THE GIBSON REPORT 01-11-21 — THE DISHONOR 👎🏻 ROLL🧻: Immigration Kakistocracy Attempts To Keep Rolling Out The “Crimes Against Humanity,”☠️🤮 Even As Neo-Nazi Regime ☠️⚰️ & GOP Apologists Disintegrate Into A Failed Insurrection 🏴‍☠️Against America! — Biden Must Restore Integrity, Competence, & Loyalty To Government 🇺🇸⚖️☠️ — EOIR “Clown Show” Must Be One Of The First (But Certainly Not Last) 🤡🦹🏿‍♂️ To Go — DHS also Needs Top To Bottom “Clean Out!”🧹🪠

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, February 5, 2021. NYC non-detained remains closed for hearings.

 

TOP NEWS

 

Judge blocks wide-ranging asylum limits, finding DHS chief did not have authority to issue them

CBS: Another federal judge on Friday ruled that Chad Wolf was likely unlawfully appointed to his position at the helm of the Department of Homeland Security (DHS), issuing a decision that blocked a set of broad asylum limits slated to take effect Monday.

 

Trump Announced He Withdrew The Nomination Of Chad Wolf To Run DHS After He’d Criticized The Capitol Riot

Buzzfeed: White House officials said the withdrawal, taking place two weeks before the end of Trump’s term, was not connected to Wolf’s statement.

 

Trump’s refugee resettlement policy blocked by federal appeals court

WaPo: The U.S. Court of Appeals for the 4th Circuit said the administration’s policy undermines the national resettlement program created four decades ago by Congress.

 

Biden plans to nominate Merrick Garland as his attorney general

WaPo: President-elect Joe Biden plans to nominate federal judge Merrick B. Garland, a Democratic casualty of the bitter partisan divide in Washington, to be the next attorney general, tasked with restoring the Justice Department’s independence and credibility, according to people familiar with the decision.

 

Despite Senate Wins, Broad Immigration Reform Still Far Off

Law360: Democratic victories in Georgia’s heated Senate runoffs gave the party a slim majority in Congress, but without enough votes to end a filibuster.

 

To stay or to go?

WaPo: More than 2,500 detainees, most with no serious criminal history, have given up their cases since March, according to records from the Transactional Records Access Clearinghouse, a research group at Syracuse University. Those records also show that detainees put in deportation proceedings in July 2020 were twice as likely to opt for voluntary departure than those from a year before.

 

First new DACA applications approved in final weeks of 2020

WaPo: Over 170 new applicants have become the first individuals in several years to win approval to the Obama-era Deferred Action for Childhood Arrivals program for immigrants brought to the U.S. as young people, the U.S. government revealed in a court filing Monday.

 

Honduras president took bribes from drug traffickers, US prosecutors say

Guardian: US federal prosecutors have filed motions saying the Honduran president, Juan Orlando Hernández, took bribes from drug traffickers and had the country’s armed forces protect a cocaine laboratory and shipments to the US.

 

Governor Cuomo Outlines 2021 Agenda: Reimagine | Rebuild | Renew

NY: This year, Governor Cuomo will continue to support the Liberty Defense Project to keep fighting for immigrants seeking a better life for themselves and their families. New York’s strength, character, and pride are found in the diversity and rich culture that makes us the Empire State.

 

LITIGATION/CASELAW/RULES/MEMOS

 

District Court Issues Nationwide Preliminary Injunction Against New Asylum Regulations

A federal district court in California preliminarily enjoined the government from implementing, enforcing, or applying the 12/11/20 final rule, “Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review.” (Pangea Legal Services, et al. v. DHS, et al., 1/8/21) AILA Doc. No. 21011107

 

EOIR Issues Policy Memo on Continuances

EOIR issued a memo (PM 21-13) updating and replacing OPPM 17-01, Continuances, to account for legal and policy developments subsequent to its issuance. The memo provides a non-exhaustive list of legal and policy principles as an aid to adjudicators considering common types of continuance requests. AILA Doc. No. 21011101

 

High Court Nixes 9th Circ. On Asylum-Seekers’ Bond Hearings

Law360: The U.S. Supreme Court on Monday threw out a Ninth Circuit ruling that detained asylum seekers who clear an initial fear screening must be given a prompt bond hearing, sending the case back to the appeals court for reconsideration.

