THE GIBSON REPORT — 01-04-21 — Compiled by Elizabeth Gibson, Esquire, NY Legal Assistance Group — Documenting Immigration Events In The Waning Days Of The Kakistocracy! 🏴‍☠️☠️⚰️👎🏻

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

COVID-19

Note: Policies are rapidly changing, so please verify information on the relevant government websites and with colleagues as best you can.

 

EOIR Status Overview & EOIR Court Status Map/List: Hearings in non-detained cases at courts without an announced date are postponed through, and including, January 22, 2021 (no change from last week posted at this time, possibly due to holidays). NYC non-detained remains closed for hearings.

 

TOP NEWS

 

Feds Can’t Back Out of Landmark Deal Protecting Immigrant Children

CN: The Trump administration failed to satisfy the requirements of a landmark settlement when it sought to impose new rules governing the detention and release of immigrant children in federal custody and therefore cannot terminate the agreement, a Ninth Circuit panel ruled Tuesday.

 

Ninth Circuit Rules Trump Can Ban Immigrants Without Health Insurance

CN: In a 2-1 decision penned by U.S. Circuit Judge Daniel Collins, a Trump appointee, the appellate court ruled that the proclamation was within the president’s authority and reversed a federal court decision to block implementation of the order.

 

President Trump extends immigrant and work visa limits into Biden presidency

CBS: Through a proclamation issued 20 days before Inauguration Day, Mr. Trump ordered a three-month extension of the visa restrictions, which were first enacted in April as a ban on some prospective immigrants and expanded in June to also halt several temporary work programs.

 

U.S. Congress Extends DED Program For Liberian Immigrants

FPA: Subsumed within the $900 billion spending bill passed by Congress on Dec. 21, 2020, was a provision extending the Liberian Refugee Immigration Fairness program, or LRIF, for one more year

 

Immigration lawyers worry in-person appearances at Eloy court will increase COVID-19 risk

AZ Republic: Immigration lawyers are upset over a recent decision that forces a return to appear in-person for hearings at the Eloy Immigration Court amid a rising number of COVID-19 cases in Arizona. The development comes as nearly two dozen immigration courts across the country have had to close in recent weeks for cleaning after possible exposure to COVID-19.

 

U.S. immigration arrests down 27% in 2020, a trend activists hope Biden will continue

Reuters: U.S. immigration arrests fell by 27% in 2020 as the coronavirus pandemic led to fewer border crossings and reduced operations, a falloff that pro-immigrant activists say should continue when President-elect Joe Biden takes office in January.

 

New Jersey Undocumented Immigrants Can’t Get Driver’s Licenses Yet

Documented: The COVID-19 pandemic delayed implementation of New Jersey’s law to allow residents without legal status to get driver’s licenses.

 

LITIGATION/CASELAW/RULES/MEMOS

 

February argument calendar includes immigration cases

SCOTUSblog: Biden has pledged to end both construction of the wall and the “remain in Mexico” policy, although it is not clear when he will do so. Perhaps as a nod to the possibility that the oral arguments in both cases could be canceled, the two cases were both scheduled on the same day as another argument – the only two days of the argument session with two arguments.

 

CA1 Upholds Withholding of Removal Denial to Honduran Petitioner Who Claimed He Was Persecuted by Local Police

The court held that substantial evidence supported the BIA’s denial of withholding of removal to petitioner where he had failed to establish a nexus between his treatment by the police and his membership in the particular social group of his immediate family. (Ruiz-Varela v. Barr, 12/23/20) AILA Doc. No. 20123106

 

CA1 Upholds Denial of Asylum to Petitioner with Proposed Social Group of “Guatemalan Women”

Rejecting the petitioner’s argument that her asserted persecution was based on membership in a proposed social group consisting of “Guatemalan women,” the court found that the scope of the petitioner’s persecution did not extend beyond a personal vendetta. (Pojoy-De León v. Barr, 12/21/20) AILA Doc. No. 20123105

 

CA9 Upholds Presidential Authority to Issue Healthcare Insurance Proclamation

The court reversed an injunction of PP 9945, which requires IV applicants to demonstrate acquisition of health insurance or ability to pay for future healthcare costs. The court found the proclamation within the president’s executive authority. (Doe, et al., v. Trump, et al., 12/31/20) AILA Doc. No. 21010436

