Nebraska's immigration court opens today (Omaha World Herald)

Nebraska's immigration court opens today

BY CINDY GONZALEZ
WORLD-HERALD STAFF WRITER
Published Monday October 27, 2008

Nebraska's new immigration court opened today, and Joseph Lopez-Wilson wanted to be part of history.

So the Omaha immigration lawyer waited as the doors were unlocked around 8 a.m. He had hoped to be the first to conduct business at the facility near Eppley Airfield at 1717 Ave. H.

It's wasn't the first time Lopez-Wilson was out front. Fresh out of law school 22 years ago, he represented the first and last immigrants in Omaha who applied for residency status under the 1986 amnesty law.

"Whenever new things happen, I want to be there," Lopez-Wilson said. "Anyway, somebody's got to do it."

Today began a new era in immigration court proceedings.

Two permanent judges supported by seven staff members will preside over the two new courtrooms.

Before, immigration cases were heard via video-teleconference by a judge from Chicago.

The Justice Department's decision to establish the court that will serve Nebraska and Iowa was prompted by a consistently high number of cases, said spokeswoman Susan Eastwood.

In Nebraska, more than 2,000 cases were filed annually in the past several years, ranking it third among the states that lacked their own immigration court. Iowa's annual load was between 600 and 700 since 2004.

Although the opening was met with no fanfare, attorneys who will use the courts expressed relief.

"It's beautiful," said Amy Peck, an immigration attorney. "We've gone from part-time court at 132nd Street to Council Bluffs to teleconferencing to now having two courtrooms with judges appearing in person. It's a much more convenient setup."

Paul Stultz, deputy chief counsel for U.S. Immigration and Customs Enforcement, which prosecutes cases coming through the facility, was in court today.

"This will add tremendous efficiency to the process," said Stultz. "We can file documents in person, we will receive court orders and decisions in person — and in court — instead of relying on fax machines and mail.

"Everything is better in person . . . ."

The first day of court appeared a little rocky, as the first immigrant on the day's docket waited with his teenage daughter in the lobby while the family's attorney sat in one of the new courtrooms.

Judge James R. Fujimoto had moved on to the next case when the man, a native of El Salvador, finally made his way into the courtroom. Fujimoto returned to the case when it became obvious who the man was.

"We're off to an interesting start," said the judge.

Fujimoto will hear cases this week, but teleconferencing will resume next week until the two permanent judges are trained.

The court will hear mostly deportation proceedings but also political asylum cases and other U.S. residency status reviews.

Immigration judges often ask questions during the proceeding and usually render a decision the same day. There is no jury.

Currently, court dates for new cases were being set for 2010. That wait time, attorneys said, could be cut in half.

Lopez-Wilson tried to file a motion today to reopen a client's deportation case but was told it had to happen in Chicago since that is where the case originally was filed.

He was still glad he arrived early to appreciate the new surroundings.

"I've been waiting for this for a long time," he said.