"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.
Paulina Vera and Alberto Benítez joined Alexander Love, a former client of the Immigration Clinic at GW Law, for his naturalization ceremony—“the happy part of immigration cases,” in Vera’s words. (Contributed photo)
Comedies often end with a wedding, and there’s a marriage in this story, but it’s not a comedy. This is an immigration story, and it ends in a naturalization ceremony, with some painful, dramatic scenes along the way. It begins in the Soviet Union with a gay boy called Sasha, and ends in the United States with a gay man named Alexander. They’re the same person, with a lot of credit for that transformation due to students and faculty of the Immigration Clinic at GW Law.
Alexander Love, as he is now known, was born in Ukraine when it was still part of the Soviet Union. His family moved to suburban Moscow, where he grew up and was expected to become highly educated. As a young teen, he realized he is gay, but he came out only to a few trusted friends and, aged 18, began serving in the Soviet Army. After being discharged in 1991, just as the Soviet Union was breaking apart, he went back to school.
“I was artistic and the majority of my subjects were things like physics, chemistry and mathematics,” Love said. “The only classes I passed were English classes.” Following his passion for working with textiles, he quit school and began sewing clothes for himself and for friends who ordered garments from him. He also taught English.
In these years just after the fall of the Berlin Wall, the Soviet Union dissolved and Mikhail Gorbachev, then the Russian president, instituted major reforms. Gay bars and clubs opened (and have since closed) and Western values were embraced. Love befriended Americans living in Moscow and realized how different his life was from theirs. Though Russian society was more relaxed in this period, it could still be very difficult and even dangerous for LGTBQ individuals. In 1998, Love visited the United States for the first time, returning in 1999 and again in 2000, when he first came to Washington, D.C.
“I had been to Spain a few times, so I knew how different it was for gay people outside of Russia,” he said. Gay life at home, even in the more open climate at that time, was risky. “Verbal and physical harassment was always there. You could be stopped on the street or followed by a police car, mostly for the bribes. Sometimes they put some kind of powder in your car.” In taxis, on public transportation, even in gay clubs, he said, people were harassed just because they looked different.
Today, Love prefers not to dwell on the worst abuses he suffered. In 2001, he came to GW Law’s Immigration Clinic for help with his asylum application. Applicants fleeing persecution of LGBTQ people in their home countries need to prove past persecution or that they have a well-founded fear of persecution. Though ill treatment of LGBTQ individuals in Russia is well documented, Love’s application was denied.
Faculty and students in the Immigration Clinic didn’t give up. They assisted him in getting a work permit that allowed him to stay in the United States while they worked on his case. Because he was a clothing designer who had worked with singer Mariah Carey and other persons of note, he was approved for a work permit based on his special skills. But fate quickly intervened.
“Unfortunately,” Love said, “I was diagnosed with HIV, and at that time, you could not apply for a work visa if you had HIV.” (A year later, the law was changed.)
Years passed, and GW Law students came and went with the natural rhythm of matriculation and graduation, but professor Alberto M. Benítez, director of the Immigration Clinic, was a steady presence. So was the man Love said brought stability to his life, his boyfriend (now husband) Michael Love. When same-sex marriage was legalized in 2013, they had been together for eight years. Benítez told Alexander (whose last name then was Sozonov) that if he and Love were married, the clinic could work on obtaining a marriage-based adjustment to his request for permission to remain in America. The partners eagerly wed, but to get their marriage recognized as legitimate in the eyes of the immigration system, both men had to make many court appearances.
A high-stakes version of ‘The Newlywed Game’
Marriage to an American citizen did not automatically mean Love could be granted status as a permanent resident and issued a green card. Sydney Josephson, J.D. ’14, was one of the students who worked on his case. One of her significant contributions to Love’s case was filing a motion to get an approved marriage-based immigrant petition establishing that his union was made in good faith.
Sydney Josephson, J.D. ’14, is flanked by Alexander Love and Michael Love in April 2014 on the day of their interview in support of their marriage-based immigrant petition, which was approved soon after. (Contributed photo)
The process of gaining such recognition can be tricky, according to Josephson, who now practices immigration law with the Fragomen firm in Atlanta. “Sometimes they’ll put people in separate rooms,” she said, “and ask questions like, ‘What color is your fridge?’ One person will say white and the other person will say black. And immigration officials say, ‘This isn’t a good faith marriage. You don’t live together.’”
But Love’s application went smoothly. He and his husband did not go through interviews in separate rooms. They had been together for so long by then that there was little doubt about the nature of their marriage.
Some applicants see less happy results, Josephson said. “A colleague told me about a woman who was asked, ‘What does your husband wear to sleep in?’ She said, ‘Pajamas,’ and the man said, ‘I sleep in gym shorts and a T-shirt.’ And that was one of the reasons they were denied because the officer didn’t think they actually lived together. But I think someone who grew up in another country may think of sweatpants and T-shirt as pajamas.”
Working in immigration law can be extremely rewarding, according to Josephson, because it feels good to help people like Love.
“He’s an amazing person,” she said. “He has a beautiful relationship with Michael, and they’re wonderful people.”
Love was granted status as a permanent resident of the United States in 2016. He enjoys working as a textile librarian for the Washington Design Center.
“It’s a library, but instead of books you have tons of fabrics, trims, leathers and wallpapers,” Love said. “You have to know where everything is at and how to handle them. I’m very happy in this position.”
Clients from around the world
Alumna Paulina Vera, B.A. ’12, J.D. ’15, is a professorial lecturer in law and a supervising attorney of the Immigration Clinic. Since returning to GW seven years ago, she has supervised the students working on Love’s case and others.
“I actually was a student in the Immigration Clinic in my third year at GW Law,” Vera said. “I went to law school because I wanted to be an immigration attorney. I’m the daughter of two immigrants. My mom is from England; my dad, rest in peace, was from Peru. I grew up in Tucson, an hour away from the U.S.-Mexico border. So, immigration has always been a pretty big part of my personal life.”
The Immigration Clinic at GW Law started in 1979 and has helped countless people seek asylum or resist deportation. Clinic members have assisted victims of trafficking as well as DREAMers and youth covered by the Deferred Action on Childhood Arrivals (DACA) program. They have worked with clients from El Salvador, Ghana, Mozambique, Nigeria, Indonesia, China and elsewhere. Recently, they helped a returning client—a woman they successfully represented in her application for asylum in 2018—bring her four children to the United States from Honduras.
Benítez and Vera currently have a cert petition before the U.S. Supreme Court, asking it to review the decision of the 4th U.S. Circuit Court of Appeals in the case of Moisés Cruz Cruz, an undocumented Mexican man living in Virginia. During a routine traffic stop, a police officer asked Cruz his name. In a nervous moment, Cruz combined his own name with his brother’s name. Though he immediately corrected his mistake and wrote his correct name and date of birth on a piece of paper, the officer charged him with false identification, a misdemeanor. On the advice of a lawyer, Cruz entered a guilty plea, and as a result he is now facing deportation. Three of his children are U.S. citizens.
“To me,” Vera said, “this case is very indicative of the overarching immigration consequences that fairly minor criminal convictions can have. Are we going to separate a man from his family of five who has a partner who’s not from Mexico, so could not go back to Mexico with him, over something that stemmed from a traffic stop?”
Benítez said the Immigration Clinic staff unsuccessfully tried, through a different lawyer, to get Cruz’s guilty plea withdrawn. The case hinges on the question of whether Cruz committed a “crime involving moral turpitude,” which justifies deportation in immigration cases. Such crimes are typically defined as depraved acts involving child pornography, rape and other violent crimes such as murder.
