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Yet another day in court

Yet another day in court

Old Aug 18th 2011, 6:17 am
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Default Yet another day in court

So, it's time yet again to spend another day in court to fight our war of attrition!

With logic only the bureaucrats could fathom, our perfectly good 485 trial date on Friday has been reset to a master hearing (to set a new date for what we can only presume will be the 485 trial) for today. Apparently, this change of schedule is to help clear the backlog of cases from the overburdened Atlanta immigration courts. Hence, our case becomes even further backlogged, when it could have been permanently cleared on Friday, we get yet another court appearance totry our 485 some time in the future.

Perhaps this time it might be set for a trial less than the year and a half later that the last one was set for.

Methinks, can't help but wonder aloud, that the clearing of backlogs will simply be from the ones that "go away" due to various dynamics.

What a joyful process.

This is one more example of why anyone considering adjusting status from an overstay, should carefully examine their options before playing their hand.

Cheers!
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Old Aug 18th 2011, 2:33 pm
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Default Re: Yet another day in court

Originally Posted by country_canuck View Post
So, it's time yet again to spend another day in court to fight our war of attrition!

With logic only the bureaucrats could fathom, our perfectly good 485 trial date on Friday has been reset to a master hearing (to set a new date for what we can only presume will be the 485 trial) for today. Apparently, this change of schedule is to help clear the backlog of cases from the overburdened Atlanta immigration courts. Hence, our case becomes even further backlogged, when it could have been permanently cleared on Friday, we get yet another court appearance totry our 485 some time in the future.

Perhaps this time it might be set for a trial less than the year and a half later that the last one was set for.

Methinks, can't help but wonder aloud, that the clearing of backlogs will simply be from the ones that "go away" due to various dynamics.

What a joyful process.

This is one more example of why anyone considering adjusting status from an overstay, should carefully examine their options before playing their hand.

Cheers!
BTW, the current Chief District Counsel in LA is being kicked upstairs, so to speak. He might be in a position to institute the reforms nationwide which he did here in LA. Perhaps termination might be in the cards.

BTW, I am finishing up a "MTR" for another attorney on a 1998 removal order from an IJ From Hell. It turns out that the prior attorney failed to cite the subsequent court of appeals decisions from 2006, 2007 and two from 2008 where the IJ had his head handed back on a platter. The prior attorney in 1998 failed to cite the subsequent decisions to argue "pattern and practice." What is general knowledge of the bar will not support a pattern and practice claim. But we now have more than that. It'll be interesting.

Last edited by S Folinsky; Aug 18th 2011 at 2:38 pm.
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Old Aug 18th 2011, 7:26 pm
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Default Re: Yet another day in court

Hey, so we sat and waited and waited and sat in the corridor because the courtroom was so tiny. Finally we get to sit in the courtroom and watch a couple of other master hearings. A couple who were at our last two master hearings were there as well. They went first and had their new trial date set (they were originally set for a trial today) for August 2nd of next year. My heart sank. Then a couple more cases and we were at late October 2012… my heart sank even more.

Finally we are up and the new judge actually smiled and laughed as I entered my name, it's unusual but she actually got it right. Nice judge, new, fresh crossover from the defense side. Lucky us!

My attorney had the foresight to mention that we actually had a trial originally set for tomorrow and asked if there was room on her calendar to help us along. She scheduled us for December 5th, of this year! Lucky us! The way it was going it was starting to look like yet another year and a half wait!

Of course, if somebody had suggested yeterday that a new trial date would be set 3 or 4 months down the road, I would hav replied ughhh!!!! Funny how your perspective can change.

So, we are feeling fortunate and hopeful once again that there will soon be a light at the end of this tunnel.

Cheers!
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Old Aug 18th 2011, 7:51 pm
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Default Re: Yet another day in court

Good luck to you.
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Old Dec 25th 2011, 1:02 am
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Default Re: Yet another day in court

We were only a couple miles away from the courthouse, an hour early for our merits (485 trial) and my attorney calls…. "Don't bother showing up, the judge wrecked her Harley on the way in and is in the hospital."

She was banged up pretty well but back to work and we were thinking maybe a couple months tops before we were back in court. I'm glad she is alright as she seems to be a very good judge and nice person.

So, today, on Christmas Eve, which should have been my first Christmas as a legal permanent resident, I receive word that our next merits hearing (485 trial) will be in June... Of 2013! A year and a half away.

Major bummer. My EAD expires early next month and of course we did not bother renewing it 3 months ago since we fully expected green card approval in late august and then again early December. So, no work authorization, no drivers licence until that renewal gets processed maybe in February, probably March. I have a great job, am general manager of a small but very fast growing company, responsible for 12 employees. My employer is going to freak as they won't be able to replace me on such short notice.

What really would be the danger of me continuing to work during a short lapse in EAD? Driving of course, is a huge risk unlicensed and I'm not sure how I can get over that hurdle, but i can find a way to get there, it's only a few miles to work.

I just can't believe how long we have to wait for what really would only be 15-30 minutes in court.

Oh well! Merry Christmas y'all!
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Old Dec 25th 2011, 3:33 am
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Default Re: Yet another day in court

Originally Posted by country_canuck View Post
What really would be the danger of me continuing to work during a short lapse in EAD?
If you continue working without authorization, there's not really much danger to you. USCIS usually forgives unauthorized work if you have an AOS going on.

The danger would be to your employer...he would face a fine (not sure how much) if he's caught employing someone without authorization. So the risk is his, really.

Rene
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Old Dec 25th 2011, 5:50 pm
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Default Re: Yet another day in court

From what I recall about your case, I am wondering why "prosecutorial discretion" has not been exercised in your behalf. Perhaps a "motion to advance" might be in order.
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Old Dec 25th 2011, 5:56 pm
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Default Re: Yet another day in court

Originally Posted by S Folinsky View Post
From what I recall about your case, I am wondering why "prosecutorial discretion" has not been exercised in your behalf. Perhaps a "motion to advance" might be in order.
Waiver for a CIMT when I was 15, 36 years ago?
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Old Jan 12th 2012, 3:45 am
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Default Re: Yet another day in court

Finally! A break! Our June 2013 AOS trial has been rescheduled... To an earlier date! In 2 weeks.

Yay!
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Old Jan 12th 2012, 12:26 pm
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Default Re: Yet another day in court

Yes, yes, yes. Crossing all digits for you and the mrs that this trial is not postponed and you are successful in your quest for residency.
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Old Jan 12th 2012, 2:55 pm
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Default Re: Yet another day in court

Originally Posted by Rete View Post
Yes, yes, yes. Crossing all digits for you and the mrs that this trial is not postponed and you are successful in your quest for residency.
Thanks! We got lucky! Great work by our attorney.
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Old Jan 12th 2012, 4:01 pm
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Default Re: Yet another day in court

Hope the judge is recuperated from her motorcycle accident.
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Old Jan 12th 2012, 6:14 pm
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Default Re: Yet another day in court

Originally Posted by country_canuck View Post
Thanks! We got lucky! Great work by our attorney.
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Old Jan 26th 2012, 2:32 am
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Default Re: Yet another day in court

Hopefully tomorrow morning will be our last day in limbo! Wish me luck, good karma and success!
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Old Jan 26th 2012, 3:44 am
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Default Re: Yet another day in court

Originally Posted by country_canuck View Post
Hopefully tomorrow morning will be our last day in limbo! Wish me luck, good karma and success!
Done! Good luck!
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