Under current federal immigration law, there is a one-year deadline in
which an individual can apply for asylum in the United States. This deadline
begins to run as soon as the individual enters the country. If the individual
misses the deadline, then he or she is ineligible for
asylum, with only a few exceptions. One of the biggest problems with this deadline
is that immigrants are not aware of it, and immigration officials do not
tell immigrants about the deadline. The large backlog in immigration courts
also contributes to the problem, as immigrants must apply for asylum in
open court, which is a bureaucratic barrier to seeking asylum in itself.
The larger problem with this requirement is that many immigrants don’t
even have a court hearing scheduled until after the one-year deadline
has passed. Due to these barriers, immigrants often miss the one-year
asylum deadline, leaving them with no recourse and facing deportation.
On June 30, 2016, four individuals seeking asylum from Mexico, Honduras,
Guatemala, and the Dominican Republic, filed a class action lawsuit challenging
the one-year asylum deadline in the District Court for the Western District
of Washington. More specifically, the suit challenges the failure of the
Department of Homeland Security (DHS) to advise immigrants of the one-year
asylum deadline, as well as their failure to adopt procedures ensuring
that immigrants are able to file for asylum prior to the deadline. Essentially,
the plaintiffs allege that due to the government’s procedures with
respect to asylum, individuals become ineligible for asylum and may very
well be deported to the countries from which they fled due to persecution.
Individuals who believe that they qualify for asylum or have another valid
deportation defense need an experienced California immigration lawyer
who can assist them with this often-complex process. At
Landerholm Immigration, A.P.C., we know how to stand up for the rights of those who are legally entitled
to remain in the U.S.
Call us today
at (510) 756-4468 and schedule an appointment with one of our deportation
defense lawyers, and learn how we can assist you.
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