This opinion isn't at all about delay. But the factual background of the case struck me as similar to what you typically see in death penalty cases; e.g., tons of delay, even though the government theoretically has a strong interest in getting these cases resolved expeditiously. (For death penalty cases, in having the death sentence carried out promptly rather than 30 or 40 years later; for removal cases, in having the individual deported swiftly rather than a decade-plus later.)
Here's how the Ninth Circuit recounts the facts:
"On October 17, 2014, the Department of Homeland Security (DHS) served Rodriguez with a putative Notice to Appear (NTA) that did not specify the date or time of any subsequent removal hearings. The NTA alleged that Rodriguez (1) was not a citizen or national of the United States, (2) was a native and citizen of Mexico, (3) had entered the United States near Otay Mesa, California, on approximately September 27, 2010, and (4) had not been admitted or paroled after inspection by an immigration officer. . . . DHS did not file the NTA with the immigration court until March 13, 2015, approximately five months after the NTA was served on Rodriguez.
On March 27, 2015, the immigration court issued a notice stating that Rodriguez’s first master calendar hearing was to take place two months later, on June 9, 2015. Rodriguez appeared at the hearing and, through counsel, admitted the first two factual allegations stated in the NTA. She denied, however, the remaining allegations and contested the removability charge. . . .
The IJ then scheduled another master calendar hearing for eight months later, on February 3, 2016, and gave Rodriguez a deadline of November 3, 2015 to submit a written change to her initial pleading if she wished to do so. Rodriguez complied with the IJ’s directions and, on November 3, 2015, she filed an amended pleading in which she conceded her removability.
At the February 3, 2016 hearing, the IJ scheduled yet another master calendar hearing for sixth months later, on August 17, 2016. Rodriguez’s application for asylum, withholding of removal, and CAT protection was to be filed with the immigration court at that hearing.
But the August 2016 hearing never materialized. On July 8, 2016, the immigration court sua sponte rescheduled the hearing for March 1, 2017. The immigration court sua sponte rescheduled the hearing yet again on November 28, 2016, this time for May 24, 2017. And on May 4, 2017— three weeks before the already twice-rescheduled hearing was to take place—the immigration court sua sponte rescheduled Rodriguez’s proceedings a third time, for December 13, 2017.
At the December 13, 2017 hearing, the IJ asked Rodriguez’s counsel whether counsel had prepared an application for relief. Counsel responded by requesting additional time to review Rodriguez’s medical records. The IJ agreed to provide more time and also scheduled a hearing on the merits of Rodriguez’s forthcoming applications for relief for November 6, 2018. Because Rodriguez’s merits hearing would not take place for another 11 months, the deadline for her application for relief was set for September 6, 2018."
I'll leave out the rest, though will note that (1) Rodriguez allegedly entered the US in 2010, (2) the Department sought her removal in 2014, and (3) it's now 2023 -- and about to be 2024. (Oh, and the Ninth Circuit remands the case, so there's still a lot left to do.)
I would think that if one (or both) sides of the political spectrum wanted to get serious about removal -- as opposed to just perceptually "getting tough" (or doing nothing) -- one fairly achievable (maybe even bipartisan?) solution would be to hire more immigration judges to reduce the backlog. A ton of 'em. The Congressional Research Service recently said that we'd need to at least double the number of judges -- i.e., add 700 more IJs to the 649 currently on staff -- to clear the existing backlog by 2032. Admittedly, I don't practice immigration law (except for isolated pro bono matters), but the kind of delay I get to see from the outside seems fairly intolerable. You'd think that people could agree on doing something about it. Maybe even people whose political interests or desires normally compete with each other.
Or maybe not.
