THE GIBSON REPORT – 11-26-18 & 11-19-18 – Compiled By Elizabeth Gibson, Esq., NY Legal Assistance Group

THE GIBSON REPORT – 11-26-18 & 11-19-18 – Compiled By Elizabeth Gibson, Esq., NY Legal Assistance Group

TOP UPDATES

11-26-18

U.S. closes major crossing as caravan migrants mass at border in Mexico

WaPo: U.S. authorities closed off the busiest port of entry along the U.S. border with Mexico on Sunday and fired tear gas at members of a Central American migrant caravan who had rushed the fencing that separates the countries. See also:

Incoming Mexico Gov’t: No Deal to Host US Asylum-Seekers

AP: Mexico’s incoming government denied a report Saturday that it plans to allow asylum-seekers to wait in the country while their claims move through U.S. immigration courts… Hours earlier, The Washington Post quoted her as saying that the incoming administration of Andres Manuel Lopez Obrador had agreed to allow migrants to stay in Mexico as a “short-term solution” while the U.S. considered their applications for asylum.

 

Misinformation in the News on LPRs and Public Charge

Univision and several other news organizations ran erroneous stories last week stoking fear among LPRs that they cannot travel if they have received public benefits. Here’s a more nuanced look at the actual issue from Cyrus Mehta: The Vulnerable Returning Green Card Holder Under the Proposed Public Charge Rule.

 

Your Credit Score Isn’t a Reflection of Your Moral Character: But the Department of Homeland Security seems to think it is.

Slate: The agency charged with safeguarding the nation would like to make immigrants submit their credit scores when applying for legal resident status. The new rule, contained in a proposal signed by DHS Secretary Kirstjen Nielsen, is designed to help immigration officers identify applicants likely to become a “public charge”—that is, a person primarily dependent on government assistance for food, housing, or medical care.

 

Pelosi calls illegal immigrant youths ‘patriotic,’ promises amnesty

Wash Examiner: Incoming House Speaker Nancy Pelosi is doubling down on her plan to open America’s doors to undocumented immigrants with a promise to pass the Dream Act and comprehensive immigration reform. Under pressure to move on the two packages in the face of opposition from the GOP and White House, Pelosi indicated that they will be among the initial moves by the new Democratic majority.

 

The Border Patrol Academy is training its newest recruits to work in a particularly hostile environment

WaPo: The Border Patrol has long struggled with recruitment, currently lagging 2,000 agents short of its quota — not including the 5,000 agents that Trump wants to add… Most of the 46 cadets in Herrgott’s class, which arrived at the academy in late August, are in their 20s, with no prior law enforcement experience or college degrees.

 

LITIGATION/CASELAW/RULES/MEMOS

Judge blocks Trump administration from denying asylum claims to immigrants who cross border illegally

CNN: In an order laced with language accusing President Donald Trump of attempting to rewrite immigration laws, a federal judge based in San Francisco temporarily blocked the government late Monday night from denying asylum to those crossing over the southern border between ports of entry.

 

Court Blocks Trump’s Effective Ban On Green-Card Holders In The Military

ACLU: Judge Jon S. Tigar granted a preliminary injunction, holding that the Department of Defense likely violated the federal Administrative Procedure Act after it implemented a policy discriminating against lawful permanent resident enlistees.

BIA Dismisses Appeal and Denies Adjustment, After Ex-Spouse Withdrew Affidavit of Support

The BIA dismissed the appeal and found respondent was inadmissible due to her likelihood of becoming a public charge, stating that even though the respondent divorced, she was required to provide an affidavit support from her former husband. Matter of Song, 27 I&N Dec. 488 (BIA 2018) AILA Doc. No. 18111937

CA7 Upholds IJ/BIA Denial of Withholding for Lack of Nexus to Particular Social Group

The court held that the IJ/BIA determination that petitioner failed to prove that a gang attack in Mexico was due to family membership since no other family member ever was threatened or attacked was supported by substantial evidence. (Plaza-Ramirez v. Sessions, 11/7/18) AILA Doc. No. 18111970

 

CA9 Reviews “Particularly Serious Crime” Language In Light of Johnson and Dimaya, Holds Statute Is Not Unconstitutionally Vague

The court overturned its prior standard for assessing vagueness, but maintained “particularly serious crime” was not unconstitutionally vague; it held that while statute’s standard is uncertain, it is applied to real world facts as opposed to idealized crimes. (Guerrero v. Whitaker, 11/9/18) AILA Doc. No. 18111971

