"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt. To see my complete professional bio, just click on the link below.
Behind Aaron Rodgers and a defense that bent but came up big in the end, the Green Bay Packers (11-3) won a 31-30 “nail-biter” on the road against the undermanned Baltimore Ravens. In control and up by 14 in the fourth quarter, the Pack almost let this one get away with sloppy defense, chronically bad special teams play, and an inopportune offensive stall!
The determined Ravens (8-6) played without superstar QB Lamar Jackson. But, his “stand in” QB Tyler Huntley almost pulled off the upset. Following a TD with 45 seconds left to pull the home team to 31-30, Ravens’ coach John Harbaugh chose to go for the two-point conversion that might have won the game. But, the play was poorly designed and Huntley’s pass was broken up by the Pack’s Darnell Savage to largely seal the win. The following onside kick failed, probably the highlight of the Pack’s beleaguered special team’s play over the past few weeks.
The good news: the Pack’s win kept them in the #1 position in the NFC for a first round bye and home field advantage during the playoffs. That’s no small achievement following the opening game debacle against New Orleans and all the Rodgers-generated distractions (including his disgraceful failure to get the COVID vaccine). The Pack also played turnover-free football, as did the Ravens,
The cautionary note: This game was closer than it should have been. The Pack let an obviously short-handed and therefore significantly less talented Ravens team “hang around” and almost steal a “W.” On paper, this game should have been a blowout, but wasn’t.
Surprisingly well as Huntley played in relief of Jackson, the Pack will face much, much better QBs in the playoffs. And, given a “gift possession” inside the Ravens’ 40 in the 4th quarter, the Pack failed to score the TD that would have put the game away, instead settling for a field goal after AR missed a pass that should have sealed the game. That nearly proved fatal.
A team hoping for a Super Bowl birth will have to do better!
Ferocious Lady Badgers hold off Cornhuskers for first National Championship in volleyball!
After a shaky start, the Lady Badgers (31-3)showed their prowess by beating fellow B10 rival Nebraska Cornhuskers to bring the national title to Madison for the first time! Congrats champs, you are an inspiration to all of us!
Here’s the complete report from Jim Polzin @ the Wisconsin State Journal!
Appoint these inspirational, dynamic, proven “scholar leaders” as Co-Chairs:
Dean Kevin Johnson, UC Davis Law & “most cited” immigration scholar;
Marielena Hincapie, National Immigration Law Center.
Add in three experienced Vice Chairs who really “know the business” (including where all the bodies are buried @ EOIR and how to make bureaucracy respond):
Judge Noel Brennan, NY Immigration Court, former BIA Appellate Judge;
Judge Dana Leigh Marks, San Francisco Immigration Court, former NAIJ President, “winning” attorney before the Supremes in the landmark asylum case INS v. Cardoza-Fonseca;
Jason Dzubow, Esquire, “everyone’s favorite Asylumist;”
Lauren Wyatt, CLINIC, NYC, inspirational scholar-role model working “in the trenches;”
Ayodele Gansallo, HIAS Pennsylvania, Penn Law, co-author of Understanding Immigration Law and Practice, the “Bible of aspiring practical scholar-practitioners;”
Jaya Ramji-Nogales, Associate Dean, Temple Law, co-author of Refugee Roulette and The End of Asylum.
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Now, THAT’S an amazing, inspiring, dynamic “all-star judicial lineup” that could actually achieve the former “EOIR Vision” of: “Through teamwork and innovation, become the world’s best administrative tribunal, guaranteeing fairness and due process for all!”
What does this diverse group have in common?
Demonstrated, unswerving, overriding commitment to due process and fundamental fairness for migrants and all persons in America;
Impeccable, accessible scholarship in human rights, migrants’ rights, and constitutional interpretation;
Courage to speak truth to power;
Expertise in and concern for ethical issues;
Ability to engage in robust dialogue without sacrificing fundamental principles;
Ability to lead by example and inspire others;
Practicality;
Creativity;
Humanity;
Independence;
Widespread recognition, respect, and admiration among peers.
This court also would have the potential to deliver a long-overdue “wake up call” to the now-floundering Article III Judiciary.
Why would members of this high-powered group of intellectual giants be willing to leave comfortable current positions to accept the challenge of leading and reforming what currently is “America’s Worst Court System?”
A chance to be on a team of some of the most powerful “practical legal intellects” in America;
A chance to show how a diverse court of exceptionally-well-qualified judges can solve problems, implement best practices, and achieve timeliness and efficiency while enhancing due process;
The chance to save lives and improve futures — to make a positive difference in the world that will inspire future generations;
The chance to redefine “justice in America” in a positive way.
The BIA also has a large, talented staff of lawyers (I was one myself, back in the day) who would thrive and prosper under the intellectual leadership of these “practical scholars” and proven teachers! The BIA is potentially the “premier legal university/think tank” in America. But, unlike most think tanks, one with a mission, the ability to render best interpretations, implement best practices, and to issue hundreds of life-defining decisions every day! What other court in America could say the same? Why is this amazing untapped potential basically going to waste?
A pipe dream? Probably. But it shouldn’t be!
The BIA is “Not Quite Ready For Prime Time” (“NQRFPT”). But, “Neon Deion” Sanders IS “Prime Time.” Judge G. should take note! Deion Sanders Photo by Michael J. Cargill Creative Commons License
Just look how in a relatively short time as a head coach at a “non-power-conference” HBCU, Jackson State, dynamic former NFL star and “larger than life” personality “Neon Deion” Sanders has shaken up the system and changed the “playing field” in the insular world of “big time college football.”This week, the “projected top recruit” in America chose Sanders & J-State over the “powers that be.” Presence, leadership, boldness, talent, and results (Jackson State was 11-1 this year) can force change for the better in even the most inbred and change-resistant systems (like EOIR, and to a large extent, the entire Federal Judiciary)!
It’s totally within Judge Garland’s power, if he would only wake up and make the bold, yet totally logical, justified, and long overdue moves necessary. He’s already sinking deep into the morass of responsibility for probably the most dysfunctional, yet consequential, failed “court” system in American legal history. What’s he got to lose by taking the steps necessary to dramatically turn things around?
