For the immigration courts, Attorney General Merrick Garland has decided to again allow immigration judges to administratively close cases for individuals who are not a priority for removal, which permits the reduction of active cases on the docket. Source: TRAC, "Immigration Court Processing Time by Outcome," accessed April 20, . Take care, Jason, Hello Jason, Transactional Records Access Clearinghouse I do not see how you would be responsible for him at all. While I think such a debate is probably not going to happen, I do think we could largely solve our immigration woes if we could do it. See Figure 2. Figure 1. Then variations in single Court when cases are randomly assigned to judges sitting on that Court, each Judge should have . The federal government spends far and away more money on carrying out apprehensions at the border and identifying noncitizens for arrest and removal in the interior than it does on the immigration courts. Figure 1 provides a comparison of Judge Picton's denial rate each fiscal year over this recent period. TRAC Immigration. Thats great Thank you for sharing this. FY 2016-2021. New TRAC Update Reveals Answer, As Workloads Rise in Federal Courts, Judge Counts Remain Flat, The Foreign Intelligence Surveillance Court and Its Judges, Examining Current Federal Sentencing Practices: A National Study of Differences Among Judges, Surprising Sentencing Deviations in Federal Courthouses, Striking Judge-to-Judge Differences Found in Federal Criminal Caseloads, Surprising Judge-to-Judge Variations Documented In Federal Sentencing, Latest Data on Asylum Decisions by Immigration Court Judges, New Judge Hiring Fails to Stem Rising Immigration Case Backlog. A free web query tool, updated monthly, allows the public to monitor these changes by state, immigration court, hearing location and nationality. where Judge McFarland decided these cases denied asylum 34 percent of the time. var scJsHost = (("https:" == document.location.protocol) ? StatCounter And so the next step is either an interview or they will send you an approval or request for evidence. Both of us are here in the USA. Asylum seekers are a diverse group. How soon they (Judge Paul) can reschedule whether effected cases in VA? The officer looked at my letter and GC application (I-797) and approved my parents visa. FY 2017 - 2022, Boston Immigration Court. The response was so disappointing and dry. See Figure4. court in this table. I am reader of your blog. Hi everyone, What month you got your approval in 2019? Take care, Jason, Happy holidays! Its also the fact that, moving away from your home to another part of the country was not gonna make it any better. Still, we are forced to confront the bewildering element of the defensive asylum system/process- how does a judge end up with a 0% approval rate and another judge in the same state, city or court ends up with a 55% approval rate, for example? 2019. denied 63.8 percent of asylum claims during this same period. Eleven of them had no experience in immigration law. Thank you, Jason, Hi Jason and Jp, does it mean i can apply my naturalization after 3 years even my green card is asylum based? However, if judges within a Court are assigned to And the reason for this is that the asylum system in the United States considers you an economic immigrant and believes that this waiting game does not harm you, but only what you want. Note: For case receipts and completions, 2019 data include through June; for pending cases, 2019 includes through August.Source: EOIR, Adjudication Statistics: New Cases and Total Completions, through June 2019, accessed September 29, 2019, available online; and TRAC, Immigration Court Backlog Tool, accessed September 29, 2019, available online. Available online. Does this require more time? It is the judge who is randomly assigned to the case. Available online. I was just wondering if that is counted towards my time towards for citizenship eligibility . Goldbaum, Christina. just two factors that appear to impact asylum decision outcomes. Immigration Court dispositions are reaching record highs. Still waiting for the next step. other factors, such as the types of cases on the Judge's docket, the detained status of immigrant Take care, Jason, Hello Jason. Copyright 2004-document.write( new Date().getFullYear() ); by Law Professor Blogs, LLC. Take care, Jason, Hi jason (Rates for years with less than 25 decisions are not shown.). Denial Rate. N.d. Immigration Court Backlog Tool. 16.7% of asylum seekers are not represented. Some came here to seek asylum but still chose to live in stealth, hoping to live openly after reaching safety. How the trip will affect the asylum application depends on the case I wrote some about this issue on January 26, 2022, but basically, if your return trip causes the asylum officer to think that the principals application is false or that asylum is not needed, it could cause the case to be denied. If she has a GC, and is legally married, she can file an I-130 petition for her spouse and once that is approved, the case will go to the consulate where he will apply