Putting TRAC to Work
  Legal and Scholarly
United States Court of Appeals, Seventh Circuit
March 12, 2014

Court Opinion in L.D.G., Petitioner, v. Eric H. Holder, Jr., Attorney General of the United States, Respondent, No. 13-1011

With so many avenues of relief available and all of them requiring waivers of inadmissibility, allowing the IJ to make a global resolution of waiver requests under section 1182(d)(3) offers efficiency advantages over compartmentalizing waiver decisions whenever a statute gives a second agency more targeted waiver authority. Efficiency is no small consideration in an administrative system as backlogged as the U.S. immigration bureaucracy has been. Noncitizens who ultimately were granted relief waited an average of 898 days nationwide for their immigration cases to reach an outcome as of October 2013. See Wait for Immigration Relief Longest in Nebraska, Oregon, Illinois Courts, This number jumps to 1149 days in Illinois, where L.D.G.'s case was heard. And the backlog shows no signs of abating; nationally, the average waiting period has increased 37% over the last five years, from 657 days in fiscal year 2009........[Citing TRAC research].

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