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 faces 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, around one thousand Nepali immigrants currently lack legal representation in US immigration courts. This number represents a staggering 11% of all pending Nepali immigration cases.
The crisis is particularly acute in certain states. Texas leads the nation with 442 unrepresented cases, followed by California with 186 and New York with 177 as of September 2024.
In 2023, the number of unrepresented Nepali immigrant cases reached a record high of 1,700, a dramatic increase from 673 in 2022. 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.
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.
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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.