for a GC. Available online. Are we get punished someway? God only knows how many Green Card marriage applications are fraudulent, and the system has done nothing to address them. ---. I suspect that those cases will be done soon, and so maybe that will start to do more LIFO cases, but recently, we have not seen any non-Afghan cases get LIFO interviews. Based on analysis of data from the immigration court system, known as the Executive Office for Immigration Review (EOIR), as well as data obtained via Freedom of Information Act (FOIA) requests by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University, this article explores the many challenges facing the U.S. immigration courts. Or citizenship ? I have a question. Certain judges have detained dockets, meaning that they rule on cases where the applicants are detained. Available online. 1 after you file for asylum, you have to wait 150 days to file for a work permit, which takes another 1 to 3 months (so a total wait of 6 to 8 months in most cases). In most cases, the judges and DHS are respectful of the asylum seekers. Immigration Court Backlog Tool. Take care, Jason. York, N.Y.Judge McFarland is a member of the New York State Bar. JDzubow(at)DzubowLaw.com. I do think the asylum system needs a major overhaul we should not be relying on 70+ year old definitions to determine who qualifies for asylum. Congratulations! Op-Ed: Why I Resigned as an Immigration Judge. Do you know where I can download the recent version and also how do you ask for fee waiver? One of my question is, if I really dont like to go through this but I dont want a final order of removal enteredcan I ask for administrative closure ? I want to ask some questions about uncertainty. . Case dispositions in FY 2022 were a record 47 percent higher than the previous high set during FY 2019. I simply cannot accept any excuse other than that, like many other things, changing it is not in the politicians best interests. The process was taking 2+ years. FY 2017 - 2022, New York Immigration Court. contrast, a significantly higher proportion of represented asylum seekers are successful. Budget data for FY 2003-18. Published Oct 26, 2022 . Judge McFarland earned a Bachelor of Arts degree in 2004from New YorkUniversity and a Juris Doctor in 2007from New York University School of Law. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Jason Dzubow, Esq. Judge McFarland's asylum grant and denial rates are compared with other judges serving on the same through 2022. Prior to 2012, immigrants from El Salvador, Guatemala, and Hondurasthe key sending countries in Central Americaaccounted for a relatively small share of cases in immigration court. Legal Aid Society, in New York, N.Y. From 2013 to 2016, he was an immigration attorney at the Law Offices Their goal is to reduce the backlog, I have not heard about that and it would be a bit surprising. I dont like confrontational exchangesfacing the challenging/biased questions from homeland security attorneys justifying why they should remove me and sometimes an unhelpful ALJ. Judges at the New York Immigration Court Im not sure what you mean by adjust the law accordingly, asylum law or immigration law in general? And, despite the asylum applicants best efforts and preparation, even when s/he is lawyered up, s/he just simply cant win. Within a Take care, Jason. Johnson, Ben. In FY 2014, a then-record 69,000 unaccompanied children and 68,000 family units (the term used by U.S. Customs and Border Protection [CBP] to refer to a parent traveling with a child) arrived at the Southwest border, sending the government scrambling to process them. Over one hundred different nationalities had at least one hundred In the case of Often but not always a person receives the GC within a month or two after submitting the medical exam. Overall, represented applicants were denied asylum in 64% of cases. While CBP and ICE carry out many functions besides immigration enforcement activities and their budgets should not be compared one-for-one to EOIRs budget, this picture shows the stark contrast in resources between the agencies. My asylum status was granted in 2019, and I married in 2021. It could, but I think it is not a major factor in the embassys decision. Please I would like to know how does my renewing my passport and traveling back to our home country affect the case if i travel alone and my spouse remains here as the main applicant? My green card application is pending at NBC now. N.d. Immigration Court Processing Time by Outcome. Thank you for guidance over the years. A decision in immigration court can mean the difference between life and death for those fleeing violence and persecution. specialized dockets or hearing locations, then case compositions are likely to continue to differ and can According to. Thank you, You would think they would do background checks for everyone, but we have seen cases of Muslim men talk longer than cases of non-Muslim men (in general, not always), but if the Muslim man is the dependent and the wife is the principal, these cases generally seem to move faster.