Button 3 Button 1 Button 2 Button 4 Button 5 Button 6
  • Twitter
  • Facebook
  • Google
630-932-9100
Free Initial Consultation 630-932-9100
Mevorah Law Offices LLC
630-932-9100
DuPage County Attorneys

LOMBARD

900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100

BLOOMINGDALE

134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761

ST. CHARLES

333 N. Randall Road, Suite 104, St. Charles, IL 60175

Phone: 630-443-0600

JOLIET

58 N. Chicago Street, Suite 500, Joliet, IL 60432

Phone: 815-727-4500

CHICAGO

105 W. Madison Street, Suite 2200, Chicago, IL 60602

Phone: 630-932-9100

Asylum Seekers Ordered Deported in Absentia

Posted on in Immigration
  • Font size: Larger Smaller
  • Hits: 156
  • Print

apply for asylum, seeking asylum, Chicago immigration attorney, asylum seekers, deported in absentiaIn 2014, the United States experienced a surge of migrants from Central and South America appearing seemingly en masse at its southern border. Many were deported upon encountering Customs & Border Patrol (CBP), but many were able to assert a claim of credible fear—they stated their intent to apply for asylum in the United States. 

Due to the immigration backlog in U.S. courts, many of these cases are just now coming up for review. However, a large portion of the asylum seekers have not appeared, and have been ordered removed in absentia.

While it may seem smart to not appear in court lest you be arrested, it is absolutely not the right choice to make. Failing to appear can actually make matters even worse for you.

The Normal Asylum Process

In a standard defensive asylum case (which is what most asylum seekers mount, as opposed to an affirmative asylum request where one turns oneself in to CBP), the applicant appears before an immigration judge with all the relevant information and pleads his or her case, usually alone, sometimes with an attorney (since immigration cases are administrative in nature, rather than criminal, the government is not required to furnish an attorney for the applicant). If his or her application for asylum is approved, then he or she is granted lawful permanent resident status, with his or her green card appearing in the mail later on.

If the immigration judge rules against the asylum seeker and there is no other form of relief from removal available—for example, Deferred Action for Childhood Arrivals (DACA), or relief under the Convention Against Torture (CAT), among others—the asylum seeker will be ordered removed. However, the ruling may be appealed. Historically, asylum seekers have been permitted to live in the community while their applications are pending, even getting permission to apply for work authorization in rare cases.

There are three more levels to which one can appealthe Board of Immigration Appeals (BIA), and if unsuccessful there, the appropriate Federal Court of Appeals for your circuit may hear your case. Some immigration cases do reach the Supreme Court, but these are very rare.

The Pitfalls

The process to obtain asylum has been much the same since its modifications after World War II. Certain patterns are somewhat traditional, and have grown to be ‘normal’ to those in the system. However, given the current administration’s binge of deportations and policy changes, as well as the districts to which asylum cases are being assigned, more and more potential asylees are choosing not to appear for their hearings.

There are multiple reasons for this—fear of immediate arrest if their claim is denied (something Immigration & Customs Enforcement has denied doing), confusion over the hearing’s time and place, or simply being discouraged by attorneys in their locale who know the judge and the court they may face.

To be sure, some U.S. districts are notoriously harsh and dispassionate with regard to claims that do not fit the letter of the lawfor example, in Charlotte, NC, the three immigration judges there posted grant rates in FY 2016 of 15.8 percent, 18.4 percent, and 28.4 percent. All these figures are well below the national average grant rate of 59 percent. (Chicago’s rate is marginally higher, at around 45 percent.)

However, choosing not to show up means that an asylum applicant will be ordered removed in absentia, and while there is a substantial backlog of removal orders which must be executed by ICE, absentia orders can jump the proverbial queue because the person in question is an unknown quantityand ICE no longer prioritizes violent criminals. It is official policy now that anyone “in violation of the immigration laws” may be arrested and deported, regardless of extenuating circumstances.

Seek Experienced Help

This can be a frightening time to be an immigrant of any status in the United States. However, you do have rights, and it can make an enormous difference to have a knowledgeable attorney on your side to help you exercise them. The passionate Chicago asylum attorneys at Mevorah Law Offices LLC are experienced in these types of cases, and will work hard to give you the fair day in court that you deserve. Call us today to set up a free consultation.

Sources:

http://trac.syr.edu/phptools/immigration/court_backlog/apprep_backlog_avgdays.php

http://trac.syr.edu/immigration/reports/448/

  • DuPage County Immigration Lawyers
  • Elite Lawyers
  • National Association of Distinguished Counsel
  • Top 40 Under 40
  • 2015 Top 40 Lawyers Under 40
  • Super Lawyers

Let us start helping you with a FREE initial consultation.

NOTE: Fields with a * indicate a required field.
*
*
*

One Stop For All Your Legal Needs

Whether you are going through a divorce, injured in an accident, need to file a workers' compensation claim, charged with a crime, immigrating to the United States, or need to file for bankruptcy, Mevorah Law Offices LLC can help. Our trial lawyers have over 35 years of experience helping clients throughout Northern Illinois from five offices in Lombard, Bloomindale, Joliet, St. Charles, and Chicago.

Steven Mevorah has assembled experienced attorneys under one roof so that his clients need not search for a new attorney each time they need help. Mr. Mevorah has also established a wide network of additional attorneys so that his clients merely need to stop by Mevorah Law Offices LLC to find the attorney they need.

Client Focused Representation

Our practice is focused on meeting your needs with flexible hours and locations to serve you:

  • Free initial consultations
  • Saturday and evening appointments available
  • Home and hospital visits if your injuries prevent you from traveling
  • Multiple locations throughout Chicagoland
  • Veteran trial attorneys
  • Experienced negotiators
  • Payment plans available
  • Cash, check, or credit card accepted