BIA Pressed To Speed Cases, Raising Due Process Concerns

Law360 (October 2, 2019, 7:54 PM EDT) -- New guidance from the U.S. Department of Justice lays out stringent deadlines to process immigration court appeals faster in an attempt to clear out a historic backlog, but attorneys worry the change could hinder due process for immigrants fighting denials.

The policy memo, published on Wednesday, would require members of the Board of Immigration Appeals, the immigration courts' appellate board, to decide cases within 335 days — or roughly 11 months — after the notice of appeal is filed, or less than eight months for cases pending before a single BIA member.

The memo would also have the board summarily dismiss...

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