😎👨🏻‍⚖️⚖️ HEEEEEEEEEEE’S BACK! — Judge Lawrence O. “Larry” Burman Returns To Bench After 9-Month “Mystery Disappearance!”

Judge Lawrence O. Burman
Hon. Lawrence O. Burman
U.S. Immigration Judge
Arlington, VA
Pictured addressing conference at CIS
PHOTO: YouTube

😎👨🏻‍⚖️⚖️ HEEEEEEEEEEE’S BACK! — Judge Lawrence O. “Larry” Burman Returns To Bench After 9-Month “Mystery Disappearance!”

By Paul Wickham Schmidt

Courtside Exclusive

Feb. 2, 2022

Reliable sources tell Courtside that previously “missing in action” U.S. Immigration Judge Lawrence O. “Larry” Burman (a/k/a “The Burmanator”) will be back on the bench today at the Annandale Immigration Court. Judge Burman was on the bench at the “Legacy Arlington Immigration Court” at the time of his sudden disappearance around May 2022.

The recently-established Annandale outpost of EOIR can be considered the “direct successor” to the legendary Arlington Court, which passed into EOIR history on October 14, 2022, while Judge B was still missing. See https://immigrationcourtside.com/2022/11/07/⚖️🪦-requiem-for-a-heavyweight-farewell-to-the-arlington-immigration-court/. The Annandale Court inherited the coveted, noble “WAS” docket designation from Arlington (which, in turn, harkened back to the days of yore when there actually was an Immigration Court operating within the bounds of our nation’s capital).

No official explanation was given for Judge Burman’s lengthy absence and abrupt return. “Disappearing judges” are hardly an unusual occurrence at EOIR, where non-transparency is institutionalized.

“Rehabilitation and reappearance” of “disappeared judges” is somewhat rarer, although not unprecedented. Some reportedly are restored to good graces only after surviviung time in rigorous “reeducation camps” rumored to be operating within EOIR’s “secret empire.” In accordance with standard EOIR policies, neither Judge Burman nor anyone within the ponderous EOIR bureaucracy was available for comment on this incident. 

Judge Burman’s resurrection is good news for those who practice before the Annandale Court. A number previously expressed to Courtside their worries and grave concerns for the judge’s physical and emotional health and well-being and their well-wishes for his safe return. A few “off the bench, in person” sightings of the renowned jurist toward the end of 2022 gave hope for those who had “feared the worst.” 

As previously described in Courtside, Judge Burman has had an illustrious four-decade plus legal career since graduating from Maryland Law in 1978.

Judge Burman has been an Immigration Judge for nearly a quarter-century, serving at the Los Angeles and Memphis Immigration Courts before arriving in Arlington. He has been a leader in court-related CLE, serving as a past chair of the FBA’s Immigration Section and the creator and editor emeritus of The Green Card, that section’s educational newsletter. He also has been an officer of the National Association of Immigration Judges (“NAIJ”), where (perhaps ironically) he successfully represented a number of colleagues charged with disciplinary infractions or wrongfully denied benefits.

Until “grounded” by the Trump DOJ, Judge Burman was one of a limited number of local judges eager and willing to participate in educational events sponsored by bar associations and other groups. A graduate of UVA and Maryland Law, and a U.S. Army veteran, Judge Burman had careers in the “Legacy INS” and private practice before being appointed to the bench by then Attorney General Janet Reno in 1998.

⚖️👨🏻‍⚖️🎩 FREE JUDGE BURMAN! — Sudden, Mysterious Disappearance Of Revered U.S. Immigration Judge Lawrence O. “Larry” Burman From Arlington Bench Surprises, Saddens Local Bar!  

Welcome back, “Bumanator!” As we say in the business, “Live long and prosper!” 🌌🚀

🇺🇸  Due Process Forever!

PWS

02-02-22

        

🤯 BIDEN ADMINISTRATION’S ACCEPTANCE OF GOP’S NATIVIST MISCHARACTERIZATION OF REFUGEE CRISIS AS A FAUX “LAW ENFORCEMENT CRISIS” @ OUR SOUTHERN BORDER HAS DAMAGED HUMANITY & IMPAIRS  DEMOCRACY — “The Biden administration fell into the trap of letting its opponents define the terms of the debate.”— Stuart Anderson @ Reason 

 

 

Stuart Anderson
Stuart Anderson
Executive Director
National Foundation for American Policy
PHOTO:LInkedin

https://reason.com/2023/01/26/a-historic-refugee-crisis-miscast-as-a-border-emergency/

Stuart writes:

. . . .

The Biden administration fell into the trap of letting its opponents define the terms of the debate. . . . .

Arranging care for asylum seekers would have been necessary even with a better metric. However, managing the humanitarian flow would have been easier if the Biden administration had allowed those seeking asylum to apply in an orderly, timed fashion at a lawful port of entry.. . . .

. . . .

Members of Congress and others who oppose the Biden administration’s parole program raised no objections to the Trump administration dismantling the U.S. refugee program. They also have not advocated for any other legal way for people escaping oppressive governments to enter America. Without paths to enter lawfully, it is inevitable that more people will cross into the U.S. illegally.

. . . .

Critics of the increase in CBP encounters argue, without much evidence, that individuals would not come to America if U.S. immigration policy were harsher—in other words, if Biden were more like Trump.

Despite what his supporters assert, Trump’s policies did not reduce illegal immigration or discourage people from applying for asylum. Pending asylum cases rose by nearly 300 percent between FY 2016 and FY 2020 (from 163,451 to 614,751), according to Syracuse University’s Transactional Records Access Clearinghouse. Apprehensions at the southwest border (a proxy for illegal entry) rose more than 100 percent between FY 2016 and FY 2019 (from 408,870 to 851,508). Apprehensions fell for several months at the start of the COVID-19 pandemic, but by August and September 2020, apprehensions returned to the approximate level of illegal entry for the same months in FY 2019.

Providing individuals with legal ways to work or seek protection in America is the only viable way to reduce illegal immigration. Treating people humanely is not a sign of weakness. Allowing for orderly entry is a smart policy consistent with America’s best tradition as a nation of immigrants and refugees.

******************

I highly recommend reading Stuart’s complete article at the link. Members of the so-called “mainstream media,” whose stories often do not accurately reflect the legal right to apply for asylum at the border, which has been shamefully ignored and/or abridged by both Trump and Biden, would also do well to read Stuart’s accurate description of our needlessly screwed up administration of refugee and asylum laws. Most media articles also fail to accurately distinguish between those (often vainly) seeking just to exercise their legal right to apply for asylum at the border and other individuals who might irregularly cross the border. 

The real, oft-ignored, problem here is that the Trump Administration dismantled the legal refugee programs established by the Refugee Act of 1980. Then, they unlawfully “repealed” asylum law at the border. Worse yet, Congress and bad GOP appointed Federal Judges let them get away with this outrageously illegal and highly counterproductive conduct (at least to date).

By the time the Biden Administration took office, the real “solvable” part of the problem at the Southern Border was well defined by experts: The US Government’s intentional violation of laws protecting refugees and legal asylum seekers and guaranteeing the latter fair and timely assessment and adjudication of their claims.

The Biden Administration could and should have “hit the ground running” with an aggressive program (and defense thereof) of restoration of the rule of law for refugees, who could and should have been processed in larger numbers outside the U.S. in Latin America and the Caribbean, combined with a restoration of the rule of law for asylum seekers at the, border, led by a reformed EOIR and USCIS Asylum Office, both staffed with true asylum experts!

Instead, the Biden Administration, after an “initial burst” of promising yet highly ineffective rhetoric (see, e.g., “reforms” of gender-based asylum), gave immigration, human rights, and the interconnected problem of racial justice, low priority. Instead of seeking and employing dynamic, progressive, problem-solving leaders, with new and creative ideas, they relied largely on “bureaucratic retreads” who showed little interest in or affinity for taking the bold, often courageous, actions necessary to address the festering humanitarian crisis at the border! 

Too many of these individuals seemed to accept the false GOP nativist proposition that elimination or unduly restrictive applications of asylum law were the best way to “deter” unlawful entries, and that we didn’t want to “encourage” refugees from Latin America or the Caribbean by recognizing the legitimacy of their claims and/or running robust, realistically large “overseas” refugee programs for them.

Moving refugees and asylum seekers into an orderly, functioning, legal process at or away from the border would also allow CBP to focus resources on individuals who are not seeking legal refugee in the U.S. Because of the inaccurate and misleading statistics used to “count” border activity, as accurately described by Stuart in his full article, we actually have little idea how large a “cohort” of individual border arrivals legal asylum seekers represent.

“Mixing apples and oranges” certainly plays directly into the hands of GOP restrictionist/nativists who love to lump them all together under the dehumanizing and intentionally demeaning “false rubric” of “illegals.”  There is nothing “illegal” about appearing at the U.S. border and asking for refuge under our domestic laws and international conventions to which we are party!

What is “illegal” is our Government suspending legal processing for asylum, and also, even for those chosen under largely arbitrary criteria for processing, delivering a badly flawed biased process that is neither fair nor timely. Also, mixing those merely seeking a chance to state their legal case for asylum with those seeking entry for other purposes certainly “dilutes” the enforcement resources and effectiveness of CBP in preventing “real” unlawful entries.

Instead, the Biden Administration settled into an inept “Miller Lite” posture of utilizing modified and supposedly “humanized” versions of Trump’s illegal policies. As pointed out by Stuart, the Biden Administration also failed miserably to anticipate and establish a Federally-led and funded program for humane resettlement of asylum seekers. 

This played right into the hands of White Nationalist GOP pols like Abbott, DeSantis, Ducey, Paxton, Cruz, Cassidy, Vance, Biggs, McCarthy, Jordan, et.al. At the same time, in one of the dumbest moves in recent political history, they left Democratic leaders in locations victimized by the GOP “bussing stunts” in the lurch and without support, thereby driving an entirely unnecessary “wedge” and “stress point” into the “Democratic coalition.”

There might be no “easy and perfect” solution for managing refugee situations. Refugees and other types of “forced migrants’ have been with us since the beginning of human history. They will continue to exist long after the current crop of nativist politicos and “deterrence-only-focused” bureaucrats are gone. 

Yet, with all this historical knowledge, the so-called “Western Democracies” failed miserably in protecting refugees from Hitler’s planned genocide in the years leading up to and including WWII. The 1951 UN Convention and later Protocol were supposedly “never again” responses to that deadly failure. 

Yet, today, politicians and leaders who should know better seem determined to ignore the lessons of history and recreate the moral and humanitarian failures of the past. One can only hope that the NDPA and the “new generations” can get by the failures of today and treat refugees fairly, humanely, and in recognition of the substantial benefits that most bring to those nations fortunate enough to be “receiving” countries. The future of our world may depend on it!

🇺🇸 Due Process Forever!

PWS

01-31-23

🤮🤥 “DUH” OF THE DAY: “Billy the Bigot” Barr Is An Unethical, Right-Wing Hack Who Abused His Authority @ DOJ In Service Of Trump Over America! — Durham Investigation Was “Abusive, Partisan, and Unhinged!“

 

Barr Departs
Lowering The Barr by Randall Enos, Easton, CT
Republished By License

https://nymag.com/intelligencer/2023/01/the-durham-probe-was-barrs-witch-hunt.html

Johnathan Chait
Johnathan Chair
Political Columnist
NY Magazine
PHOTO: Facebook

Johnathan Chait @ The Intelligencer:

There is an enduring pattern in American conservatism in which the right first develops a paranoid interpretation of the liberal Establishment, and then reverse engineers its own version of the monster it has imagined. Conservatives convinced themselves that the mainstream media and universities were mere propaganda organs, then created institutions like the Heritage Foundation and Fox News, warped reflections of their own overheated critique. The January 6 insurrection was, of course, in the mind of its participants, a “response” to the imagined vote-fraud conspiracy and its antifa/BLM shock troops.

John Durham’s investigation is a classic episode in this tradition. The American right first convinced itself that Robert Mueller and the deep state, using the cover of dispassionate professionalism, had launched a partisan witch hunt to smear Donald Trump. In response, it created a right-wing mirror image, as fervently partisan and unhinged as they believed their enemies to be.

The New York Times has a deeply reported narrative showing how Durham’s counter-investigation of the Russia probe, cooked up by William Barr at Donald Trump’s urging, was just as abusive, partisan, and unhinged as Trump’s defenders made Mueller out to be.

The purpose of special counsel is to wall off a politically sensitive investigation from the attorney general. But Durham, reports the Times, was working closely with Barr behind closed doors all along. The two Republicans dined and drank together, and came to share Barr’s Fox News–brained beliefs that Trump had been the victim of a conspiracy.

