BOSTON COURT THWARTS ADMINISTRATION’S ATTEMPT TO REMOVE INDONESIAN CHRISTIANS WITHOUT DUE PROCESS!

http://abcnews.go.com/US/wireStory/judge-court-jurisdiction-indonesian-immigration-case-51418498

ALANNA DURKIN RICHER REPORTS FOR ASSOCIATED PRESS ON ABC NEWS:

“Dozens of Indonesians fighting deportation from the United States won another reprieve Monday when a judge ruled that a federal court has the authority to take up their case.

U.S. District Court Judge Patti Saris in Boston rejected the government’s argument that the court doesn’t have jurisdiction in the matter and that immigration officials should be allowed to immediately deport the Indonesians.

An attorney for roughly 50 Christian Indonesians, who fear persecution if returned home, called the judge’s decision “enormously significant.”

“It reaffirms the central role of the federal courts in ensuring that there is a fair process when someone’s life may be at stake,” said Lee Gelernt, of the American Civil Liberties Union’s Immigrants’ Rights Project. “The court soundly rejected the government’s position that the federal courts lack authority to ensure that individuals have an opportunity to present their case before an immigration judge before they’re removed.”

The judge is blocking immigration officials from removing the Indonesians until the court considers their request for a preliminary injunction. She had initially put their deportation on hold until she could decide whether the court had authority to take up the matter.

The government already appealed the judge’s earlier decision to the 1st U.S. Circuit Court of Appeals and is likely to challenge her latest ruling.

Many of the Indonesians went to seacoast communities in New Hampshire, where they found jobs and raised families. In a deal brokered by Democratic U.S. Sen. Jeanne Shaheen, of New Hampshire, in 2009, they were allowed to stay as long as they regularly reported to the Immigration and Customs Enforcement office.

But in recent months, they were told during their visits to the immigration office that they should buy plane tickets and prepare to leave the country. Some said they fear returning to Indonesia, a Muslim-majority country, due to an uptick in intolerance and violence against Christians and other minorities.

Shaheen said she’s “very encouraged” by the ruling.

“New Hampshire should continue to be a sanctuary to the Indonesian community that fled religious persecution,” Shaheen said in a statement. “Deporting these individuals will needlessly split families and communities, and put lives in danger. I’ll continue to make every effort to prevent these deportations so that the Indonesian community can continue to live peacefully in New Hampshire.”

A federal judge in Michigan ruled in July that a U.S. district court has jurisdiction in a similar immigration case. The government is challenging that ruling, which halted the deportation of 1,400 Iraqi nationals, including many Christians fearing persecution.”

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Yet another setback for the Trumpsters in their quest to deny legal and human rights to the most vulnerable among us. This one also appears on its face to be politically motivated. When will Christian Evangelicals finally wake up to the threat that this Administration poses to everyone in America?

PWS

11-27-17

U.S. District Judge In Detroit Temporarily Halts DHS Effort To Expel Chaldean Christians To Iraq!

https://apnews.com/65537e11f1a941c7954faaebdd35f75d/Detroit-judge-halts-deportation-of-Iraqi-Christians

AP reports:

“DETROIT (AP) — A judge on Thursday temporarily halted the deportation of more than 100 Iraqi Christians living in the Detroit area who fear torture and possible death if sent back to Iraq.

U.S. District Judge Mark Goldsmith said in a written order that deportation is halted for 14 days while he decides if his court has jurisdiction to hear their plight.

The Justice Department had argued that the detainees, including many who were recently rounded up after decades in the U.S., must go to immigration court to try to remain in the U.S., not U.S. District Court. But the American Civil Liberties Union said they might be deported before an immigration judge can consider their requests to stay.

Goldsmith heard arguments Wednesday. He said he needs more time to consider complex legal issues.

Potential physical harm “far outweighs any conceivable interest the government might have in the immediate enforcement of the removal orders before this court can clarify whether it has jurisdiction to grant relief to petitioners on the merits of their claims,” Goldsmith said.

Most of the 114 Iraqis are Chaldean Christians, but some are Shiite Muslims and converts to Christianity. They were arrested on or about June 11 and the U.S. Immigration and Customs Enforcement said all have criminal convictions.

Iraq recently agreed to accept Iraqi nationals subject to removal from the U.S.

