Kaitlin KalnaDarwal, CA 260273Non-detained

Centro Legal de la Raza

3400 E. 12th Street

Oakland, CA 94601

Telephone: (xxx) xxx-xxxx

Facsimile: (xxx) xxxx-xxxx

Email:

Pro bono Counsel for Respondent(s)

*****

*****

UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

IMMIGRATION Court

SAN FRANCISCO, CALIFORNIA

In the Matter of:
**** and ***
Respondents,
In Removal Proceedings. / Numbers: A****
A***
Hearing Date:****, 2018
Hearing Time:9:00 a.m.
Before Hon.***

RESPONDENTS’UNOPPOSEDMOTION TO ADVANCE INDIVIDUAL CALENDAR HEARING OR IN THE ALTERNATIVE MOTION TO SET INDIVIDUAL CALENDAR HEARING

COMES NOW, Respondent(s)*** and ****(“Respondents”), by and through the

undersigned counsel and hereby move this court to advance theirMaster Calendar

Hearing, currently set for ***, 2020 at 9:00 a.m., to the earliest date possible or in the alternative set the case for an Individual Calendar Hearing.Respondent(s) submit that there is good cause for the motion. Respondent includes written pleadings with this motion as well as Form I-589, Application for Asylum, Withholding of Removal, and protection under the Convention Against Torture. The Department of Homeland Security (“DHS”) does not oppose/opposes the instant motions.

  1. STATEMENT OF FACTS AND PROCEDURAL HISTORY

On or about ***, 2014, Ms. *** and her son entered the United States in San Ysidro, California and asked for protection at the immigration checkpoint. DHS issued a Notice to Appear (“NTA”) in Ms. *** and her son’s case, charging them as removable pursuant to Immigration and Nationality Act (“INA”) § 212(a)(7)(A)(i)(I).

On October 15, 2015, Ms. *** and undersigned counsel appeared at her Master Calendar hearing before this Court. Ms. ***, through undersigned counsel, conceded proper service of the NTA, admitted the factual allegations and conceded the charges of removability on the NTA. Ms. ***declined to designate a country of removability, and this Court designated Mexico as the country of removability. Ms. ***, through undersigned counsel, filed her Form I-589, application for asylum, withholding of removal, and protection under CAT along with initial supporting documents. Ms. *** requested an expedited hearing, and an individual calendar hearing was set for July ***, 2016.

Shortly before the individual calendar hearing, the office of the undersigned counsel received notice that the individual hearing was cancelled. On September 1, 2016, the court informed the office of undersigned counsel that the hearing has been rescheduled to***, 2018 at 9:00 a.m.

  1. ARGUMENT

Pursuant to 8 C.F.R. §1003.18 the Immigration Court is responsible “for scheduling cases and providing notice to the government and the alien of the time, place, and date of hearings.” Furthermore, according to EOIR Operating Policies and Procedures Memorandum 08-01 (“OPPM 08-01”), in regards to pro bono representation, “judges should be flexible and are encouraged to accommodate appropriate requests for a continuance or to advance a hearing date.” EOIR OPPM 08-01 “Guidelines for Facilitating Pro Bono Representation”, David L. Neal, Chief Immigration Judge, March 10, 2008.

There is good cause in this case to support advancing Respondents’Master Calendar Hearing or in the alternative Motion to set an Individual Calendar Hearingdue to lead Respondent’s debilitatingmental and physical health. Lead Respondent was diagnosed with Major Depressive Disorder and Posttraumatic Stress Disorder. SeeExh. C (Letter from Psychiatric Social Worker ***). A psychiatric social worker of San Mateo County Health System describes that Respondent reports feeling tearful on most days, and difficulty getting out of bed, lack of enjoyment in activities she used to enjoy, hypersomnia, feeling restless and loss of energy. Id. She experiences fear and reports recurrent and intrusive distressing recollections. Id. She reports intense psychological distress at exposure to internal or external cues that were related to aspect of her trauma. Id. She has further discussed with the undersigned counsel her severe distress to learn that her hearing has been postponed. SeeExh. A (Declaration of Kaitlin Kalna Darwal). In addition to her depression and posttraumatic stress disorder, Respondent has also been diagnosed with intractable localization-related epilepsy by Stanford University Medical Center. SeeExh. B (Copy of Respondent’s diagnosis of intractable localization-related epilepsy by Stanford University Medical Center).

The delay of their proceedings will negatively impact Respondents. The stress and uncertainty associated with such a delay can exacerbate lead Respondent’s health problems, which will also affect her young son as she is the primary caregiver for her son. Furthermore, advancement of Respondents’ hearing date is further warranted as undersigned counsel is providing pro bono representation. Undersigned counsel had Respondents’ case ready for the originally scheduled individual calendar hearing. Briefing and supporting documents had been submitted in support of Respondents’ application. Delay causes a burden as it will require an additional preparation of the case as years will have passed since the brief and supporting documents were submitted.As such, there is good cause to advance the IndividualCalendar hearing.

