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Original Date Announced
January 8, 2021Via Policy Memo 21-13, the EOIR Director rescinds OPPM 17-01 on continuances and provides further guidance on restricting continuances in immigration proceedings, reminding immigration judges to be vigilant about respondents' strong incentive "to abuse continuances" and use them as a dilatory tactic. The memo provides a "non-exhaustive list of relevant legal and policy principles as an aid to adjudicators" in deciding continuance requests.
[ID# 1278]
Policy Memo 21-13: ContinuancesEffective Date
January 8, 2021Biden Administration Action: Revoked/Replaced
April 18, 20222022.04.18 EOIR DM 22-05.pdf
On April 18, 2022, EOIR Director David Neal issued a Director's Memorandum rescinding the Trump-era memo mentioned in this entry.
View DocumentCurrent Status
Not in effectMost Recent Action
April 18, 2022 Action: Revoked/Replaced 2022.04.18 EOIR DM 22-05.pdfApril 18, 2022Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Hearings and AdjudicationsAgencies Affected: EOIRAssociated or Derivative Policies
- July 31, 2017 EOIR discourages IJs from granting continuances
- August 16, 2018 AG Sessions issues Matter of L-A-B-R-, restricting continuances
- November 27, 2020 EOIR proposes regs to further narrow continuances in immigration court
Pre Trump-Era Policies
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January 10, 2021
OPPM 17-01 was issued prior to the decision in Matter of L-A-B-R-, 27 I&N Dec. 405 (A.G. 2018).
OPPM 17-01: Continuances
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
Policy Memo 21-13: Continuances
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Prior Policy
Original Source:
OPPM 17-01, Continuances