Tag: Best Practices

😎🗽⚖️ NDPA SUPERRSTAR 🌟 STACY TOLCHIN WINS EQUITABLE TOLLING CASE IN 5TH CIR! — BOCH-SABAN V. GARLAND (Published) — What if . . . . 

Stacy Tolchin
Stacy Tolchin ESQ
Law Office of Stacy Tolchin
Pasadena, CA
PHOTO: Website

https://www.ca5.uscourts.gov/opinions/pub/20/20-60540-CV0.pdf

Key Quote:

Whatever the merits of Liadov were at the time it was issued, the Supreme Court has since made quite clear that only statutes that are set forth to be construed as jurisdictional are, in fact, jurisdictional. See, e.g., Hamer v. Neighborhood Hous. Servs. of Chi., 138 S. Ct. 13, 21 (2017) (“‘[M]andatory and jurisdictional’ is erroneous and confounding terminology where, as here, the relevant time prescription is absent from the U.S. Code.”). Among others, the Second and Ninth Circuits have held, subsequent to Liadov, that the thirty-day BIA appeal filing rule is non-jurisdictional and subject to equitable tolling. See Attipoe v. Barr, 945 F.3d 76, 78–80 (2d Cir. 2019) (“Liadov is at odds with precedent in this Circuit and in others, as well with the Supreme Court’s repeated admonition not to treat claim-processing rules—such as the filing deadline in 8 C.F.R. § 1003.38—as jurisdictional.”); Irigoyen-Briones v. Holder, 644 F.3d 943, 946–48 (9th Cir. 2011). We agree with, and adopt, these courts’ reasoning. The BIA has the jurisdiction to hear the case if Boch-Saban establishes equitable tolling, an issue that the BIA should address in the first instance. For these reasons, we remand this case to the BIA to determine whether Boch-Saban proved entitlement to equitable tolling.

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

Case started 17 years ago. R has been married to USC for 9 years. 5 years ago, the DHS agreed that the case should be terminated to allow the respondent to pursue an IV.

What if IJs routinely granted joint motions like this?

What if they were encouraged to do so?

What if the “best practice” in Immigration Court were to encourage maximum use of joint agreements by the parties?

What if the BIA actually encouraged and enforced “best practices?”

What if long residence and being eligible for legal immigration were consistently treated as  “compelling equities.”

Wouldn’t those be “painless methods” for reducing the 1.7 million case backlog without gimmicks or stomping on anyone’s rights?

What if “practical scholar-litigators” like Stacy (a “complex litigation specialist”), who understand and have experienced the “dynamics” of Immigration Courts, were selected to become Immigration Judges and Appellate Immigration Judges?

🇺🇸 Due Process Forever!

PWS

04-10-22

Related posts:

  1. ⚖️5TH CIRCUIT BELATEDLY “OUTS” IJ AGNELIS REESE (NOW RETIRED) FOR 99.5% ASYLUM DENIAL RECORD —  “We find it likely that a ‘reasonable man, were he to know all the circumstances, would harbor doubts about the judge’s impartiality.’” Inexplicably Garland & Co. Let Other “Asylum Deniers Club” Members Continue to Wreak Havoc On Asylum Seekers, Their Lawyers, & The Entire U.S. Justice System!🤮
  2. 🧑🏽‍⚖️⚖️🗽🇺🇸WHO’S JUDGE IS IT ANYWAY? — The Crisis Of Independence In Our Immigration Courts! — Coming April 7, 2021! — Sponsored By The HNBA! — Don’t Miss It!
  3. 🆘🤮IS 11TH CIR. GROWING WEARY OF GARLAND’S SCOFFLAW BIA? —Two Trips To The Circuit, & The BIA Still Violates Own Regulations, Ignores Precedent, Spouts Gibberish While OIL’s Defense Of This Nonsense & Malfeasance By EOIR Raises Serious Ethical Questions! — THAMOTAR v. U.S. ATT’Y GEN. — Garland’s Dysfunctional & Systematically Unjust Courts Undermine OUR Democracy☠️ — Demand An IMMEDIATE End To The Scofflaw Nonsense🤡 🧹 At OUR Justice Department! 🏴‍☠️
  4. 🏴‍☠️👎🏽🤮 AIMLESS DOCKET RESHUFFLING (“ADR”) ON STEROIDS! — EOIR Dysfunction Shows What Happens When “Captive Court System” Kowtows To Political Handlers Rather Than Serving The Public! — Jason Dzubow, The Asylumist, Reports!

ASYLUM: LAW YOU CAN USE: All-Star Professor Michele Pistone Of Villanova Law Writes & Directs “Must See TV” — “Best Practices in Representing Asylum Seekers”

Go on over to Dan Kowalski’s LexisNexis Immigration Community here for all the links to the 19-part series on You Tube made possible by the American Law Institute with an introduction by none other than Justice Sandra Day O’Connor:

https://www.lexisnexis.com/legalnewsroom/immigration/b/immigration-law-blog/archive/2017/11/16/video-series-best-practices-in-representing-asylum-seekers.aspx?Redirected=true

Thanks, Michele, for all you do for the cause of Due Process for migrants and better Immigration Court practices!

PWS

11-17-17

 

Related posts:

  1. “TERRIFIC TRIO” INSPIRES STUDENTS, FIGHTS FOR IMMIGRANT JUSTICE AT UVA LAW IMMIGRATION CLINIC — PLUS EXTRA BONUS: Go Back To School This Fall — Take My “One-Lecture” Class “Basic Asylum Law for Litigators” Right Here!
  2. PRO PUBLICA: HOW OUR GOVERNMENT HAS CYNICALLY TURNED WHAT SHOULD BE A GENEROUSLY ADMINISTERED, LIFE-SAVING, PROTECTION-GRANTING ASYLUM SYSTEM INTO A “GAME OF CHANCE” WITH POTENTIALLY FATAL CONSEQUENCES FOR THE HAPLESS & VULNERABLE “PLAYERS!” –Play The “Interactive Version” Of “The Game” Here – See If You Would Survive or Perish Playing “Refugee Roulette!”
  3. MICHELLE BRANE @ WOMEN’S REFUGEE COMMISSION — “Why I March!”
  4. VIEWS YOU CAN USE: SOPHIA GENOVESE SETS FORTH A BLUEPRINT FOR LEGAL RESISTANCE TO WHITE NATIONALIST XENOPHOBIA & SESSIONS’S ASSAULT ON HUMAN RIGHTS & THE RULE OF LAW FOR ASYLUM SEEKERS!