how to recievve an immigration judge appointment by an attorney general

What is an immigration judge?

Feb 15, 2022 · The steps are as follows: Once the application period closes, all applications will be screened for completeness and minimum requirements. Those applications that pass the screening will be reviewed, and the strongest candidates will …

How is an immigration judge appointed under Section 240?

(a) Appointment. The immigration judges are attorneys whom the Attorney General appoints as administrative judges within the Office of the Chief Immigration Judge to conduct specified classes of proceedings, including hearings under section 240 of the Act. Immigration judges shall act as the Attorney General's delegates in the cases that come before them.

Should merits-based appointments be allowed in immigration court?

Mar 17, 2022 · Attorney General William P. Barr appointed Colleen M. Glaser-Allen as an Assistant Chief Immigration Judge in October 2020. Judge Glaser-Allen earned a Bachelor of Arts in 1992 from the University of Illinois at Urbana-Champaign, a Juris Doctor in 1995 from the University of Illinois College of Law at Urbana-Champaign, and a Master of Laws in ...

Does the Attorney General have an obligation to the immigration court?

Jun 25, 2019 · The attorneys general appointed by President Trump have used their authority over the immigration courts to weaponize them against asylum seekers and immigrants of color in support of Trump's anti-immigrant policies. ... The attorney general permits immigration judges to engage in unilateral docket changes that undermine respondents’ right to ...

Who picks Immigration Judges?

the U.S. Attorney GeneralAn immigration judge is appointed by (and works under the direction of) the U.S. Attorney General.

How long does it take for an immigration appeal to be heard?

The BIA states that it generally seeks to adjudicate cases in no more than 180 days, however appeals can take between 8-18 months (depending on the novelty and complexity of the legal issues being reviewed).

How many Immigration Judges are there in the United States?

Currently, there are approximately 350 immigration judges who “advise noncitizens of their legal rights, hear testimony, make credibility findings and rulings on the admissibility of evidence, entertain legal arguments, adjudicate waivers and applications for relief, make factual findings and legal rulings, and issue ...

How can I appeal to BIA?

To have a decision by the BIA appealed to the federal court, the individual must file a petition for review in the court with jurisdiction over the immigration court where the decision was made. Petitions for review must be received by the appropriate court within 30 days of the date of the BIA decision.

How long does it take for immigration judge to make a decision?

If the judge issues a written decision, it will be mailed to the immigrant or, if applicable, the immigrant's attorney. The decision of the immigration judge is final unless either party appeals it to the Board of Immigration Appeals within 30 days.

Why is USCIS taking so long to process 2021?

This backlog is largely due to the USCIS office closures amid the COVID-19 pandemic. Form I-131 (“Application for Travel Document – Advance Parole”): Applications for advance parole saw a large increase in processing times, from 4.6 months in FY 2020 to 7.7 months in FY 2021.

How do you address an immigration judge?

The letter should be addressed to “Honorable Immigration Judge.” • Introduce yourself, your immigration status, and address. If you are doing so in a professional capacity, letterhead is sufficient and no need to include a personal address.

Can immigration judge approved 485?

Once USCIS approves the I-130, the immigration judge will accept and make a decision on Form I-485, Application to Adjust Status or Register Permanent Residence. When reviewing the I-485, the immigration judge may apply special rules for persons who are adjusting status in court rather than through USCIS.

Can a foreigner be a US judge?

Judiciary offices must obtain concurrence from the Administrative Office of the U.S. Courts, Office of General Counsel, to appoint an individual who is not a U.S. citizen.

What happens BIA denial?

If You Are Denied by the B.I.A. denies your appeal, you may file another appeal, this time with the federal Circuit Court of Appeals that serves your jurisdiction. If that fails, you may continue your appeal up to the U.S. Supreme Court (if it accepts the case, which is unlikely).

Do you desire oral argument before the Board of Immigration Appeals?

The Board ordinarily will not grant a request for oral argument unless you also file a brief. If you mark “Yes” in item #8, you will be expected to file a written brief or statement after you receive a briefing schedule from the Board.

How do I appeal immigration denial?

Generally, you must file an appeal within 30 days from the date of the decision (not the date you received the decision). A shorter appeal period may apply to some cases such as the revocation of the approval of a petition, which has a 15-day deadline. Your decision will tell you how long you have to file the appeal.Sep 2, 2021

Who appoints immigration judges?

The immigration judges are attorneys whom the Attorney General appoints as administrative judges within the Office of the Chief Immigration Judge to conduct specified classes of proceedings, including hearings under section 240 of the Act.

What is the authority of a temporary immigration judge?

A temporary immigration judge shall have the authority of an immigration judge to adjudicate assigned cases and administer immigration court matters, as provided in the immigration laws and regulations, subject to paragraph (e) (3) of this section. (3) Assignment of temporary immigration judges.

How long does it take for an asylum case to be adjudicated?

