⚖️ BIA SAYS “OK” TO DHS REQUEST TO APPLY MATTER OF FERNANDES RETROACTIVELY! — Matter of LARIOS-GUTIERREZ DE PABLO and PABLO-LARIOS, 28 I&N Dec. 868 (BIA 2024)

🆗

https://www.lexisnexis.com/community/insights/legal/immigration/b/insidenews/posts/matter-of-larios-gutierrez-de-pablo-and-pablo-larios-28-i-n-dec-868-bia-2024

November 19, 2024 (1 min read)

Matter of LARIOS-GUTIERREZ DE PABLO and PABLO-LARIOS, 28 I&N Dec. 868 (BIA 2024)

The Board’s holding in Matter of Fernandes, 28 I&N Dec. 605, 610–11 (BIA 2022), that an objection to a noncompliant notice to appear will generally be considered timely if raised prior to the close of pleadings is not a change in law, and thus Matter of Fernandes applies retroactively.

“In a decision dated October 24, 2022, the Immigration Judge granted the respondents’ motion to terminate their removal proceedings based on a noncompliant notice to appear. The Department of Homeland Security (“DHS”) has appealed, arguing that the Immigration Judge erred in not applying Matter of Fernandes, 28 I&N Dec. 605 (BIA 2022). The appeal will be sustained, and the record will be remanded. … Our guidance in Matter of Fernandes as to the timeliness of the claim-processing rule objection to a noncompliant notice to appear applies retroactively. The respondents did not object to the missing information in their notices to appear before the close of pleadings and have not otherwise demonstrated that their objection should be considered timely. Thus, they have forfeited their objection. We will sustain DHS’ appeal, vacate the Immigration Judge’s decision, and remand for further proceedings.”

TAGS:

PWS

11-19-24

🇺🇸⚖️🗽🛡⚔️💪🏼POWERFUL NEW PROGRESSIVE LEADERS EMERGE IN FIGHT FOR DUE PROCESS, FUNDAMENTAL FAIRNESS, & HUMAN DIGNITY:  Ayuda Welcomes Victoria Maqueda Feldman as Director of Legal Programs!👏😎

Victoria Maqueda Feldman, ESQDirector of Legal Programs AYUDA PHOTO: AYUYDA
Victoria Maqueda Feldman, ESQ
Director of Legal Programs
AYUDA
PHOTO: AYUDA

 

Dear Ayuda Board of Directors and Advisory Council:

Today we announced our new Director of Legal Programs, Victoria Maqueda Feldman. Victoria’s commitment to justice and extensive experience in immigration law perfectly align with our mission to create a community where immigrants can thrive with dignity and hope.

Victoria has been an integral part of Ayuda’s work over the years, starting as a legal intern and eventually moving up through the ranks to Managing Attorney and Interim Legal Director. Our hiring process for the Legal Director role included 13 staff members from various teams, levels, and all 3 offices. Members of the hiring team were impressed with Victoria’s combination of hands-on collaboration and strategic vision, her exceptional team leadership skills, and her unwavering dedication to delivering excellent, client-centered services.

As we navigate the complexities of serving immigrant communities during a difficult political climate, Victoria’s leadership will be instrumental in steering our legal programs to address both emerging challenges and opportunities. We are confident that under Victoria’s guidance, Ayuda’s Legal Team will continue to excel in protecting the rights and dignity of those we serve.

Please our team in welcoming Victoria to her new role and congratulating her on this well-deserved appointment!

You can read our formal Ayuda statement on our website here, which will be included in our November newsletter out on Wednesday 11/20. I’ve copied the statement below as well.

##

Ayuda Welcomes Victoria Maqueda Feldman as Director of Legal Programs

Washington, D.C. (November 18, 2024) – Ayuda is proud to announce that Victoria Maqueda Feldman has been appointed as Ayuda’s Director of Legal Programs, bringing a wealth of experience and a deep commitment to immigrant communities.

In her new role, Victoria will oversee Ayuda’s legal programs across D.C., Maryland, and Virginia, including immigration, domestic violence, and family law services. She will also lead the organization’s pro bono and Project END initiatives, ensuring high-quality, culturally sensitive legal assistance for low-income immigrant populations.

“We are thrilled to have Victoria step into the role of Legal Director,” said Paula Fitzgerald, Ayuda’s Executive Director. “Her commitment to justice and extensive experience in immigration law perfectly align with our mission to create a community where immigrants can thrive with dignity and hope.”

Previously Ayuda’s Interim Legal Director and Virginia Managing Attorney, Victoria has a long history of transformative work at Ayuda, including serving as Supervising Attorney and Staff Attorney in the DC office and starting her journey at Ayuda as a legal intern. Her impactful career also includes a notable fellowship with the Santa Fe Dreamers Project in New Mexico.

