THE GIBSON REPORT — 1–22-18 — Compiled By Elizabeth Gibson, Esq., NY Legal Assistance Group

  2. TOP UPDATES

  4. Matter Of M-A-C-O-: BIA Issues Published Decision Regarding Asylum Jurisdiction And Unaccompanied Children

  5. NIJC: After reviewing the statutory definition of a UIC, which includes as an element of the definition, being under 18 years of age, the BIA determined that the respondent was not a UIC at the time he filed for asylum and therefore the immigration court properly exercised initial jurisdiction over his asylum application.

  7. Validity period of Form I-693, Report of Medical Examination and Vaccination Record.

  8. USCIS: The updated policy, which goes into effect on Nov. 1, 2018, will require applicants to submit a Form I-693 that is signed by a civil surgeon no more than 60 days before filing the underlying application for an immigration benefit. The Form I-693 would remain valid for a two-year period following the date the civil surgeon signed it.

  10. ICE Appears To End Use Of Federal Prisons For Immigrant Detainees

  11. NPR: In early June, the agency announced it was sending up to 1,600 immigrant detainees to five federal prisons in Texas, Oregon, California, Washington, and Arizona. But now, a total of only three ICE detainees remain across the five prisons that once held hundreds of immigrants. Immigrant detainees left the federal prisons either because they were deported, transferred to civil detention facilities, or were granted bail

  13. Jeff Sessions Is Quietly Transforming the Nation’s Immigration Courts

  14. Atlantic: The attorney general has stepped up the hiring of immigration judges, ordered them to hear more cases, and shown a preference for those who’ve previously been prosecutors.

  16. New Court Filing Highlights the Government’s Official “Turnback Policy” for Asylum Seekers

  17. AIC: For years, the federal government has attempted to partner with local communities on immigration enforcement, raising a host of problems. Despite this dark legacy, the Trump administration continues to pursue a significant expansion of these partnerships.

  19. ICE subpoenas immigration lawyer in leak hunt

  20. SF Chronicle: The Trump administration has subpoenaed an immigration attorney in an attempt to determine who leaked an internal memo that laid out how Immigration and Customs Enforcement should implement Attorney General Jeff Sessions’ decision to restrict political asylum for victims of domestic violence and gang crimes. The attorney said he doesn’t intend to reveal his sources or any other information about how he obtained the memo.

  22. U.S. courts abruptly tossed 9,000 deportation cases.

  23. Reuters: The Supreme Court ruled that paperwork failing to designate a time and place didn’t constitute a legal notice to appear in court. The ruling sparked a frenzy of immigration court filings. Over ten weeks this summer, a record 9,000 deportation cases, including Barrios’, were terminated as immigration attorneys raced to court with challenges to the paperwork their clients had received, a Reuters analysis of data from the Executive Office for Immigration Review shows.

  25. Trump Threatens to Punish Honduras Over Immigrant Caravan

  26. NYT: President Trump threatened on Tuesday to withhold aid from the Honduran government if it did not halt a mass migration of more than 1,500 people, mainly from Honduras, who crossed into Guatemala this week, many with the intention of reaching the United States. See also DOS Secretary and Mexican Foreign Affairs Secretary Deliver Remarks on Caravan of Honduran Migrants.

  28. Follow the trek of Venezuelan migrants fleeing on foot

  29. AP: About 1.9 million Venezuelans have fled their collapsing nation since 2015 in one of the largest migrations in the world in recent years. The most desperate cannot afford a bus or plane ticket, and so they risk their lives to escape on foot. Every day, more than 650 migrants start on the walk out of Venezuela.

  31. Businesses could be surprised by Trump plan to limit immigrant use of benefits

  32. Politico: “I don’t think the business community has any clue how much this impacts them,” said Doug Rand, a former Obama administration official and president of Boundless Immigration, a firm that uses online tools to assist with immigration paperwork. “This means paying lawyers a lot more money and having every application being a nail-biter.”… The temporary visa holders subject to new questions about benefit use include those using the H-1B program for skilled workers, the H-2A program for agricultural workers, and the H-2B program for seasonal, non-agricultural workers.

  34. The Government Has Decided It Was A Bad Idea To Ask Immigration Attorneys To Submit To A Credit Check

  35. Buzzfeed: The Trump administration is discontinuing the use of a form to vet attorneys for immigrant children that asked the attorneys to agree to a background check of their credit history, insurance, and information about their “personal characteristics” and “mode of living.”