Rather than preventing Barr from meddling in a politicized investigation, this arrangement inverted that purpose and laundered Barr’s involvement through Durham’s putative independence. “At some point, some particularly ill-informed critic of the administration may try to paint Durham as a right-wing hack or Republican loyalist,” wrote National Review’s Jim Geraghty in a fawning profile, singling out the NAACP’s Sherrilyn Ifill for having the temerity to suggest Durham might have been compromised by serving Trump’s ends.

Durham and Barr kept failing to prove the deep-state conspiracy they imagined, but continued to press forward anyway. At one point they seized upon hacked Russian memos that intelligence analysts deemed obviously fake, instead treating them as a valuable intelligence trove, and tried to prove it out, even harassing one of the targets to obtain his emails (which contained nothing incriminating). It weirdly reflected the Trumpist accusation that Robert Mueller had been tricked into pursuing Russian disinformation.

As Durham kept failing to find support for the conspiracy he was pursuing, and which Barr kept floating in public, his deputies chafed at his obsession. Eventually, one of them resigned in protest when he brought charges against Michael Sussmann, a target of the right. As his former lieutenants expected, Durham’s case was defeated in court.

. . . .

*******************

Read the complete article at the link.

Immigration advocates didn’t need a NY Times investigation to tell you that Barr was corrupt! Biased anti-immigrant, anti-asylum “AG precedents;” BIA “Appellate Judges” appointed for their unusually high asylum denial rates and known hostility to migrants and their attorneys; Immigration Judges appointed without expertise in immigration and human rights, overwhelmingly from the ranks of prosecutors; busting the IJ union (“NAIJ”) for speaking out against DOJ’s politicized mismanagement; issuing an EOIR “Fact Sheet” full of lies, misrepresentations, and myths; appointing politicized managers at EOIR without judicial or due process qualifications; taking ethically questionable litigating positions in Federal Court; the list of Barr’s abuses of authority on immigration and human rights goes on and on!

AG Merrick Garland has made a few ameliorative changes. Some of the worst precedents have been overruled; some unqualified political senior executives been removed or reassigned; over time, judicial selection has been shifted to a more balanced, merit-based system that has resulted in the appointment as Immigration Judges of some widely-recognized experts, with experience representing individuals, and a demonstrated commitment to due process for all; “numerical quotas” for IJs have been eliminated. (Curiously, however, Garland “honored” 17 “transition” Barr judicial selections made under badly flawed selection criteria!)

Yet, overall, EOIR remains largely the disaster zone that Barr left behind. Trump-era anti-asylum Appellate Judges continue to dominate the BIA; many Trump-era IJs still misapply basic immigration legal standards and operate “asylum free zones;” management is weak; training is inadequate; dockets are out of control; respondents and their attorneys are treated unprofessionally; quality control is largely nonexistent; wildly inconsistent “refugee roulette” asylum adjudication remains; an enforcement-skewed culture of “any reason to deny and deport” continues to infect EOIR at all levels; “numbers” are emphasized over quality and fairness; and the DOJ’s OIL often defends indefensible EOIR decisions in Federal Court on the apparent rationale that “it’s only migrants’ lives at stake, so who cares!”

Unhappily, the Biden Administration has barely “scratched the surface” of the badly needed and long overdue common sense reforms needed at EOIR and the DOJ to put the Sessions/Barr abuses behind us and move forward! Barr was a bad AG; but, his ghost continues to haunt the DOJ and those seeking equal justice for all!

🇺🇸 Due Process Forever!

PWS

01-30-23

 

🛡⚔️ “FIGHTING KNIGHTESS OF THE ROUND TABLE” JUDGE (RET.) SUSAN G. ROY HONORED BY NJ STATE BAR ASSN FOR LEGISLATIVE WORK!

Judge Susan G. Roy
Judge (Ret.) Susan G. Roy
Accepting 2023 Legislative Service Award from NJSBA
Judge Susan G. Roy
NJSBA Legislative Service Award to Judge (Ret.) Susan G. Roy
Jan. 2023

Sue writes:

I am honored to have received the NJSBA 2023 Distinguished Legislative Service Award, along with several immigration attorney colleagues. It is always so rewarding to be recognized by fellow attorneys. #immigration #immigrationattorney #njsba

According to the NJSBA:

The Annual Distinguished Legislative Service Award is the highest recognition and The Legislative Recognition Award is to acknowledge noteworthy legislative service. These awards are a yearly opportunity to acknowledge commitment to The NJSBA’s legislative goals and members’ willingness to testify before the State Legislature, prepare amendments and contact legislators on the Association’s behalf.

******************

Congratulations, my friend and colleague! And, thanks for all you do for our Round Table, due process, and fundamental fairness in America! You are an indefatigable force for justice!

Knightess
Knightess of the Round Table

I look forward to being reunited with you, our Round Table colleague Judge Lory Rosenberg, and pro bono maven and course sponsor Rekha Sharma-Crawford on the faculty at the upcoming “Sixth Annual Litigation Trial College” in Kansas City, April 29-May 1! There’s still time to register, here:

https://immigrationcourtside.com/2023/01/11/⚖%EF%B8%8F🗽😎-another-great-ndpa-training-opportunity-join-us-at-the-sharma-crawford-clinic-litigation-boot-camp-in-kansas-city-may-4-6-2023/.

🇺🇸 Due Process Forever!

PWS

01-29-23 

☠️🤮 “LITTLE SHOP OF HORRORS” — HERETOFORE HIDDEN IN THE BOWELS OF EOIR, A TROVE OF “SECRET DECISIONS,” UNFAIR ADVANTAGES FOR DHS, & SHOCKINGLY INCONSISTENT, LOGIC-DEFYING OUTCOMES EXPOSED BY PROF. FAZIA W. SAYED (BROOKLYN LAW) — This Monster Devours Human Lives As AG Merrick Garland, Biden Administration, & Congressional Dems “Look The Other Way!” — A Disturbing & Disgusting Look Inside The Broken Wheels Of Justice @ Garland’s Dystopian Department Of “Justice.” 🏴‍☠️

Little Shop of Horrors
“Little Shop of Horrors:”  Another human life devoured by the “due process eating plant” hidden away in the bowels of the BIA!
PHOTO: Little Shop of Horrors at Grafton High School 14.jpg, Creative Commons License

 

Northwestern University Law Review:

The Immigration Shadow Docket

THE IMMIGRATION SHADOW DOCKET

Articles

By Fazia W. Sayed

Faiza Sayed Assistant Professor of Law and Director of the Safe Harbor Project
Faiza Sayed
Assistant Professor of Law and Director of the Safe Harbor Project
Brooklyn Law School
PHOTO: Brooklyn Law Website

ABSTRACT—Each year, the Board of Immigration Appeals (BIA)—the Justice Department’s appellate immigration agency that reviews decisions of immigration judges and decides the fate of thousands of noncitizens—issues about thirty published, precedential decisions. At present, these are the only decisions out of approximately 30,000 each year, that are readily available to the public and provide detailed reasoning for their conclusions. This is because most of the BIA’s decision-making happens on what this Article terms the “immigration shadow docket”—the tens of thousands of other decisions the BIA issues each year that are unpublished and nonprecedential. These shadow docket decisions are generally authored by a single BIA member and consist overwhelmingly of brief orders and summary affirmances. This Article demonstrates the harms of shadow docket decision- making, including the creation of “secret law” that is accessible to the government but largely inaccessible to the public. Moreover, this shadow docket produces inconsistent outcomes where one noncitizen’s removal order is affirmed while another noncitizen’s removal order is reversed—even though the deciding legal issues were identical. A 2022 settlement provides the public greater access to some unpublished BIA decisions, but it ultimately falls far short of remedying the transparency and accessibility concerns raised by the immigration shadow docket.

The BIA’s use of nonprecedential, unpublished decisions to dispose of virtually all cases also presents serious concerns for the development of immigration law. Because the BIA is the final arbiter of most immigration cases, it has a responsibility to provide guidance as to the meaning of our complicated immigration laws and to ensure uniformity in the application of immigration law across the nation. By publishing only 0.001% of its decisions each year, the BIA has all but abandoned that duty. This dereliction likely contributes to well-documented disparities in the application of immigration law by immigration adjudicators and the inefficiency of the immigration system that leaves noncitizens in protracted states of limbo and prolonged detention. This Article advances principles for reforms to increase transparency and fairness at the BIA, improve the quality, accuracy and

893

N O RT H WE S T E RN U N I V E RS I T Y L A W RE V I E W

political accountability of its decisions, and ensure justice for the nearly two million noncitizens currently in our immigration court system.

AUTHOR—Assistant Professor of Law, Brooklyn Law School. I am thankful to Matthew Boaz, Richard Boswell, Jason Cade, Stacy Caplow, Pooja Dadhania, Elizabeth Isaacs, Kit Johnson, Anil Kalhan, Elizabeth Keyes, Catherine Kim, Shirley Lin, Medha Makhlouf, Hiroshi Motomura, Prianka Nair, Vijay Raghavan, Philip Schrag, Andrew Schoenholtz, Sarah Sherman- Stokes, Maria Termini, Irene Ten-Cate, and S. Lisa Washington for thoughtful conversations and comments on drafts. This Article benefitted from feedback at the New Voices in Immigration Law Panel at the 2022 AALS Annual Meeting, the 2021 Clinical Law Review Writers’ Workshop at NYU, and the junior faculty workshop at Brooklyn Law School. I am grateful to Benjamin Winograd and Bryan Johnson for helpful conversations about the Board, unpublished decisions, and FOIA, and to David A. Schnitzer and Visuvanathan Rudrakumaran for discussions about the Andrews and Uddin cases. Thank you to Emily Ingraham for outstanding research assistance and to the editors of the Northwestern University Law Review for excellent editorial assistance. Financial support for this Article was provided by the Brooklyn Law School Dean’s Summer Research Stipend Program.

**********************

Professor Sayed has written an “instant classic” that should be a staple for future historians assessing the legal career and impact of Merrick Garland and how the Democratic Party has failed humanity time again on immigrant justice when the stakes were high and the solutions achievable!

Here’s my “favorite” part:

In 1999, Attorney General Janet Reno attempted to deal with the BIA’s rapidly increasing backlog of appeals by implementing “streamlining rules” that made several changes to the way the Board operated.41 Most importantly, certain single permanent Board members were now permitted to affirm an IJ’s decision on their own and without issuing an opinion.42 The Chairman of the BIA was authorized both to designate certain Board members with the authority to grant such affirmances and to designate certain categories of cases as appropriate for such affirmances.43 Finally, Attorney General Reno increased the size of the Board to twenty-three members.44 Evaluations of the reforms found that they “appear to have been successful in reducing much of the BIA’s backlog” and “there was no indication of ‘an adverse effect on non-citizens.’”45

Despite the documented success of Attorney General Reno’s reforms, in 2002, Attorney General John Ashcroft announced controversial plans to further streamline the BIA’s decision-making.46 These rules “fundamentally changed the nature of the BIA’s review function and radically changed the composition of the Board.”47 To support the reforms, Ashcroft cited not only the backlog but also “heightened national security concerns stemming from September 11.”48 The reforms included making single-member decisions the norm for the overwhelming majority of cases and three-member panel decisions rare, making summary affirmances common, and reducing the size of the Board from twenty-three members to eleven.49 A subsequent study found that Attorney General Ashcroft removed those Board members with the highest percentages of rulings in favor of noncitizens.50 As a result of the reforms, outcomes at the BIA became significantly less favorable to noncitizens,51 and the federal circuit courts received an unprecedented surge of immigration appeals.52

In the wake of harsh criticism of immigration adjudications by federal circuit courts, Attorney General Alberto Gonzales directed the DOJ to conduct a comprehensive review of the immigration courts and the Board in 2006. Based on this review, Attorney General Gonzalez announced additional reforms “to improve the performance and quality of work” of IJs and Board members.53 The most significant change was the introduction of performance evaluations, which include an assessment of whether the Board member adjudicates appeals within a certain time frame after assignment.54 Scholars have explained that “the performance evaluations give an incentive to affirm rather than reverse IJs by emphasizing productivity, and because immigrants file the overwhelming number of appeals with the BIA . . . the incentive to affirm means outcomes that favor the government.”55

The Trump Administration once again transformed Board membership. Board members whose appointments predated the Trump Administration were reassigned after refusing buyout offers,56 and the Administration expanded the Board to add new members.57 Most of the new Board members appointed under the Trump Administration had previously served as IJs,

where they had some of the highest asylum denial rates in the country.58

Garland has failed to replace the asylum denying judges who were “packed” onto the BIA during the Trump era with qualified real judges who are experts in asylum law, unswervingly committed to due process, and able to set proper precedents and enforce best judicial practices. That’s a key reason for the “prima facie arbitrary and capricious inconsistencies’ in EOIR asylum grant rates — 0% to 100% — a rather large range!

