Kurzban Kurzban Weinger Tetzeli & Pratt P.A.
Nationwide Firm
786-401-4706
Injury, Immigration and Business Attorneys
Aggressive Advocacy and Exceptional Civil Litigation Success

Federal appeals court tells parties to look at deportation cases for discretion

A federal court of appeals apparently is fed up with the backlog of immigration cases that has been hitting its docket. The appellate court says that it is imposing a halt on deportation appeals to give prosecutors and other parties time to look over the cases in the hopes the parties will reach settlement agreements. The appellate court hopes that the parties will be able to reach an agreement to have the cases resolved before the Board of Immigration Appeals instead of pursuing the cases in the U.S. Court of Appeals for the Second Circuit.

While the new 90-day halt only affects cases before the U.S. Court of Appeals for the Second Circuit, the unique stance has caught the attention of many people across the country. The second circuit court is often regarded as a highly influential court in the federal system. Florida is located in the 11th Circuit and is not subject under the court order.

The court says that it is tolling removal cases in an effort to get more cases to settle. The court believes that some of the cases may be dropped and is giving the parties time to determine whether the parties want to continue to pursue the deportation proceedings.

The court decided to make the temporary change in procedure after U.S. immigration officials began a new policy of how it handles cases. Immigration authorities reportedly changed their focus on cases on how removal proceedings should be prioritized.

The change in immigration policy, often referred to as immigration's use of prosecutorial discretion, has caused issues in the court system on cases that have been pending for some time. This blog has previously discussed issues regarding removal proceedings and the government's use of prosecutorial discretion.

Generally cases may flow into the federal appellate courts during the appellate process. After an immigration judge orders a deportation, the case can be appealed to the immigration appeals board before the case is appealed to the federal appellate courts.

The halt is not prompting any new type of prosecutorial discretion policy, according to immigration officials. The appellate court says that it is ordering the 90-day halt, essentially to allow the cases and policies to catch up with each other. The federal appellate judges say that an immigrant can still seek reinstatement of the appellate proceeding, without added fees or new legal briefs.

Source: Thomson Reuters News and Insight, "2nd Circuit sets new rules for immigration cases," Oct. 19, 2012

No Comments

Leave a comment
Comment Information
Kurzban's Immigration Law Sourcebook

We Literally Wrote The Book On Immigration Law

Our firm is a recognized leader in immigration law and litigation. We handle the spectrum from family and employment-based visas to deportation defense and immigration appeals. Founding partner Ira Kurzban authored the Immigration Law Sourcebook, widely used by immigration lawyers, judges and government officials as the authoritative field reference.

Aggressive Advocacy and Exceptional Civil Litigation Successes Call Our Firm at 786-401-4706 or Fill Out the Secure Form Below

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Miami Office
2650 SW 27th Avenue
2nd Floor
Miami, FL 33133

Phone: 786-401-4706
Fax: 305-444-3503
Miami Law Office Map

Jacksonville Office
10752 Deerwood Park Boulevard South
Suite 100
Jacksonville, FL 32256

Map & Directions

Jed Kurzban Of Counsel at Damon Key Leong Kupchak Hastert, A Law Corporation
1003 Bishop Street
Suite 1600
Pauahi Tower
Honolulu, HI 96813
Phone: 808-531-8031
http://www.hawaiilawyer.com

Kurzban Kurzban Weinger Tetzeli & Pratt P.A.