😎🗽👍⚖️FINALLY, SOME GOOD NEWS FROM THE EOIR TOWER! — Trump “Burrower” 🤮👎 Carl C. Risch Out As Deputy Director!

By Paul Wickham Schmidt

Courtside Exclusive

May 7, 2021

Hamed Aleaziz @ BuzzFeed News tweeted https://twitter.com/Haleaziz/status/1390724674825326593?s=20 this afternoon that “Trump burrower” Carl C. Risch has resigned as Deputy Director @ EOIR. This move fulfills a prediction made earlier this week by Courtside source “DT-21.” https://immigrationcourtside.com/2021/05/05/🤮👎🏻shocking-betrayal-justice-garland-disses-progressive-experts-with-secret-appointments-of-17-unqualified-immigration-judges-n/

It follows an inquiry from Senate Judiciary Chair Senator Dick Durbin (D-IL) and others to the Garland DOJ about the much-criticized and obviously questionable last minute appointment of the former DOS politico to a SES job at EOIR. Chairman Durbin, in turn, was no doubt spurred into action by complaints from members of the NDPA and others in the due process advocacy community. https://immigrationcourtside.com/2021/04/20/⚖%EF%B8%8Fas-garland-dawdles-chairman-dick-durban-d-il-homes-in-on-eoir-deputy-director-illegally-appointed-burrower-carl-c-risch-what-should-have-b/

Risch’s last-minute appointment at EOIR was particularly egregious, since he had no known Immigration Court experience. EOIR currently is in an existential crisis that threatens to topple the entire U.S. Justice System, with a highly politicized “judiciary” and an astounding, largely self-inflicted 1.3 million case backlog.

That  backlog multiplied much faster than the additional Immigration Judges that Sessions and Barr used to “pack” the Immigration Courts with restrictionists and judges sympathetic to ICE enforcdement and often hostile to asylum seekers and their lawyers. As many experts have observed, the Trump era hires often had highly questionable judicial qualifications, many lacking any immigration law expertise or experience. Perhaps, that’s a reason why the backlog continued to grow exponentially even as Sessions and Barr tried gimmick after gimmick, a number of them blatantly illegal and enjoined by Federal Courts, to cut corners and “rev up” the “Trump Deportation Railroad @ EOIR.”

Obviously, throwing an unqualified political hack like Risch into this mess in a senior “management” position was just another example of the Trump Administration’s abuse of government resources and manipulation of personnel practices @ DOJ. It took some time for Judge Garland to get this one right. But, better late than never.

However encouraging the news of Risch’s departure might be, there is still much more “housecleaning” to be done by Garland at the EOIR Tower. That should start with BIA Chair David Wetmore, a Stephen Miller/Gene Hamilton crony with no positive reputation for scholarship or expertise in the immigration/human rights community and no known experience representing asylum seekers or other migrants in Immigration Court.

It’s little wonder that with “appellate judges” who have earned little respect in the legal community at large comprising the BIA, the system is a mess, turning out poor work product and elementary errors, “outed” by the Article IIIs on a regular basis.

Due Process Forever!

 

PWS

05-07-21

 

BOOKER, PADILLA GET KEY SENATE JUDICIARY SUBCOMMITTEES! — Will They Finally “Connect The Dots” Between Racial Injustice & Systemic Dehumanization (“Dred Scottification”) Of Migrants?

Hayley Miller
Hayley Miller
Breaking News Reporter
HuffPost

https://www.huffpost.com/entry/cory-booker-alex-padilla-judiciary_n_60297737c5b680717ee8a7f0

Hayley Miller reports for HuffPost:

Sens. Cory Booker (D-N.J.) and Alex Padilla (D-Calif.) on Sunday made history with their appointments to lead two separate Senate subcommittees.

The Senate Judiciary Committee, headed by Sen. Dick Durbin (D-Ill.), announced Booker will chair the subcommittee on criminal justice and counterterrorism. He’s the first Black chair of a Senate Judiciary subcommittee.

The committee also announced Padilla will chair the subcommittee on immigration, citizenship and border safety ― the first Latino to do so. He became the first Latino senator from California last month when he took over Kamala Harris’ seat as she assumed the vice presidency.