As I recently wrote about EOIR:
With so many extraordinarily talented, creative, courageous, independent legal minds out there in the private/NGO/academic sector of human rights/immigration/racial justice/due process this “intentional mediocrity (or worse)” is inexcusable. Yet, this massive failure of the U.S. justice system at the most basic level gets scant attention outside of Courtside, LexisNexis, ImmigrationProf Blog, Jeffrey S. Chase Blog, The Asylumist, and a few other specialized websites.
Recent GOP Administrations have been perfectly willing to unethically “weaponize” EOIR to carry out their far-right, nativist political agenda. They have “shrugged off” near-universal criticism of their most outrageous moves, including key quasi-judicial selections, and, inexcusably, “dumbed down” EOIR.
Democrats, by contrast, have been timid, indolent, and feckless, failing to undo the damage and make due process, fundamental fairness, and equal justice for all persons a reality rather than a cruel false promise. Garland appears bullheadedly determined to move in the same wrong direction.
And, “time’s a wasting!” We’re nearly a year into an Administration that promised real improvements but has basically carried out a disgraceful “Miller Lite,” anti-humanitarian, anti-constitutional agenda of abusing, mistreating, and dehumanizing legal asylum seekers and other migrants. As pointed out recently by a number of us, this also extends to the dedicated attorneys and representatives trying to preserve at least some semblance of justice in our stunningly dysfunctional Immigration Courts.
As if to prove his tone-deafness, imperviousness to meaningful change at EOIR, and utter disdain for those advocates and “practical scholars” who helped him get his job, after one “better-balanced selection list,” Garland’s latest 22 Immigration Judge appointments reverted to the usual array of government and prosecutorial background appointments to the near-total exclusion of private/NGO/academic sector superstars who have the potential to materially change the trajectory of today’s dysfunctional Immigration Courts. Check this out! How many names do YOU recognize as among the “leading lights” of human rights and immigration scholarship and advocacy? How is this going to help advance due process, promote fundamental fairness, reduce the backlog, develop best practices, and reverse the endemic dysfunction at EOIR?
Compare and contrast this list with the ”Dream BIA” described above. The private sector talent pool to improve judging and justice at EOIR is really deep. But, Garland stubbornly refuses to “take the plunge” even as what’s left of our immigrant justice system disintegrates around him!
As Neon Deion could tell Judge G., “getting the best when you’re not yet the best” often involves working extra hard hard to actively change perceptions and aggressively recruit the “star talent.” Just sitting back to see who might apply or sign up doesn’t work any better at EOIR than it does in “non-power-five” college football.
This should be a perhaps never to be repeated chance to “model” a better Federal Judiciary. Almost overnight, Immigration Courts could go from being a “sad but true YouTube comedy routine” to an inspiring model for a better-functioning and more just Federal Judiciary.
But, not with the current personnel in place! Not with the opaque inbred selection process Garland currently uses (getting some outside Government expert input into judicial selections would be a “no-brainer” starting place). Garland is letting it slip through his fingers, but migrants and the rest of us are going to pay the price!
The “new generation” of our legal profession should be both outraged and existentially motivated to stand up to Garland’s intransigence!It’s not just migrants’ lives that are at stake here (as if that weren’t enough, in and of itself)! It’s the future of the U.S. Justice system, our legal profession, and liberal democracy that are swirling down the drain as Garland watches from his ivory tower refuge!
My time on the stage is winding down. But, for a new generation of legal professionals, it’s just starting. YOU and yours are going to have to live with the broken justice system and inferior judging that Garland is countenancing. Demand better, or prepare to live with the ugly consequences of a failed judiciary!
🏈SPORTS: EXPOSED!— Badgers End B-10 Season With Inept Effort @ MN!— No Offense, Little D, Lead To Embarrassing Loss, Avoids Facing Michigan In Big-10 Title Game!
By Paul Wickham Schmidt
Courtside Exclusive
November 28, 2021
When the Wisconsin Badgers took the field in Minneapolis on Saturday, afternoon they knew they were one win over the then 7-4 Gophers away from a rematch with the Michigan Wolverines in the Big Ten Title Game next Saturday. For the next 60 minutes, the Badgers looked every bit like a team that wanted to avoid that potential matchup. (Michigan beat the Badgers 38-21 at Camp Randall in October). In the process, the Badgers also lost “Paul Bunyun’s Axe” for the second time in the past four years while being subjected to the Gopher fans’ imitation of Wisconsin’s “patented jump around.”
Wisconsin was soundly beaten on both sides of the ball by a modestly talented, yet better coached and clearly more motivated, Gopher team. The Badgers failed to score an offensive touchdown. Their sole trip to the end zone came in the first half on a lucky tipped “pick six” by Scott Nelson.
For the second straight week, Coach Jim Leonhard’s “shut down” Badger defense couldn’t get a “less than awesome” offense off the field, particularly yesterday when it counted. The Gophers controlled the tempo of the game from opening kickoff to final whistle.
Perhaps the “best” illustrations of Badger futility came early in the second half. Ahead 10-6 despite a lackluster first half, the Badgers received the second half kickoff with a chance to “make a statement.” They did! But, not the kind they wanted.
Deep in his own territory, Badger QB Graham Mertz lofted a weak pass to 6th year receiver Kendrick Pryor, who made only a half-hearted effort to catch it. Instead the Gopher defender took the ball away, setting up a short field. Three plays later, the Gophers trotted into the end zone to take a 13-10 lead as a bewildered Badger “D” passively looked on.
On the following possession the Badgers drove methodically inside the Minnesota 10. With second and two from the Gopher five, three downs to make 2 yards, and a then a potential four downs to score, the Badgers appeared destined to retake the lead. Instead, they were forced to settle for a tying field goal that proved to be their last score.
The Golden Gophersthen scored the final 10 points and held the Badgers at bay to notch the 23-13 victory. Badger freshman “sensation” running back Braelon Allen was a non-factor. The Badger “O Line’s” inability to open holes was matched by Allen’s failure to break tackles. The few attempts to hit Allen ‘in space” ended with him being stoned by Gopher defenders.
