TOP UPDATES
Annual DOS Country Reports on Human Rights Practices
- DOS Remarks on the Release of the 2017 Country Reports on Human Rights Practices
- Press Briefing on the Release of the 2017 Country Reports on Human Rights Practices
QUESTION: And when the State Department is talking about this represents our values as Americans, the removal of sections on women’s reproductive rights – why is that not included in values as Americans?
AMBASSADOR KOZAK: There’s still a long section on women. And by the way, if you look elsewhere in the report, I mean, women are also activists, are also journalists. There are – yeah.
Interactive game simulating asylum detention and backlogs by ProPublica and WNYC: The U.S. is supposed to be a safe haven for people fleeing persecution. But asylum-seekers face years of uncertainty when they arrive.
Immigration Court Cases Now Involve More Long-Time Residents
TRAC: The latest available data from the Immigration Court reveals a sharp uptick in the proportion of cases involving immigrants who have been living in the U.S. for years. During March 2018, for example, court records show that only 10 percent of immigrants in new cases brought by the Department of Homeland Security had just arrived in this country while 43 percent had arrived two or more years ago.
Hundreds of Immigrant Children Have Been Taken From Parents at U.S. Border
NYT: [N]ew data reviewed by The New York Times shows that more than 700 children have been taken from adults claiming to be their parents since October, including more than 100 children under the age of 4.
Intercept: 1,224 Complaints Reveal a Staggering Pattern of Sexual Abuse in Immigration Detention. Half of Those Accused Worked for ICE.
Congress members investigating improper politicization of IJ and BIA hiring
Joint letter: Our offices recently received information alleging that the Department of Justice has targeted multiple candidates for immigration judge or BIA positions based on their perceived political or ideological views.
ICE Issues Updated Guidance on the Detention and Removal of Undocumented Parents or Legal Guardians
ICE issued updated guidance regarding the detention and removal of undocumented parents and legal guardians of a minor child(ren), to include those who have a direct interest in family court or child welfare proceedings in the United States. Guidance superseded August 2013 parental interests memo. ICE states that it is intended to complement the detention standards and policies that govern the intake, detention, and removal of undocumented parents or legal guardians. AILA Doc. No. 18042302.
A Rule Is Changed for Young Immigrants, and Green Card Hopes Fade
NYT: Under the new interpretation, the United States Citizenship and Immigration Services said that applicants in New York who were over 18, but not yet 21, when they began the application process no longer qualify.
ICE Memo on ERO Support of the EOIR’s Legal Orientation Program
The Washington Post obtained an ICE memo with guidance on best practices in support of EOIR’s Legal Orientation Program (LOP), stating that LOP attendees “… complete their cases faster than detainees who have not received LOP” and includes a list of the 37 ICE facilities where LOP operates. AILA Doc. No. 18041845
Trump orders DHS not to let immigrant caravans into US
Hill: President Trump said Monday he’s ordered the Department of Homeland Security (DHS) to turn away “caravans” of immigrants attempting to enter the U.S. through the southern border.
ICE arrests 225 during Operation Keep Safe in New York
ICE: Officers from U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) arrested 225 during a 6-day period, ending Apr. 14 in New York City, Long Island and the Hudson Valley. See also Governor Cuomo Concerned With Increase In Ice Raids In State Of New York.
Update to Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant; New Edition Dated 04/12/18
LITIGATION/CASELAW/RULES/MEMOS
Supreme Court Rules That Language Defining “Crime of Violence” Is Unconstitutionally Vague
The Supreme Court affirmed the Ninth Circuit’s judgment that the language in 18 USC §16(b), as incorporated into the INA, that defines a “crime of violence” is unconstitutionally vague. (Sessions v. Dimaya, 4/17/18) AILA Doc. No. 18041731
- DHS Statement on Sessions v. Dimaya
SCOTUS to Hear Arguments on When Time Stops Cutting off Cancellation of Removal Eligibility
ILW: Today the Supreme Court will hear arguments on the case of Pereira v. Sessions. The question presented is: “Whether, to trigger the stop-time rule by serving a“notice to appear under section 1229(a),” the government must “specify” the items listed in § 1229(a)’s definition of a “notice to
Supreme Court to Hear Oral Arguments (Finally) in “Travel Ban” Case
ImmProf: On April 26, the Supreme Court will hear oral argument in Trump v. Hawaii, the “travel ban” case.
