The Importance of Proper Legal Counsel at Every Stage of Any Immigration Case
ORIGINAL IMMIGRATION CASE DETAILS IN THE MATTER OF R-C-R
In the immigration case of the Matter of R-C-R-, a citizen of Guatemala entered the United States unlawfully in March of 2019. He was detained by the Department of Homeland Security (DHS) and was charged with removability as a non-citizen being present in the United States without being properly admitted and further not being in possession of any valid entry documents at the time he attempted to enter the United States. R-C-R- remained detained until a video conference hearing in early November 2019, where he appeared without counsel. During this hearing, R-C-R- admitted his removability (through an interpreter) and also expressed his desire to apply for asylum, withholding of removal and wanted relief under the Convention Against Torture (CAT). R-C-R- was then given an Application for Asylum and for Withholding of Removal (Form I-589) to complete. R-C-R- was instructed by the immigration judge to submit his applications for relief in early December even though R-C-R- ‘s next hearing was already scheduled for mid-January 2020. If the applications were not received in time, then his applications would be considered waived. A week after the deadline had passed, the immigration judge found that R-C-R- had waived his opportunity by not filing his applications in time and ordered him to be deported. R-C-R- appealed to the Board of Immigration Appeals (BIA) and argued that his due process rights were violated by the immigration judge in setting his application deadline ahead of his next hearing and further not allowing R-C-R- to explain why he missed the deadline. He also argued that he did not have a fair hearing because he was without an attorney, in custody, and forced to communicate through an interpreter.
BOARD OF IMMIGRATION APPEALS RULING
The BIA sided with the immigration judge and found that he or she can set a different deadline if he or she wishes, and further that this deadline can be final. The BIA also ruled that R-C-R- failed to meet his burden of proof in establishing that he was deprived of a full and fair hearing even though his hearing was conducted while he was in custody, speaking through an interpreter on videoconference without legal counsel. This case underscores the importance of proper legal counsel at every stage of any immigration case, as R-C-R- was never able to have counsel before the immigration judge dismissed his case and ordered him removed.
HOW DOES THIS AFFECT ME?
This case will undoubtably be used by immigration judges to set deadlines which can result in asylum claim dismissals before claimants have any real opportunity to present their cases. If you or a loved one is facing the possibility of deportation and removal, then this can affect you directly. Any claims for asylum or relief under the Convention Against Torture can be in jeopardy due to arbitrary final deadlines that immigration judges can make. The ruling in this case is a blow against due process for asylum claimants. It is important to have representation from an experienced deportation and removal attorney from the beginning of any immigration related case if possible. As the ruling in Matter of R-C-R- has shown us, due process can be given and taken away quite easily by immigration judges. The BIA has set a dangerous standard with this ruling which is terrible for asylum claimants and other immigrants seeking relief. Changes in immigration law are constant in our current society. It is important to understand how the law affects you as ignorance of the law is not a defense.
