10th Circuit Orders New Asylum Hearing Due to Immigration Judge's Procedural Error
The U.S. Court of Appeals for the 10th Circuit has ruled that a woman and her child, asylum seekers from Peru, are entitled to a new hearing because an immigration judge in Denver failed to follow federal regulations regarding the right to counsel. Rosa Deniss Torres-Roldan, her husband, and minor son fled Peru in July 2022 after gang members attacked her husband, tortured him, and killed their pets, allegedly due to his employer's refusal to do business with the then-president's political party. Federal regulations mandate that immigration judges advise individuals in removal proceedings of their right to counsel (though not government-funded) and then explicitly ask if they desire representation. Torres-Roldan appeared five times before an immigration judge, including a 'large group hearing' where a mass advisal was given. However, her attorney, Jim Salvator, argued that no individual respondent was asked if they desired representation. After Torres-Roldan represented herself, Immigration Judge Kerri A. ...