She holds a J.D. from Georgetown University Law Center and a magna cum laude bachelor’s degree from Rutgers University. A proud daughter of Argentine immigrants and native Spanish speaker, she embodies Ayuda’s mission to support immigrant families.

“I am deeply honored to lead Ayuda’s incredible legal team,” said Maqueda. “Ayuda has been my legal home for the past seven years and together, we will continue advocating for justice and providing hope to those who need it most.”

For over 50 years, Ayuda has been a lifeline for immigrants in the D.C. area. Victoria’s leadership marks an exciting new chapter in advancing equity and opportunity for all.

For more information, visit www.ayuda.com/leadership.

Best,

Laura

pastedGraphic.png

 

Laura Trask*

DIRECTOR, DEVELOPMENT AND COMMUNICATIONS

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

Many congratulations and welcome Victoria! The whole “Ayuda Family” enthusiastically looks forward to supporting and working with you to save lives, advance due process, and insist on all humans in our midst being treated with dignity, respect, and in accordance with the rule of law!

Due Process Forever!

PWS😎

11-19-24

 

🔮 FREE WEBINAR FROM CORNELL LAW: IMMIGRATION REFORM IN 2025 What Is Possible? Wednesday, November 20, 2024, 1pm EST!

Immigration will be a key issue in the next administration. Join a panel of experts from the Cornell Law School immigration law and policy research program to learn what immigration laws and policies might change, both in the lame duck session and in 2025. 

 

The free webinar will be on Wed. Nov. 20 from 1-2 pm ET. To register, go to https://ecornell.cornell.edu/keynotes/overview/K112024/. Even if you can’t attend the webinar live, register to get the recording afterwards. 

 

The webinar is sponsored by the Cornell Migrations Initiative, the Cornell Population Center, the Cornell Jeb E. Brooks School of Public PolicyCatholic Charities Tompkins/Tioga Immigrant Services Program, and the Cornell Law School Migration and Human Rights Program.

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

Due Process Forever!

PWS😎

🇺🇸⚖️🗽🛡⚔️ ROUND TABLE AGAIN AIDS TRIUMPH FOR IMMIGRANT JUSTICE & DUE PROCESS! — ISSUE: Competency Determinations, Reid v. Garland, CA 2

🇺🇸⚖️🗽😎BRINGING HOPE 🙏& LIGHT💡: ROUND TABLE🛡️, NDPA ALL-STARS ✨HELP CA 2 👩🏽‍⚖️CORRECT YET ANOTHER TOTAL SCREW-UP BY GARLAND’S DOJ! — This time EOIR blew competency determination, couldn’t properly apply own precedents to achieve due process, fundamental fairness!🤯
CA2 on Competency Safeguards: Reid v. Garland

lexisnexis.com

🇺🇸⚖️🦸🏻‍♀️🛡⚔️ MANY CONGRATS TO ROUND TABLE’S🛡 HON. CECELIA M. ESPENOZA (D-4) (FORMER BIA APPELLATE JUDGE) ON HER LANDSLIDE VICTORY FOR COLORADO STATE HOUSE!!!

Cecelia M. Espenoza
Hon. Cecelia M.Espenoza
Former Appellate Immigration Judge, BIA
Source:
Denverdemocrats.org

DISTRICT 4:

Candidate Total Votes % Votes
Cecelia Espenoza (D)
20,806 80.5%
Jack Daus (R)
5,042 19.5%

 

SOURCE: AZCENTRAL.com

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You go, my friend and colleague! Thanks for running and for standing up for a better, fairer America! Building a “values based movement” starts at the “grass roots level.” You’re getting it done, Cecelia! 

Thanks, congrats again, and DPF,

PWS😎

11-06-24

Knightess
Mighty Knightess of the Round Table

💡 ON A TOUGH MORNING, REP. HILLARY SCHOLTEN (D-MI) PROVIDES A BRIGHT SPOT FOR “THE GOOD GUYS!”

Rep. Hillary Scholten (D-MI)

Creator: Ike Hayman
Credit: Ike Hayman
SOURCE: Wikipedia

Hillary’s statement from X:

I set out to build a new political home in West Michigan, and with this decisive victory, we’ve proven that what we made is built to last. It truly is a new day in West Michigan. It has been the honor of my lifetime to serve you in Congress, and I’m ready to get back to work.

News clip:

https://www.freep.com/story/news/politics/elections/2024/11/06/hillary-scholten-wins-reelection-in-3rd-congressional-district/76066501007/

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

Congrats, Hillary, you “bucked the trend!”