Badger senior tight end Jake Ferguson was another non-factor. Big Ten defensive coordinators have finally figured out how to defend him, particularly in the “red zone.” By contrast, Badger Coach Paul Chryst doesn’t seem to have developed an alternative.
Mertz is a good athlete, but at best an average “pocket passer.” Why not roll him out to create a run option when the receivers are covered? At least force the opposing D to make some difficult choices!
So, instead of a trip to the Big Ten Title Game in Indianapolis next week, the Badgers (8-4, 5-3) “earned” another trip to a “Podunk City Piddly Bowl” against a failed team from a different conference. The “B-Team” announcers sentenced to that (non) “classic,” will be required to shill about the wonders of the Badger defense, the prowess of Allen, and the brilliance of Head Coach Paul Chryst and Defensive Coordinator Jim Leonhard.
But, that won’t hide the truth about a mediocre team that once again underperformed preseason expectations.
You can trust Aaron Rodgers only to do what’s good for Aaron Rodgers. On a football field, his independence can be tolerated, and often preferred, because few quarterbacks have ever played the game as divinely as he can. For 17 seasons, the Green Bay Packers have benefited from Rodgers doing things his way because his way keeps them at a level hard to maintain in the parity-driven NFL.
This does not make him trustworthy, however. The Packers can trust his talent and stretch the definition of team to accommodate a player so stubborn and extraordinary. But they cannot trust him, not on matters that require deference or social responsibility or faith in anything other than his big ol’ ego.
No one can trust Rodgers to be more than what we have allowed him to become: a superstar in love with himself. Greatness has long been his shield. Now, as he uses it to plow through the saddest controversy of his career, it should be clear why Green Bay is wary of riding on his back for much longer.
[Aaron Rodgers lashes out against NFL, ‘woke mob’ in defense of vaccination status]
Rodgers — sometimes charming, often patronizing, always selfish — has caved to expectation for a change. On Friday, he provided what many had demanded all week after he was exposed for misleading the public about his coronavirus vaccination status: an explanation.
He should have kept his mouth shut.
“I realize I’m in the crosshairs of the woke mob right now,” Rodgers said during his regular appearance on “The Pat McAfee Show.” “So before my final nail gets put in my cancel culture casket, I think I would like to set the record straight on so many of the blatant lies that are out there about myself.”
When a preamble uses “woke mob” and “cancel culture” as a throat-clearing exercise, buckle up.
Rodgers proceeded to paint himself as a victim. Instead of limiting his argument to a legitimate concern — he said he could not take either the Moderna or Pfizer vaccine because he is allergic to an ingredient in them and also shared concerns that many have about the Johnson & Johnson shot — Rodgers drifted into conspiracy theories and tired, facile anti-vaccine opinions.
[Sally Jenkins: Aaron Rodgers is entitled to stay unvaccinated. He is not entitled to lie about it.]
“I go back to these two questions for the woke mob,” Rodgers said. “If the vaccine is so great, how come people are still getting covid and spreading covid and unfortunately dying from covid? If the vax is safe, how come the manufacturers of the vaccine have full immunity?”
His comments included a revelation that he had taken ivermectin, an anti-parasitic widely used in large animals and dismissed as an ineffective covid-19 treatment by the Food and Drug Administration. So the former guest host of “Jeopardy!” is now mangling facts.
. . . .
In a pandemic that has killed more than 750,000 Americans, Rodgers is unwilling to abandon his recalcitrance and think about the team. He didn’t care enough about the Packers to follow the NFL protocols for unvaccinated personnel because he didn’t believe in them. He doesn’t care enough about everyone else to trust facts because he doesn’t agree with them.
. . . .
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Read the complete article at the link.
Rodgers had largely redeemed himself from an embarrassingly bad opening performance in a loss to the Saints by helping lead the Pack to seven straight victories. Now, his leadership, integrity, and reputation are in tatters, probably irredeemably.
Without Rodgers, the Pack lost a potentially winnable game to the KC Chiefs on Sunday afternoon behind rookie QB Jordan Love, who frankly didn’t look ready to replace a three-time MVP.
Sure, it’s only one game, and the start was on short notice. But, performing at a reasonably high level on short notice is what being an NFL backup is all about. That’s particularly true for someone who is the “designated heir apparent.” I would have expected more from Love, even under difficult circumstances.
Some have opined that Love’s lackluster performance gives Rodgers more “leverage” in his relationship with the Packers. Assuming he recovers from COVID and isn’t suspended as a result of a league investigations into the incident, Rodgers is likely to be back on the field soon and might well get his team in the the post-season again.
But, his leadership and integrity will probably never recover from his gutless, selfish, and inexcusable self-victimization, as well as spreading of lies and conspiracy theories (not surprisingly, Prevea Health abruptly severed its relationship with “Mr. Ivermecton.”)
For better or worse, the public, particularly young athletes, do listen to what superstars like AR say. In no way is getting vaccinated against COVID “just about one’s personal choices.” No, it’s about building trust, setting good examples, social responsibility and creating a safer society for everyone. On those counts, the “sure-fire Hall of Famer” has forever established himself as a “Hall of Shamer.”
🏈 COURTSIDE SPORTS: AFTER UGLY START, AR & PACK ROLL TO 7-1 MIDSEASON MARK WITH 24-21 ROAD WIN OVER PREVIOUSLY UNDEFEATED ARIZONA CARDINALS!
Courtside Exclusive
By Paul Wickham Schmidt
Oct. 28, 2021
Missing three top receivers and their Defensive Coordinator, the Pack and Aaron Rodgers gutted out a 24-21 nail-biter over Kyler Murray and the previously undefeated Cardinals in the Arizona desert Thursday night. The much improved Packer defense did a decent job against the talented and elusive Murray. Meanwhile, in the absence of a dynamic passing game, Pack backs Aaron Jones and A.J. Dillon ground out 137 yards and “ate lots of clock” behind a rugged offensive line.