Trump Administration Loses Another “Sanctuary” Case
ImmProf: The U.S. Court of Appeals for the Seventh Circuit upheld the district court injunction against the Department of Justice’s effort to deny federal funding to so-called “sanctuary cities” — those local jurisdictions that refuse to cooperate in federal immigration enforcement.
appear,” including “[t]he time and place at which the proceedings will be held.”
Canadian Lawsuit Challenges the United States’ Designation as a Safe Country for Asylum Seekers
AIC: [T]his lawsuit—filed by the Canadian Council for Refugees, the Canadian Council of Churches, Amnesty International, and affected individuals—argues that current U.S. policies and practices put asylum seekers at risk of refoulment and violate their human rights.
Southern Poverty Law Center Challenges Private Immigrant Detention
ImmProf: Conditions in Georgia Detention Center: Immigrants Forced to Labor for $1 a Day, No Toilet Paper.
Iranian Religious Minorities File Class Action Suit Challenging Denials of Lautenberg-Specter Refugee Applications
Plaintiffs, Iranian religious minorities who applied for refugee admission under the Lautenberg-Specter program and their U.S.-based family members, filed a class action suit challenging the denials of their applications without sufficient explanation. (Doe 1 et al. v. Nielsen, 4/18/18) AILA Doc. No. 18042009
BIA Finds Forcible Gang Recruit Did Not Commit Serious Nonpolitical Crime
Unpublished BIA decision reverses finding that respondent committed a “serious nonpolitical crime” by delivering drugs and extortion money at the behest of a gang as a 12-year-old homeless child. Special thanks to IRAC. (Matter of C-H-C-, 5/4/17) AILA Doc. No. 18042003
BIA Rescinds In Absentia Order Against Respondent Who Provided Relative’s Address
Unpublished BIA decision rescinds in absentia order stating that respondent did not waive his right to notice of the hearing by listing the address of an uncle with whom he was not residing. Special thanks to IRAC. (Matter of Mata-Siciliano, 5/11/17) AILA Doc. No. 18042004
BIA Finds § 646.9 of the California Penal Code Is Not “Crime of Stalking”
The BIA sustained the appeal and ruled that the offense of stalking in violation of §646.9 of the California Penal Code is not “a crime of stalking” under INA §237(a)(2)(E)(i). Matter of Sanchez-Lopez, 27 I&N Dec. 256 (BIA 2018) AILA Doc. No. 18042007
CA3 Holds Possession of Child Pornography Under 18 Pa. Cons. Stat. §6312(d) Is a CIMT
The court denied the petition for review, applying the categorical approach to hold that the petitioner’s Pennsylvania conviction for possession of child pornography under 18 Pa. Cons. Stat. §6312(d) was a crime involving moral turpitude (CIMT). (Moreno v. Attorney General, 4/9/18) AILA Doc. No. 18041640
CA7 Upholds District Court’s Injunction Against Immigration Enforcement Conditions on Byrne JAG Funds
The court issued an opinion upholding the district court’s 9/15/17 nationwide preliminary injunction against the “notice” and “access” conditions on Byrne JAG funds. (Chicago v. Sessions, 4/19/18) AILA Doc. No. 18041903
CA8 Upholds Denial of I-751 Petition
The court denied the petition for review, holding that substantial evidence supported the IJ’s and the BIA’s findings that DHS met its burden to show that the petitioner and her late husband did not intend to establish a shared life at the time of their marriage. (Sagoe v. Sessions, 4/5/18) AILA Doc. No. 18041641
CA9 Holds That BIA Erred by Retroactively Applying Matter of Diaz-Lizarraga to Petitioner
