“Strikeout”
Attribution: Creative Commons 2.0
Once A Symbol of Fairness, Due Process, & Best Practices, Now Gone “Belly Up” —- Poor little guy might have expected a helping hand from a Dem Administration. But his predicament has actually gotten worse under Gartland!
Dan Kowalski reports for LexisNexis Immigration Community:
A “Home Run” – AILA NJ v. EOIR (WebEx Hearings)
“Plaintiffs commenced this action on July 31, 2020, alleging violations of the Administrative Procedure Act and the Due Process Clause of the Fifth Amendment, seeking an order enjoining Defendants from compelling attorneys to appear at the Newark Immigration Court for in-person proceedings, and seeking an order compelling Defendants to provide attorneys with an option for hearings at the Newark Immigration Court by remote videoconference … ORDERED that absent emergent circumstances, Webex motions must be filed electronically or postmarked at least fifteen (15) days prior to scheduled hearings. Emergent circumstances include, but are not limited to, contracting COVID-19 or coming into immediate exposure with a person who has contracted COVID-19 within the fifteen (15) day period; and it is further ORDERED that Newark Immigration Judges must issue a decision in deciding a Webex motion and clearly state the case-specific reasons upon which the decision is based, and such decisions must be signed and dated; and it is further ORDERED that if a Newark Immigration Judge does not issue a decision regarding a Webex motion 48 hours prior to the relevant hearing, the motion will be deemed granted by the Newark Immigration Judge, and the hearing will be conducted by WebEx. The 48-hour requirement applies only to motions made at least fifteen (15) days prior to the scheduled hearings and does not apply to emergent motions…”
“Akiva Shapiro, an attorney for the AILA, said in an email to Law360 on Thursday that the order “is a home run for us.” “We are thrilled that New Jersey immigration attorneys and their vulnerable clients are once again assured access to remote immigration hearings, and that the immigration court will no longer be able to force them to choose between risking their lives and staving off deportation and other severe consequences,” Shapiro said. He noted that attorneys with the DHS had taken a different stance than the EOIR. “Even the government’s own immigration enforcement lawyers supported us and testified that the Newark immigration court was risking their health in failing to provide meaningful access to remote hearings. That’s how bad the situation was at the Newark court,” Shapiro said.” – Read more at: https://www.law360.com/immigration/articles/1581757/judge-orders-nj-imm-court-to-decide-remote-requests
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Ever wonder why there are astounding backlogs at EOIR and DOJ won’t take a stand for fair treatment of asylum seekers at the border?
This pathetic, unprofessional, dilatory “defense of the indefensible” says much about the trajectory of DOJ under Garland! Also, it shows how under Garland, DOJ wastes time and money creating problems rather than solving them!
Competence, leadership, standards, professionalism, accountability — all missing at DOJ under Garland!
Is there ANY reason a “real” Federal Judge had to intervene to micromanage EOIR through this ridiculous self-created problem!
Folks, this is the “low hanging fruit” of governing! The Judge found that EOIR violated a stipulated order. Heck, DHS attorneys testified against the DOJ in this case! EOIR’s “expert” reportedly undermined their inane position! Yet, Garland let this nonsense continue to unwind and waste a U.S. District Court’s time.
And, as I have previously reported, this has been a slowly unfolding disaster at EOIR New Jersey since July 2020! See, e.g., https://immigrationcourtside.com/2023/02/04/🏴☠%EF%B8%8Fscofflaw-doj-eoir-violates-stipulated-court-order-on-video-hearings-garlands-failed-court-system-moves-a-step-closer-to-contempt-as-federal/
There were plenty of opportunities for “higher ups” in the DOJ to end this farce. They failed to do so!
Remember, all this stupid resistance was to a program slated to end in May! The Judge basically begged the DOJ to do its job and settle this case! It fell on deaf ears!
Simply incredible! I take that back. “Incredible” understates the case; it’s insane! Totally! 🤯
As Garland wanders around Ukraine, the U.S. continues to violate human rights and international agreements at the Southern border on a daily basis. The DOJ takes anti-human-rights positions in Federal Court. Asylum denying IJs continue to run amok at EOIR. And, a U.S. District Judge has to take over daily administration of the New Jersey Immigration Courts because Garland won’t bring in competent expert leadership who can and will do the job!
We need Article I — Now more than ever!
PWS
O3-03-23