Moreover, while the overall grant rate rate at EOIR has recently risen to 46%, that’s certainly NOT the impression given by the BIA’s recent almost uniformly negative and discouraging asylum “precedents.” https://www.lexisnexis.com/legalnewsroom/immigration/b/outsidenews/posts/speeding-up-the-asylum-process-leads-to-mixed-results-trac .

The latter read like a compendium of legally and factually questionable “how to deny asylum and get away with it” instructions. Absent is any hint of the properly fair and generous treatment of asylum seekers required by the Supremes in Cardoza-Fonseca and once echoed in BIA precedents like Mogharrabi, Kasinga, Chen, Toboso-Alfonso, A-R-C-G-, and O-Z- & I-Z- .

Some well-reasoned grants that could be widely applied to recurring situations are also buried on the “shadow docket.” At the same time, as cogently described by Professor Sayed, cases with almost identical facts that resulted in denial are also hidden there. This system is simply NOT functioning in a fair, reasonable, and legally sound manner. Not even close! Yet, Garland has not brought in competent expert judicial administrators and managers at EOIR who recognize the problems and would make solving them, rather than aggravating them, “priority one!” Why?

Contrast that with the enlightened movement among American Law Schools to promote immigration “practical scholars” and clinicians to administrative positions in recognition of their inspirational leadership and superior “real life” problem-solving skills! It’s as if Garland and the rest of Biden’s inept immigration bureaucracy operate in a “parallel universe” where immigration, human rights, and racial justice don’t exist!

Not surprisingly, some of the BIA’s best and most useful guidance on asylum came before the “Ashcroft purge.” But, they still remain “good law” that Immigration Judges can use, despite the “any reason to deny” culture reflected by today’s “Trump holdover” BIA. Curiously, this negative asylum “culture” is tolerated and enabled by Garland, even though it directly contradicts promises made by Biden and other Dem politicos during the 2020 campaign! Why?

The Obama Administration also did not act to undo the damaging changes made during the Bush Administration. Thus, the ambivalent attitude of Dem Administrations toward justice for immigrants and building a fair, functional BIA has much to do with the current dysfunctional, unfair, and horribly administered mess at EOIR!

I was one of those BIA judges removed during the “Ashcroft purge,” essentially for “doing my job,” ruling fairly, and upholding the rule of law. Notably, many of the views of the “purged” judges were eventually reflected in Court of Appeals, and even a Supreme Court, reversals of the BIA. 

Once “exiled” to the Arlington Immigration Court, except where bound by contrary BIA precedent, I ruled the same way that I had in many of the cases coming before me at the BIA. Guess what? I was seldom reversed by my former colleagues! I used to quip that “I finally got the ‘deference’ that I never got as Chair or a BIA judge.”

ICE appealed relatively few asylum and/or withholding grants; surprisingly often, their “closing summary” actually echoed what likely would have been in my final oral opinion, had it been been necessary to issue one. A number of BIA reversals by the Fourth Circuit Court of Appeals during my Arlington tenure made points that I, and/or my ”purged colleagues,” had raised in vain during my time on the BIA. A few even involved poorly-reasoned attempts by the BIA to reverse some of my decisions granting relief!

And, oh yes, there were the gross inconsistencies in unpublished “panel” decisions. Once, an Arlington colleague and I came down with opposite conclusions on whether a particular Virginia crime, on which there was then no BIA precedent, involved “moral turpitude.” Within a week of each other, we both received an answer from different BIA panels. We BOTH were reversed! As we joked at lunch, the only consistent rationale from the BIA was that “the IJ was wrong!”

The current BIA is a continuing blot on American justice, The same information and resources available to Professor Sayed in writing this article were available to Garland. How come she “gets” it and he (and his lieutenants) don’t? Why didn’t Garland hire Professor Sayed and a team of other experts like her to straighten out and rejuvenate EOIR? 

And, let’s not forget that the increased public access to the “shadow docket,” even if still inadequate, is NOT the result of EOIR wanting to provide more transparency or any enlightened reforms stemming from Garland. No, it required aggressive litigation by the New York Legal Assistance Group (“NYLAG”) against EOIR to force even these improvements!

Does the public REALLY have to sue to get basic services and information that a properly functioning USG agency should already be providing? Merrick Garland seems to think so! How is this the “good government,” promised but not delivered by Biden in the critical areas of immigration, human rights, and racial justice?

Vulnerable asylum seekers and others whose lives depend on a just, professional, expert EOIR deserve better! Much, much better! The inexplicable and disastrous failure and refusal of Garland and the Biden Administration to deliver on the promise of due process and equal justice at EOIR will likely haunt the Democratic Party and our nation well into the future. As my friend Jason “The Asylumist” Dzubow would say, “It didn’t have to be this way!”

🇺🇸 Due Process Forever!

PWS

01-28-23

🤮☠️ EGREGIOUS “ETHNOCENTRIC” JUDGING! — BIA IGNORES RECORD IN FABRICATED DENIAL OF GUATEMALAN  CLAIM — 3RD CIR PUZZLED BY BIA’S CONDUCT: “At times, the IJ’s decision completely conflicts with the record. Yet, for reasons that are not at all apparent, the BIA affirmed the IJ’s decision in its entirety.“

Four Horsemen
BIA Asylum Panel cutting down the backlog by trampling asylum seekers and their legal rights! Guatemalans are a favorite target for Garland’s “Band of Bullies” at EOIR. 
Albrecht Dürer, Public domain, via Wikimedia Commons

 

Dan Kowalski reports for LexisNexis Immigration Community:

https://www.lexisnexis.com/legalnewsroom/immigration/b/insidenews/posts/ca3-on-guatemala-law-facts-and-standard-of-review-saban-cach-v-atty-gen

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Daniel M. Kowalski

25 Jan 2023

  • persecution
  • standard of review
  • Guatemala
  • asylum

CA3 on Guatemala, Law, Facts and Standard of Review: Saban-Cach v. Atty. Gen.

Saban-Cach v. Atty. Gen.

“Based on past experiences, if returned to Guatemala, Selvin Heraldo Saban-Cach fears being persecuted by a local gang because of his identity as an indigenous person. Accordingly, he seeks withholding of removal under the Immigration and Nationality Act and protection from removal under the Convention Against Torture. The Immigration Judge denied his applications and ordered his removal, and the Board of Immigration Appeals affirmed. This petition for review followed. For the reasons that follow, we will grant the petition, vacate the BIA’s decision, and remand for further proceedings consistent with this opinion. … Although the BIA need not write an overly detailed explanation of its review of an IJ’s decision, it must provide an adequate explanation of its ruling and afford us an opportunity to review it. Here, the BIA did neither. At times, the IJ’s decision completely conflicts with the record. Yet, for reasons that are not at all apparent, the BIA affirmed the IJ’s decision in its entirety. … The BIA must review the first, factual question for clear error and the second, legal question de novo. In affirming the IJ’s decision of the second question regarding acquiescence, the BIA concluded that it found “no clear error in the [IJ]’s predictive fact-finding.” Accordingly, in addition to not bifurcating the Myrie step-two inquiry, the BIA also erred by applying this heightened standard of review to a legal question. Because of these errors, “we have little insight into the basis for [the BIA’s] determination that the IJ’s opinion ‘clearly reflects that [s]he used the proper “willful blindness” standard in relation to the issue of acquiescence.’” Accordingly, on remand the BIA needs to reassess each question.”

[Hats way off to Stephanie Norton, CSJ Practitioner-in-Residence, Detained Immigrant Project Education, Seton Hall!]

Stephanie Norton
Stephanie Norton
CSJ Practitioner-in-Residence, Detained Immigrant Project Education, Seton Hall Law
PHOTO: Seton Hall Law website

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Congratulations to NDPA star Stephanie Norton! This is yet another example of the great talent “out here” who could replace mal-functioning EOIR judges. Human lives are at stake, this system is dysfunctional, crying out for bold reforms! Wonder how the Dems will try to “spin” their miserable performance at EOIR in 2024?

The IJ’s and BIA’s findings of “no past persecution” in this case rise to the level of absurd! Here’s what happened:

The BIA recognized that gang members had attacked Saban-Cach on multiple occasions and that the worst attack left him unconscious after he was stabbed with a broken glass bottle. However, the BIA agreed with the IJ that, in the aggregate, this abuse did not rise to the level of persecution. The BIA explained that, “because most of the incidents did not involve physical injuries, and because the worst attack did not require him to seek professional medical care for his physical injuries, the applicant did not establish harm rising to the level of past persecution.”

Come on man! No competent, fair minded judge would reach such a totally ridiculous conclusion based on such shallow, specious, and basically “made up reasoning!” Not incidentally, it also directly conflicted with Circuit precedent as well as with the realities of life in Guatemala!

The BIA also ran roughshod over its OWN binding precedent, Matter of O-Z- & I-Z-, 23 I&N Dec. 22 (BIA 1998) (cumulative harm is persecution), which should have made a finding of past persecution a “no brainer” for a panel of competent asylum adjudicators! The sloppy, biased, “any reason to deny” culture at EOIR is a major cause of their out of control backlog. Efforts to deny easily grantable cases, and failure to direct wayward asylum-denying IJs to get it right in the first place, is a drag on our entire justice system — all the way up to the Courts of Appeals!

That’s because EOIR’s “any reason to deny” approach to asylum encourages, and often rewards, frivolous litigating positions by ICE, discourages stipulations and settlements in cases that should easily be granted, and results in OIL taking ethically and legally flawed positions in the Courts of Appeals. For example, in this case the 3rd Circuit characterized parts of OIL’s position as “disingenuous,” “puzzling and disappointing,” and pointedly stated that “[r]egrettably, the government’s response brief doubles down on this inaccuracy.”

So, these are the legal quality and ethical standards set at DOJ by AG Merrick Garland, a former Circuit Judge himself who certainly should be expected to “know better.” Apparently, in his view, due process, fundamental fairness, impartial adjudication, adherence to the law, judicial and legal ethics don’t apply when it’s “only migrants” whose lives are at stake! While this is a common approach from White Nationalist GOP politicos, don’t we deserve better from a Dem Administration that claims to care about racial justice, but whose actions with respect to migrants say otherwise?

The court also blasted EOIR for “ethnocentric” judging and failure to fairly evaluate cases.

We have previously cautioned IJs and the BIA against ethnocentric evaluations of petitioners’ resources. Petitioners primarily come from countries in the poorest and most dangerous regions of the world. Any presumption that they enjoy the same kinds of resources as their adjudicators is shortsighted and unfair. Unless the record supports it, IJs and the BIA should not assume that their own views of appropriate medical care and its ready accessibility make up a universal reality.

Petitioners for relief under the asylum system must be afforded the just hearing that due process and basic fairness demands. The immigration system can only provide a fair and neutral determination of the claims of people from different cultural and economic circumstances if adjudicators diligently avoid unrealistic assumptions about petitioners’ circumstances.

Any competent asylum practitioner would understand what the court is getting at. But, EOIR IJs at both the trial and appellate level make these basic mistakes time after time.

The 3rd Circuit and other courts might claim to find the BIA’s “entire” affirmance of a decision often in “complete conflict” with the record to be inexplicable. But, WE know that it’s because the “deportation assembly line” works on the “principle” of “any reason to deny” and “keep cranking out those final orders of removal.” To Hell with justice, quality, fairness, and the human lives involved!

Also, Guatemalan applicants, along with others from the Northern Triangle, are “de facto disfavored” in EOIR’s asylum adjudications. That’s right “in line” with the bias against asylum seekers from the Northern Triangle exhibited by both the Trump and Biden Administrations. See, e.g., https://immigrationcourtside.com/2023/01/25/historical-perspective-from-yael-schacher-refugees-international-biden-administrations-bias-against-refugees-fleeing-the-northern-triangle-is-baked-into-the-prob/.

It’s also part of an ingrained institutional bias at EOIR against asylum seekers from the Northern Triangle and Latin America that Garland has failed effectively to address! See, e.g.,  https://immigrationcourtside.com/justice-betrayed-the-intentional-mistreatment-of-central-american-asylum-applicants-by-the-executive-office-for-immigration-review/;  https://immigrationcourtside.com/appellate-litigation-in-todays-broken-and-biased-immigration-court-system-four-steps-to-a-winning-counterattack-by-the-relentless-new-due-process-army/.

