Tuesday, February 18, 2020

IJ Benchbook 3: Warning for Failure to Depart

As part of my IJ benchbook series, I thought I'd share what I'm currently practicing with. Recently, some (maybe all?) judges have started giving a short warning to accompany their orders of removal when denying applications for relief. One judge I worked with last week read the warning word-for-word, citations and all! Unfortunately for me, the written structure of this text is so dense and out of step with how it would be said in Spanish that I had to stop him and ask him to start over and slow down (the worst) because I just didn't follow. It's texts like these that remind you of how different written and oral English can be, and what a headache that is for interpretation if the speaker insists on reading directly from the text at speed.

Since it's short, I'll just paste it in here with my sample translation, and at the bottom you can download the document to work with and edit yourself (maybe you have a way of translating it that is more economical - I was trying to balance economy (salir del país) with beautiful translation (abandonar el país), with mixed results as you can see below). You can also download an audio in English and an audio of my reading of the Spanish translation to shadow.

To learn this one, I shadowed the Spanish version about three times, then interpreted first with the text in front of me twice and then again without the text. After doing that, I can now get it all in pretty fast. The translation expansion into Spanish is high here, so I have to speak much faster into Spanish than the text is read. I may just try to have the text on hand in court just in case as a support, if a judge chooses to read verbatim instead of paraphrasing the warning. But even with the document on hand, the key here is probably to semi-memorize the interpretation so that the out-of-step structures don't throw you off.

Failure to Depart:  If you are under a final order of removal, and if you willfully fail or refuse to (1)depart when and as required, (2) make timely application in good faith for any documents necessary for departure, or (3) present yourself for removal at the time and place required, or, if you conspire to or take any action designed to prevent or hamper your departure, you shall be subject to a civil monetary penalty of up to $500 for each day under such violation. See INA § 274D(a). If you are removable pursuant to INA § 237(a), then you shall be further fined and/or imprisoned for up to 10 years. See INA § 243(a)(1).

El incumplimiento de la obligación de abandonar el país: Si usted está sujeto a una orden final de expulsión, y de manera intencional 1) no sale o se niega a salir del país cuando y como se le exija hacerlo, o 2) no solicita o se niega a solicitar oportunamente y de buena fe los documentos necesarios para salir del país, o 3) no se presenta o se niega a presentarse para su expulsión en el momento y el lugar donde se le exija, o si usted se confabula o toma alguna medida para evitar u obstaculizar su salida del país, usted se expone a una sanción civil monetaria de hasta $500 por cada día de incumplimiento. Véase INA § 274D(a). Si usted está sujeto/a a la expulsión conforme a la INA § 237(a), entonces se le impondrán multas adicionales y/o usted será encarcelado por hasta 10 años. Véase INA § 243(a)(1).

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