Motion to Terminate Filed with Immigration Court in Elizabeth, New JerseyPublished: Nov 25, 2009 By: Matthew L. Kolken, Esq.
I just filed a Motion to Terminate Immigration Court Proceedings that have been instituted against my client who is being detained in the Elizabeth, N.J. Detention Facility. My client has preliminarily established a credible fear that he will be persecuted if he is forcibly returned to his home country. He is awaiting his asylum hearing that has been scheduled in December.
The reason for my Motion is that my client suffers from a chronic medical condition that requires treatment. The Deportation Officer assigned to my client's case has been made aware on multiple occasions that he requires a specific medication to treat his condition, and yet after repeated requests my client still has not been afforded proper medical care.
I requested that my client be released from custody on parole so that he may obtain the requisite care, but my request was denied in a standard form response, and no consideration was given to his health issue. From my reading of the denial it does not appear that the Department even read our request for parole, or any of the supporting documentation.
When I visited my client he appeared listless, and is having difficulty assisting in his defense. As a result I have argued that my client is being denied a fundamentally fair hearing as a result of the denial of medical treatment that is preventing him from being able to assist in his defense.
His trial is in December, and it is my hope that the Immigration Judge assigned to preside over my Client’s matter will ensure that justice is served. Wish me luck.