Denial of hearing

Denial of hearing is the deprivation of liberty, property, or status without the procedural protections — notice, opportunity to be heard, neutral decisionmaker — that due process requires. Concrete forms include summary expulsions, removals, or terminations conducted without the hearings the law requires; emergency procedures used as a routine substitute for ordinary process; and "hearings" so truncated or hostile that they cannot serve their purpose.

Documented entries (4)

2026

Woman gives birth on a Brooklyn courtroom bench while in custody awaiting arraignment

On the night of May 15, 2026, Samantha Randazzo, 33 and nine months pregnant, gave birth to a boy on a bench inside Kings County Criminal Court in Brooklyn while in NYPD custody awaiting arraignment on low-level drug-possession and trespassing charges, hours after a city hospital discharged her back into custody. Public defenders who witnessed the birth said she was restrained and lacked medical care, privacy, or dignity; the state Office of Court Administration disputes that she was shackled to the bench. The Brooklyn District Attorney's office later dismissed her charges.

ICE deported Colombian woman to DR Congo after Congolese officials refused her on medical grounds

On April 16, 2026, ICE placed Adriana Maria Quiroz Zapata — a 55-year-old Colombian woman with diabetes, hyperlipidemia, and hypothyroidism — on a removal flight to the Democratic Republic of the Congo two days after Congolese officials had formally refused to accept her because they could not guarantee the medical care her conditions required. On May 14, 2026, U.S. District Judge Richard J. Leon (D.D.C.) ruled the deportation was likely unlawful under the Immigration and Nationality Act and ordered the Trump administration to return her to the United States, finding that she faced a "daily risk of medical complications, up to and including death." As of the ruling she remained in the DRC.

2025

USCIS halted all asylum decisions nationwide after National Guard shooting

On November 28, 2025, USCIS Director Joseph Edlow ordered asylum officers to immediately stop approving, denying, or closing any asylum application nationwide, regardless of the applicant's nationality, following the shooting of two National Guard members near the White House by an Afghan national. The indefinite halt suspended the statutory asylum adjudication process under INA §208 for all pending applicants, freezing them in limbo with no path to a decision or hearing, and served as the originating operational directive later formalized by the December 2, 2025 USCIS Policy Memorandum PM-602-0192.

USCIS halted all asylum decisions for applicants of every nationality after D.C. National Guard shooting

On November 28, 2025, USCIS Director Joseph Edlow announced that the agency had "halted all asylum decisions" pending completion of enhanced vetting for "every alien," telling officers they could continue interviews up to the point of decision but could not approve, deny, or close any application regardless of the applicant's nationality. The operational directive—issued two days after an Afghan national shot two National Guard members near the White House—went beyond the concurrent Afghan-specific pause and froze affirmative asylum adjudication nationwide. CBS News reported the officer guidance on November 29. The pause was later formalized in USCIS Policy Memorandum PM-602-0192 (December 2, 2025) and declared unlawful by a federal court on June 5, 2026.