42-years-old, brilliant, practical, solution-focused, works well with others, dedicated to family, flipped a formerly GOP seat in 2020. As Dems examine the “carnage of 2022,” maybe it’s time to thrust this rising superstar 🌟 into a more prominent leadership role!

Congrats again and DPF!

PWS

11-06-24

 

🇺🇸⚖️🗽🎖️🙏🏽 THANK YOU PROFESSOR STEPHEN YALE-LOEHR: MY LETTER TO A FRIEND & AMAZING “PRACTICAL SCHOLAR” ON THE OCCASION OF HIS RETIREMENT FROM TEACHING!

Professor Stephen Yale-Loehr
Professor Stephen Yale-Loehr
Cornell Law

Dear Steve:

Congratulations again and my utmost appreciation for your absolutely stellar, four-decade, high-impact career in applied scholarship on immigration, human rights, and justice in America. Your influence, which I trust will continue unabated into retirement, has been a huge positive for our nation and our world.

As I previously mentioned, I am sorry that I will be unable because of previous commitments to celebrate in person or online with you and your many admirers at Cornell Law on November 8. But, I know it will be a “love-fest” whether in the form of “roast” or “conferring of regalia!”

You are the epitome of what I have termed the “practical scholar” — someone who uses creativity, extraordinary learning, and masterful command of a complex subject to solve problems, achieve actual results in the real world, inspire others, and produce positive trends. I have truly treasured our friendship and association going back over four decades to your time at Interpreter Releases, Immigration Briefings, and Federal Publications. We, of course, shared the mentorship of the late, great former BIA Chair and Editor of Interpreter Releases Maury Roberts, the friendship and professional association with the late Juan Osuna who played a major role in our respective careers, as well as our mutual association with Sue Siler who worked with me during my “Jones Day era.”

I assume that you recollect helping and encouraging me to set a “footnote record” with my article on employer sanctions for Immigration Briefings as well as our work together on some updates for your treatise Immigration Law & Procedure, and the now long in the past Federal Publications “holiday bashes” for authors and editors! 

Our friendship and association continued beyond my “private practice phase” into my tenure as BIA Chair and then into my “next chapter” at the “Legacy Arlington Immigration Court.” Following my retirement, I was delighted to accept your kind invitation to be part of the Berger International Programs Lecture Series at Cornell Law in March 2017. We also had a chance to strategize and talk about”applied law” with your wonderful Clinic students who were engaged in some really challenging and important cases!

Professors Jaclyn Kelley-Widmer & Steve Yale Loehr show off their “no ties look” at Cornell Law, March 2017.

I also appreciated having a chance to see your spectacular campus and to chat with you informally over meals.  Your book “Green Card Stories,” which you “gifted” to me at the time, eventually because one of the sources and inspirations for an adult enrichment class on a cultural anthropological and legal approach to American immigration history that I co-taught with my friend and colleague Dr. Jennifer Esperanza at Lawrence University’s Bjorklunden Seminars. 

No, it’s not the Tower of London, but the “Tower of Law” @ Cornell (not to be confused with the “Falls Church Tower”).
March 2017

Of course in addition to your many scholarly publications and Clinic successes, you have been a tireless presenter and public voice for truth, accuracy, scholarship, and humane solutions to thorny immigration and human rights issues at a time when myths, disinformation, and fear about these topics scandalously have become “normalized” in our political and media discourse. Indeed, I have “featured” your activities, including your heartfelt tribute to Juan Osuna, on my blog immigrationcourtside.com no less than 45 times (and I probably missed a couple)! I also greatly admire and appreciate you and others having the guts and integrity to “speak truth to power and set the record straight” even when powerful currents are pushing in the opposite direction.

Recently, I was happy to be able to share an evening with you and Amy during the DC Tribute Dinner for our mutual friend and inspiration Doris Meissner. I will also take full credit for shaming you into wearing a coat and tie to the function. After all, somebody has to maintain standards among the ranks of the New Due Process Army (“NDPA”).

In closing, thank thank you again, Steve, for your more than four decades of friendship, support, encouragement, scholarship, and unswerving commitment to using law as a tool for humane practices, due process, inspiring the younger generations, and overall making our nation and our world a better place! I wish you, Amy, and your family all the best in retirement and look forward to many years of continuing association in the cause of justice.