“He did plead guilty, and he is in violation of the Virginia state code,” Benítez said. “We’re not disputing that. But is it an immigration violation? We hope that the Supreme Court agrees with us that it is not. State criminal law and federal immigration law are two different things. If the Supreme Court agrees with us, Moisés would be eligible to apply for—not necessarily get—a remedy that we call an immigration law cancellation of removal. That is for long-term residents of the United States who have no status, who establish ties to the United States and establish that they are good citizens.”
‘These folks are not criminals’
Growing up in Buffalo, New York, as the child of Mexican parents, Benítez never discussed immigration with them. His interest in immigration law was piqued when he was in college and learned that applications for asylum were processed with political rather than humanitarian concerns uppermost at play. He went to law school during the Reagan years and has taught at GW since 1996. After practicing immigration law for decades, Benítez said he knows at least one thing for sure.
“There is no border crisis,” he said. “These folks are not criminals. They do not bring disease. They are people trying to save themselves and save their kids. And the way that certain elements in our society demonize them is just plain wrong.”
There is never a shortage of clients at the Immigration Clinic, he said. On the contrary, they sometimes have to make wrenching decisions about which cases to take and which to decline. On average, he estimates that the clinic helps about 50 people per year, including the family members of clients. The clinic’s efforts on behalf of clients, Love among them, can stretch over several years.
“As long as the clients are prepared to continue fighting,” Benítez said, “we are prepared to continue fighting. The student attorneys that I’ve supervised, including Paulina, are the best. Whatever they lack in experience, they make up for in zeal, intelligence, professionalism and empathy.”
Love’s gratitude for the students who helped him remains undimmed.
“The students were the stars of my case,” he said. “I should frame their pictures. I’m thankful to all of them.”
The closing scene in Love’s immigration story takes place at his naturalization ceremony in 2020. Benítez and Vera were present to congratulate him on becoming a U.S. citizen.
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I was privileged to have the GW Law Clinic appear before me in the “Legacy” Arlington Immigration Court during my 13 year tenure there. Professor Alberto Benítez is a long-time friend, neighbor, and fellow dog walker! I’m also proud that Professor Paulina Vera is an alum of the Arlington Internship Program and a “charter member” of the New Due Process Army. Additionally, Attorney Sydney Josephson, JD-‘14, instrumental in this case, now practices with Fragomen, a firm where I was a partner from 1992 until my appointment as BIA Chair in 1995.
Congrats to the GW Clinic on 45 years of spectacular success, leadership in the legal profession, and many lives saved!
Reena Diamante reports for the Spectrum News El Paso:
. . . .
“A president doesn’t have the unilateral authority to shut down the border. If a president did, the prior president would have done it,” said Alberto Benitez, director of the Immigration Clinic at George Washington University Law School. “Even the prior president, who had a particular perspective on immigration, never shut down the border. There needs to be buy-in from Congress that a border shutdown is necessary, which there never has been.”
. . . .
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You can read the full article at the link.
Professor Benitez modestly quipped that this was: “My five seconds of fame on Spectrum News!”
You are always in the “NDPA Hall of Fame,” my friend!
GW Law Immigration Clinic Director Professor Alberto Benítez & Co-Director Professor Paulina Vera
Friends,
My colleague Paulina Vera and I report our 2023 recap and we wish everyone a safe, prosperous, and happy 2024:
Hearings in Immigration Court: 5
Lives saved with grants of asylum: 9
Green cards obtained: 5
New U.S. citizens: 1
Oral arguments before the 4th Circuit: 1
Petitions for writ of certiorari filed at the US Supreme Court: 1
Countries represented: 13
In the spring our student-attorneys and interns wrote a comment to a federal regulation relating to asylum and hosted a public forum at the law school in which they described their comment and in the fall they organized a period products collection and distribution.
GW Law Immigration Clinic Director Professor Alberto Benítez & Co-Director Professor Paulina Vera
Submitted by Professor Alberto Benitez at GW Law Immigration Clinic:
The entry submission period for the FY2025 Diversity Visa lottery is from 12:00 pm (ET) on October 4, 2023, to 12:00 pm (ET) on November 7, 2023. Please see the attached.
GW Law Immigration Clinic Director Professor Alberto Benítez & Co-Director Professor Paulina Vera
Professor Alberto Benítez reports:
This past Wednesday, August 2, Immigration Judge (IJ) Dinesh Verma of the Hyattsville Immigration Court granted asylum to Immigration Clinic clients R-R- and her 17-year-old son, D-R-. R-R- and D-R- have been Clinic clients since 2019 and their asylum applications were filed that year with the assistance of the Clinic. Their merits hearing was originally scheduled for 2020, but was postponed until this past Wednesday due to the pandemic. They were represented at their hearing by Immigration Clinic summer intern Brennan Eppinger, a rising 2L.
R-R- and D-R- fled Honduras after R-R- stood up to a gang member who was trying to recruit her son, D-R-, to transport drugs. D-R- was 11 years old at the time. The gang member later broke into their home, put a gun to R-R- ‘s head, asked R-R- if she had ever played Russian roulette, and the quote in the subject line is what happened next. R-R- and D-R- sought safety in the United States shortly after.
Please join me and Professor Vera in congratulating Navil Infante, Alex North, Rachel Kidd and Jasmine Elsmasry, who all worked on the case. IJ Verma is a GW Law alum and was a student in my Immigration Law I class in 1997. Brennan noted this fact on the record but the IJ (who did remember me) and the ICE trial attorney waived any conflict issue.
Interestingly, I used the “Russian Roulette analogy” yesterday in referring to AG Merrick Garland’s dismissive attitude toward the outrageous inconsistencies and abuses in his EOIR asylum adjudications.
This is a wonderful, inspiring result, produced by great student lawyering, a thoughtful IJ, and an ICE ACC with a sense of justice and practicality. It should be the rule, not the exception, in EOIR asylum adjudication! But, sadly, it isn’t!
Has Alfred E. Neumann been “reborn” as Judge Merrick Garland? “Not my friends or relatives whose lives as being destroyed by my ‘Kangaroo Courts.’ Just ‘the others’ and their immigration lawyers, so who cares, why worry about professionalism, ethics, and due process in Immigration Court?” PHOTO: Wikipedia Commons
I virtually guarantee that if this case had been adjudicated at the border, in detention, and/or on one of Garland’s “expedited/dedicated” dockets, the result would have been unfavorable. And, depending on the circumstances, it’s not even clear that an applicant with this type of very grantable claim would have access to the asylum adjudication system under Biden’s “enjoined but stayed transit rules!” See, e.g.,https://twitter.com/Haleaziz (A “temporary win” for the Biden Administration, engineered by two 9th Cir. Dem judicial appointees, is a big loss for humanity and the rule of law, defended only by dissenting Trump appointee, Judge VanDyke, a result that should leave advocates scratching their heads about their place in today’s mushy Dem Party.)
Cases like this illustrate how the EOIR system could be run in a fair, efficient, professional, and properly humane manner! But, they don’t answer the question of why isn’t set up to run that way in every case under Garland!
Also, and quite perversely, the failure of the Biden system to produce fair and equitable results at the border puts a premium on individuals who can avoid border processing and get to the interior (the exact opposite of the result Biden claims to be trying to achieve)!