This disasterous, backlogged, “star chamber system” is neither appropriately staffed nor competently operated to afford individuals “the just hearing that due process and basic fairness demands.” How is this due process and fundamental fairness required by our Constitution?

Star Chamber Justice
“Justice”
Star Chamber
Style. — AG Merrick Garland appears to be blissfully unconcerned about the methods applied by too many of his EOIR “judges,” and his DOJ attorneys who “run interference” for them, to achieve “removal for any reason, at any cost!”

Until a court has the guts to “pull the plug” on EOIR’s ongoing, deadly clown show 🤡, declare it unconstitutional, and require at least minimal due process reforms, these outrages will continue! “Puzzling” about recurring miscarriages of justice at EOIR, as the 3rd Circuit did here, is one thing; acting decisively to enforce the Constitution by stopping the abuse, once and for all, is quite different. Requiring EOIR judges with demonstrated expertise in asylum law, willing to professionally review records, and decide cases of asylum seekers correctly, without “ethnocentrism” or bias, would be a logical starting point! It should be a “no brainer!”

Clown Court
“When you walk into your EOIR ‘courtroom’ and this guy takes the bench, you’re probably in for a BAD day! Isn’t it time to finally END the ‘Clown Show’ in our dystopian Immigration ‘Courts?'”
PHOTO: Clown Civertan.jpg, Creative Commons License

🇺🇸Due Process Forever!

PWS

01-27-23

⚖️🛡⚔️ROUND TABLE AMICUS BRIEF IN SUPREMES’ SANTOS-ZACARIA V. GARLAND (EXHAUSTION BEFORE EOIR) GETS “PLAY” ON “STRICT SCRUTINY PODCAST” WITH PROFESSORS LEAH LITMAN (MICHIGAN LAW) & KATE SHAW (CARDOZO LAW)!

Professor Kate ShawCardozo Law PHOTO: Cardozo Law Website
Professor Kate Shaw
Cardozo Law
PHOTO: Cardozo Law Website
Professor Leah Litman
Professor Leah Litman
University of Michigan Law
PHOTO: Michigan Law Website

Kate and Leah were live from the University of Pennsylvania in Strict Scrutiny’s first live show of 2023! Penn Law Professor Jasmine E. Harris joined the hosts to recap arguments in a case that could impact disability rights. Kate and Leah recap two other arguments, in a case about immigration law and another about the ability to criminally prosecute corporations owned by foreign states. Plus, a major update about the Supreme Court’s “investigation” into who leaked the draft opinion of Dobbs last spring. And Temple University Law School Dean Rachel Rebouche joined the hosts to talk about some concerning updates in abortion access– an unfortunately commemoration of the 50th  anniversary of Roe v. Wade.
• Here’s the report summarizing the Supreme Court’s investigation into who leaked the Dobbs opinion. (TLDR: they still don’t know who did it, but they tried their best? Former United States Secretary of Homeland Security Michael Chertoff said so.)

To hear the comments on our amicus brief “tune in” at 14:00 (lots of other “interesting commentary” on other cases if you listen to the entire program):

https://podcasts.apple.com/us/podcast/strict-scrutiny/id1469168641?i=1000596018641

Here’s a copy of our amicus brief drafted by our pro bono heroes at Perkins Coie LLC:

Round Table Amicus Santos Zacaria v. Garland

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“With the highest possible human stakes,” amen, Kate! I get that, you get that, those stuck in the “purgatory of EOIR” get that! But, sadly, Biden, Harris, Garland, Mayorkas, their too often bumbling bureaucrats, and a whole bunch of Federal Judges at all levels DON’T “get” the dire human consequences and the practical impact of many of their decisions. That’s particularly true of those that give EOIR a “pass” on bad interpretations, opaque procedures, and a “super-user-unfriendly” forum that all too often defies logic and common sense!  If they did “get it,” EOIR wouldn’t be the dystopian, likely unconstitutional, and life-threatening mess that it is today!

All you have to do is imagine yourself to be an unrepresented individual, who doesn’t speak English, on trial for your life in this messed up and unaccountable “court” system that holds millions of lives in its fumbling hands! Seems like a “modest ask” for those who have risen to the Federal Bench. But, for many, it’s a “bridge too far!” Let’s just hope that the Court does the “right thing” here!

Thanks to Round Table Maven Judge “Sir Jeffrey” Chase for spotting this!

🇺🇸 Due Process Forever!

PWS

01-26-22

🤮☠️ THE COLLATERAL DAMAGE FROM GARLAND’S “AIMLESS DOCKET RESHUFFLING” (“ADR”) A/K/A “PLANNED CHAOS” IS DEVASTATING THE LEGAL PROFESSION! 🏴‍☠️ — Jason “The Asylumist” Dzubow Reports!

Immigration Lawyers Fleeing
Immigration lawyers – seen here fleeing the profession.

https://www.asylumist.com/2023/01/18/court-chaos-creates-collateral-consequences/

Court Chaos Creates Collateral Consequences

January 18, 2023

Immigration Courts across the U.S. have been randomly rescheduling and advancing cases without regard to attorney availability or whether we have the capacity to complete our cases. The very predictable result of this fiasco is that lawyers are stressed and overworked, our ability to adequately prepare cases has been reduced, and–worst of all–asylum seekers are being deprived of their right to a fair hearing. Besides these obvious consequences, the policy of reshuffling court cases is having other insidious effects that are less visible, but no less damaging. Here, I want to talk about some of the ongoing collateral damage caused by EOIR’s decision to toss aside due process of law in favor of reducing the Immigration Court backlog.

As an initial matter, it’s important to acknowledge that the Immigration Court backlog is huge. There are currently more than 2 million pending cases, which is more than at any time in the history of the Immigration Court system. To address this situation, EOIR (the Executive Office for Immigration Review – the office that oversees our nation’s Immigration Courts) has been working with DHS (the prosecutor) to dismiss low-priority cases, where the non-citizen does not have criminal issues or pose a national security threat. Also, the U.S. government has been doing its best to turn away asylum seekers at the Southern border, which has perhaps slowed the growth of the backlog, but has also (probably) violated our obligations under U.S. and international law.

In addition, EOIR has been hiring new Immigration Judges (“IJs”) at a break neck pace. In the past few years, there has been a dramatic increase in the number of IJs nationwide, though some parts of the country have received more judges than others. In those localities with lots of new IJs, EOIR has been advancing thousands of cases. The goal is to complete cases and reduce the backlog. Why EOIR has failed to coordinate its new schedule with stakeholders, such as respondents and immigration attorneys, I do not know.

What I do know is that EOIR’s efforts have created great hardships for attorneys and respondents (respondents are the non-citizens in Immigration Court). Also, I expect that this whole rescheduling debacle will have long-term effects on the Immigration Courts, as well as on the immigration bar.

The most obvious effect is that lawyers and respondents simply do not have enough time to properly prepare their cases. When a hearing was set for 2025 and then suddenly advanced to a date a few months in the future, it may not be enough time to gather evidence and prepare the case. Also, this is not occurring in a vacuum. Lawyers (like me) are seeing dozens of cases advanced without warning, and so we have to manage all of those, plus our regular case load. So the most immediate consequence of EOIR’s policy is that asylum seekers and other respondents often do not have an opportunity to present their best case.

Perhaps less obviously, lawyers are being forced to turn work away. We can only competently handle so many matters, and when we are being assaulted day-by-day with newly rescheduled cases, we cannot predict our ability to take on a new case. In my office, we have been saying “no” more and more frequently to potential clients. Of course, this also affects existing clients who need additional work. Want to expedite your asylum case? Need a travel document to see a sick relative? I can’t give you a time frame for when we can complete the work, because I do not know what EOIR will throw at me tomorrow.

One option for lawyers is to raise prices. We have not yet done that in my office, but it is under consideration. What we have done is increase the amount of the down payment we require. Why? Because as soon as we enter our name as the lawyer, we take on certain obligations. And since cases now often move very quickly, we need to be sure we get paid. If not, we go out of business. The problem is that many people cannot afford a large down payment or cannot pay the total fee over a shortened (and unpredictable) period of time. The result is that fewer non-citizens will be able to hire lawyers.

Well, there is one caveat–crummy lawyers will continue to take more and more cases, rake in more and more money, and do very little to help their clients. Such lawyers are not concerned about the quality of their work or doing a good job for their clients. They simply want to make money. EOIR’s policy will certainly benefit them, as responsible attorneys will be forced to turn away business, those without scruples will be waiting to take up the slack.

Finally, since EOIR is increasing attorney stress and burnout to untenable levels, I expect we will see lawyers start to leave the profession. I have talked to many colleagues who are ready to go. Some are suffering physical and mental health difficulties due to the impossible work load. Most immigration lawyers are very committed to their clients and have a sense of mission, but it is extremely difficult to work in an environment where you cannot control your own schedule, you cannot do your best for your clients, you cannot fulfill your obligations to your family and friends, and where you are regularly abused and treated with contempt. Long before EOIR started re-arranging our schedules, burnout among immigration lawyers was a serious problem. Today, that problem is exponentially worse, thanks to EOIR’s utter disrespect for the immigration bar. I have little doubt that the long term effect will be to drive good attorneys away from the profession.

For me, the saddest part of this whole mess is that it did not have to be this way. EOIR could have worked with attorneys to advance cases in an orderly manner and to ensure that respondents and their lawyers were protected. But that is not what happened. Instead, EOIR has betrayed its stated mission, “to adjudicate immigration cases by fairly, expeditiously, and uniformly interpreting and administering the Nation’s immigration laws.” Respondents, their attorneys, and the immigration system are all worse off because of it.

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Jason Dzubow
Jason Dzubow
The Asylumist

“For me, the saddest part of this whole mess is that it did not have to be this way.” Amen, Jason! Me too! And, I think I speak for most, if not all, of my esteemed colleagues on the Round Table of Former Immigration Judges and BIA Members.”⚔️🛡

In addition to betraying its mission “to adjudicate immigration cases by fairly, expeditiously, and uniformly interpreting and administering the Nation’s immigration laws,” EOIR has trashed its noble once-vision: “Through teamwork and innovation be the world’s best administrative tribunals guaranteeing fairness and due process for all!”

The use of the word “uniformity” in EOIR’s “mission” is an absurdity given the “range” of asylum denials fostered and tolerated by Garland’s dysfunctional system: 0-100%! It’s also understandable, if unforgivable, that EOIR no longer features words like “due process,” “fundamental fairness,” “teamwork,” and “innovation” prominently on its website!

A Dem AG is attacking our American justice system and the legal profession at the “retail level” and causing real, perhaps “irreparable,” damage! What’s wrong with this picture? Everything! What are we going to do about it? Or, more appropriately, what are YOU going to do about it, as my time on the stage, and that of my contemporaries, is winding down?

🇺🇸Due Process Forever!

PWS

01-24-23

🤯 DEMS’ IMMIGRATION & RACIAL JUSTICE FAILURES BEGIN WITH REFUSAL TO BRING PRACTICAL EXPERTISE, INDEPENDENT PROFESSIONAL ADMINISTRATION, & MORE REAL JUDGES COMMITTED TO DUE PROCESS, HIGHEST QUALITY, & RULE OF LAW TO EOIR! — “[A] never-ending crisis at the border can be exploited by one party, as the other expands the needlessly punitive immigration practices of the previous administration.“

Jarod Facundo
Jarod Facundo
Writing Fellow
The American Prospect
PHOTO: The American Prospect

https://prospect.org/justice/2023-01-19-immigration-case-backlog-title-42/

JAROD FACUNDO in The American Prospect:

. . . .

All of these particularities matter, because once all available options have been exhausted, cases generally end up inside an immigration court before an immigration judge. The administrative snarls that predate a case before it arrives in immigration court are thus a result of policy from the top, for better or worse.

On paper, courts are supposed to be independent bodies. They are supposed to be immune from the political agendas of other government operatives or serve as independent mediators that can rectify previous errors.

But immigration courts are not. As a part of the Justice Department, at the end of the day, they work under the attorney general. While other courts function under a de jure practice of independence, immigration courts are held to the same standard despite not possessing the same protections that allow other judges to carry out their basic job functions. This creates an impossible work environment for immigration judges to fairly adjudicate every case with the attention it deserves. Instead, their measurements of success are based on accomplishing the president’s goals, which are translated into quotas for immigration courts. For example, Biden administration officials touted removing 1.3 million migrants last year.

As the Prospect has previously reported, immigration judges have long pointed out the tenuous environment they must work in.