Congratulations again, due process forever, and best wishes, always,

Paul

⚖️🗽👍🏼 NDPA SUPERSTARS 🌟 MICHELLE MENDEZ & VICTORIA NEILSON AUTHOR A GREAT NEW IMMIGRATION COURT PRACTICE GUIDE FROM AILA!😎

Michelle N. Mendez
Michelle N. Mendez, ESQ
Director of Legal Resources and Training
National Immigration Project, National Lawyers Guild
PHOTO: NIPNLG
Victoria Neilson
Victoria Neilson
NDPA SUPERSTAR ATTORNEY
PHOTO: CLINIC

Michelle writes:

The American Immigration Lawyers Association has just released its first ever book on immigration court trial skills. The book is authored by my colleague Victoria Neilson and myself, and was reviewed by several retired immigration judges, including the Hon. Dana Leigh Marks. It grew out of a collaboration between the National Immigration Project and the National Institute for Trial Advocacy, through which we have been providing intensive trial skills training courses in the context of immigration court for several years.

We hope the book will become a go-to resource for immigrant defenders as they prepare for individual hearings and think through rules of evidence, trial strategy, and best practices for questioning, objections, closing arguments, and more.

The book is available for purchase as an e-book or print book. It will also be posted on AILALink in a couple of months.

https://www.aila.org/shop/products/view/trial-skills-for-immigration-court-a-practical-guide-to-effective-strategies-and-tactics

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

What an important and monumental contribution to “practical scholarship!”

I look forward to appearing with Michelle on an Immigration Court practice panel with Aimee Mayer-Salens & Sarah Owings at AILA New England in Boston this Friday, Nov. 8!

🇺🇸 Due Process Forever!

PWS😎

11-04-24

 

 

 

 

 

🇺🇸⚖️⚔️🛡 OUR ROUND TABLE MAKES A DIFFERENCE WELL BEYOND LITIGATION:  Practical, experienced, committed, generous former jurists continue to inspire the next generation of great NDPA lawyers and human rights advocates!😎👍

Powerful Force of Nature"
With lots of help from our friends, the Round Table has become a “Powerful Force of Nature,” carving out a spot for due process even along the most wild and rugged coasts!
PHOTO: PWS Maine Collection
Jeffrey S. Chase
“Our Fearless Leader,” Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Coordinator & Chief Spokesperson, Round Table of Former Immigration Judges

“Sir Jeffrey” Chase forwarded this note of appreciation from one of the all-star advocates who represented The Round Table in drafting an amicus brief:

You, Paul and the Roundtable played a central role in this decision.  Beyond the persuasive amicus brief, your group—along with . . . . —gave me the confidence to pursue the due process claim . . . .  Your advocacy is admirable and much needed; it also has an impact beyond just the individual cases you support as an amicus.  . . . . [T]his case has been one of the most impressive collaborative efforts I’ve had the opportunity to be involved with [in my decade of professional experience.]  Thank you again for your interest and support of this important case, as well as your work in this space more broadly.

This is also a great space to once again thank all of the top flight legal talent, law firms, NGOs, and legal clinics that have donated their time and talents pro bono to the cause of due process, equal justice for all, and advancing best practices. Indeed, you have “given us a voice” — one that has proved to have an outsized impact on our American justice system. 

Working with our wonderful  “partners in due process and professional excellence” has been a total joy and fulfilling career opportunity for each of us! We never, ever forget what we owe to your skill and generous donation of time, resources, and effort. Just as we are committed to insuring that all individuals appearing in Immigration Court — the essential “retail level” of our justice system — have a right to be heard, YOU have insured that WE will be heard — loudly and clearly for  a long time to come! Thank you again from the bottom. of our “collective hearts!”💕

Knightess
Knightess of the Round Table

 

 

 

🇺🇸Due Process Forever!⚖️🗽

PWS😎

10/30./24

 

🎖️🏆🦸🏻‍♀️ CMS HONORS NDPA SUPERHERO KAREN T. GRISEZ FOR HER LIFETIME DEDICATION TO HELPING THE MOST VULNERABLE, IMPROVING AMERICAN JUSTICE, & STANDING UP FOR DUE PROCESS & EQUAL JUSTICE FOR ALL!

 

 

REGISTER
The Center for Migration Studies is proud to present Karen T. Grisez Esq. with the Humanitarian Service Award, in recognition of her extraordinary commitment to the protection of migrants and refugees, impact and leadership in the practice of immigration law, and tireless dedication to justice. Ms. Grisez has served as Chair of the American Bar Association’s (ABA’s) Commission on Immigration, is a member of the Advisory Board of the ABA’s Immigration Justice Project in San Diego, and is a former co-chair of the ABA Section of Litigation’s Immigration Litigation Committee.
LEARN MORE ABOUT KAREN T. GRISEZ, ESQ.
Many Thanks to Our Generous Sponsors!
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The Center for Migration Studies (CMS) is a New York-based educational institute devoted to the study of international migration, to the promotion of understanding between immigrants and receiving communities, and to public policies that safeguard the dignity and rights of migrants, refugees, and newcomers. For more information, please visit www.cmsny.org.

