THE GIBSON REPORT — 10-21-19 – Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

THE GIBSON REPORT — 10-21-19 – Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

Elizabeth Gibson
Elizabeth Gibson
Attorney, NY Legal Assistance Group
Publisher of “The Gibson Report”

TOP UPDATES

 

Migrants stuck in detention as tough new Trump asylum rule is only partially implemented

NBC: “Returns under the IFR policy have not started,” ICE spokeswoman Paige Hughes said, referring to the “interim final rule” the Trump administration announced this summer. Instead, immigration attorneys say, immigrants who have been ordered deported under the new policy are languishing in detention inside the U.S. because they have no right to stay but also have not been put on flights back to their home country.

 

Mexico sends asylum seekers south — with no easy way to return for U.S. court dates

LA Times: As the numbers rise, Mexico, in many cases, has opted for a controversial solution: Ship as many asylum seekers as possible more than 1,000 miles back here in the apparent hope that they will opt to return to Central America — even if that implies endangering or forgoing prospective political asylum claims in U.S. immigration courts. Mexican officials, sensitive to criticism that they are facilitating Trump’s hard-line deportation agenda, have been tight-lipped about the shadowy busing program, under which thousands of asylum seekers have been returned here since August.

 

Trump’s Acting Immigration Director Claims Ending Birthright Citizenship Would Not Require Constitutional Amendment

Newsweek: Ken Cuccinelli, the acting director of U.S. Citizenship and Immigration Services, said Wednesday that ending birthright citizenship does not need a Constitutional amendment.

 

USCIS’s Cuccinelli Boasts Of Increasing Immigration Bureaucracy

Forbes: Since 2017, Trump administration policies have focused on restricting the entry of immigrants and foreign nationals, including scientists and engineers. “Denial rates for new H-1B petitions have increased significantly, rising from 6% in FY 2015 to 32% in the first quarter of FY 2019,” according to a National Foundation for American Policy analysis.

 

U.S. Takes Step to Require Asylum-Seekers’ DNA

AP: The Justice Department will publish an amended regulation Monday that would mandate DNA collection for almost all migrants who cross between official entry points and are held even temporarily, according to the official.

 

GAO Report Says DHS Needs to Reduce Backlogged FOIA Requests and Eliminate Duplicate Processing

A GAO report says that DHS’s backlog of unfulfilled FOIA requests almost doubled between 2012–18, but DHS has no plan to address its backlog of more than 50,000 requests. DHS also continues to have a duplicative process for FOIA requests for certain immigration files, which slows processing times. AILA Doc. No. 19101804

 

Surge of Mexican migrants is new challenge for Trump border crackdown

WaPo: A sudden increase in the number of Mexican families and asylum seekers trying to cross into the United States has raised fears of a new border crisis, frustrating Department of Homeland Security officials who are unable to deter Mexican nationals with the same restrictive immigration policies designed to keep Central Americans out of the country.

 

More refugee flights to the US are being canceled

CNN: Flights for refugees who have been approved to come to the United States continue to be canceled, in some cases for the second time, CNN has learned.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Two Cases Granted SCOTUS Cert

SCOTUSblog: For USA Today, Richard Wolf reports that Department of Homeland Security v. Thuraissigiam, in which the court will decide whether limitations on review of expedited deportation orders are constitutional, “is one of several challenging the Trump administration’s efforts to crack down on migrants seeking asylum after crossing the Mexican border.” Kimberly Robinson reports at Bloomberg Law that in another immigration case, Nasrallah v. Barr, the justices will resolve a split between the lower courts “over whether courts can review factual findings underlying a government refusal to halt the deportation of immigrants convicted of a crime but who argue that they will face persecution or even torture if sent back to their home countries.”

 

Supreme Court Stays Injunction Against Asylum Ban 2.0

The United Nations High Commissioner of Refugees submitted an amicus brief telling the Ninth Circuit that the Trump administration’s asylum interim final rule issued on 7/16/19, “is at variance with two international law protections.” (East Bay Sanctuary Covenant, et al. v. Barr, et al.) AILA Doc. No. 19071800

 

District Court Grants Class Certification in Case Challenging USCIS and ICE FOIA Delays

The court issued an order granting class certification in a nationwide class action filed by the American Immigration Council and partners challenging systemic violations of the FOIA by DHS, USCIS, and ICE. (Nightingale et al. v. USCIS et al., 10/15/19) AILA Doc. No. 19062003

 

5 transgender immigrants on Staten Island file lawsuit alleging asylum ‘limbo’

SILive: They are among five transgender women from Staten Island who have filed a lawsuit against United States Citizenship and Immigration Services (USCIS) and officials from the Department of Homeland Security (DHS), alleging they have been waiting for an interview on their asylum case for almost three years – something that should happen 45 days after filing an affirmative asylum application, according to USCIS policies.