But later this month, the Federal Labor Relations Authority (FLRA) will be hearing from the National Association of Immigration Judges (NAIJ) over whether or not their union will be reinstated. The FLRA will now have a majority of Biden appointees.

A dysfunctional immigration system can only start to work with independent courts. But that change can only happen through congressional action. In the meantime, a never-ending crisis at the border can be exploited by one party, as the other expands the needlessly punitive immigration practices of the previous administration.

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Many thanks to prodigious immigration commentator Nolan Rappaport for passing this along to me.

There is consensus among experts that an independent Article I Immigration Court is urgently needed and long overdue. There is also a consensus that the chance of achieving this critical legislative change with a GOP-controlled House is zero. At the same time, we must remember that Dems didn’t exactly give any priority to this essential and far-reaching reform when they had “unified control” over the political branches.

There is also consensus that in the absence of Article I there are things that Garland and the Biden Administration could and should have done administratively that would have drastically improved the due process, expertise, quality, efficiency, “customer service,” and professionalism of EOIR. 

Gee whiz, a Harvard Law student figured it out! They have  constructive suggestions for administrative reforms to change culture, improve training, place docket control in the hands of judges not politicos and bureaucrats, increase independence, improve quality, and insulate IJs from the political whims and enforcement agendas of each Administration. See https://wp.me/p8eeJm-8hE? 

But, a Harvard Law grad, long-time Federal Judge, and Supremes’ nominee, and his band of supposedly smart and high-powered political lieutenants couldn’t or wouldn’t get it done for a Dem Administration? Gimmie a break! 

A Dem Administration that was supposed to get us beyond the cruelty, White Nationalism, xenophobia, and “malicious incompetence” of the Trump Administration falls flat on its face on a critical and achievable part of immigration reform and racial justice in America! Go figure! 

Meanwhile, the cries of pain keep coming from those subjected to Garland’s dystopian “courts!”

  • Had an “interesting” IH today with this IJ. [IJ] denied my motion to continue the case by email the evening before the 8:30 am hearing, even though I had four IHs scheduled in the same time slot and had filed a motion to continue a month before the hearing. [IJ] refused to grant me a few minutes to speak with OPLA counsel before the hearing to narrow issues, saying that discussion should have already taken place.  [IJ] spent an inordinate amount of time on housekeeping issues. [IJ] read a list of “rules.” [IJ] would insist that counsel stand when they spoke. [IJ] would routinely deny motions for webex hearings. [IJ] went through the biographical information excruciatingly slowly, including having the respondent spell the names of all the riders, provide their birth dates, etc. 

    • It was a case where DHS had stipulated to 42b and the only issue would’ve been discretion but the IJ didn’t care. [IJ] told me to let everyone know that [IJ] reads each and every single document submitted in . . . court from back to front and . . . has a lot of questions . . . . [IJ] went on to conduct a full hearing, chastised DHS for stipulating, made a big deal of every little thing, asked irrelevant questions about medicaid forms that [client] may have filled for her children (not included as part of evidence), insinuated that she committed medicaid fraud, and made the ACC change position on each and every issue.

  • [The IJ] denied the asylum application of a young gay man from El Salvador. This is a first for me, in my 20+ years of asylum practice. We’ve never lost such a case that I can recall.

    • The facts are pretty typical – the kid lived a life of humiliation and abuse in El Salvador due to his sexual orientation; tried to commit suicide several times; and ultimately left the country when the Mara 18 tried to get him to deliver marijuana for them. Arguably, not a strong case for past persecution, but such cases typically prevail where a judge fairly evaluates a claim of well-founded fear of future persecution and considers the country condition reports and articles about the horrendous human rights abuses against the LGBT community in El Salvador. This didn’t fly with IJ. [IJ] simply said “there is no meaningful evidence in the record to demonstrate that the Respondent would experience harm amounting to persecution in El Salvador” and then went on to say that the client would likely experience more bullying and discrimination, but that doesn’t mean it would be persecution. [IJ] did not mention any country conditions report or article from the record to support his ruling.

    • [T]he DHS attorney called me directly after the hearing to empathize and tell me that it’s well-known even on their side that this judge is a piece of work and it’s always a good idea to take PD if offered.

    • [T]his judge is a menace. I don’t know what to do to protect my clients from [IJ] other than prepare strong BIA appeals.

  • This is the third email I have received to schedule MORE cases. No one will tell me what the goal is. I’ve put them on notice of the health issues this is/has been causing me.

    • Please tell the higher ups that this practice of overscheduling the private bar is taking a serious toll on practitioners’ health. Medical documentation is below and attached. I’m really not sure why the court has felt the need to overschedule practitioners to this level, but it is really taking a serious toll on everyone.  Can someone please shed light on this urgent need to overwhelm the limited number of defense attorneys we have in the area?

  • Another outstanding Immigration Court practitioner told me that they had left courtroom practice and taken a “research and writing” position because the EOIR courtroom “experience” under Garland was so dehumanizing, demoralizing, stressful, and life consuming!

 

  • A different attorney called me with concerns that an IJ’s “over the top” abuse of pro bono counsel would discourage others from taking cases in Immigration Court.

IJ’s wasting time; discouraging negation and stipulation by parties; taking over hearings; abusing continuance discretion; failing to abide by Cardoza & Mogharrabi; showing bias; producing wildly inconsistent anti-immigrant results; showing thin knowledge of law; rudely treating counsel and clients; over-scheduling; abusing power; endangering the health of those appearing before them; driving practitioners to leave the EOIR courtrooms; discouraging pro bono!

Everything that is NOT what a fair, independent, court of law should be is present and allowed, perhaps even encouraged, in Garland’s broken EOIR! Why is this type of grotesque mismanagement, bad judging, unprofessional conduct, and disregard of fundamental due process “business as usual” under a Dem Administration? 

This “star chamber” system needs new, expert, progressive, due-process-focused, free from political hackery and inane gimmicks, “kick-ass” management! Garland isn’t getting the job done!

Meanwhile, the Biden Administration’s incredibly short-sighted and legally flawed “Miller Lite” asylum and border policies, of which Garland’s broken EOIR and unwillingness to stand up for human rights are a critical part, have “gone over like a lead balloon” with younger progressive Dems in Congress. See, e.g., https://link.vanityfair.com/click/30312106.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.

These younger progressives are exactly the “core support” that Dems will need to win future elections! How does “dissing” them with inept leadership and ineffective nativist-derived immigration policies help the cause?

Honestly, what a mess! Garland’s dystopian EOIR is the Democratic Party’s shame!

🇺🇸 Due Process Forever!

PWS

02-22-23

⚖️”CONVENTIONAL WISDOM” SAYS YOU CAN’T WIN IMMIGRATION CASES IN THE 5TH CIR. — NDPA SUPERLITIGATOR RAED GONZALEZ SAYS “POPPYCOCK!”  — He Buries Garland’s Backlog-Building Scofflaw BIA Again On Pereira Issue! — Will They Ever Learn? — Don’t Count On It!

 

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/unpub-ca5-equitable-tolling-victory-lara-canales-v-garland

Dan Kowalski
Dan Kowalski
Online Editor of the LexisNexis Immigration Law Community (ILC)

Dan Kowalski reports for LexisNexis Immigration Community:

pastedGraphic.png

Daniel M. Kowalski

19 Jan 2023

Unpub. CA5 Equitable Tolling Victory: Lara Canales v. Garland

Lara Canales v. Garland

“This appeal arises from the Board of Immigration Appeals’ (BIA) denial of Karla Yadira Lara Canales’s motion to reopen her removal proceedings. The BIA denied her motion to reopen as untimely, leaving the order of removal in place. We now VACATE the BIA’s denial of Lara Canales’s motion to reopen and REMAND so that the BIA may properly consider whether Lara Canales is entitled to equitable tolling. … [E]ach of the BIA’s bases for determining that Lara Canales had not accrued the continuous physical presence required for eligibility of cancellation of removal was legal error. We now hold that Lara Canales is statutorily eligible to seek cancellation of removal. However, this holding does not automatically entitle Lara Canales to have her motion to reopen heard on the merits. The BIA must, upon remand, engage in the fact-intensive determination of whether the 90-day deadline on motions to reopen should be tolled because of the extraordinary circumstance presented by Pereira. If the BIA determines Lara Canales satisfies the requirements for equitable tolling, she may then present her motion for a determination on its merits. We therefore VACATE the BIA’s denial of Lara Canales’s motion to reopen and REMAND this case for further consideration not inconsistent with this opinion.”

[Hats off once again to superlitigator Raed Gonzalez!]

Raed Gonzalez ESQ
Raed Gonzalez ESQUIRE
Chairman, Gonzalez Olivieri LLP
Houston, TX
PHOTO: best lawyers.com

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Thanks Raed for continuing to lead the fight for justice in “America’s worst ‘court’ system” in America’s most right-wing Circuit!

THIS “any reason to deny mentality” at EOIR, still being promoted by Garland’s BIA, combined with incredibly inept and unprofessional “administration” of EOIR by DOJ, is why the Immigration Court is broken and being crushed by unending backlogs, daily chaos, and a travesties of justice and sound government!

The Biden Administration pretends like the problem doesn’t exist and/or isn’t important enough to fix. But, I can assure you that they are WRONG! “Dead wrong” in some cases! 

In addition to the public manifestations of dysfunction and unprofessionalism like this case, I get regular e-mails from NDPA members relating their own EOIR horror stories and venting their frustrations with the arrogant “above the fray/what me worry about humanity and those defending it” attitude of Garland and the rest of the Biden Administration responsible for the ongoing EOIR catastrophe!

I strongly doubt that Garland, Monaco, Gupta, Prelogar, and the rest of the DOJ “clueless crew” responsible for this indelible blot on American justice would last 60 days if required to practice exclusively before EOIR under the unfathomably horrible, due-process-denying conditions they have promoted and enabled over their past two years of horrible legal “leadership!” As aptly stated by one practitioner who recently contacted me:

“Things in Immigration Court will never be the same, but I at least expected attention to due process.  Nope, IJ’s are more interested in getting the cases done.”

How is this appropriate conduct from a Dem Administration that claims to value human lives, racial justice, and the rule of law, but whose actions at EOIR (and elsewhere in immigration and human rights) say the exact opposite? Poorly functioning as EOIR was when I retired in 2016, the “anecdotal consensus” from practitioners seems to be that it’s measurably worse now under Garland’s inept leadership! “Come on man,” this just isn’t right!

After all this time (17 years since the BIA’s supposedly “final” order), this case is still not complete! It’s back at the BIA for yet another chance for them to deny on specious, legally incorrect grounds. One possibility is to misapply the “equitable tolling” concept mentioned by the 5th Circuit. The BIA has a long, disgraceful record of resisting and mis-applying equitable tolling.

Or, perhaps they will attempt to invoke their recent precedent in Matter of Chen, 28 I&N Dec. 676 (BIA 2023)     https://www.justice.gov/eoir/page/file/1561876/download to deny reopening for “failing to make out a prima facie case for relief on the merits.”

Chen is a case where the the respondent moved to reopen to apply for NLP cancellation having attained the required 10 years of physical presence by reason of the BIA’s two wrong-headed precedents overruled by the Supremes in Pereira v. Sessions and Niz-Chavez v. Garland. Having twice screwed up in a way that created tens of thousands of potential remands and reopenings, someone not familiar with the BIA might have expected them to set forth clear, practical, generous criteria that would encourage IJ’s to consistently reopen cases where the respondent now had the qualifying time and relative(s) in light of the problems caused by the BIA itself. After all, that’s basically the direction in the BIA’s long-standing precedent Matter of L-O-G-, 21 I&N Dec. 413 (BIA 1996) (reopening where the record  “indicate[s] a reasonable likelihood of success on the merits, so as to make it worthwhile to develop the issues at a hearing”). https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwjWzY36pdn8AhVgF1kFHTcxChEQFnoECBkQAQ&url=https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3281.pdf&usg=AOvVaw2Ntzlp4MuxfupmjaDIn7i6

Since “exceptional and extremely unusual hardship” is inherently a fact-bound issue requiring a hearing to develop those facts, one might expect most cases to be routinely reopened.

But, the BIA took a different tack in Chen. While acknowledging that the hardship asserted by the respondent fell within the zone of those “recognized” by the BIA, they found “she has not identified and documented heightened hardship beyond that which would normally be expected to occur in such circumstances.”

While the BIA claimed to be “following” Matter of L-O-G-, they actually appear to have violated the teaching of that case that: “In considering a motion to reopen, the Board should not prejudge the merits of a case before the [respondent] has had an opportunity to prove the case.” (21 I&N Dec. at 419). That should particularly be true when the BIA itself has had a major role in creating the situation where reopening is sought.