The Pack looked to be on the verge of putting the game away late in the fourth quarter when Aaron Jones apparently scored from one yard out to give the Pack a 30-21 lead. But, the TD was reversed on video replay and the ball placed one inch from the goal line. The Pack then totally flubbed three straight plays, including a delay of game, and came away empty when a weak fourth down Rodgers’ pass was batted down.
Murray then proceeded to lead his team on a 94 yard drive and seemed poised to cap it with a game winning touchdown, or at least a field goal to send the game into overtime. However, with only a few seconds left, Murray’s errant pass was picked off in the end zone by former Cardinal Rasul Douglas to save the Packer win. It was the third turnover for Arizona, each having a major impact on the game.
Next, the Pack will visit the 3-4 Kansas City Chiefs in what some have dubbed the “State Farm Bowl,” for the first time pitting insurance pitchmen, buddies, former Super Bowl winners, and previous league MVPs Rodgers and Patrick Mahomes against each other!
Divide and conquer is a good military strategy but a bad judicial one. Judges must consider how related facts weave to- gether into a narrative.
Chinese officials caught Cha Liang practicing his faith, so they beat, jailed, and then threatened him. When he sought asy- lum, the Board of Immigration Appeals minimized the threats and physical abuse as discrete incidents. But Liang’s twenty- minute beating and fifteen days in jail made the later threats more menacing. Because the Board should not have ignored this context, we will grant the petition and remand.
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Perhaps unwittingly, Judge Bibas’s use of a military analogy for EOIR “judging” is very, very apt! After four years of corrupt, White Nationalist, Stephen Miller inspired “leadership” and “judicial selections,” far, far too many judges and others at today’s EOIR view immigrants and their attorneys as “the enemy.” By contrast, they think of their “partners” at DHS as their “comrades in arms” against Stephen Miller’s fabricated “alien invasion” — a euphemism for “replacement theory” and other racist tropes that were seldom far below the surface of Trump-era immigration policies and actions.
It’s tempting to blame this entire mess on theTrump regime. But, sadly, manifestations of this problem were present well before 2017.
I remember an Immigration Judge Conference where, strangely, a recently appointed IJ, a former government prosecutor, was given an “instructor slot” at small group training. This Judge proceeded to repeatedly refer to the the DHS as “we” and the respondents and their lawyers as “them” as he enthusiastically described Government litigation “victories” while ignoring or downplaying Circuit Court decisions that had found serious flaws in EOIR judging and DHS legal positions.
That individual went on to a “judicial career” at EOIR that consistently demonstrated a disturbing and inappropriate inability to view those humans coming before the Immigration Court and their lawyers as anything other than “the enemy!” So, the ethical, cultural, and quality control problems at EOIR are very deep-seated.
Remember, this is a broken agency that once, but no more, was supposed to stand for “through teamwork and innovation, become the world’s best administrative tribunals guaranteeing fairness and due process for all.”
As the recent “John Gruden Episode” in the NFL shows, “corrosive culture” remains a huge problem in professional football. Similarly, EOIR’s “culture of denial with a heavily dose of racism, misogyny, and xenophobia” remains every bit as much of a problem as those plaguing the NFL. Disingenuously “minimizing threats” to asylum seekers, as in this case, is “business as usual” at Garland’s anti-immigrant, anti-asylum EOIR.
While the response of the NFL’s leadership has obviously been not fully effective, it’s still much better than Garland’s “what me worry, hear nothing, see nothing” approach to the crippling problems at his dysfunctional EOIR.
Garland’s inept approach to the ongoing due process disaster at his EOIR has been perplexing, to say the least! PHOTO: Wikipedia Commons
Gruden actually was promptly forced out when the full extent of his misconduct finally surfaced. By contrast, with overwhelming public evidence of systemic failure, Garland has catastrophically failed to replace the problematic judges and inept senior leaders at EOIR with better-qualified, progressive, practical scholar-expert judges unswervingly committed to due process, fundamental fairness, and equal justice!
Although not cited by the 3rd Circuit, the BIA and the IJ also ignored the leading BIA precedent of Matter of O-Z- & I-Z-, 22 I&N Dec. 23 (BIA 1998) (Panel: Hurwitz, Rosenberg, Schmidt) on the importance of considering harm cumulatively.
The concurring opinion by Judges Jordan and Ambro on past persecution as a “mixed question of fact and law” subject to a “two-step review process” is also well worth a read, particularly for those practicing in the 3rd Cir.
🏈😎 JOY RETURNS TO GREEN BAY — AR Throws Four TDS & Aaron Jones Scores Four Times As Pack Romps Over Lions 35-17 On Monday Night Football @ Lambeau!
Green Bay Packers
By Paul Wickham Schmidt
Courtside Sports Exclusive
September 21, 2021
Green Bay, WI.Aaron Rodgers and the Pack chased the memories of last week’s 38-3 prime time debacle against the Saints with a convincing 35-17 win over the Detroit Lions in their home opener at rainy Lambeau Field Monday night. Rodgers threw four TD passes, three of them to running back Aaron Jones and another on a dart to tight end Robert “Bobby” Tonyan. Jones, playing in memory of his father who died of COVID, added a rushing TD to his three scoring receptions.
Some of the Packer faithful among the 77,240 who packed Lambeau for the home opener had been engaged in “pregame warm-ups” on their tailgates since the morning. For the first half, they feared at least a partial repeat of last Sunday’s disaster in Jacksonville.
While the Packer offense finally woke up with their first TD drives of the season, the defense did little to stop the Lions offense behind “LA Rams refugee/transplant” Jared Goff. The visitors scored on their initial drive, and took a 17-14 lead into halftime, much to the shock of the announcers and most of the crowd.
The Lions’ attack featured former Packer all purpose running back and Green Bay fan favorite Jamaal Williams, although he was held to 37 total yards. Former Wisconsin Badger standout receiver Quentez Cepheus had 63 yards receiving for Detroit, including a TD and a 46 yard reception.
The second half, played largely in the rain and drizzle, was a completely different story. Rodgers and the Pack scored after taking the kickoff to assume the lead and were in charge thereafter. Green Bay shut out the Lions in the second half while scoring three touchdowns en route to their first win of the season, 35-17.