This is a totally screwed up system being “administered” by a Dem Administration that sorely lacks both courage and a clear vision of how to insure that asylum seekers and other immigrants, particularly those of color, receive due process and justice in America!
GW Law Immigration Clinic Director Professor Alberto Benítez & Co-Director Professor Paulina Vera — They have dedicated their professional careers to teaching skills and values that change lives and advance a vision of a better future America!
Professor Alberto Benítez reports to Courtside:
Victory is the only option!
A shout-out to our student-attorneys Julia Yang, Spoorthi Datla, Cornelia Waugh, and Kelly Zhang. Yesterday our client S-L, from China, Kelly, and Paulina Vera attended an interview at USCIS. The client is a survivor of domestic violence and we had filed several applications on her behalf, including one for naturalization. Today all the applications were granted. S-L’s oath ceremony will be scheduled.
Given the endemic delays at every level of the dysfunctional USG immigration bureaucracy, seeing a case through from the initial application to eventual naturalization is no mean feat!😎 THIS, NOT the total disgraceful BS emanating from Trump, DeSantis, Abbott, and the rest of the GOP xenophobes, is what the REAL “American Dream” is all about and what REALLY “Makes America Great” — NOT totally disingenuous slogans and “throwaway lines” from those afraid to embrace and celebrate the REAL America!🇺🇸
The future of American immigration advocacy looks promising, notwithstanding the incredibly dark visions being falsely promoted by GOP restrictionists and the disturbingly feeble response from the Biden Administration and Dems in Congress. The talent in the “New Generation” of the NDPA continues to grow thanks to the inspiration and tutelage of Professors Benitez and Vera and many others like them who have dedicated their lives to making things better for everyone!
As a result, there is a rapidly expanding talent gap between the NDPA and the sluggish, unresponsive, “go along to get along” USG immigration bureaucracy — right up to the White House where so-called “policy makers” fear standing up for the rule of law and American values! Getting the talent from the “outside” to the “inside” where they can solve problems and advance progressive, practical American values is the challenge that will determine the future of our democracy!
I love this country dearly, but not without deep sorrow for the mistakes of my own homeland. And so, I criticize it because I want this place to mean freedom for everyone.
On July 4th, I will celebrate with my mixed-immigrant, first-generation family, neighbors, and community. I tell my little one she is an Incan-Viking Warrior (because she is). And that there are places where not everyone is free, including in our own country. But we are working to change that. I try to teach her about refugees and why people flee their homes to come to the United States.
We also talk about family separation. Not long after zero-tolerance began, another child told mine that she “belongs in a cage” after all of us, young and old alike, saw those images. These are the misgivings of small children but also the symptoms of a deeply flawed system and culture. The way the Zero Tolerance Policy desecrated freedom continues to haunt us today.
As the director of CAIR Coalition’s Detained Adult Program, I believe we can help right the path our country is currently on—one that continues to separate families with unrestrained racism and violence. The family separation crisis is ongoing, senseless, and continues to destroy our communities.
The United States has the largest immigration system in the world and is currently detaining approximately 29,000 immigrants, more than 63 percent of whom have no criminal record. In addition, the Biden Administration has deported over four million people, the majority for simple civil immigration violations, including not having the correct paperwork. This should be the least complicated public policy-making decision.
Immigrants’ rights groups need a new platform to stop these inhumane policies. It should be simple:
Stop separating families.
On an annual average, over 1,500 children in the DMV are impacted by a parent’s detention. Over a thousand children put their best forward as they try to move on with their lives without their parents—over a thousand children!
Why policies that harm our own children and communities are allowed to continue is heartbreaking. Our policies must keep families together.
Provide Immigrants in deportation proceedings with government-appointed counsel.
Immigrants in deportation proceedings, including parents, are forced to defend themselves against a government-trained attorney without a right to court-appointed counsel in a language often not their own. This means children become indefinitely separated from their parents simply because the right to a public-defense counsel is not available in immigration court. One solution would be to support the Fairness to Freedom Act and local programs for the right to counsel.
Being a parent is scary enough because there is very little you have control over in this world, but I know I am free to access the institutions in this country to care for, educate, and protect my child, but not everyone does.
As I celebrate this holiday, I will light fireworks and sparklers and do so as a symbolic spark to action for change and family unity. I hope you will join me.
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GW Law Immigration Clinic Director Professor Alberto Benítez & Co-Director Professor Paulina Vera
From Professors Alberto Benitez and Paulina Vera, Co-Directors, GW Law Immigration Clinic:
“Thank you isn’t enough to express how grateful we are.”
On May 22, 2023, V-M- was granted her green card. Her applications were filed on April 18, 2022 and her interview at USCIS was waived. V-M- is the wife of our long-time client, E-K-. The Clinic started representing E-K- in 2009 and helped him obtain asylum, his green card, and then his U.S. citizenship. Once he became a U.S. citizen, he was able to petition for his wife, V-M-, with whom he has two kids, ages 2 and 4. Like E-K-, V-M- is from Cameroon.
Please join me in congratulating Mir Sadra Nabavi and Trisha Kondabala, who both worked on the case.
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Jay Kuo American Author, Producer, CEO of The Social Edge PHOTO: Facebook
When I was little, my Ba would bring out fireworks for the Fourth of July. He acquired them in places like Maryland, where our family would go summer camping on the state beaches, and brought them across state lines to our little suburban enclave in upstate New York. As soon as it was dark enough out, many of our neighbors would gather, the area kids eager to see what Mr. Kuo had in store that year. Sparklers for sure. Sometimes big noisemakers. And always more than a few showstopper rockets with brilliant flourishes of color. He would hand them out to us to dole out to the other children without a thought to liability.
The 1970s were a crazy time.
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It didn’t occur to me until much later that there was some irony here. We were the only Chinese American household in the area. With four kids and a house on the corner of two main streets, our family was the center of activity for Tioga Terrace. And on July 4, Ba would bring the magic, developed centuries ago by people who looked like us, gunpowder mixed carefully with binding and coloring agents, bringing wonder and delight.
I understood we were celebrating the independence of America from the British Crown, and I most clearly remember the bicentennial celebration that took place in 1976. Our schools had focused heavily on American history that year, yet most of my understanding of what had transpired 200 years before still came from watching our Founding Fathers sing about it in the movie 1776.
Musical theatre has always been in my DNA.
In that merry portrayal, the heroes of the revolution were towering figures: debonair, erudite, romantic, able to find gallows humor at the darkest of hours. I remember best the musical number around whether slavery should be condemned in the words of the Declaration. It was a terrifying and bewildering song. What did molasses and rum and Bibles have to do with Roots? And I remember vividly poor Thomas Jefferson, the author of that brilliant document, being called out for still practicing slavery on his property.
“I have already resolved to release my slaves,” said a quietly thoughtful Jefferson.
I sincerely believed that earnest and brave man, who thrilled his colleagues with the playing of his violin, his adoring wife Martha swooning to the tune. He was a noble man, to be admired.
We didn’t learn the real truth about Jefferson, or about any of the Founding Fathers, in class. And it wasn’t taught to me in college either, even though I was a political science major. The first person to challenge my view of our any of the Founders was a Black colleague I met during my RA training, who had brought up that we don’t ever teach real history. She cited the story of Jefferson and Sally Hemings, one of the many slaves he owned—a girl he had raped when she was just 14 years old.