 

USCIS Provides Guidance on Completing Form I-9 for Employees with Extended Work Authorization Under DACA

USCIS provided guidance for completing Form I-9 for employees with extended work authorization under DACA. Per USCIS, employees may present their unexpired EAD with category code C33 issued on or after 7/28/20, along with an I-797 Extension Notice showing a one-year extension under DACA. AILA Doc. No. 21010431

 

USCIS Announces Extension of Filing Period for Liberian Refugee Immigration Fairness Program

USCIS announced that the filing period for certain Liberian nationals and certain family members to apply for adjustment of status under the Liberian Refugee Immigration Fairness (LRIF) provision has been extended from one year to two years. USCIS must now receive applications by December 20, 2021. AILA Doc. No. 20123107

 

Presidential Proclamation Suspending Entry of Immigrants and Nonimmigrants Who Continue to Present a Risk to the United States Labor Market

President Trump issued a proclamation continuing Proclamations 10014 and 10052, which suspended the entry of certain immigrants and nonimmigrants into the United States in light of the COVID-19 pandemic. The proclamations have been continued until March 31, 2021. AILA Doc. No. 21010100

 

President Trump Issues Memorandum Extending Memorandum on Visa Sanctions

President Trump issued a memorandum extending his 4/10/20 memorandum imposing visa sanctions on any country that denies or delays the acceptance of its citizens after being asked to accept them during the COVID-19 pandemic. The memorandum will continue in force until terminated by the President. AILA Doc. No. 20123103

 

DOS Provides Update Regarding Presidential Proclamations Suspending Entry of Certain Immigrants and Nonimmigrants

DOS provided an update on the extension of Presidential Proclamations 10014 and 10052. The proclamations have been extended until March 31, 2021. AILA Doc. No. 20042435

 

EOIR Issues Memo Cancelling Certain Operating Policies and Procedures Memoranda

EOIR issued a memo (PM 21-12) rescinding and cancelling Operating Policies and Procedures Memoranda (OPPM) 90-09 and 91-1 concerning El Salvadoran and Guatemalan cases subject to temporary protected status and settlement in American Baptist Churches v. Thornburgh and ABC v. Thornburgh. AILA Doc. No. 21010430

 

DOJ’s Immigration Court Practice Manual (Updated on 12/31/20)

(New Chapter 7.5 on ABC Class Members and NACARA)

On December 31, 2020, the OCIJ updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before immigration courts. AILA Doc. No. 21010435

 

USCIS Withdrawal of Request for Comments on Proposed Revisions to Form I-821D

USCIS notice withdrawing a previous notice published at 85 FR 72682 on 11/13/20, which requested comments on proposed revisions to Form I-821D, Consideration of Deferred Action for Childhood Arrivals. (85 FR 86946, 12/31/20) AILA Doc. No. 20123100

 

DOS Announces Phased Resumption of Routine Visa Services

DOS updated its announcement and FAQs on the phased resumption of visa services, noting that resumption would occur on a post-by-post basis, but that there are no specific dates for each mission. DOS also announced that it has extended the validity of Machine Readable Visa (MRV) fees to 9/30/22. AILA Doc. No. 20071435

 

DOS Expands Interview Waiver Eligibility

DOS announced that it has temporarily expanded consular officers’ ability to waive in-person interviews for individuals applying for a nonimmigrant visa in the same classification. Applicants whose nonimmigrant visas expire within 24 months are now eligible. The policy is effective until 3/31/21. AILA Doc. No. 20082503

 

RESOURCES

 

 

EVENTS

 

 

ImmProf

 

Monday, January 4, 2021

Sunday, January 3, 2021

Saturday, January 2, 2021

Friday, January 1, 2021

Thursday, December 31, 2020

Wednesday, December 30, 2020

Tuesday, December 29, 2020

Monday, December 28, 2020

 

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

Looking forward to your report for the week of January 25, 2021, Elizabeth!  Thanks for all you and those around you have done to “keep the due process fires”⚖️🔥 burning during the darkness of the last four years of cruelty, human rights abuses, scofflaw officials, and unrestrained kakistocracy. I see some light at the end of the tunnel here, although there is still lots of work to be done!

Due Process Forever!⚖️🗽🇺🇸

PWS

01-06-21

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