Woman says her husband's immigration case could be canceled due to government shutdown
EL PASO, Texas (KFOX14) — The partial government shutdown is forcing the federal immigration courts to cancel or delay 42,726 cases.
Magdalena Rubio says her husband is supposed to have his hearing on Tuesday.
"We're a big family. We're a family of seven. Five kids, me and my husband,” Rubio said.
Their attorney told KFOX14 it's very possible the shutdown could cancel it.
"In the case of Magdalena and her husband, he is eligible for residency,” Linda Rivas, Rubio’s immigration attorney, said.
“She's a U.S. citizen who petitioned for her husband, and now, they've been waiting for three years for him to legalize his status."
The Transactional Records Clearing House at Syracuse University said the states with the highest numbers of cancellations are California, New York and Texas. In California, 9,424 cases have been canceled, while 5,320 and 5,141 cases were canceled in New York and Texas, respectfully.
The TRAC said if the shutdown continues into February, the number of nationwide cancellations could balloon to 108,112.
Rubio said this uncertainty is a concern for her and her family.
"Especially my husband, he was so worried about it. He thought that his case will close. He was going to receive his residency," Rubio said.
“So that's why we were more shocked on the shutdown because of the court being on Tuesday."
Rivas said there is a possibility that his case could join the more than 42,000 other cases that have been canceled due to the partial government shutdown. There's also another worry Rivas has once these cases get back into the courtroom.
"Their case requires testimony. We don't know if that case will be cut short. We don't know,” Rivas said.
“We hope that the judge is going to hear everything that he needs to hear in the amount of time that they give us."
Rubio wants a solution for not just her husband’s case, but others living with this uncertainty.
"Hopefully that we do have court on Tuesday and that everything finishes soon because of all of the families that are going through (this) because of the shutdown," Rubio said.
The Department of Justice stated on Dec. 26, 2018, that those who are currently detained can have their immigration cases heard by an immigration judge. Those who aren’t detained are having their hearings canceled and delayed.
