THE GIBSON REPORT — 03-02-20 — Compiled by Elizabeth Gibson, Esquire, NY Legal Assistance Group

THE GIBSON REPORT — 03-02-20 — Compiled by Elizabeth Gibson, Esquire, NY Legal Assistance Group

TOP UPDATES

 

Federal judge rules Cuccinelli appointment unlawful

Politico: The order strikes down directives from Cuccinelli that sped up asylum-seekers’ initial screenings limited extensions of those hearings, on the grounds that Cuccinelli lacked authority to issue them.

 

New Rule Seems Designed to Halt Valid Immigration Court Petitions By Drastically Hiking Fees

AILA expressed serious concerns about a new proposed rule that would detrimentally impact individuals seeking a fair day in immigration court by drastically increasing fees required for forms submitted to EOIR. [Fee to appeal an immigration judge decision would go from $110 to $975.] AILA Doc. No. 20022800

 

Appeals court pauses its ruling that dealt major blow to administration’s immigration agenda

CNN: A federal appeals court temporarily allowed the Trump administration to continue sending migrants to Mexico to wait for their immigration hearings in the US, hours after issuing a ruling that ended the policy.

 

Sanctuary States, City Lose Appeal on Federal Grant Cuts

Courthouse News: Reversing a sweeping injunction, the Second Circuit gave the Justice Department a green light Wednesday to withhold funding from New York City and seven states in retaliation for their sanctuary policies on immigration. See also TRAC Reports That ICE Sent Detainers to 3,671 Law Enforcement Agencies in FY2019.

 

An Anti-Immigrant Law That Goes Too Far, Even for the Supreme Court

Slate: Remarkably, a majority of the justices seemed prepared to invalidate the statute, or at least dramatically narrow its scope. As hostile as this court is to immigrants, it may draw the line at a law that literally criminalizes immigration advocacy.

 

White House chief of staff Mick Mulvaney caught on tape saying US is “desperate” for more immigrants

Salon: He further undermined the administration’s claims of its economic prowess, admitting that immigration is necessary for sustained economic growth. See also U.S. population will decline faster without steady immigration, Census report says.

 

The Department of Justice Creates Section Dedicated to Denaturalization Cases

DOJ: The Denaturalization Section will join the existing sections within the Civil Division’s Office of Immigration Litigation—the District Court Section and the Appellate Section.  This move underscores the Department’s commitment to bring justice to terrorists, war criminals, sex offenders, and other fraudsters who illegally obtained naturalization.

 

The Trump Administration Is Gagging America’s Immigration Judges

Atlantic: For more than two years, immigration judges have been subject to a policy that more or less prevents them from performing an essential part of their civic duties: speaking publicly about their work.

 

The Absurdity and Danger of Trump’s Deal to Send Asylum Seekers to Guatemala

MJ: Since the first flight in November, the Trump administration has sent more than 700 Hondurans and Salvadorans to Guatemala, about 75 percent of whom are women and children.

 

An early look at the 2020 electorate

Pew: Taken together, this strong growth among minority populations means that a third of eligible voters will be nonwhite in 2020, up from about a quarter in 2000. This increase is at least partially linked to immigration and naturalization patterns: One-in-ten eligible voters in the 2020 election will have been born outside the U.S., the highest share since at least 1970.

 

TRAC Reports on Application of Public Charge Laws in Immigration Removal and Enforcement

Analyzing government records, TRAC found that, in the recent past, public charge laws have rarely been used to remove individuals from the U.S. and that there is “little data to suggest that America’s immigration enforcement institutions are awash in immigrants who are unable to be self-sufficient.” AILA Doc. No. 20022836

 

LITIGATION/CASELAW/RULES/MEMOS

 

I-765 and N/A N/A N/A None N/A

The I-765 instructions state that all questions must be answered or state “N/A” or (where the question asks for a numerical response, such as number of children) “none.” See also Updated Advisory: Blank Spaces on Form I-918, Petition for U Nonimmigrant Status

 

Page Limits and Laptops at EOIR

EOIR practice manual updates include a 25-page briefing limit and an electronic devices policy that permits the use of laptops. Reports indicate people have been able to use laptops at MCHs and Individuals in NYC. The index of updates starts on page 263 of the practice manual.

 

Attorney General Refers Case to Himself and Then Vacates Board’s Decision on Definition of “Torture”

The AG vacated the BIA’s decision granting deferral of removal under CAT and remanded for review, noting that the BIA should consider de novo respondent’s claim that it is more likely than not that he will be tortured upon return to Mexico. Matter of R-A-F-, 27 I&N Dec. 778 (A.G. 2020) AILA Doc. No. 20022701. See also The Real Message of Matter of R-A-F-.

