TOP UPDATES
Sessions Ends Administrative Closure at the Expense of Due Process in Immigration Court
AIC: Altering decades of practice in immigration court and placing immense pressure on an overburdened immigration court system, Attorney General Jeff Sessions issued a decision in an immigration case on Thursday declaring immigration judges do not have general authority to administratively close cases.
Report: Swept up in the Sweep: The Impact of Gang Allegations on Immigrant New Yorkers.
NYIC: Through an extensive field study, the report shows how Immigration and Customs Enforcement (ICE), with other federal agencies and law enforcement, uses arbitrary methods to profile immigrant youth of color to allege gang affiliation.
Criminal justice reform would protect immigrants from deportation
City&State: [M]ore can and should be done to defend New Yorkers from ICE detention and deportation, especially in the realm of criminal justice reform. Studies indicate immigrants are generally more law-abiding than the general public, but even traffic stops or arrests on low-level charges that are later dismissed can cause serious harm to immigrants, as arrest fingerprints collected by the NYPD are shared with the federal government, putting them on ICE’s radar and at risk of indefinite detention and deportation.
Trump administration preparing to hold immigrant children on military bases
WaPo: According to an email notification sent to Pentagon staffers, the Department of Health and Human Services (HHS) will make site visits at four military installations in Texas and Arkansas during the next two weeks to evaluate their suitability to shelter children. See also Dem plans amendment to block Trump from using military bases to house undocumented minors separated from parents.
The Border Patrol Is Undercounting How Many People Perish While Crossing the Border
New reports reveal there is a significant discrepancy between what the Border Patrol officially claims, and the numbers provided by multiple independent news agencies and advocates. By some accounts, the death toll in some border states is 60 percent higher than what the agency is reporting.
California rebukes Trump with health care push for immigrants
Politico: California is poised to become the first state in the nation to offer full health coverage to undocumented adults even as the Trump administration intensifies its crackdown by separating families at the border.
Her Husband Beat Her and Raped Her. Jeff Sessions Might Deport Her.
NYT Op-Ed: In recent years, the United States has been something of a beacon of hope for women fleeing violence and persecution in their home countries. In 2014, in a giant step forward, immigration courts explicitly determined that a person fleeing severe domestic violence may be granted asylum here if the violence rises to the level of persecution, if the government in the victim’s home country cannot or will not punish her abuser and if various other criteria are met. It’s a high bar but one that, sadly, women from many countries can clear. Now their last chance at protection may be under threat.
New ‘zero tolerance’ immigration crackdown fills border courts
LA Times: Border Patrol caught more than 100,000 people illegally crossing the U.S.-Mexico border in March and April, the highest monthly totals since Trump was elected. Families with children and unaccompanied minors increased from 10% of undocumented migrants detained five years ago to 40% now.
Sending Even More Immigrants to Prison
Marshall Project: A Marshall Project analysis of 17 years of federal prison sentences shows that violations of immigration law already constitute the largest category of offenses in the border districts—even more than drug trafficking. Nationally, of the nearly 60,500 people sentenced to federal prison in the last fiscal year, more than 30 percent were convicted of immigration offenses, which can include “illegal re-entry” or people-smuggling.
While You Were Offline: Wait, John Kelly Said What?
Wired: In an unequivocal interview, John Kelly told NPR immigrants were “not people that would easily assimilate into the United States, into our modern society. … speaking about the potential separation of children from their families by immigration officials, Kelly said, “the children will be taken care of—put into foster care or whatever.”
Republican leaders search for a path amid immigration civil war
CNN: The House speaker gathered together a group of Republican thought leaders on immigration and border security and gave them a mission: agree on something. They couldn’t. Almost exactly eight months later, on Friday, he stood in the back of the House floor, resting his chin on his hand and leaning against a rail as he watched an unrelated farm bill — which would have achieved one of his legacy goals of welfare reform — go down in flames, a casualty of the still-unresolved immigration debate.
