Amid a surge in reports of Cubans holding Form I-220A being detained when attending their immigration hearings across various U.S. cities, an immigration attorney has shared vital advice for those summoned. Laura Jiménez spoke with Telemundo 51 to guide the community on how to navigate these situations and what legal resources are available.
She emphasized the importance of maintaining hope and always attending court appointments with legal representation. "It's crucial," she highlighted.
Jiménez elaborated that an immigration attorney is equipped to legally counter the prosecutor's attempts to dismiss the case and can file "a legal brief opposing the prosecutor's argument to close the court in an effort to prevent this from happening."
Though not all judges side with the immigrant and may align with the prosecutor, the attorney stressed that "doing this work" could significantly impact the case's outcome.
Appeals as a Protective Measure
The expert also pointed out the significance of appeals as a tool to avoid immediate deportation. "While the case is under appeal, technically those deportation proceedings remain pending and open, thus ICE is prevented from placing them in expedited deportation. They might be detained, but they cannot be deported. This is a way to protect the client," she explained.
Challenges with Credible Fear Interviews
Regarding the strategy of requesting a credible fear interview, Jiménez was forthright: given the current guidelines and criteria of the Department of Homeland Security, succeeding through this route is very challenging.
"Clients will find themselves being moved from one detention center to another, awaiting this future credible fear interview, which by law should occur within seven days, yet it's taking over three weeks; attorneys are struggling to access clients in detention centers," she reported.
Expert Advice for Navigating a Tough Immigration System
The attorney urged those facing immigration proceedings to seek specialized legal advice, stay informed, and act responsibly to increase their chances of protection in an increasingly stringent immigration system.
Key Strategies for Immigration Court Success
What is the significance of having an attorney at immigration court hearings?
Having an attorney is crucial as they can legally counter the prosecutor's attempts to dismiss the case and present arguments to keep the case open, potentially impacting the case's outcome significantly.
How can appeals help in immigration cases?
Appeals can prevent immediate deportation by keeping deportation proceedings pending, which stops ICE from proceeding with expedited deportation, thereby offering protection to the client.
Why are credible fear interviews challenging to succeed in?
Under current DHS guidelines and criteria, credible fear interviews are difficult to succeed in due to delays and limited attorney access to clients in detention, making this route less viable.