THE GIBSON REPORT — 11-15-21 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Amid Good News About Rebounding Asylum Grant Rates, Administration’s Plans To “Snail Mail” 78,000 Notices, COVID Confusion @ EOIR, Abuse Of Title 42, Violence Against Those Waiting In Mexico, Dem Plans To “Deep Six” Immigration Reform Legislation, & Dumping On Migrants Fleeing Left-Wing Regime In Venezuela Headline Latest List Of Unforced Errors Frustrating Advocates!

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

NEWS

 

U.S. to send deportation case notices to 78,000 migrants who were not fully processed

CBS: The U.S. Immigration and Customs Enforcement (ICE) plan, dubbed “Operation Horizon,” is designed to place tens of thousands of migrants who received ad hoc processing near the southern border into deportation proceedings. The agency will be sending migrants “notices to appear,” as well as other documents.

 

Immigration Court Rescinds Covid Guidance, Leaving Questions About Current Policy

Hoppock: In a memorandum dated November 8, 2021, the Director of the Executive Office for Immigration Review, David Neal, has rescinded the agency’s formal COVID-19 guidance, leaving a number of questions unanswered on how the courts will handle COVID-19 in the coming days and months.

 

Asylum Grant Rates Climb Under Biden

TRAC: While asylum denial rates had grown ever higher during the Trump years to a peak of 71 percent in FY 2020, they fell to 63 percent in FY 2021.

 

It’s Time to End the Pandemic Emergency at the Border

NYT Editorial Board: The Biden administration says that border patrol agents are simply following orders from the Centers for Disease Control and Prevention that were put in place to keep the country safe from Covid-19. But there is little doubt that the administration has used the policy as a stopgap measure to quickly remove migrants who are gathering at the southern border in large numbers, pushed by the economic fallout from Covid in South and Central America and pulled by the rumors of lenient treatment under a more welcoming American president, among other factors. See also Trump CDC official: No ‘public health reason’ for border closure, Title 42.

 

Democrats are set to leave immigrants in the lurch again

Vox: Immigration provisions in Democrats’ budget reconciliation bill are likely on the chopping block.

 

Border crossings by Haitian migrants plunged in October, CBP data show

WaPo: CBP figures show about 1,000 Haitians were taken into custody along the Mexico border last month, down from 17,638 in September, when huge crowds waded across the Rio Grande to a makeshift camp in Del Rio, Tex., creating a humanitarian and political crisis for the Biden administration.

 

New fast-track docket for migrants faces familiar challenges

AP: Roughly 35 of the country’s more than 530 immigration judges are assigned to the new docket, according to the most recent data provided by the Executive Office for Immigration Review, which oversees federal immigration courts. Many juggle the duties on top of their normal caseloads. While it’s still early, the effort has made progress: As of mid-September, it was handling nearly 16,000 cases, and more than 100 had received at least an initial decision, according to the agency.

 

Migrant kids, some U.S.-born, endure hardship in Mexico border camp

Reuters: Inside the camp, which is fenced in and controlled by police, Reuters spoke to over 20 migrant children, four of whom had documents showing they were born in the United States.

 

Mexico considers tighter entry rules for Venezuelans after U.S. requests

Reuters: Mexico is considering setting tougher entry requirements for Venezuelans, partly in response to U.S. requests, after a sharp rise in border arrests of Venezuelans fleeing their homeland, according to three people familiar with the matter.

 

Haiti, 5 Other Countries Added To H Visa Program

Law360: Workers in a half dozen countries, including Haiti, will be newly eligible to come to the United States on temporary, employment-based visas next year, the U.S. Department of Homeland Security announced Tuesday.

 

LITIGATION/CASELAW/RULES/MEMOS

 

AAO U Visa Victory

Lexis: He asserts that first-degree robbery under section 569.020(1) (now section 570.023) of the Mo. Rev. Stat. is substantially similar to the qualifying crime of felonious assault… the Petitioner has met his burden of establishing, by a preponderance of the evidence, that the offenses are substantially similar.

