The training, which focused on the use of continuances—a legal mechanism typically employed to allow migrants time to secure counsel or wait for pending visa applications—suggested that such requests are often used as a tactic to prolong litigation. The session reportedly conveyed a firm stance on the necessity of expediting removals, with participants told that there is an urgent need to ensure individuals leave the country, regardless of their pending status with other federal agencies.
New Guidelines on Case Management and Attorney Conduct
The virtual presentation was led by Keith Hunsucker, a veteran judge associated with the Board of Immigration Appeals. The curriculum presented to the judges argued that the substantial backlog currently facing the immigration court system is exacerbated by requests for delays. One slide presented during the training explicitly stated that continuance requests intended solely for dilatory purposes should not be permitted by the bench. Furthermore, the guidance suggested that an approved visa petition should not serve as grounds to delay deportation proceedings if the visa itself is not immediately available due to annual quotas.
In addition to the directives regarding case management, the training addressed the conduct of immigration attorneys. The session warned that practitioners who accept more cases than they can responsibly handle may face professional consequences. Slides shown during the training indicated that immigration judges might consider referring attorneys to the Executive Office for Immigration Review (EOIR) disciplinary counsel for potential sanctions if their caseloads are deemed to interfere with their ability to provide professional representation.
Addressing the Immigration Court Backlog
The stated objective of the training was to address the significant volume of pending cases within the US immigration court system. By discouraging the use of continuances for those waiting on visa approvals, the administration of the court system appears to be shifting toward a more rigid procedural framework. While the backlog remains a central challenge for the judiciary, these new instructions signal a departure from previous practices that allowed for more flexibility while migrants awaited the resolution of their documentation at other federal agencies. The training underscores a broader effort to streamline the judicial process, prioritizing the finality of deportation orders over the potential for extended legal proceedings.