 

CA9 Grants Review in Two Cases, Holds BIA Erred in Finding CA Penal Code §288(c)(1) Categorically CIMT and Categorically “Crime of Child Abuse”

The court held statute overbroad in actus reus and mens rea compared to generic CIMT and “child abuse” provisions; it lacks CIMT’s corrupt scienter and intent to/actually injure, and does not match “child abuse” elements of intent/actual injury/risk of harm. (Menendez v. Whitaker, 11/8/18) AILA Doc. No. 18111902

 

CBP Closed the San Ysidro Port of Entry on Sunday, November 25

CBP temporarily suspended operations at the San Ysidro port of entry on 11/25/18 at 11:30 am and as of 2:00 pm, operations have not resumed. All northbound and southbound crossings for both pedestrian and vehicles has been suspended. AILA Doc. No. 18111660

 

EOIR Provides Guidance Regarding the Adjudication of Asylum Applications Consistent with INA §208(d)(5)(A)(iii)

EOIR issued a memo with guidance to assist immigration judges in the timely adjudication of asylum applications consistent with INA §208(d)(5)(A)(iii), which states that in the absence of exceptional circumstances, asylum applications shall be adjudicated within 180 days of being filed. AILA Doc. No. 18111941

 

Queens Immigration Attorney Found Guilty of Operating Asylum Fraud Scheme

A United States Attorney for the Southern District of New York announced that Andreea Dumitru, a/k/a “Andreea Dumitru Parcalaboiu,” an immigration attorney based in Queens, New York, was found guilty of asylum fraud, making false statements to immigration authorities, and aggravated identity theft. AILA Doc. No. 18112170

 

EOIR Swears in 16 Immigration Judges

 

RESOURCES

 

EVENTS

 

ImmProf

 

Monday, November 26, 2018

Sunday, November 25, 2018

Saturday, November 24, 2018

Friday, November 23, 2018

Thursday, November 22, 2018

Wednesday, November 21, 2018

Tuesday, November 20, 2018

Tuesday, November 20, 2018

Monday, November 19, 2018

 

 

AILA NEWS UPDATE

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

Assistance Group

 

 

 

11-19-18

 

TOP UPDATES

Changes to USCIS Policy Will Directly Impact Vulnerable Immigrants

AIC: Starting November 19, individuals who have applied for humanitarian benefits will be directly impacted. USCIS has announced that, as of that date, it may issue NTAs impacting individuals who seek U visas (victims of crime), T visas (victims of severe forms of trafficking), and self-petitions under the Violence Against Women Act (VAWA).

 

Trump is preparing to remove Kirstjen Nielsen as Homeland Security secretary, aides say

WaPo: Trump canceled a planned trip with Nielsen this week to visit U.S. troops at the border in South Texas and told aides over the weekend that he wants her out as soon as possible, these officials said. The president has grumbled for months about what he views as Nielsen’s lackluster performance on immigration enforcement and is believed to be looking for a replacement who will implement his policy ideas with more alacrity. Thomas Homan, a possible replacement for DHS secretary Kirstjen Nielsen, praises her leadership

 

New York Court Finds Local Police Can’t Detain Immigrants for Federal Agents

WNYC: An appellate court in Brooklyn ruled Wednesday that local police officers in New York state can’t detain immigrants beyond their scheduled release date solely to turn them over to Immigration and Customs Enforcement, without a judicial warrant. Decision here.

 

Communities in Crisis: Interior Removals and Their Human Consequences

The Kino Border Initiative, the Center for Migration Studies of New York, and the Office of Justice and Ecology of the Jesuit Conference of Canada and the United States published a report on the characteristics of deportees and the effects of deportation. AILA Doc. No. 18111431

 

Albany County using federal funds to pay for legal help to immigrants in the county jail

Times Union: Sheriff Craig Apple announced Wednesday that the County Legislature will allocate $170,000 from nearly $4 million received from the Immigration and Customs Enforcement, ICE, for detaining immigrants at the county jail since June. Another $1 million is expected before the end of 2018… Apple said he plans to use the $170,000 to hire a full-time immigration attorney to work inside the jail

 

Government funding, border wall await lame-duck Congress

AP: For their last act, Republicans will try to deliver on Trump’s promise to fund the border wall, which could spark a partial federal government shutdown in weeks. Newly emboldened Democrats are in no mood to cooperate over wall money. See also New Border Wall Will Destroy Butterfly Center, Historic Chapel, And Texas State Park.

