Tag: New York Legal Assistance Group

THE GIBSON REPORT — 02-14-21💝 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Mandatory E-Filing @ EOIR Starts & Lots Of Other “Interesting Stuff!”  — CMS Study Shows How Garland Is Ignoring the “Low Hanging Fruit” On His Out of Control EOIR Backlog! ☹️

Elizabeth Gibson
Elizabeth Gibson
Attorney, NY Legal Assistance Group
Publisher of “The Gibson Report”

PRACTICE ALERTS

 

Mandatory E-Filing with EOIR Is Now in Effect

Efiling is not permitted for cases with a preexisting paper file, but all new cases moving forward require efiling with ECAS.

Once a case is fully ECAS, you do not need to serve ICE separately. However, you still need to submit a certificate of service that lists ECAS as the means of service. eService/mail can still be used on paper files. eService is the only method of filing for PD requests.

Also, EOIR apparently has not come up with a system for filing motions to substitute counsel in ECAS. The system physically will not let you file a new primary E-28 if there already is an attorney, and you cannot file a motion without an E-28. The workaround so far has been to file a non-primary E-28 and then to ask the court to change it to primary. Hopefully, EOIR will fix this soon.

 

Updated Legal Assistant Directories for NYC (attached)

 

NEWS

 

U.S. to try house arrest for immigrants as alternative to detention

Reuters: The Biden administration will place hundreds of migrants caught at the U.S.-Mexico border on house arrest in the coming weeks as it seeks cheaper alternatives to immigration detention, according to a notice to lawmakers and a U.S. Department of Homeland Security (DHS) official. A 120-day pilot program will be launched in Houston and Baltimore, with 100-200 single adults enrolled in each location, according to the notice, which was sent by U.S. Immigration and Customs Enforcement (ICE) and reviewed by Reuters. See also Immigrant Rights Organizations Call on Biden to Stop Expansion of Surveillance and End the Immigration Detention System as a Whole.

 

The Continuing Impact of The Pandemic on Immigration Court Case Completions

TRAC: As of the end of January 2022, the pace of Immigration Court work continues to lag as a result of the pandemic. There have been not only fewer case completions, but the average time required to dispose of each case has doubled since before the pandemic began.

 

Nationwide Labor Pause Planned In ‘Day Without Immigrants’ Protest

LAA Weekly: Valentine’s Day has been strategically selected for the “Day Without Immigrants” protest, as it is a day where an abundance of consumer spending occurs, through labor that is often carried out by immigrants.

 

Quick Fix to Help Overwhelmed Border Officials Has Left Migrants in Limbo

NYT: These migrants were instructed to register with Immigrations and Customs Enforcement within 60 days to complete the process the border officials started. But in some parts of the country, local ICE offices were overwhelmed and unable to give them appointments. So the Haitian family and other new arrivals have spent months trying in vain to check in with ICE and initiate their court cases.

 

US citizenship agency reverts to welcoming mission statement

AP: The new statement unveiled Wednesday by Citizenship and Immigration Services Director Ur Jaddou is symbolic but somewhat restores previous language after the agency removed a reference in 2018 to the U.S. being a “nation of immigrants.”

 

Salvadoran Denied Naturalization Over Pot Dispensary Job

Law360: A Washington federal judge has ruled that a Salvadoran citizen’s U.S. naturalization application was properly denied because of her admission that she distributes marijuana as co-owner of a state-licensed dispensary.

 

EOIR Apologizes After Asking Atty To Delete Tweets

Law360: The U.S. Department of Justice’s Executive Office for Immigration Review apologized on Tuesday to an attorney after asking her to delete tweets about immigration court hearings for people enrolled in the controversial “Remain in Mexico” program.

 

Undocumented parents have weathered a pandemic with no safety net

WaPo: A patchwork of federal aid kept many families afloat during the pandemic, but families with undocumented parents did not qualify for most of it, including unemployment insurance, the stimulus payments, Medicaid and food stamps.

 

LITIGATION/CASELAW/RULES/MEMOS

 

AO issues NOID for Afghan Who Worked for U.S.

Boston AO: A NOID from the asylum office stated that an individual who worked for the U.S. government as a mechanic had not demonstrated a fear of future persecution based on his imputed political opinion. The AO held there was insufficient evidence the Taliban was or would become aware of his imputed political option. The AO also stated the Taliban does not have the capability to persecute all former employees of the U.S. and the applicant had not demonstrated similarly situated people were being targeted. Counsel has submitted a detailed rebuttal with testimony from a US military official, and the applicant’s mother was granted asylum by a different officer.

 

District Court Vacates Two Trump Administration Asylum EAD Rules

AILA: A federal district court vacated the final rules “Removal of 30-day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization Applications” and “Asylum Application, Interview, and Employment Authorization for Applicants.” (AsylumWorks v. Mayorkas, 2/7/22)

 

Lawsuit against the BIA Levels the Legal Playing Field for Immigrant Advocates

NYLAG: Under the settlement, the Board will be required to place nearly all its opinions into an online reading room, accessible to all in perpetuity, ensuring that immigration advocates will have access to these opinions within six months of when they are issued. The Board also must post its decisions dating back to 2017 as well as some from 2016. Posting will begin in October 2022 and will be phased in over several years.

 

2nd Circ. Says BIA Undercuts Precedent In Asylum Case

Law360: The Second Circuit on Wednesday granted a Nigerian man’s petition for review of a Board of Immigration Appeals order that denied him asylum, finding that the agency made several legal and procedural errors and did not adequately explain its reasons.

 

3rd Circ. Says Nigerian Paroled Into US Wasn’t ‘Admitted’

Law360: The federal government properly charged a Nigerian man as inadmissible to the U.S. rather than removable, because his entry to the country on parole constituted an arrival despite his previous admission, the Third Circuit ruled Friday.

 

CA6 on U Visa Waitlisting: Barrios Garcia v. DHS

Lexis: We hold that § 706(1) allows the federal courts to command USCIS to hasten an unduly delayed “bona fide” determination, which is a mandatory decision under 8 U.S.C. § 1184(p)(6) and the BFD process. We hold, however, that the federal courts cannot invoke 5 U.S.C. § 706(1) to force USCIS to speed up an unduly delayed pre-waitlist work-authorization adjudication, which is a nonmandatory agency action under 8 U.S.C. § 1184(p)(6) and the BFD process. We hold that Plaintiffs have sufficiently pleaded that USCIS has unreasonably delayed the principal petitioners’ placement on the U-visa waitlist.

 

9th Circ. Finds Part Of Immigration Law Unconstitutional

Law360: The Ninth Circuit invalidated the subsection of a law that makes it a crime to encourage unlawful immigration, ruling Thursday it is overbroad and covers speech that is protected by the First Amendment.

 

9th Circ. Rejects Mexican Kidnapping Victim’s Protection Bid

Law360: The Board of Immigration Appeals need only to consider the possibility — not the reasonableness — of an immigrant’s safe relocation back to their home region when weighing protections under the Convention Against Torture, the Ninth Circuit ruled Wednesday.

 

USCIS, Immigrants Get Approval To Bar Juvenile Policy In NJ

Law360: A New Jersey federal judge signed off Wednesday on a class action settlement that would prevent the U.S. Citizenship and Immigration Services from refusing to place young immigrants on the path to a green card based on Garden State family court findings.

 

Foreign Spouses May Work With Feds’ Approval At Border

Law360: U.S. Customs and Border Protection is marking the entry records of certain foreign executives’ spouses to show that they are immediately eligible to work in the U.S. without going through the monthslong process of obtaining a work permit.