I didn’t want to believe it. The Declaration of Independence, and its famous author, were sacred in my mind. The principles they espoused were of the highest order. And in my mind, July 4th was my favorite holiday, next to Christmas. For one day, Ba was cooler than all the other dads, and at least for that day we were the most popular kids in the neighborhood, even though we were not fully American—at least, that’s how it had always felt.
Once the veil was pierced, however, the truth began to burn holes through my mind. I began to question a great deal of the mythology that had been spoonfed to me, really to all of us. Christopher Columbus, that was a shocker. Manifest Destiny. The Chinese Exclusion Act. The Tulsa Massacre. The internment of Japanese Americans. With each revelation, it was hard not to become deeply and irretrievably cynical about our history and the way our country has always acted toward the most vulnerable in America.
There’s a strange thing that happens when you come out the other end of all that. I began to wonder how they did it. How did people like Frederick Douglass, Dr. Martin Luther King, Jr., and even my own hero George Takei still have anything left of faith and belief in this country, after all it had done to them, their families, their communities?
“We hold these truths to be self-evident.”
That all people are equal. That we all possess “unalienable rights of life, liberty and the pursuit of happiness.”
Those words were revolutionary in their time. And they indeed spawned a revolution. Despite my great disillusionment, they still inspire and hold true for me today. That’s the power of the enduring promise of America. Not that we will always, or even most of the time, get things right, or that we won’t stumble our way into dark and nearly hopeless chapters of genocide, slavery, internment, and yes, growing Christofascism today.
Loving the promise of America isn’t the same as loving what it has done and still does to break that promise, over and over. But I’ve come to appreciate the high value of maintaining our gaze upon that North Star, the one that still shines for liberation, fairness and equality. That the promise has now endured nearly 250 years speaks to our collective and deep desire for hope, even in the face of broad and dehumanizing injustice and inequity.
The America that our white, propertied, slave-holding male Founders envisioned isn’t what we’ve got today. But that’s because we’ve improved upon that vision. For me, the America of tomorrow is a truly multi-racial, multi-denominational, pluralistic democracy, a place of opportunity and prosperity, with no one left behind. That is the vision that sustains me. It’s the one where my Chinese father could hand out fireworks on July 4 to excited, white kids and seem the most American of all the dads.
We inherited both a sacred promise and a big mess from those who came before, and we’re still working on both. The fact that it is so very hard, and we have so very far still to go, is strong evidence of the incredible value of that promise. This is evidenced in great part by how fiercely others will fight with all they have to keep us from it.
But nothing worth fighting for was ever won without a fight. And in the end, the enemies of our unalienable rights will fail. That is the faith I keep.
Happy Independence Day. Our fight continues.
— Jay
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As Jay says, “the fight continues.” And, the patriots quoted above are on the front lines!
Sad historical footnote: Whatever the “musical version of TJ supposedly ‘resolved,’” the real-life version freed only two enslaved workers in his lifetime and five (including two of his own children) at death. The rest of his enslaved workers and their families were sold upon his death to pay off his monumental debts. Thus, these enslaved African-Americans paid a huge personal price for this “Father of Freedom’s” gross financial mismanagement!
For African Americans, working and being owned by the primary drafter of the Declaration of Independence was a bad deal! No freedom, no pay, and almost all of those he owned at death got sold to pay off the debts he left, resulting in the permanent separation of families! This is the real history of our nation that Trump, DeSantis, and other GOP White Nationalist “snowflakes” don’t want you to hear or learn. IMAGE: Public realm
According to Wikipedia:
Thomas Jefferson, the third president of the United States, owned more than 600 slaves during his adult life. Jefferson freed two slaves while he lived, and five others were freed after his death, including two of his children from his relationship with his slave (and sister-in-law) Sally Hemings. His other two children with Hemings were allowed to escape without pursuit. After his death, the rest of the slaves were sold to pay off his estate’s debts.
Mr. W-G-G’s “winning team” from GW Law Immigration Clinic. PHOTO: GW Clinic with client’s permission. It’s never too early in your legal career to do meaningful work and save lives!
Professors Alberto Benitez & Paulina Vera of the GW Immigration Law Clinic report from the Annandale (VA) Immigration Court:
“I’ll only have a couple general statutory bar questions to ask and will defer to Judge Jimenez in granting relief”
Please join me in congratulating Immigration Clinic client W-G-G, from Venezuela. He was granted asylum this morning by Immigration Judge (IJ) Christina Jiménez. W-G-G was represented by student-attorneys Anam Abid and Matt Banaitis. W-G-G and his family were targeted by the Maduro government for their opposition views culminating in being removed from their home at gunpoint on New Year’s Day 2020. Only W-G-G was allowed to leave Venezuela but thanks to the asylum grant he can begin the process of bringing his wife and 11 and 8 year-young kids to the USA.
The ICE Assistant Chief Counsel complimented Anam and Matt on the thoroughness of their pretrial filing and direct examination, limited his cross-examination to the statutory bar questions, and deferred to the IJ’s discretion on the grant of asylum. The hearing lasted 50 minutes.
In addition to Anam and Matt, student-attorneys Jasmine Martínez and Mark Rook also worked on this case.
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Who says great representation and meticulous preparation don’t matter? (Disgracefully, during the Trump Administration EOIR tried to make exactly that bogus claim by releasing a fictional “fact sheet” full of lies.)
Thanks for showing us how the system could and should work in many more cases, Paulina and Alberto! Congrats to you and your amazing team of student attorneys! Imagine having saved lives like this before you even graduate from law school or take the bar!
It’s tragic that the Biden Administration just isn’t interested in institutionalizing due process, fundamental fairness, and best practices. This case represents real teamwork, expertise, and mutual respect from ALL participants for the common good.
I particularly liked the ICE Assistant Chief Counsel’s complimentary comments. “Positive reinforcement” and recognition of excellence is SO important in the development of practice skills! And, I know that GW Law has contributed outstanding talents to both the Government and the private/NGO sectors of immigration practice!
Everybody, including ICE and EOIR, benefits from great representation in Immigration Court! It also virtually guarantees appearance at all hearings without counterproductive expensive detention. Why isn’t the Biden Administration focused on funding, expanding, and institutionalizing the things that actually work and enhance due process?
I also recognize Judge Christina Jimenez for setting a positive tone and having the confidence to inspire those appearing before her to do their best and to let them “model” the proper resolution. “Retail level judging” is about teaching, inspiring, setting good examples, and reinforcing success. That appears to be exactly what Judge Jimenez did here!
This is also an example of why I urge practitioners to compete for Immigration Judge positions! Although the system often lacks consistent expertise and leadership “from above,” there is plenty of room for achieving justice, case by case, at the Immigration Court level. I constantly get reports of significant victories for the NDPA and their clients.
Last week, my Round Table colleague Judge Ilyce Shugall (she is also on the VIISTA permanent faculty) and I had a chance to work with VIISTA Villanova faculty and instructors from the National Institute of Trial Advocacy on mock Immigration Court hearings for VIISTA students. What an impressive group of smart, personable, engaged, and serious advocates! And, talk about prepared! This group was SO prepared for their sessions!
There is tremendous “un-mined” potential for great pro bono representation out here! If only the Biden Administration would work WITH the advocacy/NGO community on representation and best practices, rather than trying to shove their broken and user unfriendly “good enough for government work” model down the public’s throats!
Even if the Biden Administration prefers “deterrence gimmicks” to systemic due process and best practices, “change from below” can spread throughout the nation.
Unfortunately, this particular Venezuelan situation is hardly unusual. I’m sure I granted similar cases during my tenure.
