THE GIBSON REPORT — 06-03-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
Buzzfeed: The Trump administration is considering a proposal that would bar asylum for those who transit through a third country, a potential major escalation in the administration’s attempts to deter asylum-seekers, according to sources close to the administration.
WaPo: The White House plans to begin levying the import penalties on June 10 and ratchet the penalties higher if the migrant flow isn’t halted. Trump said he would remove the tariffs only if all illegal migration across the border ceased, though other White House officials said they would be looking only for Mexico to take major action. See also White House Releases Statement from President Trump Regarding Emergency Measures to Address the Border Crisis.
BIA: An Immigration Judge has the authority to dismiss removal proceedings pursuant to 8 C.F.R. § 239.2(a)(7) (2018) upon a finding that it is an abuse of the asylum process to file a meritless asylum application with the U.S. Citizenship and Immigration Services for the sole purpose of seeking cancellation of removal in the Immigration Court.
Vermont Service Center (VSC) no longer entertains requests for supervisory review
VSC: Generally speaking, the Vermont Service Center (VSC) no longer entertains requests for supervisory review of requests for evidence (RFEs), via this email hotline or any other method. If your client disagrees with the RFE or believes that the requested evidence has already been submitted, they may wish to indicate this in their response to the RFE. They may also wish to resubmit the requested evidence. Any information submitted will be reviewed by the adjudicating officer.
U.S. News: President Donald Trump on Thursday signed a memorandum that will direct federal agencies to enforce a longstanding rule requiring the sponsors of legal immigrants to reimburse the government for any public benefits the immigrant uses, such as Medicaid and food stamps.
AIC: Immigration and Customs Enforcement officials regularly place detained immigrants into prolonged solitary confinement, despite findings that such confinement is a form of torture.
NYT: Visa applicants to the United States are required to submit any information about social media accounts they have used in the past five years under a State Department policy that started on Friday.
NYT: Files on those drives showed that he wrote a study in 2015 concluding that adding a citizenship question to the census would allow Republicans to draft even more extreme gerrymandered maps to stymie Democrats.
Politico: The Trump administration plans to launch a new panel to offer “fresh thinking” on international human rights and “natural law,” a move some activists fear is aimed at narrowing protections for women and members of the LGBT community.
USA Today: The Transportation Security Administration is preparing to send up to 400 workers to the southern border to assist with the rising number of Central American migrants, but officials say the move shouldn’t affect air travel as the summer travel season gets underway.
WaPo: The Department of Homeland Security personnel will work as “advisers” to Guatemala’s national police and migration authorities, and they will aim to disrupt and interdict human smuggling operations, the officials said, speaking on the condition of anonymity to describe a plan that has not been made public. U.S. authorities hope that the effort will cut off popular routes to the United States and deter migrants from beginning their journeys north through Mexico.
Gothamist: Hundreds of immigrants detained at the southern border have been transferred to jails in the New York City area in the last few weeks, as the Trump administration takes unprecedented steps to manage a growing number of migrants seeking entry to the United States.
Rewire: Advocates also report that some asylum seekers in the Western District of Texas who have given birth in USMS custody were forced to hand over their newborns to the Texas Department of Family and Protective Services (DFPS). Reuniting with their newborn hinges on their release from federal custody, and whether they can access legal help to navigate the child welfare system.See also ‘He Started Calling Me Papa Again’: A Separated Migrant Father and Son Reunite After 378 Days Apart; Over 200 Allegations of Abuse of Migrant Children; 1 Case of Homeland Security Disciplining Someone; and Customs and Border Protection is buying 2.2 million baby diapers for its new migrant tent city
NYT: The Trump administration’s crackdown on unauthorized immigration has resulted in the prosecution of tens of thousands of people entering the country illegally. But new data suggests that the government has not prioritized the prosecution of employers, whose jobs represent the biggest lure for those crossing the southern border to reach the United States.
ImmProf: The Trump Administration is seeking Supreme Court review of a Fourth Circuit decision rejecting the administration’s attempt to rescind DACA. Here is the cert petition. In addition, the Supreme Court has granted cert in Hernandez v. Mesa, which asks whether the family of a Mexican teen killed by a U.S. Border Patrol agent in a cross-border shooting can sue the officer for damages (case page at this link).
The AG invites amici on whether judicial alteration of a criminal conviction or sentence should be taken into consideration in determining the immigration consequences of the conviction. Comments due by 7/12/19. Matter of Thomas and Matter of Thompson, 27 I&N Dec. 556 (A.G. 2019) AILA Doc. No. 19052900
NorthJersey: The daughter of a man who died while in immigration custody filed a wrongful death lawsuit Thursday against Hudson County and its jail, where he was held before he died of internal bleeding at a local hospital.
