Tuesday, August 9, 2022

US: Circular clarifies that courts can ‘finish cases’ in favor of migrants

Amid rising tensions in the United States over the rise in the number of immigrants trying to enter day-to-day legal or illegal, and which has given rise to monumental migrant caravans from Central America, local media have revived their Agenda immigration cases that are done in special courts in that country.

In this sense, the importance of issuing a ‘guide’ in recent months that confers a series of ‘extraordinary powers’ to special judges that empowers them to ‘guide’.Kill’ some processes that are in their platform,

The memorandum was issued in April by the responsible judge of the immigration court, known as the EOIR. It responds to a request processed through the so-called FOIA Freedom of Information Act, which stems from legal groups that work for the welfare of the immigrant population in the United States.

The ruling, which is to serve as a guide for immigration courts to pursue the aforementioned withdrawal of procedures from their calendar or their assignment, is dated April 26, 2022.

As explained by specialized media, the regulations open up the potential for benefits to the expatriate population in specific cases and which are precisely guided by a guide under which courts are governed to eliminate cases of the ‘master calendar’. can be done, allowing a turn. ,immigration court decongestion,

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In this sense, cases that can be withdrawn deal with immigrants who have ‘no criminal charges’, nor are their adjustments pending before citizenship offices and immigration services, by special media. Interpret quoted expert voices.

Signed by Judge Trace Short, the guide, issued in April, provides a regulatory framework under which courts can be oriented to establish cases in which they may choose to adjourn their decisions within institutions, as well as Scenarios in which it is possible that these can be relocated.

In this sense, immigration judges have the right, in the exercise of their functions, to assign cases that are received, While also setting the ability to ‘prioritize’ the service queueas they deem fit.

Thus, by virtue of the power to give priority to cases, courts would be able to establish cases in which their resolution could be ‘deferred’ according to the burden of each court.

Who benefits from the nature of the immigration court?

In that sense, as explained by experts in judicial and immigration matters in the United States, there will be a wide range of people who can benefit from the above provisions.

In this group, local media highlights, people who have a “pending application or petition with USCIS,” such as a family-based visa application, may be favored.

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In the same sense, defendants who have pending petitions with other government agencies will benefit, which, if positive, can provide migration benefits.

Similarly, local media explains, people who are currently candidates for asylum before USCIS may benefit.

Those who have an approved visa but are waiting for an available visa number or quota will also benefit. Under this list of benefits, those who enjoy TPS or temporary security status or who are not eligible for it are also included.

In addition to the cases listed above, the guide warns that there may be another group of beneficiaries; although it is It is decided at the discretion of the judges, who may determine other scenarios for disposing of cases from the Court.

In cases where cases are withdrawn from the calendar in favor of decongestion, the circular clarifies that this should be notified in advance, warning that, before it, either of the parties may object. Is; In which case it must be stated in writing.

In that case, the case should be handed over by delivery, within a period not exceeding 60 days.

Nation World News Desk
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