In the alternative, there is good cause to set this case to an Individual Calendar Hearing. Respondent has already filed her Form I-589. See Attached Exhibit A (Copy of filed Form I-589); Exhibit B (Copy of Receipt Notice for Form I-589). Respondents have included pleadings with the instant motion. Setting the case for an Individual Calendar Hearing as opposed to waiting for a Master Calendar Hearing would conserve judicial resources. In addition, setting an Individual Calendar Hearing would facilitate pro bono representation. EOIR OPPM 08-01 “Guidelines for Facilitating Pro Bono Representation”, David L. Neal, Chief Immigration Judge, March 10, 2008.

  1. WRITTEN PLEADINGS TO NOTICE TO APPEAR PURSUANT TO 8 C.F.R. SECTION 1240.10(c)

Respondent submits the following written pleadings to her Notice to Appear (“NTA”):

  1. Respondent concedes proper service of the NTA, dated ***;
  2. Respondent understands the rights set forth in 8 C.F.R. section 1240.10(a); the consequences of failing to appear in court as set forth in INA § 240(b)(5); the limitation on discretionary relief for failure to appear set forth in INA § 240(b)(7); the consequences of knowingly filing or making a frivolous application as set forth in INA § 208(d)(6); and the requirement to notify the court within five days of any change of address or telephone number, using Form EOIR-33/IC pursuant to 8 C.F.R. § 1003.15(d).
  3. Respondent admits that she is not a citizen or national of the United States and admits she is a native and citizen of El Salvador. Respondent arrived in the United States at or near Hidalgo, Texas on August 15, 2016. Respondent was not admitted or paroled after inspection by an immigration officer. Therefore, Respondent admits the factual allegations one through four to her NTA.
  4. Respondent concedes the sole charge under 212(a)(6)(A)(i) of the INA.
  5. Respondent respectfully declines to designate a country should removal become necessary.
  6. The Respondent is applying for asylum, withholding of removal, and protection under the Convention Against Torture.
  7. The Respondent will comply with biometric requirements and understands that, under 8 C.F.R. § 1003.47(d), failure to provide biometrics or other biographical information within the time allowed will constitute abandonment of the application unless the respondent demonstrates that such failure was the result of good cause.
  8. Respondent requests an expedited hearing.
  1. GOVERNMENT’S POSITION

On November 14, 2016, undersigned counsel emailed the duty attorney for the Office of Chief Counsel to request the government’s position on the instant motion. SeeExh. A. On November 15, 2016, Assistant Chief Counsel Kim B. Wong responded and indicated that the government does not have a position on the instant motion. Id.

  1. CONCLUSION

For the foregoing reasons Respondents respectfully requests that the Court advance theirMasterCalendar Hearing or in the alternative set an Individual Calendar Hearing.

Dated: November xx, 201XRespectfully submitted,

______

Kaitlin Kalna Darwal

Attorney for Respondents

UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

IMMIGRATION COURT

SAN FRANCISCO, CALIFORNIA

In the Matter of:

***** File No: A****

ORDER OF THE IMMIGRATION JUDGE

Upon consideration of Respondent’s UnopposedMotion to Advance Master Calendar Hearing, it is HEREBY ORDERED that the motion be □GRANTED □DENIEDbecause:

□DHS does not oppose the Motion.

□The Respondent does not oppose the Motion.

□A response to the Motion has not been filed with the Court.

□Good cause has been established for the Motion.

□The Court agrees with the reasons stated in the opposition to the Motion.

□The Motion is untimely per ______.

□ Other:

Deadlines:

□The application (s) for relief must be filed by ______.

□The respondent must comply with DHS biometrics instructions by ______.

______

Date****

Hon. Immigration Judge

Certificate of Service

This document was served by: [ ] Mail [ ] Personal Service

To: [ ] Alien [ ] Alien c/o Custodial Officer [ ] Alien’s Attorney/Rep [ ] DHS

Date: ______By: Court Staff ______

Attachments: [ ] EOIR-33 [ ] EOIR-28 [ ] Legal Services List[ ] Other

UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

IMMIGRATION COURT

SAN FRANCISCO, CALIFORNIA

In the Matter of:

***** File No: A****

ORDER OF THE IMMIGRATION JUDGE

Upon consideration of Respondent’s UnopposedMotion to Set Individual Calendar Hearing, it is HEREBY ORDERED that the motion be □GRANTED □DENIEDbecause:

□DHS does not oppose the Motion.

□The Respondent does not oppose the Motion.

□A response to the Motion has not been filed with the Court.

□Good cause has been established for the Motion.

□The Court agrees with the reasons stated in the opposition to the Motion.

□The Motion is untimely per ______.

□ Other:

Deadlines:

□The application (s) for relief must be filed by ______.

□The respondent must comply with DHS biometrics instructions by ______.

______

Date****

Hon. Immigration Judge

Certificate of Service

This document was served by: [ ] Mail [ ] Personal Service

To: [ ] Alien [ ] Alien c/o Custodial Officer [ ] Alien’s Attorney/Rep [ ] DHS

Date: ______By: Court Staff ______

Attachments: [ ] EOIR-33 [ ] EOIR-28 [ ] Legal Services List[ ] Other

PROOF OF SERVICE

I, ____, herby certify that I have served a copy of the Respondent’s Unopposed Motion to Advance Master Calendar Hearing or in the Alternative Motion to Set Individual Calendar Hearing to the Department of Homeland Security, Office of the Chief Counsel, located at 100 Montgomery Street, Suite 200, San Francisco, CA 94104.

Date:

Signature

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