Legal Orientation
Programs |
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Since 2003, EOIR has carried out
the Legal Orientation Program (LOP) to improve judicial efficiency and
assist all parties in detained removal proceedings - detained aliens,
the immigration court, Immigration and Customs Enforcement (ICE) and the
detention facility. Experience has shown that detained individuals make
wiser decisions and are more likely to obtain representation, non-profit
organizations reach a wider audience of people with minimal resources, and
cases are more likely to be completed faster, resulting in fewer court
hearings and less time spent in detention.
Through the LOP, representatives
from nonprofit organizations provide comprehensive explanations about
immigration court procedures along with other basic legal information to
large groups of detained individuals. The orientations are normally comprised
of three components: 1) the interactive group orientation, which is open to
general questions; 2) the individual orientation, where non-represented
individuals can briefly discuss their cases with experienced counselors;
and 3) the referral/self-help component, where those with potential relief,
or those who wish to voluntarily depart the country or request removal are
referred to pro bono counsel, or given self-help legal materials and basic
training through group workshops, where appropriate.
In Fiscal Year
2006 Congress appropriated additional funds for the
LOP program enabling EOIR to expand the LOP further. Current sites: Eloy,
Arizona; Lancaster, California; Aurora, Colorado; Hudson County Jail, New
Jersey and Middlesex County Jail, New Jersey; Batavia, New York; York, Pennsylvania; El Paso, Texas; Houston, Texas; Pearsall, Texas;
Port Isabel, Texas; San Antonio, Texas;
Tacoma, Washington; and San Diego, California.
In January of 2001, the Pro
Bono Program, in conjunction with the BIA Clerk's Office, implemented
the Board of Immigration Appeals (BIA) Pro Bono Project (the "Project")
to increase pro bono representation initially for individuals detained by the
U.S. Immigration and Customs Enforcement (ICE) with immigration cases
under appeal. The Project was developed between EOIR and several
non-governmental organizations, including the Catholic Legal Immigration
Network, Inc., the Capital Area Immigrants' Rights Coalition, the National
Immigration Project of the National Lawyers Guild, and the American Immigration
Law Foundation. Since its start, the Project has succeeded in securing pro
bono counsel for over 450 aliens around the country - individuals who
would not have otherwise been represented by counsel.
Immigrants in removal proceedings are not entitled to publicly-funded legal
assistance, and thus, many appear before the Immigration Courts and BIA
without legal counsel. Agencies that provide legal services to immigrants
normally face great obstacles in identifying, locating, and communicating
with unrepresented individuals in time to write and file an
appeal brief.
Under the Project, EOIR assists in
identifying certain cases based upon criteria determined by the partnering volunteer
groups. Once cases are identified and reviewed, their summaries are then distributed
via e-mail to pro bono representatives anywhere in the United States. Volunteers who
accept a case under the Project receive a copy of the file, as well as additional time
to file the appeal brief.
Legal representation in many of these cases has
had a meaningful impact. Since attorneys or accredited representatives usually identify
and argue the issues better on appeal, immigrants with meritorious cases have a greater
chance of success. Representation also reduces procedural errors and enables the BIA to
provide a more effective and timely case review.
An evaluation performed by the BIA in October, 2004,
concluded that the Project was successful in meeting its original goals of increasing the
level and quality of pro bono representation before the Board. To read the full evaluation, go
to:
http://www.usdoj.gov/eoir/reports/BIAProBonoProjectEvaluation.pdf.
For more information on the BIA Pro Bono Project,
please contact the CLINIC Project Coordinator, Ann Atalla, at: aatalla@cliniclegal.org, (202) 756-5537, or Steven Lang,
Coordinator, Legal Orientation and Pro Bono Program, at: Steven.Lang@usdoj.gov.
Unaccompanied Alien Children Initiative |
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Children in immigration
removal proceedings, who are unaccompanied by a family member or legal guardian,
are of special concern to EOIR. The Legal Orientation and Pro Bono Program is working with national
non-profit agencies and the Division for Unaccompanied Children''s Services at the
Office of Refugee Resettlement to improve legal services for these children through
new pro bono outreach programs.
The Model Hearing Program is an educational
program developed by the Legal Orientation and Pro Bono Program to improve the quality of advocacy before the
court, as well as increase levels of pro bono representation. Model Hearings consist of
small-scale ‘mock' trial training sessions held in the immigration court and presented
by volunteer immigration judges. The training sessions, carried out in cooperation with
partnering bar associations and/or pro bono agencies, provide practical and relevant
‘hands-on' immigration court training to small groups of attorneys/law students with an
emphasis on practice, procedure and advocacy skills. Participants receive training
materials and CLE credit, and commit to a minimal level of pro bono representation
throughout the year. Since June of 2001, over 30 Model Hearing training sessions were
held in immigration courts across the country.
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