One can imagine, however, that some Venezuelan asylum applicants in the same situation are denied in the “EOIR crapshoot that passes for justice” while others are sent away to peril without fair hearings by the Biden Administration’s anti-asylum policies at the border.
I hope that in the “next generation,” leaders like you, Paulina, and your NDPA colleagues can change this broken and unfair system! Because the Biden Administration sure isn’t getting the job done when it comes to due process, human rights, and equal justice. That will mean getting some political power to make Dems take notice or pay a price.
Thanks to you, Paulina, Alberto, and your talented student attorneys for all you do for American justice! If only the Biden Administration had the same commitment and dedication to due process, creative problem solving, excellence, and fundamental fairness, this system could be fixed!
GW Law Immigration Clinic Director Professor Alberto Benítez & Co-Director Professor Paulina Vera
Professor Alberto Benitez, Director of the GW Law Asylum Clinic reports:
On February 1, 2023 Immigration Clinic client, R-W-, was granted asylum by the Arlington Asylum Office. The interview was June 6, 2022, and we received the approval notice yesterday. R-W- was a women’s rights attorney in Afghanistan. Among her duties, she trained law students to help women access justice using the legal system and was training to become a prosecutor to try cases involving violence against women. When the Taliban entered Kabul, she had to quit her job at the organization she worked at and stop her training program. Because she feared being targeted based on her advocacy and her education, R-W- fled Afghanistan on her third evacuation attempt. The stress of her situation caused her to experience depression, anxiety, and fainting spells, which all required medical attention. Now that R-W- is in the United States, she is feeling better health-wise and is researching law school programs, as she hopes to continue practicing as an attorney. The above is what R-W- wrote in her affidavit in support of her asylum application. R-W can now begin the process of bringing her husband to the USA. He remains in Afghanistan.
Please join me and Professor Vera in congratulating Alex Chen and Julia Addison, who worked on the case.
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Great news! Thanks for passing it on, my friend!
This is the essence of why we have asylum laws and the heart of great legal education that teaches “practical scholarship” and real-life problem solving at the “retail level” of our justice system.
Congrats and deep appreciation for all involved. Also grateful that Ms. R-W- is part of our nation and that we can benefit from her courage, skills, and example.
GW Law Immigration Clinic Director Professor Alberto Benítez & Co-Director Professor Paulina Vera
This just in from Professor Alberto Benitez @ the GW Law Immigration Clinic:
The GW Law Immigration Clinic presents our fundraiser, Coats for a Cause: Helping Stranded Migrants Stay Warm. Please see the attached flyer.
Through October 28 we will be collecting all lightly used and new winter clothing to donate to migrants who were recently sent to DC via buses. A box to collect donations is available in the lobby of our building at 650 20th Street, NW. Can’t make it in person? You can donate $$$ to Prof. Vera’s PayPal at @paulinavera1. All monetary donations will be used to purchase items off an Amazon Wishlist put together by local non-profits for the immediate needs of these migrants.
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Alberto Manuel Benitez
Professor of Clinical Law
Director, Immigration Clinic
The George Washington University Law School
650 20th Street, NW
Washington, DC 20052
(202) 994-7463
(202) 994-4946 fax abenitez@law.gwu.edu
THE WORLD IS YOURS…
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GW Coats Poster
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With colder weather arriving, this is a great opportunity to welcome and help the newest members of our community! Thanks to Professors Benitez and Vera and all the students at the GW Law Immigration Clinic for putting this effort together!
Contact: Communications and Legislative Affairs Division Phone: 703-305-0289 PAO.EOIR@usdoj.gov
www.justice.gov/eoir @DOJ_EOIR
Aug. 5, 2022
EOIR Announces 19 New Immigration Judges
FALLS CHURCH, VA – The Executive Office for Immigration Review (EOIR) today announced the appointment of 19 immigration judges to courts in California, Florida, Georgia, Illinois, Maryland, New Jersey, Tennessee, Texas, and Virginia.
EOIR continues to work to expand its immigration judge corps and welcomes qualified candidates from all backgrounds to join the agency. In addition to making a difference through service to our Nation, immigration judges join a diverse and inclusive workforce. Individuals interested in these critical positions are invited to sign up for job alerts that are sent when new opportunities become available.
After a thorough application process, Attorney General Merrick B. Garland appointed Tanisha L. Bowens-McCatty, Michael P. Davis, James T. Dehn, Julia E. Egy, Ashley Gadson-Andrews, Amy F. Haer, Robert J. Herrington, Geoffrey A. Hoffman, Maria L. Jaimes-Salgado, Christina M. Jimenez, Christopher M. Kozoll, Nicole A. Lane, Francis M. Mwangi, Alex D. Perez, Xavier F. Racine, Raphael G. Rojas, Marc B. Stahl, Michelle M. Venci, and Mary C. Vergona to their new positions.
Biographical information follows:
Tanisha L. Bowens-McCatty, Immigration Judge, Hyattsville Immigration Court
Tanisha L. Bowens-McCatty was appointed as an Immigration Judge to begin hearing cases in August 2022. Judge Bowens-McCatty earned a Bachelor of Arts in 1997 from the University of North Florida and a Juris Doctor in 2001 from the Florida State University College of Law. From 2013 to 2021, she worked for the American Bar Association’s Commission on Immigration in Washington, D.C., serving as the Associate Director (2013-2020) and the Director of Legal Initiatives and Member Engagement (2020-2021). From 2006 to 2011, she worked for the Catholic Legal Immigration Network Inc., in Washington, D.C., in the following roles: Senior Project Coordinator for the National Pro Bono Project for Children (2010-2011); Project Coordinator for the Raids Preparedness & Response Project (2008-2010); and Legalization Attorney (2006-2008). From 2004 to 2006, she was a supervising attorney for Catholic Charities Legal Services of the Archdiocese of Miami in Miami and in Fort Lauderdale, Florida, Broward County Satellite Office, and from 2003 to 2004 she worked as a staff attorney. From 2001 to
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2003, she was a staff attorney with Americans for Immigrant Justice (formerly the Florida Immigrant Advocacy Center) in Miami. Judge Bowens-McCatty is a member of the Florida Bar.
Michael P. Davis, Immigration Judge, Sterling Immigration Court
Michael P. Davis was appointed as an Immigration Judge to begin hearing cases in August 2022. Judge Davis earned a Bachelor of Arts in 1997 from John Carroll University and a Juris Doctor in 2000 from the University of Illinois College of Law. From 2016 to 2022, he served as the Executive Deputy Principal Legal Advisor, U.S. Immigration and Customs Enforcement (ICE), Department of Homeland Security. From 2012 to 2016, he served as ICE Deputy Principal Legal Advisor for Enforcement and Litigation. From 2005 to 2012, held the following roles at ICE: Appellate Counsel (2005-2007); Deputy Chief (2007-2009); and Chief of the ICE Immigration Law and Practice Division (2009-2012). From 2003 to 2005, he served as Associate Counsel, Refugee and Asylum Law Division, U.S. Citizenship and Immigration Services, Department of Homeland Security. From 2000 to 2003, he served as an assistant district counsel with the former Immigration and Naturalization Service in Los Angeles, entering on duty through the Attorney General’s Honors Program. Judge Davis is a member of the State Bar of California.
