No. of Recommendations: 0
As for whether every case has an OPLA lawyer - apparently not. I would have thought that the DHS would have counsel in each and every proceeding, asylum or not, but apparently they exercise discretion in whether to choose to send a lawyer to any given hearing. Not just asylum, but any hearing on any matter. For asylum, the government definitely can take an adverse position on asylum cases, and will even appeal the decision sometimes. I imagine that any of those cases would definitely be staffed by an OPLA lawyer, as well as any that involved novel or complicated legal issues. But for routine, run-of-the-mill asylum cases, apparently they might choose not to send counsel. I imagine that the government would then just appear directly through a DHS officer, but I couldn't find anything that actually says what happens then. - albaby
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This is a fascinating tidbit. As the prosecution, does the DHS have to assemble a case on why asylum should not be granted? And in that role has to gather evidence to support its case? That could take a lot of investigative manpower, perhaps easier to waive them though with superficial screening. Or DHS being part of the Biden Admin could be going light on the prosecutions because... politics.