 

EOIR to Close Fishkill Immigration Court

AILA: EOIR will close the Fishkill Immigration Court due to the closure of the Downstate Correctional Facility in which the court is located. Holding hearings at the location will cease at close of business on February 17, 2022. Pending cases at time of closure will transfer to Ulster Immigration Court.

 

EOIR Clarifies Alternative Filing Locations

AILA: EOIR updated its Operation Status website with information clarifying that alternate filing locations are designated for the purpose of filing emergency motions and explaining how it will treat other filings if a court is closed.

 

USCIS Issues Updated Policy Guidance Addressing VAWA Petitions

AILA: USCIS updated policy guidance addressing VAWA petitions, specifically changing the interpretation of the requirement for shared residence. The guidance also affects use of INA 204(a)(2), implements the decisions in Da Silva v. Attorney General and Arguijo v. United States, and more.

 

DHS and VA Launch New Online Resources for Noncitizen Service Members, Veterans, and Their Families

AILA: DHS, in partnership with the Department of Veterans Affairs and Defense, launched an online center to consolidate resources for noncitizen service members, veterans, and their families, including a request form for current or former service members seeking return to the U.S. after deportation.

 

USCIS Updates Policy Guidance on VAWA Self-Petitions

USCIS: We are updating our interpretation of the requirement for shared residence to occur during the qualifying spousal or parent-child relationship. Instead, the self-petitioner must demonstrate that they are residing or have resided with the abuser at any time in the past.

We are also implementing nationwide the decisions in Da Silva v. Attorney General, 948 F.3d 629 (3rd Cir. 2020), and Arguijo v. United States, 991 F.3d 736 (7th Cir. 2021). Da Silva v. Attorney General held that when evaluating the good moral character requirement, an act or conviction is “connected to” the battery or extreme cruelty when it has “a causal or logical relationship.” Arguijo v. USCIS allows stepchildren and stepparents to continue to be eligible for VAWA self-petitions even if the parent and stepparent divorced.

 

RESOURCES

 

 

EVENTS

 

 

ImmProf

 

Monday, February 14, 2022

Sunday, February 13, 2022

Saturday, February 12, 2022

Friday, February 11, 2022

Thursday, February 10, 2022

Wednesday, February 9, 2022

Tuesday, February 8, 2022

Monday, February 7, 2022

 

 

 

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After two plus decades of largely wasted time, effort, and resources, EOIR finally moves into the era of E-Filing! 

Elizabeth notes one of the “initial workarounds” for motions to substitute counsel. While early glitches are to be expected in any system, this one seems odd because: 1) the system has supposedly been extensively “beta tested;” and 2) motions to substitute counsel have to be one of the most common motions filed at EOIR (particularly with cases often taking many years to complete with the ever-growing 1.6 million case backlog.)

I’d be interested in getting any “practitioner feedback” on how this system (applicable only to newly filed NTAs) is working out for them. You can just put in the “comments box” for this post.

Speaking of backlog, this excellent recent study and analysis from CMS (under “Friday Feb. 11” above) certainly suggests that the majority of the “aged cases” being “warehoused” by Garland’s EOIR relate to law-abiding long-term residents who are already firmly grounded in our society and should be prime candidates for “non-priority” status and removal from the dockets. 

Undocumented immigrants contribute to every aspect of the nation’s life.16 During the COVID-19 pandemic, the case for legalization has become increasingly evident to the public and policymakers due, in part, to the fact that a remarkable 74 percent of the nation’s 7.3 million undocumented workers meet DHS’s definition of essential workers (Kerwin and Warren 2020). As the nation ages and its population over age 65 exceeds that under age 15 (Chamie 2021), the need for immigrant workers will only increase. US fertility rates fell for five consecutive years prior to the COVID-19 pandemic, and the US birth rate decreased by four percent in 2020 (Barroso 2021).17

Legalization programs benefit the larger society: they “raise wages, increase consumption, create jobs, and generate additional tax revenue” (Hinojosa-Ojeda 2012, 191).18 One study has estimated that broad immigration reform legislation, including a legalization program and a flexible, rights-respecting, legal immigration system, would add $1.5 trillion to the US gross domestic product over 10 years (ibid., 176). Another study found that a legalization program would increase the productivity, earnings, and taxes paid by the legalized, resulting in increased contributions to the Social Security (SS) program, which would more than offset the SS benefits that they would receive (Kugler, Lynch and Oakford 2013).

Indeed, the data in the CMS study confirms what many of us have suspected for a long time: That deportation of many of the individuals now occupying the Immigration Court’s mind-boggling docket backlog actually would be a counterproductive “net loss” for the U.S.!

So, why are Garland and Mayorkas letting the backlog fester and ooze disorder and injustice? ☠️ Rather than using largely self-created backlogs to support more “enforcement gimmicks” purporting to lead to the forced removal of many productive members of our society, EOIR is long overdue for some form of the “Chen Markowitz Plan” in anticipation of the types of ameliorative legislation outlined in the CMS study.  

Ready to Stay: A Comprehensive Analysis of the US Foreign-Born Populations Eligible for Special Legal Status Programs and for Legalization under Pending Bills by Donald Kerwin, José Pacas, Robert Warren

https://immigrationcourtside.com/2021/02/04/its-not-rocket-science-%f0%9f%9a%80-greg-chen-professor-peter-markowitz-can-cut-the-immigration-court-backlog-in-half-immediately-with-no-additional-resources-and/

Donald M. Kerwin
Donald M. Kerwin
Executive Director
Center for Migration Studies — He and his friends at CMS have some great ideas on immigration and human rights backed by some of the best scholarship around! Why are Garland, Mayorkas, and others “tuning them out” while they continue to bungle immigration policy, degrade human rights, and undermine our legal system?

Garland’s disgraceful failure to put a “Progressive A-Team” in charge at EOIR continues to drag down our entire justice system.

Note that Sessions and Barr had no trouble and no hesitation installing their “Miller Time” restrictionist team at DOJ and EOIR despite almost universal outrage and protests from human rights advocates, immigration experts, and some legislators! 

Why do Dems keep appointing AG’s who are too “tone deaf,” clueless, and timid to fully “leverage” the almost unlimited potential of reforming EOIR to be a font of due process, best practices, and scholarly,  efficient judging?

Why do Dems prefer the equal and racial justice “disaster zone” that they have helped to create, aided, and abetted over the past two decades of abject failure and disorder at EOIR?

There is a reason why Chair Lofgren and others on the Hill are pushing for Article I! But, that in no way diminishes or excuses the failure of Garland to make available due process and best practices reforms at EOIR, including a major shakeup of “Trump holdover” judges and managers who aren’t up to the job of running a system “laser-focused” on due process and fundamental fairness!

🇺🇸 Due Process Forever!

PWS

02-15-22

Related posts:

  1. HOW “AMERICA’S KILLER COURTS” PROMOTE “CRIMES AGAINST HUMANITY” — HUMAN RIGHTS WATCH: TRUMP & HIS WHITE NATIONALIST SYCOPHANTS & TOADIES TOUT LAWLESS POLICIES THAT VIOLATE LEGAL OBLIGATIONS & HELP KILL, RAPE, TORTURE THOSE RETURNED TO EL SALVADOR — Supremes & Article III Judiciary Complicit In Gross Human Rights Violations! 
  2. 🦘🏴‍☠️☠️⚰️⚖️👎🏻🤮“KANGAROO KOURTS” MUST GO: NY City Bar Blasts Billy The Bigot Barr’s Deadly Immigration Court Farce, Calls For Article I! — “This step is now more crucial than ever, as ‘the many steps that the current administration has taken to politicize the court…have frayed the bare threads of justice that existed before to the point of a complete rupture, leaving not even the appearance of justice or due process of law.’”
  3. WOW, HERE’S A SURPRISE: MANY KIDS FLEEING VIOLENCE IN THE NORTHERN TRIANGLE KNOW NOTHING ABOUT BIDEN BORDER POLICIES — They Are Just Trying To Save Their Lives!
  4. 👍🏼⚖️🗽MAJORITY OF ASYLUM SEEKERS WIN THEIR CASES, EVEN IN A BROKEN & BIASED  SYSTEM INTENTIONALLY STACKED AGAINST THEM — But, Only, If They Can Get To A “Merits Adjudication!” — Nativist Lies, Myths, Driving USG Policies Exposed! — Why USCIS & EOIR Self-Created Backlogs Primarily Shaft Those Deserving Legal Protection Of Some Type!