James T. Dehn, Immigration Judge, Sterling Immigration Court
James T. Dehn was appointed as an Immigration Judge to begin hearing cases in August 2022. Judge Dehn earned a Bachelor of Arts in 1995 from George Mason University, a Master of Arts in 1998 from the Syracuse University Maxwell School of Citizenship and Public Affairs, and a Juris Doctor in 1998 from the Syracuse College of Law. From 2020 to 2022, he served as the Chief Appellate Counsel at U.S. Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS), in Washington, D.C. From 2019 to 2020, he served as an attorney advisor at the Office of Chief Counsel, U.S. Citizenship and Immigration Services, in Washington, D.C. From 2005 to 2019, he served as an attorney advisor at the Office of the Principal Legal Advisor, ICE, in Washington, D.C. Also, from 2007 to 2011, he served as a government appellate counsel, and from 2002 to 2006, as a trial defense counsel, in the U.S. Army Reserve, Judge Advocate General’s Corps, National Capital Region. From 2000 to 2005, he served as an attorney advisor at the Office of General Counsel, U.S. Department of Veterans Affairs, in Washington, D.C. From 1998 to 1999, he was an associate attorney at Whelan, DeMaio & Kiszkiel PA, in Miami. Judge Dehn is a member of the Maryland State Bar.
Julia E. Egy, Immigration Judge, Sterling Immigration Court
Julia E. Egy was appointed as an Immigration Judge to begin hearing cases in August 2022. Judge Egy earned a Bachelor of Journalism in 1997 from the University of Missouri-Columbia and a Juris Doctor in 2002 from American University Washington College of Law. From 2014 to 2022, she served as a senior panel attorney with the Board of Immigration Appeals (BIA), Executive Office for Immigration Review. From 2012 to 2014, she served as a supervisory attorney, and from 2004 to 2012, as an attorney advisor, with the BIA. From 2003 to 2004, she was in private practice. From 2002 to 2003, she served as a judicial law clerk for the Baltimore, Philadelphia, and York immigration courts. Judge Egy is a member of the Missouri Bar.
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Ashley Gadson-Andrews, Immigration Judge, Los Angeles – Olive Street Immigration Court
Ashley Gadson-Andrews was appointed as an Immigration Judge to begin hearing cases in August 2022. Judge Gadson-Andrews earned a Bachelor of Science in 2008 from the University of Arizona – Eller College of Management and a Juris Doctor in 2011 from the University of Southern California Gould School of Law. From 2013 to 2022, she served as a deputy district attorney at the Los Angeles District Attorney’s Office. From 2012 to 2013, she was a trial attorney with the Los Angeles Dependency Lawyers at Edelman Children’s Court in Monterey Park, California. Judge Gadson-Andrews is a member of the State Bar of California.
Amy F. Haer, Immigration Judge, Atlanta – W. Peachtree Street Immigration Court
Amy F. Haer was appointed as an Immigration Judge to begin hearing cases in August 2022. Judge Haer earned a Bachelor of Science in 2003 from the Georgia Institute of Technology and a Juris Doctor in 2008 from the George Washington University Law School. From 2017 to 2022, she was the Director of Immigration Legal Services at Catholic Charities Atlanta. From 2015 to 2017, she was the Associate Director for Immigration and Refugee Services at Catholic Community Services – Tucson (CCS-T). From 2012 to 2015, she was the Program Director for the Immigrant Survivors Legal Assistance Program at CCS-T. From 2008 to 2012, she was a staff attorney with Catholic Charities Atlanta. Judge Haer is a member of the State Bar of Georgia.
Robert J. Herrington, Immigration Judge, Los Angeles – Olive Street Immigration Court
Robert J. Herrington was appointed as an Immigration Judge to begin hearing cases in August 2022. Judge Herrington earned a Bachelor of Arts in 1975 from the University of Southwestern Louisiana and a Juris Doctor in 1985 from the LSU Paul M. Hebert Law Center. From 2005 to 2022, he was a criminal defense lawyer in Plano, Texas. From 1998 to 2005, he served as an assistant federal public defender at the Office of the Federal Public Defender in Dallas. From 1996 to 1997, he was a general practitioner in Dallas. From 1991 to 1995, he served as a staff attorney at the Federal Deposit Insurance Corporation and then at the Resolution Trust Corporation. From 1988 to 1991, he served as a law clerk to the U.S Bankruptcy Court. From 1985 to 1988, he was an immigration lawyer in private practice. Judge Herrington is a member of the State Bar of Texas.
Geoffrey A. Hoffman, Immigration Judge, Houston – S. Gessner Road Immigration Court
Geoffrey A. Hoffman was appointed as an Immigration Judge to begin hearing cases in August 2022. Judge Hoffman earned a Bachelor of Arts in 1991 from Columbia College, Columbia University, a Juris Doctor in 1997 from Tulane Law School, and a Master of Laws in 2004 from Harvard Law School. From 2009 to 2022, he served as Director of the Immigration Clinic at the University of Houston Law Center. From 2004 to 2009, he practiced immigration law at Kurzban, Kurzban, Weinger, and Tetzeli PA in Miami. From 1998 to 2000, Judge Hoffman served as a judicial law clerk for the Honorable Paul V. Gadola U.S. District Court for the Eastern District of Michigan. Judge Hoffman is a member of the Florida Bar and the State Bar of Michigan.
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Maria L. Jaimes-Salgado, Immigration Judge, Houston – Greenspoint Park Immigration Court
Maria L. Jaimes-Salgado was appointed as an Immigration Judge to begin hearing cases in August 2022. Judge Jaimes-Salgado earned a Bachelor of Science in 2006 from the University of Houston-Downtown and a Juris Doctor in 2009 from Texas South University Thurgood Marshall School of Law. From 2021 to 2022, she was an associate attorney with the Law Office of Velia E. Rosas PLLC in Houston. From 2019 to 2022, she was in private practice in Houston. From 2012 to 2019, she was managing attorney, and from 2009 to 2012, she was an associate attorney, at the Law Office of Isaias Torres PC in Houston. Judge Jaimes-Salgado is a member of the State Bar of Texas.
Christina M. Jimenez, Immigration Judge, Arlington Immigration Court
Christina M. Jimenez was appointed as an Immigration Judge to begin hearing cases in August 2022. Judge Jimenez earned a Bachelor of Arts in 1997 from the University of Washington and a Juris Doctor in 2001 from Boston University. From 2002 to 2022, she served as an attorney and a trial judge with the U.S. Air Force in the following locations: Royal Air Force Lakenheath, United Kingdom; Kunsan Air Base, Republic of Korea; Kadena Air Base, Japan; Bolling Air Force Base, Washington, D.C.; Osan Air Base, Republic of Korea; Lajes Field, Azores, Portugal; Joint Base Andrews, Maryland; and Travis Air Force Base, California. In 2022, she retired as a colonel from the U.S. Air Force, having last served as the Chief Circuit Military Judge for the Western Circuit. Judge Jimenez is a member of the Massachusetts Bar.
Chris M. Kozoll, Immigration Judge, Memphis Immigration Court
Chris M. Kozoll was appointed as an Immigration Judge to begin hearing cases in August 2022. Judge Kozoll earned a Bachelor of Arts in 1993 from the University of Notre Dame, a Master of Arts in 2000 from Gonzaga University, and a Juris Doctor in 2004 from the University of Colorado School of Law. From 2010 to 2022, he was a partner at Kozoll & Associates Immigration Law PLLC. From 2007 to 2010, he served as an associate attorney with the Law Office of Dennis M. Clare PSC. In 2007, he was a contract attorney at Lichter Associates PC. From 2004 to 2007, he worked as an associate attorney with the Joseph Law Firm PC. Judge Kozoll is a member of the Kentucky Bar.