NYLAG filed a memo in support of its motion for summary judgment. (NYLAG v. BIA, 5/24/19) AILA Doc. No. 18102232
An Immigration Judge has the authority to dismiss removal proceedings pursuant to 8 C.F.R. § 239.2(a)(7) (2018) upon a finding that it is an abuse of the asylum process to file a meritless asylum application with the U.S. Citizenship and Immigration Services for the sole purpose of seeking cancellation of removal in the Immigration Court.
Unpublished BIA decision vacates denial of continuance where IJ did not make preliminary determination whether respondent was prima facie eligible for U visa. Special thanks to IRAC. (Matter of Gomez-Alfaro, 7/31/18) AILA Doc. No. 19052995
Unpublished BIA decision holds that an administratively entered judgment of guilt due to the respondent’s failure to appear in court does not qualify as a conviction for immigration purposes. Special thanks to IRAC. (Matter of Davies, 7/30/18) AILA Doc. No. 19052895
In an unpublished BIA decision, the BIA affirmed the Immigration Judge’s decision to terminate removal proceedings, finding that the crime of fraud under $5,000, in violation of section 380(1)(b) of the Criminal Code of Canada is not a CIMT. Courtesy of Richard Hanus. AILA Doc. No. 19052834
Unpublished BIA decision reopens and terminates proceedings sua sponte in light of holding in United States v. Robinson, 869 F.3d 933 (9th Cir. 2017), that assault under Wash. Rev. Stat. 9A.36.021 is not a crime of violence. Special thanks to IRAC. (Matter of Ibrahim, 8/7/18) AILA Doc. No. 19052896
Unpublished BIA decision holds that making false statement to firearms dealer under 18 USC §924(a)(1)(A) is a not a firearms offense because it applies to dealers who falsify their own records. Special thanks to IRAC. (Matter of Lopez, 8/17/18) AILA Doc. No. 19053135
Unpublished BIA decision holds that online solicitation of a minor under Tex. Penal Code 33.021 is not aggravated felony sexual abuse of a minor or attempted sexual abuse of a minor because it does not require a victim under 16 years of age. Special thanks to IRAC. (Matter of Adeeko, 8/14/18) AILA Doc. No. 19053132
BIA: Vacates order rescinding LPR status because respondent was not given opportunity to cross-examine ex-spouse or USCIS officer who took her statement
The court found that the petitioner, a citizen of Ireland who had entered the United States as a child and had overstayed his visa, was not entitled to a presumption of prejudice, and that he could not make a particularized showing of prejudice. (O’Riordan v. Barr, 5/22/19) AILA Doc. No. 19052831
The court vacated the district court’s dismissal of the plaintiffs’ complaint alleging that the defendants’ failure to engage in discharge planning for the plaintiffs’ serious medical needs prior to release violated their substantive due process rights. (Charles v. Orange County, 5/24/19) AILA Doc. No. 19053130
The court held that the BIA had disregarded and distorted significant portions of the record when it found that the petitioner had failed to establish that the Salvadoran government was unwilling or unable to protect her from persecution. (Orellana v. Barr, 5/23/19) AILA Doc. No. 19052832
The court held that substantial evidence supported the BIA’s determination that petitioner, who had been a police officer in Honduras, had failed to show a nexus between the alleged persecution he suffered and his membership in a particular social group. (Martinez Manzanares v. Barr, 5/24/19) AILA Doc. No. 19052833
The court held that DHS’s failure to include the time and date of the petitioner’s hearing in the Notice to Appear (NTA) was a failure to follow a claim-processing rule, not a jurisdictional flaw, and that petitioner did not timely object to DHS’s misstep. (Ortiz-Santiago v. Barr, 5/20/19) AILA Doc. No. 19052803
The court held that a Notice to Appear (NTA) that is defective under Pereira v. Sessions cannot be cured by a subsequent Notice of Hearing, and therefore does not terminate the residence period required for cancellation of removal. (Lorenzo Lopez v. Barr, 5/22/19) AILA Doc. No. 19052872
The court held that petitioner had failed to show that his 1997 parole constituted an “admission in any status,” and thus found he had not obtained the requisite seven years of continuous residency in the United States to be eligible for cancellation of removal. (Alanniz v. Barr, 5/20/19) AILA Doc. No. 19052871
The district court held that USCIS’s policy of declining to naturalize Military Accessions Vital to the National Interest (MAVNI) applicants until the Defense Department and the Army had determined they were suitable for service violated the Administrative Procedure Act. (Nio v. DHS, 5/22/19) AILA Doc. No. 19052839
EOIR issued a redacted version of its strategic caseload reduction plan pursuant to an AILA FOIA request. AILA Doc. No. 19021932
CBP announced the creation of a new Border Patrol Processing Coordinator position designed to perform administrative tasks related to the intake and processing of individuals apprehended by Border Patrol agents and brought back to stations. AILA Doc. No. 19052837
