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In light of the increase in reports of Cubans with form I-220A who have been detained while attending their immigration hearings in various cities across the United States, an immigration lawyer offered her advice to those who are summoned
Laura Jiménez spoke with Telemundo 51 to guide the community on how to respond in these situations and what legal resources are available.
He expressed that the first thing is to "never lose hope" and always go to each court appointment with a lawyer. "It is essential," he emphasized.
Jiménez explained that an immigration lawyer will know how to respond legally to the prosecutor's attempts to close the case and will be able to submit "a legal brief opposing the prosecutor's argument regarding their intention to close the court in an effort to prevent this from happening."
Although not all judges favor migrants and in some cases align with the prosecutor, the expert emphasized that "this work needs to be done," as it can make a difference in the future of the case.
The expert also emphasized the importance of appeals as a tool to prevent immediate deportation.
"While the case is under appeal, those deportation proceedings are technically still pending and open, so ICE is prevented from putting them in the expedited deportation process. They can hold him in custody, but they will not be able to deport him. That is a way to protect the client," he noted.
Regarding the strategy of requesting a credible fear interview, Jiménez was clear: currently, with the guidelines and criteria established by the Department of Homeland Security, it is very difficult to succeed through that avenue.
"They will also have clients being transferred from one detention center to another, awaiting this upcoming credible fear interview, which by law should take place within seven days, but is taking over three weeks; attorneys are not being granted access to clients in the detention centers," she reported.
The lawyer urged those facing immigration proceedings to seek specialized legal advice, stay informed, and act responsibly to have a better chance of protection in an increasingly strict immigration system.
Frequently Asked Questions about Immigration Court Hearings for Cubans with I-220A
What is the I-220A form and what does it mean for Cuban migrants?
The I-220A form is a supervised release order, which allows migrants to remain free while awaiting the resolution of their immigration case. However, it does not grant immigration benefits or legal entry into the country, creating a precarious legal situation for migrants, especially Cubans, who face deportation proceedings if their case is closed in court.
Why is it important to attend immigration hearings with a lawyer?
Attending with a lawyer is crucial because an immigration attorney can legally respond to the prosecutor's attempts to close the case and file opposing motions. This can make a significant difference in the future of the case, as the prosecutor may want to close the case to facilitate expedited deportation.
What legal strategies are recommended to avoid immediate deportation?
Appeals are an essential tool to prevent immediate deportation. While a case is under appeal, the deportation proceedings are technically pending, which prevents ICE from executing a swift deportation. Furthermore, it is important not to allow the judge to close the case without presenting counterarguments.
What are the risks of allowing a judge to close an immigration case?
Allowing a judge to close a case can result in expedited deportation. If the case is closed, especially for those who have been in the country for less than two years, ICE may arrest them immediately after leaving the court and proceed with deportation without the need for an additional hearing.
What alternatives are available for migrants with I-220A before an immigration hearing?
Requesting virtual hearings is an option, as some judges accept them. However, if ICE plans to close the case to arrest the migrant, this request could be denied. It is crucial to have legal representation and explore all possible alternatives to protect oneself against detention.
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