"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt. To see my complete professional bio, just click on the link below.
GET THE LATEST SKINNY ON THE REGIME’S ANTI-IMMIGRANT AGENDA HERE: The Gibson Report — 11-25-19 — Compiled By Elizabeth Gibson Esquire, NY Legal Assistance Group
Elizabeth Gibson Attorney, NY Legal Assistance Group Publisher of “The Gibson Report”
ProPublica: A federal judge ruled Tuesday that migrants couldn’t be barred from asylum under a regulation that came out while they were waiting at the U.S.-Mexico border. The administration appears to be dragging its feet in complying.
USCIS issued policy guidance on the application of Matter of Stockwell, clarifying when USCIS may adjust the status of an individual whose Conditional Permanent Resident (CPR) status has been terminated. An immigration judge does not need to affirm the termination of CPR status before the individual can file a new adjustment of status application. This guidance applies to adjustment of status applications filed with USCIS on or after 11/21/19. Comments are due by 12/5/19. AILA Doc. No. 19112190
Intercept: A jury found Scott Warren not guilty in the government’s second attempt to lock him up for providing humanitarian aid on the border in Arizona.
AP: The lawsuit filed by the American Civil Liberties Union recounts the experiences of the freelance photographers and seeks to test the limits of U.S. officials’ broad authority to question anyone, including journalists, entering the country.
ImmProf: The Supreme Court has agreed to take up United States v. Sineneng-Smith this term, a case that concerns a little-used provision of immigration law that forbids “encourag[ing] or induc[ing] an alien to … reside in the United States” when the encourager knows that person has no legal status.
Pursuant to 8 C.F.R. §1003.1(h)(1)(i), I direct the Board of Immigration Appeals (“Board”) to refer this case to me for review of its decision. The Board’s decision in this matter is automatically stayed pending my review. See Matter of Haddam, A.G. Order No. 2380-2001 (Jan. 19, 2001). To assist me, I invite the parties and interested amici to submit briefs that address whether an alien who has been convicted of a criminal offense necessarily has been convicted of an aggravated felony for purposes of 8 U.S.C. §1227(a)(2)(A)(iii), where all of the elements of the underlying statute of conviction, and thus all of the means of committing the offense, correspond either to an aggravated felony theft offense, as defined in 8 U.S.C. §1101(a)(43)(G), or to an aggravated felony fraud offense, as defined in 8 U.S.C. §1101(a)(43)(M)(i).
DHS published a copy in the Federal Register of the Agreement Between the Government of the United States of America and the Government of the Republic of Guatemala on Cooperation Regarding the Examination of Protection Claims, which was signed on 7/26/19. (84 FR 64095, 11/20/19)
EOIR issued PM 20-04, with guidelines regarding new regulations providing for the implementation of the Asylum Cooperative Agreements. Guidance is effective as of 11/19/19 and applies to individuals who arrive at U.S. ports of entry, or enter, or attempt to enter on or after 11/19/19. AILA Doc. No. 19112036
EOIR issued PM 20-03 memorializing EOIR’s policy regarding child advocates appointed by the Secretary of Health and Human Services under the TVPRA of 2008, stating that this authority only exists for “child trafficking victims and other vulnerable unaccompanied alien children,” not for all UACs. AILA Doc. No. 19112035
USCIS updated the USCIS Policy Manual regarding the Special Immigrant Juvenile classification to incorporate recent clarifications made in three adopted AAO decisions. Clarifications are effective immediately and apply to cases pending on or filed on or after 11/19/19. Comments are due by 12/3/19. AILA Doc. No. 19111932
EOIR final rule exempting the “OCAHO Case Management System” system of records from certain provisions of the Privacy Act. The rule is effective 12/23/19. (84 FR 64198, 11/21/19) AILA Doc. No. 19112130
So many ways to screw migrants out of their rights and lives. So many unethical government officials doing it. So many Article III Judges looking the other way.
