Pro Bono Survey - Asylum Representation

The INS and the Immigration Courts have emphasized over the years that they want to encourage volunteer lawyers to take on pro bono asylum cases and want to cooperate with pro bono lawyers. We have however, over the years, received reports from some pro bono lawyers raising concerns about non-cooperative treatment before the INS, the Immigration Courts, and the Board of Immigration Appeals. On the other hand, we have in other cases received positive reports from volunteer attorneys expressing appreciation regarding their positive treatment by representatives of these entities.

This is your chance, as a pro bono asylum attorney, to rate your experiences in representing asylum seekers. With the help of the law firm of Shearman & Sterling, the Lawyers Committee for Human Rights will collect the responses to this survey, prepare a memorandum detailing the issues that arise for pro bono attorneys in representing asylum seekers, and make specific recommendations for improvements in INS, Immigration Court, and BIA procedures. We urge that you provide illustrative examples as these can be very helpful in explaining why certain conduct is inappropriate.  We also encourage you to provide information regarding cooperative conduct. Please provide detailed responses, and use additional space if necessary.

Name:
  First      Last
 
Employer:       
 
Address:
  City   State 
  Zip      Email
 
Are you (please check): Pro Bono Volunteer Attorney
Attorney/Rep. at Legal Service Org.
Instructor at Law School Clinic
Other (specify)
 
How were the cases you worked on referred to you?  (If Pro Bono Volunteer, which organization(s) referred case(s)?)
 
Would you take on another pro bono matter?
Yes  No (Explain)
 
Would you encourage other attorneys to volunteer?
Yes  No (Explain)
 
What suggestions for changes, if any, would you make to the INS/EOIR that would make it more likely that you would volunteer again?
 
What changes or incidents, if any, have you observed relating to the treatment of your client or his/her case by any U.S. government representatives following September 11?
 
EXPERIENCE
 
1. How many asylum matters have you handled?
0  1-5  5 or more
If the answer to this question is 0, please stop answering this survey. Thank you for your time.
 
2. Specify which levels your asylum cases have been at:
Asylum Office  Immigration Court  Board of Immigration Appeals
 
3. Have you represented detained asylum seekers?
Yes  No      Specify detention locations:
 
4. In what jurisdictions have you handled cases?
     Asylum Offices:
     
     Immigration Courts:
     
 
5. Please describe your reasons, generally, for taking a matter in a particular jurisdiction or procedural stance. Are there jurisdictions or procedural stances you avoid? If so, why?
 
Asylum Office
 
1. Which asylum office and asylum officer do answers relate to? If more than one, please specify in each response.
 
2. In the case(s) you handled, was (were) the asylum officer(s) always courteous and professional to you and your client?
Yes  No (Explain)
 
3. If you are a volunteer that does not normally practice immigration law, did the asylum officer recognize that pro bono attorneys might not be as familiar with procedures?
Yes  No (Explain)
 
4. If more than one attorney or law student worked on the matter, were all allowed to attend the interview?
Yes  No (Explain)
 
5. If you requested an adjournment to allow yourself as pro bono counsel to prepare the case, was an adjournment granted?
Yes (see 5a & 5b)  No (Explain)
 5a. In general, was (were) the adjournment(s) granted readily?Yes  No
5b. In general, was (were) the adjournment(s) granted for an adequate amount of time?Yes  No
 
6. Did you or your office incur significant expenses in handling the pro bono case(s) (including with respect to translators, expert witnesses, the transportation of witnesses, and/or requests for additional documentation from foreign countries)?
Yes (Explain)  No
 
7. Please note any factors that would encourage you to take on another pro bono asylum case before the Asylum Office and any factors that would discourage you from doing so.
 
