Discover and read the best of Twitter Threads about #fairdayincourt
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Imagine this: attorney files motion to withdraw in asylum case 10 days before a final hrg. Judge grants withdrawal TWO DAYS before final asylum hrg. Person shows up to court, is denied a continuance to find a new attorney, and is told she is unlikely to win an "extortion case."
Judge spends 2 full minutes discussing how she won't win her asylum case if she goes forward while she cries, b4 he has heard a word about her case, and then tells her she can take pre-conclusion vol. departure. She cries, indicates she doesn't understand, cries more. Takes VD.
As she asks questions, IJ tells her she "normally wouldn't even qualify for pre-conclusion VD" but that the government is being generous, further coercing her into waiving her right to apply for protection.
Last week an immigration judge again blatantly ignored the law. My client held ICE to its burden to prove he was from a country outside of the US. We had to file the asylum app a month earlier or it would have been deemed abandoned and my client would not be able to apply.
The judge threatened that he would use our asylum app to provide the client was from outside of the US. We cited to the judge the exact spot in the law that says he cannot do that. He said he had never seen that particular regulation and ignored it.
This may not seem like a huge deal but if the government doesn’t prove their charges my client can terminate removal proceedings. So the judge completely ignoring the law means my client didn’t have a fair change in court to require the charge be proven against him.
IJ in Denver just gave us an individual date in September 2019 on the FAMU docket for literally no reason. We entered our appearance last night at 6PM. If you think this isn’t to deny people access to counsel, you’re missing the point. #fairdayincourt #dueprocess4all
Cc: @MelissaDSegura
It’s important to note: client went to court for the first time June 26th. Today was his third hearing in two months. We were hired last night and emergency prepped an asylum application. He was supposed to have a hearing on or before June of next year.
