THE GIBSON REPORT 03-26-18 — Compiled By Elizabeth Gibson, ESQ, NY Legal Assistance Group

THE GIBSON REPORT 03-26-18

TOP UPDATES

 

A.G. Sessions Declares War on Continuances: Matter of L-A-B-R-

Sessions has certified another BIA decision to himself. This time, he is looking at what constitutes ‘good cause’ to grant a continuance for a collateral matter to be adjudicated.”  (Note that the AIC Practice Advisory on Motions for a Continuance has already been updated to address this.)

 

Congress Reaches A Deal to Fund Government for the Year Without Solution for Dreamers

AIC: The legislation does include record levels of immigration enforcement, detention beds, and additional funds related to a border wall.

 

Growing Trend of Lawyers offering “Immigrant Protection Plans”

Tampa Bay Times: Here’s how the Immigrant Protection Plan works: Once an immigrant is arrested, their loved one can contact the program’s 24-hour hotline to contact a lawyer who will be assigned to the case… Several documents, including the lawyer’s notice of appearance and a motion for a bond hearing, will have already been completed and are ready to be filed.…. Clients also receive a laminated card with guidance on how to interact with ICE agents…. The program also identifies possible forms of relief. Clients fill out questionnaires every 60 days that the firm uses to evaluate whether a new solution, either a policy change or personal circumstance, has emerged in their case.

 

Mother in viral arrest video released from immigration detention [on bond]

Union-Tribune: Two videos of the arrest went viral several days later after a teacher of one of the daughters shared them on Facebook. After videos surfaced, Border Patrol said that agents targeted Morales-Luna “for being in the country illegally” and also said the agency suspected her of recruiting drivers for a transnational smuggling organization in East County.

 

USCIS Updates Webpage to Share More Accurate Processing Times

USCIS: U.S. Citizenship and Immigration Services (USCIS) today launched a pilot to test a redesigned processing times webpage that displays the data for all forms in an easier-to-read format and also tests a new way of collecting data and calculating the processing times for some forms.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Class Action Filed on Ending Obstacles for TPS Recipients Seeking Legal Permanent Residence

AIC: The lawsuit alleges that Defendants’ policy: Violates the Immigration and Nationality Act (INA) and Administrative Procedure Act (APA) because it refuses to recognize that TPS holders have been “inspected and admitted” for the purposes of adjudicating adjustment of status applications; and Causes Defendants to fail to perform a non-discretionary duty (finding that TPS holders have been inspected and admitted when adjudicating adjustment of status applications). Moreno v. Nielsen, 1:18-cv-01135 (E.D.N.Y., Feb. 22, 2018)

 

BIA Remands Record Due to Lack of Mam Interpreter

Unpublished BIA decision remands record because Mam-speaking respondent did not understand proceedings conducted through a Spanish interpreter. Special thanks to IRAC. (Matter of Ambrosio-Domingo, 5/12/17) AILA Doc. No. 18032231

 

CA2 Finds Failure to Inform Defendant of Immigration Consequences of Guilty Plea Was Not Harmless Error

The court held that the district court’s failure to inform the defendant of the potential immigration consequences of his guilty plea was not harmless error. The court vacated the judgment of the district court and remanded. (U.S. v. Gonzales, 3/13/18) AILA Doc. No. 18032000

 

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

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

 

CA7 Finds Mexican Petitioner Did Not Meet Burden to Establish Eligibility for Withholding of Removal or CAT Relief

The court denied the petition for review, finding that the petitioner did not meet his burden in establishing that he would be subject to future persecution or torture, and that he was thus not entitled to withholding of removal or relief under the CAT. (Cruz-Martinez v. Sessions, 3/14/18) AILA Doc. No. 18031931

 

CA7 Finds Lack of Jurisdiction to Review Whether Petitioner Waived Her Appeal Rights

The court dismissed the petition for review, finding that it lacked jurisdiction to review the question of whether the petitioner had waived her appeal rights. (Melesio-Rodriguez v. Sessions, 3/7/18) AILA Doc. No. 18031935

 

CA9 Finds Requirement to Accept Asylum Petitioner’s Testimony as True Where IJ and BIA Did Not Make Adverse Credibility Determination

The court granted the petition for review of the denial of asylum and withholding of removal, finding that because neither the IJ nor the BIA made an explicit adverse credibility determination, the court was required to accept the petitioner’s testimony as true. (Dai v. Sessions, 3/8/18) AILA Doc. No. 18031938

 

CA11 Finds That Petitioner’s Florida Cocaine Trafficking Conviction Was Not an Aggravated Felony

Relying on its recent decision in Cintron v. Attorney General, the court held that the petitioner’s conviction for trafficking in cocaine under Fla. Stat. §893.135(1)(b)1.c was not an aggravated felony and remanded the case to the BIA. (Ulloa Francisco v. Attorney General, 3/12/18) AILA Doc. No. 18031940

 

CA11 Finds Government Did Not Meet Burden to Show Asylum Petitioner Could Relocate Within China

In an unpublished opinion, the court remanded the case to the BIA, holding that the government did not meet its burden to show that the Chinese Christian petitioner could relocate within China to avoid persecution. Courtesy of Henry Zhang. (Shi v. Attorney General, 3/15/18) AILA Doc. No. 18032160

 

IJ Finds Respondent Established Persecution on Perceived LGBTI Identity

In an unpublished decision, the IJ granted the respondent’s application for asylum, finding he established that he suffered persecution on account of his perceived LGBTI identity and the Guatemalan government is unable to control his persecutors. Courtesy of Brian Blackford. AILA Doc. No. 18032232

 

ICE Announces Texas Man Sentenced to Three Years in Prison for Defrauding Immigrants

ICE announced that Alejando Gurany-Navarro, of El Paso, Texas was sentenced in U.S. District Court to three years in prison and three years of supervised release for his scheme to defraud individuals seeking immigration benefits, by claiming he could provide legal status for a fee. AILA Doc. No. 18032032

 

NLRB ALJ Orders Compensation and Reclassification as Employees for Immigration Court Interpreters

The National Labor Relations Board ruled that SOS International, under contract with DOJ to provides the vast majority of interpreters in immigration courts nationally, illegally retaliated against some of the interpreters for organizing and must offer them reinstatement and back pay. AILA Doc. No. 18032132

 

White House Release Fact Sheet on Sanctuary Cities

The White House released a fact sheet with President Trump’s critiques of sanctuary cities. AILA Doc. No. 18032238

 

ACTIONS

 

  • Tahirih Justice Center: Organizational Sign-on Letter re Matter of A-B-: We ask that your organization sign the letterby March 30 to help us ensure that DHS files a brief that is consistent with its prior positions. The text of the letter can be reviewed here. As you know, the Attorney General has certified the case Matter of A-B- to himself and is now reconsidering key elements of asylum law. It appears that the AG may seek to do away with asylum protection for survivors of domestic violence. However, because of the way the question is framed in the certification notice, it is possible that asylum based on persecution such as female genital mutilation/cutting and trafficking, and asylum based on persecution on grounds such as religion and sexual orientation could also be severely limited by this decision. Also, Please take action by signing and sharing this Change.org petition.

 

 

 

 

 

 

 

RESOURCES

 

 

EVENTS

 

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Get the complete report at the above link. Thanks so much, Elizabeth!

PWS

03-27-18

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