On November 21, 2016, the American Immigration Lawyers Association's (AILA's) Executive Office of Immigration Review (EOIR) Liaison Committee provided a summary of its November 17, 2016 EOIR stakeholder meeting.1 The following are some of the notes from the meeting:
- The EOIR stated that Immigration Judges (IJs) retain discretion to deviate from the Immigration Court Practice Manual in individual cases. However, the EOIR explained that IJs should not adopt their own local rules “that affect groups or classes of respondents appearing before the immigration court.”
- The EOIR OPPM 12-01 sets forth the procedures for applications for suspension of deportation/non-LPR cancellation of removal [see article] in non-detained cases where immigrant visa numbers are no longer available in a fiscal year. The EOIR stated that as of November 15, 2016, there were 4,895 non-detained Suspension of Deportation/non-LPR Cancellation of Removal cases “in which decisions are reserved pending the availability of a number placed in the queue.”
- The EOIR stated in the meeting that it is preparing a new OPPM which will provide new information regarding the adjudication of suspension of deportation/cancellation of removal cases subject to the immigrant visa cap. Furthermore, a small number of such cases are set aside each year for cases involving special humanitarian considerations as determined by the Assistant Chief Immigration Judge overseeing the particular court.