THE GIBSON REPORT – 08-10-20 – Compiled By Elizabeth Gibson Esquire, NY Legal Assistance Group — Get The Lowdown On The Racist Regime’s Latest Schemes & Shenanigans, Plus Other News!

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

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TOP NEWS

 

What’s wrong with the mail

Vox: The United States Postal Service is dealing with crippling backlogs of letters and packages. A postmaster in upstate New York recently told their union that the regular mail was two days behind and, for the first time in their career, Express Priority Mail was not going out on time. Despite a surge in package delivery during the pandemic, postal workers are no longer able to work overtime, and fewer mail trucks are on the road. If your own mail seems delayed or unpredictable, it’s not a one-off problem.

 

As U.S. expels migrants, they return, again and again, across Mexico border

WaPo: A recent surge in arrests along the Mexico border has been partly driven by soaring numbers of migrants trying to enter the United States again and again, as emergency pandemic measures that rapidly “expel” most detainees have had the unintended consequence of allowing them to try repeat illegal crossings, according to two Department of Homeland Security officials with knowledge of the unpublished statistics.

 

The Trump administration’s no-blanks policy is the latest Kafkaesque plan designed to curb immigration

WaPo: In late June, new fine print appeared on USCIS’s website. It said the no-blanks policy would extend to at least one document that must be filled out by law enforcement officials — someone over whom immigrants and their lawyers had no control. These officials must complete and sign a form certifying that immigrants applying for the crime-victim (U) visa are assisting with an investigation or prosecution.

 

Hundreds Of Thousands Of Immigrants May Miss Out On Voting Amid Naturalization Delays

NPR: By Rand’s analysis, there are more than 300,000 people who in years past would be naturalized in time to vote but will almost certainly miss out this year.

 

Netflix’s Immigration Nation is a grueling, maddening, and essential watch

AVClub: The six-part docuseries was filmed over three years and made with the full cooperation of ICE, at least initially: According to the New York Times, the administration tried to delay the Netflix series’ release until after the presidential election once ICE officials got a look at the filmmakers’ drafts.

 

Nonprofits Supporting Immigrants Suffer From State Budget Cuts

DocumentedNY: A coalition of 78 organizations expressed “grave concern” about payment freezes and underscored the urgency of maintaining funding for the New York Immigration Family Unity Project and the Liberty Defense Project, as well as its $10 million allocation to the budget for the 2021 fiscal year.

 

Trump’s wealth test for citizenship targets people of color

The Hill: Recent research from Stanford University’s Immigration Policy Lab suggests that just making the form low-income immigrants use to apply for a fee waiver more complex would reduce annual naturalization applications by as much as 10 percent.

 

The U.S. hired me to protect refugees. Now it tells me to abandon them.

WaPo: The past few years of executive orders, regulations and proclamations have made it virtually impossible for refugee and asylum officers to do our jobs and offer protection to those who need it.

 

17th immigrant dies in ICE custody, twice as many as last fiscal year

NBC: A 72-year-old Canadian man who had tested positive for the coronavirus died in ICE custody on Wednesday night at a Virginia hospital, the agency said Friday in a statement.

 

Joe Arpaio Loses Primary For His Old Job As Sheriff

HuffPo: Arpaio, the infamous anti-immigrant former sheriff who received a Trump pardon after being criminally convicted, won’t be getting his old job back.

 

Former President George W. Bush pays tribute to immigrants with a new book of paintings

Upworthy: Bush is celebrating American immigrants with a new book of paintings “Out Of Many, One: Portraits of America’s Immigrants” which will be published on March 2. It includes 43 portraits by the 43rd president. Many of the subjects are people he knows personally. It’s hard not to notice the political statement the book makes coming out at time when the current Republican president, and party at-large have, made anti-immigrant sentiment a big part of their collective identity.

 

LITIGATION/CASELAW/RULES/MEMOS

 

District Court Extends TRO in Class Action Challenging Delay in Issuance of EADs to August 24, 2020

On 8/6/20, the U.S. District Court for the Southern District of Ohio (Eastern Division) extended the TRO until 8/24/20 to permit counsel for the Plaintiff and USCIS to negotiate the terms of a consent decree. (Subramanya, et al., v. USCIS, et al., 8/6/20) AILA Doc. No. 20080438

 

BIA Issues Decision on Requirement to Notify Immigration Court of Correct Address

BIA ruled that reopening of proceedings to rescind removal based on improper notice is not warranted for an individual who was personally served with an NTA advising of requirement to notify the court of correct address and failed to do so. Matter of Nivelo Cardenas, 28 I&N Dec. 68 (BIA 2020) AILA Doc. No. 20080532

 

CA1 Upholds Denial of Deferral of Removal to Venezuelan Petitioner Who Feared Retaliation by Drug Traffickers

The court held that, based on the administrative record, the Venezuelan petitioner, who had been convicted of heroin trafficking and found removable under INA §101(a)(43)(B), was ineligible for deferral of removal under the Convention Against Torture. (Sanabria Morales v. Barr, 7/24/20) AILA Doc. No. 20080631

 

CA2 Upheld Prior Injunction on DHS Public Charge But Modified the Scope of the Injunction