The court granted the petition for review and remanded the case to the BIA, holding that the BIA erred in applying Matter of Diaz-Lizarraga retroactively to the petitioner. (Garcia-Martinez v. Sessions, 4/9/18) AILA Doc. No. 18041644
CA9 Vacates BIA’s Decision in Matter of G-G-S-
The court vacated the BIA’s published decision in Matter of G-G-S-, holding that its finding that an applicant’s mental health is not a factor to be considered in a “particularly serious crime” analysis was not entitled to Chevron deference. (Gomez-Sanchez v. Sessions, 4/6/18) AILA Doc. No. 18041645
USCIS Updates Its Policy Manual Regarding Acquisition of U.S. Citizenship for Children Born Out of Wedlock
USCIS issued guidance in the USCIS Policy Manual to clarify certain requirements for acquisition of U.S. citizenship for children born outside the United States and out of wedlock under INA § 301 and 309. USCIS is making conforming edits to the USCIS nationality charts. Comments are due by 5/1/18. AILA Doc. No. 18041833
GAO Issued Testimony for Senate Subcommittee on Immigration Courts
The GAO issued testimony for the Senate Judiciary subcommittee on Border Security and Immigration hearing on immigration courts with scenarios for restructuring EOIR’s immigration court system and how EOIR manages and oversees the immigration courts, including hiring and performance assessment. AILA Doc. No. 18042000
GAO Issued Report on Opportunities to Improve Cost Estimates in Immigration Detention
The GAO issued a report examining how ICE formulates its budget request for detention resources, how ICE develops bed rates and determines ADP for use in its budget process, and to what extent ICE’s methods for estimating detention costs follow best practices. AILA Doc. No. 18042001
ACTIONS
- AILA: Call for Examples: Impact of DACA Rescission
RESOURCES
- Practice Advisory on the Second Circuit’s recent decision in Obeya v. Sessions and challenging CIMT theft offense removability charges and retroactivity
- AILA Resources on Case Relating to Definition of “Crime of Violence”
- AILA Podcast: Cases Of Early Termination—Financial Conflicts & Ethical Issues
- EOIR Phone Directory for NYC (attached)
- Draft analyzed: USCIS to Propose Radical Changes to Public Charge Definition
EVENTS
- 4/25/18African Immigrant Heritage Day at New York Public Library
- 4/26/18 Replying to Ridiculous RFEs in Family-Based Cases: Alice in Wonderland
- 4/30/18 Working with Immigrants: The Intersection of Basic Immigration, Housing, and Domestic Violence Issues in California 2018 (Free)
- 4/30/18 The Sanctuary Symposium – Moderated by Juan González
- 5/3/18 Waivers in the Trump Administration
- 5/4/18ABA Panel May 4: Evaluating the Immigration Court System
- 5/8/18A Decade of Advancing Immigrant Representation 6.5 CLE
- 5/9/18 Prolonged Detention II
- 5/15/18What’s New at Ciudad Juarez?
- 5/16/18Mental Health Issues & the New York State Courts 2018: Why Trauma Matters to Judges and Lawyers
- 5/18/18IJC 10 Year Anniversary Convening
- 5/24/18Bond and Enforcement Priorities
- 5/30/18 Challenging Conditions of Release and Creative Uses of Habeas
- 6/13-16/18 2018 AILA Conference
- 6/16/18 Open Mic: Writing on Race & Immigration
- 6/20/18 Leadership and Advocacy Training (LAT)intended for emerging advocates from Southeast Asian American and ally communities to learn how to advocate effectively for policy change – Apply by February 28
- 7/1-3/18 National Institute for Trial Advocacy & CLINIC Training in Boulder, CO
- 7/26/18 Defending Immigration Removal Proceedings 2018
· 9/26/18 Representing Children in Immigration Matters 2018: Effective Advocacy and Best Practices
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As always, thanks Elizabeth, for all you do!
PWS
04-23-18