In the absence of exceptional circumstances, an immigration judge shall complete administrative adjudication of an asylum application within 180 days after the date an application is filed.

How should immigration judges be selected?

Immigration judges should be selected through a transparent process with more rigorous criteria to ensure the creation of a high-quality judge corps that has deep knowledge of immigration law and is well-suited to adjudicate removal cases fairly.

What is the role of immigration judges?

In effect, immigration judges are the attorney general’s attorneys who decide immigration claims of individuals the government is trying to deport. Within EOIR is the Board of Immigration Appeals (BIA), the appellate body for the immigration courts.

Why is the immigration court system failing?

The immigration court system has failed to fulfill the constitutional and statutory promise of fair and impartial case-by-case adjudication for noncitizens in removal proceedings largely because the attorney general’s unitary control has always bent the system toward enforcement and away from fair adjudication. This unitary control has enabled the weaponization of the court system under the Trump administration. It also undermines the ability of immigration judges to undertake independent adjudications and to provide full and fair hearings, and simultaneously fails to hold judges accountable for due process violations.

What is the purpose of the Board of Immigration Appeals?

As an administrative appeals body with jurisdiction to review all removal orders issued by immigration judges, the BIA is supposed to “provide clear and uniform guidance … on the proper interpretation and administration of the [INA] and its implementing regulations.” However, the BIA has done nothing meaningful to create uniformity in immigration adjudication or to hold judges accountable for deviations from the rule of law.

How has the Attorney General manipulated the judicial docket?

The attorney general has manipulated judicial dockets to achieve his enforcement priorities. The Trump administration’s attorneys general have interfered with immigration judges’ control of their courtrooms by reassigning case dockets to align with their enforcement priorities.

What are the principles of fair and impartial adjudication in the immigration court system?

To guarantee fair and impartial adjudication in the immigration court system, reform must be informed by the guiding principles of transparent, merits-based appointment of judges; tenure and protection from removal without cause; internal accountability mechanisms; and a functioning appellate system.

What is the role of immigration judges in the Trump administration?

Under the Trump administration, immigration judges are viewed as the attorney general’s proxies for enforcing deportations—not as independent case-by-case adjudicators. Over the past two years, the attorneys general have plainly encouraged biased decision-making, including by fomenting judges’ distrust of asylum seekers and their attorneys.

What are the duties of an immigration judge?

Immigration Judges make decisions which are final unless formally appealed. In connection with these proceedings, Immigration Judges exercise certain discretionary powers as provided by law, and are required to exercise independent judgment in reaching final decisions. Immigration Judges may be required to conduct hearings in penal institutions and other remote locations.

What is the Executive Office for Immigration Review?

The Executive Office for Immigration Review (EOIR) seeks highly-qualified individuals to join our team of expert professionals in becoming a part of our challenging and rewarding Agency. The primary mission of the EOIR is to adjudicate immigration cases by fairly, expeditiously, and uniformly interpreting and administering the Nation's Immigration laws. Under delegated authority from the Attorney General, EOIR conducts immigration court proceedings, appellate reviews, and administrative hearings.

What degree do I need to become an attorney?

Education: Applicants must possess a LL.B., LL.M., or a J.D. degree. Licensure: Applicants must be an active member of the bar, duly licensed and authorized to practice law as an attorney under the laws of a U.S. state, territory, Puerto Rico or the District of Columbia (include the date of your admission to the bar).

What documents are needed for a 5 point VA preference?

Documentation supporting eligibility for a special appointing authority (eligible veterans, disabled, etc.) Although the point system is not used, per se, if claiming 5-point veterans' preference, include a Form DD-214 or correspondence from the Veterans' Administration.

What is a qualifying litigation experience?

Qualifying litigation experience involves cases in which a complaint was filed with a court, or a charging document (e.g., indictment or information) was issued by a court, a grand jury, or appropriate military authority.

Can the Department of Justice control further dissemination and/or posting of information contained in this vacancy announcement?

The Department of Justice cannot control further dissemination and/or posting of information contained in this vacancy announcement. Such posting and/or dissemination is not an endorsement by the Department of the organization or group disseminating and/or posting the information.

Is the Department of Defense security requirement waived?

This is a Department security requirement which is waived only for extreme circumstances and handled on a case-by-case basis.

Who appointed Gabriel Gonzalez as a temporary immigration judge?

Acting Attorney General Jeffrey A. Rosen appointed Gabriel Gonzalez as a temporary Appellate Immigration Judge in January 2021. Judge Gonzalez earned a Bachelor of Arts in 1990 from New York University and a Juris Doctor in 1994 from the Georgetown University Law Center. Since 1994, he has served as an attorney advisor, Board of Immigration Appeals, Executive Office for Immigration Review, joining the Department of Justice through the Attorney General’s Honors Program. During this time, in 1998, Judge Gonzalez served on detail as a special assistant U.S. attorney for the Department of Justice, U.S. Attorney’s Office, District of Columbia, Misdemeanor Division. Judge Gonzalez is a member of the New York State Bar.