 

DOJ Prosecuted Record Number of Immigration-Related Offenses in FY2019

DOJ announced that that in FY2019, its U.S. Attorneys’ Offices prosecuted the highest number of immigration-related offenses since record-keeping began more than 25 years ago—25,426 individuals with felony Illegal Reentry, 80,866 with misdemeanor Improper Entry, and 4,297 with Alien Smuggling. AILA Doc. No. 19101801

 

USCIS Clarifies Special Immigrant Juvenile Classification

USCIS issued three AAO adopted decisions clarifying SIJ classification. USCIS now requires evidence of a court’s intervention to provide relief beyond a statement that the juvenile is court-dependent. The decisions go into effect October 15, 2019, and will apply to pending and future petitions. AILA Doc. No. 19101593

 

USCIS Issues Policy Memorandum Designating AAO Decision in Matter of E-A-L-O- as an Adopted Decision

USCIS designated the AAO decision in Matter of E-A-L-O- as an adopted decision, noting that whether a state court order establishes eligibility for SIJ classification is a question within USCIS’s sole jurisdiction. Matter of E-A-L-O, Adopted Decision 2019-04 (AAO October 11, 2019) AILA Doc. No. 19101592

 

USCIS Issues Policy Memorandum Designating AAO Decision in Matter of D-Y-S-C- as an Adopted Decision

USCIS designated the AAO decision in Matter of D-Y-S-C- as an adopted decision, noting that SIJ classification may only be granted upon USCIS’s consent to juveniles who meet all other eligibility criteria. Matter of D-Y-S-C, Adopted Decision 2019-02 (AAO October 11, 2019) AILA Doc. No. 19101591

 

USCIS Issues Policy Memorandum Designating AAO Decision in Matter of A-O-C- as an Adopted Decision

USCIS designated the AAO decision in Matter of A-O-C- as an adopted decision, noting that juveniles seeking SIJ classification must have been subject to a dependency or custody order issued by a “juvenile court.” Matter of A-O-C, Adopted Decision 2019-03 (AAO October 11, 2019) AILA Doc. No. 19101590

 

BIA Finds Crime of Dissuading a Witness in Violation of §136.1(b)(1) of the California Penal Code Is an Aggravated Felony Offense

Applying Matter of Valenzuela Gallardo retroactively, BIA dismissed respondent’s appeal finding that the crime of dissuading a witness in violation of §136.1(b)(1) of the CA Penal Code is categorically an aggravated felony offense. Matter of Cordero-Garcia, 27 I&N Dec. 652 (BIA 2019) AILA Doc. No. 19101806

 

BIA Finds Attorney Provided Ineffective Assistance by Sending Medical Examination to USCIS

Unpublished BIA decision finds ineffective assistance clear and obvious where the attorney mistakenly sent the respondent’s medical examination to USCIS rather than the immigration court. Special thanks to IRAC. (Matter of Corena-Vela, 3/18/19) AILA Doc. No. 19101606

 

BIA Reopens Proceedings Sua Sponte for Haitian TPS Holder to Adjust Status

Unpublished BIA decision reopens proceedings sua sponte for respondent to apply for adjustment of status based on an approved visa petition in light of grant of TPS, entry under grant of advance parole, and country conditions in Haiti. Special thanks to IRAC. (Matter of Dorilus, 3/14/19) AILA Doc. No. 19101605

 

BIA Remands to Consider Citizenship Claim Despite Prior Concession of Alienage

Unpublished BIA decision remands for further consideration of acquired citizenship claim in light of evidence submitted on appeal and despite concession of alienage before IJ. Special thanks to IRAC. (Matter of Hinojosa-Trejo, 3/11/19) AILA Doc. No. 19101510

 

BIA Orders Further Consideration of MTR Denied Under Matter of Bermudez-Cota

Unpublished BIA decision remands for further consideration of MTR where IJ issued form order citing Matter of Bermudez-Cota, 27 I&N 441 (BIA 2018), but provided no explanation for what proposition the case was being used. Special thanks to IRAC. (Matter of Gomes, 3/8/19) AILA Doc. No. 19101509

 

BIA Finds Respondent Established Wave-Through Admission Under Matter of Quilantan

Unpublished BIA decision finds respondent established a wave-through admission under Matter of Quilantan in light of corroborating testimony from witness who saw immigration officers check his paperwork. Special thanks to IRAC. (Matter of Valdez Palacio, 3/19/19) AILA Doc. No. 19101607

