THE GIBSON REPORT — 04-30-18 – COMPILED BY ELIZABETH GIBSON, ESQ, NY LEGAL ASSISTANCE GROUP

THE GIBSON REPORT -04-30-18

THE GIBSON REPORT — 04-30-18 – COMPILED BY ELIZABETH GIBSON, ESQ, NY LEGAL A

TOP UPDATES

 

BIA Reopens Proceedings Sua Sponte for TPS Holder to Adjust Status

AILA: Unpublished BIA decision reopens proceedings sua sponte for TPS holder to adjust status before USCIS after returning on a grant of advance parole. Special thanks to IRAC. (Matter of Jeune, 5/15/17) AILA Doc. No. 18042431

 

Court Orders Trump Administration to Accept New DACA Applications — Ruling Stayed for 90 Days

ImmProf: Going beyond the injunctions entered by other district courts, Judge John D. Bates (D.D.C.) held in this ruling that the Trump administration must accept new Deferred Action for Childhood Arrivals (DACA) applications as well as requests for reauthorization.

 

US set to request five years of social media history for all visa applicants

ABC: The proposed new rule would require foreigners applying for a visa to include their social media usernames on various platforms including Facebook, Twitter, or Instagram, as well as previous email addresses, phone numbers, international travel — all from the last five years. The State Department, which filed a notice of the proposed change, estimates it will affect 14.71 million applicants, including those who apply as students, for business trips, or on vacation.

 

New Documents Reveal How ICE Mines Local Police Databases Across the Country

IJT: The software ingests local police databases, allowing users to map out people’s social networks and browse data that could include their countries of origin, license plate numbers, home addresses, alleged gang membership records, and more.

 

Top Homeland Security officials urge criminal prosecution of parents crossing border with children

WaPo: If approved, the zero-tolerance measure could split up thousands of families, although officials say they would not prosecute those who turn themselves in at legal ports of entry and claim asylum.

 

Federal officials lose track of nearly 1,500 migrant children

PBS: The Health and Human Services Department has a limited budget to track the welfare of vulnerable unaccompanied minors, and realized that 1,475 children could not be found after making follow-up calls to check on their safety, an agency official said.

 

Border officials tell people in ‘Stations of the Cross caravan’ it does not have room for them

Guardian: About 50 asylum seekers were allowed through a gate controlled by Mexican officials to cross a bridge but were stopped at the entrance to the US inspection facility at the other end. They were allowed to wait outside the building, technically on Mexican soil, without word of when officials would let them claim asylum.

 

Justice Department Will Not Halt Legal Orientation Program for Detained Immigrants, Reversing Course for Now

AIC: Just two weeks after the Department of Justice (DOJ) announced a suspension of the Legal Orientation Program (LOP), Attorney General Jeff Sessions testified today that DOJ will reverse course and continue the program—at least for now.…Sessions did not rule out attempting to end LOP in the future and noted DOJ would be conducting a cost effectiveness and efficiencies study.

 

ICE held an American man in custody for 1,273 days. He’s not the only one who had to prove his citizenship

LA Times: Since 2012, ICE has released from its custody more than 1,480 people after investigating their citizenship claims, according to agency figures. And a Times review of Department of Justice records and interviews with immigration attorneys uncovered hundreds of additional cases in the country’s immigration courts in which people were forced to prove they are Americans and sometimes spent months or even years in detention.

 

Department of Justice Ignores Its Own Evaluators’ Recommendations on Immigration Courts

AIC: The recommendations were made in an April 2017 Booz Allen Hamilton report commissioned by The Executive Office for Immigration Review (EOIR)—the agency that houses the immigration courts. The year-long analysis summarized in the report recommended steps to resolve inefficiencies in the immigration court system that have contributed to the courts’ ballooning caseload.

 

Trump Administration Seeks To Bar Immigrants with Disabilities

DisabilityScoop: Disability rights groups have raised concerns about the proposed changes and said that even though the proposal has yet to be adopted, it is already having an impact in the disability community…According to the draft document, the goal of the proposed changes would be to make sure those seeking a visa or residency would be self-sufficient and less likely to use public services. Those who may need such services are defined as a “public charge” in the proposal.

 

USCIS Explains Juvenile Visa Denials (scroll down after clicking link)

Politico: U.S. Citizenship and Immigration Services has denied roughly 260 applicants who sought special immigrant juvenile status based on guidance issued in February, spokesman Jonathan Withington told Morning Shift.

 

USCIS to Begin Using More Secure Mail Delivery Service

USCIS: U.S. Citizenship and Immigration Services (USCIS) announced today that the agency will begin phasing in use of the U.S. Postal Service’s (USPS) Signature Confirmation Restricted Delivery service to mail Green Cards and other secure documents beginning April 30, 2018.

