THE GIBSON REPORT – 09-04-18 – COMPILED BY ELIZABETH GIBSON, ESQ, NY LEGAL ASSISTANCE GROUP

TOP UPDATES

 

BIA Distinguishes Pereira and Dismisses Respondent’s Appeal

The BIA found that a notice to appear without specific time/place of initial removal hearing still vests an IJ with jurisdiction over the removal and meets INA requirements, so long as a notice of hearing with this information is later sent. Matter of Bermudez-Cota, 27 I&N Dec. 441 (BIA 2018) AILA Doc. No. 18083137

 

Texas judge says he’ll likely kill DACA — but not yet

CNN: Texas-based District Judge Andrew Hanen wrote Friday that he believes DACA is likely illegal and ultimately will fail to survive a challenge before his court…But despite that — and despite finding that the continuation of DACA could harm the eight states and two governors who challenged the program — Hanen decided not to issue a ruling that would have immediately blocked DACA’s continuation.

 

U.S. is denying passports to Americans along the border, throwing their citizenship into question

WaPo: he government alleges that from the 1950s through the 1990s, some midwives and physicians along the Texas-Mexico border provided U.S. birth certificates to babies who were actually born in Mexico… Based on those suspicions, the State Department during the George W. Bush and Barack Obama administrations denied passports to people who were delivered by midwives in Texas’s Rio Grande Valley… But under President Trump, the passport denials and revocations appear to be surging, becoming part of a broader interrogation into the citizenship of people who have lived, voted and worked in the United States for their entire lives.

 

Will Trump’s biometric entry-exit system be as controversial as his travel ban?

The Hill: Unlike the travel ban, which just applied to aliens seeking admission to the United States, Trump’s biometric entry-exit tracking system will apply also to American citizens. The facial recognition technology that the system uses to identify travelers leaving the country will be used to identify American citizens too, unless they request an alternative means of verifying their identities.

 

Hundreds of separated children not reunited amid slow progress

CNN: There are still roughly 700 children who were separated from their parents at the border and have not been reunified with those parents by the Trump administration, as new court filings reveal the slow pace of reuniting the trickiest family separation cases. That figure includes more than 40 children who are 4 years old and younger.

 

Beyond Mexico: How DHS rule changes may affect black immigrants

Yahoo: Despite a drop in deportation last year, removals spiked for African immigrants, doubling for some countries.

 

Immigrants, fearing Trump crackdown, drop out of nutrition programs

Politico: Local health providers say they’ve received panicked phone calls from both documented and undocumented immigrant families demanding to be dropped from the rolls of WIC, a federal nutrition program aimed at pregnant women and children, after news reports that the White House is potentially planning to deny legal status to immigrants who’ve used public benefits. Agencies in at least 18 states say they’ve seen drops of up to 20 percent in enrollment, and they attribute the change largely to fears about the immigration policy.

 

Growth in Immigration Court Backlog Varies Markedly by State

TRAC: As of July 31, 2018, pending cases in Immigration Court nationwide reached nearly three-quarters of a million (746,049 cases). This is a 38 percent increase compared to the 542,411 cases pending at the end of January 2017 when President Trump took office.

 

ICE Announces 19 Foreign Nationals Indicted for Illegally Voting in 2016 Elections

ICE announced that 19 foreign nationals were charged with unlawfully voting and a U.S. citizen was charged with helping a foreign national to register to vote. The indictments followed an investigation by the Document and Benefit Fraud Task Force in the Eastern District of North Carolina. AILA Doc. No. 18082903

 

AILA, CLINIC, and NILC Express Concerns Over Improper Public Charge Determinations and I-601A Revocations

On 8/28/18, AILA, the Catholic Legal Immigration Network, Inc., and the National Immigration Law Center sent a letter to the Department of State’s Bureau of Consular Affairs, expressing concerns over consulates’ improper public charge determinations and associated revocations of approved I-601As. AILA Doc. No. 18082836

 

Email Addresses for the VSC and NSC

The correct email addresses for the Hotlines at VSC are:

The email address for the U visa Unit at the Nebraska Service Center (NSC) is:

 

LITIGATION/CASELAW/RULES/MEMOS

 

Judge Denies Preliminary Injunction, Preserving DACA For Now

On August 31, 2018, Judge Hanen declined to issue a preliminary injunction halting DACA. Note, there are no new changes to the DACA program at this time. AILA Doc. No. 18050231

 

BIA Distinguishes Pereira and Dismisses Respondent’s Appeal

The BIA found that a notice to appear without specific time/place of initial removal hearing still vests an IJ with jurisdiction over the removal and meets INA requirements, so long as a notice of hearing with this information is later sent. Matter of Bermudez-Cota, 27 I&N Dec. 441 (BIA 2018) AILA Doc. No. 18083137

 

BIA Says U Visa Processing Delays Not Sufficient Basis to Deny Continuance

Unpublished BIA decision orders further consideration of request for continuance pending adjudication of U visa application and states that processing delays by themselves are not a sufficient basis to deny a continuance. Special thanks to IRAC. (Matter of Alvarado-Turcio, 8/17/17) AILA Doc. No. 18083132

 

BIA Remands for IJ to Consider Status of Pending Appeal and Determine Whether a Continuance May be Appropriate

The BIA remanded for the IJ to consider the status of the pending appeal and new evidence, and to determine whether a continuance may be appropriate. The appeal of the IJ’s determination regarding removability is dismissed. Matter of Acosta, 27 I&N Dec. 420 (BIA 2018) AILA Doc. No. 18082934

 

BIA Vacates Dangerousness Finding Based on Driving Without a License

Unpublished BIA decision holds that IJ erred in finding respondent to be a danger to the community based solely on three arrests for driving without a license. Special thanks to IRAC. (Matter of E-S-, 8/17/17) AILA Doc. No. 18082972

 

BIA Holds Minnesota Threats Statute Is Not a CIMT

Unpublished BIA decision holds that making terroristic threats under Minn. Stat. § 609.713, subd. 1 is not a CIMT and that contrary Eighth Circuit decision did not consider whether statute applied to non-turpitudinous conduct. Special thanks to IRAC. (Matter of Ezeobi, 8/17/17) AILA Doc. No. 18082971

 

BIA Rescinds In Absentia Order Against Respondent Who Was in Waiting Room

Unpublished BIA decision rescinds in absentia order against respondent who was in the waiting room at the time he was ordered removed by an IJ who was still on the bench when the respondent entered the courtroom. Special thanks to IRAC. (Matter of Singh, 8/25/17) AILA Doc. No. 18083133

 

Applying De Novo Review, CA1 Rejects BIA Ruling that IJ’s Findings Were Clearly Erroneous

The court remanded, finding that the BIA erred by treating as one element the Mexican government’s unwillingness or inability to protect asylum applicant from persecution. The BIA also erred, the court ruled, by discounting country condition reports. (Rosales Justo v. Sessions, 7/16/18) AILA Doc. No. 18083001

 

DHS Notice on Extension of the Designation of Somalia for TPS

DHS notice on the extension of the designation of Somalia for Temporary Protected Status (TPS), extending the designation for 18 months from 9/18/18 through 3/17/20. The 60-day re-registration period runs from 8/27/18 through 10/26/18. (83 FR 43695, 8/27/18) AILA Doc. No. 18082702

 

RESOURCES

 

 

EVENTS

 

 

ImmProf

 

Tuesday, September 4, 2018

Monday, September 3, 2018

Sunday, September 2, 2018

Saturday, September 1, 2018

Friday, August 31, 2018

Thursday, August 30, 2018

Wednesday, August 29, 2018

Tuesday, August 28, 2018

Monday, August 27, 2018

 

AILA NEWS UPDATE

 

http://www.aila.org/advo-media/news/clips

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Thanks, Elizabeth, for all you do for the “New Due Process Army” and for the cause of restoring justice and our Constitutional republic.

PWS

09-05-18

 

 

 

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