Last week an immigration judge again blatantly ignored the law. My client held ICE to its burden to prove he was from a country outside of the US. We had to file the asylum app a month earlier or it would have been deemed abandoned and my client would not be able to apply.
The judge threatened that he would use our asylum app to provide the client was from outside of the US. We cited to the judge the exact spot in the law that says he cannot do that. He said he had never seen that particular regulation and ignored it.
This may not seem like a huge deal but if the government doesn’t prove their charges my client can terminate removal proceedings. So the judge completely ignoring the law means my client didn’t have a fair change in court to require the charge be proven against him.
The government attorney sat there saying nothing, despite knowing that the regulation indeed exists and that the judge was acting outside of the law. This relentless fight for the app of law in immigration court is another attempt to wear us down so we don’t went to rep ppl.
Another example of why we need independent immigration courts. No one gets a fair day in court in this system. #fairdayincourt #dueprocess4all
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