By providing only a negative precedent (they didn’t even bother  to “bookend” this with a precedential example of a grantable motion) to a system already suffering from a “culture of denial,” the BIA aggravated an long-festering problem. One can expect many IJ’s to view Chen as an “invitation to deny” the many Pereira/Niz Chavez motions to reopen in the offing for specious reasons or indeed for “any reason at all.” I expect talented NDPA warriors like Raed to make mincemeat out of the BIA’s wrong-headed attempt to minimize the “Pereira-induced damage” they have generated.

Like most of the misguided efforts of the 21st Century BIA, this attempt to cut corners, summarily deny, and NOT provide full due process and real hearings is likely to take more time and waste more resources than simply giving respondents the fair merits hearings to which they are legally entitled in the first place.  But, that’s exactly what this Dem Administration has wrought at EOIR. “More of the same, instead of the promised change!”

🇺🇸 Due Process Forever!

PWS

O1-21-23

LIVE IN DC ON FEB 24!  — SEE “ROCK STAR” 🎸 IMMIGRATION EXPERT PROFESSOR STEPHEN YALE-LOEHR & HIS “RAMBLIN’ BAND OF EXPERTS” TAKE ON IMMIGRATION POLICY @ THE NATIONAL PRESS CLUB! — ONLY DC Area Performance* — Free, In Person or Online! — Just As Administration Rolls Out Idea Steve Has Championed: Private Refuges Sponsorship!

 

* In Feb. 2023

Immigration Rocks
Immigration law rocks with “Professor Stevie & His Ramblin’ Band of Experts!”
Public Realm

pastedGraphic.png

Immigration Reform: Lessons Learned and a Path Forward  

 

Congress has been unable to enact comprehensive immigration reform for over 30 years. 

  • Employers face an unprecedented shortage of workers. 
  • The Dreamers, long-contributing members of our society, face uncertainty due to litigation questioning the legality of the DACA program. 
  • And border security concerns everyone. 

Polls suggest Americans want immigration reform. But the conventional wisdom is that “comprehensive immigration reform” is impossible in a divided Congress.

This conference will explore targeted legislation and other policy changes that could be enacted in 2023, focusing on work visa changes to help alleviate our labor shortages, border security and asylum reforms, and a permanent path forward for Dreamers, farmworkers.

Sponsored by the Cornell Law School Immigration Law and Policy Research Program and cosponsored by the Cornell Migrations Initiative. 

While we encourage in-person attendance, the conference will be webcast live from the National Press Club. Mark your calendars now for this important event!

Panelists from the following organizations:  

 

American Action Forum, American Business Immigration Coalition, AmericanHort, Bipartisan Policy Center, Compete America, Cornell Law School, Migration Policy Institute, National Association of Evangelicals, National Immigration Forum, Niskanen Center, Service Employees International Union, 

Texas Association of Business, TheDream.US, UnidosUS, 

United Farm Workers of America, U.S. Chamber of Commerce 

  

A special thanks to the Charles Koch Foundation for sponsoring this event.

DATE

February 24th, 2023

TIME

8:30 a.m. – 3:00 p.m. 

*Reception to follow

LOCATION

National Press Club

529 14th St NW,

Washington, DC

20045 

REGISTRATION LINK 

 

MORE INFO

Michelle LoParco at: 

k.loparco@cornell.edu

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*********************

The U.S. State Department has just announced an initiative promoted by Steve, his colleague Dr. Janine Prantl, and other experts. See, e.g., https://immigrationcourtside.com/2022/10/17/🗽prantl-yale-loehr-ny-daily-news-private-refugee-sponsorship-an-idea-whose-time-has-come-but-the-biden-administration-has-turned-its-back-on-the-legal-human-rig/

Read the information sheet on the “Welcome Corps” here: https://welcomecorps.org/resources/faqs/.

This is a promising idea. Hope it works! I have to wonder, however, why a coordinated effort like this wasn’t implemented for asylum seekers arriving at the Southern Border? 

You can register (free) for the Cornell Conference, where this and other timely topics will be discussed by the experts!

🇺🇸 Due Process Forever!

PWS

01-20-23

 

🇺🇸🗽⚖️🦸🏼‍♀️🎖RECOGNIZING AN AMERICAN HERO & DUE PROCESS MAVEN, ANNE PILSBURY! — Hon. “Sir Jeffrey” Chase’s Heartfelt Tribute — “Those of us who care about people on the wrong side of history just have to help case by case, person by person.” (Corrected Version)

Anne Pilsbury ESQUIREAmerican Legal Superhero
PHOTO: Courtesy of Jeff Chase
Anne Pilsbury ESQUIRE
American Legal Superhero
PHOTO: Courtesy of Hon. Jeffrey Chase

UPDATE & CORRECTED WITH PICTURE OF THE “REAL” ANNE PILSBURY — THANKS TO SIR JEFFREY!

Jeffrey S. Chase
Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Coordinator & Chief Spokesperson, Round Table of Former Immigration Judges

https://www.jeffreyschase.com/blog/2023/1/18/thanking-anne-pilsbury

JEFFREY S. CHASE | OPINIONS/ANALYSIS ON IMMIGRATION LAW

Blog Archive Press and Interviews Calendar Contact

Thanking Anne Pilsbury

“Those of us who care about people on the wrong side of history just have to help case by case, person by person.” – Anne Pilsbury, quoted in Francisco Goldman, “Escape to New York,” The New Yorker, Aug. 9, 2016.

Anne Pilsbury is well; she continues to work at Central American Legal Assistance (“CALA”), the organization she founded almost four decades ago. She was recently awarded the Carol Weiss King Award by the National Immigration Project of the National Lawyers Guild. She remains most generous in sharing her knowledge with the immigration law community in New York.

However, as of January 1, Anne has stepped down from CALA’s helm, passing the Directorship of the organization to the extremely talented Heather Axford.

It thus seems like an appropriate time to honor Anne’s extraordinary career. Her path from Washington, D.C. to Maine “country lawyer” to representing asylum-seekers in Williamsburg, Brooklyn is a fascinating one. It began with Anne’s role as plaintiff’s counsel in Hobson v. Wilson,1 a remarkable case having nothing to do with immigration law.

Hobson involved a top-secret FBI operation of the late-1960s to early-1970s called COINTELPRO, which targeted civil rights groups seeking racial equality, and another set of organizations actively opposing the Vietnam war. COINTELPRO specifically listed the Southern Christian Leadership Conference led by Rev. Martin Luther King, Jr., and the Student Nonviolent Coordinating Committee as primary targets.

In the words of the D.C. Circuit Court of Appeals, COINTELPRO focused on “(1) efforts to create racial animosity between Blacks and Whites; (2) interference with lawful demonstration logistics; (3) efforts to create discord within groups or to portray a group’s motives or goals falsely to the public; and (4) direct efforts to intimidate the plaintiffs.”2

Regarding the degree of those efforts, according to a 1976 Senate Select Committee Report

From December 1963 until his death in 1968, Martin Luther King, Jr. was the target of an intensive campaign by the Federal Bureau of Investigation to “neutralize” him as an effective civil rights leader. In the words of the man in charge of the FBI’s “war” against Dr. King:

No-holds were barred. We have used [similar] techniques against Soviet agents. [The same methods were] brought home against any organization against which we were targeted. We did not differentiate. This is a rough, tough business.3

Beginning her work on the case as a law student in D.C. and continuing with the case while in private practice in D.C., Anne and her co-counsel brought suit against the FBI for systemically violating their clients’ “constitutional rights, individually and through conspiracies, while plaintiffs engaged in lawful protest against government policy in the late 1960’s and in the 1970’s in the Washington area.”4   After a 17 day trial, Anne and her colleagues won the suit. In my view, that case alone earned Anne membership in the Due Process Army Hall of Fame.

During the time Hobson was being litigated, Anne moved to Maine, opening her own practice there in the town of Norway (pop. 5,000), traveling back and forth to D.C. for the Hobson trial. So then how did she end up in Brooklyn representing asylum seekers?

Anne explained to me that the government appealed the Hobson decision to the D.C. Circuit (in 1982), after which Anne began traveling to the New York City offices of the Center for Constitutional Rights, who served as her co-counsel on the appeal. And finding some time on her hands during the two-year pendency of that appeal allowed Anne to pursue her interest in helping those fleeing civil war in Central America, which was an issue very much in the news at the time. Although Anne found groups dedicated to the issue itself, she was less successful in locating organizations actually providing representation to immigrants from Central America.

Anne continued that INS was detaining Central Americans at that time in the Brooklyn Navy Yard.5 Anne learned that a local Catholic priest and nun, Father Bryan Karvelis and Sister Peggy Walsh, were visiting those detainees, sometimes paying the bond for their release; they even housed those who had nowhere to stay in the rectory of their Brooklyn church. And Sister Peggy had obtained accredited representative status, allowing her to represent individuals before the government.

In Anne’s words, after litigating against the FBI in Hobson, she naively thought that by comparison, dealing with INS “would be a piece of cake.” Between briefs in Hobson, Anne  organized a group of pro bono lawyers to represent Central Americans in applying for asylum under the brand-new 1980 Refugee Act. Anne spent the first year working out of her car, after which Father Bryan offered her space in the Transfiguration Church on Hooper Street, where CALA remains located to this day.

Anne thus began CALA with no funding, paying a secretary herself, and working without a salary for about two years. In a wonderfully ironic twist, CALA’s first funding came from Anne’s attorney fees in Hobson, thus making the FBI CALA’s first major benefactor.

Interestingly, Anne explained that it took a few years before the newly created EOIR began to hear Central American cases in earnest; in the early 1980s, the federal government somehow believed that the problems in the region would be over in a year or two.

Once they did begin hearing Central American cases, the Immigration Judges of that time denied virtually all of their asylum claims, generally doing so by incorrectly classifying the feared harm as “random violence.” In spite of the new asylum law intended to make adjudications fairer and free of political influence, it took years before Anne won her first asylum case.

And yet Anne persevered, building a model program and recruiting and mentoring outstanding lawyers. Anne also challenged EOIR’s misguided decisions and policies in the federal courts.

I want to make it clear that I had not included this next anecdote in my initial draft; it is being added at Anne’s own request. But while fighting to prevent the deportation of factory workers illegally arrested in a workplace raid, a March 1988 conference before U.S. District Court Judge Mark A. Constantino apparently became quite heated, resulting in the judge holding Anne in criminal contempt of court. That order was overturned by the Second Circuit in Matter of Pilsbury.6 The Second Circuit decision contained the following quote directed at Anne by Judge Constantino:

You go practice your shabby law somewheres [sic] else. Don’t you dare practice it in the Eastern District. You no longer will be permitted to practice in any part of this court. You will not be able to practice in this court or the immigration service. This court will see to it.7

Judge Constantino’s words turned out to be about as accurate as the Department of Justice’s belief that the turmoil in Central America would settle down after a few months. Some thirty-five years later, Anne’s impact on asylum case law has been nothing less than remarkable.

In 1994, in the case of Osorio v. INS,8 Anne prevailed in challenging the BIA’s determination that a labor union leader’s fear of persecution in Guatemala was not on account of his political opinion because, as a labor union leader, his point of dispute with the Guatemalan government was economic, not political.

In reversing the BIA’s conclusion, the Second Circuit quoted a statement made by Anne at oral argument, which became one of the most famous lines in asylum law history: that according to the BIA’s view, the Nobel Prize winning Soviet novelist and renowned dissident “Aleksandr Solzhenitsyn would not have been eligible for political asylum because his dispute with the former Soviet Union is properly characterized as a literary, rather than a political, dispute.”9

The court agreed with Anne that “Regardless of whether their dispute might have been characterized as a literary dispute, it might also have been properly characterized as a political dispute.”10 The Osorio decision remains extremely relevant today for its expansive view of what constitutes “political opinion” for asylum purposes, and for recognizing that nexus can be satisfied where the persecution is on account of mixed motives, a concept later codified by Congress.

A month earlier, in the case of Sotelo-Aquije v. Slattery,11  Anne had won a Second Circuit victory for a community leader from Peru who was denied asylum by the BIA in spite of being at risk of violence for speaking out against the Shining Path.