Nicole A. Lane, Immigration Judge, Newark Immigration Court
Nicole A. Lane was appointed as an Immigration Judge to begin hearing cases in August 2022. Judge Lane earned a Bachelor of Arts in 1996 from the State University of New York at Albany and a Juris Doctor in 1999 from the George Washington University Law School. From 2018 to 2022, she served as an assistant director at the New York State Adjudication Services Office. From 2012 to 2018, she served as a senior Administrative Law Judge, and from 2008 to 2012, she served as an Administrative Law Judge at the New York State Unemployment Insurance Appeal Board. From 2005 to 2008, she was a director of public affairs at New York City Health and Hospitals in Harlem, New York, and worked as a public policy analyst prior to that. Judge Lane is a member of the New Jersey State Bar and New York State Bar, and is admitted to practice before the Supreme Court of the United States.
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Francis M. Mwangi, Immigration Judge, Fort Worth Immigration Adjudication Center
Francis M. Mwangi was appointed as an Immigration Judge to begin hearing cases in August 2022. Judge Mwangi earned a Bachelor of Arts in 1991 from Kenyatta University in Nairobi, Kenya, a Juris Doctor in 1997 from the West Virginia University College of Law, and a Master of Laws in 2011 from the University of Houston Law Center. From 2019 to 2022, he was an attorney supervisor, and from 2016 to 2019, a staff attorney, in the Legal Services Section at State Counsel for Offenders, Texas Board of Criminal Justice. From 2003 to 2016, he was in private immigration practice in Maryland and Texas. From 1997 to 2003, he was an associate with the immigration law firm of Blaine L. Gilbert & Associates in Baltimore. Judge Mwangi is a member of the Maryland State Bar, State Bar of Texas, and West Virginia State Bar.
Alex D. Perez, Immigration Judge, Houston – Greenspoint Park Immigration Court
Alex D. Perez was appointed as an Immigration Judge to begin hearing cases in August 2022. Judge Perez earned a Bachelor of Arts in 2006 from Northwestern University and a Juris Doctor in 2009 from the University of Houston Law Center. From 2019 to 2022, he served as a deputy chief counsel, and from 2010 to 2019, as an assistant chief counsel, with the Office of the Principal Legal Advisor, U.S. Immigration and Customs Enforcement, Department of Homeland Security in Houston. From 2009 to 2010, he worked in private practice in Houston. Judge Perez is a member of the State Bar of Texas.
Xavier F. Racine, Immigration Judge, Sterling Immigration Court
Xavier F. Racine was appointed as an Immigration Judge to begin hearing cases in August 2022. Judge Racine earned a Bachelor of Arts in 1998 from Boston College and a Juris Doctor in 2001 from Suffolk University Law School. From 2014 to 2021, he was a partner at Priale & Racine PLC. From 2008 to 2014, he was a partner at Marks Calderon Derwin & Racine PLC. From 2002 to 2008, he was a senior associate at Montagut & Sobral PC. From 2001 to 2002, he was an associate with Jaime Aparisi & Associates LLC. Judge Racine is a member of the Massachusetts Bar, as well as the Fourth Circuit Court of Appeals.
Raphael G. Rojas, Immigration Judge, Orlando Immigration Court
Raphael G. Rojas was appointed as an Immigration Judge to begin hearing cases in August 2022. Judge Rojas earned a Bachelor of Science in 1990 from Long Island University at C.W. Post Campus, a Juris Doctor in 1994 from the Interamerican University of Puerto Rico School of Law, and a Master of Laws in Health Law in 1996 from Loyola University Chicago School of Law. From 2008 to 2022, he served as Superior Judge at the Judicial Branch of the Commonwealth of Puerto Rico. From 2006 to 2008, he was in private practice in Puerto Rico. From 2000 to 2006, he served as Municipal Judge at the Judicial Branch of the Commonwealth of Puerto Rico. From 1995 to 2000, he was in private practice in Puerto Rico. Judge Rojas is a member of the Commonwealth of Puerto Rico Bar.
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Marc B. Stahl, Immigration Judge, Chicago Immigration Court
Marc B. Stahl was appointed as an Immigration Judge to begin hearing cases in August 2022. Judge Stahl earned a Bachelor of Arts in 1988 from Georgetown University and a Juris Doctor in 1991 from the University of Chicago Law School. From 1991 to 2021, he served as an assistant public defender in the Law Office of the Cook County Public Defender in Chicago, and from 2016 to 2021, he was the Chief of the Felony Trial Division. From January to July 2022, he was in private practice. Judge Stahl is a member of the Illinois State Bar.
Michelle M. Venci, Immigration Judge, Chicago Immigration Court
Michelle M. Venci was appointed as an Immigration Judge to begin hearing cases in August 2022. Judge Venci earned a Bachelor of Arts in 1997 from the University of Notre Dame and a Juris Doctor in 2002 from Chicago-Kent College of Law. From 2010 to 2022, she served as an assistant chief counsel, Office of the Principal Legal Advisor (OPLA), U.S. Immigration and Customs Enforcement (ICE), Department of Homeland Security, in Chicago. From 2007 to 2010, she served as an assistant chief counsel, OPLA, ICE in Orlando, Florida. From 2002 to 2007, she served as an Assistant State’s Attorney with the Cook County State’s Attorney’s Office in Chicago. Judge Venci is a member of the Illinois State Bar.
Mary Catherine Vergona, Immigration Judge, Sterling Immigration Court
Mary Catherine Vergona was appointed as an Immigration Judge to begin hearing cases in August 2022. Judge Vergona earned a Bachelor of Science in 1987 from Miami University in Oxford, Ohio, a Juris Doctor in 1997 from The University of Akron in Akron, Ohio, and a Master of Laws in Military Law in 2005 from The Judge Advocate’s General Legal Center and School in Charlottesville, Virginia. From 1998 to 2022, Judge Vergona served as a Judge Advocate General in the U.S. Army, culminating with her serving as a Circuit Judge from 2019 to 2022 at Fort Belvoir, Virginia. Judge Vergona is a member of the Virginia State Bar.
— EOIR —
The Executive Office for Immigration Review (EOIR) is an agency within the Department of Justice. EOIR’s mission is to adjudicate immigration cases by fairly, expeditiously, and uniformly interpreting and administering the Nation’s immigration laws. Under delegated authority from the Attorney General, EOIR conducts immigration court proceedings, appellate reviews, and administrative hearings. EOIR is committed to ensuring fairness in all cases it adjudicates.
Communications and Legislative Affairs Division
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Congrats to all! Looks like a well-qualified group with a big job ahead of them. For me, personally, three names particularly stand out.
Judge Geoffrey Hoffman, Houston Immigraton Court
Judge Geoffrey Hoffman of the Houston (S. Gessner Rd.) Immigration Court was most recently the Director of the Immigration Clinic at Houston Law and a noted immigraton litigator and universally respected scholar whose work I have cited and published on Courtside.
Judge Xavier Racine of the Sterling (VA) Immigration Court is an outstanding practitioner who appeared many times before me at Arlington. I also particularly remember that he generously shared his time and expertise with our JLCs and summer interns as a frequent participant in our Brown Bag Lunch Series on “Careers in Immigration.”
