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Self-Representation in Immigration Cases
For most people not in the business of immigration law practice, the New York Immigrant Representation report, which was published in the Cardozo Law Review, is an eye-opener into the world of deportation proceedings. A number of the issues the report addresses are the impact of the transfer of detained immigrants to far off jurisdictions on the immigrants' capability to hire immigration counsel, inadequate legal representation, high bond amounts, along with a high number of self-represented non-citizens.
The number of foreign nationals representing themselves in immigration courts is appalling. (Unlike in criminal proceedings, non-citizens are not entitled to an appointed attorney in deportation proceedings.) According to the report, in New york, 60 percent of detained immigrants and 27 percent of non-detained immigrants don't have the benefit of an immigration attorney's expertise during the removal process.
The research only looks at removal, or deportation, cases that can come before immigration judges. This doesn't address the number of individuals who seek immigration benefits from the U.S. Citizenship and Immigration Services or Consular Offices abroad where an unsuccessful outcome can break the person's life as seriously as a removal from the country. Is inability to unite with one's spouse in the usa less hurtful than separation with one's spouse because of a deportation order? Nevertheless, more and more applicants handle immigration petitions by themselves. The above study finds that, between 2000 and 2010, the number of unrepresented individuals has doubled.
Some foreigners dive into the maze of immigration law and procedure on their own because they cannot afford hiring immigration lawyers; others made a decision to represent themselves simply because they believe they can handle it. The deceitfully simple immigration forms lure many pro se applicants into trouble. Some mistakes, including those involving strategy and presentation of evidence, may not be corrected.
We all know about the benefits of hiring professionals to deal with our problems, be it an electrician to repair a shorted wire, a clinical doctor to treat a fitness issue, or an attorney to eliminate a legal trouble. The New York study confirms the value of professional services: immigrants who had been placed in deportation and who hired an deportation attorney had successful outcome in 67 percent of cases; those who represented themselves were successful in just eight percent of cases. This data shows the significance of informing non-citizen applicants in regards to the benefits of employing licensed professionals to assist them with immigration petitions.
deportation cases