⚠️🚸🆘☠️☹️THE GIBSON REPORT —10-25-21 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Posts Show How USG’s Scofflaw Asylum Policies Generate Unnecessary Irregular Entries, Misleading Statistics, More Unnecessary CBP “Apprehensions,” More CBP Abuses, No Accountability For Abusers, & No Plans By Biden Administration To Rectify Situation — Lack Of Principled, Realistic, Legally Compliant Border Policy Undermines Democracy!

Elizabeth Gibson
Elizabeth Gibson
Attorney, NY Legal Assistance Group
Publisher of “The Gibson Report”

NEWS

 

9th Circ. nixes order mandating more COVID protections for ICE detainees

Reuters: The 9th U.S. Circuit Court of Appeals in a 2-1 ruling said the preliminary injunction issued last year improperly placed ICE’s entire network of detention facilities under the direction of a single federal judge, an error because the plaintiffs failed to show systemic nationwide shortfalls in detainee health protections.

 

DOJ lifts Trump-era case quotas for immigration judges

ABA: Immigration judges will no longer be required to close 700 cases per year to get a “satisfactory” rating.

 

Border Patrol apprehensions hit a record high. But that’s only part of the story

NPR: The Border Patrol recorded nearly 1.7 million migrant apprehensions at the Southern border over the past year — the highest number ever, eclipsing the record set more than two decades ago. But that doesn’t mean it’s the biggest number of individual migrants who’ve illegally crossed from Mexico into the U.S. in a single year. In fact, it’s probably not even close. See also Tired of waiting for asylum in southern Mexico, thousands of migrants march north.

 

New York Set Aside $2.1 Billion for Undocumented Workers. It Isn’t Enough.

NYT: A demand for aid has depleted the Excluded Workers Fund in New York, and thousands of those who qualify could miss out on payments. See also Immigrant families struggle to access child tax credit payments.

 

A Leaked US Government Report Documents How People With Medical Conditions And Disabilities Were Forced Into The “Remain In Mexico” Program

BuzzFeed: The report offers a rare window into the behind-the-scenes dysfunction and confusion surrounding the so-called Remain in Mexico program, which is set to come back.

 

‘It Should Not Have Happened’: Asylum Officers Detail Migrants’ Accounts of Abuse

NYT: More than 160 reports, obtained by Human Rights Watch, reveal details of mistreatment that asylum seekers described experiencing from border officials and while in U.S. custody.

 

Border agents who made violent, lewd Facebook posts faced flawed disciplinary process at CBP, House investigation finds

WaPo: A U.S. Customs and Border Protection discipline board found that 60 agents “committed misconduct” by sharing violent and obscene posts in secret Facebook groups but fired only two — far fewer than an internal discipline board had recommended, according to a House Oversight and Reform Committee report released Monday.

 

ICE Review Of Immigrant’s Suicide Finds Falsified Documents, Neglect, And Improper Confinement

Intercept: An internal review of Efraín Romero de la Rosa’s death in ICE custody found almost two dozen policy violations during his stint in detention.

 

Biden’s Pick To Lead CBP Supports Two Of Trump’s Most Controversial Border Initiatives

Intercept: In a confirmation hearing, Tucson Police Chief Chris Magnus signaled support for Title 42 and border wall construction.

 

Biden’s Embrace Of Border Tech Raises Privacy Concerns

Law360: President Joe Biden hasn’t shied away from using controversial technologies for immigration enforcement, raising concerns that his predecessor’s pet project to build a border wall is being replaced with a “virtual wall” rife with privacy and civil liberties problems.

 

California Hires Border Wall Contractors to Screen, Vaccinate Migrants

Newsweek: SLS was previously assigned to build the border wall under the Donald Trump administration, but now it is expected to work with the health department to also offer migrants prescription services and transportation for “safe onward travel.”

 

LITIGATION/CASELAW/RULES/MEMOS

 

Justices Revive Citizenship Suit After Feds Yield Ground

Law360: The U.S. Supreme Court on Monday vacated a Third Circuit ruling in a deportation case that barred a Yemeni man from acquiring citizenship through his naturalized but divorced parents, after the Biden administration said the lower court overlooked precedent.

 

Anti-Immigration Group Asks Justices To Nix Bond Hearings

Law360: Advocates of drastically reduced immigration urged the U.S. Supreme Court on Thursday to overturn decisions in the Third and Ninth circuits that said migrants who have been detained more than six months should get a bond review hearing.

 

High Court Urged To Reverse ‘Impossible’ Review Standard

Law360: A coalition of conservationists and ranchers has asked the U.S. Supreme Court to review a Ninth Circuit ruling that the federal government need not subject immigration policies to environmental review, saying it created an “impossible” standard for challenging immigration programs.

 

1st Circ. Orders BIA To Weigh Honduran Man’s Testimony

Law360: The First Circuit revived a Honduran man’s bid for protection from a deportation order, ruling that immigration authorities saw discrepancies in his testimony that he faced persecution as an HIV-positive gay man where there were none.

 

CA2 Finds Connecticut Convictions for Possession of Narcotics with Intent to Sell Were Aggravated Felony Drug Trafficking Offenses

AILA: The court held that the petitioners’ convictions under Connecticut General Statute §21a-277(a) were controlled substance offenses and aggravated felony drug trafficking crimes, and that the jurisdictional holding of Banegas Gomez v. Barr remained good law. (Chery v. Garland, 10/15/21)

 

CA3 Finds BIA Misapprehended Applicable Law by Not Considering Religious Persecution Against Chinese Petitioner Cumulatively

AILA: Granting the petition for review and remanding, the court held that while the BIA was correct in finding that the petitioner had not suffered political persecution in China, its reasons for rejecting religious persecution were flawed. (Liang v. Att’y Gen., 10/12/21)

 

CA4 Strikes Down Matter of S-O-G- & F-D-B-

AILA: The court abrogated Matter of S-O-G- & F-D-B-, holding that 8 CFR §§1003.10(b) and 1003.1(d)(1)(ii) unambiguously grant IJs and the BIA the general power to terminate removal proceedings. (Chavez Gonzalez v. Garland, 10/20/21)

 

5th Circ. Wants DOJ Input On Full Court Review Of ICE Policy

Law360: The Fifth Circuit on Wednesday asked the federal government to respond to Texas and Louisiana’s petition for the full appellate court to review a panel’s decision allowing the Biden administration’s policy curbing immigration enforcement operations to remain in place.

 

Feds Can’t Put DACA Challenge On Hold For Rulemaking

Law360: The Fifth Circuit refused to freeze the Biden administration’s appeal of a lower court order stopping the federal government from approving new applications under the Deferred Action for Childhood Arrivals program while it inks a replacement rule.

 

CA9 (2-1) Reverses Fraihat Preliminary Injunction

LexisNexis: Fraihat v. ICE Maj. – “COVID-19 presents inherent challenges in institutional settings, and it has without question imposed greater risks on persons in custody. But plaintiffs had to demonstrate considerably more than that to warrant the extraordinary, system-wide relief that they sought.