Copyright © 2024 Center for Migration Studies, New York, All rights reserved.

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Center for Migration Studies, New York · 307 East 60th Street · New York, NY 10022 · USA

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

Well-deserved recognition!  Thanks for all your have done for due process in America, my friend!

Due Process Forever,

PWS😎

10-29-24

😎😎⚖️🗽📰 Dr. Triche Blog #1: Refugee Protection Resists Becoming the Weakest Link in Our Continuously Embattled “Rule of Law.”

 

😎😎⚖️🗽📰😎😎⚖️

Dr. Alicia Triche
Superlawyer, Co-Editor, immigrationcourtside.com
Memphis, TN

🗽📰

Featured cases:

Tista-Ruiz de Ajualip v. Garland, 114 F.4th 487 (6th Cir. 2024)

Al Otro Lado v. Mayorkas, ___ F.4th ___, 2024 WL 4551637 (Oct. 23, 2024).

 

MEANINGLESS WORDS. …It is almost universally felt that when we call a country democratic we are praising it: consequently the defenders of every kind of regime claim that it is a democracy, and fear that they might have to stop using that word if it were tied down to any one meaning… George Orwell, Politics and the English Language.

I draft this first Courtside during a pivotal moment in US History.  Readers can barely power up any screen, anywhere, without seeing dire warnings that the “rule of law” is on the ballot; that the “rule of law.”  Hangs on a string.  But, those who advocate for the integrity of US refugee law have seen that string threaten to come unraveled for almost a decade.  And in this first of blogs, I offer two unequivocal rays of hope.  In two of its most vulnerable places—possibly even the most unlikely of places—the fragile thread has endured; the rule of law has held fast.

When I reference this “rule of law,” I’m invoking the idea that “words are supposed to carry meanings,” and great “danger lies in straining a text beyond the outermost limits of its natural elasticity.”[i] When words lose meaning, we don’t have rule of law, we have rule of people, with all that implies. At its core, protection for US refugees is not people-based; it is statutory.  It is comprised not by executive or political policies, but in the words of the US Immigration and Nationality Act.  Yet, as the subject of “immigration” endures focus-glare equal to the Eye of Sauron, in a constant stream of press, litigation, and politicization, the legal nature of the words in the statute become ever more vulnerable to deterministic and bad-faith interpretation.

Because they involve some of the most controversial aspects of current immigration law—that is, the arrival and protection of the most vulnerable of the world’s refugees—the words at issue in today’s two cases are particularly vulnerable to political appropriation.  As seen in our first case, Tista-Ruiz de Ajualip, survivors of severe domestic violence seek protection from persecution on account of “membership in a particular social group,” which is referenced at INA Section 101(a)(42)(A).  The phrase originated in the 1951 United Nations Convention Relating to the Status of Refugees,[ii]  and it is well known among scholars that its definition was not meaningfully discussed during drafting history of the Convention.  Indeed, it was not until the final drafting phase, at the Geneva Conference, that the Swedish delegate, Monsieur Petren, proposed (without further explanation) that “membership of a particular social group” should be added to the definition of refugee.[iii]  The amendment did pass, but the transcriber of the summary records indicates no discussion whatsoever regarding what “particular social group” meant to the delegate who approved its addition.[iv]

This flexible nature of the language of “particular social group” has a good side, for it has made room for the phrase to be interpreted consistently with developing human rights norms, especially regarding the rights of women.  Our illustrious Courtside founder, when he was Chairman of the BIA, initiated the use of the phrase for gender-based protection in the landmark case Matter of Kasinga, 21 I&N Dec. 357 (BIA 1996).  As Judge Schmidt explains it, Kasinga constructed a PSG that the Board, sitting en banc, was willing to accept as a whole.  And, key to the case was the central tenet that “FGM can be a basis for asylum.”  21 I&N Dec. at 358.

Years later, after ongoing advocacy by Karen Musalo, Deborah Anker and others, PSG also became the vehicle through with the Board (in effect) ruled that severe domestic violence, when sufficiently unchecked by the State, may be a legitimate ground for asylum.  Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014).  But, especially in the domestic violence context, the case “law” regarding PSGs was vulnerable to an ongoing, seemingly endless parade of developing rules and “interpretations,” many of which seemed to defy the normal rules of logic.[v]  In 2018, the Board sacked refugee attorneys with an affirmative duty to articulate their PSGs—or lose them—in Matter of W-Y-C- & H-O-B-, 27 I&N Dec. 189 (BIA 2018).  This has led to attorneys regularly providing 5, 10 or even more “particular social groups,” in effort to provide the one an Immigration Judge might hook onto.  It has led to PSG formulations that might sound less than perfect, to put it mildly, such as the “Salvadoran women of childbearing age” proposition that unexpectedly led to the good result in Zometa-Orellana v. Garland, 19 F.4th 970 (6th Cir. 2021).  And, most importantly for this Blog, it has provided an opportunity for some executive adjudicators at EOIR to engage in decision making that arguably crosses the line from legal to political, divorcing too far from the words at hand, the words contained in the law itself.

