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Like the EOIR director and deputy director, the Chief Immigration Judge is appointed by the attorney general, though he or she is supervised directly by the director of EOIR. [13] The Office of the Chief Immigration Judge oversees nearly 500 immigration judges, 60 immigration courts, and 30 assistant chief immigration judges (ACIJ) based in the ...
On November 21, 2017, Judge Marvin J. Garbis granted the Plaintiffs' motion for preliminary injunction on the entirety of the Presidential Memorandum of August 25, [3] stating in his Order "[t]he lack of any justification for the abrupt policy change, combined with the discriminatory impact to a group of our military service members who have ...
Removal proceedings begin when an immigration attorney files a NTA with the immigration court. The respondent (typically an alien) is served with an administrative summons called a "Notice to Appear."
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
Involuntary dismissal is made by a defendant through a motion for dismissal, on grounds that plaintiff is not prosecuting the case, is not complying with a court order, or to comply with the Federal Rules of Civil Procedure. Involuntary dismissal can also be made by order of the judge when no defendant has made a motion to dismiss.
Stipulated removal is a summary deportation procedure used in immigration enforcement in the United States.Stipulated removal occurs when a noncitizen who is facing removal proceedings and is scheduled for a hearing with an immigration judge signs a document stipulating that he/she is waiving the right to trial and to appeal, and is prepared to be removed immediately.
The Board of Immigration Appeals (BIA) is an administrative appellate body within the Executive Office for Immigration Review of the United States Department of Justice responsible for reviewing decisions of the U.S. immigration courts and certain actions of U.S. Citizenship Immigration Services, U.S Customs and Border Protection, and U.S. Immigration and Customs Enforcement.
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