 

District Court Orders Government to Begin Processing 9,905 FY2020 Diversity Visas as Soon as Is Feasible

AILA: The U.S. District Court for the District of Columbia ordered the defendants to commence processing the 9,905 DV-2020 visas as soon as is feasible, and to conclude such processing no later than the end of FY2022, or September 30, 2022. (Gomez, et al. v. Biden, et al., 10/13/21)

 

Feds Say DC Court Wrong To Narrow Power To Expel Migrants

Law360: The federal government urged the D.C. Circuit to erase a lower court’s injunction blocking its use of a public health law to expel migrant families, arguing that the lower court interpreted its powers under the authority too narrowly.

 

Judge Scolds CBP In Partial Win For Press Freedom Group

Law360: A D.C. federal judge ordered U.S. Customs and Border Protection on Monday to release previously withheld documents related to the government’s 2017 attempt to unmask a Trump administration critic’s Twitter account, while scolding the agency for its “lackluster efforts” to comply with Freedom of Information Act requirements.

 

Mich. Judge Drops DACA Holders’ Travel Permit Suit

Law360: A Michigan federal judge rejected two brothers’ claims that their due process and religious freedom rights were violated when they were denied travel authorization to Mexico for their grandfather’s funeral, saying that they had no recourse against the officials involved.

 

Documents Related to Lawsuit Seeking to Make Unpublished BIA Decisions Publicly Available

AILA: DOJ provided a status update to the court, which states that the BIA and NYLAG are in discussions regarding the possibility of posting certain unpublished BIA decisions online, both prospectively and retrospectively. (NYLAG v. BIA, 10/15/21)

 

DOD Denies Flouting Immigrant Soldier Citizenship Order

Law360: The Pentagon denied foreign-born soldiers’ contention that it was flouting an injunction to process their citizenship requests, telling a Washington, D.C., court that it was complying and close to doubling the number of requests that are processed annually.

 

IJ Finds Respondent Merits Favorable Exercise of Discretion for Fraud Waiver Under INA §237(a)(1)(H)

AILA: In balancing respondent’s desirability as a permanent resident with social and humane considerations, the IJ found that respondent was entitled to a waiver of removability for fraud or misrepresentation under INA §237(a)(1)(H). Courtesy of Christopher Helt. (Matter of Mohammed, 9/13/21)

 

CBP Notification of Continuation of Travel Restrictions from Mexico and Intent to Lift Restrictions for Vaccinated Individuals

AILA: CBP notification of the continuation of travel restrictions limiting non-essential travel from Mexico into the U.S. at land ports of entry through 1/21/22, while also announcing the intent to lift these restrictions for individuals fully vaccinated against COVID-19. (86 FR 58216, 10/21/21)

 

DHS Notice on Implementation of Employment Authorization for Individuals Covered by DED for Hong Kong

AILA: DHS notice establishing procedures for individuals covered by Deferred Enforced Departure (DED) for Hong Kong to apply for employment authorization through 2/5/23. (86 FR 58296, 10/21/21)

 

RESOURCES

 

 

EVENTS

 

 

ImmProf

Monday, October 25, 2021

Sunday, October 24, 2021

Saturday, October 23, 2021

Friday, October 22, 2021

Thursday, October 21, 2021

Wednesday, October 20, 2021

Tuesday, October 19, 2021

Monday, October 18, 2021

 

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Sadly, more than eight months in, the Biden Administration lacks:

  • A coherent vision for the border;
  • A cogent plan to restore the refugee system and the legal asylum system (the poorly conceived “proposed asylum regs” — mostly opposed by our Round Table and other asylum experts — don’t make it);
  • The tough, courageous, well-informed leadership to make the necessary border enforcement and Immigration Court reforms and to stand up to the entirely predictable, well-organized nativist opposition, led by Stephen “Gauleiter” Miller and his accomplices.

Not a “recipe for success,” in my view! 

Another item worthy of note: The pending settlement between NYLAG and EOIR on making unpublished decisions readily accessible to the public could open new avenues for advocates.

For example, the 1st Circuit recently cited an unpublished BIA decision in reversing the BIA on “equitable tolling.” https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/ca1-equitable-tolling-remand-james-v-garland#

BIA panel decisions favorable to respondents are almost never published as precedents by an organization where judicial independence and due process have long taken a back seat to “job preservation” within the DOJ. Politicos @ DOJ are normally much more interested in supporting enforcement and “false deterrence” goals than with enhancing due process, enforcing immigrants’ rights, and achieving racial justice when it comes to immigrants.

🇺🇸Due Process Forever! 

PWS 

1-26-21

Related posts:

  1. THE GIBSON REPORT— 01-02-22 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Garland’s Aimless Docket Reshuffling (“ADR”) Squeezes Refugees On Both Ends Of His Ludicrous Backlog, As Those Patiently Waiting Given Court Dates Nearly A Decade In The Future, While Recent Arrivals Mindlessly Rocketed To The “Front Of The Line” Struggle To Find Lawyers & Prepare Cases — Plus Other New Year News From The Dystopian World Of U.S. Immigration!
  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. 🗽⚖️🇺🇸LEE GELERNT @ ACLU SAYS BIDEN ADMINISTRATION “cannot farm out the asylum system.” Yet, That Appears To Be Largely What They Are Doing Under New, Previously Unpublicized Program!
  4. ⚖️🌟🗽NDPA SUPERSTARS, PRACTICAL EXPERT PROFESSORS LINDSAY M. HARRIS AND SARAH R. SHERMAN-STOKES SCORE BIDEN ADMINISTRATION’S CONTINUED RELIANCE ON BOGUS 🏴‍☠️ TRUMP-ERA, WHITE NATIONALIST COVID-19 RESTRICTIONS TO RETURN REFUGEES TO DANGER & DEATH @ SOUTHERN BORDER!☠️🤮⚰️

THE GIBSON REPORT – 05-14-18 – COMPILED BY ELIZABETH GIBSON, ESQUIRE, NEW YORK LEGAL ASSISTANCE GROUP

THE GIBSON REPORT 05-14-18

TOP UPDATES

AG Sessions Vows to Separate Kids from Parents, Prosecute All Illegal Border-Crossers

AZ Republic: U.S. Attorney General Jeff Sessions promised to prosecute and separate parents who smuggle their children illegally into the United States as he revealed more details about his “zero-tolerance” approach to border enforcement…In Arizona, he unveiled his plan, in partnership with the U.S. Department of Homeland Security, to prosecute all individuals caught crossing the border illegally, saying his Department of Justice would take as many cases “as humanly possible” until they reached a 100 percent prosecution rate. See also Huff Po: Immigration prosecutions are normally open-and-shut cases. But the president’s tweets are once again undermining him in court.

 

ICE to crack down on sponsorship of unaccompanied children

Politico: The Homeland Security Department will check the immigration status of possible sponsors of unaccompanied children and adult household members, according to a proposed rule published in the Federal Register Monday. See also DHS Notice of Modification of “Alien Criminal Response Information Management” System of Records.

 

U.S. embassy cables warned against expelling 300,000 immigrants. Trump officials did it anyway.

WaPo: In the past six months, the Trump administration has moved to expel 300,000 Central Americans and Haitians living and working legally in the United States, disregarding senior U.S. diplomats who warned that mass deportations could destabilize the region and trigger a new surge of illegal immigration.

