Friday, 28 June 2019

Court Rules Asylum Seekers Can Appeal Expedited Removal Orders

Court Rules Asylum Seekers Can Appeal Expedited Removal Orders

Each year in the United States (U.S.), the government deports far too many immigrants through expedited removal proceedings. Stagnated with massive backlogs of immigration court cases, 007카지노 the U.S. government has continually relied on expedited removal as a quick way to deport certain immigrants. Yet the system is rife with the potential for human error and prejudice, putting innocent lives at risk. Thus, expedited removal is a danger to many undocumented immigrants throughout America.

But in March 2019, a court ruling provided hope for asylum seekers throughout the nation. 더나인카지노 A federal appeals court reversed the decision of a lower court, determining that foreign nationals seeking asylum have the right to appeal their expedited removal decisions to a federal court. Without a doubt, this critical development is a major victory for asylum seekers throughout America.

In today’s article, we will review the following:

What is expedited removal?
Who can be deported via expedited removal?
What does the March 2019 ruling mean for asylum seekers?
If you are seeking asylum, or need help with any immigration concern, you need the assistance of a qualified immigration attorney. Only a lawyer certified by your state’s bar association can properly guide your court proceedings and protect your rights. 우리계열카지노 When your right to live in America is at risk, do not leave it to chance. Davis & Associates offers free consultations every day. Contact us to schedule a time to talk with one of our expert attorneys!

Defining Expedited Removal
Expedited removal refers to a very specific deportation process created in 1996. In short, it allows the U.S. government to deport certain foreign nationals via a quickened removal process. Currently, a massive case backlog weighs down the immigration court system so formal deportation proceedings can take months or even years. Expedited removal solves this problem for U.S. officials seeking quick deportations.

Who Can Be Deported Through Expedited Removal?
According to current law, 우리계열쿠폰 the government can only remove those foreign nationals present in the U.S. without legal status via expedited removal. Even further, ICE or border patrol must apprehend these individuals within two weeks of arrival and within 100 miles of a land border (including Canada and Mexico).

Any person with legal status (i.e., green card holder, visa holder) cannot be deported via expedited removal.

Dangers Of Expedited Removal
Unfortunately, expedited removal has several key weaknesses that make it vulnerable to human mistakes and biases. First, expedited removal, by its very nature, denies certain immigrants the right of habeas corpus (i.e., the right to a hearing with a judge, which prevents unlawful imprisonment). Because they do not receive a court hearing, many people who would otherwise achieve relief from deportation face removal. Read more about the importance of Habeas Corpus here.

Since expedited removal does not allow for court hearings, final decisions are rendered by low-level government officials. Unfortunately, these decisions are also not appealable, meaning that critical errors can occur without any restitution. Because life-altering decisions are made by one person and are non-appealable, expedited removal cases are vulnerable to prejudice, bias, and error.

Finally, expedited removal seeks to remove those foreign nationals who are often the most vulnerable. Any person seeking defensive asylum must pass a “credible fear” screening. Failure to do so means that a person can become eligible for expedited removal.