EOIR Memo on Procedures for Issuing FY1997 Suspension and Cancellation Orders
All Court Administrators
All Judicial Law Clerks
All Court Personnel
From: Office of the Chief Immigration Judge
Subject: Procedures for Issuing Conditional Grant Orders for Suspension and Cancellation Cases Reserved in Fiscal Year (FY) 1997
As you were informed in my e-mail message of September 30, 1997, and my memorandum dated October 3, 1997, the Attorney General has signed a regulation providing for the issuance of conditional grants of suspension of deportation and cancellation of removal.
As noted in the October 3, 1997, memorandum, further guidance would be forthcoming on procedures for cases reserved during FY 1997. This memorandum provides that guidance. It in no way interprets or supersedes the regulation signed by the Attorney General; nor is it intended to interfere with your decision-making on the merits in individual cases.
Further guidance on handling backlogged suspension/cancellation cases reserved prior to October 1, 1997.
Summary of Policy on Reserved Decision Suspension/Cancellation Cases
Immigration Judges should strive to complete these cases within 90 days of this directive. The Office of the Chief Immigration Judge will inquire at the end of the 90-day period regarding the status of these pre-October 1, 1997, reserved suspension/cancellation cases.
I. Reserved Decisions in Which the INS Indicated a Waiver of Appeal
In any case in which the Immigrant Judge’s notes reflect that the INS indicated that it would not reserve appeal, the Immigration Judges should issue a short written minute order.
II. Reserved Decisions in Which the INS has not Indicated Whether it Will Waive Appeal
A. The Immigration Judge has Drafted a Written Decision
If the Immigration Judge has already drafted a complete written decision, it should be mailed to the parties with a conditional grant order as expeditiously as possible.
B. The Immigration Judge Dictated an Oral Decision
If the Immigration Judge dictated an oral decision either in chambers or in court, the decision must be typed or sent out for transcription. The Judge will sign the typed or transcribed written decision, which contains a conditional grant order, and mail it to the parties.
C. All Other Situations
If the Immigration Judge did not dictate or write a decision, the case must be put back on the calendar into either administrative time or an existing master calendar to issue an oral decision. Immigration Judges may not reset previously calendared cases to consider the reserved decision cases. Immigration Judges should contact their ACIJ if they have any problems in meeting the 90-day period.
III. Order
The order issued in reserved decisions should note the date and time the case was originally placed on reserve.
If you have any questions or concerns, please call your Assistant Chief Immigration Judge or Michael Straus, my counsel, at 703/305-1716.
Michael J. Creppy
Chief Immigration Judge