This is why what the Sixth Circuit did a few weeks ago in Tista-Ruiz de Ajualip is so very remarkable.  The Court’s central holding is that the group “victims of domestic violence” does not, on its face, violate what’s known as the “circularity” rule.  The reasoning of the Court is what’s so remarkable, for it constitutes a strong assertion of integrity of the rule of law in the refugee context.  The Court holds that no PSG can be dismissed “in a perfunctory manner,” solely by looking at the words used in formulating it.  114 F.4th at 498. Invoking Zometa-Orellana’s emphasis on “international obligations”, the Court says that any PSG analysis must utilize an independent review of the record “as a whole”, including country conditions.  Id..

The case doubles down on what I (frankly) thought was the most vulnerable aspect of Zometa-Orellana v. Garland: that the point of a domestic-violence based adjudication is to comply with US “international obligations” to protect refugees (id. at 498) (italics in original (!)) The Court also repeats that failure to “exactly delineate a convoluted legal concept” (i.e., PSG), is not a grounds for denial of refugee protection (id. at 501), and that there is an “independent role” (read, power) for BIA and Immigration Judges to assess domestic-violence based claims consistently with international obligations—particularly during assessment of the proposed PSG. (id. at 500–502.)  In other words, the Court doubles down on the admonition that had already been implied in Zometa-Orellana: refugee law, is, law; the words contained therein are not to be used as a pretext to deny protection to domestic violence survivors who otherwise qualify as refugees under the CSR; and if the ”decision” being reviewed seems to do so, it will be reviewed, substantively, for signs of having crossed that line.

A final note for any advanced PSG practitioners who might be tuned in—there’s a good argument, in my opinion, that Tista-Ruiz can be invoked to assert that, as long as any one PSG is offered up in compliance with W-Y-C-/H-O-B-, , the IJ and/or the Board can delineate any cognizable group that it finds to exist on the record.  It’s worth remembering here that, in Kasinga, the PSG formulated by the Board, was “very similar to” but not the exact “formulation suggested by the parties.”  21 I&N Dec. at 365.

In these blogs, I do intend to stay in my own lane, which is individual removal defense.  But I can’t help noting that, as I went to press on this one, the Ninth Circuit also issued Al Otro Lado v. Mayorkas, ___ F.4th ___, 2024 WL 4551637 (9th Cir. 2024).  The case is a complex, substantial class-action suit that is deserving of its own individual treatment in another context.  But it also contains at least one prime example of a Court giving meaning to words.  The Ninth Circuit stood fast in the language and purpose of the INA, even in the context of border arrivals—the group in the hottest of flames under Sauron’s eye. Under INA Section 208(a)(1), any non-citizen “who arrives in the United States…may apply for asylum” under INA Section 208(a)(1).  In one of several controversial iterations of a “metering” program, Ports of Entry run by US Customs and Border Patrol had been sending arriving asylum seekers back into Mexico, claiming they had not yet “arrived” in the country.  The Ninth Circuit “conclude[d] that a noncitizen stopped by U.S. officials at the border is eligible to apply for asylum under” § 208(a)(1). Al Otro Lado v. Mayorkas, ___ F.4th ___, 2024 WL 4551637, *10 (Oct. 23, 2024)

One of the intrepid litigators of Al Otro Lado, Melissa Crow, issued a statement in reaction to the decision, and I will let her observations take us out:

“Our government has a legal duty to provide a fair and meaningful legal process to all people seeking safety at our border, no matter what. Border agents cannot arbitrarily turn people back to Mexico, a practice that violates our laws, exacerbates chaos at the border, and places refugees directly in harm’s way.”[vi]

 

[i] Ben Saul, Defining Terrorism in International Law 55 (2006) (citations omitted).

[ii] July 28, 1951, 189 U.N.T.S. 150.  The US is bound by Articles 2 through 34 as a party to the 1967 Protocol Relating to the Status of Refugees, Jan. 31, 1967, 19 U.S.T. 6224, 606 U.N.T.S. 267 (‘Protocol’).  A Convention refugee is a person who, “owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership in a particular social group or political opinion…is unable or…owing to such fear, is unwilling to return” home.  CSR Art. 1A(2).

