Playing the waiting game in immigration court

Anyone who's had experience with immigration court knows that the process is anything but fast. Nationwide, the backlog has reached an all-time high of 344,230 people in immigration proceedings. See TRAC Immigration for more.

Fortunately, the immigration court doesn't require you
to stand in line the entire time you're waiting for your case.
Used under Creative Commons license from @eschipul

As of September 13, Massachusetts is among the top ten states with the biggest backlog of immigration cases waiting to be processed. It also has the 8th longest wait times. In 2013, a person in deportation proceedings in Massachusetts had to wait an average of 610 days to have the case resolved, above the national average of 562 days. Click here to see some charts. Nebraska had the longest wait times with 761 days, while Hawaii is the shortest at 164.

While the wait times may seem to be a good thing for people who want to avoid deportation, the long delays mean months of uncertainty for people in immigration proceedings.

Glickman Turley's Client Gets Promising Ruling in Immigration Appeal

One of our clients came to us when she found out she was facing deportation. After her case was rejected by an immigration judge and the Board of Immigration Appeals, Glickman Turley attorneys filed an appeal in the First Circuit Court of Appeals. We requested a stay of removal for this client, so she could remain in the U.S. while her appeal was pending. The stay was granted, but the court also identified several issues it found relevant to her claims. Specifically, the court requested information on the question of whether there was "substantial evidence" to support the BIA's findings that our client would be able to find work in her home country and that she might have been aware of misconduct by her spouse many years ago. It also questioned the BIA's authority to review credibility findings and whether our client's stated intention to exercise her rights under U.S. law, should she become a citizen, could be held against her. 

Although our client's appeal is not yet decided, this is a promising sign. We will exercise our best efforts to fight for her ability to stay in the U.S.

If you are facing deportation, or if you want to change your immigration status, Glickman Turley can help. Contact us today about your immigration issue.

DOJ Announces New Policy for Detained Immigrants with Mental Illness

On Monday this week, the Department of Justice (DOJ) and Department of Homeland Security (DHS) announced a new nationwide policy for unrepresented immigration detainees with serious mental disorders or conditions that may make them mentally incompetent to represent themselves in immigration proceedings. 

The policy was announced only a day before a federal judge in California ordered courts in Arizona, California and Washington to provide legal representation for immigrants with mental disabilities who are in detention and facing deportation, if they cannot represent themselves.  The decision is the first time a court has required the government to provide legal assistance for any group of people in immigration proceedings.  The ruling was handed down late Tuesday in a class-action lawsuit brought in 2010 by the American Civil Liberties Union, among others.

The new policy would essentially expand the California ruling nationwide, making government-paid legal representation available to people with mental disabilities in immigration courts in every state.  Under the new guidelines, immigration judges would be able to order mental competency hearings for immigrants who may have serious disorders, based on medical or other records.