Managing Attorney
National Immigrant Justice Center
Publisher of “The Gibson Report”
Weekly Briefing
This briefing is designed as a quick-reference aggregation of developments in immigration law, practice, and policy that you can scan for anything you missed over the last week. The contents of the news, links, and events do not necessarily reflect the position of the National Immigrant Justice Center. If you have items that you would like considered for inclusion, please email them to egibson@heartlandalliance.org.
CONTENTS (jump to section)
- ◦NEWS
- ◦LITIGATION & AGENCY UPDATES
- ◦RESOURCES
- ◦EVENTS
PRACTICE UPDATES
Chief Immigration Judge Email: Taking Cases Off Calendar: Cases may be selected to be taken off the court’s calendar for the following reason(s)…
EOIR Schedule: EOIR immigration judges are scheduled for a mandatory training session on Aug. 22, 2022, from 1pm to 5pm EST. The Chicago Immigration Court will re-set all non-detained cases scheduled for that afternoon; detained cases will go forward. It is unclear at this time if/how this affects other courts.
NEWS
Thune breaks through Democratic bloc on ‘vote-a-rama’ amendments
Roll Call: Senate Democrats stuck together and mostly voted against amendments to their tax, climate and health care package, while using a procedural maneuver to allow their vulnerable incumbents to vote for some that could score political points without actually making any changes to the bill [including on immigration].
The secret history of the U.S. government’s family-separation policy
The Atlantic: Over the past year and a half, [the Atlantic] has conducted more than 150 interviews and reviewed thousands of pages of internal government documents, some of which were turned over only after a multiyear lawsuit… The policy’s worst outcomes were all anticipated, and repeated internal and external warnings were ignored.
Talk of ‘invasion’ moves from the fringe to the mainstream of GOP immigration message
NPR: In Republican primary races this year, few issues have come up more in TV ads than immigration. And one word in particular stands out: invasion.
New York City works to make space for rapidly rising number of asylum-seekers
NPR: On Monday, New York Mayor Eric Adams announced a round of emergency contracts with local agencies and organizations to allow the city to respond to an increasing number of asylum-seekers entering the city’s homeless shelter system. See also Pentagon denies DC request for National Guard migrant help.
Border Patrol Agents Are Trashing Sikh Asylum-Seekers’ Turbans
Intercept: “The turban is sacred.” At least 64 Sikh men have had their headwear confiscated and discarded by Yuma’s Border Patrol.
Block Club: Cook County Commissioner Alma Anaya and several immigrant rights organizations held a public hearing last week in which the county’s Legislation and Intergovernmental Relations Committee heard testimony from experts about how U.S. Immigration and Customs Enforcement uses data from companies like LexisNexis.
The Officer of the Future: Facial Recognition and the Border-Industrial Complex
Border Chron: Facial recognition has become the primary biometric technology for CBP. Everyone who enters the country has their picture taken, though supposedly people can opt out (that often isn’t obvious, thanks to a lack of signage; I cross the border constantly and have never seen anything about opting out). The surveillance technology has also been deployed at 32 airports for people exiting the country. CBP partners with airports and airlines to add another layer to this private-public nexus.
Fact Check: Immigrants are not getting Social Security numbers at the U.S. border
AP: Lara Logan, a former Fox Nation host, recently claimed that U.S. Border Patrol agents are distributing Social Security numbers to immigrants at the border. A video of her comments has circulated widely across social media platforms… No such thing is happening, Rhonda Lawson, a spokesperson for the U.S. Customs and Border Protection, told the AP in an email.
NYC Attorney Carlos Moreno Imprisoned For Immigration Fraud
NYCaribNews: Between September 2017 – when Moreno was suspended from the bar – and late September 2018, Moreno took on new clients, practiced law, and gave legal advice to scores of undocumented immigrants. In some instances, even predating his suspension, Moreno defrauded clients by falsely claiming that undocumented immigrants who have resided in the United States for over a decade could secure legal status, a fraud known as the “10-Year Green Card Scam.”
DHS Watchdog Reports Understaffing At Afghan ‘Safe Havens’
Law360: The U.S. Department of Homeland Security’s internal watchdog reported worker shortages at the military sites that provided a temporary refuge to Afghan evacuees, saying the understaffing left officials concerned they couldn’t properly meet Afghan nationals’ needs.
