Detained immigration attorneys - EOIR has a new page up describing "clerical transfers" where the court says it can now change venue from one court to another "with only an administrative notation" - no need for a change of venue motion or order by the IJ.…
There are serious due process problems here if, for example, a court clerk in El Paso can just change venue to Atlanta with an "administrative notation" without notice to either party.
They also updated the Uniform Docketing Manual System Manual on Friday with a new section about "clerical transfer." It gives release from a detention setting as one example where this will be used but no more detail about when else it will be used.…
If they actually inform people, this could be really great. But the new USDM section doesn't list any steps about informing people of where their case has been transferred. I am afraid people will miss hearings because of this and get ordered removed.
BTW, whether "good" or "bad," EOIR is once again violating the current immigration regulations. Under the current regs, changes of venue must be granted by an Immigration Judge. The solution, if this is a good policy change, is changing the regs through notice and comment.

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More from @MatthewHoppock

8 Feb
As EOIR continues to slowly roll out its ECAS e-filing system I'm looking at the agency's budget reporting for the system, and things are not good. In FY 20 they planned to train 620 employees to use it but only trained 341.…
They had planned to have 200,000 cases in electronic format for FY 2020. They achieved less than half of that.
In 2020 the DOJ's Chief Information Officer described the $23.5M investment in ECAS as Yellow "due to missed performance metrics"
Read 7 tweets
22 Jan
New BIA decision on divisibility of drug statutes, but this footnote is doing some heavy lifting. The DHS accused someone of being a citizen of the Soviet Union. The BIA had to clarify that the Soviet Union doesn't…
The judge terminated the case. BIA granted the DHS's appeal and reversed the termination. Meaning the BIA kept the case alive, even though the DHS has only alleged the person is a citizen of a country that doesn't exist. Yes, I'll get to the merits, but jeez this is silly.
So, the merits. The person was convicted of violating a broad controlled substance statute that included substances which aren't banned federally. To convict him, the state didn't have to prove which substance was at issue. So, is it a "controlled substance" crime?
Read 4 tweets
22 Jan
There's more in the OIG report about IJ hiring than just the sexual harassment stuff. In this example, a senior EOIR employee involved in IJ hiring personally intervened for one candidate and replaced one of the judges on her hiring panel "to improve her chances of being hired."
It was his day off, but he came into the office anyway to intervene in this particular candidate's hiring. He invited her to his office to admire the view, escorted her to the interview room, and then invited her to his apartment afterward to change clothes.
It's alarming how much of this report is redacted - and there are more records they haven't turned over. The OIG said these actions communicated to the hiring panel that she was his close friend and that he "was providing her preferential treatment based on his relationship"
Read 9 tweets
22 Jan
One of the judges this story mentions is William Cassidy, who was promoted from an Atlanta IJ position to a BIA member position in 2019 by the Trump DOJ. Cassidy has an awful history that has been well-documented, but I'm still enraged reading this reporting.
The story notes that the EOIR Director served as an ICE attorney in Atlanta and practiced before Cassidy for years. And it points to FOIA records unearthed by Bryan Johnson showing they remain friendly.
A trove of complaints against Cassidy was published by AILA in 2019 after FOIA litigation. They generally show misconduct, substantiated in the record, followed by "written counseling" etc.…
Read 15 tweets
22 Jan
People should read the OIG report about sexual misconduct in the IJ hiring process. The sex stuff wasn’t found to be misconduct but giving an IJ candidate the questions in advance was. I’m posting the redacted report we received through FOIA here.…
First, a the report describes senior EOIR employees using “code words” to rate prospective female immigration judge candidates based on how sexually attractive they were. Those men are still employed by EOIR.
Their code word for a woman they considered very attractive was “smart” or “really smart.” Imagine being interviewed for a high level government job and having your panel refer to you as “smart” only to later find out they were just using their code language to refer to your body
Read 8 tweets
20 Jan
EOIR's policy manual - they updated the "Table of Changes" yesterday, but still it lists no changes.
Yet they appear to still be making changes. E.g.
Elsewhere, some pages say they have been updated as recently as yesterday, but they haven't. This one is identical to the copy I scraped on 1/13 (including the broken link to "Chapter 2").
Read 4 tweets

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