27 Jan 2021
CLINIC Practice Pointer: EOIR Policy Memo on Case Flow Processing
"On Nov. 30, 2020, James McHenry, [soon to be former] Director of the Executive Office for Immigration Review, issued a Policy Memorandum that fundamentally alters immigration court practice, eliminating master calendar hearings in almost all non-detained cases where the respondent is represented. This practice pointer provides tips and strategies for practitioners to navigate the new immigration court procedure."
[Ed. Note: Given that the McHenry PM effectively shifts the burden of proving alienage, it is clearly illegal, and will either be rescinded under the Biden or challenged in litigation.]