Immigration Court (only answer if you've handled cases in immigration court)
 
1. Which immigration court and judge do answers relate to? If more than one, please specify in each response.
 
2. In the case(s) you handled, was (were) the Immigration Judge(s) always courteous and professional to you and your client?
Yes  No (Explain)
 
3. In the case(s) you handled, was (were) the INS Trial Attorney(s) always courteous and professional to you and your client?
Yes  No (Explain)
 
4. If you are a volunteer that does not normally practice immigration law, did the Immigration Judge recognize that pro bono attorneys might not be familiar with procedures?
Yes  No (Explain)
 
5. If you ever requested a motion to allow a law student or not admitted law graduate to appear, did the Immigration Judge grant the motion?
Yes  No (Explain)
 
6. If you requested an adjournment to allow yourself as pro bono counsel to prepare the case, was an adjournment granted?
Yes (see 6a & 6b)  No (Explain)
  6a. In general, was (were) the adjournment(s) granted readily?Yes  No
6b. In general, was (were) the adjournment(s) granted for an adequate amount of time?Yes  No
7. Did you or your office incur significant expenses in handling the pro bono case(s) (including with respect to translators, expert witnesses, the transportation of witnesses (please specify if request for telephonic testimony was denied), and/or requests for additional documentation from foreign countries)?
Yes (Explain)  No
 
8. Please note any factors that would encourage you to take on another pro bono asylum case in immigration court and any factors that would discourage you from doing so.
 
9. Did the INS Trial Attorney obtain any adjournments?
Yes (see 9a)No (skip to 10)
9a. In general, was (were) the adjournment(s) for (check ALL that apply):
  Fingerprinting
Forensic testing of documents
Other Reasons (Please Specify)
 
10. Did you experience any difficulties when attempting to file items with the court?
Yes (Explain)  No
 
11. If you ever made a motion for telephonic testimony, did the Immigration Judge grant the motion?
Yes  No (Explain)
 
INS - Detention (only answer if you've handled detained cases)
 
1. Which facilities do answers relate to? If more than one, please specify in each response.
 
2. Did you (or attorneys or legal assistants working with you) ever have difficulty in meeting with your client?
Yes (explain and specify whether caused by INS or others)  No
 
3. Was the facility itself accessible, including accessible to public transportation?
Yes  No (Explain)
 
4. Were attorney visitation hours and rooms at the facility adequate?
Yes  No (Explain)
 
5. Were you able to communicate with your client by phone and mail?
Yes  No (Explain)
 
6. Did you encounter any difficulty in securing entry to the facility for an interpreter, medical doctor, psychologist, or expert witness to visit the client in connection with your preparation of the case?
Yes  No (Explain)
 
7. If you submitted a parole request to the INS, did you receive a timely response?
Yes  No (Explain)
 
8. If parole was denied, were you given specific reasons for denial?
Yes  No (Explain)
 
9. If parole was denied, did denial make pro bono representation more burdensome?
Yes  No (Explain)
 
10. Was your client's deportation officer responsive and professional to you and your client?
Yes  No (Explain)
 
11. Was your client ever transferred to another facility during your representation?
Yes (see 11a)  No (skip to 12)
11a. If "Yes," please answer the following: (True or False)
 
I was advised prior to the transfer.True False
I was advised after the transfer.True False
The transfer increased the burden of pro bono representation.True False
A reason was given for the transfer.True False
 
12. Did you or your office incur significant expenses in handling the pro bono case(s) that were increased as a result of your client's detention?
Yes  No (Explain)
 
13. Please note any factors that would encourage you to take on another detained pro bono asylum case and any factors that would discourage you from doing so.
 
BIA Appeals (only answer if you've handled cases before the BIA)
 
1. Was your BIA appeal adjudicated in a timely manner?
Yes  No (Explain)
1a. Was your appeal pending for:
over 1 year  over 2 years over 3 years  over 4 years
 
2. If you made any inquiry to the Board's staff, was the staff responsive?
Yes  No (Explain)
 
3. If you have noticed any changes in the quality of decisions issued by the BIA in the wake of the Attorney General's February 2002 announcement of proposed changes to the Board's jurisdiction and structure, please describe those changes, specify whether these, and the subsequent changes, have impacted your pro bono representation, and how (e.g., by necessitating an appeal to federal court).
 
4. Please note any factors that would encourage you to take on another pro bono asylum case before the Board of Immigration Appeals and any factors that would discourage you from doing so.

 

Filing of Complaints 
 
1. If you had concerns regarding your treatment or that of your client, did you complain?

Yes  (Please indicate below to which entity)No
Asylum Office
Immigration Court
BIA
Other 


1a.       What was the result of your complaint, and were you satisfied with the response?

 
1b.       If you did not complain, please explain why not.