[iii] Terje Einarsen, “Drafting History of the 1951 Convention and the 1967 Protocol”, in Andreas Zimmermann (ed), The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol: A Commentary 37, [52] (2011), citing UN Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons, Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons: Summary Record of the Twenty-second Meeting, 26 November 1951, A/CONF.2/SR.22, available at: http://www.refworld.org/docid/3ae68cde10.html [accessed 11 April 2016].

[iv] See id. at [52]-[54].

[v] See, e.g., Karen Musalo, A Short History of Gender Asylum in the United States: Resistance and Ambivalence May Very Slowly Be Inching Towards Recognition of Women’s Claims, Refugee Survey Quarterly, Vol. 29, No. 2 (2010); Blaine Bookey, Gender-Based Asylum Post-Matter of A-R-C-G-: Evolving Standards and Fair Application of the Law, 22 SW J. Intl. L 1, 4 (2016).  In addition, BIA decisions were and are subject to direct alteration by the Attorney General, and in 2018, Jeff Sessions blatantly attempted to end “claims pertaining to domestic violence or gang violence perpetrated by non-governmental actors” as a grounds for asylum.  Matter of A-B-I, 27 I&N Dec. 316, 310 (A.G. 2018), vacated, Matter of A-B-III-, 28 I&N Dec. 307 (A.G. 2021).

[vi] <https://ccrjustice.org/home/press-center/press-releases/ninth-circuit-upholds-rights-asylum-seekers-rules-metering> (accessed Oct. 27, 2024).

 

🍁🍂🌅 STEP INTO FALL WITH PHOTOS FROM “SIR JEFFREY” CHASE & ME!

“Sir Jeffrey” from NYC:

PWS from Boothbay Harbor, ME (Linekin Bay Side):

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DPF!

PWS

10-25-24

⚖️🗽😎 ROUND TABLE ⚔️🛡 ON WINNING TEAM AGAIN, AS 5TH CIRCUIT CHIDES GARLAND’S BIA FOR IGNORING REGULATIONS (AGAIN) IN LIFE OR DEATH CASE!

Star Chamber Justice
“Justice”
Star Chamber
Style

 

20-61134_Francois v. Garland Opinion

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Many congrats to all who worked on this multi-year, intensive, cooperative effort to achieve justice that should never, ever have gotten to this point IF EOIR and OIL were competently staffed and administered by Garland! Interesting, that even the most “conservative” Circuits often tire of the constant unprofessional, “deny protection for any reason” nonsense shoved at them by Garland’s DOJ. Perhaps, that’s a “basis for hope” as we appear to be moving into a wasteful “bipartisan political world of mindless and lawless restrictionism and denial of fundamental rights to migrants.” Here’s hoping for the best!

Due Process Forever!🇺🇸⚖️😎

PWS

10-24-24

 

 

😇🗽🇺🇸⚖️ NDPA ALERT⚠️ HELPING NEWLY ARRIVED ASYLUM SEEKERS IN THE NYC METRO AREA? — CHECK OUT THIS GREAT NEW RESOURCE FROM DOCUMENTED & THE INTERNATIONAL RESCUE COMMITTEE! — As Government Enters An Era Of “Bipartisan Planned Failure,” Conscious Ineptitude, & Chaos On Human Rights & Justice In America, NGOs, Localities, & Private Entities Must Continue To Step Up & Make the System Work, In Spite Of Itself!🤯🤬 

Helping Hand
A Helping Hand.jpg
Image depicts a child coming to the aid of another in need. Once we have climbed it is essential for the sake of humanity that we help others do the same. It is knowing that we all could use, and have used, a helping hand.
Safiyyah Scoggins – PVisions1111
Creative Commons Attribution-Share Alike 4.0
While some politicos and voters have abandoned Traditional Judeo-Christian values in favor of a cruel and demonstrably ineffective response to forced migration, the rest of us must hold true to our “better angels.”

IRC, Documented, launch resource platform for NYC asylum seekers and migrants: Documented.info

Legacy media has been providing service journalism focused on middle-class and wealthier communities for decades, and Documented is proud to bring this tradition of service journalism to low-income immigrant communities who have often been left out of the conversation.

Over the past year, Documented has been working with the International Rescue Committee to launch a digital platform called Documented.info (sneak peak link). This new digital platform is designed to provide asylum seekers and migrants in New York City with reliable, multilingual information covering everything from access to shelter and mental health resources, employment eligibility, and labor rights to how to navigate the asylum process and find legal support.

Anyone familiar with Documented knows that this is not a departure from how we’ve served immigrant readers since we launched in 2018. During the pandemic, it became clear that the immigrant community urgently needed practical, actionable information to address their concerns, whether about the legal system, government programs, or even basic necessities like where to find food. We received so many questions that it made sense to start documenting the answers we were giving.

