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Litigating Immigration Removal Proceedings at the Administrative Level: Procedure, Techniques, and Strategies
Litigating Immigration Removal Proceedings at the Administrative Level is the essential legal guide to navigating removal litigation before immigration courts and the Board of Immigration Appeals. It provides in-depth procedural coverage, practical tips and strategic insight for both government and defense attorneys.
Publisher: Matthew Bender
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International Order InquiryLitigating Immigration Removal Proceedings at the Administrative Level: Procedure, Techniques, and Strategies is a comprehensive treatise that equips immigration attorneys, judges and government officials with the tools needed to litigate removal cases effectively at the administrative level. Written by immigration law expert Erica B. Schommer, the book delivers both foundational knowledge and tactical guidance across every phase of the immigration court process.
From initial charging documents and master calendar hearings to bond proceedings, individual merits hearings and BIA appeals, this treatise explains each procedural step with clarity and authority. It covers pre-trial strategy, evidentiary issues unique to immigration courts, and filing requirements, along with detailed chapters on motions practice, ethical representation and administrative review.
Government attorneys will benefit from chapters focused on DHS roles, OPLA functions and precedent decisions. Practitioners will find valuable insights into representing respondents, managing documentation and navigating the complexities of jurisdiction, motion deadlines and standards of review.
The treatise includes real-world examples, practice tips and sample forms that support effective case preparation and advocacy. It addresses the practical realities of removal defense and prosecution, all while ensuring adherence to administrative protocols. Updated annually, this resource is indispensable for anyone litigating within the immigration court system.
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Chapter 1: Introduction to Litigating Immigration Cases
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§ 1.01 Overview of the Administrative Immigration Court Structure
§ 1.02 Office of the Chief Immigration Judge
§ 1.03 Board of Immigration Appeals
§ 1.04 Attorney General
§ 1.05 Office of Policy
§ 1.06 Parties to Administrative Immigration Proceedings
§ 1.07 Sources of Law
§ 1.08 Types of Proceedings
§ 1.09 Jurisdiction and Commencement of Proceedings
§ 1.10 EOIR Court & Access System (ECAS)
Chapter 2: Initiating a Case: Filing the Notice to Appear
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§ 2.01 Charging Documents in Immigration Court
§ 2.02 Contents of the Notice to Appear
§ 2.03 Service of the Notice to Appear
§ 2.04 Filing of the Notice to Appear with EOIR
§ 2.05 Cancellation of a Notice to Appear
Chapter 3: Master Calendar Hearings
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§ 3.01 Purpose and Scope of Master Calendar Hearings
§ 3.02 Duties of the Parties in the Master Calendar Hearing
§ 3.03 Form of Proceedings
§ 3.04 Pleadings
§ 3.05 Designating a Country of Removal
§ 3.06 Evidentiary Issues at the Master Calendar Hearing
§ 3.07 In-Absentia Hearings
§ 3.08 Adjournment of Master Calendar Hearings
Chapter 4: Evidentiary Rules in Administrative Immigration Proceedings
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§ 4.03 Authenticating Evidence
§ 4.04 Evidence of Criminal Convictions
§ 4.05 Hearsay Evidence is Admissible
§ 4.06 Privilege and Confidentiality
§ 4.07 The Exclusionary Rule and Suppression of Evidence
§ 4.08 Special Evidentiary Obligations of the DHS and Immigration Judges in Asylum Cases
§ 4.09 Administrative Notice by the Agency
Chapter 5: Bond Hearings
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§ 5.01 Authorization to Detain Noncitizens
§ 5.02 Role of the DHS in Detention
§ 5.03 Request for Amelioration of Conditions
§ 5.04 Noncitizens Subject to Mandatory Detention
§ 5.05 Immigration Judges’ Jurisdiction Over Custody Determinations
