First, forgive me for the late notice. In this season of light, there are is still darkness to contend with. In 90 minutes, the commend period will close for responding to new rules for immigration court proceedings and granting continuances (postponing of a hearing). Please consider signing the letter below and I will do my best to submit in before 9:00 pm Pacific Time today.
Submitted on December 28,2020. Comment period is closed.
Lauren Alder Reid
Assistant Director, Office of Policy
Executive Office for Immigration Review
5107 Leesburg Pike, Suite 2616
Falls Church, VA 22041
RE: RIN 1125-AB03, EOIR Docket No. 19-0410, Dir. Order No. 02-2021,
Public Comment Opposing Proposed Executive Office for Immigration Review Rule Titled “Good Cause for a Continuance in Immigration Proceedings”
As people of faith and good of will celebrate this season of light, we continue to stand against injustice in our country’s immigration system.
The proposed rules contained in “Good Cause for a Continuance in Immigration Proceedings:” 1125-AB03, EOIR Docket No. 19-0410, Dir. Order No. 02-2021 are examples of that injustice.
They strip due process rights from noncitizens before the immigration court, and curtail immigration judges’ discretion to manage their cases in an individualized and fair manner. The changes will have detrimental effect on the cases for:
- DACA recipients,
- Youth seeking Special Immigration Juvenile Status (SIJS) from El Salvador, Honduras, or Guatemala, and Mexico due to the visa backlog,
- Women seeking protection under the Violence Against Women Act (VAWA),
- U-Visa applicants who are victims of crime,
- T Visa applicants who are victims of human trafficking.
Is that justice? Is that protecting the most vulnerable?
The proposed rules listed below should not be inaccted.
- 8 CFR § 1003.29(a): Limiting immigration judges’ ability to grant no more than 180 days (6 months) for asylum cases in the absence of exceptional circumstances.
- 8 CFR § 1003.29(b)(2): Proposing a list of situations of that would not qualify for “good cause for continuance” including seeking parole, deferred action, or the exercise of prosecutorial discretion by DHS. Immigration judges could enter removal orders for DACA applicants, Deferred Enforced Departure, humanitarian deferred action, parole in place, and prosecutorial discretion with DHS.
- 8 CFR § 1003.29(b)(3)(i), (ii): Individuals applying for immigrant visas and or waiting a change in status with approved petitions outside of the 180 days (6 months) of the VISA bulletin filing date will be denied.
- 8 CFR § 1003.29(b)(3)(iii), (iv): Applicants for non-immigrant visas who do not receive visas within the 6 months of continuance request will face immediate removal orders
- Proposed 8 CFR § 1003.29(b)(3)(v)): Restricting Immigration Judge’s ability to grant continuance for cases where DHS has initial jurisdiction.
- Proposed 8 CFR § 1003.29(b)(4)(i), (ii): Restrictions on continuances to secure representation allowing the judge to deny continuance and limit continuance to only 30 days.
- Proposed 8 CFR § 1003.29(b)(4)(iii): Case load of representative is not considered “good cause for continuance.
- Proposed 8 CFR § 1003.29(b)(4)(iv)): Only a single continuance of 14 days for case prehearing preparation will be allowed. This rule applies to respondents and their attorneys only; DHS attorney are not subject to the rule.
- Proposed 8 CFR § 1003.29(b)(4)(v): Continuances will not be granted if representative did not disclose at time of hearing, or request was not sent to immigration court within 14 days of hearing.
- Proposed 8 CFR § 1003.29(b)(4)(vi): Failure to appear by respondent’s attorney to appear at removal proceedings has a 14 day period for continuance regardless of reasons.
- Proposed 8 CFR § 1003.29(b)(5): Immigration judges will be limited to 14 specific categories for granting continuances.
- Proposed 8 CFR § 1003.29(b)(6): Immigration Judges will only be able to grant continuances for a maximum of 30 days for 3 reasons for removal hearings.
Signed,
John Kingery, Beaverton, OR, Catholic
Marilyn Grendele, Beaverton, Oregon, Cedar Hills United Church of Christ
Chris Kondrat, Portland, Oregon, Catholic