Written by Taher Kameli & Chathan Vemuri On January 19, 2021, a Final Rule issued by the Executive Office for Immigration Review EOIR will become effective that will “increase the fees for those EOIR applications, appeals, and motions that are subject to an EOIR-determined fee, based on a fee review conducted by the EOIR.” These fee increases apply to Forms EOIR-26, 29, 40, 42A, 42B, 45 and motions to reopen or reconsider before the Office of the Chief Immigration Judge (OCIJ) and the Board of Immigration Appeals (BIA). Notably, this Rule was first
Written by: Taher Kameli, Esq. President Trump has many groups of people that he dislikes – House Democrats, “Never Trump” Republicans, and the “mainstream media”. Besides these groups, in making a list of the persons disfavored by President Trump, asylum seekers and other detained migrants would also need to be included. In the latest example of the Trump administration taking action against asylum seekers and other detained migrants, on October 21, the Justice Department announced plans to collect DNA samples from asylum seekers and other detained migrants. As summarized in a “proposed rule” to
Written by: Taher Kameli, Esq. The U.S. federal governmental system is based on 3 branches of government – the executive (the President), the legislative (the Congress), and the judicial (the federal courts). On immigration issues, during the Trump administration, with Congress taking little action, it generally has been the executive branch (President Trump) vs. the judicial branch (federal judges). This “executive vs. judicial” battle has arisen on the issue of asylum, with the latest development being that a District Court judge has reinstated a nationwide injunction blocking the Trump administration’s new asylum restrictions. On July
Written by: Taher Kameli, Esq. The Federal judiciary has frequently been relied on to block the anti-immigration policies of the Trump administration. However, as with any litigation, there is no guarantee as to how any Federal judge will rule on any specific immigration law issue. This point was made abundantly clear on July 24 when 2 Federal courts issued different rulings on the Trump administration’s effort to significantly restrict asylum protection for migrants. These 2 cases involved lawsuits against the new rule of the Trump administration (published in the Federal Register to be effective July
Written by: Taher Kameli, Esq. “Asylum, you know I look at some of these asylum people, they’re gang members. They’re not afraid of anything . . . and they say ‘I fear for my life,’ they’re the ones causing fear for life. It’s a scam, it’s a hoax”. These prior comments by President Trump from early April clearly show that he opposes immigration to the United States based on asylum. Thus, it was no surprise when, on April 29, he issued “Presidential Memorandum on Additional Measures to Enhance Border Security and Restore Integrity
Written by: Taher Kameli, Esq. The Attorney General has the power to “certify” (review) and overturn prior rulings by immigration courts. Former Attorney General Jeff Sessions used this authority with respect to a number of immigration court decisions, and apparently, new Attorney General William Barr will be doing the same. On April 16, Attorney General Barr announced that a 2005 immigration court decision (Matter of X-K-) “was wrongly decided” and issued a ruling that will result in more asylum seekers being detained without bond while waiting for their cases to be heard.
Written by: Taher Kameli, Esq. There are many difficulties that asylum seekers to the United States face in trying to achieve effective legal representation. Language barriers and the financial burden of paying legal fees to a knowledgeable, experienced immigration attorney are just 2 of the problems that asylum seekers must confront. However, those asylum seekers to the United States subject to President Trump’s Migrant Protection Protocols program (known as the “Remain in Mexico” program) must address additional special difficulties in obtaining effective legal representation. Since late January, pursuant to the “Remain in Mexico” program, the