is causing an “appellate mess that is spilling over into the federal courts.”

Click here to read the transcript and testimony from the hearing.

EOIR Proposed Rule on BIA Streamlining and Affirmance Without Opinion

Last month, the American Immigration Lawyers Foundation (AILF) and other groups filed comments expressing concern about a proposed DOJ-EOIR rule change that would enhance the BIA’s discretion to decide whether to issue summary affirmances, called Affirmances Without Opinion (AWO), of immigration judge decisions. AILF expressed concern that the proposed rule was an attempt to limit federal court review of the BIA’s use of the AWO procedure. The proposed rule would also expand the BIA’s authority to refer cases to a three-member panel and authorize publication of precedent decisions by a majority of a three-member panel.

Click here to read the proposed rules.

Click here to read AILF’s complete comments.

BIA Ruling in FGM Case Vacated

Last week the Attorney General vacated a 2007 decision of the Board of Immigration Appeals in which it held that a Malian woman who had previously been subjected to female genital mutilation (FGM) was not eligible for withholding of removal because FGM is a “one-time” act of persecution that cannot be repeated on the same woman. In his decision, the Attorney General noted that the BIA’s ruling was incorrect as a matter of fact and as a matter of law. The case was remanded to the BIA for a decision consistent with the Attorney General’s opinion.

Click here to read the decision, Matter of A-T-, 24 I&N Dec. 617 (A.G. 2008).

HRF Annual Dinner

The 2008 Human Rights First Awards Dinner will take place on Thursday, October 23, at Chelsea Piers in New York City. This year, Human Rights First will salute longtime human rights activist Senator Ted Kennedy and honor two human rights defenders: Oleg Kozlovsky of Russia and Nora Younis of Egypt. For more information, click here. To make reservations, please call 212-573-6933 or dinner@humanrightsfirst.org.