Here's what it's like dealing with the new ICE:
Our client entered the US in August and sought asylum. We immediately informed ICE that he was represented by counsel. 3 days later, they acknowledged it by email. So far, so good.
Our client entered the US in August and sought asylum. We immediately informed ICE that he was represented by counsel. 3 days later, they acknowledged it by email. So far, so good.
We needed to talk to the deportation officer. We called. And called. And called. Radio silence. Meanwhile, we prepared our client for the credible fear interview - the first step in seeking asylum.
They did his interview without informing us, so no lawyer. It was denied.
They did his interview without informing us, so no lawyer. It was denied.
We continued to press ICE to communicate with us. No response.
We had told our client to request an appeal before an immigration judge. He did.
Again - his court date was scheduled, and we were not informed, despite our repeated attempts to connect with ICE.
We had told our client to request an appeal before an immigration judge. He did.
Again - his court date was scheduled, and we were not informed, despite our repeated attempts to connect with ICE.
By the way, they had moved our client from Texas to Chicago and then back to another facility in Texas, meaning we had to attempt contact with new ICE officers.
Finally, they put him in a processing center, slated for removal. We filed a petition in federal court.
Finally, they put him in a processing center, slated for removal. We filed a petition in federal court.
And finally, only upon federal court order, we today (six weeks after entry into the US, and after suffering two denials) the administrative record in the case.
Finally! Now we could see what happened in the case! Now we could articulate our legal arguments!
But of course not.
Finally! Now we could see what happened in the case! Now we could articulate our legal arguments!
But of course not.
There is absolutely no transcript of the credible fear interview. No indication how the asylum officer denied it. He went before a judge: no transcript of that, either. Yet the deport officer certified under penalty of perjury that the record was true, correct, and complete.
Under Rule 27.3, we are required to confer with the government lawyer as well as the clerk before filing an emergency motion to stay our client's deportation. To do so, we have to certify that removal is imminent in the next 14 days.
How can we know when ICE is silent?
How can we know when ICE is silent?
When we relayed our concern to the court clerk, she sighed and said, "I know where you're coming from. ICE doesn't tell us, either. It's like pulling teeth with them."
The saga continues, but I'll be damned if I let ICE deport my client from right under my nose.
The saga continues, but I'll be damned if I let ICE deport my client from right under my nose.
It wasn't like this before. I rarely had to go to federal court *just to win for my client the RIGHT to apply for asylum.*
No longer.
Understand that the story told in this thread is a feature, not a bug.
No longer.
Understand that the story told in this thread is a feature, not a bug.