The court upheld a preliminary injunction of the DHS public charge final rule but limited the scope to the states of New York, Connecticut, and Vermont. Note: this decision does not impact the July 29, 2020, nationwide injunction. (Make the Road New York, et al. v. Cuccinelli, 8/4/20) AILA Doc. No. 20080437

 

CA2 Finds Chinese Asylum Seeker Failed to Sufficiently Explain Inconsistencies in His Testimony

The court upheld the BIA’s asylum denial, finding that petitioner, who feared religious persecution in China, had failed to sufficiently explain inconsistencies in his testimony, and that the IJ’s adverse credibility determination was supported by substantial evidence. (Gao v. Barr, 7/28/20) AILA Doc. No. 20080633

 

CA2 Rejects Petitioner’s Argument That Former INA §321(a)(3) Violated His Right to Equal Protection

Upholding the BIA’s denial of the petitioner’s motion to reopen, the court held that it was bound by its precedent in Pierre v. Holder to reject the petitioner’s argument that former INA §321(a)(3) unconstitutionally discriminates on the basis of sex. (Dale v. Barr, 7/23/20) AILA Doc. No. 20080632

 

CA3 Says BIA Misapplied Court’s Precedent When It Determined That Honduran Asylum Seeker Did Not Establish Persecution

The court held that the BIA and IJ had misstated the court’s precedent in three ways in determining that the harm the Honduran petitioner had suffered did not rise to the level of past persecution, including by requiring him to show severe physical harm. (Blanco v. Att’y Gen., 7/24/20) AILA Doc. No. 20080732

 

CA4 Overturns a District Court’s Nationwide Injunction of DHS Public Charge Rule

The court overturned a district court injunction and held that the DHS Public Charge Rule is a permissible interpretation of the INA’s public charge provision. Note: this decision does not impact the July 2020, nationwide injunction. (Casa de Maryland, Inc., et al. v. Trump, et al., 8/5/20) AILA Doc. No. 20080636

 

CA5 Finds Petitioner Failed to Demonstrate Materially Changed Country Conditions in India Based on Persecution of His Caste

The court held that the petitioner, who claimed that violence against his Dalit caste in India had worsened since his removal order was issued, had failed to establish the materially changed country conditions necessary to succeed on a successive motion to reopen. (Deep v. Barr, 7/27/20) AILA Doc. No. 2008073

 

CA5 Finds Substantial Evidence Supported IJ’s Adverse Credibility Determination as to LGBT Asylum Seeker from El Salvador

The court upheld the BIA’s finding that the IJ’s adverse credibility determination was not clearly erroneous under the totality of the circumstances, and found that the Salvadoran petitioner could not prevail on his due process claim. (Santos-Alvarado v. Barr, 7/21/20) AILA Doc. No. 20080733

 

USCIS Provides Information on Injunction of the Public Charge Grounds Final Rule

USCIS stated that due to the July 2020, district court injunction of its public charge final rule, it will not reject any Form I-485 on the basis of the inclusion or exclusion of Form I-944, nor Forms I-129 and I-539 based on whether Part 6, or Part 5, respectively, has been completed or left blank. AILA Doc. No. 20073140

 

EOIR Announces Three New Appellate Immigration Judges

EOIR announced the appointment of Michael P. Baird, Sunita B. Mahtabfar, and Sirce E. Owen as appellate immigration judges in EOIR’s Board of Immigration Appeals. Notice includes the judges’ biographical information. AILA Doc. No. 20081030

 

President Trump Signs Executive Order on Federal Contracting and Hiring Practices

Executive order on federal contracting and hiring practices, directing federal agencies to review federal contracts; assess any negative impact of contractors’ use of temporary foreign labor or offshoring of work on U.S. workers; and to take corrective action, if necessary. (85 FR 47879, 8/6/20) AILA Doc. No. 20080309

RESOURCES

EVENTS

 

Note: Check with organizers regarding cancellations/changes

 

ImmProf

 

Monday, August 10, 2020

Sunday, August 9, 2020

Friday, August 7, 2020

Thursday, August 6, 2020

Wednesday, August 5, 2020

Tuesday, August 4, 2020

Monday, August 3, 2020

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Thanks, Elizabeth!

 

PWS

 

08-11-20

Related posts:

  1. BIA SEEKS TO REPEAL CAT BY MISINTERPRETATION; MUSALO’S FACT FINDING MISSION TO EL SALVADOR SHOWS MALICIOUS ABSURDITY OF REGIME’S BOGUS “SAFE THIRD COUNTRY” ASSAULT ON HUMAN RIGHTS; 9th & 11th CIRCUITS CONTINUE TO TANK ON THE RULE OF LAW; & OTHER LEGAL NEWS ABOUT THE WHITE NATIONALIST REGIME & THE RESISTANCE — The Gibson Report — 12-10-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  2. THE GIBSON REPORT — 03-02-20 — Compiled by Elizabeth Gibson, Esquire, NY Legal Assistance Group
  3. THE GIBSON REPORT — 06-22-20 – Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group – WORLD REFUGEE DAY WAS JUNE 20 – AMERICA’S TRUMP REGIME CELEBRATED BY ADVANCING A DISINGENUOUS RACIST ATTACK ON WORK AUTHORIZATION FOR ASYLUM SEEKERS – Just A Few Days After 8 Justices of Supremes Claimed Cluelessness About Trump’s Racist Immigration Agenda! (See, Item #2 Under “Top News”)
  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”⚖️