 

LITIGATION/CASELAW/RULES/MEMOS

 

District Court Vacates Rescission of DACA Program, But Stays Vacatur Order for 90 Days

The district court judge issued an order vacating the decision to rescind DACA, requiring DHS to accept and process both new and renewal DACA applications. The court stayed its order of vacatur for 90 days. (NAACP v. Trump, 4/24/18) AILA Doc. No. 17091933

 

Oral Argument in Trump v. Hawaii/Travel Ban Case

ImmProf: Here is the audio to the oral arguments in the Supreme Court in the travel ban case (Trump v. Hawaii) this morning.  The transcript is here.  Reports(and here) see the Court as upholding the travel ban.  Amy Howe agrees in her recap of the argument.  Commentary is abundant.

 

Judge in case Sessions picked for immigrant domestic violence asylum review issued ‘clearly erroneous’ decisions, says appellate court

CNN: Newly released records now show that the case he handpicked, which involves a Central American woman fleeing domestic abuse from her ex-husband, comes from a judge who has been repeatedly rebuked by appellate judges for his multiple rejections of asylum claims from victims of domestic abuse.

 

BIA Reopens Proceedings Sua Sponte for TPS Holder to Adjust Status

Unpublished BIA decision reopens proceedings sua sponte for TPS holder to adjust status before USCIS after returning on a grant of advance parole. Special thanks to IRAC. (Matter of Jeune, 5/15/17) AILA Doc. No. 18042431

 

BIA Finds Arizona Statute Not a Firearms Offense

Unpublished BIA decision holds that misconduct involving weapons under Ariz. Rev. Stat. 13-3102(a)(1) is not a removable offense under INA §237(a)(2)(C) because it encompasses weapons other than firearms. Special thanks to IRAC. (Matter of Montes de Oca, 5/15/17) AILA Doc. No. 18042430

 

BIA Holds Arizona Aggravated DUI Not CIMT

Unpublished BIA decision holds that aggravated driving under the influence under Ariz. Rev. Stat. 28-1383(A)(1) is not a CIMT because statute applies to mere exercise of physical control over a vehicle. Special thanks to IRAC. (Matter of Rosas-Hernandez, 5/16/17) AILA Doc. No. 18042538

 

BIA Finds California Identity Theft Is Not a CIMT

Unpublished BIA decision holds that identity theft under Cal. Penal Code 530.5(a) is not a CIMT under Linares-Gonzalez v. Lynch 823 F.3d 508 (9th Cir. 2016). Special thanks to IRAC. (Matter of Nguyen, 5/16/17) AILA Doc. No. 18042633

 

BIA Upholds Bond to Respondent with Recent DUI Convictions

Unpublished BIA decision upholds grant of $10,000 bond to respondent convicted of DUI in 2016 in light of strong family ties to United States and wife who was seeking asylum and recently gave birth to a newborn. Special thanks to IRAC. (Matter of E-D-J-F-T-, 5/19/17) AILA Doc. No. 18042635

 

BIA Sustains DHS Appeal and Vacates IJ’s Grant of Asylum

The BIA found that DHS has the authority to file a motion to reconsider in Immigration Court and that an applicant in withholding of removal only proceedings subject to a reinstated order of removal pursuant to §241(a)(5) is ineligible for asylum. Matter of L-M-P-, 27 I&N Dec. 265 (BIA 2018) AILA Doc. No. 18042731

 

ICE Announces Woman Who Impersonated Attorney Sentences to Federal Prison

ICE announced that Jessica Godoy Ramos, who stole the identity of a New York attorney and filed immigration petitions on behalf of foreign nationals who believed she was a legitimate lawyer, was sentenced to 15 months in federal prison and ordered to pay restitution to 16 identified victims. AILA Doc. No. 18042436

 

ICE Announces Owner of Fraudulent School Sentences To Federal Prison

ICE announced that the owner of four schools in Koreatown in Los Angeles, who enrolled hundreds of foreign nationals who were not bona fide students, was sentenced to 15 months in federal prison and ordered to forfeit more than $450,000. AILA Doc. No. 18042536

 

DHS to Terminate TPS for Nepal on June 24, 2019

DHS announced that it will terminate the Temporary Protected Status (TPS) designation for Nepal on June 24, 2019. DHS determined that the country conditions have improved since the 2015 earthquake and subsequent aftershocks. Further details will be posted in the Federal Register. AILA Doc. No. 18042760

 

ACTIONS

 

 

RESOURCES

 

 

EVENTS

 

·             9/26/18 Representing Children in Immigration Matters 2018: Effective Advocacy and Best Practices

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Wow! So much happening! So much information! Thanks Elizabeth, as always!

PWS

04-30-18

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