Also in 1994, Anne prevailed before the Ninth Circuit in a case called Campos v. Nail,12 challenging an Immigration Judge’s pattern or practice of denying all motions for change of venue filed by Salvadoran and Guatemalan asylum seekers who had not established a U.S. address prior to their arrest by the INS.  In applying this policy without consideration of the individual’s circumstances, the IJ forced respondents who had long settled thousands of miles away to return at no small expense to Arizona for their hearings, or face an in absentia deportation order if unable to do so. The Ninth Circuit agreed with Anne that the policy violated the petitioners’ “statutory and regulatory rights to be assured a reasonable opportunity to attend their deportation hearings and to present evidence on their own behalf,” which “in turn interfered with the plaintiffs’ statutory and regulatory rights to apply for asylum and to obtain representation by counsel at no expense to the government.”13

Anne later won two cases before the Second Circuit creating important protections for asylum seekers in establishing their credibility before Immigration Judges. The precedent decisions in Alvarado-Carillo v. INS,14 and Secaida-Rosales v. INS15 rejected the application of an inappropriate standard relying on speculation or conjecture in rejecting an asylum applicant’s credibility, and required that such determinations be based on facts material to the claim. However, in noting how difficult keeping such gains can be, Anne pointed to the fact that both of these decisions were specifically cited with disapproval by Congress in its subsequent amendments contained in the 2005 REAL ID Act giving Immigration Judge greater leeway to deny asylum based on credibility or corroboration.

In 2006, Anne won an important case recognizing that a different standard applies when determining persecution to children. In Jorge-Tzoc v. Gonzales,16 the Second Circuit held that harm that had not been found to rise to the level of persecution to an adult “could well constitute persecution to a small child totally dependent on his family and community.” The court also cited INS’s asylum guidelines for children recognizing that “The harm a child fears or has suffered, however, may be relatively less than that of an adult and still qualify as persecution.”17

I’ve just mentioned some of the highlights from Anne’s career. From her office inside the Transfiguration Church, the entity Anne founded has assisted thousands of immigrants over the years. And CALA has very much remained focused on the community it serves; as Anne says, that is very much by choice. Among those serving on the organization’s Board of Directors are early clients of CALA, along with former staff.

The community connection is not limited to people. The CALA website lists among its staff, photo and all, “Oscar Gerardi Caceres the Cat,” an actual cat rescued by Anne (as opposed to an attorney with a cat filter), whose responsibilities are listed as “greeting clients, inspecting files, and prowling the office as our security guard.” It must be pointed out that this whimsical entry also carries a far more serious meaning, as the office cat has been named to honor the memory of three fallen leaders of the decades-long violence in Central America:  Msgr. Oscar Romero (killed in 1980 in El Salvador), Berta Caceres, an environmental activist and indigenous leader killed in Honduras in 2016, and Bishop Juan Gerardi, killed in Guatemala in 1998 right after releasing the church’s devastating truth commission report on military atrocities.

Over the years, I have left every conversation with Anne having learned something important. Anne has a casual, often direct way of speaking; her words can be simultaneously remarkably simple and deeply profound.

I offer as an example this quote of hers from the same 2016 New Yorker article quoted above:

“I never expected it to take so long for our government to wake up to what was happening in Central America, and to stop funding militaries and wars, and stop blaming immigrants for trying to save their own lives….Thirty years later, I’m no longer so optimistic, I don’t expect people here to learn from history anymore. Of course, you never stop hoping they will, when the lessons are so obvious.”

In 2006, the block of Marcy Avenue on which the Transfiguration Church sits was named “Msgr. Bryan J. Karvelis Way.” I found online remarks made by City Council Member Diana Reyna during the meeting at which the naming was voted upon. Those remarks included the following:

Brooklyn parishes, like their neighborhoods, have gone through a lot of changes over the years. But one thing remains constant: in a Diocese of Immigrants, they continue to reach out to the latest newcomers, and make a home for them. Transfiguration parish is a superb example of this, and today is a good day to celebrate its history.

In paying tribute to Father Bryan, those remarks are no doubt also a tribute to the work of Anne and CALA over the past 40 years.

Please join me in thanking Anne Pilsbury profoundly, and wishing her all of the best  her future pursuits.

Notes:

  1. 737 F.2d 1 (D.C. Cir. 1984).
  2. Id. at 11.
  3. Senate Select Committee, Book III: Supplementary Detailed Staff Reports, 94th Cong., 2d sess., 1976, S. Rep. 94-755 at 81; https://www.intelligence.senate.gov/sites/default/files/94755_III.pdf
  4. Hobson v. Wilson, 556 F. Supp. 1157, 1163 (D.D.C. 1982).
  5. Just to give out-of-town readers a sense of change over Anne’s career, the Brooklyn Navy Yard presently includes the largest movie studio outside of Hollywood; a large number of innovative tech start-ups, and a Wegman’s Supermarket.
  6. 866 F.2d 22 (2d Cir. 1989).
  7. Id. at 22.
  8. 18 F.3d 1017 (2d Cir. 1994).
  9. Id. at 1028-29.
  10. Id. at 1029.
  11. 17 F.3d 33 (2d Cir. 1994).
  12. 43 F.3d 1285 (9th Cir. 1994).
  13. Id. at 1291.
  14. 251 F.3d 44 (2d Cir. 2001).
  15. 331 F.3d 297 (2d Cir. 2003).
  16. 435 F.3d 146 (2d Cir. 2006).
  17. Id. at 150.

Copyright 2023 Jeffrey S. Chase. All rights reserved. Republished by permission.

*********************************

Congratulations, Anne, on an amazing career — one that continues on in a different role! You are what real leadership and courage are all about! 

Building a better America, “case by case, person by person.” I used to say that to folks in court during my days on the bench. It was a “team effort” that included everyone in the courtroom.

Also, thanks to Jeffrey for such a moving and elegantly written portrait of a real American patriot. Giving thanks and recognizing those who have “paved the way” and supported our common values and ideals is an oft-overlooked value in and of itself.

The Biden Administration and Dems generally are notoriously bad in this area. That’s particularly and painfully evident when it comes to those who “held the line” on our Constitution, democracy, and human rights — at a time when many of those leaders and politicos who would benefit were nowhere to be found “in the trenches” of defending and promoting social justice in the face of the Trump/GOP onslaught.

This is my favorite quote from Jeffrey’s profile of Anne:

“I never expected it to take so long for our government to wake up to what was happening in Central America, and to stop funding militaries and wars, and stop blaming immigrants for trying to save their own lives….Thirty years later, I’m no longer so optimistic, I don’t expect people here to learn from history anymore. Of course, you never stop hoping they will, when the lessons are so obvious.”

Clearly, Biden, Harris, Mayorkas, Garland, a number of Dem politicos, Federal Judges at all levels, and many members of the so-called “mainstream media” neither learned nor heeded the obvious lessons of history. They also ignored the law in their disgraceful “rush to reject rather than protect!”

They keep “blaming the victims” for saving their own lives, ignoring our nation’s failure to live up to our humanitarian commitments, and violating our statutes and Constitutional guarantees of the right to apply for asylum and receive a fair adjudication of claims. It’s as if World War II, Hitler, the Holocaust, and its aftermath  have been “written out” of our history — mainly by the GOP but also disturbingly by some Democrats and members of the Biden Administration.

Also, many congratulations to “rising NDPA superstar” Heather Axford on her appointment as the new Director of CALA! Heather has already “creamed” the DOJ in the notable case of Hernandez-Chacon v. Barr. See, e.g., https://wp.me/p8eeJm-52n. That case is basically a compendium of why EOIR is failing, both legally and operationally. 

Heather Axford
Heather Axford
Director
Central American Legal Assistance
Brooklyn, NY

Yet, disgracefully, rather than “tapping into” the expertise and organizational talents of Heather, Anne, and their NDPA colleagues, Garland and his team are presiding over the “death spiral” of EOIR — endangering our entire U.S. justice system and threatening and degrading human lives!

I’m proud to say that Heather “got her start” practicing before the “Legacy” Arlington Immigration Court with the Law Offices of Alan M. Parra following her graduation from UVA Law! I know that Heather will carry on and build upon Anne’s humanitarian legal legacy and leadership example at CALA!

🇺🇸 Due Process Forever!

PWS

02-19-23

  

🤯⚠️ REV. CRAIG MOUSIN: NEW YEAR, SAME PROBLEMS, AS BIDEN’S REFUSAL TO FOLLOW REFUGEE & ASYLUM LAWS SOWS CHAOS, TRAUMA — (I’m cited)

 

 

Rev. Craig Mousin
Rev. Craig Mousin
Ombudsperson
Refugee and Forced Migration Studies, Grace School of Applied Diplomacy
DePaul University
PHOTO: DePaul Website

‹ All episodes

Lawful Assembly Podcast

Episode 33: New Year, Same Problems

JANUARY 13, 2023 CRAIG B. MOUSIN SEASON 1 EPISODE 33

Lawful Assembly Podcast

Episode 33: New Year, Same Problems

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https://lawfulassembly.buzzsprout.com/1744949/12039357-episode-33-new-year-same-problems

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LAWFUL ASSEMBLY PODCAST

Episode 33: New Year, Same Problems

JAN 13, 2023 SEASON 1 EPISODE 33

Craig B. Mousin

Show Notes

This is an interview with Rev. Craig B. Mousin, an Adjunct Faculty member of DePaul University’s College of Law, Refugee and Forced Migration Studies Program, and the Grace School of Applied Diplomacy. The podcast critiques Department of Homeland Security Secretary Mayorkas’ recent NPR interview for what the interview omits in explaining 2023 asylum policies.

ACTION STEP

Imagine you are an asylum-seeker who has left your homeland.  Listen to the interview with Secretary Mayorkas and consider its impact as you.  Then write to the White House and Secretary Mayorkas and urge the Biden administration to follow the procedures and procedural protections of the Refugee Act of 1980: https://www.npr.org/people/4080709/steve-inskeep

RESOURCES

Dr. Shailja Sharma: “The Border ‘Crisis’ Is a Crisis We Can Solve,” January 9, 2023:  https://www.chicagotribune.com/opinion/commentary/ct-opinion-border-asylum-seekers-resources-title-42-20230109-g3aoghdnn5avxavszsfcln7viu-story.html

Paul Schmidt quotes several experts on the new policy and adds his critique: (January  6, 2023):   https://immigrationcourtside.com/2023/01/06/%f0%9f%a4%af%f0%9f%91%8e%f0%9f%8f%bc-experts-condemnation-of-bidens-latest-anti-asylum-border-gimmicks-swift-brutal-true/

Law professor Karen Musalo: “Enough with the Political Games.  Migrants Have a Right to Asylum,” January 6, 2023, https://www.latimes.com/opinion/story/2023-01-06/biden-border-immigration-asylum-title-42

The National Immigrant Justice Center’s FAQs on these policies:  https://immigrantjustice.org/staff/blog/recycling-trumps-asylum-bans-expanding-title-42-how-bidens-new-policies-threaten

For information on U.S. policies undermining democracy, see, Mousin, “You Were Told to Love the Immigrant,” https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2784951, text between fns. 161-166.

For documentation on the violence caused by soldiers trained at the School of the Americas Watch, now WHINSEC:  www.soaw.org

The statistics on the violence at the border: US/Mexico: Expelling Venezuelans Threatens Rights, Lives Restore Access to Asylum at the Border, (October 21, 2022) as cited in https://lawprofessors.typepad.com/immigration/2022/10/human-rights-watch-usmexico-expelling-venezuelans-threatens-rights-lives-restore-access-to-asylum-at.html

We welcome your inquiries or suggestions for future podcasts.  If you would like to ask more questions about our podcasts or comment, email us at: mission.depaul@gmail.com

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SHOW NOTES

Show Notes

This is an interview with Rev. Craig B. Mousin, an Adjunct Faculty member of DePaul University’s College of Law, Refugee and Forced Migration Studies Program, and the Grace School of Applied Diplomacy. The podcast critiques Department of Homeland Security Secretary Mayorkas’ recent NPR interview for what the interview omits in explaining 2023 asylum policies.

ACTION STEP

Imagine you are an asylum-seeker who has left your homeland.  Listen to the interview with Secretary Mayorkas and consider its impact as you.  Then write to the White House and Secretary Mayorkas and urge the Biden administration to follow the procedures and procedural protections of the Refugee Act of 1980: https://www.npr.org/people/4080709/steve-inskeep

RESOURCES

Dr. Shailja Sharma: “The Border ‘Crisis’ Is a Crisis We Can Solve,” January 9, 2023:  https://www.chicagotribune.com/opinion/commentary/ct-opinion-border-asylum-seekers-resources-title-42-20230109-g3aoghdnn5avxavszsfcln7viu-story.html

Paul Schmidt quotes several experts on the new policy and adds his critique: (January  6, 2023):   https://immigrationcourtside.com/2023/01/06/%f0%9f%a4%af%f0%9f%91%8e%f0%9f%8f%bc-experts-condemnation-of-bidens-latest-anti-asylum-border-gimmicks-swift-brutal-true/

Law professor Karen Musalo: “Enough with the Political Games.  Migrants Have a Right to Asylum,” January 6, 2023, https://www.latimes.com/opinion/story/2023-01-06/biden-border-immigration-asylum-title-42

The National Immigrant Justice Center’s FAQs on these policies:  https://immigrantjustice.org/staff/blog/recycling-trumps-asylum-bans-expanding-title-42-how-bidens-new-policies-threaten

For information on U.S. policies undermining democracy, see, Mousin, “You Were Told to Love the Immigrant,” https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2784951, text between fns. 161-166.