 

BIA Holds Possession of More Than 50 Pounds of Marijuana Not an Aggravated Felony

Unpublished BIA decision holds possession of more than 50 pounds of marijuana under Texas Health & Safety Code 481.121 is not an aggravated felony because it doesn’t require distribution and is punishable as a misdemeanor under federal law. Special thanks to IRAC. (Matter of Joseph, 3/7/19) AILA Doc. No. 19101508

 

CA5 Remands Asylum Claims in Light of Matter of L-E-A- Where Petitioner’s Particular Social Group Was His Family

The court vacated and remanded in light of Matter of L-E-A-, after finding that the BIA’s reliance on the factual findings of the IJ were likely impacted by the incorrect legal posture through which the IJ viewed the case. (Pena Oseguera v. Barr, 8/23/19, amended 10/15/19) AILA Doc. No. 19082907

 

CA7 Finds It Lacks Jurisdiction to Review BIA’s Discretionary Decision Declining to Reopen Proceedings Sua Sponte

The court dismissed the petition for review for lack of jurisdiction to the extent that the BIA had declined to reopen the proceedings sua sponte, and upheld the BIA’s denial of the petitioner’s motion to reconsider and reopen the BIA’s decision of 2003. (Malukas v. Barr, 10/15/19) AILA Doc. No. 19101736

 

CA11 Says Conviction for Delivery of Cocaine in Washington Is an Aggravated Felony

The court held that a conviction for delivery of cocaine under Washington law categorically qualifies as an aggravated felony under INA §101(a)(43), and thus that petitioner was barred from establishing the good moral character necessary for naturalization. (Bourtzakis v. Att’y Gen., 10/9/19) AILA Doc. No. 19101738

 

Executive Order Suspending Entry of Certain Persons Contributing to the Situation in Syria

Presidential executive order issued 10/14/19 imposing sanctions on those determined to have contributed to instability in Syria, including, among other things, suspending the immigrant and nonimmigrant entry into the United States of such persons. (84 FR 55851, 10/17/19) AILA Doc. No. 19101701

 

Executive Order: “Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication”

President Trump issued an executive order on 10/9/19 on how agency guidance documents may be applied. (84 FR 55239, 10/15/19) AILA Doc. No. 19101504

 

Executive Order: “Promoting the Rule of Law Through Improved Agency Guidance Documents”

President Trump issued an executive order on 10/9/19 on agency guidance documents, which among other things requires that an agency post all its guidance documents in a single database on its website. (84 FR 55235, 10/15/19) AILA Doc. No. 19101505

 

DHS Final Rule Clarifying REAL ID Regulation

DHS final rule amending the REAL ID regulation to clarify that the 10/1/20 REAL ID deadline applies to all non-compliant cards, including state-issued driver’s licenses and identification cards marked to indicate that they may not be used for official federal purposes. (84 FR 55017, 10/15/19) AILA Doc. No. 19101500

 

EOIR Swears in 27 New Immigration Judges

EOIR announced the investiture of 27 new immigration judges appointed by Attorney General William Barr. Notice includes the judges’ biographical information. AILA Doc. No. 19101401

 

RESOURCES

 

 

EVENTS

   

 

ImmProf

 

Monday, October 21, 2019

Sunday, October 20, 2019

Saturday, October 19, 2019

Friday, October 18, 2019

Thursday, October 17, 2019

Wednesday, October 16, 2019

Tuesday, October 15, 2019

Monday, October 14, 2019

 

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

 

As always, thanks, Elizabeth, for all you do for the New Due Process Army and American Justice.

 

PWS

 

10-22-19

Related posts:

  1. THE GIBSON REPORT — 02-18-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  2. KEEP UP TO DATE WITH ALL OF THE REGIME’S LATEST ANTI-IMMIGRANT SCHEMES, GIMMICKS, & SHENANIGANS – THE GIBSON REPORT – 01-06-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  3. The Gibson Report — 04-13-20 — Compiled by Elizabeth Gibson, Esquire, NY Legal Assistance Group
  4. THE GIBSON REPORT — 10-05-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Federal Judge Rules Trump Not A Monarch; More Intentional Cruelty, Lies, & Threats Of Politically-Inspired Racist Attacks On Ethnic Communities From DHS; Trump Regime Dumps On Refugees & Commies; Cert. Granted In Credibility Case Apparently Seeking To Screw Refugees At Request Of SG; & Other “Interesting & Sometimes Disturbing Stuff”⚖️