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Post by odarable on Apr 23, 2017 14:40:16 GMT -5
Following the announcement earlier this month by Attorney General Sessions of plans to streamline the hiring process for immigration judges, one policy proposal has emerged for the Attorney General to establish a corps of immigration magistrates. (See the April 21, 2017 blog by Andrew R. Arthur, at the Center for Immigration Studies [CIS], cis.org.)
The CIS blog proposes that one cost-effective method of reducing the immigration court backlog would be to hire/appoint magistrates who are paid less than judges to handle less complicated or designated/prescribed matters before the immigration courts (using the model of magistrates in federal district courts). Also, the CIS blog suggests that specially trained DOJ lawyers could serve as immigration magistrates, and the blog posits that limited legislation would be needed to accomplish the proposal.
In the context of this Administrative Law Judge (ALJ) discussion forum, perhaps eligibles on the ALJ register could serve as immigration magistrates consistent with the CIS proposal. Any thoughts?
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Post by foghorn on Apr 23, 2017 20:39:23 GMT -5
Be a bit of a conflict in having DOJ attorneys serving as magistrates? The option would have to be examined closely as it comes with a potential for a slippry slope to assembly line justice and watering down the due process rights under the APA. It seems to me if you are going to hire alj's, then make sure you make it a system that will bring in AILA attorneys rather than the predominantly DOJ centered system. Perhaps DOJ could look at what is taking it so long to process even internal hires who are, presumably, already screened.
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Post by plinytheelder on Apr 24, 2017 18:30:06 GMT -5
No more of a conflict than IJs already have. They are DOJ attorneys as well, but happen to have a different title. It is probably better to appoint folks who are at least ostensibly from the "outside". Of course, if all that they do are routine bond, cancellation, and asylum cases, they will need very little expertise so pretty much anyone will work. I would agree that using the already prepared register as a potential source makes great sense..
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Post by roggenbier on Apr 25, 2017 5:14:01 GMT -5
Are IJs fully "ALJs" or just another (all be it souped up) iteration of the lesser and GS species of "AJs".....complete with performance reviews and creatures of convenience for the powers that be.
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Post by Pixie on Apr 25, 2017 7:22:06 GMT -5
It is my understanding IJs don't have the protection of the APA, so they are not ALJs. I would say they are more like an AJ. I am sure one of our IJ members will correct me if I am wrong. Pixie
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Post by stevil on Apr 25, 2017 9:00:21 GMT -5
To quote the government's brief before the US Supreme Court in recent litigation over DACA/DAPA, IJs are "low-level Justice Department employees...." They are not ALJs in the OPM sense, but their pay scale is similar, except it actually has fewer steps to max out. I guess if you aren't a political appointee in Main Justice you are considered low-level! Talk about morale killers! Also, you serve a 2-year probationary period.
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Post by immigration on Apr 25, 2017 19:12:33 GMT -5
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Post by roggenbier on Apr 25, 2017 19:50:24 GMT -5
My experience with Immigration Court, having done some immigration work, is that judges there have a lot of pressure from above on them, generally do Bench Decisions, have a lot more hearings than SSD ALJs, a lot more case prep that is handled by SCTs, AAs, etc. They do Bench Decisions. In York, PA, which is where I did my hearings, you're housed in a jail, though that's not the case most places. I think you have no job protection and a 2 year probation, no way.
I hear and believe all the bad that can come to pass to an ALJ in ODAR. I believe it is more so as an IJ
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Post by Teuful Hunden on Apr 26, 2017 8:57:39 GMT -5
My experience with Immigration Court, having done some immigration work, is that judges there have a lot of pressure from above on them, generally do Bench Decisions, have a lot more hearings than SSD ALJs, a lot more case prep that is handled by SCTs, AAs, etc. They do Bench Decisions. In York, PA, which is where I did my hearings, you're housed in a jail, though that's not the case most places. I think you have no job protection and a 2 year probation, no way. I hear and believe all the bad that can come to pass to an ALJ in ODAR. I believe it is more so as an IJ Ditto at the jail in Elizabeth, NJ and the non detained cases in Newark, NJ. A number of Government attorneys have told me that they would not want the job of IJ due to work overload.
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Post by plinytheelder on Apr 26, 2017 10:48:07 GMT -5
I was previously an ICE attorney and I d not envy the IJs. However, my high three right now is based on GS-14/6 and doing three years as an IJ would be a price I would pay to up the high three. But it would almost certainly be exactly three years.