ORR request for the use of emergency processing procedures for OMB approval of its revised “Sponsorship Review Procedures for Approval for Unaccompanied Alien Children” information collection. ORR also seeks public comment, with comments due within 60 days. (83 FR 22490, 5/15/18) AILA Doc. No. 18051531
Senate Democrats Urge Appropriators to Protect Pregnant Women from ICE Detention
On 4/27/18, Senators Kamala Harris (D-CA) and Catherine Cortez-Masto (D-NV) led an effort to increase oversight of ICE’s detention practices and policies, including language that would require the release of pregnant women apprehended by or transferred to ICE. Sixteen senators signed the letter. AILA Doc. No. 18051634
Practice Alert: Delayed Issuance of I-751 Receipt Notices by California Service Center (CSC)
AILA members have reported that they have not received receipt notices for I-751s filed with the CSC since the beginning of April 2018. In response to AILA reaching out to report the issue, the CSC has confirmed the delay, but that individuals should begin to see receipt notices very soon. AILA Doc. No. 18051731
LITIGATION/CASELAW/RULES/MEMOS
Supreme Court Vacates and Remands 16 Cases for Further Consideration in Light of Sessions v. Dimaya
ImmProf: [T]he U.S. Supreme Court [last week] granted certiorari, vacated the lower court rulings, and remanded 16 separate cases impacted by its April ruling in Dimaya v. Sessions, which found that part of how a “crime of violence” is defined in immigration law for purposes of deporting noncitizens is unconstitutionally vague.
Attorney General Holds IJs and the BIA Have No General Authority for Administrative Closure
In a case he had previously referred to himself for review, the attorney general held that IJs and the BIA have no general authority for administrative closure. Matter of Castro-Tum, 27 I&N Dec. 271 (A.G. 2018) AILA Doc. No. 18051749
CA2 Holds That Petitioner With Stay of Removal Is Not Held Pursuant to INA §241
The court held that when a stay of removal has been issued by the circuit court, an immigrant is not held pursuant to INA §241 because he or she is not in the “removal period” contemplated by the statute until his or her appeal has been resolved. (Hechavarria v. Sessions, 5/16/18) AILA Doc. No. 18051760
CA2 Holds New York First-Degree Bail Jumping to Be an Aggravated Felony
The court held that the petitioner’s conviction for bail jumping in the first degree under New York Penal Law §215.57 was an aggravated felony under INA §101(a)(43)(T). (Perez Henriquez v. Sessions, 5/8/18) AILA Doc. No. 18051761
The court denied the petition for review, holding that an individual subject to a reinstated order of removal may not apply for asylum, even when the factual basis for the asylum claim did not exist prior to the original removal. (Lara-Aguilar v. Sessions, 5/2/18) AILA Doc. No. 18051730
The court held that the BIA erred both in requiring the asylum petitioner to prove past persecution to establish a claim based on a well-founded fear of future persecution and in recharacterizing the petitioner’s claimed social group. (Cabrera v. Sessions, 5/7/18) AILA Doc. No. 18051733
The court found that the Supreme Court’s decision in Esquivel-Quintana v. Sessionsestablished an age requirement that rendered the Texas statute under which the petitioner was convicted of online solicitation of a minor overbroad. (Shroff v. Sessions, 5/15/18) AILA Doc. No. 18051741
The court held that in dismissing the petitioner’s appeal from the IJ’s decision denying his application for deferral of removal under the Convention Against Torture, the BIA erred by failing to make an adequate inquiry into his near-escapes from the MS-13 gang. (Perez v. Sessions, 5/2/18) AILA Doc. No. 18051742
CA7 Finds Petitioner Did Not Submit Sufficient Evidence of Changed Country Conditions in Indonesia
The court denied the petition for review, finding that the petitioner did not submit sufficient evidence to show changed country conditions in Indonesia in order to qualify for an exception to the 90-day limit for filing a motion to reopen removal proceedings. (Yahya v. Sessions, 5/3/18) AILA Doc. No. 18051745
The court held that the petitioner’s North Dakota conviction for unlawful entry into a vehicle was an aggravated felony under INA §101(a)(43)(U) because the unlawful entry was a substantial step toward committing a theft. (Ahmed v. Sessions, 5/15/18) AILA Doc. No. 18051746
The court held that the BIA’s interpretation of the 10-year physical presence requirement for NACARA cancellation of removal for applicants inadmissible on certain criminal grounds as running from the most recent disqualifying conviction was reasonable. (Campos-Hernandez v. Sessions, 5/2/18) AILA Doc. No. 18051747
The court held that the BIA erred by holding that INA §241(a)(5) deprived the immigration court of jurisdiction to resolve the petitioner’s motion to reopen removal proceedings based on lack of notice of the removal order entered against her. (Miller v. Sessions, 5/8/18) AILA Doc. No. 18051748
