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Matthew Kolken on Deportation And Removal

Trump Administration Giving Immigration Judges 700 Case Per Year Quota

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In January of this year the Department of Justice issued a new set of deportation case priorities and immigration court performance measures.

This past Friday, Director James McHenry establised performance metrics for immigration judges, which will be implemented as of October 1, 2018. All goals are measured annually, from October 1 to September 30. The goals set a 700 case per year quota, a remand rate (including BIA and Circuit Courts) of less than 15%, and establishment of the following "benchmarks":

Performance is deemed satisfactory when an immigration judge meets at least half of the applicable benchmarks.

- In 85% of non-status detained removal cases, no more than three days elapse from merits hearing to immigration judge case completion.
- In 85% of non-status, non-detained removal cases, no more than 10 days elapse from merits hearing to immigration judges case completion, unless
completion is prohibited by statute (e.g. a cap on grants of relief) or completion is delayed due to a need for completion of background checks.
- In 85% of motions matters, no more than 20 days elapse from immigration judge receipt of the motion to adjudication of the motion.
- In 90% of custody redetermination cases, case is completed on the initial scheduled custody redetermination hearing date unless DHS does not produce the alien on the hearing date.
- In 95% of all cases, individual merits hearing is completed on the initial scheduled hearing date, unless, if applicable, DHS does not produce the alien
on the hearing date.
- In 100% of credible fear and reasonable fear reviews, case is completed on the initial hearing date unless DHS does not produce the alien on the hearing date.

Performance is deemed unsatisfactory when case completions fall below 560 cases per year, or the Judge has a remand rate (including BIA and Circuit Courts) of greater than 20%, or the immigration judge’s performance includes one or more of the following unsatisfactory benchmarks:

- In greater than 35% of non-status detained removal cases, more than three days elapse from merits hearing to immigration judge case completion.
- In greater than 35% of non-status, non-detained removal cases, more than 10 days elapse from merits hearing to immigration judge case completion,
excepting cases where completion is prohibited by statute (e.g. a cap on grants of relief) or completion is delayed due to a need for completion of background checks.
- In greater than 35% of motions matters, more than 20 days elapse from immigration judge receipt of the motion to adjudication of the motion.
- In greater than 30% of custody redetermination cases, case is not completed on the initial scheduled custody redetermination hearing date excluding cases where DHS does not produce the alien on the hearing date.
- In greater than 25% of all cases, individual merits hearing is not completed on the initial scheduled hearing date, excluding cases where DHS does not
produce the alien on the hearing date.
- In greater than 20% of credible fear and reasonable reviews, case is not completed on the initial hearing date, excluding cases where DHS does not
produce the alien on the hearing date.

Click here to read the full EOIR performance plan.

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Updated 04-04-2018 at 07:39 AM by MKolken

Comments

  1. ImmigrationLawBlogs's Avatar
    Excellent summary. I am working on an article about this plan right now that is scheduled to be published tomorrow. I explain why this plan won't work.

    Nolan Rappaport
  2. ImmigrationLawBlogs's Avatar
    For a discussion about the concerns expressed by two distinguished immigration judges, including retired judge Paul Schmidt, about this latest assault on due process and the rule of law in immigration cases by the Trump administration, see my April 3 Immigration Daily comment:

    http://blogs.ilw.com/entry.php?10483

    Roger Algase
    Attorney at Law


    Updated 04-03-2018 at 01:37 PM by ImmigrationLawBlogs
  3. MKolken's Avatar
    Quote Originally Posted by ImmigrationLawBlogs
    Excellent summary. I am working on an article about this plan right now that is scheduled to be published tomorrow. I explain why this plan won't work.

    Nolan Rappaport
    Looking forward to reading it.
  4. ImmigrationLawBlogs's Avatar
    For a warning that this latest attempt to pressure immigration judges into rushed decision-making in cases involving immigrants who are not given enough time to obtain legal representation or prepare their cases properly, all in support of Trump's racial agenda of speeding up deportations, could backfire by clogging up the federal courts with even more immigration-related lawsuits, see Amanda Marcotte's article in Salon.com (April 4):

    Jeff Sessions' new "quotas" for immigration judges: Pathway to mass deportation?

    https://www.salon.com/2018/04/04/jef...s-deportation/

    Roger Algase
    Attorney at Law
    Updated 04-04-2018 at 09:58 AM by ImmigrationLawBlogs
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