Thread: Immigrants transferred from LA to Texas have court cases by

Immigrants transferred from LA to Texas have court cases by video
The Associated Press
Article Launched: 01/30/2008 12:20:20 AM PST


LOS ANGELES—Hundreds of illegal immigrants who were transferred from the San Pedro detention facility late last year to one in Texas are having their cases heard by video conference.
Immigration attorneys said the change of venue combined with video hearings hurts the detainees' chances of winning their immigration cases, including those seeking asylum.

"What is crucial in presenting these types of cases, where people are fighting to stay in the U.S., is to be in a place where your relatives and witnesses can testify," said Marc Van Der Hout, a San Francisco immigration attorney. "If you live in Los Angeles and are shipped to Texas, your chance of winning your case has decreased by 99 percent."

Others said at the very least videoconference hearings should have been sought with immigration judges in Los Angeles.

"To change the venue of these cases but then be giving individuals videoconference hearings doesn't make sense," said Judy Rabinovitz, a senior attorney with the ACLU's Immigrant's Rights Project in New York. "The federal government has a lot of explaining to do as to why they requested the change of venue."

Congress approved videoconference hearings in 1996 as a way to help overwhelmed immigration courts.

San Pedro was shut down unexpectedly for repairs in October. A majority of the more than 400 detainees were sent to the South Texas Correctional Facility.

Shortly after the closure, federal officials tried to move


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detainees' cases out of Los Angeles immigration courts and into other courts around the nation.
Virginia Kice, a spokeswoman for Immigration and Customs Enforcement, said venue changes were necessary to ensure timely hearings.

"ICE sought change of venue in the vast majority of the pending San Pedro cases because our attorneys believed that was the appropriate action," Kice said. "The aliens' attorneys can oppose those changes of venue and request a hearing using video teleconference technology. Ultimately, the final decision rests with the courts."

Neils Frenzen, who runs USC Law School's immigration clinic, said government attorneys are ignoring judge's rulings against the venue changes.

Frenzen said immigration officials lost their bid to move his client's case to South Texas, but then refused to bring the immigrant back to California.

"What ICE has done is file a second round of motions to change venue," Frenzen said. "To suggest the government filed the motions but it is the immigration judges who decides is ridiculous."

Unlike criminal defendants, immigrants are not entitled to an attorney. Nearly 65 percent of the 308 San Pedro detainees who had their court venues changed have no legal help, according to the Department of Justice.

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Information from: Daily Journal
http://www.mercurynews.com/breakingnews ... ck_check=1

"What is crucial in presenting these types of cases, where people are fighting to stay in the U.S., is to be in a place where your relatives and witnesses can testify," said Marc Van Der Hout, a San Francisco immigration attorney.

No! What is crucial is to demonstrate that you are in this country by invitation and legally. What should matter is the law. There are 20 million stories why it is OK to violate our law and none mean anything nor should they.