 

Three-Part Series on Border Deaths

RadioLab: While scouring the Sonoran Desert for objects left behind by migrants crossing into the United States, anthropologist Jason De León happened upon something he didn’t expect to get left behind: a human arm, stripped of flesh. This macabre discovery sent him reeling, needing to know what exactly happened to the body, and how many migrants die that way in the wilderness. In researching border-crosser deaths in the Arizona desert, he noticed something surprising. Sometime in the late-1990s, the number of migrant deaths shot up dramatically and have stayed high since.

 

Immigration crackdown shifts to employers as audits surge

Trib: There were 594 employers arrested on criminal immigration charges from Oct. 1 to May 4, up from 139 during the previous fiscal year, and 610 civil immigration charges during the same period, compared to 172 in the preceding 12-months.

 

Clients arrested in NY transferred out of NY-area before the filing of an NTA.

IDP: MRNY and others are tracking people arrested by ICE in New York who are transferred away from the NY area before the filing of an NTA. To date, LSPs have reported clients transferred to New Mexico and Maryland. As far as we know the ICE detainee transfer policy from 2012 is still in effect. You may be able to use this to advocate for your client before he or she is transferred. If you know of a client who was transferred before an NTA was filed locally, email Natalia (natalia.renta@maketheroadny.org) and Luba (luba.cortes@maketheroadny.org).

 

Chinese Robocalls Bombarding The U.S. Are Part Of An International Phone Scam

NPR: Non-Mandarin speakers may find the robocalls baffling — or annoying — and just hang up. But some Chinese immigrants who have followed the robocall’s prompts have found themselves sucked into an international phone scam… The robocall messages are usually some variation on that theme: This is the consulate; we have an important document that needs to be picked up; it may affect your status in the U.S.; press a button to speak with a specialist — and that is when a connection is made to a live scammer.

 

USCIS and the Justice Department Formalize Partnership to Protect U.S. Workers from Discrimination and Combat Fraud

USCIS: In 2017, the Civil Rights Division launched the Protecting U.S. Workers Initiative, which is aimed at targeting, investigating, and taking enforcement actions against companies that discriminate against U.S. workers in favor of foreign visa workers.

 

Status Docket

NYLAG: In at least one case, the NY Immigration Court placed a case on the status docket with a 2019 check-in where counsel stated at the MCH that they intended to file for a U visa but had not done so yet (DV-based 589 previously filed, but would prefer to move forward on U). The court was served with a copy of the SuppB request filed with NYPD as proof of intent to file for U. IJ gave a long continuance for proof of U filing instead of setting for an individual for asylum, and then notice of transfer to status docket sent by mail a few weeks later.

 

UAC Jurisdiction

NYLAG: Clt is a UAC, entered ewi at 17 years old. Filed I-589 w/ local Bethpage asylum office on prior to 1 year filing deadline and filed before clt turned 18. Today was client’s second master calendar hearing before IJ Lurye. This was NYLAG’s first time entering appearance. Entered pleadings. Relief: asylum, withholding, and CAT, and SIJS.  Then IJ asked if had already filed I-589 with the court. Attorney stated no because we filed it already with the asylum office.  IJ asked how old client was. She said that DHS is now taking on the position of considering de-designating UACs once they turn 18. DHS said yes, but did not mentioning anything else about de designating clt’s uac status.  The IJ said that she was going to schedule another master so that we may file the I-589 with the court and on that date we will schedule clt’s individual. Another attorney that went prior, entered pleadings and then was instructed to go make a copy of the UAC’s I-589 right then and return to the courtroom to go back on the record and file it with the IJ.

 

ICE NTAing I-601As

San Diego AILA Chapter: I have been advised that several AILA attorneys in the US…have been notified by their clients that they must come into the ICE office in a week to report. It appears that ICE is now taking individuals into custody whose I-601A waivers have been approved and are just awaiting their appointment at consulates!! Apparently, ICE will issue the NTA and put them into proceedings and then they must await a VR decision from the IJ to leave. This seriously undermines that entire legal process and if the individual has an NTA with a hearing in 8 months or so, that means that the consular process is stalled. Or the government forces that person out of the country well in advance of the consular interview, making them live longer in their home country.

 

EOIR Releases Court Statistics and Announces Plan to Release Immigration Court Data on Recurring Basis

EOIR released immigration court statistics through the first two quarters of FY2018 with highlights from the data. EOIR also announced that the release of certain immigration court statistics will occur on a recurring basis as an effort to increase transparency of the immigration court system. AILA Doc. No. 18051042

 

LITIGATION/CASELAW/RULES/MEMOS

 

Documents Relating to Lawsuit Regarding Government Report on Immigration Status of Convicted Terrorists

Plaintiffs filed a lawsuit challenging the government’s failure to respond to their Information Quality Act petition regarding a report on the immigration status of individuals convicted of certain terrorism-related charges and other crimes. (Protect Democracy Project, Inc. v. DOJ, 5/3/18) AILA Doc. No. 18050737

 

Documents Related to Lawsuit Challenging Termination of TPS for El Salvador, Haiti, and Honduras

Plaintiffs filed an amended complaint challenging the termination of the designation of El Salvador, Haiti, and Honduras for Temporary Protected Status (TPS). (Centro Presente v. Trump, 5/9/18) AILA Doc. No. 18051036

 

BIA Finds Tax Conviction Is Not an Aggravated Felony

Unpublished BIA decision holds that failure to collect or pay over a tax under 26 USC §7202 is not an aggravated felony because INA §101(a)(43)(M)(ii) applies only to offenses described in 26 USC §7201. Special thanks to IRAC. (Matter of Corral, 6/2/17) AILA Doc. No. 18051161

 

BIA Holds Indiana Statute Is Not a Drug Trafficking Aggravated Felony

Unpublished BIA decision holds maintaining a common nuisance under Indiana Code 35-48-4-13(b)(1) as it existed in May 2016 is not an aggravated felony under INA §101(a)(43)(B). Special thanks to IRAC. (Matter of Paul, 5/30/17) AILA Doc. No. 18051162

 

BIA Addresses Extraordinary Circumstances Exception for Minors

Unpublished BIA decision holds that “minor” means person under 18 years of age to qualify for extraordinary circumstances exception to asylum filing deadline but that youth of applicants between 18 and 21 can be considered as a factor. Special thanks to IRAC. (Matter of A-D-, 5/22/17) AILA Doc. No. 18050735

 

BIA Dismisses DHS Appeal of Order Reopening Proceedings Sua Sponte Notwithstanding Departure Bar

Unpublished BIA decision holds IJ did not err in reopening and terminating proceedings sua sponte given sentence modification rendering offense no longer an aggravated felony and notwithstanding respondent’s departure from the country. Special thanks to IRAC. (Matter of Keserovic, 5/24/17) AILA Doc. No. 18050932

 

BIA Holds Florida Grand Theft Is Not a CIMT

Unpublished BIA decision holds that grand theft under Fla. Stat. 812.014 is not a CIMT because it applies to temporary takings or appropriations of property. Special thanks to IRAC. (Matter of Ngo, 6/8/17) AILA Doc. No. 18051035

 

BIA Vacates Discretionary Denial of Asylum Application

Unpublished BIA decision finds IJ erred in denying asylum application as a matter of discretion solely because respondent failed to seek asylum during two prior visits to United Kingdom. Special thanks to IRAC. (Matter of G-S-, 6/5/17) AILA Doc. No. 18051037

 

Texas District Court Issues Notable Order in Case of Detained Somali National

The court issued an order stating that the immigration court must conduct a merits hearing no later than 8/10/18 and that the government stipulated to the petitioner’s eligibility to apply for cancellation of removal. Courtesy of Geoffrey Hoffman. (Mohamed v. Nielsen, 5/7/18) AILA Doc. No. 18050831

 

Attorney General’s Remarks to Gatlinburg Law Enforcement Training Conference

Attorney General Jeff Sessions delivered remarks in which, among other topics, he addressed immigration enforcement, including DOJ’s hiring of 35 Assistant U.S. Attorney positions for the southwest border and EOIR’s deployment of 18 supervisory judges to detention centers along the southwest border. AILA Doc. No. 18050836

 

USCIS Issues Policy Memo on Accrual of Unlawful Presence and F, J, M Nonimmigrants

USCIS issued a policy memo with guidance to officers on calculating unlawful presence of those in student, exchange visitor, or vocational student status and their dependents, admitted in duration of status or until a specific date. Guidance is effective on 8/9/18. Comments are due by 6/11/18. AILA Doc. No. 18051139

 

Directive entitled Detention and Removal of Alien Parents or Legal Guardians (Detained Parents Directive)

USCIS: The directive provides guidance regarding the detention and removal of alien parents and legal guardians of a minor child(ren), to include those who have a direct interest in family court or child welfare proceedings in the United States. It is intended to complement the detention standards and policies that govern the intake, detention, and removal of alien parents or legal guardians.

