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New York Appeals Court Revises Immigration Case Methods

Mon, Oct 22 8:58 AM

The U.S. appeals court in New York recently revised its protocol for immigration cases.The U.S. appeals court in New York recently revised its methods for handling immigration cases. The change was made to help move immigration cases in which individuals are not likely to be deported off the docket more quickly.

The United States changed a policy in 2011, raising the threshold for determining which deportation cases should be given priority over others. The government wishes to focus more on cases involving undocumented individuals with criminal records and spend less time on cases involving lawful citizens who have lived in the United States for years, the source reported.

The 2nd U.S. Circuit Court of Appeals has had an overload of cases in which suspected undocumented immigrants sought to challenge their deportation orders. To handle the demand for the court's time and resources, the court mandated that all pending immigration cases be postponed for 90 days to allow both the person filing the appeal and the government to verify whether or not the case is worth pursuing, Basil Katz explained in a recent Thomson Reuters article.

During the three-month period, the appeals court hopes that both parties will be able to agree whether the case needs to be heard by the 2nd Circuit Court or if it can be settled by the Board of Immigration Appeals.

“As we have previously observed, it is wasteful to commit judicial resources to immigration cases when circumstances suggest that, if the government prevails, it is unlikely to promptly affect the petitioner’s removal,” the 2nd Circuit Court said in a written opinion, Thomson Reuters reported.

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