Today, the Practicing Law Institute held its annual continuing legal education seminar, “Defending Immigration Removal Proceedings 2013.” I spoke on a panel entitled, “The Nuts and Bolts of Cancellation of Removal.” Immigration Judge Gabriel Videla and Cheryl David were also on the panel with me. I wrote an article about cancellation of removal that was published in the course handbook.
Archives for August 2013
The EOIR 800 #
Immigration Court and the Board of Immigration Appeals (“BIA”) are part of the Executive Office for Immigration Review (“EOIR”). I often get phone calls from people who do not know the status of their immigration case. EOIR has an 800# that can be used to check on the status of cases for individuals who are facing deportation. If you are in removal proceedings or have been in removal proceedings, then your information should be available on the 800#. The # is 1-800-898-7180. When you call, you will need to have your alien number. The 800 # is automated. If you follow the instructions, you can find out the following information: (1) the next hearing date; (2) if there has been a decision by the immigration judge; (3) if there has been an appeal to the BIA; and (4) if there have been any decisions by the BIA. Also, if you are seeking asylum, the 800# will let you know how many days have expired on your asylum clock.
Catching Up On My Blogging
I’ve been enjoying the summer a little too much and I’ve fallen behind on my blogging. Here’s some of the things I should have been blogging about:
1. The Immigration bill – An immigration bill passed in the Senate, but appears to be going no where in the House of Representatives. House Republicans want to take a piece meal approach to immigration reform by passing several smaller immigration laws, rather than a single comprehensive immigration bill. House Republicans are also against a pathway to citizenship. It’s not clear at this point if there will be any immigration reform. For everyone who got excited about the Senate immigration bill, I am reminded of the School House Rock cartoon, I’m Just a Bill. Ultimately, the Senate immigration bill was just a bill. I have been getting calls from people asking about whether they would be covered by the “new” immigration law. I tell them that we don’t have a new immigration law – it’s just a bill and until we have an actual law, I cannot comment on whether anyone would benefit from it.
2. DOMA has been overturned! On June 26, 2013, the Supreme Court decided Windsor v. United States, which struck down the Defense of Marriage Act (“DOMA”). Windsor was not an immigration case. However, since DOMA was struck down, it can no longer be used to prevent same sex spouses from filing immigrant petitions. The U.S. Citizenship and Immigration Service has announced that it is now accepting petitions filed on behalf of same sex spouses.
3. On June 29, 2013, I spoke at the AILA National Conference. I spoke on a panel entitled, “”Becoming an Effective Litigator: Making the Most of Your Client’s Day in Court.”
4. I’ve had some success stories the last two weeks. I had a client obtain adjustment of status. I had a client approved for naturalization. I had another client get her application for deferred action for childhood arrivals (“DACA”) approved.