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Valerie Thomas March 3, 2020 Immigration

If disparity rates have in ten of the fifteen immigration courts hear the bulk of asylum claims this is real progress toward a fairer and more impartial . Training for new immigration judges and the mentoring programs have helped lots of new judges their cases more seriously. But this drop in disparity rates also be due by better lawyering in those ten judges in which been a drop in disparity prices. We realize that an applicant has got a better chance of success if represented by counsel and so the execution of reforms of the 22-point plan certainly not be the drop in asylum disparity rates.

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The attorneygeneral's 2006 Strategy For Reform in the aftermath of the hiring scandal and from several circuit court rulings that harshly criticized the courts, former Attorney General Alberto Gonzalez issued a 22- Point for improving the of the immigration courts. not the of this to delve the implementation of of the entire reform attempt, but that I will briefly examine a few of the positive changes that have emerged from .

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The following most cited proposal for reform is to change the immigration courts into I Legislative Court." Under Article I, Section 8, Clause 9 of this Constitution, Congress may"constitute Tribunals inferior to the Supreme Court." "Article I Courts may possibly be staffed with judges that lack life they don't exercise'core' judicial for the national Constitution requires that judges have been insulated from politics" The Court of Veteran's Appeals, the Court of Federal Claims, and the U.S. Tax Court have been Article I Courts. Frequently these courts handle specialty and technical matters beyond the ken of expertise of professionals and judges. judges on these courts lack life-time tenure, such courts offer a modicum of independence and transparency that is missing from the EOIR established immigration system.

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It that Representative McCollum used Roberts' suggestion for an Article I Court a it. Both basic differences between Roberts proposal and the McCollum bill is that, first, H.R. 4107 exude contempt sanctioning authority on both trial and appellate judges of this Article I Immigration Court. Second, the Roberts proposal made the of the brand new court but they would be to review by the Supreme Court on a petition for certiorari. H.R. 4107 would create the final review after the appellate simply to the Federal Court of Appeals for the Federal Circuit. This sounds unworkable, for there is just one Federal Court for the Federal Circuit that is Washington, D.C., also this one court could take care of most the appeals of asylum cases are currently distributed over eleven national circuit courts.

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