Thousands of Deportation Cases Being Dismissed
Many times I have had to go to court and request the judge to set aside a bench warrant because my client did not receive notice. It’s quite common whether notice was sent to an old address, non-existent address, or the notice is received after the hearing. It’s routine and has never been an issue before.
Now, with President Trump looking to deport just about everybody, his administration has done the same mistake when it comes to giving immigrants notice and the results could favor tens of thousands of immigrants.
Courts throughout the country are experiencing one of two things: either immigration authorities fail to put a court date on the notice or a court date is listed without having it been scheduled with the courts.
In Texas, immigrants were appearing for their hearings as listed on their notices, but the cases were not on the court’s docket because they weren’t scheduled. If not, Notices to Appear to appear were issued but the section of when the hearing was to be heard was blank, so immigrants will either have their cases dismissed or delayed because the hearing notice is defective.
If delayed, that only will help immigrants who have been residing in the United States for more than ten years. After ten years, immigrants in Removal Proceedings that are of “good moral character” and can prove residence in the United States for ten years, may be granted permanent residence. Considering the backlog of cases, about 750,000, tens of thousands of immigrants may qualify.
Of course, legal hypocrisy means that Attorney General Jeff Sessions has been critical of immigration attorneys that use the law and technicalities to their advantage.
Alexander Hernandez, Esq.
Once again, the Trump administration is proposing new rules for immigrants applying for green cards if they have used public assistance in the past.