⚖️🗽🦸‍♀️ NDPA SUPERHERO DREE COLLOPY MOVES TO A NEW PHASE OF HER DISTINGUISHED CAREER!

Dree Collopy
Dree Collopy, Esquire
NDPA Superhero
PHOTO: Washington College of Law

Dree writes:

Greetings Family and Friends,

I hope that you are all doing well.  I am writing to share a personal update.  After nearly two decades in private practice and owning and operating my own firm, I have sold my ownership interest in my firm, Benach Collopy, to my wonderful partner Ava Benach, who remains a close friend.

Selling my ownership of the firm I worked so hard to build was a difficult decision that has been about two years in the making, and I was sad to leave my colleagues and clients.  However, given the relentless attack on refugees and asylum seekers in this country and around the world, I decided that it was time to transition from “on the ground” work and the arduous administrative tasks of running a law firm to bigger picture legal strategy and impact work.  Now more than ever, people seeking protection in the United States need zealous, passionate advocates, who I am excited to train, and smarter, creative legal arguments and policy strategies that I am excited to help develop.

So what am I up to now? I am currently teaching Asylum and Refugee Law at American University Washington College of Law and have joined their renowned program on human rights and humanitarian law.  I am also continuing my scholarship on U.S. asylum and refugee law and policy, and finally have more time to devote to my book, which helps other lawyers more effectively represent asylum seekers.

As a final update, I have also joined Grossman Young & Hammond, an internationally renowned immigration firm run by my close friend and long-time colleague in the immigration field, Sandra Grossman.  As Of Counsel at GYH, I continue to develop strategy in complex cases, assist immigrant and refugee rights organizations with their advocacy efforts, and train other lawyers around the country in an effort to build and strengthen our “due process army.”  For more on this, see GYH’s press release here.  Please continue to send anyone in need of top notch immigration lawyering my way.

Moving forward, you may reach me at collopy@american.eduor dcollopy@grossmanyoung.com, here at my Gmail, or on my cell phone at 515-988-1044.   And of course, if you’re interested in keeping up with me and the work I’m doing, please connect with me on LinkedIn and give me and GYH a follow on social media.

I look forward to being in touch!

Dree

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Many congrats, Dree, to you, Ava, Sandra, Washington College of Law, and all involved! Good luck in your new career challenges!

⚖️ Due Process Forever!

PWS

02-29-25

⚖️🗽👨🏻‍⚖️🧑🏼‍⚖️BREAKING: NAIJ LEADERS JUDGE MIMI TSANKOV & JUDGE SAM COLE LEAVING THE BENCH! — Thanking them for their courageous service to American Justice in difficult times! 🙏

Hon. Mimi Tsankov
Hon. Mimi Tsankov
President, NAIJ
Hon. Samuel B. Cole
Hon. Samuel B. Cole
Executive Vice President
NAIJ
PHOTO: NAIJ

FROM NAIJ:

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Judges, 

We wanted to let you know that both Mimi Tsankov and Sam Cole have decided to step down as immigration judges, effective March 1. They will both continue in their respective roles with NAIJ through the next round of NAIJ elections this summer and will be advisors long after that. This is a time of great uncertainty for every federal employee, but know that NAIJ, together with our parent union IFPTE, continues to be a strong advocate for immigration judges in all ways – with immigration court management, in the media, with Congress, and with the White House. And if necessary, in the courts.

With Mimi and Sam’s eventual departure, NAIJ needs new people to answer the call. We need your time, considered judgment, and skills in everything that we do. We work regularly with lobbyists, meet with Congressional staff, talk to reporters, write letters, get to know judges around the country, work with senior EOIR management, and provide assistance in helping solve problems big and small. Please consider joining the NAIJ Board. To learn more, reach out now to any member of the NAIJ Board.

Below are separate letters from Mimi and Sam about their decisions to step down from the immigration court. 

We look forward to seeing everyone tomorrow at the Federal Employment Law presentation.

