An increasing number of Nepali immigrants are facing a daunting challenge in the US immigration system: navigating complex legal proceedings without an attorney.
Aitaman (name changed), a Nepali immigrant, paid over $50,000 to a broker to facilitate his journey to the United States via Mexico. Despite his high hopes for a better life, Aitaman’s American dream has quickly turned into a legal nightmare.
Upon arrival, he was placed in immigration detention. Although he managed to escape detention with the help of a pro bono lawyer, he now confronts his asylum case in immigration court without legal representation.
“I have no idea whom to hire or what to do next,” Aitaman said. “I’ve moved so many times in search of work that I’ve lost important documents, and I can’t even understand them anyway. No one has explained the process to me, and I don’t even know when my court date is. I’m completely lost.”
Unfortunately, Aitaman’s story is not unique. According to the Transactional Records Access Clearinghouse (TRAC) at Syracuse University, a record-breaking 1,621 Nepali immigrants currently lack legal representation in US immigration courts. This number represents a staggering 19.51% of all pending Nepali immigration cases.
The crisis is particularly acute in certain cities. San Antonio leads the nation with 683 unrepresented cases, followed by New York City with 288. Other major metropolitan areas like San Francisco, Dallas, and Baltimore also have significant backlogs of unrepresented Nepali immigrants.
This sharp rise is a recent development. In 2023, the number of unrepresented Nepali immigrant cases reached a record high of 1,694, a dramatic increase from 667 in 2022, marking a 155% surge. The historical data shows a concerning trend, with a steady rise in unrepresented cases since 2012, highlighting an ongoing crisis in the availability of legal representation for immigrants.
San Francisco reports 160 unrepresented cases, while Dallas has 124, and Baltimore has 76. Denver accounts for 43 cases, and Boston has 28. In Newark, there are 26 unrepresented cases, with Houston – Greenspoint reporting 21. Chicago and Concord each have 18 cases, and Seattle has 16. Both Arlington and Sterling have 12 cases each, while Houston – Gessner has 10.
Los Angeles – North and Philadelphia each report 8 cases, Atlanta has 7, and Chelmsford, Charlotte, and Santa Ana each have 6. Los Angeles – WLA and Buffalo each have 5 cases, and Memphis, Sacramento, and Omaha each have 4. Cleveland also has 4 cases, while New Orleans and Hyattsville each report 3. El Paso, Hartford, San Diego, and Miami each have 2 cases.
Florence, West Valley, Houston, Imperial, Kansas City, Bloomington, Orlando, Phoenix, Detroit, and Portland each have one unrepresented Nepali immigrant case.
In New York immigration courts alone, the number is at a nine-year high. It is 288 now compared to 255 in 2023. There were 104 unrepresented cases in 2022 and 86 in 2021. There were 60 in 2020, 63 in 2019, 70 in 2018, 140 in 2017, and 286 in 2016.
However, there were 319 in 2015, which was a record high in history. In 2014 there were only 102, and in 2013 there were 55 unrepresented cases of Nepali immigrants in New York immigration courts. In 2012, the number was 67.
Experts attribute this crisis to a shortage of immigration attorneys nationwide. The consequences of navigating the immigration system unrepresented are severe. Individuals with legal representation are significantly more likely to understand their rights, explore available defenses, and ultimately succeed in their cases.
New York City-based immigration attorney Ramesh Shrestha emphasizes the critical importance of legal representation in any immigration matter. “U.S. laws are often extensive and complex,” Shrestha states. “Legal experts widely agree that U.S. immigration law is just as complex and intricate as U.S. tax law. Additionally, the United States adheres to a common law system, making published court decisions a highly significant factor in interpreting the Constitution and federal statutes.”
Shrestha stresses that experienced immigration attorneys leverage their knowledge, education, and expertise to the benefit of their clients. “Proper guidance and analysis of the facts and applicable law are advantageous for immigrants seeking either basic immigration benefits or relief from removal proceedings,” he explains. “An immigrant facing removal proceedings will have no prior knowledge of immigration law, which is crucial for obtaining the relief they seek. As such, an unrepresented immigrant has virtually no chance of winning their case. They must not only meet the burden of proof but also establish their eligibility for the relief they are requesting under the Immigration and Nationality Act (INA).”
“Even immigration judges are less likely to allow a foreign national to represent themselves in removal proceedings due to the high stakes involved,” Shrestha continues. “For Nepali asylum seekers in particular, competent legal representation is essential. They lack the ability to navigate the complexities of U.S. immigration law and the decisions of the Board of Immigration Appeals (BIA) and federal courts. Many asylum seekers who file their applications with USCIS choose to forgo legal counsel and represent themselves until their cases are referred to immigration courts. This trend often leads to regret later, as their cases are either poorly prepared or not presented effectively.”
The crisis has been exacerbated by the prevalence of unqualified non-attorneys and middlemen who prey on vulnerable immigrants. Many Nepali immigrants have been misled by these individuals, according to NYC-based immigration attorney Bashu Phulara.
“Many Nepali immigrants are often misled by middlemen and unqualified non-attorneys. Instead of seeking competent, licensed, and ethical attorneys, they turn to so-called legal helpers who offer services for less money. Worse yet, they end up paying large sums to non-attorneys,” explained Phulara.
Phulara has repeatedly addressed this issue in the media, urging people not to enter the USA illegally by crossing borders. “Despite these efforts, many individuals continue to rely on unreliable sources. It’s perplexing that those who manage to gather $50,000 to $70,000 for the journey are considered poor, yet they find legal fees of $5,000 to $7,000 expensive when it comes to court representation,” said Phulara.
Phulara strongly urges everyone to avoid falling for these deceptive practices. “Instead, seek out reputable attorneys who can genuinely help and represent you in court. This is essential for ensuring that you receive the proper legal support and avoid further complications,” he emphasized.
Rajan Thapaliya contributed reporting from New York.
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