The Lions dropped to 0-2. The Pack evened their record at 1-1, moving into a tie with the Chicago Bears for first place in the NFC North. Next, the Pack travels to San Francisco for a Sunday Night Football date with the 2-0 49ers.
At least for now, things are back to a more even keel here in Green Bay!
“New look” Aaron Rodgers appears to have head somewhere other than football field! Is he looking to become Willie Nelson? PHOTO: USA Today
🦨🤮STINKER IN THE SUN — SANS ATTACK & DEFENSELESS, PACK IS NOT BACK, AS A.R. & FRIENDS FTA FOR OPENER👎🏽 — Winston, Saints Romp 38-3!
By Paul Wickham Schmidt
Courtside Sports Exclusive
September 13, 2010
Reigning NFL MVP Aaron Rodgers and the Green Bay Packers vs the Brees-less New Orleans Saints was supposed to be one of the prime-time “marquee matchups” of a generally exciting NFL opening slate. Someone forgot to tell A.R., sporting a new look — “retro-70’s” beard, scraggly hairdo, and head scarf — and his buddies in green and gold that there was a game on.
After a tumultuous off-season, featuring threats to sit out the 2021 campaign, Rodgers looked every bit like a guy who would rather be: 1) chatting with Erin Andrews, 2) strumming a six string for State Farm, 3) hosting Jeopardy, 4) chilling on the beach with latest gal pal Shailene Woodley, or 5) doing almost anything else not involving a football. After throwing only five interceptions last season, he threw two key interceptions, one in the red zone the other setting up a Saints’ score. His miserable 36.3 QB rating probably was generous.
The rest of his buddies from the NFC North followed AR’s lead, acting as though they were on vacation in Jacksonville, where the Saints’ “home game” was played because of hurricane damage in New Orleans. The receivers got no separation. The line didn’t block. The runners couldn’t run. The defense let the Saints have their way, en route to 322 total yards total offense.
The only reasonthe Saints didn’t pile up even more yards was because they were efficient on offense and defense and didn’t have to. But, on Sunday, this looked like a Packer “D” that could have 600 yards laid on them. Easily!
The Pack coaching staff, including new defensive “wizard” Joe Barry, looked like shell-shocked zombies. And, the “strategy” of resting all all the starters for the entire preseason played out every bit as dumb and ill-advised as it appeared to many pundits.
Lest anyone think that “relief is on the horizon,” the Pack’s “QB of the future,” Jordan Love looked like a “permanent work in progress” as he completed five of seven passes, but fumbled in the red zone in his unimpressive NFL debut against the Saint’s “mop-up defense.” The only “bright spot” for the “visitors” was the tens of thousands of loyal “Packer-backers” in thestands who waited in vain for their guys to show up.
By contrast, Drew Brees’s replacement, Jameis Winston, a “refugee from Tampa Bay” who hadn’t started a game in more than a year looked worthy of being “the successor” in New Orleans. He was 14-20-148-0with an astounding five TD passes against the hapless Pack secondary (thought be one of their “strengths” going into the season) and earning a Brees-like QB rating of 136. In a flip with the usually reliable Rodgers, Winston threw “smart passes” and avoided interceptions — the “Achilles heel” that ended his tenure with the Bucs.
The final score of 38-3 wasn’t indicative of how one-sided this game really was. Sure, it’s only one game.But, beyond “they couldn’t play any worse,” I didn’t see a lot to build on here! This team bore no resemblance to the group that was basically one play away from a possible Super Bowl last year.
Perhaps, as many assume, AR is merely “playing out the string” in Green Bay, with visions of signing elsewhere next year. But, despite clear Hall of Fame stats, the lack of leadership, enthusiasm, and effort by AR in this one might well give other teams pause as to whether he can do a “Tom Brady” in a different uniform.
So, since he decided to come back to the Pack for this season, I think AR would do well to play like he cares, even if it’s only to set up a deal for next year. And, the Pack might want to take a closer look at Love, who has yet to show that he can translate a sterling college career into “upper echelon” NFL QB performance.
Next week it’s the Detroit Lions in Green Bay. Normally, that’s good news for the Pack who have beaten the Lions the last four times at Lambeau. This is a “new-look” Lions team with Jarod Goff replacing Matthew Stafford at QB. While losing their opener at San Francisco, Detroit showed some energy and enthusiasm in closing a 28-point third quarter deficit to a 41-33 final. Although throwing a key interception, Goff looked much better than AR in the opener.
AR and the Pack need to shake off the sleep walk. Otherwise, it’s going to be a long, stormy season in Green Bay. The kind that will make you lose hair, rather than grow it!
“Floaters — How The World’s Richest Country Responds To Asylum Seekers” — According to the NYT, Biden immigration policy officials always shared this vision of “ultimate border deterrence” with Gauleiter Stephen Miller. Now, they are secretly relieved that Trump’s righty judges have “forced” them to continue running a lawless border and killing asylum seekers without legal process. EDS NOTE: GRAPHIC CONTENT – The bodies of Salvadoran migrant Oscar Alberto Mart??nez Ram??rez and his nearly 2-year-old daughter Valeria lie on the bank of the Rio Grande in Matamoros, Mexico, Monday, June 24, 2019, after they drowned trying to cross the river to Brownsville, Texas. Martinez’ wife, Tania told Mexican authorities she watched her husband and child disappear in the strong current. (AP Photo/Julia Le Duc)
MATAMOROS, Mexico — When the Supreme Court effectively revived a cornerstone of Trump-era migration policy late last month, it looked like a major defeat for President Biden.
After all, Mr. Biden had condemned the policy — which requires asylum seekers to wait in Mexico — as “inhumane” and suspended it on his first day in office, part of an aggressive push to dismantle former President Donald J. Trump’s harshest migration policies.
But among some Biden officials, the Supreme Court’s order was quietly greeted with something other than dismay, current and former officials said: It brought some measure of relief.
Before that ruling, Mr. Biden’s steps to begin loosening the reins on migration had been quickly followed by a surge of people heading north, overwhelming the southwest border of the United States. Apprehensions of migrants hit a two-decade high in July, a trend officials fear will continue into the fall.
