Every year, 300,000 aliens face removal from the United States in proceedings before 200 immigration judges. Many are in detention pending deportation; others are granted the privilege of voluntary departure. Many appeal to the Justice Department’s Board of Immigration Appeals (BIA) and then petition the circuit courts for review.
Circuit judges have responded critically. Second Circuit Judge Robert Katzmann described as a “tsunami” the flood of immigration cases, which had gone from 4 percent to 39 percent of the Second Circuit’s docket. In 2006, John Mercer Walker, then chief judge of the Second Circuit, pointed out, “For the BIA to keep current on its docket, even with streamlining so that the disposition is by a single judge, each judge must dispose of nearly 4,000 cases a year — or about 80 per week — a virtually impossible task.”
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