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Immigration Courts Speed ​​Up Removal Trials for Immigrants Who Are Free

2020-12-04T21:28:45.218Z


The new Justice Department guidelines will also sanction attorneys who file immigration cases without legal support and will reduce preliminary hearings.


The immigration courts will speed up the deportation processes for undocumented immigrants who are not in ICE custody, and will sanction lawyers who present cases without legal support, according to the new provisions released by the Office of Immigration Review ( EOIR, for its acronym in English), dependent on the Department of Justice and therefore the Government of Donald Trump. 

“As part of its ongoing commitment to ensuring efficient and fair adjudications and that each alien with a claim for relief or protection from deportation receives a hearing in a timely manner, the EOIR implements a new model of processing the flow of removal cases without status. that involve foreigners not detained with representation ”, according to the document that was released this Tuesday.

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The new guide, which seeks to relieve the courts of a delay of more than 1.4 million pending deportation cases, will also cancel the general calendar hearings, a preliminary appointment in which the filing dates are generally established for immigrants who do not they are detained.

Instead, the court will send a scheduling order to the attorneys, who will then have at least 45 days to file any writing or request for immigration assistance, such as asylum.

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"Unnecessarily requiring parties to appear for short hearings, including by phone or video conference, simply incurs unnecessary costs and creates inefficiencies in case processing for immigration courts," according to the memorandum signed by the EOIR director, James McHenry.

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In addition to eliminating preliminary hearings, the agency "also discourages master calendar hearings from being held in cases involving foreigners represented solely for the purpose of filing an application and thereafter scheduling an individual merits hearing."

In the event that the deportation "has already been determined" but the corresponding hearing on individual merits has not yet been held, "the judges are recommended to issue a pre-hearing scheduling order" in order to accelerate the deportation .

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In the same way, if a petition is not presented within the time established by the judge, "it will be considered that the accused has renounced his process."

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According to the Justice Department, the number of immigration court cases has increased by more than 800% in the last two decades.

This number of cases is also reflected in the figures handled by the appeals board, which had more than 65,200 pending cases that had been appealed at the end of fiscal year 2019, compared to 12,700 just two years earlier, according to the same department.

With information from Law 360

Source: telemundo

All news articles on 2020-12-04

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