This led to the creation of a collection of resource guides, explainers, and articles, all designed to address the questions we were being asked. To ensure accuracy and relevance, we collaborated with immigration lawyers, advocates, experts in the field, and individuals familiar with immigrant communities, allowing us to provide a comprehensive breakdown that directly addressed the communities’ needs.

Documented’s staff, including Rommel H. Ojeda, who’s our correspondent for Spanish-speaking communities, began interacting with readers and immigrant communities on Documented’s WhatsApp platform. He then began to populate Documented’s website with resources to help the immigrant and undocumented population in New York City find information about legal representation, financial relief, and more. That guide grew into a list of hundreds of helpful resources on our website, which consist of information about education, child care, employment, workers rights, finances, food aid, health, safety, housing, shelter, legal services, scams, and misinformation, to name a few.

“When New York City had asylum seekers coming in, we saw that a lot of the obstacles they were facing were also related to the guides that we had already created for migrants that were here five to 10 years before them,” Ojeda said. “I think just having this constant dialog with the community where we are answering their questions through experts, we’re also able to provide the guides to new people in the sense that we can send it to them as soon as they contact us. With this new partnership, we are able to continue doing that work, but on a larger scale.”

Documented.info addresses the unique challenges asylum seekers and immigrants — especially those from underserved backgrounds — face in navigating complex legal systems and services. Immigrants can message their questions to Documented.info via popular messaging platforms Whatsapp and Facebook Messenger. Journalists and experts respond — in English, Spanish, Haitian Creole, and French at launch — and share actionable resources, vetted services and original, targeted reporting. The platform aims to close critical information gaps, counter misinformation affecting immigrant communities and build trust.

“I’m pretty glad that we have the Haitian Creole version because we have thousands of newly arrived Haitian immigrants who came to New York, especially under the Humanitarian Parole Program,” said Ralph Thomassaint Joseph, Documented’s correspondent for non-Spanish-speaking Caribbean communities, who has been leading our engagement with communities on Nextdoor.

And there’s more. Continue reading on Documented to see what leaders at the International Rescue Committee and Documented have to say about the new Documented.info digital platform.

Have tips on furthering this story? Share your thoughts with us by responding to this email or sending us a message at earlyarrival@documentedny.com

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Many thanks to all the NDPA warriors involved in this wonderful cooperative effort. We need to be asking why our politicos and national governance is failing so miserably to face and promote the truth about asylum and other aspects of legal migration and to take actions for the common good, rather than squandering resources, promoting cruelty and lawlessness, and  “picking on the most vulnerable” to gain a perceived political upper hand?

Beyond that, we need to be planning NOW on how to prevent a repeat of this year’s utterly disgraceful, totally toxic, wrong-headed, badly misleading, and blatantly dishonest treatment of, and “non-dialogue” about, the immigration, human rights, and equal justice issues by politicos of both parties during this election season! This bogus dialogue was scandalously and unprofessionally parroted and aided by the “MSM!” 🤮 No matter who wins in November, we must strive to do better in the future — for everyone’s sake and for the good of our nation!🇺🇸⚖️🗽

Due Process Forever!⚖️🗽

PWS

🇺🇸⚖️🗽🏆🌟 HONOR ONE OF THE ALL-TIME GREAT “PRACTICAL SCHOLARS” OF IMMIGRATION LAW! — CELEBRATE 🥳 THE CAREER OF PROFESSOR STEPHEN YALE-LOEHR ON NOV 8 @ THIS SYMPOSIUM!👏🍻

Professor Stephen Yale-Loehr
Professor Stephen Yale-Loehr
Cornell Law


Good morning, everyone!

NOVEMBER 8, 2024 for a DAY-LONG EVENT in the Landis Auditorium Room 184 Myron Taylor Hall Cornell Law School.
To celebrate the career of Professor Stephen Yale-Loehr and his contributions to the field of immigration law.

“The (Im)possibility of Immigration Reform?,” will feature three panels and a light-hearted roast of Professor Yale-Loehr. Click HERE to view the agenda.

The conference will include lunch and a reception. Articles written for the conference will be published in a forthcoming issue of the Cornell International Law Journal.

REGISTER TODAY

If you haven’t already registered, please register to attend in person HERE. Space is limited and filling up fast as you can imagine.

Or click HERE if you can’t attend in person and would like to register for the webinar.

Thank you,

CENTERS & PROGRAMS TEAM

Administrative Assistant | Centers & Programs | Cornell Law School

260 Myron Taylor Hall | Ithaca, NY 14853

http://www.lawschool.cornell.edu

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Congrats, Steve, and “Due Process Forever!”

PWS

10-18-24