– The NAIJ Board

LETTER FROM MIMI TSANKOV

Dear Colleagues, Friends, 

Serving as President of the NAIJ over the past nearly four years has been an incredible honor. And, it is with very mixed emotions that I announce I’ll be retiring, albeit a little earlier than expected, although not completely off my life plan. My last day in the office will be on Thursday, February 27th.

For purposes of continuity planning, at NAIJ, I plan to serve out the remainder of my term and will continue to work hard every minute of the day to support this group. That said, I am but one member of a dedicated team of equals that starts and ends every day working through the issues we know are creating worries for our colleagues. From advising on complaints, grievances, mediations, and arbitrations, to engaging with Agency management, our parent union, and the media, to strategizing with our support on Capitol Hill — it’s an exciting and demanding job made possible by the fact that the NAIJ Board not only enjoys the work, but finds it genuinely fulfilling to work on such a dynamic team.

Now, it’s not quite fair that a major component of this Board is retiring, too — Sam, not only our brilliant legal strategist, a proponent behind every good idea, but the warm blanket you need when things are going wrong in your court. He’s always got a plan, and will tell you honestly if it’s far-fetched or not. But, we’ve got him on the hook for many months ahead, and trust me, we’ll find him when we need him. 🙂

All of this said, we have so many incredibly strong team members – on the Board and in the field, stepping up every day to analyze the latest reg (or ‘tweet’), to identify concerns about a new Agency approach, and to connect with our members to better meet the needs of the group. We think through, again and again, if we need legal advice, if our tone is off, if our approach needs refining, and whether we need to pivot in a changing environment. We hope to get it right most of the time.

So, yes, it’s another transition in a sea of many. But, it’s also an opportunity to build out our next generation of leadership. I hope you’ll consider joining our Board, getting more involved at a local level, or just agreeing to serve as an NAIJ Buddy. It all matters and it helps us to cope with the uncertainty of this time period.

Yours, 

Mimi

LETTER FROM SAM COLE

Dear Judges, 

It has been a privilege and honor to serve in NAIJ leadership. My difficult decision to step down as an immigration judge was made even more agonizing by the eventual attendant loss of my work with NAIJ and all of you. 

Honestly, it’s a bit of a gut punch, and I feel a bit lost. These last eight years have been the realization of my lifelong ambition to be a judge, and when I took the IJ position, I could not have imagined the richness and complexity of life and law that I would experience. 

The professional reward of being an immigration judge, however, is soured by the environment in which all immigration judges work. We experience every day the top-down micromanagement of our duties and every moment of our time, combined with the bitter ping pong of immigration politics that infects all aspects of our job and steps on our independence.

This often-poisoned environment requires a strong association of judges to speak up for all of us. I have enjoyed so much playing my part in NAIJ, getting to know judges across the country, and ceaselessly advocating for all of us and for due process. I hope that one day we will have the independence that this job requires.

Writing this, I have no idea what I will do next in my career. It was just time to move on. Thank you for your friendship and support. I will remain in my role as NAIJ Executive VP through the elections this summer and will continue to support NAIJ long thereafter.

Sam

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Thank you both for your dedication, courage, and service to due process and furthering the best in American Justice, my friends! You will be missed!

🇺🇸 Due Process Forever!

PWS

02-25-25

⚖️👩🏻‍⚖️👨🏻‍⚖️🤯🤬 “ASHCROFT PURGE OF ’03 REDUX!” — As EOIR backlog approaches 4  million cases, and due process deteriorates, Trump Administration reportedly plans to reduce the size of the BIA by 13 Appellate Immigration Judges! — The “farce of independent quasi-judicial review” at the BIA continues in full swing as Article IIIs ignore the clear 5th Amendment due process violations inherent in the structure and politicized administration of “Immigration Courts” controlled by the Executive that are not able to function independently!🤯

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Been there, done that!

