CILA updated our in-depth resource on “Procedural Options in Removal Proceedings for Youth” to address several substantive updates and add additional resources. This resource provides an overview for advocates working with youth in removal proceedings of procedural tools that they may be able to use in immigration court, including prosecutorial discretion, continuances, status dockets, administrative closure, dismissal, termination, and off-calendaring.
The resource now includes updated information on the J.O.P. v. DHS settlement and the Executive Office for Immigration Review (EOIR) regulations. In May 2024, the EOIR published a final rule on “Efficient Case and Docket Management in Immigration Proceedings” (89 Fed. Reg. 46742). This new rule went into effect on July 29, 2024, and codified provisions that impact procedural options for youth in removal proceedings. Among other things, the regulations update the authority of the immigration judge or Board of Immigration Appeals (BIA) to terminate, dismiss, or administratively close proceedings.
CILA’s practice advisory on “Procedural Options in Removal Proceedings for Youth” is available here. You will need a free CILA account to access it. Sign up for an account here. Contact CILA at cila@abacila.org if you need additional assistance accessing this resource.