 

 

ACTIONS

 

 

RESOURCES

 

 

EVENTS

 

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

As always, Elizabeth, thanks for all you do for the “New Due Process Army” (“NDPA”).

PWS

05-15-18

Related posts:

  1. HERE IT IS! — The “Gibson Report” For April 17, 2017!
  2. The Gibson Report 03-19-18
  3. The Gibson Report For June 5, 2017! — More “ADR” On Tap For The New York Immigration Court?
  4. THE GIBSON REPORT 04-22-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

The Gibson Report 03-19-18

The Gibson Report 03

Compiled by Elizabeth Gibson, Esq., New York Legal Assistance Group

HEADLINES:

TOP UPDATES

 

Supreme Court agrees to hear immigration law detention case

WaPo: The Supreme Court has agreed to decide whether federal immigration law gives the government the power to indefinitely detain any noncitizen it is considering deporting if the person previously committed certain crimes.

Cert granted. SCOTUSblog overview of the case.

 

Supreme Court bans Arizona from denying ‘Dreamers’ driver’s licenses

The Hill: Reuters reported that justices refused to hear the state’s Republican-driven challenge to President Obama’s Deferred Action for Childhood Arrivals (DACA) program, which protects young people brought into the country illegally as children from deportation. Their decision lets stand a lower court ruling that blocked the state from denying driver’s licenses to DACA recipients. Cert denied.

 

Jeff Sessions Has Power To Shape Asylum Policy. He Could Be Gearing Up To Use It To Deny Relief To Domestic Violence Victims.

HuffPo: Now, Sessions is set to personally decide the fate of a Salvadoran woman the appeals board deemed eligible for asylum more than a year ago. If Session rules against the woman, he could ensure that she is deported instead of being granted asylum — and that future immigrants seeking asylum on similar grounds meet a similar fate. Sessions has already referred three immigration cases to himself this year — an uncommonly high rate that alarmed experts who fear he is gearing up to dramatically shrink the parameters for who can be spared from deportation.

 

AILA Report “Cogs in the Deportation Machine” Shows Massive Escalation of Immigration Enforcement

ImmProf: The American Immigration Lawyers Association (AILA) released a new report detailing how the Trump administration has systematically increased enforcement, using harsh, indiscriminate methods to deport thousands of families, asylum seekers, and people who have lived and worked for years in the United States.

 

See The 20+ Immigration Activists Arrested Under Trump

NPR: Immigration and Customs Enforcement, the agency most frequently criticized for arresting activists, categorically rejects the accusation that it is singling them out. ICE says it does not retaliate against unlawful immigrants for critical comments they make, and any suggestion to the contrary is “irresponsible” and “speculative.”

 

Dem leaders pull back from hard-line immigration demand

The Hill: While House Minority Leader Nancy Pelosi (D-Calif.) and other Democratic leaders had hinged their support for last month’s budget caps deal on a commitment from Republicans to consider legislation salvaging the Deferred Action for Childhood Arrivals (DACA) program, they’ve signaled they won’t hold a similar line heading into next week’s expected vote on an omnibus spending bill.

 

ICE spokesman resigns, citing fabrications by agency chief, Sessions about California immigrant arrests

WaPo: A spokesman for U.S. Immigration and Customs Enforcement has resigned over what he described as “false” and “misleading” statements made by Attorney General Jeff Sessions and ICE acting director Thomas D. Homan. James Schwab worked out of the agency’s San Francisco office until he abruptly quit last week.

 

The US Keeps Mistakenly Deporting Its Own Citizens

VICE: “Recent data suggests that in 2010 well over 4,000 US citizens were detained or deported as aliens, raising the total since 2003 to more than 20,000, a figure that may strike some as so high as to lack credibility,” Stevens wrote in a 2011 report.

 

Long-Residing Liberians Are at Risk of Losing Protection from Deportation by the End of March

AIC: While much of the national immigration conversation has focused on the fate of Dreamers and those with Temporary Protected Status, a little-known protection provided to Liberians is on the brink of expiration.

 

Westchester Becomes First County in the State to Pass Immigrant Protection Act

NYIC: The IPA, which County Executive George Latimer is widely expected to sign into law, prohibits county officials from using resources to do the job of federal immigration authorities; prevents county officials from asking for immigration status or country of birth when it is not necessary to the job the function they are performing; and prevents County Corrections and Probation officers from handing over Westchester residents to Immigration and Customs Enforcement (ICE) unless there is a judicial warrant.

 

Collateral damage: How Trump threw Canada’s refugee system into turmoil

Reuters: More than 20,000 people, including thousands of Haitians and Nigerians and hundreds of Turks, Syrians and Eritreans, have crossed the border into Canada illegally over the past year in search of asylum, many fleeing in fear that Trump would deport them to their home countries. This unexpected northward migration has overwhelmed Canada’s system for processing asylum claims, leading to the worst delays in years.

 

NY OCC Update

Please be advised that the New York Office of the Chief Counsel (OCC-NYC) will be revising the hours of operation for our 26 Federal Plaza reception window effective Monday, April 2, 2018.  Starting on that date, the reception window will be open to the public from Monday-Friday, 8:30am to 12:00pm, excluding holidays.  In-person filings will only be accepted during these hours.  The duty attorney will only be available to the public during these hours.  You may continue to email inquiries to the duty attorney at:  Duty-Attorney.NYC-OCC@ice.dhs.gov.  The OCC-NYC does not accept document filings through the duty attorney mailbox.The OCC-NYC continues to receive documents 24/7 through eService (visit: eserviceregistration.ice.gov) and will also continue to receive filings by regular and express mail at the following address: DHS/ICE, Office of the Chief Counsel, 26 Federal Plaza, Room 1130, New York, NY 10278.

 

LITIGATION/CASELAW/RULES/MEMOS

 

ACLU Files Class Action Lawsuit on Behalf of Immigrant Parents and Children Detained in Separate Facilities

The ACLU amended its previous complaint in Ms. L. v. ICE to seek to represent a nationwide class of plaintiffs who are detained in immigration custody and whose minor children are separated from them and detained in ORR custody. (Ms. L. v. ICE, 3/9/18) AILA Doc. No. 18031238. See also ACLU legal explainer.

 

Post-Jennings Habeas Win in Northern District of California

Withholding client wins habeas case in Northern District of California .  The order confirms that despite the recent Supreme Court decision in Jennings v. Rodriguez, individuals in withholding-only proceedings are still eligible for prolonged detention bond hearings under Diouf v. Napolitano.  The order also has good language on DUIs and rehabilitation that could be useful in bond cases.