 

BIA Affirms Ruling That Sexual Offense in Violation of a Maryland Statute Enacted to Protect Minors Is a CIMT

Reaffirming Matter of Jimenez-Cedillo, 27 I&N Dec. 1 (BIA 2017), the BIA ruled that sexual solicitation of a minor in violation of section 3-324(b) of the Maryland Criminal Law is categorically a crime involving moral turpitude. Matter of Jimenez-Cedillo, 27 I&N Dec. 782 (BIA 2020) AILA Doc. No. 20022735

 

Herrera-Reyes v. Barr

CA3: This case presents the question whether and under what circumstances threats of violence may contribute to a cumulative pattern of past persecution when not coupled with physical harm to the asylum-seeker or her family. We conclude the Immigration Judge and the Board of Immigration Appeals erred in holding that Petitioner Jeydi Herrera-Reyes— a Nicaraguan national who received death threats from members of the governing Sandinista Party after her home was burned down, a convoy in which she was traveling came under gunfire, and a political meeting she was organizing was robbed at gunpoint—had not suffered past persecution within the meaning of the asylum statute. We will therefore grant the petition for review and vacate and remand to the BIA.

 

Ali v. Barr

CA5: Nadeem Ali lost his status as a legal permanent resident (“LPR”) when he was convicted of certain drug offenses. He challenges that result by arguing that—at the time of his drug convictions—he was both an LPR and an asylee. The Board of Immigration Appeals (“Board” or “BIA”) disagreed. So do we.

 

Supreme Court Says Bivens’ Holding Does Not Extend to Claim Based on Cross-Border Shooting by CBP Agent of Mexican Teen

The Supreme Court refused to extend a claim under Bivens v. Six Unknown Fed. Narcotics Agents into the new context of cross-border shootings, finding that the family of a Mexican teen could not pursue a damages suit against the CBP agent who shot him. (Hernandez v. Mesa, 2/25/20) AILA Doc. No. 20022601

 

Argument preview: What process is due in streamlined administrative procedures?

SCOTUSblog: Department of Homeland Security v. Thuraissigiam, which will be argued on March 2, raises important questions about whether asylum-seekers may challenge mistakes made during the expedited removal process.

 

DHS employee told to report to work in Newark after China travel, in violation of coronavirus quarantine, complaints say

WaPo: A Department of Homeland Security employee who returned from travel to China was told by her supervisor to report to her workplace in early February in apparent violation of a mandatory 14-day coronavirus quarantine period, according to complaints filed Friday by the union that represents the woman’s co-workers.

 

Safe Horizon and ASISTA File FOIA Request Seeking Immigration Policy Data Related to U-Visa Adjudications

Safe Horizon and ASISTA filed a Freedom of Information Act (FOIA) request with USCIS for immigration policy data on the adjudication of U visa petitions and adjustment of status applications for those granted U visa status. AILA Doc. No. 20022832

 

USCIS Issues Alert on Rescheduling Appointments Due to Coronavirus (COVID-19)

USCIS issued an alert advising individuals to follow instructions on the appointment notice and to reschedule appointments or interviews with USCIS if they were in China within 14 days of their appointment; believe they may have been exposed to COVID-19; or are experiencing flu-like symptoms. AILA Doc. No. 20022736

 

Presidential Proclamation on the Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus

President Trump issued a proclamation that, with some exceptions, suspends and limits entry into the U.S., as immigrants or nonimmigrants, of persons who were physically present in Iran during the 14-day period preceding their entry/attempted entry. This proclamation also amends Proclamation 9984. AILA Doc. No. 20030235

 

USCIS Issues Policy Guidance on the Effect of Breaks in Continuity of Residence on Eligibility for Naturalization

USCIS issued policy guidance clarifying that naturalization applicants absent from the U.S. during the statutory period for more than six months but less than a year must overcome the presumption that the continuity of residence has been broken in order to remain eligible for naturalization. AILA Doc. No. 20022634

 

USCIS Announces Re-Registration Period Now Open for Current TPS Beneficiaries Under Yemen’s Designation

USCIS announced that current beneficiaries of TPS under Yemen’s designation who want to maintain their status through 9/3/21 must re-register between 3/2/20 and 5/1/20. USCIS will issue new EADs with a 9/3/21 expiration date to eligible beneficiaries who timely re-register and apply for an EAD. AILA Doc. No. 20030231

 

RESOURCES

 

• Updated Advisory: Blank Spaces on Form I-918, Petition for U Nonimmigrant Status
• Gangs and Modern-Day Slavery in El Salvador, Honduras and Guatemala: A Non-Traditional Model of Human Trafficking
• Preparing Your Practice for Public Charge Cases
• ‘How do I convince the Home Office I’m a lesbian?’
• Practice Pointer: Requesting to Interfile or Transfer the Preference Category of a Pending I-485 Application
• USCIS Issues Policy Alert on Implementation of Guidance on Inadmissibility on Public Charge Grounds
• Six Personal and Office Management Questions to Ask When Feeling Overwhelmed
• AIC fact sheet on sanctuary policies
• Public Charge Update: Review of DOS Implementation
• Reverse Migration to Mexico Led to US Undocumented Population Decline: 2010 to 2018
• No Safe Harbor: The Landscape of Immigration Legal Services in New York

 