Who appointed Judge Hunsucker?

Attorney General William Barr appointed Keith E. Hunsucker in August 2019. Judge Hunsucker received a Bachelor of Arts in 1984 from the University of Akron and a Juris Doctorate in 1987 from the University of Akron School of Law. From August 2010 to September 2017, Judge Hunsucker served as an immigration judge in Port Isabel, Texas. From September 2017 to August 2019, Judge Hunsucker served as an immigration judge in Cleveland. From 2000 to August 2010, he worked as a senior instructor for the Federal Law Enforcement Training Center, Legal Division, Department of Homeland Security, in Glynco, Georgia. From 1992 to 2000, he worked as an attorney for the former Immigration and Naturalization Service (INS), in Atlanta. From 1989 to 1992, he was an attorney for the former INS in Harlingen, Texas. From April 1989 to September 1989, Judge Hunsucker was a law clerk for the Ohio Court of Appeals, 9th Judicial District. From 1988 to 1989, he was in private practice. From 1987 to 1988, Judge Hunsucker worked as an INS attorney in the Attorney General’s Honors Program, in San Francisco. Judge Hunsucker is a member of the Ohio State and District of Columbia Bars.

What is the BIA?

The Board of Immigration Appeals (BIA or Board) is the highest administrative body for interpreting and applying United States immigration laws. The BIA is authorized 23 Appellate Immigration Judges, including a Chief Appellate Immigration Judge and one or two Deputy Chief Appellate Immigration Judges. Primarily, the BIA reviews appeals ...

Who appointed Lisa de Cardona?

Attorney General Merrick B. Garland appointed Lisa de Cardona as a temporary Appellate Immigration Judge in May 2021. Judge de Cardona earned a Bachelor of Arts in 1986 from St. Joseph’s University and a Juris Doctor in 1990 from the Widener University School of Law. From October 2017 to May 2021, Judge de Cardona served as an Immigration Judge at the Falls Church Immigration Adjudication Center. From 2016 to October 2017, she served as an Immigration Judge at the Philadelphia Immigration Court. From 2013 to 2016, she served on detail as an Associate Program Director with the Office of Legal Access Programs, Office of the Director, Executive Office for Immigration Review (EOIR). From 1991 to 2013, she served with the Board of Immigration Appeals, EOIR, as an acting Senior Panel Attorney, Team Leader, and Attorney Advisor. She began her career with the Department of Justice in 1990 as a Judicial Law Clerk at the Office of the Chief Administration Hearing Officer, EOIR, as part of the Attorney General’s Honors Program. Judge de Cardona is a member of the New Jersey State Bar and the Pennsylvania Bar.

Is Judge Baird a police officer?

From 1992 to 1993, he was in private practice. From 1986 to 1990, he was a police officer. Judge Baird has taught as adjunct faculty at the Georgia State University College of Law, Clayton State University and the University of West Georgia. Judge Baird is a member of the State Bar of Georgia.

Is the BIA binding?

BIA decisions are binding on all Immigration Judges and DHS officers. Certain BIA decisions are designated for publication in the Administrative Decisions Under Immigration and Nationality Laws of the United States. Biographical information on the current BIA members follows.

Immigration Judges Appointed by Attorney General Jeff Sessions

September 28, 2018 Investiture Ceremony [ see blog] In the largest-ever investiture ceremony, 46 immigration judges were sworn in to serve on 19 immigration courts across the United States

Immigration Judges Appointed by Former Attorney General Loretta Lynch

April 10, 2017 Investiture Ceremony [ see blog] Fourteen new immigration judges sworn in to serve on twelve immigration courts: Atlanta Immigration Court; Boston Immigration Court; Florence Immigration Court; Imperial Immigration Court; Los Angeles Immigration Court; Miami Immigration Court (2); Miami Krome Immigration Court; New York City Immigration Court (2); Omaha Immigration Court; San Antonio Immigration Court; and Varick Street Immigration Court.

Assistant Chief Immigration Judges

We also have one post detailing the November 12, 2015 announcement of the appointment of six new assistant chief immigration judges [ see blog ]. Assistant chief immigration judges perform managerial roles, overseeing the operations of immigration courts to which they are assigned.

Conclusion

We will continue to update this index as we post blogs about new immigration judges being sworn in. To learn about specific immigration issues that may arise before immigration judges, please see the various categories of articles on our website.

New York City Immigration Court

The New York City Immigration Court gained two new immigration judges.

Fort Worth (Texas) Immigration Adjudication Center

The Fort Worth Immigration Adjudication Center gained three new immigration judges.

Las Vegas Immigration Court

Two new immigration judges were sworn in to sit on the Las Vegas Immigration Court.