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Immigration court judges will have to follow the precedent from the Board of Immigration Appeals because it is binding, unless a federal appeals court or the U.S. Attorney General says otherwise.
EOIR has also been criticized for the significant backlog of immigration cases; as of December 2020, there are more than 1.2 million pending cases across the immigration courts. [29] In 2018, the Department of Justice instituted case quotas for immigration judges, requiring each to complete 700 cases per year, a rate requiring each IJ to close ...
Currently there are 3.6 million cases pending before immigration judges, the largest number of such cases in the history of the American immigration system. That is a 44% increase from the 2.5 ...
Pereida v. Wilkinson, 592 U.S. ___ (2021), was a United States Supreme Court case in which the Court ruled that a non-citizen seeking cancellation of an administrative removal order does not meet the statutory burden of proving their eligibility for cancellation under the Immigration and Nationality Act (INA) [1] unless they can show that a past criminal conviction was not disqualifying, even ...
Wilkins, 112 U.S. 94 (1884) – Court held that even though Elk was born in the United States, he was not a citizen because he owed allegiance to his tribe when he was born rather than to the U.S. and therefore was not subject to the jurisdiction of the United States when he was born.
The ruling was issued in a “sham marriage” case after an American citizen applied with the U.S. Citizenship and Immigration Services (USCIS) to obtain a visa for her noncitizen Palestinian ...
Pereira v. Sessions, Attorney General, no. 17-459, 585 U.S (2018), is a United States Supreme Court case regarding immigration.In an 8-1 majority, the Court reversed a lower court’s decision by ruling that a Notice to Appear which does not inform a noncitizen when and where to appear for a removal proceeding is not valid under 8 U.S. Code § 1229(b) and therefore does not trigger the stop ...