LITIGATION & AGENCY UPDATES
Supreme Court certifies ruling ending Trump border policy
AP: The two-word docket entry read “judgment issued” to record that justices voted 5-4 in a ruling issued June 30 that the administration could scrap the “Remain in Mexico” policy, overruling a lower court that forced the policy to be reinstated in December.
Matter of Fernandes, 28 I&N Dec. 605 (BIA 2022)
BIA: A respondent who has made a timely objection to a noncompliant notice to appear is not generally required to show he or she was prejudiced by missing time or place information. An Immigration Judge may allow the Department Homeland Security to remedy a noncompliant notice to appear without ordering the termination of removal proceedings [Note: Except in CA7, pursuant to Arreola-Ochoa].
3rd Circ. Upholds Deportation Of Surgeon In $3M Tax Scheme
Law360: A Swedish plastic surgeon who served prison time for a $3 million tax evasion scheme should not be allowed back into the U.S., the Third Circuit ruled Thursday.
4th Circ. Says Death Threat Is Persecution In Asylum Case
Law360: The Fourth Circuit gave a Salvadoran woman and her son a second chance at their asylum application, holding that an immigration judge didn’t give enough weight to her claim of death threats on the basis of religion.
CA9 On Cancellation, Pre-Trial Detention: Troncoso-Oviedo V. Garland
LexisNexis: Pretrial detention not credited toward a sentence is not “confinement, as a result of conviction” under § 1101(f)(7).
9th Circ. Won’t Stop Man’s Removal Based On 1997 Conviction
Law360: The Ninth Circuit rejected a Mexico native’s bid to reopen his removal proceedings on grounds that his 1997 conviction was modified, saying none of the circumstances allowing the challenge of a removal applied to him.
Immigration Enforcement Can’t Block Grants, 9th Circ. Rules
Law360: The Ninth Circuit ruled that federal funds for criminal justice programs can’t be withheld from states and counties that don’t enforce immigration laws, upholding lower court decisions that found the denial an overreach of the U.S. Department of Justice’s authority.
11th Circ. OKs Deportation Of Chilean Convicted Of ‘Whatever’
Law360: The Eleventh Circuit affirmed Tuesday a deportation order against a Chilean green card holder who pled guilty to violating a Florida law criminalizing child neglect, while acknowledging that the trial court’s record of the conviction was “hopelessly opaque” and included the state judge specifying the criminal offense was for “whatever.”
Travel Ban Waiver Lawsuit Victory: Emami V. Mayorkas
LexisNexis: Drawing all inferences and viewing all evidence in the light most favorable to the government, the Court finds that plaintiffs have met their burden of showing that there is no genuine dispute as to any material fact, and that the waiver implementation guidance was arbitrary and capricious in violation of the APA.
NY Judge Declines Relief For DACA Hopefuls In ‘Limbo’
Law360: A New York federal judge refused to modify an order resuming acceptance of new Deferred Action for Childhood Arrivals applications, saying clarification sought following a Texas judge’s barring new approvals was actually a request for additional relief.
Russian Denied Resident Status Over Cannabis-Related Work
Law360: A California federal judge has affirmed a U.S. Citizenship and Immigration Services decision to deny a Russian national permanent resident status, ruling that by installing and maintaining a security camera system for a cannabis grower, the person had participated in the trafficking of a Schedule I drug.
Pa. Judge Says USCIS Must Redo Spousal Petition After Delay
Law360: A Pennsylvania judge ordered U.S. Citizenship and Immigration Services to reconsider a man’s petition for his Turkish wife’s green card, saying the agency’s unreasonable delay in denying the petition unfairly hampered the couple’s ability to address the agency’s concerns.
Biden Ordered To Revisit Visa Apps Nixed In Trump Travel Ban
Law360: A California federal judge ordered the Biden administration to revisit the tens of thousands of visa applications that were denied under Trump-era travel restrictions, finding that targeted foreigners were still bruised from the travel ban, long after its revocation.
USCIS Issuing Updated I-797C for Certain Operation Allies Welcome Parolees
USCIS: Certain EADs with a validity period of less than 2 years are now being automatically extended to align with the parole period shown on the beneficiary’s Form I-94, Arrival/Departure Record.
USCIS Issues Policy Guidance on Uncharacterized Military Discharges Eligible for Naturalization
AILA: USCIS issued policy guidance in the USCIS Policy Manual to address the eligibility of military service members with uncharacterized military discharges for purposes for naturalization under section 328 or section 329 of the INA. Comments are due by 9/2/22.
