Jan 13, 2025
LEXINGTON, Ky. (ABC 36 NEWS NOW) — The state of Kentucky recently saw its latest winter storm with frigid temperatures, snow, ice and rain. In the midst of a state of emergency, some offices closed while others lost power. As the city worked diligently to clear major roadways, among those who lost power, is immigration attorney Heather Hadi. One of her biggest worries last week was a particular case that required her client to show up to court, but because of inclement weather that would not be a possibility. Hadi filed a motion for her client, but it was denied by the judge. “The weather is outside of my client’s control, its outside of my control, its outside of the immigration court’s control,” says Lexington Immigration Attorney, Heather Hadi, who is frustrated with the lack of empathy one of her clients received recently in the midst of a winter storm. “This particular client has an asylum case. They fear death or torture if they are to be returned home. But now because of this, they will probably be required to return home. So we just need a little bit of empathy and, you know, humanization from these immigration judges,” she adds. Hadi says her office lost power and no one could return to the office. Adding that the response from the judge overseeing this client’s case was surprising, knowing Kentucky was under a state of emergency. “Unfortunately, we’re seeing a specific Memphis Immigration Judge, Judge [Kelly] Johnson, denying these motions, stating that there has been no good cause given, even with proof of the weather. My client is in a very, very rural area,” added Hadi. She also says the response from the judge was concerning and alarming, knowing the situation in the state. I am worried about not just my client’s safety, but if they’re denying my motion, I wonder how many other immigration advocates and attorneys who are trying to keep their clients and themselves safe have also found this issue, at least with the Memphis immigration court. 2:25 ABC 36 News Now reached out to the Executive Office for Immigration Review for a response, they say in part, “The standard for continuing a case is “good cause,” and immigration judges make such determinations on a case-by-case basis based on the facts, circumstances, and evidence presented in each case. This includes the adjudication of motions to continue based on weather conditions. EOIR has several resources to assist noncitizens in navigating court proceedings, including self-help materials, Immigration Court Helpdesks where unrepresented respondents can seek assistance, and the Immigration Court Online Resource (ICOR), which provides general information on what will happen during court hearings and how noncitizens can prepare for their hearing. In addition to these resources, EOIR’s “limited appearance” regulations allow practitioners to assist noncitizens in preparing legal documents such as asylum applications without having to make a lengthy commitment to courtroom representation. Under EOIR’s limited appearance regulations, noncitizens can now receive free or low-cost legal help in completing legal forms and motions. Additionally, where possible, EOIR provides appropriate signage to help individuals navigate the immigration court space.” Hadi does warn if anyone finds themselves in a similar situation, “there’s always an appeals process, we can always file, formal complaints like this. There are options, no one’s going to come to your house tomorrow and pick you up unless you’re somebody who’s high enforcement priority,” Hadi also advises to make a safety plan in the event that ice does come to your house, and know who to call. For more information, you can go to the immigration website, www.uscis.gov Categories: Featured, Local News, News Tags: attorney in lexington, Deportation, deportation hearing, immigration, immigration attorney, Kentucky, KY, lex
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