Imagine this: attorney files motion to withdraw in asylum case 10 days before a final hrg. Judge grants withdrawal TWO DAYS before final asylum hrg. Person shows up to court, is denied a continuance to find a new attorney, and is told she is unlikely to win an "extortion case."
Judge spends 2 full minutes discussing how she won't win her asylum case if she goes forward while she cries, b4 he has heard a word about her case, and then tells her she can take pre-conclusion vol. departure. She cries, indicates she doesn't understand, cries more. Takes VD.
As she asks questions, IJ tells her she "normally wouldn't even qualify for pre-conclusion VD" but that the government is being generous, further coercing her into waiving her right to apply for protection.
Motion to reopen filed. Different IJ denies, stating she knowingly and voluntarily withdrew her application even though the record makes it very clear it was neither knowing or voluntary. Declines to address judicial bias, misconduct, or thousands of pages of evidence submitted.
I can tell 100s of stories like this one. All demonstrate the need for an independent immigration court. There is no protection for immigrants in immigration court. They are simultaneously victimized by a political court, a political appellate body, and notarios/shady lawyers.
As I write this brief on appeal, I know what the response will be. I will be told there was no prejudice to the applicant, she clearly accepted VD and she sobbed in court and indicated she didn't really understand. That her case was pending for 5 years as if that is her fault.
Then she will need to decide if she wants to pay a lawyer AGAIN to appeal to federal court. We need independent immigration courts. We need to protect the due process rights of immigrants. We need to stop allowing "judges" to get away with coercing and lying to pro se ppl.
We need your outrage and your voice. We need you to demand independent immigration courts. We need you to care about this. #fairdayincourt #dueprocess4all
