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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 study 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 10 have been pending is 519 days.........[citing TRAC research].
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