 

SCOTUS grants cert in TPS case

SCOTUSblog: The case asks whether a grant of Temporary Protected Status authorizes eligible noncitizens to obtain lawful-permanent-resident status if those noncitizens originally entered the United States without being “inspected and admitted” – a term of art referring to lawful entry and authorization by an immigration officer.

 

The Solicitor General’s Extraordinary Push to Place Even More Immigration Cases on the Supreme Court Docket

ImmProf: There are four immigration related cases set to be considered, with three being petitions by the government (more SG petitions on distinct immigration issues than one would usually expect in the course of an entire year), and the other involving a case in which the SG is agreeing that certiorari is appropriate (also a rare position for the SG).  The SG’s position in each of these cases shows an unusual aggressiveness towards the role of the Supreme Court.

 

BIA Rules on Adverse Credibility Findings Based on Fraudulent Documents

The BIA found that IJs may find a document to be fraudulent without forensic analysis if it contains obvious defects or readily identifiable hallmarks of fraud, and the party submitting the document is given an opportunity to explain the defects. Matter of O-M-O-, 28 I&N Dec. 191 (BIA 2021) AILA Doc. No. 21010801

 

CA3 Holds That Conspiracy to Commit Fraud of Over $10,000 in Intended Losses Is an Aggravated Felony

The court held that a conspiracy or attempt to commit fraud or deceit involving over $10,000 in intended losses is an aggravated felony, and remanded to determine whether petitioner’s convictions under 18 USC §1037(a) reflected over $10,000 in intended losses. (Rad v. Att’y Gen., 12/21/20) AILA Doc. No. 21010500

 

CA3 Finds Conferral of TPS Does Not Constitute an Admission

The court reversed the district court opinion and disagreed with CA6 and CA9 interpretations of the statute, by holding that a grant of TPS does not constitute an “admission” into the United States under INA §1255. (Sanchez v. Wolf, 7/22/20) AILA Doc. No. 21011100

 

CA8 Upholds Denial of Petitioner’s Motion to Reopen Removal Proceedings Based on Changed Country Conditions in Somalia

The court upheld the BIA’s denial of petitioner’s motion to reopen based on changed country conditions in Somalia, finding that the BIA did not fail to consider al-Shabaab’s increase in power or ISIS-Somalia’s emergence and growing violence from 2011 to 2018. (Mohamed v. Barr, 12/23/20) AILA Doc. No. 21010502

 

CA9 Finds Petitioner’s Proposed Social Group of “Known Drug Users” Lacked Particularity

The court held that the Vietnamese petitioner had waived review of the BIA’s discretionary denial of asylum relief, and that his proposed social group comprised of “known drug users” was not legally cognizable because it lacked particularity. (Nguyen v. Barr, 12/21/20) AILA Doc. No. 21010503

 

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

 

President Trump Issues Memorandum on Inadmissibility of Persons Affiliated with Antifa Based on Organized Criminal Activity

President Trump issued a memorandum directing the Secretary of State to assess whether to classify Antifa as a terrorist organization under 8 USC §1182(a)(3)(B)(vi), and to take steps to consider listing Antifa in 9 FAM 302.5-4(B)(2)(U), Aliens Who Are Members of an Identified Criminal Organization. AILA Doc. No. 21010635

 

USCIS Provides Update on Receipt Notice Delays for Forms Filed with USCIS Lockbox

USCIS provided additional updates about lockbox operations, noting that applicants may face delays of four to six weeks in receiving receipt notices for some applications and petitions filed at a USCIS lockbox facility. Delays may vary among form types and lockbox locations. AILA Doc. No. 20121534

 

RESOURCES

 

 

EVENTS

 

 

ImmProf

 

Monday, January 11, 2021

Sunday, January 10, 2021

Saturday, January 9, 2021

Friday, January 8, 2021

Thursday, January 7, 2021

Wednesday, January 6, 2021

Tuesday, January 5, 2021

Monday, January 4, 2021

 

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

Thanks, Elizabeth!😎

I sure hope that Judge Garland and Secretary-Designate Mayorkas are paying close attention!