 

Ninth Circuit to Hear DACA Arguments in May 2018

ImmProf: The U.S. Court of Appeals for the Ninth Circuit has ordered an expedited briefing schedule in the consolidated appeals to a group of case, including the district court injunction of the rescission of the Deferred Action for Childhood Arrivals (DACA) policy.

 

BIA Finds Adjudicators May Look to Multiple Provisions of the CSA to Determine if an Offense Is an Aggravated Felony Under INA §101(a)(43)(B)

The BIA held that in deciding whether a state offense is an aggravated felony under INA §101(a)(43)(B), adjudicators need not look solely to the provision of the Controlled Substances Act (CSA) most similar to the state statute of conviction. Matter of Rosa, 27 I&N Dec. 228 (BIA 2018) AILA Doc. No. 18031437

[Of note in CA2: FN 5 notes that in NY it is permissible and common to take impossible “attempted recklessness” pleas, which apparently you can’t in CA. And voluntary (first degree) manslaughter under NY law is already considered a COV under Vargas-Sarmiento, 448 F.3d 159 (2d Cir. 2006).]

 

BIA Finds California Attempted Voluntary Manslaughter to Be an Aggravated Felony Under INA §101(a)(43)(F)

The BIA held that attempted voluntary manslaughter in violation of §§192(a) and 664 of the California Penal Code is categorically an aggravated felony crime of violence under INA §101(a)(43)(F). Matter of Cervantes Nunez, 27 I&N Dec. 238 (BIA 2018) AILA Doc. No. 18031538

 

CA1 Upholds Denial of Asylum Where Evidence Showed Persecution Was Based on an Economic Motive

The court denied the petition for review, finding that substantial evidence showed that the petitioner failed to establish eligibility for asylum by failing to show a nexus between his alleged persecution and a statutorily protected ground. (Lopez-Lopez v. Sessions, 3/16/18) AILA Doc. No. 18031637

 

CA2 Holds That BIA Erred by Retroactively Applying Matter of Diaz-Lizarraga

The court held that the BIA erred by retroactively applying the standard announced in Matter of Diaz-Lizarraga for larceny crimes involving moral turpitude to the petitioner’s case and remanded the case to the BIA. (Obeya v. Sessions, 3/8/18) AILA Doc. No. 18031900

 

CA5 Upholds Texas SB 4

The court issued an opinion upholding Texas SB 4 in its entirety, except for the application to elected officials of the prohibition on endorsing policies limiting the enforcement of immigration laws. (City of El Cenizo, Texas, et al. v. State of Texas, 3/13/18) AILA Doc. No. 18031434

 

DHS OIG Finds USCIS Has Unclear Website Information and Unrealistic Time Goals for Adjudicating Green Card Applications

DHS OIG reports that information on USCIS’s website about processing times for green card applications doesn’t reflect the actual time it takes field offices, on average, to adjudicate them and the stated 120-day goal for green card adjudication is unrealistic. USCIS concurred with the findings. AILA Doc. No. 18031436

 

Lawsuit Challenges the Administration’s Implementation of the Waiver Process Under the Latest Travel Ban

A class action lawsuit was filed in federal district court on March 13, 2018, challenging the administration’s implementation of the waiver process under Presidential Proclamation 9645, the third iteration of the travel ban. (Emami v. Nielsen et al., 3/13/18) AILA Doc. No. 18031551

 

Article: What DOJ’s California Lawsuit Means for Immigrant Sanctuaries Across the Country

Governing the States and Localities reports on DOJ’s lawsuit challenging three California laws related to immigration enforcement, with AILA Senior Legislative Associate Alyson Sincavage discussing how the outcome could impact other jurisdictions with similar laws. AILA Doc. No. 18031540

 

DHS Statement on President Trump’s Visit to Border Wall Prototypes

After President Trump’s operational briefing at the border wall prototypes in San Diego, DHS issued a statement calling for legislation to deter migration.AILA Doc. No. 18031435

 

Practice Alert: USCIS Transfers I-601A Processing from the NBC to the NSC

 

ACTIONS

 

 

RESOURCES

 

 

EVENTS

 

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

Many thanks, Elizabeth.

PWS

03-20-18

Related posts:

  1. ⭐️⭐️⭐️⭐️⭐️⚖️🗽🇺🇸FORMER DEPUTY AG DON AYER, JUDGE MIMI TSANKOV AMONG “HEADLINERS” AT TIMELY UPCOMING NY CITY BAR ASSN. EVENT: “Rule of Law Forum – Preserving the Rule of Law in an Age of Disruption” — Register Now, Right Here!
  2. THE GIBSON REPORT — 02-14-21💝 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Mandatory E-Filing @ EOIR Starts & Lots Of Other “Interesting Stuff!”  — CMS Study Shows How Garland Is Ignoring the “Low Hanging Fruit” On His Out of Control EOIR Backlog! ☹️
  3. THE GIBSON REPORT — 10-30-17
  4. THE GIBSON REPORT FOR 12-18-17 – RECOGNIZING: The Absolutely Amazing ELIZABETH GIBSON Of The NY Legal Assistance Group and ALL She Does For Fairness, Justice, & Due Process! — MAKING A DIFFERENCE IN THE LIVES OF OUR MOST VULNERABLE!

PRO BONO LAWYERS SAY CHANGES IN EOIR POLICIES IN NEW YORK SHAFT CHILDREN NEEDING REPRESENTATION IN COURT!

NYC’s Immigration Court Erodes Accommodations for Children Without Attorneys

David Brand reports for CityLife.org;

. . . .

Thousands of other undocumented immigrant children never get a lawyer and continue to experience that fear and uncertainty during deportation proceedings. Others choose to avoid court, exposing themselves to in-absentia removal orders.

Over the past few months, finding legal representation has become even more challenging for immigrant children in New York City because Manhattan’s federal immigration court has eroded several of the practices and provisions designed to help children connect with nonprofit and pro bono attorneys inside the courthouse, say four lawyers who direct programs that connect with unrepresented children at 26 Federal Plaza.

Legal Aid Society’s Immigrant Youth Project supervising attorney Beth Krause says the changes have led to fewer children getting legal representation and will likely doom more children to deportation — even if their situations or experiences merit asylum, protected status or visa eligibility.

“What this means is there are many, many children who are not getting consultation with a lawyer and many kids who do have relief available but, if they don’t talk to a lawyer, might not know it and give up,” Krause says.

Though children have no legal right to government-funded counsel in immigration court — a reality reaffirmed by the U.S. Ninth Circuit Court of Appeals in late-January — New York City’s court used to provide some accommodations to help children find attorneys. The court consolidated the juvenile docket on specific days and assigned the cases to specific judges with experience presiding over children’s proceedings.

The court also shared docket information with nonprofits like New York Law School’s Safe Passage Project, Catholic Charities, Legal Aid, The Door and other Immigrant Child Advocates Relief Effort (ICARE) participants and permitted the organizations to meet with children in empty courtrooms or other spaces.

These provisions enabled children to access free legal counsel because the organizations knew how many unrepresented children would appear at court and when their case would be called. The accommodations also facilitated more efficient courtrooms — especially on days when a judge’s docket includes dozens of cases — because lawyers could prepare their young clients for court and guide them through proceedings.

Gradually, however, the court has scattered children’s proceedings throughout the month and assigned the cases to various judges who are at times unfamiliar with child-friendly practices or special legal provisions granted to children, such as longer filing deadlines, say Krause, Safe Passage Project Director Lenni Benson, Catholic Charities Supervising Attorney Jodi Ziesemer and The Door’s Director of Legal Services Eve Stotland.

The court has even prevented the nonprofit organizations from screening children inside empty courtrooms or other spaces throughout the building, the four attorneys say.

. . . .

 

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

Read the complete article at the link.

