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IMMIGRATION NEWS
The legal division of the International Immigrants Foundation is sharing awareness of the new regulations which will affect all immigrants in deportation proceedings. By July 1, 2008, all proceedings before an immigration court will have been consolidated at the national level, and very rigid procedures will have been put in place, procedures which the immigrant must understand in order to facilitate his/her legal representation.
An immigration judge will consider the case submitted by the prosecutor or representative of the Department of Homeland Security along with the arguments presented by the lawyer in your defense. The new regulation stipulates that the documentation which is to be considered by the court and which will be reviewed by the judge during the hearing must be filed before the date specified and with the knowledge of both sides. The judge will neither accept nor consider any documentation sent by mail if it is received after that date.
The filing of this documentation will depend on the stage of the deportation process. Usually there are two levels that demand several representations before an immigration judge. The first preparatory hearings are called ‘Master Calendars’, whereas the hearings when the judge will render a decision are called ‘Individual Hearings’. Any application for residency, motion or response to a motion, appeal, statement, supporting documentation, list of witnesses, etc., must be submitted before the date requested by the judge.
The immigrants in deportation proceedings who are free and have a preparatory hearing must submit supporting documentation 15 days before the hearing. However, when the immigrant has to appear for an ‘Individual Hearing ‘, he/she must submit all documents at least 30 days before the trial's date. When an immigrant is arrested, the date of presentation is dictated by the court. These procedures take time in order to ensure their professional preparation.
Register and attend my next conference free of charge, in which I will share more about this subject and all you should know to be in control of your immigration procedure.
Remember that there is always a lot more to analyze before formulating a legal strategy.
Eduardo Juárez is president of the International Immigrants Foundation. For assessment of questions concerning immigration, visit the International Immigrants Foundation in the Immigrant Building: 7 West 44 Street, Manhattan, N.Y. or call (212) 302-2222.
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