Asylum Hempstead - Shankar law

Asylum Hempstead

Immigrants’ removal processes and asylum requests are both handled by immigration judges in the judicial system. This office is part of the Department of Justice’s Executive Office for Immigration Review (EOIR). As an appellate authority, the Board of Immigration Appeals (BIA) is part of the Executive Office for Immigration Review (EOIR). The immigration courts are civil courts. For example, when federal prosecutors file criminal charges for immigration offenses such as illegal entry or re-entry, Article III federal courts are not included in the immigration court system.


What are the rights of immigrants in the immigration court system?

As stated in the United States Constitution, even undocumented immigrants are entitled to fundamental rights. All “persons,” not only citizens, receive equal protection and due process under the 14th Amendment. This means that immigrants in immigration courts have the right to present and hear their cases in front of a judge and jury. People who cannot afford an attorney in immigration court have a right to one because it is a civil rather than a criminal institution. According to the American Immigration Council in 2016, only 37 percent of immigrants facing deportation received legal representation. When time is of the essence, it is common practice to forego the right to due process. A growing number of immigrants are being deported using accelerated removal procedures, even though many can present their cases in immigration court.


How many immigration judges are there, and how many cases are they dealing with?

“Advise noncitizens of their legal rights, hear testimony, make credibility findings and rulings on the admissibility of evidence,” “enter legal arguments,” “adjudicate waivers and petitions for relief, make factual findings and legal judgments,” and “issue final orders of removal.” In contrast to federal court judges, immigration judges in the EOIR lack the same level of judicial independence and long-term tenure. As with any other government employee, immigration judges can be recruited and fired.


Immigrants who have been victims of domestic violence or gang violence may have fewer options for obtaining asylum under proposals to limit their access to the courts, such as increasing reliance on expedited procedures, limiting the types of asylum claims that can be made, and imposing time quotas on immigration judges to make them spend less time on individual cases or face performance reviews.


NTA (Notice to Appear): what does it mean?

As soon as the DHS receives a Notice to Appear (NTA) document, the removal process can commence. When the NTA is submitted with the EOIR, the agency takes over the case and evaluates whether or not the person is eligible for deportation. The three probable grounds for receiving an NTA are “arriving alien,” “immigrant already in the United States who has not yet been accepted or paroled,” and “admitted immigrant who has now been judged deportable for the reason specified on the NTA,” which are the three conceivable causes for an NTA.

NTAs have always been issued by the US Citizenship and Immigration Services (USCIS), but only after the applicant was convicted of a crime. As a result of this policy change, immigrants who apply for any adjustment of status for a visa, green card, or citizenship and are denied will receive an NTA and be placed in removal proceedings. Consequently, Any person accused of or linked to criminal activity by the Department of Homeland Security (DHS) may also be granted an NTA, regardless of whether or not they have been arrested or formally charged with a crime.


The question is whether it is possible to appeal an immigration court ruling.

Yes, through the Bureau of Immigration and Customs Enforcement (BIA), whose decisions are reviewed by the Attorney General and, in some circumstances, federal courts. The • BIA is available to individuals who have obtained a poor outcome. If necessary, the Board of Immigration Appeals (BIA) will have oral arguments at its headquarters to resolve appeals. Unless the Attorney General or federal courts overrule them, BIA decisions are final. When it comes to facts and credibility assessments, the BIA uses a “clearly erroneous” standard, whereas questions of law, discretion, and judgment are examined from the start.

An appeal to the Federal Court of Appeals may be sought for specific issues, such as a final order of removal if an individual fails to win their appeal before the BIA. There is no automatic stay for federal appeals – the individual is at risk of deportation and must request a stay of removal for the duration of the appeal process. These petitions must be filed within 30 days of the BIA ruling.

It’s rare, but not unheard of, for the Attorney General to send cases to himself to overturn BIA rulings. In 2018, Attorney General Jeff Sessions has used this authority three times. Based on a self-referral, the judge decided that domestic abuse and gang-related victims were not qualified for shelter since they did not belong to a “specific socioeconomic category.” In the other cases, judges were not compelled to give asylum seekers a full hearing, and they were not allowed to use administrative closure to remove cases from their dockets. The Attorney General.