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The problem: Anyone who claims asylum must be allowed a hearing within 20 days or released on a promise to appear. There are 700,000 backlogged cases with a 7 to 10 year waiting period for a hearing. Few come back.
Solution: Summary judgments
In both criminal and civil law, if incontrovertible facts establish how a court should rule as a matter of law, there is no trial or hearing. Many cases of all kinds are concluded in this manner. Any legitimate lawyer could confirm the practice and concept of summary judgments.
The facts exist to summarily deny all in the caravan asylum on these indisputable facts:
1. An asylum seeker must accept asylum from the first country they enter that offers asylum.
2. Everyone in the caravan passed thru Mexico.
3. Mexico offered asylum. Mexico has never offered that before, so that is a NEW factor in seeking asylum.
Upon those 3 facts alone there is an absolute summary judgment basis to deny asylum to everyone and anyone in the caravan. Since that is federal law, no other facts or claims would have any relevancy whatsoever, since law does not allow anyone claiming asylum from Mexico so none could demand asylum from asylum in Mexico. Mexicans can not claim asylum. Any federal judge or their magistrates could sign such summary judgment orders. While in theory the person could appeal, no federal judge would be required to allow remaining in the USA during the appeal process. That is always at the judge's discretion.
Problem solved in a day for any asylum seeker in the caravan. NO change in law or regulations required.
Solution: Summary judgments
In both criminal and civil law, if incontrovertible facts establish how a court should rule as a matter of law, there is no trial or hearing. Many cases of all kinds are concluded in this manner. Any legitimate lawyer could confirm the practice and concept of summary judgments.
The facts exist to summarily deny all in the caravan asylum on these indisputable facts:
1. An asylum seeker must accept asylum from the first country they enter that offers asylum.
2. Everyone in the caravan passed thru Mexico.
3. Mexico offered asylum. Mexico has never offered that before, so that is a NEW factor in seeking asylum.
Upon those 3 facts alone there is an absolute summary judgment basis to deny asylum to everyone and anyone in the caravan. Since that is federal law, no other facts or claims would have any relevancy whatsoever, since law does not allow anyone claiming asylum from Mexico so none could demand asylum from asylum in Mexico. Mexicans can not claim asylum. Any federal judge or their magistrates could sign such summary judgment orders. While in theory the person could appeal, no federal judge would be required to allow remaining in the USA during the appeal process. That is always at the judge's discretion.
Problem solved in a day for any asylum seeker in the caravan. NO change in law or regulations required.