EOIR Announces 19 New Immigration Judges
EOIR: [EOIR] announced the appointment of 19 immigration judges to courts in California, Florida, Georgia, Illinois, Maryland, New Jersey, Tennessee, Texas, and Virginia.
EOIR Warns of Scammers Spoofing Agency Phone Number
EOIR: The Executive Office for Immigration Review (EOIR) today announced it has recently been notified of phone calls that spoof the Arlington Immigration Court as part of a misinformation campaign. The callers will often “spoof,” or fake, the immigration court’s main line, 703-305-1300, so the calls appear to be coming from EOIR on the recipient’s caller ID.
RESOURCES
- AILA: USCIS Lockbox Updates (Updated 8/3/22)
- AILA: Find Resources for Assisting Afghan Clients (Updated 8/2/22)
- CLINIC: All About Parole Practice Advisory
- CLINIC: Age-Out Rules for Afghan SIV Derivative Children
- USCIS: Afghan Operation Allies Welcome (OAW) Parolee Asylum-Related Frequently Asked Questions
EVENTS
- 8/10/22 Preparing Criminal Waivers of Inadmissibility
- 8/10/22-8/11/22 2022 AILA Paralegals Virtual Conference
- 8/12/22 TPS Beneficiaries and Authorized Travel Following the Rescission of Matter of Z-R-Z-C-
- 8/16/22 Comprehensive Overview of Immigration Law (COIL)
- 8/16/22 The Child Status Protection Act: Strategies for Keeping the Family Intact
- 8/17/22 ASISTA Inadmissibility Webinar Series: Crimes Involving Moral Turpitude (CIMT): Impact on Immigrant Survivors
- 8/23/22 Preparing Solid Affidavits of Support: “Show Me the Money!”
- 8/23/22 Comprehensive Overview of Immigration Law (COIL)
- 8/24/22 Seeking Prosecutorial Discretion Post Texas v. United States
- 8/30/22 Naturalization During the Pandemic: “It Was the Best of Times, It Was the Worst of Times”
- 8/31/22 What to Do When You Get a Decision from the Ninth Circuit
- 8/31/22 Building Your Pro Bono Program
- 9/1/22 For Immigration Practitioners: Understanding Referrals & Resources for Low-Income Clients
- 9/8/22-9/29/22 Webinar Series: Dealing With Denials
- 9/8/22 Post-Conviction Relief: “If I Could Turn Back Time!”
- 9/8/22 Trial Advocacy Skills – Working with Expert Witnesses in Asylum, Withholding of Removal, and Convention Against Torture Claims
- 9/13/22 PLI: Representing Children in Immigration Matters 2022: Effective Advocacy and Best Practices
- 9/14/22 Representing U Visa Clients with Complex Issue
- 9/14/22 Partial to Full Accreditation Initiative 2022
- 9/15/22 Advanced Mandamus Trends
- 9/20/22 Nonprofit and For-Profit Entity Intersection 2022: Achieving Charitable Goals Through Innovative and Nontraditional Mechanisms
- 9/21/22 Breaking Down the Record in a Ninth Circuit Petition for Review
- 9/22/22 Maximizing Second Chances: Filing Appeals, Motions, and Practicing before the BIA
- 9/29/22 Consular Processing Roundup for Families and Survivors
- 10/07/22-10/28/22 Understanding and Preparing Waivers
- 10/29/22 4th Annual NIJC 5k for Immigrant Justice
To sign up for additional NIJC newsletters, visit: https://immigrantjustice.org/subscribe.
You now can change your email settings or search the archives using the Google Group. If you are receiving this briefing from a third party, you can visit the Google Group and request to be added.
Elizabeth Gibson (Pronouns: she/her/ella)
Managing Attorney for Capacity Building and Mentorship
National Immigrant Justice Center
A HEARTLAND ALLIANCE Program
224 S. Michigan Ave., Suite 600, Chicago, IL 60604
T: (312) 660-1688| F: (312) 660-1688| E: egibson@heartlandalliance.org
***************
Interestingly, none of the “perps” of child abuse by the Trump Administration has been held accountable. By contrast, many of their victims have suffered irreparable harm.
Trump officials provided “explicitly false formation” to intentionally mislead the public about the abusive, racist intent behind their program of intentional misconduct. So, why isn’t this a problem?
🇺🇸 Due Process Forever!
PWS
08-10-22