Can you make an “expedite request” with EOIR in asylum proceedings?

Question

In asylum proceedings, the USCIS lays out generally the rules of expedite requests before its jurisdiction, that of the Administrative Appeals Office (AAO) and the Board of Immigration Appeals (BOIA) on its website.

The only body the site does not discuss or even mention for similar ends is the Executive Office for Immigration Review (EOIR).

The closest information I found was the fact that INA does recognize expedited removal proceedings, but even there I was unable to locate proceedings for applicant initiated expedition.

Is there any law, case law or statute, or rules of court to follow to move or request the EOIR to either place an asylum applicant in removal proceedings into expedited removal or request the expedited processing of the case?

Answer 1

I believe that "expedited removal" proceedings only applies to arriving aliens, and it means that you do not get a hearing before an immigration judge in immigration court, which you do get in regular removal proceedings. To seek asylum in expedited removal, you would have to pass a credible fear interview with an asylum officer, and I believe if you pass, you would just go into regular removal proceedings with an immigration judge in immigration court. So there is no benefit to expedited removal over regular removal.

I am not aware of any basis to "expedite" adjudication of asylum claims in removal proceedings. Since you are allowed to stay in the US while it is pending, you are not losing out on the main benefit of asylum by the process taking longer. If you are seeking a side benefit like an EAD to allow work, or Advance Parole to allow travel abroad, and you are suffering a hardship due to not having that benefit, then perhaps you can seek expediting of the application for that benefit instead.