In a statement Sunday, Padilla said he’s honored by the historic appointment, noting his roots as the “proud son of immigrants from Mexico.”

“While no state has more at stake in immigration policy than California, the entire nation stands to benefit from thoughtful immigration reform,” Padilla said. “I commit to bringing the urgency to immigration reform that this moment demands and millions of hard working immigrants have earned.”

. . . .

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Read the full article at the link.

“Urgency” on immigration and human rights is exactly what’s needed and has been sorely missing from Dem leadership in the past. There is nothing more “urgent” than insuring immediate comprehensive Immigration Court reform at the DOJ, eventually leading to the creation of a progressive, independent, Article I Immigration Court.

Without dramatic Immigration Court reforms, most other immigration reforms will prove to be sporadic, inconsistent, and ineffective. Somebody has to insure that the Executive Branch complies with due process and other legal requirements. That’s been totally lacking over the past four years, and has also been problematic in past Dem Administrations!

Without addressing the institutionalized dehumanization inflicted on people of color (“Dred Scottification”) by the immigration system, there will be no real racial justice in America!  

🇺🇸🗽⚖️Due Process Forever!

PWS

02-14-21

HEAR JUDGE A. ASHLEY TABADDOR, PRESIDENT OF THE NAIJ TESTIFY LIVE BEFORE THE SENATE JUDICIARY COMMITTEE ON WEDNESDAY APRIL 18, 2018 ABOUT THE APPALLING STATE OF “JUSTICE” IN OUR UNITED STATES IMMIGRATION COURTS UNDER TRUMP & SESSIONS!

 

From: John Manley [mailto:jmanleylaw@gmail.com]
Sent: Monday, April 16, 2018 12:34 PM
To: AILA Southern California Chapter Distribution List <southca@lists.aila.org>
Subject: [southca] IJ Tabaddor to testify in Congress Wednesday

 

Colleagues,

As currently scheduled, Judge A. Ashley Tabaddor is expected to testify this Wednesday at 2:30PM EST 11:30AM PST.  at a hearing on Strengthening and Reforming America’s Immigration Court System

 

Here is the link to the event, if you want to watch it: https://www.judiciary.senate.gov/meetings/strengthening-and-reforming-americas-immigration-court-system

 

John M. Manley
Attorney at Law
11400 W Olympic Blvd., Suite 200
Los Angeles, CA 90064
Phone:  (310) 597-4590
Fax:      (310) 597-4591
www.johnmanley.net;
email:  jmanleylaw@gmail.com

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PWS

04-16-18

DANA MILBANK @ WASHPOST: KIRSTJEN NIELSEN IS A BUREAUCRATIC SUPER SYCOPHANT! – Duh! Why Do You Think She Got The Job?

https://www.washingtonpost.com/opinions/this-way-madness-lies/2018/01/16/0b627fe2-fb0a-11e7-a46b-a3614530bd87_story.html

Milbank writes:

“This way madness lies.

I knew that Homeland Security Secretary Kirstjen Nielsen, when she appeared before the Senate Judiciary Committee on Tuesday, would deny that Trump said what the whole world knows he said: that he wants immigrants from Norway rather than from “shithole” countries in Africa.

What I was not expecting was that Nielsen would raise a question about whether Norwegians are mostly white.

Sen. Patrick J. Leahy (D-Vt.) displayed a poster from the dais proclaiming, in big letters, “Trump: Why allow immigrants from ‘Shithole Countries’?” An aide held the poster aloft right behind Sen. Richard J. Durbin (D-Ill.), who, along with Sen. Lindsey O. Graham (R-S.C.), was at the infamous meeting with Trump and told others about his racist language.

Nielsen, who was also in that meeting, was now under oath, and she wiggled every which way to excuse Trump without perjuring herself: “I did not hear that word used. . . . I don’t dispute that the president was using tough language.”

Leahy moved on to Trump’s wish for more Norwegian immigrants. “Norway is a predominantly white country, isn’t it?” he asked, rhetorically.

“I actually do not know that, sir,” Nielsen replied. “But I imagine that is the case.”