  37. Terrible and Terrifying: Marriage Interviews Become Another Cog in the Deportation Machine

  38. AILA: AILA Executive Director Ben Johnson highlights the growing number of cases where ICE seizes people during the marriage interview component of their immigration application process, an interview required to pursue the legal status which would protect them. AILA Doc. No. 18101830

  40. Immigrant detained delivering pizza to Army base, arrested after domestic incident in Hempstead

  41. ABC: He was arraigned in court on Saturday and ordered held on $500 bail. He is due back in court on Tuesday. He is charged with criminal mischief in the fourth degree.

  42.  

  43. LITIGATION/CASELAW/RULES/MEMOS

  45. Justice Department Is Illegally Failing to Publicly Post Thousands of Decisions in Immigration Cases

  46. NYLAG: The federal government is illegally failing to publicly post thousands of final orders and opinions in immigration cases and should be ordered to post them online, the New York Legal Assistance Group (NYLAG) said in a lawsuit filed today by attorneys at NYLAG and Public Citizen.

  48. Attorney General referred Matter of Negusie to himself for review

  49. Negusie is the case that held “An applicant who is subject to being barred from establishing eligibility for asylum or withholding of removal based on the persecution of others may claim a duress defense, which is limited in nature.”

  51. American Immigration Center Settles with FTC on Government Imposter Allegations

  52. FTC: The Federal Trade Commission filed a complaint today against defendants Forms Direct, Inc., also known as American Immigration Center, and owner Cesare Alessandrini, alleging that they falsely implied that their websites were affiliated with U.S. Citizenship and Immigration Services (USCIS). The defendants allegedly used such deception since 2010 to sell immigration form preparation services to consumers, many of whom were attempting to reach the government site to renew their green cards or apply for naturalization. The FTC’s settlement bars the defendants from continuing their misleading business practices and requires them to pay $2.2 million to compensate consumers.

  54. EOIR Announces Opening of Conroe Immigration Court

  55. EOIR announced the opening of an immigration court in the DHS/ICE contract detention facility in Conroe, Texas. While there will no longer be an immigration court at the Houston Service Processing Center at 5520 Greens Road, EOIR will continue to operate a hearing location there. AILA Doc. No. 18101540

  57. DOJ Announces Record Arrests for Felony Illegal Re-entry and Misdemeanor Illegal Entry

  58. DOJ announced that during FY2018, there was a 38% increase over FY2017 of defendants charged with felony illegal re-entry (23,400) and a 86% increase over FY2017 of defendants charged with misdemeanor illegal entry (68,400). AILA Doc. No. 18101960

  60. ORR Request for Comments on “Sponsorship Review Procedures for Approval for Unaccompanied Alien Children” Information Collection

  61. Notice clarifying that the Office of Refugee Resettlement is seeking public comments on its “Sponsorship Review Procedures for Approval for Unaccompanied Alien Children” information collection. Comments are best assured of having their full effect if received within 30 days. (83 FR 52221, 10/16/18) AILA Doc. No. 18101672

  63. AILA, Others File Amicus Brief Arguing Term “Crime Involving Moral Turpitude” Unconstitutionally Vague

  64. AILA, along with several other organizations, filed an amicus brief with the Ninth Circuit Court of Appeals in Martinez-De Ryan v. Sessions arguing that the term “crime involving moral turpitude” is unconstitutionally vague. AILA Doc. No. 18101702

  66. AILA and the Council File Amicus Brief on Bond Eligibility in Withholding-Only Proceedings

  67. AILA and the American Immigration Council filed an amicus brief with the Fourth Circuit Court of Appeals in Guzman Chavez v. Hott. The brief argues that respondents in withholding-only proceedings are governed by INA §236(a), and thus eligible for a bond hearing. AILA Doc. No. 18101700

  69. USCIS Reissues Receipt Notices for Extensions of Conditional Permanent Resident Status

  70. USCIS announced that starting on 10/16/18, it began issuing new receipt notices for certain Forms I-751, Petition to Remove Conditions on Residence, to replace previously issued receipt notices containing inaccurate information. AILA Doc. No. 18101800

  72. Board of Immigration Appeals Practice Manual (10/16/18)

  73. The Board of Immigration Appeals (BIA) provided an updated Practice Manual (last revised on October 16, 2018). This manual describes procedures, requirements, and recommendations for practice before the BIA. AILA Doc. No. 18101970

  75. RESOURCES

  76.  

  1.  
  2. EVENTS
  3.  
  2. ImmProf
  4. Sunday, October 21, 2018
  1. Saturday, October 20, 2018
  1. Friday, October 19, 2018
  1. Thursday, October 18, 2018
  1. Wednesday, October 17, 2018
  1. Tuesday, October 16, 2018
  1. Monday, October 15, 2018

  2. AILA NEWS UPDATE

  3.  

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

  5. ***********************************************

Thanks, Elizabeth, as always, for all you do!

PWS

10-26-18

 

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