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Agencies & Liaison
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Department of Justice/EOIR
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Agency Memos, Cables, Letters & Guidance
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2005 - 2004
2005 - 2004
OCIJ Responds to Videoconferencing Report
(11/9/2005)
In a 8/31/05 letter to the Chicago Appleseed Fund for Justice, Chief Immigration Judge Michael Creppy criticizes the methodology and several findings made by the group's report on the use of videoconferencing in removal proceedings.
EOIR Issues Memorandum on Definitions and Use of Administrative Codes
(7/6/2005)
Effective 6/16/05, the memorandum updates the list of adjournment, call-up and case identification codes. The list notes which codes exempt cases from case completion goals, from aged case completion goals, and which codes stop the asylum clock. AILA Doc. No. 05070660.
EOIR Memorandum on Lifting of Numerical Limitations on Asylum Grants Based on Coercive Population Control Methods
(5/20/2005)
Rescinding OPPM 99-01, this memorandum instructs on Immigration Judge procedures relating to Coercive Population Control asylum applications. AILA Doc. No. 05052022.
EOIR Issues Memorandum on Background and Security Investigations in Proceedings
(4/15/2005)
The EOIR memorandum provides instructions to Immigration Judges and the Board of Immigration Appeals on the new rules regarding background and security checks, and the granting of relief. AILA Doc. No. 05041565.
Post-Order Instructions for Submitting Biometrics
(37 KB - 4/4/2005)
As part of the new security checks process for people in proceedings, this form has been provided by some immigration courts to respondents who have been granted relief. AILA Doc. No. 05040473.
Instructions for Submitting Certain Applications in Immigration Court
(92 KB - 4/4/2005)
Instructions for submitting certain applications in Immigration Court and for providing biometric and biographic information to USCIS. AILA DOc. No. 05040472.
EOIR Memorandum on Procedures for Issuing Recusal Orders in Immigration Proceedings
(3/23/2005)
The EOIR memorandum instructs Immigration Judges on procedures for issuing recusal orders in proceedings. AILA Doc. No. 05032369.
EOIR Memorandum on Immigration Judge Reassignment/Transfer Policy
(3/23/2005)
The EOIR memorandum sets forth the policy and procedures regarding the reassignment and/or transfer of immigration judges. AILA Doc. No. 05032368.
DOJ Modifies its Prior Interpretation of Torture in Analyzing Standards of Conduct for Interrogation
(1015 KB - 10/4/2005)
A 12/30/04 memo by DOJ's Office of Legal Counsel to the Deputy Attorney General supersedes in its entirety the August 2002 memo interpreting the federal criminal prohibition against torture, reinforces the unequivocal prohibition against torture, and provides important modifications to its prior analysis of standards of interrogation conduct. AILA Doc. No. 05010462.
EOIR Memorandum on Safe Third Country Implementation
(1/24/2005)
The 12/29/04 memo provides guidance to Immigration Judges on their role in the implementation of the Safe Third Country agreement in the immigration courts. AILA Doc. No. 05012472.
EOIR Revises Guidance on Telephonic and Video Hearings
(54 KB - 8/18/2004)
The Executive Office for Immigration Review's Office of the Chief Immigration Judge in OPPM No. 04-06 set forth new interim procedures for conducting and handling telephone and video conference hearings. Supersedes OPPM No. 04-04 issued July 22, 2004. AILA Doc. No. 04081891.
EOIR Provides Guidance to Courts Creating a Record in Telephonic and Video Conferences
(8/2/2004)
A 7/22/04 memorandum instructs the Immigration Courts on creating an accurate record of the location of the hearing, and whether the hearing was conducted by telephone or video, for the purpose of determining applicable law. The law to be applied to proceedings conducted by telephone or video is the law governing the hearing location. AILA Doc. No. 04080166.
EOIR Responds to Letter Advocating Reforms for Children Seeking Asylum
(7/22/2004)
Letter from Chief Immigration Judge Michael Creppy responding to letter from numerous organizations urging reforms for children seeking asylum.
EOIR Chief Immigration Judge Defends Video Hearings
(57 KB - 7/8/2004)
Chief Immigration Judge Michael Creppy defends the use of video hearings in response to a letter from Christina DeConcini of CLINIC. AILA Doc. No. 04070864.
EOIR Letter Discusses National Video Immigration Court
(7/1/2004)
EOIR Director Kevin Rooney responds to letter from immigration groups, including AILA and AILF, regarding the upcoming national video immigration court. AILA Doc. No. 04062916.
EOIR Issues Guidelines on Electronic Devices in Immigration Courtrooms
(2/23/2004)
The Executive Office for Immigration Review's Office of the Chief Immigration Judge issued a memorandum providing guidance barring recording devices, but permitting laptops, wireless phones, and other business-related electronic devices, provided that they are turned off or made silent. AILA Doc. No. 04022375
DOJ Finds Exceptions to 90-Day Removal Period and No Reasonable Dispatch Required
(2/19/2004)
In a 2/20/03 opinion, the DOJ's Office of Legal Counsel concluded that (1) the AG has no obligation to "act with reasonable dispatch" to effectuate removal within the 90-day period and (2) certain grounds, such as investigating terrorist connections, support detention without removal beyond the 90-day period. Courtesy of Dan Kowalski.