Concern had already been building inside the Biden administration that the speed of its immigration changes may have encouraged migrants to stream toward the United States, current and former officials said.
In fact, some Biden officials were already talking about reviving Mr. Trump’s policy in a limited way to deter migration, said the officials, who have worked on immigration policy but were not authorized to speak publicly about the administration’s internal debates on the issue. Then the Supreme Court order came, providing the Biden administration with the political cover to adopt the policy in some form without provoking as much ire from Democrats who reviled Mr. Trump’s border policies.
Now, the officials say, they have an opportunity to take a step back, come up with a more humane version of Mr. Trump’s policy and, they hope, reduce the enormous number of people arriving at the border.
. . . .
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Read the rest of Natalie’s article at the link.
Who would have thought that neo-Nazi Stephen Miller would be the real winner of the 2020 election?
When he ”wins,” America and humanity “lose.” But, apparently that’s “A-OK” with some Biden Administration officials who lack the expertise, ability, courage, and political will to establish the rule of law for asylum seekers at our Southern Border! Attribution: Stephen Miller Monster by Peter Kuper, PoliticalCartoons.com.
Five decades of experience, including plenty of wall and fence building, civil detention, expedited dockets, restrictive interpretations, criminal prosecutions, family detentions, toddlers without lawyers, money to corrupt foreign governments, “don’t come, we don’t want you and care nothing about your lives messages,” in English and Spanish, says the Biden version of the “Miller Lite” approach will fail and ultimately expand the extralegal population of the U.S.
Of course, it also will kill more desperate humans in the desert, in Mexico, in squalid “camps,” and back in their home countries. Just so long as it’s “out of sight, out of mind.” The great thing about desert deaths is that often the bodies are never found or identified. Therefore, nothing can be proved, and it’s like these people “never happened.” It’s a real bureaucratic triumph! Foreign deaths are almost as good, as they seldom get much “play” in U.S. media and always can be blamed on something other than failed U.S. policies or foreign interventions.
I’d already observed that the DOJ’s “defense” of undoing Trump immigration policies seemed as half-hearted as it was ineffective. Perhaps their lackadaisical approach came right from the top!
And, the “policy geniuses” in the Biden Administration who think “Miller-Lite Time” will be a political “happy hour” (at humanity’s expense) should remember that the right will still successfully label them as “open borders” just as they did when Obama established himself as “deporter-in-chief!”
Meanwhile, their former progressive supporters will see through the false humane rhetoric. Does it really matter if we call individuals “foreign nationals” rather than “illegals” while we’re illegally exterminating them?
I’m afraid we know the answer to “Casey’s question:” NO!
”Sorry, Casey! Not only can’t anyone in the Biden Administration ‘play this game,’ they don’t even have the guts to suit up! They view a ‘forfeit’ to “Team Miller” as good as a ‘W.’ Remember, it’s not THEIR family, friends, or relatives dying at our border. It’s just ‘the other guys,’ so who cares? When it comes to U.S. immigration policy, foreign nationals all too often find that their lives and human dignity are just another form of expendable political capital.” PHOTO: Rudi Rest Creative Commons
“We hold that B.C. was denied due process because the IJ did not conduct an adequate initial evaluation of whether an interpreter was needed and took no action even after the language barrier became apparent. Those failures resulted in a muddled record and appear to have impermissibly colored the agency’s adverse credibility determination. We therefore vacate the BIA’s decisions and remand for a new hearing on the merits of B.C.’s claims. On remand, the agency must also remedy other errors B.C. has identified, which include dealing with the corroborative evidence he submitted.”
“Baljinder Singh achieved what many immigrants to our country seek: he became a naturalized citizen. Unfortunately, he did so through willful misrepresentation, and, as a consequence, his citizenship was revoked. Before that revocation and while he was still a citizen, he was convicted of conspiracy to distribute and possess with intent to distribute illegal drugs. That led the government to initiate removal proceedings against him, and he was in fact ordered to be removed. Singh now petitions for review of that final order of removal, arguing that the pertinent statutory provisions, by their terms, permit removal only of individuals who were “aliens” at the time of their criminal convictions, whereas he was a naturalized citizen when convicted. The government responds that we must defer to the interpretation given by the Board of Immigration Appeals (“BIA”) to those statutes and therefore must deny the petition for review. In the alternative, the government contends that Singh should be treated as if he had never been naturalized and was actually an “alien” at the time he was convicted. We disagree with both of the government’s arguments and will grant Singh’s petition for review.”
Who would have thought that nearly eight months into the Biden Administration, Garland would still be living in this guy’s house and cranking out some of America’s most unabashedly horrible “jurisprudence” that actually threatens human lives! This is competence? Attribution: Stephen Miller Monster by Peter Kuper, PoliticalCartoons.com
So many systemic problems here! So many obvious solutions! So much progressive expert talent out here who could get this system back on track and save lives in the process! So few excuses for Garland’s gross mishandling of the ongoing EOIR disaster!
The “culture of sloppiness, denial, and anti-immigrant bias” remains at EOIR almost eight months into the Biden Administration! Major personnel (new expert progressive judges committed to due process) and structural changes are necessary and long, long overdue!
The BIA needs to be replaced. Yesterday! Not rocket science! 🚀 Garland and his DOJ have no credibility whatsoever on civil rights, voting rights, or other racial justice issues as long as they run “star chambers” targeting primarily migrants of color (not to mention their long-suffering and dedicated lawyers, many acting pro bono).
“Justice” Star Chamber Style — Garland’s star chambers look and function disturbingly like those of Stephen Miller! Is this REALLY the “progressive humanitarian change” progressives voted for?
Immigrant justice IS racial justice IS equal justice for all! I’m certainly not the only person to have observed this!
⚠️WARNING TO PROGRESSIVE ADVOCATES: There can be no legitimate “asylum reform” without a strong, courageously progressive EOIR to set proper precedent, insure consistency, establish best practices, train judges and adjudicators, and police both the Immigration Courts and the Asylum Offices, including ordering corrective action to be taken in cases of those judge and officers repeatedly and demonstrably “not up to the job.” In simple terms, the culture of anti-asylum bias, racial dehumanization, and sloppy anti-immigrant decision-making that was promoted and institutionalized at EOIR under Sessions and Barr must be eradicated!