 

Hopes Rise for Driver’s License Bill in NY

Voices of NY: For over a decade, a number of efforts seeking to allow 850,000 undocumented immigrants in New York State to obtain driver permits – according to an estimate by the Institute of Immigration Policy – have failed. Still, the results of the mid-term election on November 6 could change things.

 

Law Enforcement Officers in New Jersey Are Transferring More and More Immigrants to ICE

WNYC: Law enforcement agencies in New Jersey are turning over undocumented immigrants to federal authorities at a rate that is increasing under the Trump Administration and is higher than the national average, according to a new report from the progressive think tank New Jersey Policy Perspective.

 

Study: Fewer Immigrant Families Signing Up For Federal Food Assistance

KUNC: After 10 years of consistent gains, the number of immigrant families enrolled in SNAP, or the Supplemental Nutrition Assistance Program, fell by 10 percent in 2018.

 

Immigration Application Denial Rates Jump 37% Under Trump

CATO: The data for the first nine months of Fiscal Year (FY) 2018, which started in October 2017, show that denials for all manner of immigration benefits—travel documents, work permits, green cards, worker petitions, etc.—increased 37 percent since FY 2016.

 

Trump Administration Again Considering Ways To Force People To Wait In Mexico For Their Immigration Cases

Buzzfeed: US immigration officials met this week to discuss a proposal to send those who arrive at the US-Mexico border to Mexico while their immigration cases are being processed in the United States, according to sources close to the administration.

 

Gauging the Impact of DHS’ Proposed Public-Charge Rule on U.S. Immigration

MPI: The proposed public-charge rule, which would apply a significantly expanded test to determine if green-card applicants would be likely to use specified public benefits in the future, could potentially have put most recent legal permanent residents at risk of green-card denial.

 

LITIGATION/CASELAW/RULES/MEMOS

 

EOIR Memo Relevant to Hearing Scheduling

EOIR OPPM 13-02 states (on page 10) that even if a case is considered an “expedited” case, an individual hearing should generally NOT be set fewer than 45 days from the master hearing, unless the person is detained.

 

ACLU in Federal Court for Hearing in Challenge to New Trump Asylum Ban

ACLU: The American Civil Liberties Union will be in federal court for arguments in East Bay Sanctuary Covenant v. Trump, a lawsuit challenging the Trump administration’s new asylum ban. The ACLU and partner organizations filed the lawsuit last Friday, just hours after President Trump signed the asylum ban proclamation. The ACLU will be in court on Monday seeking a temporary restraining order to block the policy.

 

Justices take on a dispute over the 2020 census

CC: The Supreme Court agreed on Friday to decide, on a speeded-up schedule, a dispute over the Trump Administration’s decision to add to the 2020 census a question about the citizenship of everyone in America.

 

Orellana-Mateo v. Whitaker, 16-1547 (2d Cir. 2018) (unpublished)

Finding that the BIA failed to analyze acquiescence properly under De La Rosa in a CAT claim.

 

BIA Holds New York Second Degree Burglary Is Not an Aggravated Felony

Unpublished BIA decision holds that second-degree burglary under N.Y.P.L. 140.25(2) is not an aggravated felony burglary offense because it does not require an unlawful entry. Special thanks to IRAC. (Matter of G-A-A-M-, 11/17/17) AILA Doc. No. 18111530

 

BIA Reverses Denial of Cancellation Where IJ Relied on Gang Allegation in Police Report

Unpublished BIA decision reverses discretionary denial of cancellation application where IJ placed undue weight on unsourced allegation in police report that respondent was an active gang member. Special thanks to IRAC. (Matter of V-A-C-, 11/15/17) AILA Doc. No. 18111432

 

BIA Holds Oklahoma Statute Not a Firearms Offense

Unpublished BIA decision holds that carrying a firearm while under the influence of alcohol under Okla. Stat. tit. 21 §1289.9 was not a firearms offense because it contained no exception for antique firearms. Special thanks to IRAC. (Matter of Martinez-Guzman, 11/13/17) AILA Doc. No. 18111430

 

BIA Finds IJs Violated Due Process Rights of Pro Se Asylum Seeker

Unpublished BIA decision finds pro se asylum seeker was denied fair hearing where IJ scheduled merits hearing two weeks after submission of application and denied continuance for additional time to secure counsel and corroborating evidence. Special thanks to IRAC. (Matter of E-C-Q-, 11/17/17) AILA Doc. No. 18111531