§ 5.06 Appearances in Bond Proceedings
§ 5.07 Requesting a Bond Hearing
§ 5.08 Evidentiary Standards Governing Bond
§ 5.09 Mechanics of a Bond Hearing
§ 5.10 Decisions In Bond Hearings
§ 5.11 Right to Appeal Bond Determination
§ 5.12 Posting Bond
§ 5.13 Bond Cancellation or Breach
Chapter 6: Pre-trial Issues
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§ 6.01 Pre-Trial Orders
§ 6.02 Discovery
§ 6.03 Deadlines
§ 6.04 Filing Fees
§ 6.05 Filing Documents
§ 6.06 Identity, Law Enforcement, or Security Investigations or Examinations Relating to Applications for Immigration Relief
§ 6.07 Pre-Hearing Conferences
§ 6.08 Pre-Hearing Briefs
Chapter 7: Pre-Decision Motions
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§ 7.01 Motion Practice Generally
§ 7.02 Motions Relating to Scheduling of Cases
§ 7.03 Motions Relating to Appearances by Counsel and Respondent
§ 7.04 Combining and Separating Cases
§ 7.05 Pre-Trial Motions
§ 7.06 Motions to Terminate or Dismiss Proceedings
§ 7.07 Decisions on Motions
§ 7.08 Right to Appeal Denial of a Motion
Chapter 8: Individual Calendar Hearings
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§ 8.01 Purpose of Individual Calendar Hearings
§ 8.02 Format of the Individual Calendar Hearing
§ 8.03 Burdens of Proof in Individual Hearings
§ 8.04 Witnesses
§ 8.05 Pro se Respondents
§ 8.06 Special Procedures Applicable to Streamlined Asylum Cases
§ 8.07 Decisions of the Immigration Judge
Chapter Title: Chapter 9
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§ 9.01 Jurisdiction
§ 9.02 Filing with the Board
§ 9.03 Appearances Before the Board
§ 9.04 Filing a Notice of Appeal
§ 9.05 Record on Appeal
§ 9.06 Screening and Case Assignments
§ 9.07 Motions Before the BIA
§ 9.08 Briefing Schedule
§ 9.09 BIA Briefs
§ 9.10 Oral Argument
§ 9.11 Standard of Review
§ 9.12 Decisions of the BIA
§ 9.13 Scope of Remand
§ 9.14 Withdrawing an Appeal
Chapter 10: Motions to Reopen and Reconsider
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§ 10.01 General Requirements for Motions to Reopen
§ 10.02 Motions to Reopen In-Absentia Orders
§ 10.03 Motions to Reopen to Apply for Protection Due to Changed Circumstances
§ 10.04 Motions to Reopen Based on Ineffective Assistance of Counsel
§ 10.05 VAWA Motions to Reopen
§ 10.06 Equitable Tolling of the Time and Numerical Limits to Reopen or Reconsider
§ 10.07 Motions to Reconsider
§ 10.08 Filing Fees for Motions to Reopen and Reconsider
§ 10.09 Special Considerations for Noncitizens Granted Voluntary Departure
§ 10.10 Departure Bar
§ 10.11 Stays of Removal
§ 10.12 Decisions on Motions to Reopen or Reconsider
§ 10.13 Right to Appeal Denials of Motions to Reopen and Reconsider
Appendices:
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Appendix A — Congressional Research Service — In Focus — Immigration 101: Executive Branch Agencies Involved with Immigration
Appendix B — Form I-220A, Order of Release On Recognizance
Appendix C — Form I-862, Notice to Appear
Appendix D — Form EOIR-33/IC, Change of Address/Contact Information Form, Immigration Court
Appendix E — Notice: No Case Currently Pending Before the Executive Office for Immigration Review
Appendix F — Sample Written Pleading
Appendix G — Immigration Court Adjournment Codes (April 2024)
Appendix H — ICE Directive 10036.2 — Implementation of Sec 1367 Protections for Noncitizen Victims of Crime (March 16, 2022)
Appendix I — Comparison of Major Detention Provisions in Current Statute
Appendix J — Certificate of Translation
Appendix K — Sample Cover Page
Appendix L — Sample Criminal History Chart
Appendix M — Sample Table of Contents
Appendix N — Sample Respondent Witness List
Appendix O — Sample Proof of Service
Appendix P — Instructions for Submitting Certain Applications in Immigration Court and for Providing Biometric and Biographic Information to U.S. Citizenship and Immigration Services
Appendix Q — Sample Certificate of Conference
Appendix R — EOIR - Where to File a Motion Chart
Index
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Table of Cases
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Table of Statutes
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