Kirstjen Nielsen doesn’t know Norwegians are white?

Just as Nielsen “imagines” Norwegians are white, I imagine that she, in her denial of the obvious and defense of the indefensible, is the latest Trump sycophant to trash her reputation. She joins the two Republican senators, David Perdue (Ga.) and Tom Cotton (Ark.), who were in the room for the “shithole” moment but not only denied that it was said (Trump’s use of the vulgar word was widely confirmed, even by Fox News, and not denied by the White House until Trump tweeted a partial denial the next day) but also disparaged the integrity of Durbin for being truthful.

It’s clear they, like Nielsen, do this so they don’t get crosswise with the volatile president — but in the process shred their own integrity.

Now the federal government is hurtling toward a shutdown, entirely because of the president’s whim. Democrats and Republicans presented him last week with exactly the bipartisan deal he said he would sign — protecting the immigrant “dreamers” while also providing funding for his border security “wall” — but Trump unexpectedly exploded with his racist attack and vulgar word.”

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Read the rest of Milbank’s op-ed at the above link.

Obviously, Neilsen got the job of DHS Secretary because she was perceived by the Trumpsters to be a lightweight sycophant who wouldn’t “rock the boat.” After all, a truly independent individual at the head of DHS might stand up to the wasteful and immoral “Gonzo” enforcement program being pursued by Trump, Miller, Sessions, Kelly, Homan, and the rest of the Administration’s “White Nationalist Cabal.”

How dumb and complicit is Nielsen? Well, she’s been “reassuring” the “Dreamer community” that even if the budget deal falls through they won’t be an “enforcement priority!” She ignores, of course, the fact that without DACA or legislation, the Dreamers will lose their hard-earned legal work authorizations and, in many cases, their ability to pursue higher education.

In plain terms, they will be “forced underground” where they will be subject to employer abuse, won’t be able to pay taxes, won’t be able to realize their full potential, and, naturally, will be unable to report or act as witnesses to crimes because of fear of removal. Plus, Jeff “Gonzo Apocalypto” Sessions and Tom Homan have assured Dreamers that if they happen to get caught up in any of ICE’s “dragnet” operations, their “nonpriority” status won’t save them from deportation. Also, once “underground” and no longer required to apply to the DHS for renewals, those few “Dreamers” who do go “off the tracks” will not have their records periodically reviewed by the Government. We won’t even have a real idea of how many actually are in the U.S. any more. So, how is this sane government?

The Obama Administration correctly determined that removal of the Dreamers was not an enforcement priority and not in the national interest. In other words, they that they should receive “prosecutorial discretion,” or “PD” pending an appropriate legislative resolution which was not immediately available.

Rather than leaving it to a myriad of local enforcement officials to arbitrarily exercise PD, the Obama Administration established a program where Dreamers were carefully reviewed by professional DHS adjudicators who consistently applied written, transparent criteria. If qualified, Dreamers were given legal authorization to work and documentation that, for the most part, allowed them to pursue higher education, get drivers licenses, etc. What a reasonable and rational way to exercise “prosecutorial discretion” or “PD.” Indeed, a model program.

A real DHS secretary might have stood up to bullies Trump, Kelly, Miller, and Sessions by arguing that the DACA program should be reinstated. The opportunity certainly presented itself. The Administration could simply drop its opposition to the order of the U.S. District Judge Alsup blocking the rescission of DACA. That also would offer the Administration “legal cover” if any of the restrictionist GOP state AGs challenge DACA. They would have to deal with a highly skeptical Judge Alsup.

A real DHS Secretary might also not have had “bogus amnesia” and have reported accurately under oath what the President really said. A real DHS Secretary might also have “Just Said No” to the cruel and irrational termination of Salvadoran TPS. Yeah, the President could fire her for either of those things. But, no Cabinet Secretary job is forever anyway. If you’re going to go down, having it be for courageously telling truth to power, when power is being abused, isn’t the worst way to go out.

Instead, Neilsen will go down as just another bureaucratic sycophant who “went along to get along” no matter what the cost to her country and to her own integrity.

PWS

01-17-18