 

BIA Holds Georgia Theft by Shoplifting Is Not a CIMT

Unpublished BIA decision holds that theft by shoplifting under Georgia Code Ann. 16-8-14 is not a CIMT because it does not require the owner’s property rights to be permanently or substantially eroded. Special thanks to IRAC. (Matter of H-J-C-, 11/20/17) AILA Doc. No. 18111601

 

BIA Holds That Driving with Suspended License for DUI Is Not a CIMT

Unpublished BIA decision holds that driving with a license that was suspended or revoked for driving under the influence under Calif. Vehic. Code 14601.2(a) is not a CIMT. Special thanks to IRAC. (Matter of N-M-H-V-, 11/22/17) AILA Doc. No. 18111603

CBP to Close Lanes at San Ysidro and Otay Mesa in Preparation for Migrant Caravan

CBP announced lane closures starting on 11/13/18 at the San Ysidro and Otay Mesa ports of entry. CBP will provide an update when the materials are removed and the lanes re-opened. CBP officials recommend that persons traveling northbound to the U.S. anticipate possible increased wait times. AILA Doc. No. 18111300

 

CBP Tells Travelers to Expect Longer Than Normal Wait Times Indefinitely

CBP announced that the El Paso Field Office is advising the public to plan for longer than normal wait times at area ports beginning 11/14/18 due to the transfer of a large number of CBP officers from the El Paso, Santa Teresa, and Tornillo ports of entry to CBP’s Arizona and CA ports of entries. AILA Doc. No. 18111463

CBP Notice Announcing Voluntary Test to Collect Facial Images at Anzalduas Port of Entry

CBP notice announcing a test program for travelers who choose to participate to collect facial images for biometric purposes at the Anzalduas port of entry in Texas. The test began 8/30/18 and will run for approximately one year. (83 FR 56862, 11/14/18) AILA Doc. No. 18111461

EOIR Releases Memo on Tracking and Expedition of “Family Unit” Cases

EOIR released a memo to clarify the agency’s tracking and expedition of “family unit” cases as identified by DHS at the time of filing with the immigration court.

AILA Doc. No. 18111606

Practice Alert: Use of Electronic Devices at USCIS Field Offices

AILA’s USCIS Field Operations Liaison Committee provides updated guidance issued by several local USCIS Field Offices requiring that all stakeholders turn off electronic devices during interviews and InfoPass appointments. The extent to which this policy has been applied nationally is unclear. AILA Doc. No. 17081702

 

Response to arrivals of asylum-seekers from the North of Central America

UNHCR: Since mid-October several organized groups of people from the North of Central America region, Honduras, Guatemala and El Salvador, have been traveling north in hope of reaching Mexico and the United States. In Mexico, there are approximately 7,000-9,000 people in these groups,  currently spread out between Veracruz and Baja California. Among them are people fleeing persecution and violence and in need of international protection. Many are vulnerable and in need of humanitarian assistance, including women and around 2,300 children.

 

Users Can Now Search All USCIS Data from a Single Page

USCIS: U.S. Citizenship and Immigration Services (USCIS) announced today that it has consolidated the data pages on its website to include all data on one page. The new Immigration and Citizenship Data page makes information more easily accessible to users.

 

RESOURCES

 

EVENTS

 

ImmProf

 

Monday, November 19, 2018

Sunday, November 18, 2018

Saturday, November 17, 2018

Friday, November 16, 2018

Thursday, November 15, 2018

Wednesday, November 14, 2018

Tuesday, November 13, 2018

Monday, November 12, 2018

 

AILA NEWS UPDATE

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

******************************************

Lots happening!

PWS

11-26-18

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  3. THE GIBSON REPORT – 02-10-20 – Compiled by Elizabeth Gibson, Esquire, NY Legal Assistance Group: Deporting to Death; “Orbiting” Immigrants to Laos; “Judges” Failing To Meet Deportation Quotas;  ICE Shoots Man in the Face; Using Force In the Gulag; Federal Judge Outs Regime’s Scofflaw Detainers As Regime Inflicts Arbitrary Punishment on New Yorkers for Resisting Overreach; BIA Tanks Again; EOIR Ups “Aimless Docket Reshuffling;” & Other Tales of Abuse From White Nationalist Nation!
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