10 Dec New Court Scheduling order expediting cases
By Atty. Chris Caday Lozano
There is a new development in the Immigration Court which is called “Scheduling Order.” It appears that this is a last ditch effort by the Trump Administration to expedite removal of undocumented aliens. The EOIR is sending notices to the Respondents in the Immigration Court stating that they have to submit a form of relief within 45 days for a merit hearing.
This is problematic because unlike in the past the Respondent is given enough time to submit a form of relief especially when the documents are not immediately available, when the Form I-130 petition is waiting to be approved, or when there is a form of waiver that need to be filed that needs many documentations.
Congresswoman Ayanna Pressley sent a letter to the Executive Office for Immigration Review (EOIR) expressing “grave concern” and demanding answers about recent changes to court filing deadlines that could affect thousands of immigration cases across the U.S.
As reported in the media last month, attorneys in Boston said amid the pandemic they received new orders from EOIR — an office within the U.S. Department of Justice with authority over the nation’s immigration courts — that fast-tracked filing deadlines for some of their clients. If the applications to remain in the U.S. were not filed within a few weeks, the lawyers said the notices made clear those individuals — nearly all of whom are children seeking asylum or special immigrant juvenile visas — could be at risk for deportation.
“I am particularly concerned to see that these scheduling orders appear to have been sent out en masse,” Pressley wrote, adding that she fears the new deadlines “jeopardize the due process rights” of vulnerable children.
As she explained:
Such cases are generally provided special privileges in immigration proceedings because of the vulnerability of the children involved. They’re also often granted more time to file for relief because there are various options available to minors, including pursuit of asylum or special immigrant juvenile visas not through the court, but through U.S. Citizenship and Immigration Services.
In the San Francisco Immigration Court these Scheduling Order is being implemented as well as in all courts across the country. These scheduling order applies to all in Removal Proceedings pending in Immigration Court.
Note: This is not a legal advice.
SUCCESS STORIES
1. For the month of October 2020, we received from USCIS seven approvals of Family petitions, and one Removal of Condition on residence.
2. For the month of September 2020, we received three naturalization approvals, four I-130 petition approvals and one DACA approval.
3. For the month of August 2020, we received three renewals of green card and four naturalization approvals from USCIS.
4. For the month of July 2020, we received two approvals of Naturalization applications from USCIS.
5. For the month of June 2020, we received approvals from USCIS two naturalization applications, two renewal of green card and one adjustment of status.
6. For the month of May 2020, we received approvals from USCIS for three green card renewals, two adjustments of status, and one naturalization application.
7. for the month of April 2020. We received approval of one adjustment of status, three removal of condition on residence and one renewal of green card.
8. For the month of March 2020, we received six Adjustment of Status and three Naturalization approvals from USCIS.
9. For the month of February 2020, we received approvals from USCIS of five Adjustment of Status applications and three Naturalization applications.
10. For the month of January 2020, we received approvals from USCIS of five Adjustments of status applications, three N-400 applications for naturalization and three fiancé visa applications.
11. For the month of December 2019, we received four approvals of naturalization applications, five approvals of Adjustment of Status applications, two approvals of Petition to remove condition on residence, one renewal of green card approval and one green card application at the U.S. Embassy.
12. For the month of November 2019, we received approvals of one naturalization application, one renewal of green card, one Petition to remove condition on residence and one adjustment of status.
If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation.
Chris Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. He practices immigration law, bankruptcy and personal injury law since June 1999. His contact phone is 1-877-456-9266, email: info@CCLlaw.net