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GETTING TO KNOW THE MEMPHIS IMMIGRATION COURT: 10 THINGS

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The Memphis Immigration Court is not an independent, Article III, court of law. Rather, it is an administrative law court falling under the jurisdiction of the Office of the Chief Immigration Judge , a component of the Executive Office forImmigration Review under the Department of Justice. The court in Memphis has jurisdiction over all non-detained removal proceedings originating in Arkansas, Tennessee and Northern Mississippi. As we're located in Arkansas, the vast majority of our clients facing removal end up in Memphis. Our cases involving detained immigrants will find themselves before one of the Louisiana courts and we sometimes have clients who find themselves before the Dallas or Kansas City immigration courts either because they are placed there by accident or they live in eastern Oklahoma or southwest Missouri. Regardless, Memphis is the general rule... 80 Monroe Avenue, Memphis, TN Photo courtesy of Google As such, it might be helpful to get to know the...
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Board of Immigration Appeals Reminds Immigration Judges to Do Their Jobs While Still Finding a Way to Harm Immigrants

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Matter of M-M-A-, published last week, basically restates the obvious Continuing a long tradition of dropping precedent-setting decisions on Friday, the Board of Immigration Appeals published Matter of M-M-A- , 28 I&N Dec. 494 (BIA 2022) last week. The Issue: When the government alleges that an applicant is ineligible for relief based on a frivolous asylum application, is the immigration judge required to make predicate findings of fact and conclusions of law to determine whether the requirements for a frivolous asylum application have been satisfied? The Holding: Yes . An immigration judge is bound to make findings of fact and conclusions of law as to whether the asylum application was frivolous in accordance with Matter of Y-L- , 24 I&N Dec. 151 (BIA 2007) . The Basic Facts: The decision involved an immigration judge's approval of an application for adjustment of status appealed by the Department of Homeland Security . The Department took the position that the applicant ...
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GETTING TO KNOW THE EVER-EVOLVING LASALLE IMMIGRATION COURT: 10 THINGS

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Like the Memphis Immigration Court , the LaSalle Immigration Court is not an independent arbiter of the law.  Instead, it is an administrative law court.  It is the sub-agency of another agency tasked with enforcing the laws as that agency sees fit. In this case, it is the local office of the Office of the Chief Immigration Judge , a sub-agency of the Executive Office for Immigration Review , a sub-agency of the U.S. Department of Justice . Practically speaking, what this means is the immigration judges are not judges at all.  Rather, they are attorney employees of the U.S. Department of Justice and they have to do whatever the Attorney General, currently everyone's least-favorite Southern caricature, Jeff Sessions, tells them to do. Looking specifically at the LaSalle court, this agency's sole purpose is to adjudicate the removal proceedings of detained immigrants.  Individuals who have been detained from all over the mid-South, particularly Arkansas, Louisia...
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