USCIS will close its international offices, starting with Ciudad Juarez, Mexico and Manila in the Philippines. All offices, including the main district offices for the separate regions, are scheduled to close by March 10, 2020. Watch this page as AILA tracks which offices are closed. AILA Doc. No. 19053131
- Updated Credible Fear Lesson Plans Comparison Chart
- USCIS Releases 2018 Statistical Annual Report Report Highlights Agency Programs, Workload, and Accomplishments
- American Immigration Council and NIP Practice Advisory: Reinstatement of Removal
- AILA Submits Comments on USCIS Policy Manual, Volume 1, Part A: Public Services
- Bite-Sized Ethics: Asylum and Adult Mental Impairment
- Ethical Considerations in Declining Representation
- DHS OIG Issues Redacted Report on El Paso Del Norte Processing Center
- CRS Report on “Migrant Protection Protocols”: Legal Issues Related to DHS’s Plan to Require Arriving Asylum Seekers to Wait in Mexico
- Withdrawal of Representation in Immigration Practice
- CRS Releases Legal Sidebar on DHS’s Reported “Metering” Policy
- An Attorney’s Ethical and Legal Obligations to Pereira-Affected Clients
- AILA and ASISTA Send Letter to USCIS Requesting an Extension of Grace Period for New Edition of Form I-918
- CBP Releases Officer’s Reference Tool Documents
- Practice Alert: EOIR Policy Memo, No Dark Courtrooms
- PEW: U.S. unauthorized immigrants are more proficient in English, more educated than a decade ago
- 6/4/19 Maintaining Permanent Residence While Abroad: Keep Your Options Open
- 6/11/19 Immigrants Will Teach Free ‘Open Air University’ In Prospect Park This Summer
- 6/12/19 Stories That Move Us: A night celebrating the stories of immigrant women
- 6/17/192019 AILA/GMS Annual Global Immigration Forum
- 6/19/19teach-in on the idea of universal representation in immigration proceedings
- 7/2/19 Introduction to Immigration Law Practice: A Course for New Practitioners
- 7/9/19 Foreign Students Not Picked in the H-1B Lottery: Options and Strategies
- 7/30/19 The I-864 and the Changing World of Public Charge Inadmissibility
- 8/4/19 Legal, Cultural, & Historical Approach to Understanding the Complex and Controversial Issue Dominating Our National Dialogue
Monday, June 3, 2019
- U.S. Government Affords Amish Canadian LPR Status Without a Photo
- Administration of Immigration Law Research Roundtable (June 4-5, 2019 in Washington, DC)
- Immigrant Heritage Month Video
Sunday, June 2, 2019
- Today in Immigration History
- Ruben Navarette Jr.: Trump’s Skills-Based Immigration Proposal is Un-American
- DHS Inspector General Report Notes Overcrowding, Health and Safety Concerns at Border Processing Center
- Another Democratic Presidential Candidate Takes Immigration Position, Calls for Reversal of Trump Policies
- Immigration Article of the Day: Withholding Protection by Lindsay Muir Harris
Saturday, June 1, 2019
- Trump’s Crackdown on Illegal Immigration: 11 Employers Prosecuted in the Past Year
- Immigration Article of the Day: Sexual Violence and Future Harm: Lessons From Asylum Law by Shawn Fields
Friday, May 31, 2019
- Statement of ABA President Bob Carlson, Re: Improper Detention of Immigrant Children
- UCLA Law Fellowship Announcement
- USCIS Releases 2018 Statistical Annual Report Report Highlights Agency Programs, Workload, and Accomplishments
- U.S. Court of Appeals for the Third Circuit: Driving Under Influence of Marijuana is a Removable Offense
- Campaign 2020: The Lack of Immigration Policy Alternatives
- President to Impose Tariffs on Mexico: Statement from the President Regarding Emergency Measures to Address the Border Crisis
- Medical school graduates first “undocumented” student (DACA Recipient) in its history
- The Opportunity Agenda: #LoveYourBorderlands, a Photo Essay
- Immigration Article of the Day: Quieting the Court: Lessons from The Muslim-Ban Case by Avidan Cover
Thursday, May 30, 2019
- Challengers Allege in Census Lawsuit Filing US Government Witnesses Provided False Testimony About Citizenship Question
Wednesday, May 29, 2019
- Detainees Moved from Southern Border to NYC
- Immigration Article of the Day: Reparations for Central American Refugees by Sarah Sherman-Stokes
- Campaign 2020: Beto O’Rourke Issues Immigration Policy Statement
Tuesday, May 28, 2019
- Immigration in the Supreme Court: Cert Petition in DACA Rescission Case, Cert Granted in Border Shooting Case
- NPR: In Mexico, New Groups Offer Aid To A Young Generation Of Deported DREAMers
- A New Family Separation Policy?: Trump Administration Separates Some Migrant Mothers From Their Newborns Before Returning Them to Detention
- Citizenship Studies Call for Papers
- From the Bookshelves: Race, Criminal Justice, Migration Control edited by Mary Bosworth, Alpa Parmar, and Yolanda Vazquez
- From the Bookshelves: Defending Latina/o Immigrants in Era of Trump by Alvaro Huerta
Monday, May 27, 2019