Do you seriously think that “this version” of EOIR, poorly trained, weakly staffed, and led by a BIA custom designed and packed by nativists to deny asylum and tilt in favor of DHS enforcement, will insure fairness and due process to asylum seekers in a “streamlined system?” No way!
Yet, beneath all the legal gobbledygook surrounding the proposed asylum regulation changes is the ugly reality that inflicting a “Miller-Lite” EOIR on asylum seekers and their advocates is EXACTLY what Garland and Mayorkas are absurdly proposing!
Advocates need to make their voices heard for immediate EOIR reforms from Garland and establishment of a new well-qualified, well-trained, progressive EOIR as an absolute, non-negotiable prerequisite to any more “gimmicks,” including most of the proposed asylum regulations.
As proved, beyond any reasonable doubt, day after day, Garland’s EOIR is “not quite ready for prime time” — not by a long shot! JUST SAY NO TO STREAMLINING & YET MORE “GIMMICKS” (see, e.g., “Dedicated Dockets”) WITHOUT RADICAL PROGRESSIVE EOIR REFORMS!⚖️🗽
The main problem with the current asylum system isn’t the law. It’s the unqualified folks charged with interpreting and applying it, those “defending the indefensible” (also an abuse of our legal process), and the spineless politicos unwilling to stand up for due process and the rule of law for migrants — at the border and elsewhere!
The failure of effective progressive leadership on EOIR reform at DOJ is simply appalling! And, OIL isn’t exactly covering itself in glory either! You can’t win the game without new and better players on the field. Right Casey?
“Casey Stengel might understand Judge Garland. The rest of us not so much.” Not going to win many games for humanity and the rule of law with Stephen Miller’s “nativist team” on the field. Is that fundamental truth really too deep for Garland and his “spear carriers” to grasp? PHOTO: Rudi Reit Creative Commons
Garland’s Unwillingness To Install Progressive Competence @ EOIR Continues to Drag Down the Ship Of State! PHOTO: Thomas Hawk Creative Commons Amateur Night
Here’s a link to the Notice of Proposed Rulemaking, courtesy of Dan Kowalski over at LexisNexis Immigration Community:
At first glance, this could potentially be a workable system, with some favorable aspects:
* Restores properly generous credible fear standard;
* Allows AO to grant well-established cases in first instance, even at the credible fear level, without referral to EOIR;
* Retains EOIR review of both credible fear and asylum denials;
* Doesn’t appear to affect pending and affirmative cases;
* Retains access to Circuit review of denials.
But, as with most things, the devil 👹 is in the details. And, personnel, leadership, direction, and accountability are absolute keys to success.
Without:
1) More and better Asylum Officers;
2) Far better training at the AO and EOIR (see, Michele Pistone);
3) Better IJs with proven expertise in asylum law and a demonstrated willingness to grant relief to worthy cases;
4) An entirely new BIA of progressive asylum experts to provide leadership, positive precedents, and accountability for both credible fear reviews and de novo asylum reviews;
5) An agreement with the private bar as to where and on what schedule these cases are to be heard, to achieve universal representation (see, Michele Pistone and VIISTA); and
6) Agreements with NGOs re housing, care, employment assistance to take pressure off particular communities;
this proposal appears to be “headed for failure.”
I can’t glean any of those essential characteristics from this NPR.
In their absence:
1) There are likely to be huge discrepancies in AO decisions;
2) Many current IJs, particularly from border areas, will simply “rubber stamp” both credible fear and asylum merits denials from the AO to keep the EOIR dockets moving and “make quota” (Lucas Guttentag, where are you?);
3) “Rubber stamping” of asylum denials is also endemic at the BIA, as currently comprised;
3) The current BIA will be reluctant to issue positive asylum precedents (not sure they even know how or have the ability to do so) and will likely concentrate on instructing AOs and the IJs on how to deny asylum or credible fear and have it stand up on review;
4) The private bar will be unable to keep up with the pro bono demand, causing many applicants to be unrepresented or underrepresented;
5) Asylum applicants will be concentrated in particular communities, often near the border, who will complain about the burdens being inflicted upon them by the Feds.
In other words, without better, expert, progressive leadership at both DHS and DOJ, and without major changes in personnel and training, this program will rapidly become a disaster, like other “streamlining” efforts that do not deal realistically with the practical aspects of implementation, particularly the qualifications, attitude, “culture,” and training of those making the actual decisions!A continuing lack of progressive leadership and expertise at the “retail level” will likely lead to widespread injustice, inconsistency, and eventually protracted litigation.
I am also concerned that the NPR appears to take the current 1.4 million case EOIR backlog (actually under-stated in the NPR as 1.3 million — Garland has grown it almost as rapidly as Barr-Sessions) as a “given.” But, there are readily available ways to dramatically slash this backlog by perhaps as much as 90% (see, Chen & Moskowitz plan) which would allow both IJs and the BIA to work on these cases “in real time” WITHOUT creating yet more “Aimless Docket Reshuffling” at EOIR (as the NPR, without the changes outlined above, is highly likely to do).
“Like the rest of us, Casey has no idea what Judge Garland is doing and what he hopes to achieve in his Star Chambers!” PHOTO: Rudi Reit Creative Commons
This leads me to reiterate Casey’s cosmic question: “Can’t anybody here play this game?”Ironically, there are many “all-star players” out here in the real world who can and would be “winners.” But, for whatever reason, to date, this Administration has unwisely chosen to leave most of them “on the sidelines” rather than giving them bats and gloves and putting them in the game. ⚾️ That’s painfully obvious at DOJ! Not a recipe for a “winning campaign” in my “preseason prediction.”
