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1 Immigration Removal Adjudication 1 (2012)

handle is hein.usfed/immgrmvj0001 and id is 1 raw text is: 

                ADMINISTRATIVE CONFERENCE OF THE UNITED STATES





          Administrative Conference Recommendation 2012-3

                     Immigration Removal Adjudication
                                 Adopted June 15, 2012


       The U.S. immigration removal adjudication agencies and processes have been the

objects of critiques by the popular press, organizations of various types, legal scholars,

advocates, U.S. courts of appeals judges, immigration judges, Board of Immigration Appeals

members and the Government Accountability Office. Critics have noted how the current

immigration adjudication system fails to meet national expectations of fairness and

effectiveness. One of the biggest challenges identified in the adjudication of immigration

removal cases is the backlog of pending proceedings and the limited resources to deal with the

caseload. A March 2012 study by the Transactional Records Access Clearinghouse at Syracuse

University reports that the number of cases pending before immigration courts within the U.S.

Department of Justice's Executive Office for Immigration Review (EOIR) recently reached an all-

time high of more than 300,000 cases and that the average time these cases have been pending

is 519 days.1 A February 2010 study by the American Bar Association's Commission on

Immigration reports that the number of cases is overwhelming the resources that have been
                              2
dedicated to resolving them. Another challenge identified is the lack of adequate

representation in removal proceedings, which can have a host of negative repercussions,

including delays, questionable fairness, increased cost of adjudicating cases, and risk of abuse





1 Immigration Court Backlog Tool, TRANSACTIONAL RECORDS ACCESS CLEARINGHOUSE, SYRACUSE UNIV. (Mar. 28, 2012),
http://trac.syr.edu/phptools/immigration/courtbacklog/  (providing  comprehensive, independent,  and
nonpartisan information about U.S. federal immigration enforcement).
2 AM. BAR ASS'N COMM'N ON IMMIGRATION, REFORMING THE IMMIGRATION SYSTEM, PROPOSALS TO PROMOTE INDEPENDENCE,
FAIRNESS, EFFICIENCY, AND PROFESSIONALISM IN THE ADJUDICATION OF REMOVAL CASES 1-49 (2010) available at
http://www.americanbar.org/content/dam/aba/migrated/Immigration/PublicDocuments/aba-complete full-rep
ort.authcheckdam.pdf.