The latest BS from the Dept of “Justice” today: The Board of Immigration Appeals has issued a decision in the Matter of R-C-R, 28 I&N Dec. 74 (BIA 2020). justice.gov/eoir/page/file…
Short version: unrepresented asylum seeker is detained and in a preliminary hearing by video is ordered to submit asylum application on a date prior to the next preliminary hearing, in English. When the app isn’t filed on time, IJ orders removal before next hrg.
This order gave no opp for explanation of why the app couldn’t be completed or for a request for an extension to complete it. There are many reasons people have trouble filling out these applications: some people can’t read or write, many don’t speak, read, or write in English.
Especially while detained, lack of access to someone who can assist you to fill out the form in English can provide an insurmountable barrier to seeking asylum. Also there is no direct access to the court in detention outside of hearings so the procedure to submit is difficult.
The BIA determined this was all fair and that IJs don’t need to hold a hrg to explain why an app wasn’t filed or to develop the record for appeal. The Board stated this unrepresented, detained person could have filed a motion with the court (in English) asking for an extension.
That line of reasoning is absurd and the Board knows it. This system is designed to be impossible to navigate alone. The BIA is interested in process in name only, not in due process. There is no consideration of actual fairness at the Board. This system is a farce.
TL; DR: we need independent immigration courts with federal court review to protect the due process rights of immigrants. #abolishEOIR
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