 

CA1 Says It Lacks Jurisdiction over Petitioner’s PSG Claim Because He Failed to Exhaust Administrative Remedies

AILA: The court held that it lacked jurisdiction to consider the petitioner’s claim that the BIA erred by rejecting his proposed particular social group (PSG) of “Brazilian landowners,” finding that the petitioner had failed to exhaust his administrative remedies. (Gomes v. Garland, 11/3/21)

 

CA1 Upholds BIA’s Affirmance of IJ’s Adverse Credibility Determination Where There Were Numerous Inconsistencies in Petitioner’s Testimony

AILA: The court upheld the denial of asylum to the petitioner, holding that substantial evidence supported the IJ’s and BIA’s adverse credibility determination because inconsistencies in petitioner’s testimony were cumulatively persuasive of a lack of credibility. (Mashilingi v. Garland, 11/2/21)

 

CA4 Holds That Conviction in Virginia for Felony Eluding Is a CIMT

AILA: The court concluded that the definition of crime involving moral turpitude (CIMT) does not violate the U.S. Constitution, and that Virginia’s felony eluding statute, Va. Code §46.2-817(B), constitutes a CIMT. (Canales Granados v. Garland, 11/4/21)

 

9th Circ. Greenlights Removal Despite Vacated Conviction

Law360: The Ninth Circuit has upheld a 1996 deportation order against a Mexican man even though his guilty plea for possessing cocaine was vacated, saying the conviction that the order was based on was legally valid when it was issued.

 

CA9 Says Stop-Time Rule Is Not Triggered by Final Order of Removal

AILA: The court held that the stop-time rule—which sets out the circumstances under which a period of continuous physical presence is deemed to end for cancellation of removal—is not triggered by a final order of removal. (Quebrado Cantor v. Garland, 11/3/21)

 

CA9 Finds IJ’s Denial of Continuance of Petitioner’s Merits Hearing Violated His Right to Counsel

AILA: Applying a fact-based inquiry, the court held that the IJ’s refusal to grant a continuance of the petitioner’s merits hearing deprived him of his right to counsel, and thus granted the petition for review. (Usubakunov v. Garland, 11/1/21)

 

TPS Holders File Class Action Lawsuit Challenging USCIS’s Allegedly Unlawful Denial of Adjustment of Status Applications

AILA: Temporary Protected Status (TPS) holders filed a class action lawsuit in federal district court challenging USCIS’s rescission of a 30-year policy that allowed TPS holders to seek lawful permanent resident (LPR) status upon return from travel abroad. (Gomez, et al. v. Jaddou, et al., 11/8/21)

 

Asylum Seekers File Class Action Lawsuit Challenging USCIS’s Delay in Renewing EAD Applications

AILA: Five asylum seekers filed a class action lawsuit in the U.S. District Court for the Northern District of California challenging USCIS’s allegedly unlawful delay in adjudicating applications to renew employment authorization documents (EADs) for asylum seekers. (Tony N. v. USCIS, 11/10/21)

 

Major Settlement Changes How USCIS Adjudicates Work Permits for Nonimmigrant Spouses

AILA: AILA and litigation partners Wasden Banias and Steven Brown celebrate the historic settlement with DHS in Shergill, et al. v. Mayorkas, which provides structural changes for nonimmigrant H-4 and L-2 spouses suffering from long-delayed processing times for EAD applications.

 

EOIR Announces Fully Virtual eRegistration Process for ECAS

AILA: EOIR announced that eRegistration for ECAS will be fully virtual. Starting November 15, two-phase eRegistration is required to validate a registrant’s identity, but practitioners no longer have to appear in-person to show photo ID. The memo lists registration times and contact information.

 

EOIR Provides Updated Guidance on its Response to COVID-19

AILA: EOIR released guidance stating that its website will be the principal method of communication with the public regarding updates to EOIR’s protocols during the COVID-19 pandemic and will no longer issue these formal documents. Guidance is effective 11/8/21.

 

USCIS Provides Policy Guidance on Naturalization for Military Service Members

AILA: USCIS provided policy guidance stating that current or former members of the U.S. armed forces who serve honorably during specifically designated periods of hostilities may be eligible to naturalize. Guidance is effective 11/12/21, comments are due by 12/31/21.

 

ICE ERO Releases Updated COVID-19 Pandemic Response Requirements for ICE Detention Facilities

AILA: ICE ERO updated its COVID-19 Pandemic Response Requirements (PRR) to set forth expectations and to assist detention facility operators in sustaining detention operations during the pandemic. The PRR sets mandatory requirements and best practices for all detention facilities housing ICE detainees.

 

DOS Updates Guidance on Rescission of COVID Travel Restrictions from Previous Travel Ban Countries

AILA: DOS stated they can process visa applications for individuals physically present in Brazil, China, India, Iran, Ireland, the Schengen Area, South Africa, and the United Kingdom. Applicants who were refused should request reconsideration, but should not expect readily available visa appointments.

 

DHS Announces Fee Exemptions and Streamlined Processing for Afghan Nationals Resettling in the United States

AILA: DHS announced that it will exempt certain filing fees for Afghan nationals who were paroled into the United States for humanitarian reasons on or after July 30, 2021. They will also streamline processing requests for work authorization, Green Cards, and associated services.

 

USCIS Provides Guidance for Afghan Nationals Applying for Adjustment of Status

AILA: USCIS stated that Afghan nationals with an approved Form I-360 who are employed by the U.S. government or ISAF in Afghanistan and plan to file Form I-485 must be physically present in the United States and provide a U.S. address on Form I-485. Filing fees for Form I-485 may be waived.

 

USCIS Opening a New Lockbox Facility

USCIS:We are planning to open a new facility in Elgin, Illinois, next year to expand our lockbox capability.

 

RESOURCES

 

 

EVENTS

 

 

ImmProf


Monday, November 15, 2021

Sunday, November 14, 2021

Saturday, November 13, 2021

Friday, November 12, 2021

Thursday, November 11, 2021

Wednesday, November 10, 2021

Tuesday, November 9, 2021

Monday, November 8, 2021

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

The inadequacy of mailed NTAs has been well-established. 80,000 notices mailed to addresses gathered in haste and confusion by an agency renowned for sloppy work! What could possibly go wrong?

Unanswered Questions: 

  • How many older cases that might otherwise have been completed were “reshuffled” to achieve 100 “Expedited Docket” completions?
  • How many of those “completions” were in absentia?
  • How many were asylum grants?

🇺🇸Due Process Forever!

PWS

12-17-21

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. ⚖️THE GIBSON REPORT — 03-22-21 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Georgetown Law Journal Makes History, Of The Best Kind! — My Invitation To Current Georgetown Law Students To Get Involved!
  3. THE GIBSON REPORT — 06-21-21 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group! — Lots Of Interesting Items Under “Top News,” Some Good, Some Not So Much!
  4. GIBSON REPORT — 08-02-21 — Compiled By Elizabeth Gibson Esquire, NY Legal Assistance Group
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Roberto blum
Roberto blum
2 years ago

Hello Judge. Thanks for the update and commentary. Regarding mailed NTAs. My understanding is there are no I-213s in these cases, which leaves the question, how will the Department meet its burden of establishing removability when Respondent deny the allegations and charges! This will likely lead to a lot of dismissals in court which means wasted government resources. As you have said before, haste makes waste. Not to mention all of the absentia orders which will need to be reopened.

Regards,

Roberto Blum
Rblum@lawofficeofjuanreyes.com

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Jennings12@aol.com
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Jennings12@aol.com
2 years ago
Reply to  Roberto blum

Absolutely, Roberto!

The Gov. never tracks dismissals, reopenings, and continuances caused by their wasteful practices and tone-deaf gimmicks! We all know that the most effective way of increasing appearances is to match respondents with lawyers. Why wouldn’t a competent, due process oriented Administration make that a “centerpiece” of EOIR reform? Why is fraud, waste, and abuse, without accountability, permissible, often encouraged, publicized, and rewarded at DOJ and DHS?

DPF!

P

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