ATTORNEY GENERAL ANNOUNCES REFORMS FOR IMMIGRATION COURTS AND BOARD OF IMMIGRATION APPEALS
by Michael J. Gurfinkel, Esq.
On August 9, 2006, Attorney General Alberto R. Gonzales announced "new measures to enhance the performance of the Immigration Courts and the Board of Immigration Appeals" (BIA). These new measures are in response to complaints about immigration judges who are "failing to display temperament and produce work that meets the Department's standards." In other words, many people were complaining about immigration judges' behavior and decisions. These new measures were designed to improve the quality of their work and performance.
The new measures include the following:
Performance Evaluations: The Executive Office of Immigration Review (EOIR) will periodically review the work and performance of each immigration judge and member of the BIA, in order to evaluate whether any immigration judge or Board member may need "improvement".
Immigration Law Exam: Immigration judges and Board members appointed after December 31, 2006, will be required to pass an exam on key principles of immigration law, before they begin to rule on cases.
Sanction Powers: Immigration judges will be able to sanction (impose monetary penalties) on attorneys or aliens for making false statements, frivolous behavior, and other gross misconduct. The BIA will also have power to impose monetary sanctions against people for gross misconduct.
Increased Resources: The Department of Justice (DOJ) will seek budget increases for FY 2008, which will enable them to hire more immigration judges and law clerks, along with staff attorneys to support the BIA. In addition, the BIA will be increased by four additional Board members.
Technological and Support Improvements: These measures are aimed at the Immigration Courts' ability to record, transcribe, and interpret court proceedings. These would include:
- Replacing the Immigration Courts' current tape recording system with a digital recording system
- Strengthen transcription of oral decisions
- Strengthen interpreter selection
These are only a few of the proposals designed to improve the quality of immigration judges' and BIA's work and performance. However, I hope that you never reach the point of having to be in front of an immigration judge in the first place. Remember, even if your case is in front of a nice and scholarly immigration judge, if you're not entitled to immigration relief, you could face removal/deportation.
That is why it is important for you to seek the advice of a reputable attorney, who can evaluate your situation (either before or after you are put in removal) to see if there are valid, legitimate ways for you to remain in America and pursue your American dream.
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