Because unless they take some immediate forceful action to disable the “regime’s immigration kakistocracy” and make the radical bureaucratic changes necessary to regain control, their “dream jobs” are going to turn into “Nightmare on Elm Street” overnight!  

Human rights are being violated and taxpayer funds (in an already “over budget” USG) are being poured down the toilet 🚽  by the minute by the out of control, maliciously incompetent kakistocrats at EOIR, DHS, and in the SG’s Office to name just a few of the most obvious “national disgraces” that need an immediate fix!

The defeated anti-American, neo-Nazi regime was “not normal” and neither Garland nor Mayorkas can afford to treat the wreckage of democracy and human decency and those who did the regime’s bidding at DOJ and DHS as “acceptable” for another minute! 

🇺🇸⚖️🗽Due Process Forever! Kakistocracy ☠️🤮 Never!

PWS

01-13-21

 

Related posts:

  1. CRIME BLOTTER: CHILD ABUSE🤮☠️⚰️🦹🏿‍♀️: DOJ IG REPORT CONFIRMS WHAT COURTSIDE & OTHERS KNEW FROM THE START: Trump, Sessions, Miller, Rosenstein, Hamilton Are Cowards🐓, Lying 🤥 Criminals, Child Abusers🦹🏿‍♀️, Who Belong Behind Bars For Intentionally Abusing Asylum Seeking Families & Kids & Then Having Their Sleazy DOJ Lawyers Lie To Federal Judges! — What Happened To “Due Diligence” As An Ethical Requirement For Government Lawyers?
  2. ⚖️🗽🧑🏽‍⚖️COURTS OF APPEALS CONTINUE TO THROW ROTTEN TOMATOES 🍅 @ BIA’S ANTI-ASYLUM BIAS — Basic Analytical, Legal Errors Continue From Weaponized, Non-Expert “Star Chamber” ☠️ Posing As ”Tribunal!” — Judge Garland Must Fix This Inexcusable, Unnecessary, Systemic Failure Now! — Justice For Persons Of Color & Migrants Can’t “Wait For Godot!”
  3. 🏴‍☠️☠️🤮👎🏻IN NYT OP-ED, FORMER TRUMP DOJ ATTORNEY ERICA NEWLAND ADMITS COMPLICITY! — Having Undermined Democratic Institutions, Sold False Narratives To (Too Often Willing) Federal Judges, & Participated In Racist-Inspired “Dred Scottification” (“Dehumanization”) Of the Other Is Actually a BIG Deal! — So Is The Destruction Of Due Process & Fundamental Fairness In The Immigration Courts (Now, “Clown Courts”🤡, or “America’s Star Chambers”☠️) 
  4. CLOGGING 🪠💩🧻 🚽 PROBLEM @ FORMER HOME OF JUSTICE: “Team Garland” Needs Roto-Rooter* On Call To Clean Up The Toxic BS 💩 Spewing From EOIR & Root Out The Ethics Challenged DOJ “Attorneys” Clogging The Federal Courts With Their Frivolous Defenses Of This White Nationalist, Nativist Garbage Coming From Falls Church Kakistocracy In The Waning Days! — Another Lawless EOIR Attack On Due Process, Humanity, Lawyers Blocked By Federal Judge! — Will There Be Accountability For The “Perps” Of These Continuing “Crimes Against Humanity?”