Redux of the “Ashcroft Purge of the BIA” in ‘03!🤮 That touched off a crisis in the Circuit Courts who were infuriated by the resulting sloppy “rubber stamp” denials and intemperate language from some IJs. Circuit Judges Posner (CA 7) and Walker (CA 2) were particularly harsh and publicly critical of EOIR’s poor performance. Former GOP House staff member and “practical scholar” Peter Levinson published the definitive analysis of this due process farce in his article “The Facade of Quasi-Judicial Independence In Immigration Appellate Adjudications,” available here: https://immigrationcourtside.com/2024/04/02/%e2%9a%96%ef%b8%8f-bia-expands-to-28-appellate-judges-plus-bonus-coverage-lest-we-forget-the-ashcroft-purge-of-the-bia/

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⚖️ BIA EXPANDS TO 28 APPELLATE JUDGES! — PLUS BONUS COVERAGE: “Lest We Forget: The Ashcroft Purge of the BIA!” Dan Kowalski reports: This document is scheduled to be published in the Federal Register on 04/02/2024 “On April 1,

Not surprisingly, following the purge, the BIA found it difficult to operate with an arbitrarily reduced number of members. To fill the gap that they had created, DOJ politicos and “EOIR Management” began designating senior BIA staff attorneys as “Temporary Board Members” (“TBMs”). Unlike the “purged members” who had gone through a competitive selection process prior to appointment, the designation of TBMs was solely within the discretion of EOIR Management subject to approval by the Deputy Attorney General.

Only “BIA staff insiders” were considered for these appointments. There was no transparent public selection process.

Significantly, the TBMs had no vote at en banc conferences nor could they vote on publication of precedents (although they could be panel members on published precedent decisions voted on by a majority of “permanent” Board Members). While their terms of service were supposed to be limited, subject to reappointment, this requirement was largely ignored by the DOJ and EOIR Management until somebody raised it as a potential issue and corrective action was taken. Obviously, TBMs who aspired to one day join the BIA on a permanent basis had every incentive not to “rock the boat” or show “undue independence” in a way that might displease EOIR Management or the DOJ politicos who were involved in such selections.

At first, this “insider process” was kept largely “below the radar screen.” But, eventually, as attorneys started noticing unfamiliar names on appellate decisions, the process was acknowledged by EOIR Management and the names and bios of the TBMs started appearing on the EOIR website. (The BIA had previously, on occasion, used field Immigration Judges, OCAHO ALJs, and rehired retired Board Members “sitting by designation,” on panels in a manner similar to the U.S. Circuit Courts of Appeals. The regulations had been changed to permit the designation of senior BIA staff as an additional option.) 

Eventually, the DOJ “came clean” and began once again expanding the “permanent membership” of the BIA without ever publicly acknowledging that it had been problematic and wasteful to reduce the BIA’s membership for political reasons in the first place. That expansion eventually reached 28 Appellate Immigration Judges as described in the “Courtside” link above.

So, now begins a new round of arbitrary, politically motivated, “reductions” in the size of the BIA, even in the face of overwhelming backlogs. But, if this “politically weaponized” parody of a ”court system” continues into the future, don’t be surprised if some future DOJ politicos return to the “TBM system” or start once again increasing the number of BIA “permanent” judges.

That, of course, highlights the bigger question: How does a “court system” where politically-motivated Executive Branch employees have complete control and discretion over the hiring, firing, and “supervision” of “administrative judges” pass muster under the due process clause of the 5th Amendment? Basically, both Article III Courts and the Congress have “punted” on the glaring conflicts of interest and inherent biases presented by such a “captive” tribunal.

Here’s additional coverage from Britain Eakin on Law360, quoting me, among others:

Trump Admin To Nearly Halve Immigration Appeals Board – Law360

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⚖️ Due Process Forever!

PWS

02-21-25

🏴‍☠️💀🤮🤬🤯 JUSTICE DENIED, BACKLOGS BE DAMNED! — “Perverse Valentine’s Day Massacre” 💔as Mass Firings Hit Immigration Courts! — Here’s one former Judge’s personal account of her firing: “I therefore had a unique perspective and experience that I could bring to my work as an immigration judge.” 🤯☹️

St. Valentine’s Day Massacre WallCreative Commons 2.0
St. Valentine’s Day Massacre Wall
Creative Commons 2.0

 

Here’s former Judge Kerry Doyle’s account of her recent firing by EOIR, as originally posted on LinkedIn. Notably, Judge Doyle is a widely-respected immigration expert, a “total pro,” with decades of professional experience, including both ICE and the private sector. In other words, she is exactly the kind of fair, “practical scholar” judge EOIR needs to carry out its real, even if disgracefully abandoned, mission of guaranteeing due process and fundamental fairness for all!

Happy Saturday! I truly hope all of you were able to spend some time with someone you love 💕 yesterday on Valentine’s Day—two legged or four 😉. Sadly, my day was a little more complicated. I was, via email, terminated by the Acting Director of EOIR as an immigration judge yesterday, February 14, 2025. 

I had not publicly posted that I had started working as an IJ in the hope of keeping my head down and just getting to work and avoiding having a bullseye on me. Unfortunately, I was unable to avoid the political pink slip. 

This firing occurred despite the fact that the Immigration Court currently has in the neighborhood of 3.5 MILLION pending cases and DOJ is asking Congress for more money to hire more people at EOIR! (Hint: don’t fire the people you already have!). This firing occurred despite the fact that among my peers in my court, I had the longest and most extensive experience in immigration law and had served both as a defense counsel representing immigrants, but also as the top immigration prosecutor as PLA with ICE. I therefore had a unique perspective and experience that I could bring to my work as an immigration judge. 

Sadly, DOJ cancelled our training that was to take place Feb. 10-14 (irony!) for me and the others hired late last year or early this year in my “class.” They never rescheduled it and then fired me and the rest of the new class yesterday.  A number of Assistant Chief Immigration Judges were also fired. I can’t say I was surprised this happened. I was expecting it, especially when I showed up in the notorious “DHS Watchlist” late last year. 

Significant time and resources went into hiring all of us and the group had a diverse background including a number of former OPLA prosecutors, but what we all had in common is that we were hired—through a neutral system I will point out—during the Biden Administration. This firing was political. 

Needless to say, I’m looking for a new opportunity so let me know if you have any tips!  Thanks to everyone. We will persist. What you do matters!

Her urgent message to the NDPA is truer now than ever: “What you do matters!” 

Thank you for your service to our nation and to our justice system, Judge Doyle! 🇺🇸👍🏼🎖️⚖️🗽 

Here’s additional coverage forwarded by Debi Sanders: https://wtop.com/national/2025/02/justice-department-fires-20-immigration-judges-from-backlogged-courts-amid-major-government-cuts/

It was also covered by NBC national news, albeit briefly, in a segment about the wider firing of probationary civil servants.

⚖️ DUE PROCESS FOREVER!

PWS

02-16-25

⚖️⚔️🗽🛡️💪🏼 BECOME A POWERFUL WARRIOR FOR JUSTICE IN AMERICA🇺🇸 — Join Us in KC, April 24-26, For the Eighth Annual Immigration Court Trial Advocacy College! — Register at the link!

Fats Domino
“Goin to Kansas City, Kansas City here I come!” Be there, or be square!                                                    Fats Domino (1928-2017)
R&B, R&R, Pianist & Singer
Circa 1980 PHOTO: Creative Commons.                                                                Here’s the registration link:

https://thepen-and-swordkc.org/events/eighth-annual-immigration-court-trial-advocacy-college/

See you there!

⚖️ Due Process Forever!

PWS

02-`14-25

⚖️🗽💪🦸🏻‍♀️😎 WHAT MAKES IT ALL WORTHWHILE: In a time of intentional chaos, irrational cruelty, and extreme misgovernance, we must celebrate and be inspired by the daily individual victories of the NDPA!

Equal Justice
Equal Justice
FROM: United Nations, Creative Commons License

Got this from a former student last week:

Happy New Year! Just wanted to share a victory with you, I had my first bond hearing today and I got it granted over ICE objections! I was channeling you the whole time!

Due Process Forever!⚖️😎

PWS

02-02-25