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Post by odarable on Apr 26, 2017 14:21:19 GMT -5
Pixie and Roggenbeir address a critical distinction between immigration judges (IJs) and administrative law judges (ALJs): current IJs do not have Administrative Procedures Act (APA) protections while ALJs have APA protections. Previous proposals have advocated for Congress to convert IJs into ALJs. (See, e.g., Stephen H. Legomsky, Restructuring Immigration and Adjudication, 59 Duke Law Journal 1635, 1682 at FN 208, 1686 at FN 298 (2010).) Existing immigration judges generally could be grandfathered into the new ALJ positions. (See id. at 1711, FN 298, noting analogous contexts of tax court judges and court of claims judges.) Following the grandfathered conversion of existing IJs to ALJs, subsequent ALJ appointments then could be made from eligibles on the ALJ register. Doubts are understandable as to whether this kind of restructuring could be feasible. Yet, are there any thoughts/views on whether this would help to alleviate some of the problems noted here and elsewhere with the IJ program?
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Post by stevil on Apr 26, 2017 15:03:27 GMT -5
I think you are going to get push-back from Justice/EOIR because they would be handcuffed by the OPM ALJ hiring rules in finding adequate numbers of IJs with significant immigration experience. Trust me when I tell you (I repped the gov't for 10-years in immigration court) that you absolutely need serious immigration experience to avoid totally screwing-up your first few hundred cases! They have traffic court volume case-loads with truly serious ramifications for both sides. I'm sure there have been notable exceptions who have acquitted themselves well with little immigration experience, but they will be in the extreme minority. Just as importantly, why would you want to be selected for a job that will kill you both physically, mentally, and spiritually? Did I mention that IJ is a hard way to make a living? That said, I know many IJs who claim to like their work - which proves the adage, misery loves company!
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Post by robespierre on Apr 26, 2017 15:23:30 GMT -5
I just got an email informing me that for one of my handful of cities, they hired no one and decided not to use the certificate. This is for the November 2015 job announcement.
Not sure what to make of it beyond the face value.
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Post by carebear on Apr 26, 2017 16:20:44 GMT -5
I also just received 4 emails saying that there were no selections for Immigration Judges made for 4 of the cities to which I applied. This was also for the November 2015 job announcement. Of course they were my top choices.
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Post by Judge McJudgeypants on Apr 26, 2017 16:25:12 GMT -5
Got same email for the only two cities for which I applied.
"The hiring office that advertised this job has decided not to use the certificate, or list, of highly qualified candidates. Thank you for your interest in Federal employment".
I'm betting this is in preparation for a new fast-tracked application method they want to roll out under Session's EIOR.
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Post by JudgeKnot on Apr 26, 2017 16:35:29 GMT -5
I had applied for 40+ positions as IJ. I received rejections today on 20 of them, all saying "The hiring office that advertised this job has decided not to use the certificate, or list, of highly qualified candidates." I don't know what that means for the other locations that haven't sent me a foad.
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Post by jessejames on Apr 26, 2017 17:17:12 GMT -5
I received the same email today. My thought is that they are getting ready to post new announcements and wanted to close out the current ones that are different priorities than the guidance from the new administration.
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Post by southerngal on Apr 27, 2017 10:16:40 GMT -5
I received the same email today. My thought is that they are getting ready to post new announcements and wanted to close out the current ones that are different priorities than the guidance from the new administration. Wonder if DOJ will leave open the 2015 "referred" applications for those cities for which these emails weren't sent (20 seems to be the top number) like they did for applicants "referred" in a previous (2014, I believe) announcement.
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Post by wacokid on Apr 27, 2017 19:50:42 GMT -5
There is definitely a May 30 class. Training in Falls Church starts June 5 with investiture June 16.
After probationary period, IJs have MSPB protection. I want to say that I read somewhere that the failure rate in the probationary period is along the magnitude of 1 out of >100. (I could be wrong, but I recall seeing that somewhere.)
In terms of the job, while I have no direct experience to rely on, I can compare my time as a law clerk for a USDJ in which I spent more time than I ever would have imagined reviewing SSA ALJ decisions. Comparing that to the years I spent prosecuting criminal immigration cases, I decided -- for me -- that IJ would be a more interesting job. Also, FWIW, I work with a former IJ law clerk, and he raves about the IJ job and covets it for himself down the road. I also have a 30+ year friend, college classmate, who is an attorney in the ICE head shed in DC, and he also says that IJ is a great job.
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Post by robespierre on May 3, 2017 15:07:08 GMT -5
Just got FOADed for the remaining cities I listed from the Nov. 2015 job announcement.
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