Thread by @LilySAxelrod

1/? I'm live tweeting the EOIR open forum here at @aila #AILAAC22 with David Neal, EOIR director; Mary Cheng, EOIR deputy director; Charles Adkins-Blanch, Deputy Chief Appellate Immigration Judge; Sanjay Gupta; Chief Information Officer; Khalilah Taylor, ACIJ Falls Church

2/ Q: Can you confirm there are NO standing orders in effect?
A: NO standing orders currently in effect.
Q: Anticipated date for standing orders?
A: At this time, no.
Q: how much notice will we get if that changes?
A: As much as possible but not under consideration now.

3/ Neal: we are aware that EOIR was not accessible during prior admin and we are eager to change that course. We should engage in dialogue with the private bar and hear what's happening with your clients. Hope for open dialogue going forward.

4/Neal: We hope we will get appropriations for increased staffing and IJs. Proud of diversity of newly-hired IJs, encourage immigration attorneys to apply for IJ positions.

5/ Neal: new process for requesting records - email addresses for each court and BIA to request copy of files without having to go through FOIA. He's referring to this: justice.gov/eoir/request-r…

6/ Neal: we want to enhance pro bono representation, have done a nationwide study and discovered only 7 courts have established pro bono committee and they weren't meeting with the public. We created an ACIJ pro bono steering committee to facilitate pro bono rep.

7/Neal ctd: in particular looking at child respondents and vulnerable populations. How can we make it easier for attorneys to take on pro bono cases? ACIJs are holding stakeholder meetings to discuss. At BIA will have a new pro bono project as well.

8/ I have no idea what specifically he's talking about -- one big obstacle to pro bono representation is the court's lack of transparency and predictability.

9/ Q: Does EOIR have a process to review standing orders?
A: If you see something with in your area, tell the ACIJ.
Q: has OPLA made requests for standing orders?
A: No.

10/Tech Qs, & ECAS.
Q: Can you confirm the public can log into Webex / open voice through the online links? Any other procedures for members of the public to attend hearings that should be open to the public?
A: Yes, the links are online, IJ can see waiting room...

11/A ctd: IJ has discretion about who to allow in the hearing, and to determine why they are there. In open voice, similar process, IJ will ask the person to identify themself and reason for their participation, IJ has discretion to allow them or not.

12/Q: Does EOIR stop the asylum clock if the person request an in person hearing?
A: Yes.
(BOOOO)

13/Q: Does EOIR consider modifying instruction that no motion is required to appear by webex and if that changes, what kind of notice will we get?
A: We aren't looking at changing that. If we do, we'll provide as much notice as possible. It's not on our rdar right now.

14/Q: So is the plan to allow webex indefinitely?
A: "We are looking to leverage technology as much as possible for all our hearings" - can't share detail about future plans right now.

15/Q: ECAS, any update re: EOIR plan for email notification process for when a case is converted to electronic so we don't get a separate email notice for every document uploaded?
A: We have a solution, implementation will take time.

16/Q: Is EOIR looking into providing more detail in the email itself?
A: We have a solution , hopefully the email will have the last 4 of the A# and other identifying info so you know what the document is (before having to click the link) - on June 25!

17/Q:How can you change the email contact for an ECAS case eg if a colleague needs to cover something?
A: Same as in the paper world, file a motion to substitute. ECAS also will allow primary and non-primary counsel too.

18/Q: How to eg a medical for AOS if it's an ECAS case?
A: Just like the old way, file it physically with the court.
Q: EOIR policy for notice when there are multiple attorneys on the case? Inconsistent re who gets notice.
A: Only primary attorney receives ECAS notice, may change

19/Q: ICPM 5.2(i) requires good faith effort to get opposing party's position on the motion but OPLA is filing unilateral motions with footnote saying they aren't following the ICPM. Any guidance to IJs on this?
A: We get this from both sides. We can't tell IJs how to rule.

20/ A ctd: if you see this, raise it with the IJ.
Q: Any guidance to IJ re: when can an IJ proceed with a case when respondent opposes dismissal?
A: We can't tell judges how they rule, they make decisions based on the facts & apply the law.

21/Q: Any initiatives to reduce the backlog?
A: In all courts, we have specialized dockets w scheduling orders including use of special masters to resolve cases more efficiently. New: next month EOIR will have prehearing conference initiative in several courts.

22/A ctd: judges will identify cases that could be resolved ahead of merits by stipulation or limiting issues etc, and will send scheduling orders. This will start July 5.

