Public Comment Opposing Proposed Rules on Appellate Procedures and Decisional Finality in Immigration Proceedings (September 25, 2020)

Public Comment Opposing Proposed Rules on Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure, RIN 1125-AA96; EOIR Docket No. 19-0022; A.G. Order No. 4800-2020 (filed September 25, 2020)

On September 25, 2020, Immigration Equality submitted a comment opposing Proposed Rules on Appellate Procedures and Decisional Finality in Immigration Proceedings. The rules limit the ability to remand cases for additional fact finding and incentivize judges to rush proceedings instead of fleshing out the facts. The rules also greatly limit the ability to grant motions to reopen as the Board will not be able to open cases sua sponte and applicants must motion to reopen within 90 days of a final order. The rules additionally prohibit judges from administratively closing cases to allow asylum seekers to pursue permanent relief that must be granted by USCIS. These changes will result in LGBTQ and HIV positive immigrants with meritorious claims being deported to their countries of origin where they face severe violence. For these reasons, Immigration Equality opposed this proposed rule. This rule became effective on January 15, 2021.

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