This is the “New EOIR,” where “customer service” has become a dirty word!  Anti-Due Process, Anti-Child, Anti-Lawyer, Anti-Asylum, ungrateful to those who are trying against all odds to provide fair hearings to those caught up in our totally screwed up and grotesquely mal-administered Immigration Courts.

EOIR has basically come “full circle.” Unfortunately, it now replicates some of the worst features of the “Legacy INS’s” administration of the courts that led to the creation of EOIR in the first place.

One long-time pro bono stalwart told me she actually had tears of rage in her eyes over the disrespectful treatment she and her colleagues received while trying to provide pro bono assistance at one local Immigration Court. “I’ve been doing this for years. It’s in addition to my other two full-time jobs. It costs me money to provide pro bono. Now this — no cooperation, no appreciation. I’m trying to help EOIR avoid gross injustices. And, they just put BS bureaucratic roadblocks in the way. I’m so angry!”

We need an independent, Due-Process-focused Article I U.S. Immigration Court!

PWS

01-21-18

 

 

 

Related posts:

  1. NEW EOIR MEMO ENCOURAGES IMMIGRATION JUDGES TO DUMP ON UNACCOMPANIED CHILDREN (“UACS”) – “When In Doubt, Kick ‘em Out” New Motto Of Gonzo’s “Captive Courts!” — We’ve Come A Long Way From “Guaranteeing Fairness And Due Process For All” In A Short Time!
  2. GONZO’S WORLD: THE HILL: Professor Lindsay Muir Harris — Using REAL Data & Facts — Rips Apart Sessions’s “Ignorant” (& TOTALLY INAPPROPRIATE) Anti-Asylum Speech To EOIR!
  3. MORE ARTICLES FEATURE “GANG OF RETIRED JUDGES’ STATEMENT” RE: SESSIONS’S OUTRAGEOUS ATTACK ON SETTLED PRINCIPLES OF PROTECTION LAW! — Media Exposing Corrupt, Inherently Unfair, Biased “Court” System Where The Prejudiced Prosecutor “Cooks” The Results to His Liking! — Jeff Sessions Degrades The American Legal System & Our National Values Each Day He Remains In Office!
  4. REPORT FROM FBA, AUSTIN: Read My Speech “JUSTICE BETRAYED: THE INTENTIONAL MISTREATMENT OF CENTRAL AMERICAN ASYLUM APPLICANTS BY THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW”

The Gibson Report For June 5, 2017! — More “ADR” On Tap For The New York Immigration Court?

Get it here:

Gibson Report 06-05-17

One thing that caught my eye in Elizabeth’s report is the first item:

“Update from Regina Rau, Acting Court Administrator-NYC:

Effective 7/3/17 Judge Tsankov will be assigned to the Varick Street Court.  Until further notice, any case on her NYC docket from 7/3/17 on will not be going forward.

Judge Chew will be retiring at the end of June. However his future cases will be heard by another Immigration Judge so all of your hearing dates will remain the same.”

In the case of Judge Tsankov’s docket, sure sounds like more “Aimless Docket Reshuffling” (“ADR”) to me.  And, based on my experience and what I’ve been hearing from folks in and dealing with the Immigration Courts, I wouldn’t “bet the farm” on all of Judge Chew’s cases being heard on schedule either.

PWS

06-05-17

 

 

Related posts:

  1. THE GIBSON REPORT FOR 12-18-17 – RECOGNIZING: The Absolutely Amazing ELIZABETH GIBSON Of The NY Legal Assistance Group and ALL She Does For Fairness, Justice, & Due Process! — MAKING A DIFFERENCE IN THE LIVES OF OUR MOST VULNERABLE!
  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. ⚖️THE GIBSON REPORT — 02-07-22 — Compiled By Elizabeth Gibson Esquire, NY Legal Assistance Group — BONUS: “Ethics On Vacation @ DHS & DOJ”
  4. THE GIBSON REPORT — 02-14-21💝 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Mandatory E-Filing @ EOIR Starts & Lots Of Other “Interesting Stuff!”  — CMS Study Shows How Garland Is Ignoring the “Low Hanging Fruit” On His Out of Control EOIR Backlog! ☹️

HERE IT IS! — The “Gibson Report” For April 17, 2017!

Gibson Report — April 17, 2017

Thanks again to Elizabeth Gibson, former Arlington Immigration Court Intern and “Georgetown Law RLP’er” now Immigrant Justice Corps Fellow/Staff Attorney, Immigrant Protection Unit, New York Legal Assistance Group!

PWS

04-17-17

 

Related posts:

  1. THE GIBSON REPORT FOR 12-18-17 – RECOGNIZING: The Absolutely Amazing ELIZABETH GIBSON Of The NY Legal Assistance Group and ALL She Does For Fairness, Justice, & Due Process! — MAKING A DIFFERENCE IN THE LIVES OF OUR MOST VULNERABLE!
  2. THE GIBSON REPORT — 11-27-17
  3. THE GIBSON REPORT — 09-15-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  4. THE GIBSON REPORT — 02-14-21💝 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Mandatory E-Filing @ EOIR Starts & Lots Of Other “Interesting Stuff!”  — CMS Study Shows How Garland Is Ignoring the “Low Hanging Fruit” On His Out of Control EOIR Backlog! ☹️

“THE GIBSON REPORT” — From “Rolling Stone” To The “Ft. Worth Star Telegram” — Immigration Links For All!

GibsonRpt041017

For those who don’t know her, the amazing Elizabeth Gibson is one of my all-star Georgetown Law Refugee Law & Policy students, a distinguished alum of the Arlington Immigration Court intern program, and a former Judicial Law Clerk at the New York Immigration Court. She now works as an Immigrant Justice Corps Fellow/Staff Attorney with the Immigrant Protection Unit at the New York Legal Assistance Group.

Elizabeth was good enough to make her weekly news link update for April 10, 2017 available to us. In reformatting it for the blog, I might have lost the “connectivity” for several links. However, I’m sure you will find it an amazing resource. Great job Elizabeth! Thanks for all you do!

PWS

04-10-17

Related posts:

  1. THE GIBSON REPORT — 04-09-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Project — Why Acting DHS Secretary Kevin McAleenan Should End Up In Jail If He Follows Trump’s Unlawful & Unconstitutional Plans!
  2. BIA’S “GONZO HIRING PLAN” & OTHER TALES FROM THE TRUMP REGIME TWILIGHT ZONE – The Gibson Report – 01-20-21 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  3. BIA SEEKS TO REPEAL CAT BY MISINTERPRETATION; MUSALO’S FACT FINDING MISSION TO EL SALVADOR SHOWS MALICIOUS ABSURDITY OF REGIME’S BOGUS “SAFE THIRD COUNTRY” ASSAULT ON HUMAN RIGHTS; 9th & 11th CIRCUITS CONTINUE TO TANK ON THE RULE OF LAW; & OTHER LEGAL NEWS ABOUT THE WHITE NATIONALIST REGIME & THE RESISTANCE — The Gibson Report — 12-10-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  4. A VERY TRUMPY CHRISTMAS:  PERVERTING ASYLUM REGS; USING VULNERABLE KIDS AS BAIT; ORBITING REFUGEES TO DEADLY ASYLUM-FREE ZONES; SCREWING WITH LEGAL IMMIGRANTS; DEATH CAMPS; STAR CHAMBERS; MORE PROSECUTORS AS JUDGES; & OTHER “GIFTS” FROM THE REGIME & ITS ARTICLE III JUDICIAL ENABLERS — Get The “Holiday Horror Update” On All Of America’s Human Rights Abuses & Gratuitous Cruelty From The Gibson Report 12-23-19