If REAL ID act passes what are they going to do with pending asylum applications? If an asylum seeker has recommended approval and the final decision was not made before REAL ID becomes law (my aunt's case) will they require additional "corraborative evidences" or will they conduct reinterview. I mean, will the rules of the new law apply to pending cases to make final decisions..
REAL ID and pendind asylum application
- Thread starter Hhemc
- Start date
My friend had a hearing yesterday. The judge told her that the official verdict will be announced in the middle of June, but she also told her that she's going to grant her an asylum. I hope the new law will not change anything for her, and she won't have to go through all the stress again.
TortFeasor
Registered Users (C)
Effective dates
If the Real ID Act is made into law, the following are the various effective dates for the provisions dealing with asylum. I have put explanations and comments in CAPS. This is from Section 101(g) of the draft bill passed by the House:
(g) Effective Dates-
(1) The amendments made by paragraphs (1) and (2) of subsection (a) [MINOR CORRECTIONS TO TAKE ACCOUNT OF THE FORMATION OF HOMELAND SECURITY] shall take effect as if enacted on March 1, 2003.
(2) The amendments made by subsections (a)(3), (b), and (c) [NEW BURDEN OF PROOF AND EVIDENTIARY REQUIREMENTS ON APPLICANTS FOR ASYLUM OR OTHER RELIEF] shall take effect on the date of the enactment of this Act and shall apply to applications for asylum, withholding, or other removal made on or after such date. [THEREFORE IT IS NOT TECHNICALLY RETROACTIVE TO PENDING CASES] [A SIDE COMMENT -DUE TO THE PUSH BY THE XENOPHOBIC CROWD, IT WILL NOT BE SURPRISING IF THE ADJUDICATORS TRY TO IMPOSE THESE ON PENDING CASES - PLEASE FORWARD ALL INTERPRETATIVE QUESTIONS TO THE RESIDENT XENOPHOBE, HAMPTON8844, SOME OF YOU MAY EVEN PLEAD TO VOLUNTARILY HAVE YOUR ALREADY DECIDED AND ADJUSTED CASES REVIEWED UNDER THE NEW RULES!]
(3) The amendment made by subsection (d) [DENIAL OF JUDICIAL REVIEW FOR DEPORTATION/REMOVAL DECISIONS BY THE INS OR IMMIGRATION COURT] shall take effect on the date of the enactment of this Act and shall apply to all cases in which the final administrative removal order is or was issued before, on, or after such date. [THUS RETROACTIVELY WILL APPLY TO DECISIONS THAT WERE MADE BEFORE THE BILL BECOMES LAW]
(4) The amendments made by subsection (e) [ EXERCISE OF DISCRETION ] shall take effect on the date of the enactment of this Act and shall apply to all cases pending before any court on or after such date.
(5) The amendments made by subsection (f) [CAP REMOVAL] shall take effect on the date of the enactment of this Act.
Hope this helps
Cheerio
If the Real ID Act is made into law, the following are the various effective dates for the provisions dealing with asylum. I have put explanations and comments in CAPS. This is from Section 101(g) of the draft bill passed by the House:
(g) Effective Dates-
(1) The amendments made by paragraphs (1) and (2) of subsection (a) [MINOR CORRECTIONS TO TAKE ACCOUNT OF THE FORMATION OF HOMELAND SECURITY] shall take effect as if enacted on March 1, 2003.
(2) The amendments made by subsections (a)(3), (b), and (c) [NEW BURDEN OF PROOF AND EVIDENTIARY REQUIREMENTS ON APPLICANTS FOR ASYLUM OR OTHER RELIEF] shall take effect on the date of the enactment of this Act and shall apply to applications for asylum, withholding, or other removal made on or after such date. [THEREFORE IT IS NOT TECHNICALLY RETROACTIVE TO PENDING CASES] [A SIDE COMMENT -DUE TO THE PUSH BY THE XENOPHOBIC CROWD, IT WILL NOT BE SURPRISING IF THE ADJUDICATORS TRY TO IMPOSE THESE ON PENDING CASES - PLEASE FORWARD ALL INTERPRETATIVE QUESTIONS TO THE RESIDENT XENOPHOBE, HAMPTON8844, SOME OF YOU MAY EVEN PLEAD TO VOLUNTARILY HAVE YOUR ALREADY DECIDED AND ADJUSTED CASES REVIEWED UNDER THE NEW RULES!]
(3) The amendment made by subsection (d) [DENIAL OF JUDICIAL REVIEW FOR DEPORTATION/REMOVAL DECISIONS BY THE INS OR IMMIGRATION COURT] shall take effect on the date of the enactment of this Act and shall apply to all cases in which the final administrative removal order is or was issued before, on, or after such date. [THUS RETROACTIVELY WILL APPLY TO DECISIONS THAT WERE MADE BEFORE THE BILL BECOMES LAW]
(4) The amendments made by subsection (e) [ EXERCISE OF DISCRETION ] shall take effect on the date of the enactment of this Act and shall apply to all cases pending before any court on or after such date.
(5) The amendments made by subsection (f) [CAP REMOVAL] shall take effect on the date of the enactment of this Act.
Hope this helps
Cheerio
Hhemc said:
hampton8844
Registered Users (C)
jw1951 said:
No. This issue is not being addressed at all.
And the current wait for a formal asylum grant is about ten years.
A number of right to life groups do plan to lobby on this issue later this yea though.
Hope this helps.
TortFeasor
Registered Users (C)
I do not know
I am not sure. I can not imagine why not. On the other hand the sub-category for those asylum applicants may follow a different granting process. I do not practice immigration law so I suggest you talk to an immigration lawyer after all the rock and roll subsides.
Of course, you may always pose the question in confidence to another forum member who has represented to us that he has an insider track to the legislators
Cheerio
I am not sure. I can not imagine why not. On the other hand the sub-category for those asylum applicants may follow a different granting process. I do not practice immigration law so I suggest you talk to an immigration lawyer after all the rock and roll subsides.
Of course, you may always pose the question in confidence to another forum member who has represented to us that he has an insider track to the legislators
Cheerio
jw1951 said:
TortFeasor
Registered Users (C)
Maybe
As written, the new standards should only apply to new applications, unless one is affected by the judicial review language regarding final order of deportations. But you cannot discount the influence these standards will have on open cases, specially those that will not be adjudicated for few more months (and even years in some IJ situations).
Herr Ashcroft, would you care to further elucidate with your know-how on the workings of our government?
As written, the new standards should only apply to new applications, unless one is affected by the judicial review language regarding final order of deportations. But you cannot discount the influence these standards will have on open cases, specially those that will not be adjudicated for few more months (and even years in some IJ situations).
Herr Ashcroft, would you care to further elucidate with your know-how on the workings of our government?
DR2000 said: