THE GIBSON REPORT — 04-12-21 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Biden Administration Wants To Throw 100 More Immigration Judges Into The EOIR Maelstrom! 

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

COVID-19 & Closures

Note: Policies are rapidly changing, so please verify information with the government and colleagues.

 

EOIR Status Overview & EOIR Court Status Map/List: Unless previously specified on the court status list, hearings in non-detained cases at courts are postponed through, and including, May 14, 2021. (It is unclear when the next announcement will be. EOIR announced 5/14 on 3/29, 4/16 on Fri. 3/5, 3/19 on Wed. 2/10, 2/19 on Mon. 1/25, 2/5 on Mon. 1/11, and 1/22 on Mon. 12/28.) There is no announced date for reopening NYC non-detained at this time.

 

USCIS Office Closings and Visitor Policy

 

TOP NEWS

 

Up to 100 new immigration judges would be added under Biden budget request

Phoenix: The Biden administration on Friday released a budget proposal for the upcoming fiscal year that would increase the number of immigration judges and allocate millions in funding to clear backlogs of hearings and asylum requests. See also Biden Budget Ask Addresses Border Issues, Asylum Backlogs; Seven takeaways from Biden’s budget proposal: defense, immigration, climate; Biden seeks funding to probe white supremacist beliefs at immigration agencies.

 

Biden officials defend border response as number of migrant children in U.S. custody tops 20,000

CBS: The official also conceded that border agents have recorded some cases of families allowing their children to enter U.S. custody unaccompanied, fearing that they will be expelled if they travel together. See also Biden administration spending $60 million per week to shelter unaccompanied minors.

 

A court filing says parents of 445 separated migrant children still have not been found.

NYT: The parents of 61 migrant children who were separated from their families at the U.S.-Mexico border by the Trump administration have been located since February, but lawyers still cannot find the parents of 445 children, according to a court filing on Wednesday.

 

Their Lawsuit Prevented 400,000 Deportations. Now It’s Biden’s Call.

NYT: Trump tried to end a 30-year program that shielded migrants, many fleeing conditions that U.S. foreign policy helped foster. What does America owe them?

 

Migrant boy found wandering alone in Texas had been deported and kidnapped

WaPo: The agent recorded the interaction, which was widely shared on the Internet, seen by many as a glimpse into the desperation of unaccompanied children arriving at the U.S.-Mexico border.

 

$2.1 Billion for Undocumented Workers Signals New York’s Progressive Shift

NYT: The fund, which could provide payments to hundreds of thousands of people excluded from other pandemic relief, ignited a battle among state lawmakers before it was approved.

 

Opinion: U.S. asylum law must protect women

WaPo: It is unsurprising that the needs of women facing persecution were not considered in 1951. It is also not surprising — though it is disappointing — that Congress wrote this outdated framework into the Refugee Act of 1980.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Reminder: New Forms

USCIS:

  • I-485, I-864, I-539: Starting April 19, 2021, we will only accept the 03/10/21 edition.
  • I-912: The current edition date for Form I-912 is 03/10/21. We will also accept prior editions (or a written request).

 

BIA Rules Applicant Seeking Withholding Is Not Limited to Seeking Withholding from Country of Prior Removal

The BIA ruled that an applicant may seek withholding of removal from a country even if that country is different from the country of removal originally designated in the reinstated removal order on which the withholding-only proceedings are based. Matter of A-S-M-, 28 I&N Dec. 282 (BIA 2021) AILA Doc. No. 21040936

 

CA1 Upholds Denial of Withholding of Removal to Petitioner Who Claimed He Was Persecuted on Account of Religious Affiliation

The court upheld the BIA’s determination that the central reason for the Salvadoran petitioner’s claimed harm was his unwillingness to join the MS-13 gang—not his Christian faith or his faith-related activities. (Sánchez-Vásquez v. Garland, 4/7/21) AILA Doc. No. 21040938

 

CA1 Upholds Denial of Motion to Reopen Filed a Decade After Petitioner’s Cancellation Application Was Denied

The court held that the BIA did not abuse its discretion in denying the petitioner’s motion to reopen filed nearly 11 years after the denial of his cancellation of removal application, finding that he did not show that equitable tolling was warranted. (Quiroa-Motta v. Garland, 4/6/21) AILA Doc. No. 21040933

 

CA5 Says Res Judicata Did Not Bar Government from Charging Petitioner with Removability a Second Time

The court held that res judicata did not bar the government’s second charge of removability against the petitioner, because the second removability charge was based on a different statutory provision and was unavailable when the first charge was brought. (Cruz Rodriguez v. Garland, 4/1/21) AILA Doc. No. 21040939

 

CA9 Concludes That Conviction for Petty Theft in California Is a CIMT

Withdrawing its opinion filed on 7/10/20, the court held that the BIA did not abuse its discretion in holding that petitioner, who had been convicted three times of petty theft under California Penal Code §484(a), was removable pursuant to INA §237(a)(2)(A)(ii). (Silva v. Garland, 3/30/21) AILA Doc. No. 21040940

 

CA9 Won’t Walk Back Block Of Trump Asylum Policy

Law360: The Ninth Circuit on Thursday declined to reconsider its decision to halt the Trump administration’s policy restricting asylum for migrants who cross through another country on the way to the U.S., rejecting the government’s argument that the July opinion was riddled with errors.

 

CA9: Public Charge Revival ‘Gone Faster Than TP In A Pandemic’

Law360: A split Ninth Circuit on Thursday denied a bid by Republican attorneys general to revive the “public charge” rule, with U.S. Circuit Judge Lawrence VanDyke dissenting to say that the Biden administration ensured that the rule “was gone faster than toilet paper in a pandemic.”

 

CA11 Revives Dissident Cuban Journalist’s Asylum Bid

Law360: The Eleventh Circuit revived a Cuban journalist’s bid for asylum, finding that the immigration courts overlooked and “plainly misstated” evidence that the asylum-seeker had a well-founded fear of future persecution if returned to Cuba.

 

CA 11 Won’t Return Citizenship Lost Over Crime Question

Law360: The Eleventh Circuit will not overturn the conviction that stripped a man of his citizenship after he pled guilty to lying on a citizenship form question that asked whether he had ever committed a crime for which he had not been arrested.

 

CBP Must Face Suit Over ‘Unconstitutional’ Checkpoints

Law360: A New Hampshire federal judge has denied U.S. Customs and Border Patrol’s dismissal bid in a suit accusing the agency of unlawfully detaining a man at a traffic checkpoint before he was charged for having hash oil, though the court let a border patrol agent out of the case.

 

ICE Using ‘Gamesmanship’ To Deport Activist, 2nd Circ. Told

Law360: An unauthorized immigrant who says U.S. Immigration and Customs Enforcement targeted him for his activism urged the Second Circuit to maintain jurisdiction over his deportation case, arguing that his claims of illegal retaliation should not be rendered moot because of the government’s repeated delays.

 

Immigrants Slam Feds’ Bid To Cut Experts In Vetting Suit

Law360: A class of immigrants challenging a national security program that they claim illegally delays Muslims’ immigration applications urged a Washington federal judge Monday to reject the government’s bid to exclude testimony from three witnesses, saying they are among the foremost experts on the topic offering opinions and not legal conclusions.

 

AILA and Partners File Complaint on Unlawful Suspension of Visa Processing

AILA and partners filed a complaint on behalf of a class of noncitizens who have been prevented from entering the U.S. due to an unlawful suspension of visa processing. (Kinsley, et al., v. Blinken, et al., 4/7/21) AILA Doc. No. 21040834

 

DOS Provides Information on National Interest Exceptions for Regional COVID Proclamations

DOS announced that the travel of immigrants, fiancé(e) visa holders, certain exchange visitors, and pilots/aircrew traveling for training or aircraft pickup, delivery, or maintenance is in the national interest for purposes of approving exceptions under proclamations restricting travel due to COVID. AILA Doc. No. 20071733

