The slowness in the resolution of immigration cases in the United States courts It can affect thousands of individuals who are immersed in legal processes. Various factors contribute to bottlenecks, from lack of resources to the intrinsic complexity of processes. Therefore, here we tell you how to know if your case is one of them.
In November 2023, The number of more than 3 million cases pending in immigration courts showed the lack of resources and the overload of the system. Syracuse University's Transactional Records Access Clearinghouse (TRAC), which has tracked cases pending in U.S. immigration courts since 2008, reported that the number of pending cases represents a 14.7 percent increase over to the previous year.
The complexity of cases, especially those related to asylum, contributes to the long resolution time. In addition, the workload of judges, with more than 4,500 pending cases on average, makes individualized attention and timely decisions difficult.
Asylum cases, requiring a thorough investigation of the applicant's circumstances, are especially prone to lengthy resolution periods. The need to prove a well-founded fear of persecution in the country of origin adds complexity and delay.
Deportation cases: extensive hearings and arguments
deportation cases, especially when the decision is challenged, can be prolonged due to the need to hold hearings to hear arguments from both sides before reaching a resolution. Likewise, rejected immigration cases can be appealed to the immigration appeals court, prolonging the process for several years.
The jam of immigration cases has significant consequences for those involved. Asylum seekers face the prospect of waiting years to learn their status in the United States, while those subject to deportation live with the uncertainty of their future.
The United States government has taken some steps to address this challenge. By announcing the hiring of more immigration judges, the Justice Department seeks to ease the workload. However, it is recognized that continued efforts will be needed to fully resolve the issue.
(We also recommend: These are the requirements to apply for a free visa to the United States in 2024)
The uncertainty of waiting years affects applicants and deportees
How to know if your case is stuck in the US Court: steps to follow
To determine if your case is stuck, you can use EOIR Automated Case Information:
- Access the EOIR Automated Case Reporting website.
- Enter your A number and date of birth.
- Click “Search.”
If your case is marked “Pending” or “Adjourned,” you could be stuck. Other signs include a lack of court activity or notifications for an extended period.
Please review your case frequently as information is updated regularly. Compare your case with similar ones, if others are moving faster it could indicate stagnation. It is recommended to contact your lawyer, as legal professionals can evaluate whether your case is stuck and define what actions to take.
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