Judge Amy F. Haer of the Atlanta (W. Peachtree) Immigration Court was most recently Director of Immigration Services for Catholic Legal Services of Atlanta. A graduate of GW Law, she is an alum of the GW Immigration Clinic headed by my good friend and neighbor in Alexandria, Professor Alberto Benitez. Professor Benitez wrote to me earlier on Friday about his pride in Judge Haer’s achievements and how honored he was to be able to attend her investiture by Zoom. Professor Benitez informs me that Judge Haer is the third of his clinic students to be elevated to the Immigration Bench! Way to go in training the “next generation” of the NDPA!
EOIR needs change! Big time! Lives depend upon it, as does the future of our legal system, now staggering under the load of far too many “ivory tower right wing ideologue jurists” at all levels who have lost sight of the serious scholarship, humanity, and practicality with which the law must be interpreted and applied. Justice without mercy isn’t justice at all, something that the Supremes’ GOP majority needs to be “schooled” on! To the extent that change starts at the “retail level” of EOIR, the latest selections represent progress.
GW Law Immigration Clinic Director Professor Alberto Benítez & Co-Director Paulina Vera
Professor Alberto Benitez reports:
Please join me and Professor Vera in congratulating Immigration Clinic client, K-H-, from Indonesia, and her student-attorneys, Jordan Nelson, Julia Yang, and Alex Chen. The client’s asylum application was filed on December 3, 2018, she had two interviews at the Asylum Office, on November 10, 2021 and March 2, 2022, and she was granted asylum on May 24, 2022. We received the notice today. The above-captioned is what K-H- said upon learning about her asylum grant.
K-H- is a lesbian woman. Throughout her life, she has had to hide her identity for fear that her family would disown her and that she would be arrested, physically harmed, or even killed if she was outed in her country. K-H- came to the U.S. in 2017 to work as a nanny. During that time, her host family was also hostile towards members of the LGBTQ+ community. Afraid once again, K-H- moved households and with the support of that host family and the Immigration Clinic, she decided to apply for asylum so that she could live her life openly as a lesbian woman. K-H- now volunteers for several LGBTQ+ initiatives, including a theater program for LGBTQ+ people of color. She finds that sharing her story is therapeutic. When Professor Vera asked how K-H- planned to celebrate, she replied that she will be celebrating with her new girlfriend.
Congrats again to my friends Alberto and Paulina and their talented students!
Jason Dzubow The Asylumist
Proving the “Dzubow Rule:”“The winners are out here! We just have to get them represented and to merits determinations before competent adjudicators in a hopelessly backlogged system.”
How many refugees like K-H- have been arbitrarily and illegally returned to danger and harm by the Biden and Trump Administrations with no process at all, let alone due process of law? Cutting off the right to make and be fairly heard on claims to asylum and mandatory legal protection is a major human rights violation by our Government!
GW Law Immigration Clinic Director Professor Alberto Benítez & Co-Director Paulina Vera
Please join me and Professor Vera in congratulating Immigration Clinic client, R-A-, from Nigeria, and his student-attorneys, Olivia Russo, LinLin Teng, Kennady Peek, Lea Aoun, and Megan Elman. The client’s asylum application was filed on December 3, 2018, his interview at the Asylum Office was on September 3, 2021, and he was granted asylum on May 18, 2022. We received the approval notice yesterday. The above-captioned is what R-A- said upon learning about his asylum grant.
R-A- is a gay man and LGTBQ+ activist. Throughout his entire life, R-A- experienced bullying and threats and had to keep his dating life a secret. However, things got even worse for him once he started an LGTBQ+ online magazine that received international attention. His family disowned him. A former classmate also set him up and he was physically beaten, sexually assaulted, called derogatory names, blackmailed, and outed. Since coming to the U.S., R-A- has continued to work on his online publication and volunteer for other LGBTQ+ initiatives. He hopes to one day attend law school in the U.S.
Thanks for the update and for all you and your student attorneys do for American justice! Once again this shows the effect of expert representation of asylum seekers and the critical importance of winning cases at the first possible level, in this case the USCIS Asylum Office. Who knows what might have happened if this had been sent over to the “EOIR roulette wheel,” where life or death justice for immigrants has become a “high-stakes game of chance?” 🎰
Perhaps even more remarkably, most of the folks who participated in that “intentional misdirection” remain on the agency payroll under Garland, a number in their same positions.
The lack of an Attorney General who “gets it” (apparently a staple of Dem Administrations) and who is willing to clean house and make the necessary aggressive progressive reforms to restore due process at EOIR and throughout the Immigration bureaucracy is yet another reason why the work of clinics and other battalions of the NDPA remains so critical! With a Government whose contempt for Due Process is amply illustrated by foot-dragging on Title 42 revocation, bogus, justice-denying “Dedicated Dockets,” and an appellate body that cuts corners while eschewing positive asylum guidance that would save lives, advocates for respondents are the only folks seriously interested in carrying out our Constitution and insuring that the rule of law is honored.
If that sounds like an indictment of Garland’s “leadership” on human rights, racial justice, and immigrant justice, that’s because it is!
GW Law Immigration Clinic Director Professor Alberto Benítez & Co-Director Paulina Vera
Please join me and Professor Vera in congratulating Immigration Clinic client, T-Y-, from China, and his student-attorneys, Gisela Camba, Esder Chong, Jordan Nelson, Tessa Pulaski, and Julia Yang. The client’s asylum application was filed on April 6, 2018, his interview at the Asylum Office was on November 8, 2021, and he was granted asylum on May 17, 2022. We received the decision today. The above-captioned is what T-Y- said upon learning about his asylum grant.
T-Y- is a Muslim Uyghur, an ethnic and religious minority in China. Due to his decades-long work as an Uyghur activist, he was persecuted by the Chinese government. T-Y- was falsely imprisoned, sentenced to a ‘re-education camp’, physically and psychologically tortured, and had his movements restricted and monitored. Despite everything he has endured, T-Y- continues his Uyghur advocacy work from within the United States and has even consulted with U.S. politicians and government agencies about the treatment of Uyghurs in China.
Congratulations! Another job REALLY well done by Professors Benitez and Vera and their band of NDPA recruits at GW Law.
As Jason “The Asylumist” Dzubow says, lots of winnable cases out there if folks can get well-qualified representation and actually reach a merits determination before the Asylum Office or EOIR — no mean feat in such a backlogged system!
That raises the point of why wouldn’t a clearly well-prepared and grantable Uyghur case like this one be moved to the “front of the line” for expedited processing instead of sitting around for more than four years?
For years, both USCIS and EOIR have been “expediting” the wrong cases (known as “Aimless Docket Reshuffling”) in an ill-advised and failed attempt to use the legal asylum system as a “deterrent” by maximizing and prioritizing “anticipated denials.” Instead, they should be putting protection and excellence in preparation and advocacy first. It would actually free up more representation resources if advocates weren’t forced to “babysit” “ready for prime time” cases for years!
During that time, records must be constantly updated, memories fade, and witnesses can become unavailable. Attorneys on both sides move on. Judges retire. There are all sorts of “below the radar screen” costs to creating and maintaining a huge backlog. Unfortunately, it promotes the “refugee roulette” image of what is supposed to be a fair, expert, timely system (but isn’t).
In addition, many of the “haste makes waste” attempts to cut corners by prejudging and denying certain cases, or creating “defective in absentias” end up being reopened or remanded because of sloppy, substandard work.
What is the Government’s “vision” of how this system can be made to work in a fair and timely manner for all concerned?
