AILA provides a series of 12 charts comparing President Biden’s accomplishments 100 days after entering office with the comprehensive recommendations AILA presented to the president.View All
AILALink puts an entire immigration law library at your fingertips! Search the AILALink database for all your practice needs—statutes, regs, case law, agency guidance, publications, and more.
AILA Doc. No. 18081736 | Dated August 17, 2018
WASHINGTON, DC - On August 16, the Attorney General of the United States issued a precedent-setting decision, Matter of L-A-B-R, that limits the discretion of immigration judges to grant continuances. By restricting the court's use of a vital docketing tool, the decision further erodes judicial independence and will pressure judges to deny more continuances at the expense of due process.
AILA President Anastasia Tonello responded, "With yesterday's decision, the Attorney General has tightened the vise on immigration judges even further by interfering with an important case management tool that judges use to ensure cases are resolved fairly and justly. Every day, people who are eligible for relief must come before the immigration court and request a continuance until U.S. Citizenship and Immigration Services (USCIS) is able to make a decision. People who are eligible for permanent residence based on marriage to a U.S. citizen, or for protection as cooperating victims of a serious crime, may be deported unjustly if the judge is blocked from granting them a continuance. Justice cannot be dispensed on an assembly line, but Matter of L-A-B-R- seeks to do just that by pressuring judges to deny continuances and move cases rapidly through the system without due regard for potential relief."
AILA Executive Director Benjamin Johnson stated, "While playing the role of both prosecutor and judge, the Attorney General continues to perpetuate the false narrative that immigrants are to blame for the long-standing inefficiencies that plague the immigration court system while rewriting our nation's immigration laws. This decision is especially troubling because it will penalize people for something they simply cannot control: the notoriously lengthy USCIS processing times. Matter of L-A-B-R- is yet another reason why Congress must pass legislation establishing the immigration court as an Article I court separate from the Justice Department. Until Congress acts, the Attorney General will continue to encroach upon the independence of the courts, forcing judges to order people removed without a fair process. Congress must stop the administration from turning immigration courts into yet another enforcement agency."
For more information about the immigration court system, AILA's page on the issue can be accessed at http://www.aila.org/immigrationcourts.
The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.
Cite as AILA Doc. No. 18081736.
American Immigration Lawyers Association
1331 G Street NW, Suite 300
Washington, DC 20005
Copyright © 1993-
American Immigration Lawyers Association.
AILA.org should not be relied upon as the exclusive source for your legal research. Nothing on AILA.org constitutes legal advice, and information on AILA.org is not a substitute for independent legal advice based on a thorough review and analysis of the facts of each individual case, and independent research based on statutory and regulatory authorities, case law, policy guidance, and for procedural issues, federal government websites.