“The court took a life-saving action by blocking our clients from being immediately sent back to Iraq,” Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project, said in a release. “They should have a chance to show that their lives are in jeopardy if forced to return.”

Besides the 114 arrested in the Detroit area, 85 other Iraqi nationals were arrested elsewhere in the country, according to ICE. As of April 17, there were 1,444 Iraqi nationals with final orders of removal from the U.S. Eight already have been returned to Iraq.

The detainees include Louis Akrawi, who served more than 20 years in Michigan prisons for second-degree murder. He was accused of arranging a shooting that killed an innocent bystander in 1993.

“He’s 69 years old, he has two artificial knees, and he needs surgery on both eyes. Sending him back to Iraq is unfair,” his son, Victor Akrawi, told The Detroit News.”

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Perhaps, Evangelical Christians who supported Trump thought they would get a break. But, in this particular operation, being a Christian doesn’t seem to have helped. Muslims are also being removed.

PWS

06-23-17

DEPORTATION EXPRESS: U.S. Courts Appear Ready To “Green Light” Summary Removal Of Asylum Seekers Without Regard To Due Process — Advocates Striking Out In Attempts To Get Meaningful Judicial Review Of Expedited Removal — Trump Administration’s Plans To Expand Expedited Removal Likely To Deny Thousands Day In Court!

http://www.cnn.com/2017/04/17/politics/supreme-court-castro-expedited-removal/index.html

By Ariane de Vogue, CNN Supreme Court Reporter  writes:

“(CNN)The Supreme Court on Monday left in place a lower court opinion rejecting claims by undocumented Central American women and children — who were apprehended immediately after arriving in the country without authorization — seeking asylum.

Lawyers for the families sought to challenge their expedited removal proceedings in federal court arguing they face gender-based violence at home, but a Philadelphia-based federal appeals court held that they have no right to judicial review of such claims.
The court’s action means the government can continue to deny asylum seekers placed in expedited removal a chance to have their cases heard by federal court.
Justice Neil Gorsuch, who has his first full week on the court starting Monday, did not participate in the decision.
The case, initially brought under the Obama administration, comes as the Trump administration has vowed to more strictly enforce immigration laws.
Originally, 28 mothers and their children entered the US border in Texas in late 2015. They were immediately placed in expedited removal proceedings. Represented by the American Civil Liberties Union, they argue they suffered “gender-based violence, including sexual assault, by men from whom they could not escape” and that they were targeted by gangs because “they are single women residing without a male household member to protect them.” They sought to challenge their removal proceedings in federal court, arguing that they did not receive substantive procedural rights to which they were entitled.
A federal appeals court ruled against the petitioners, arguing that Congress could deny review for those who have been denied initial entry into the country who were apprehended close to the border. The court essentially treated the petitioners as equal to those who arrived at the border but had not yet entered.
“We conclude that Congress may, consonant with the Constitution, deny habeas review in federal court of claims relating to an alien’s application for admission to the country, at least as to aliens who have been denied initial entry or who, like Petitioners, were apprehended very near the border and, essentially, immediately after surreptitious entry into the country,” wrote the majority of the Third Circuit Court of Appeals.
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Here’s a link to the Third Circuit’s decision in Castro v. DHShttp://www2.ca3.uscourts.gov/opinarch/161339p.pdf
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This could be the real “sleeper” in the Trump Administration’s “get tough” immigration enforcement plan. Given the 540,000+ backlog in the U.S. Immigration Courts, the Administration appears to be looking for ways to circumvent the court process entirely wherever possible.
DHS could easily change the existing regulations to “max out” so called “Expedited Removal” by DHS enforcement officers by applying it to everyone unable to establish at least two years’ continuous residence in the U.S. (Currently, the cutoff is 14 days if apprehended within 100 miles of the border.)
Even individuals who meet the two-year requirement could be subsumed in the Expedited Removal regime. Without a right to be represented by counsel, to have a full hearing before an impartial decision maker, and to appeal to the Article III Federal Courts, an individual wrongly placed in the expedited process would have little chance of avoiding summary removal without a chance to apply for relief that might be available before the Immigration Court.
While the Supreme Court’s refusal to grant certiorari in Castro is not a decision on the merits, to date no circuit has ruled in favor of the claimants. Unless and until that happens, it is unlikely that the Supremes will even consider the advocates’ arguments for at least some degree of judicial review of Expedited Removal.
PWS
04-17-17