- The Board of Immigration Appeals made the decision.
- Only a few ‘lucky ones’ will be saved from the deportation order.
- To obtain the benefit, certain requirements must be met.
Some undocumented immigrants could be ‘saved‘ from the deportation order. The Board of Immigration Appeals reviewed the case of a female undocumented immigrant and her son who received an expulsion order for absence as they were 30 minutes late for the hearing.
The specialized site Law360 shared the decision of the Board of Immigration Appeals. The ruling notes that immigration judges could withdraw a deportation order in some specific cases of undocumented immigrants.
Deportation order in some cases may be withdrawn
“The mother of the case was 30 minutes late for a hearing in Cleveland Immigration Court on March 6, 2019, which resulted in an order of removal in absentia,” says Law360. The immigration judge refused to reconsider his decision.
The Board of Immigration Appeals reopened the case and upon verifying that the undocumented woman arrived late for reasons that were beyond her control, such as “extensive traffic problems caused by bad weather,” according to the aforementioned media. .
Removed deportation order for some ‘lucky ones’
“We hold that immigration judges can exercise their discretion to rescind a removal order in absentia and grant a motion to reopen when an alien has established by evidence that their late arrival at the removal hearing was due to ‘exceptional circumstances.’ ”Said the appeals board.
According to Law360, the appeals board also said what would be the necessary evidence, which undocumented immigrants will have to present to obtain the benefit of immigration judges who review their cases.
What is needed to stop the deportation order?
The site notes that “exceptional circumstances” must be verified to approve the detention of the order in deportation, such as bad weather or medical emergencies. To achieve this, a series of tests must be presented.
“Affidavits, traffic and weather reports, medical records, proof of arrival time and other documentation are acceptable” to prove “exceptional circumstances” and obtain the benefit, according to Law360.
Who will be left out of the detention order of deportation?
If undocumented immigrants do not present the necessary proof, removal of the deportation order would not be justified. “General statements, without corroborating evidence documenting the cause of the delay, are insufficient to establish exceptional circumstances that would justify reopening the deportation process,” the board said.
The woman submitted affidavits from herself and her driver assuring that weather conditions prevented her from arriving on time for her hearing before the immigration judge, Law360 points out. In addition, he presented news reports on bad weather.
For this reason they granted him the benefit
“The totality of circumstances approach may also take into account any other factors relevant to the individual case of the foreigner. For example, the young age of a foreigner may be relevant when there are multiple impediments to attending the deportation hearing, ”says the resolution.
The appeals board also took into account the prompt response of the undocumented immigrant to the deportation order, as she presented it only 5 days after the immigration judge’s decision. They also reviewed their previous hearings.
“We don’t care why he was late”
“The universe of possible reasons for issuing an absentee warrant has been limited at least somewhat, I would like to think, by the decision in my case today because it instructs an immigration judge to consider other factors as well,” said defense attorney Farhad Sethna. of the immigrant.
The attorney said immigration judges should not “just blindly consider that someone was late and we don’t care why they were late,” according to Law360. This is not the only good news that has come for the undocumented in recent days.
Other good news for immigrants
It was recently revealed which immigrants could return to the US The Department of Homeland Security (DHS) is providing an opportunity for some immigrants to return to the United States despite having been deported.
Thousands of immigrants deported under Trump could return to the United States, according to The opinion. Marsha Espinosa, spokeswoman for the Department of Homeland Security pointed out thousands of deportations will be evaluated.
DHS could allow deportees to return to the United States
With the arrival of Biden to power, many of the immigration policies and procedures that were imposed under Donald Trump to stop the arrival of thousands of immigrants and deport the millions of undocumented immigrants in the United States were eliminated or detained.
Now, DHS opens the possibility for thousands of immigrants to return to the United States despite having been deported. The spokesman for the federal agency told The Marshall Project that thousands of cases of deported migrants would be analyzed.
DHS will review cases to see if they can return to the United States
The official said that the government of President Joe Biden “is committed to reviewing the cases of people whose removals under the previous administration did not meet our highest values,” according to the Los Angeles daily.
In addition, he said that a group of people would be in charge of developing a draft guide to carry out these reviews and consider whether immigrants could return to the United States after being deported. He said the process would be “orderly.”
Who will be able to return to the United States?
He also pointed out that deportees will be able to present their applications “on a case-by-case basis. Although the documents are not yet available, La Opinion points out that both the official and the journalistic report of The Marshall Project point to certain immigrant beneficiaries.
The Los Angeles newspaper listed a series of immigrants who could benefit and return to the United States after the DHS review. The first of them would be the so-called “Dreamers”, young immigrants brought to the United States as children.
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