Thursday, April 1, 2010

Immigration Court - professional and unhurried

Yesterday I attended a court hearing for a young African man being held in the immigration detention center at the McHenry County Jail. I learned of the court date the day before at 5:30PM, and then only through a pro bono legal service in the Chicago Loop that was considering taking on his case.

When I arrived, I spotted a form on a counter for lawyers and other legal representatives to fill out. Not being bashful about identifying myself, I completed the section that allowed a non-lawyer to "represent" this individual, and I presented the form to the judge's clerk. I also gave her a letter I had prepared in this matter.

Before the starting time of the court, the clerk informed me that the judge would permit me to speak on this individual's behalf, and I was ushered into the small courtroom. And his case was called first, even though there was at least one attorney waiting.

The African man attended by video-conference. Also, his landlady was present in court and the college administrator for the International Student Program was there; however, they were not allowed to speak at any length.

The judge was great. She clarified that I could speak on his behalf but, since I am not a lawyer, I would not be able to argue any point of law. The judge had a report, apparently from the I.C.E. agent who picked up the detainee, and the judge referred to the period of his non-attendance in college as from January 7, 2009, to February 10, 2010. The problem? He attended the college from January 2009 until December 2009. He only got out-of-status on his student visa in January. The College administrator was perplexed that he was picked up so quickly.

The judge set the next court date for April 21, 2010, and she set a $3,500 bond. The money is being wired, and the young man should be released from custody tomorrow (Friday). By that time of his April 21st court date he will have all the paperwork done for his reinstatement at the community college and also for I.C.E.

The court hearing was conducted professionally and without hurry. The judge was careful to ask whether the detainee understood what was being said and what was happening in court. He speaks good English, French, German and Fon.

So it's back downtown tomorrow morning to bond him out.

No comments: