"Although this man and woman did not know each other, Judge Patrick O'Brien called them to the stand together. Before their hearings began, O'Brien asked the Department of Homeland Security attorney, "Are there going to be motions?" The attorney replied, "Uhhh, both," referring to the only two asylum-seekers in the courtroom. The department, as it usually does, moved to dismiss both asylum cases."
"The man and woman sat before O'Brien, who could offer little succor. "I would normally give you some information about how immigration court works," he said. But because DHS was moving to dismiss their cases, O'Brien knew, as all regular observers of immigration court know, that ICE was likely to detain both immediately after the hearing. "The rules tell me that I should give you at least 10 days to respond," he said, offering them until early October to respond to the motion."
"A "motion to dismiss" signals that an asylum-seeker will likely be arrested by ICE upon exiting the courtroom, even though their case is technically in progress. In practice, asylum seekers are arrested and taken to far-flung detention centers across California or in states like Arizona, Texas, and Hawaii. It is difficult for them to continue pleading their cases while in detention."
ICE arrested seven individuals at San Francisco's immigration court at 630 Sansome St. Two asylum-seekers—a Colombian man and a Mexican woman—were unable to consult attorneys in the courtroom before detention. Judge Patrick O'Brien called them together and the DHS attorney moved to dismiss both asylum cases. No observers or pro-bono "attorneys of the day" were present to assist. Judge O'Brien offered ten days to respond to the motions, but a motion to dismiss often presages immediate ICE arrest upon exiting the courtroom. Detainees are frequently taken to distant detention centers, making continued pursuit of asylum claims difficult.
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