Published Tuesday | March 25, 2008
Local court will improve access to immigration judges
BY JOSEPH MORTON
WORLD-HERALD BUREAU



WASHINGTON - A new court that could speed up the handling of hundreds of immigration cases in Nebraska and Iowa is on track to open in Omaha this fall, nearly a year later than originally planned.

Its opening was delayed by budget constraints and the need to find space for the new court, Justice Department spokesman Charles Miller said Monday.

The immigration court was supposed to start hearing cases by the end of 2007. It's now slated to open in September, with two judges hearing cases, Miller said.

It will be at 1717 Ave. H. That building, off Abbott Drive, already houses other federal offices.

The 54 U.S. immigration courts nationwide handle deportation proceedings, residency status reviews and requests for political asylum.

Nebraska sees more than 2,000 new immigration cases filed every year, consistently ranking it No. 3 among states that lack an immigration court. The high caseload prompted the Justice Department's decision to open a court in Omaha.

"It behooves the government to accommodate the individuals going before the court," Miller said.

Two other new immigration courts that were announced last year, in Missouri and North Carolina, also were delayed and are set to open this fall.

Having an immigration court in Omaha will bring a number of benefits, said local immigration attorney Amy Peck. Most cases now are heard by a judge in Chicago via videoconference.

It's difficult for the judge to make out facial expressions or to see that a respondent is crying or trembling with emotion, Peck said.

"Some of the subtleties of the proceeding are lost," she said.

A person seeking asylum, for example, might bear physical scars that the judge is unable to observe.

Having an Omaha court will spare attorneys from having to ship materials to Chicago. It also will make it easier to get an emergency hearing.

The high caseload means that some cases can drag on for years, Peck said.

Long waits can be a hardship, especially for those who are under mandatory detention or can't raise the bail to be released from custody.

On the other hand, for the many people who remain free while waiting for their cases to be resolved, a long wait isn't such a bad thing. They can spend more time with their families or earn more money.

"Sometimes those long dockets are helpful if you're not in a hurry to try a case," Peck said.

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