23/Q: Any plans to purge any specific types of case in conjunction with OPLA perhaps?
A: We are focusing on what we can do making our scheduling more efficiently, bringing the parties together.

24/Q: EOIR Practice Manuals - any timeline for addressing AILA's feedback?
A: We are in preliminary stage of reviewing all comments, hope to republish both by end of July as PDFs and incorporate some changes.

25/ A ctd: we hope to make additional updates by the end of the summer. Encourage ongoing feedback and will continue to update the manual going forward. We commit to putting summary of major changes going forward so we can see what has changed.

26/Q is there a process for us to provide feedback?
A: If you see issues raise it with your local ACIJ or chief clerk's office (contact info in appendices of the manuals)

27/ Qs re: BIA: expected time frame for I-130 appeals?
A: No mandated time frames. We reach out to USCIS periodically to facilitate transfer of files, service centers are busy. If court looks and record is stale, we remand for updates. If 2+ years old we remand (this is most!)

28/ (This is hilarious - they sit on a BIA appeal of an I-130 for two years, blame the delay on USCIS, and then remand to update the record. That's not a meaningful appellate process).

29/Q: How long should joint and unopposed motions be pending at the BIA?
A: Joint and unopposed motions get flagged for clerks, segregated and expedited. We know there are delays. Hope to rectify this in the coming month. You can file a motion to expedite if delayed.

30/A ctd: if requesting to expedite a joint motion, can also call the clerk's office and confirm that it's on the expedited track.

31/Q: Motions for emergency action / extensions of briefing deadlines at the BIA - we don't get quick responses. Could BIA designate someone to review those emergency requests?

32/ A: We don't respond to motions to expedite - if we expedite, we expedite. Re briefing requests we answer within 3-5 days of receipt (doesn't include postal service delays - submit as soon as you can and monitor ECAS.

33/Q: How does BIA process cases remanded from courts of appeal? Expected timeframe? Must counsel file a new E27 when they previously repped client at BIA?
A: Try to complete remanded cases as quickly as we can. Yes, file a new E27.

34/A ctd: If electronic E27 comes before we get the federal court notice remand it might get rejected bc we don't have it in our system yet. If you're aware of a remand, reach out to clerk's office. We don't always get notice of remand right away.

35/Q: What IJ training to assess credibility & memory esp in trauma situations causing contradictions?
A: Judges get continuing training, all judges had training yesterday focused on issues related to trauma and torture. Hope to develop more training in this area.

36/ A ctd: we also train new judges in this issue. There has also been recent training on trans issues, using correct pronouns, creating a safe workplace, etc.

37/Q: Any training on bias for IJs?
A: We must be vigilant and monitor ourselves for bias of all sorts. In August we have an implicit bias training for IJs.

38/Audience questions!
Q: Can NTA be put into ECAS bond record in addition to main removal record? If you get E28 for bond only you can't access the NTA.
A: They are two separate proceedings, need to take that back to agency to discuss.

39/Q: Does BIA have policy not to adjudicate a motion eg to admin close or dismiss before briefing completed?
A: No. Joint motions are set aside and adjudicated first. We'd rather spend resources there. Unsure re: non-joint motions.

40/Q: Approved 42B cases awaiting a visa number. Current times?
A: 18-24 months at the moment.

41/Q: If DHS appeals to BIA, fails to file a brief after indicating that they would, is there a process for BIA to dismiss without Respondent being required to brief?
A: Not aware of any current process for that, will look into it.

42/Q: Can you please put asylum clock info back into ECAS?
A: Not sure, will get back to us.

43/Q: Can you tell us more about the pretrial conference thing? Who, where?
A: IJs will identify represented cases only (NOT pro se).

44/Q: What happens when 42B visa is available?
A: Contact ACIJ! HQ notifies the courts of the date.

45/Q: What do you do when qualifying relative for 42B is going to age out?
A: Reach out to the ACIJ, move to expedite the case.

46/Q: Courts aren't holding master calendar hearings so how can you restart the asylum clock?
A: Because of ongoing litigation can't discuss much but if the court is resetting cases, that's not a respondent delay.

47/Q: Is there a way to ask a case be held in abeyance when there's a federal case pending on a relevant issue?
A: You can file that motion but there's no specific process.

48/ Panel is done! Did my best to write clear answers but as usual, happy to answer questions / clarify if I can.