BY MATTHEW LA CORTE, JACOB CZARNECKI for the Niskanen Center
JULY 20, 2021
On July 3, the Milwaukee Bucks defeated the Atlanta Hawks to advance to the NBA Finals, an accomplishment not seen in the city in almost 50 years. Leading the charge for Milwaukee is the six-foot, eleven-inch Giannis Antetokounmpo. The Greek-born star is one of the best basketball players in the world today and a global ambassador for the NBA.
The best foreign-born player competing on the league’s biggest stage is the latest apex in the decades-long internationalization of the NBA. The stellar results of that process carry broader conclusions for immigration policy. But first, it’s worth understanding the particular lessons drawn from Antetokounmpo’s compelling journey, which took him from statelessness to global stardom.
Stateless and vulnerable
In December 1994, Giannis Antetokounmpo was born in Athens, Greece, to Nigerian immigrants. His parents arrived in the country without legal status in search of better employment opportunities. While in Greece, Giannis’ family faced the dual threats of potential deportation back to Nigeria and anti-immigrant attitudes within Greek society.
As a teenager, Giannis avoided going out at night for fear of being attacked by members of Golden Dawn, a neo-Nazi party responsible for numerous assaults on immigrants.
Giannis’ parents also struggled to maintain long-term employment due to their legal status, meaning he and his brothers informally sold consumer goods such as watches and hats to keep their family afloat. However, at the age of 13, Giannis would begin to see his family’s fortunes shift dramatically, as Spiros Velliniatis, a coach in the Greek amateur basketball leagues, began scouting him and his brothers (three Antetokounmpo brothers now play in the NBA).
The coach offered to find Giannis’ parents better-paying jobs in exchange for the right to train the brothers full-time — a lifeline provided even though Giannis struggled to dribble a basketball when he began training.
Despite a late start, Giannis’ work ethic and natural gifts would quickly make him one of the most sought-after basketball talents in all of Greece. NBA scouts and executives flocked to the country to see the future star in action. Eventually, Antetokounmpo was drafted 15th overall by the Milwaukee Bucks at the age of 18.
This accomplishment was nearly undone by the realities of his immigration status, however. Greece does not offer birthright citizenship as it exists in the United States. Instead, Greece requires at least one parent to hold Greek citizenship for the child to receive it. Thus, without papers from Greece or Nigeria, Antetokounmpo was considered stateless — despite having lived in Greece his entire life.
His stateless status threatened to prevent Giannis from traveling to New York for the NBA draft, leaving him with limited options to proceed other than attempting to secure a Nigerian passport. Luckily, the Greek government stepped in to provide citizenship to their budding star before the draft, ensuring that Antetokounmpo would be identified as Greek on the world stage — not Nigerian.
The struggle of Antetokounmpo’s parents to provide for their family reveals the challenges of being undocumented, and even after many barriers had been overcome, this statelessness could have prevented him from ever realizing his immense potential. It is easy, then, to see how a lack of legal status impacts individuals and families without the benefit of a star athlete in their ranks — conditions that apply to millions in the United States.
But the story also highlights an upside of American immigration law. Many of the issues Antetokounmpo faced during his youth derived from Greece’s lack of birthright citizenship — a policy central to the U.S. immigration system since the passage of the 14th Amendment. His tribulations display the value of this policy in the American context, enabling children to live their lives unburdened by immigration decisions their parents made before they were even born.
. . . .
Update: On July 20, the Milwaukee Bucks defeated the Phoenix Suns to win the 2021 NBA Championship. Giannis Antetokounmpo became the sixth player in NBA Finals history to score 50 points and unanimously won the 2021 NBA Finals Most Valuable Player (MVP) award.
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Read the full story at the link.
The last time the Bucks won the NBA crown, I was an L-1 at UW Law. That great team was led by Kareem (then known as Lew Alcindor), Oscar Robertson (“The Big O”), and Bobby Dandridge (“Bobby D,” who later went on to help the Washington Bullets — now the Wizards — win their sole NBA title). All three are Hall of Farmers, as no doubt Giannis will be some day.
And, yes, the birthright citizenship clause of the 14th Amendment is one of the wisest provisions in American law! Not only does it prevent statelessness, but it also guarantees that even when Congress drops the ball and fails to legalize long-term American residents without documentation, there will not be generations of “underground Americans.” For the most part, the “next generation” become U.S. citizens through birth in the U.S. and our country goes on to grow and prosper. They also receive full political rights, rather than being disenfranchised and forced into an extralegal, exploitable fringe society.
🏀🇺🇸Congrats to Giannis and all the the Bucks, and Due Process Forever!
Another EOIR “Town Hall” In The Offing? PHOTO: Thomas Hawk Creative Commons
Alas, the crack “I-Team” from “Courtside on Your Side” was unable to attend. But a long time EOIR veteran provided this helpful analysis:
[A]fter the debacle EOIR called a Town Hall yesterday I am very afraid for EOIR’s future.
Now, as some readers might remember, I previously had set perilously low expectations for this latest escapade in “Mindless Micromanagement From On High.”
But, my sources inform me that EOIR substantially underperformed even those rock bottom levels!
So much for the idea that a “real judge” might be able to bring “real justice” to the Halls of Injustice! Hope springs eternal, ever to be ruthlessly dashed by the tone-deaf politicos @ DOJ and the incompetent bureaucrats @ Falls Church!
Here’s a “Pop Quiz.”
How many senior executives and BIA Appellate Judges have ever represented an asylum seeker in Immigration Court?
How many senior executives at EOIR have set foot in an Immigration Courtroom in the past year?
How many DOJ politicos and EOIR senior managers have ever conducted a full Master Calendar hearing?
Can you name a U.S. Court System that has successfully eliminated a 1.3 million case backlog through “Aimless Docket Reshuffling” conducted by non-judicial officials far removed from the trial courts?
David Wetmore, the current Chair & Chief Appellate Judge of the BIA, owes allegiance to which of the following:
a) Stephen Miller
b) Donald Trump
c) Joe Biden
d) Merrick B. Garland
e) Beelzebub
BONUS QUESTION:
6) From the late Casey Stengel: Can’t anyone here play this game?
“Casey Stengel might understand Judge Garland’s game plan. The rest of us not so much.” PHOTO: Rudi Reit Creative Commons
– Sozi
