Analysis

11th Circ. May Have Stranded Asylum-Seekers In Legal Limbo

Law360 (August 28, 2019, 8:10 PM EDT) -- A recent Eleventh Circuit decision rejecting a long-accepted standard that removal proceedings for immigrants begin when a notice to appear is filed in court could leave asylum- and green card-seekers in a legal limbo, unable to get either an administrative or judicial hearing.

While considering whether an immigration judge had the authority to preside over a Mexican man’s removal proceedings, a panel of three judges ruled that a federal regulation could not have linked the immigration judge’s jurisdiction to the time a notice to appear, or NTA, is lodged in court.

Instead, Congress gave immigration judges broad authority to decide removal cases...

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