 

CBP Issues Guidance to Carrier Liaison Program on the Boarding of Lawful Permanent Residents

CBP issued guidance to its Carrier Liaison Program on the current boarding policy for lawful permanent residents (LPRs) attempting to reenter the United States who may possess valid or expired documents, depending on the document in possession. The guidance is effective as of March 5, 2021. AILA Doc. No. 21040934

 

RESOURCES

 

AIC: Yes, All Immigrants Can Get the COVID-19 Vaccine—Even Those Who Are Undocumented

AILA: Practice Pointer: Admissions Issues for LPRs Who Were Unable to Timely Return Due to COVID-19

AILA: Practice Alert: Rotating IJ Schedules No Longer Available on EOIR’s Website

AILA: Tax Season Basics for 2021

AILA: Practice Alert: USCIS Will Not Issue Refunds for Duplicate I-485 Applications

AILA: Taking the Measure of Lozada

AILA: Practice Alert: USCIS Begins Sending Invites to Certain Applicants to Resubmit I-485 Applications That Were Previously Rejected

AILA: Practice Alert: USCIS Policy Manual Updates Related to Asylees and Refugees

ASISTA: Update: FOIA Production on Fee Waiver Policy & Practice

CBP Announces March 2021 Operational Update

CLINIC: Pulling Back the Curtain-Analysis of New Government Data on Temporary Protected Status

CLINIC: State Department Restores Pre-2018 Public Charge Guidance

CLINIC: TPS Venezuela – Initial Application Checklist

HRF: Protection Postponed: Asylum Office Backlogs Cause Suffering, Separate Families, and Undermine Integration

MPI: COVID-19 and the State of Global Mobility in 2020

MPI: Disparities Facing U.S. Children in Immigrant Families: New Data and Ideas for Indicators to Promote Equity\

MPI: Building Effective Migration Management Capacity in Mexico and Central America

NY: Trauma Responsive Lawyering Virtual Training

 

EVENTS

 

 

ImmProf

 

Sunday, April 11, 2021

Saturday, April 10, 2021

Friday, April 9, 2021

Thursday, April 8, 2021

Wednesday, April 7, 2021

Tuesday, April 6, 2021

Monday, April 5, 2021

 

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

The traditional bureaucratic solution: When you lack the expertise, will, and courage to solve a problem, just aimlessly throw people and taxpayer’s money at it. Actually, somewhat resembles “Trump’s wall.” And likely to be just as effective!

🇺🇸⚖️🗽Due Process Forever,

PWS

04-14-21

Related posts:

  1. THE GIBSON REPORT— 01-02-22 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Garland’s Aimless Docket Reshuffling (“ADR”) Squeezes Refugees On Both Ends Of His Ludicrous Backlog, As Those Patiently Waiting Given Court Dates Nearly A Decade In The Future, While Recent Arrivals Mindlessly Rocketed To The “Front Of The Line” Struggle To Find Lawyers & Prepare Cases — Plus Other New Year News From The Dystopian World Of U.S. Immigration!
  2. 🧑🏽‍⚖️⚖️🗽🇺🇸WHO’S JUDGE IS IT ANYWAY? — The Crisis Of Independence In Our Immigration Courts! — Coming April 7, 2021! — Sponsored By The HNBA! — Don’t Miss It!
  3. THE GIBSON REPORT — 05-17-21 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Continuing To Highlight Garland’s Tone-Deaf Failure To Bring Justice, Due Process, Progressive Expertise To EOIR! — Hey Progressives & Due Process Advocates, Had Enough Of His “Amateur Night At The Bijou” Approach To EOIR? — Get Mad, Make Your Voices Heard, Demand Change, Demand Better! — Much Better!
  4. THE GIBSON REPORT — 02-14-21💝 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Mandatory E-Filing @ EOIR Starts & Lots Of Other “Interesting Stuff!”  — CMS Study Shows How Garland Is Ignoring the “Low Hanging Fruit” On His Out of Control EOIR Backlog! ☹️