CA9 Holds Petitioner’s Complaints of Poor Memory Insufficient to Show Mental Incompetency
The court held that the petitioner’s complaints of poor memory, without evidence of an inability to understand the nature and object of the proceedings, were insufficient to show mental incompetency. (Salgado v. Sessions, 5/8/18) AILA Doc. No. 18051800
BIA Reopens Proceedings Based on Unpublished BIA Decision
Unpublished BIA decision reopens proceedings following submission of unpublished decision that found 35 Pa. Cons. Stat. 78-113(a)(30) not to be an aggravated felony drug trafficking crime. Special thanks to IRAC. (Matter of Watkins, 6/9/17) AILA Doc. No. 18051641
BIA Reopens and Terminates Proceedings Because Conviction Was No Longer an Aggravated Felony
Unpublished BIA decision reopens and terminates proceedings sua sponte where conviction for embezzlement under Va. Code 18.2-111 was neither an aggravated felony theft nor fraud offense. Special thanks to IRAC. (Matter of Mattis, 6/11/17) AILA Doc. No. 18051642
USCIS to Recall Incorrectly Dated Green Cards
USCIS announced that on 5/14/18 it will begin recalling approximately 8,543 green cards issued to recipients of approved I-751 petitions for spouses of U.S. citizens due to a production error. Affected cards were mailed between February and April 2018. USCIS will notify the affected individuals. AILA Doc. No. 18051530
USCIS updated guidance in the USCIS Policy Manual on adjustment of status interviews, including updating the list of the types of cases in which USCIS might waive the interview by removing employment-based and fiancé(e)-based adjustment cases from the list. AILA Doc. No. 18051636
President Trump Delivers Remarks on California Sanctuary State Laws
President Trump delivered remarks critical of California’s sanctuary state laws at a roundtable event.
AILA Doc. No. 18051737
ICE Has Missed Two Detention Reporting Deadlines Set by Congress in March
AILA joined other organizations calling on congressional appropriators to hold ICE accountable for violations of congressionally imposed transparency obligations in the ever-expanding immigration detention system. AILA Doc. No. 18051738
DHS Privacy Impact Assessment Update for the Electronic Health Records (eHR) System
DHS published an update to its 2013 Privacy Impact Assessment (PIA) of the Electronic Health Records (eHR) system used to maintain health records on individuals in ICE detention. It describes a new online Patient Medical Record Portal, whereby former detainees can access a copy of their records.
AILA Doc. No. 18051744
RESOURCES
- Swept Up in the Sweep: The Impact of Gang Allegations on Immigrant New Yorkers
- Bite-Sized Ethics: Choosing Between Loyalty and Lying
- Resources on Case Relating to Definition of “Crime of Violence”
- Think Immigration: Hope for Moms in Detention
- Ethical Considerations in Declining Representation
- Confused About the Current Status of DACA? Here Is What You Need to Know
- Población Garífuna: Migrantes Forzados
- Resource for tracking down A#s of detained clients
EVENTS
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5/21/18Effect of Jennings v. Rodriguez Decision on Detainee Advocacy
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5/22/18Could Third-Country Citizenship Be Your Client’s Best Option?
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5/22/18 CLINIC:Four-Part Asylum Series: Overview of Asylum and Related Relief
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5/30/18 Challenging Conditions of Release and Creative Uses of Habeas
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5/31/18 3rd Annual Iftar in the City
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5/31/18 Immigration Court Practice
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6/5/18 CLINIC:Four-Part Asylum Series: Overview of Asylum and Related Relief
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6/7/18Strengthening the Global Refugee Protection System: The Global Compact on Refugees
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6/11/18Protecting Immigrant Youth from Gang Violence & the Deportation Machine
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6/12/18 CLINIC:Four-Part Asylum Series: Overview of Asylum and Related Relief
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6/13-16/18 2018 AILA Conference
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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
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7/1-3/18 National Institute for Trial Advocacy & CLINIC Training in Boulder, CO
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9/26/18Representing Children in Immigration Matters 2018: Effective Advocacy and Best Practices
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Thanks, Elizabeth!
PWS
05-23-18