For documentation on the violence caused by soldiers trained at the School of the Americas Watch, now WHINSEC:  www.soaw.org

The statistics on the violence at the border: US/Mexico: Expelling Venezuelans Threatens Rights, Lives Restore Access to Asylum at the Border, (October 21, 2022) as cited in https://lawprofessors.typepad.com/immigration/2022/10/human-rights-watch-usmexico-expelling-venezuelans-threatens-rights-lives-restore-access-to-asylum-at.html

We welcome your inquiries or suggestions for future podcasts.  If you would like to ask more questions about our podcasts or comment, email us at: mission.depaul@gmail.com

All content © 2023 Lawful Assembly Podcast.

Republished by permission

*******************

Thanks for speaking out, Craig! Mayorkas’s interview was a shocking mix of intellectual dishonesty, insincerity, and misdirection worthy of a Trump Administration official. And, as Craig points out several times, the interviewer didn’t ask the right questions either.

Let’s understand what the Biden Administration’s arbitrary, ad hoc “parole program” that has been substituted for the Refugee Act of 1980 (“the law”), as amended, really does: 1) favors those who don’t necessarily meet the “refugee” definition (even if properly interpreted), but who have individual sponsors, over refugees; or 2) forces those who do meet the refugee definition into an inferior “parole status” that denies them the statutory path to a green card and eventual citizenship and other benefits that legal “refugee” or “asylum” status entails, or 3) a combination of 1) and 2).

Sound like a good idea? Of course not! It’s a prescription for a legal, humanitarian, and moral disaster!

Getting the USG to follow the law shouldn’t be this difficult. But, it is, because of the refusal of the Biden Administration to heed the advice of experts who not only know the law, but understand the border and the corrosive effect and real human consequences of unlawfully abandoning the statutory framework established by the Refugee Act of 1980.

🇺🇸Due Process Forever!

PWS

01-18-23

⚖️🗽NDPA NEWS: VISITING PROF KRISTINA CAMPBELL 🦸🏼‍♀️ ESTABLISHES REFUGEE CLINIC @ U. OF UTAH’S S.J. QUINNEY LAW! — Training & Inspiring Tomorrow’s NDPA Superstars! 🌟😎

 

Kristina Campbell
Professor Kristina Campbell
Visiting Professor
S.J. Quinney College of Law
U. of Utah
PHOTO: Quinney Website

 

Kristina reports:

I just wanted to share with you that I launched a new Refugee Law Clinic at the University of Utah this semester! I am a visiting professor here & my students this semester are working with a Ukrainian family, as well as UACs from Afghanistan and Latin America. You can read more about the clinic here:

https://sjquinney.utah.edu/experiential-learning/clinics/

I also attached some photos of the clinic space at the law school:

Refugee Clinic @ S.Q.Quinney
Refugee Clinic @ S.J. Quinney
PHOTO: K. Campbell

**********************

Kristina and her UDC Clinic students were “regulars” at the “Legacy” Arlington Immigration Court during my tenure. Since retiring, I have had the pleasure of being a guest lecturer, along with my friend Judge Dorothy Harbeck, at clinic classes taught by Kristina and her amazing colleague, Professor Lindsay Harris. (Lindsay was a guest lecturer in my Refugee Law & Policy class @ Georgetown Law during her time as a CALS Asylum Clinic fellow.)

Thanks for the report Kristina. Those are lucky students and clients to have you working for and with them! And, my gratitude and admiration for all you have done and continue to accomplish for justice in America. Scholar, author, advocate, creative thinker, educator, administrator, organizer, inspiring role model, innovator: You “check all the boxes,” Kristina! 

Your students are so fortunate to have you for a teacher and inspiring example of all that’s best in American law!

🇺🇸 Due Process Forever!

PWS

01-15-23

📚 🦸🏽‍♀️🦸🏼‍♀️🦸🏻‍♂️NDPA “ACADEMIC HONOR ROLL!” — “Practical Scholars” Make Their Mark, & More! — The Contributions Of This Group Are Astounding! — Assembled & Originally Published By ImmProf Superstar 🌟 Professor Kit Johnson (Oklahoma Law)!

Professor Kit Johnson
Professor Kit Johnson (the “Amazing KitJ @ ImmProf”)
Thomas P. Hester Presidential Professor,  U of OK Law
Contributor, ImmigrationProf Blog

https://lawprofessors.typepad.com/immigration/2023/01/celebrating-immprof-achievements-in-2022-updated-.html

Wednesday, January 4, 2023

Celebrating Immprof Achievements in 2022 * UPDATED *

By Immigration Prof

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Rahuljakhmola, CC BY-SA 4.0, via Wikimedia Commons

I had a few highlights roll in after this was first posted, so here is an updated thread regarding the wonderful things that immigration law professors around the country had to celebrate in 2022.

New Jobs:

  • Jennifer Chacón joined the faculty at Stanford Law School.
  • Ming Hsu Chen joined the faculty at UC Hastings.
  • Eugenio Mollo, Jr. joined Toledo as a Clinical Assistant Professor of Law to launch and direct the school’s Immigrant Justice Clinic.
  • Aadhithi Padmanabhan (Maryland) started her first full-time job in academia as an Assistant Professor of Law directing the new Federal Appellate Immigration Clinic.
  • Carrie Rosenbaum joined Chapman as a Visiting Assistant Professor in Fall 2022.
  • Tania N. Valdez started her first tenure-track job as an Associate Professor of Law at The George Washington University Law School.

Promotions and Awards:

  • Lauren R. Aronson (Illinois) was promoted to Full Clinical Professor in August and granted Clinical Tenure.
  • Jason Cade (Georgia) was promoted to full professor. He also received the University of Georgia’s Engaged Scholar Award.
  • Jennifer Chacón (Stanford) received the Bruce Tyson Mitchell professorship.
  • Ming Hsu Chen (Hastings) was named the Harry & Lillian Hastings Research Chair and Founding Director of the Center for Race, Immigration, Citizenship, and Equality (RICE).
  • Shane Ellison (Duke) was promoted to Clinical Professor of Law (Teaching).
  • Kate Evans (Duke) was awarded clinical tenure in 2022.
  • Laila Hlass (Tulane) was promoted to Clinical Professor of Law. She was also awarded the 2022 NIPNLG Elisabeth S. “Lisa” Brodyaga Award.
  • Kevin Johnson (Davis) was named the first recipient of the Michael A. Olivas Award for Outstanding Leadership in Diversity and Mentoring in the Legal Academy. We look forward to the formal celebration in 2023.
  • Kit Johnson (Oklahoma) received the Thomas P. Hester Presidential Professorship.
  • Gabriela Kahrl (Maryland) was promoted from Associate Director to Co-Director of the Chacón Center for Immigrant Justice.
  • Jennifer Lee (Temple) was approved for tenure by a vote of the law school faculty — their first tenured clinician! We look forward to celebrating the formal approval from central campus in 2023.
  • Mauricio E. Noroña (Cardozo) became a VAP this year after a stint as a teaching fellow in the Cardozo Immigration Justice Clinic.
  • Shalini Bhargava Ray (Alabama) was approved for tenure by a vote of the law school faculty. We look forward to celebrating the formal approval from central campus in 2023.
  • Rachel Rosenbloom (Northeastern) is a fellow with Northeastern’s Center for Law, Equity and Race (CLEAR) while she is on sabbatical this year.
  • Scott Titshaw (Mercer) was promoted in 2022 from Associate Professor to Professor.

Administrative Gigs:

  • Hemanth Gundavaram (Northeastern) became Associate Dean of Experiential Education and Director of Clinical Programs; he continues to also serve as Director of the Immigrant Justice Clinic.
  • Anita Maddali (Northern Illinois) became the Associate Dean for Student Affairs in August 2022, stepping down from the Director of Clinics role she’d been in since 2011.
  • Rachel Rosenbloom (Northeastern) finished her term as Associate Dean for Experiential Education.

Other Exciting News:

  • Kate Evans (Duke) secured an additional $2.5 million grant to support Duke’s Immigrant Rights Clinic and the activities of the Duke Immigrant & Refugee Project.
  • Jill Family (Widener) became Chair of the ABA Administrative Law section.
  • Dina Haynes (New England) started a non-profit–Refugeeprojects.org–through which she has assisted many refugees, asylum seekers, pro bono attorneys and governments. She coordinates 800 attorneys assisting Afghans with evacuation, transit and Immigration status.
  • Laila Hlass (Tulane), Sarah Sherman-Stokes (Boston U), and Mary Yanik (Tulane) received a 2022 Research & Policy Grant from Boston University’s Center for Antiracist Research.
  • Geoffrey Hoffman (formerly Houston) became an immigration judge!

NEW BABIES (Squee!)

  • Joe Landau (Fordham) welcomed Max Fitzgerald Landau on 1/1/22 at 4:49am. 6 lbs, 2 oz of greatness.
  • Lauren R. Aronson (Illinois) welcomed Max Reuben Aronson-Orr on 12/15/2022 at 8:00pm. 8 lbs., 12 oz. of joy.

Congratulations to all!

-KitJ

********************

“Super-kudos” to all! 🎖🏆😎 Thanks to Kit (the “Amazing KitJ @ ImmProf”) for putting this together and many congrats on her receipt of the Thomas P. Hester Presidential Professorship @ Oklahoma Law. Couldn’t have gone to a more deserving and consequential role model for the NDPA!

As one of my NDPA colleagues recently observed about the work of these NDPA “practical scholars:”

[T]he law schools today have incredible clinical programs that encourage and develop critical thinking and creative problem-solving; they send so many great new members of the NDPA out into the world.

Those familiar with what’s really happening in American justice these days also had this cogent observation:

EOIR does exactly the opposite; it kills critical or original thought, and rewards the bland “go along to get along” types. And the training is horrible, and actually refuses to include anyone from outside – even former IJs and Board Members. So the good people either quit, linger in the shadows, or are broken over time.

It’s very clear that a better Dem Attorney General would have “tapped in” to the practical problem solving skills, guts, integrity, and intellectual firepower of those on Kit’s honor roll and many others like them. I note with great pleasure and immense gratitude that Honor Roll member, Judge Geoffrey Hoffman, formerly of Houston Law, did “make the leap” to the Immigration Bench this year. But we need more, many more, like Judge Hoffman at all levels of EOIR to “rescue the sinking ship.”

The talent to change EOIR from a “CINO” to a “model court system” is out here! What’s sorely missing is dynamic leadership and consistent direction from the Biden Administration and Dems in Congress.

Immigrants have legal rights. Immigration isn’t going away in the future no matter how much Dems try to “wish it below the radar screen” and the GOP tries to “demonize it to death!”

The disgraceful failure of both parties to enforce legal rights of immigrants, stand up for human rights, and take realistic approaches to human migration is damaging our democracy and diminishing our national strength. 

I advocate NDPA members “taking over” the Immigration Judiciary and fixing things from “the bottom up.” It won’t happen overnight; but waiting for real leadership from Dems or change from the “top” is like “waiting for Godot” — Not going to happen! See, e.g., https://wp.me/p8eeJm-8hm.

And, you’d be surprised at the useful insights and knowledge that can be gained from getting “inside EOIR” — an intentionally opaque, “closed” organization if there ever was one. That’s why courts often pay attention to what we “Former Immigration Judges and Board Members in the Round Table” say in our amicus briefs. We’re they only ones speaking truth about what really happens in Immigration Court “behind the bench.” All the “official versions” are “highly sanitized,” “manipulated,” or sometime just “unadulterated BS!” 

Don’t leave “judging in America” to the Federalist Society, the Heritage Foundation, and inept Dem politicos who are too tone-deaf, insecure, and/or scared to do the right thing for YOUR future and the future of our nation. 

Storm the tower! 🗼Take back justice at the retail level of our system! Better judges for a better America! 

Tower of Babel
”Storm the Tower!” — EOIR HQ, Falls Church, VA (a/k/a “The Tower of Babel”)
By Pieter Bruegel The Elder
Public Domain

 

🇺🇸 Due Process Forever!

PWS

01-14-23