EVENTS

 

• 3/3/20 Promoting Due Process for Immigrants in New York: RSVP to Renuka Sawhney rsawhney@Vera.org by COB today
• 3/4/20 Incarceration and Detention: Examining the Mass Incarceration and Detention Privatization Movement and Implications for the Public’s Health
• 3/5/20 Homeland Security Investigations And Human Trafficking
• 3/10/20 Webinar: Does ICE have access to your driver’s license data?
• 3/11/2020 New York’s Promise Package Lobby Day
• 3/16/20 BIA Appeals
• 3/18/20 Victory for Liberians in the U.S.: Deferred Enforced Departure, A Pathway to Citizenship, and An Immigration Success Story
• 3/19/20 2020 Updates and Hot Topics in Family-Based Adjustment of Status Cases
• 3/22-24/20 NITA Advocacy in Immigration Matters
• 3/23-27/20 Defenders’ Academy
• 3/26/20 How to Build a Better Affidavit- Literary Techniques for Legal Writing.
• 3/30/20 Analyzing Criminal Records for Immigration Cases
• 3/30/20 40-Hour Overview of Immigration Law
• 4/30/20 2020 Federal Court Litigation Conference
• 7/23/20 Defending Immigration Removal Proceedings 2020
• 10/1/20 Representing Children in Immigration Matters 2020: Effective Advocacy and Best Practices

 

ImmProf

 

Monday, March 2, 2020

• Immigration Article of the Day: Revisiting Economic Assimilation of Mexican and Central American Immigrants in the United States by Giovanni Peri and Zachariah Rutledge
• Asian American lawmakers are calling on their colleagues to halt the spread of rumors regarding coronavirus, in an effort to curb the rising xenophobia and discrimination tied to the illness
• The Michigan Compact on Immigration: Business leaders release ‘Michigan Compact’ in support of immigration

Sunday, March 1, 2020

• Judge rules Cucinelli unlawfully appointed to run DHS
• Your Playlist: Meklit
• Trump calls coronavirus criticism Democrats’ ‘new hoax’ and links it to immigration

Saturday, February 29, 2020

• The Trump Administration Is Gagging America’s Immigration Judges
• Undocumented, Black, and Unseen
• Trump Immigration Measures Suffer Setbacks in the Ninth Circuit
• Ninth Circuit Refuses to Vacate Sheriff Joe’s Contempt Conviction
• Urban Institute: Date on the Children of Immigrants
• Scholarship Opportunity for Immigrant Students

Thursday, February 27, 2020

• Proving Sexuality
• CU Colloquium Features Research on Citizenship: Mapping Citizenship by Carolina Nunez and Rejecting Citizenship by Rose Cuison-Villazor
• Growing influence of newly-naturalized voters
• Newsweek: Democrats Must Hold Immigration Debate on How They Plan to Stop ‘White Supremacists’ Shaping Policy, Advocates Say
• Second Circuit Rules for Trump Administration in Sanctuary Cities Case

Wednesday, February 26, 2020

• Berkeley Law: 2020 Riesenfeld Symposium — Borderline: Problems and Perspectives in Global Migration
• Teaching Padilla
• Immigration Article of the Day: Reverse Migration to Mexico Led to US Undocumented Population Decline: 2010 to 2018 by Robert Warren
• The Department of Justice Creates Section Dedicated to Denaturalization Cases
• Amy Klobuchar’s record as a DA: Anti-immigrant, anti-people of color?
• Justices Seem Inclined to Find Immigration Criminal Statute to Violate the First Amendment

Tuesday, February 25, 2020

• U.S. Supreme Court argument preview: What process is due in expedited removal?
• Conference: NYU School of Law — Immigration, Equal Protection, and the Promise of Racial Justice The Legacy of Jean v. Nelson
• Legal migration to decline by one-third due to Trump policies
• Breaking News: Supreme Court decides cross border shooting case
• DHS Implements Inadmissibility on Public Charge Grounds Final Rule
• Legal immigration will decline by 30 percent next year due to Trump policies, report projects
• Supreme Court argument preview: Do federal courts have jurisdiction to review a challenge to an administrative denial of relief under the Convention Against Torture?

Monday, February 24, 2020

• White House chief of staff Mick Mulvaney caught on tape saying US is “desperate” for more immigrants
• Refugee Docents Help Bring A Museum’s Global Collection To Life
• Rothgerber Conference Women’s Enfranchisement: Beyond the 19th Amendment at CU Boulder
• Supreme Court to Hear Oral Argument in First Amendment/Immigration Case
• Federal Court Stops DHS From Arresting US Citizens’ Foreign Spouses During Marriage Interviews
• Visa Indefinitely Delayed for German visiting professor, unable to enter U.S.
• From the Bookshelves: The Readmission of Asylum Seekers under International Law by Mariagiulia Giuffré

 

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Thanks, Elizabeth, for keeping us abreast of all the regime’s assaults on humanity, and then many successful counterattacks being led by the New Due Process Army!

PWS

03-04-20