David Leopold Warns About Possible Five-Point Attack On Immigrants By Attorney General Sessions

http://www.huffingtonpost.com/entry/five-chilling-ways-senator-jeff-sessions-could-attack-immigrants-as-attorney-general_us_5870022ce4b099cdb0fd2ef7

“As the nation’s top lawyer, head of the immigration court, and civil rights officer, Jeff Sessions would have access to multiple tools to harm immigrants and undermine due process. Given his rhetoric and record as a United States Senator, as well as his association with anti-immigrant extremists, there is every reason to believe he would use all of them.

Here are five ways Sessions could attempt to undermine immigrants and immigration policy if confirmed as Attorney General:

Impose his radical, anti-immigrant ideology on decisions by the federal immigration courts;

Expand the number of immigrants who are deported even though they qualify for a green card or asylum;

Reduce access to legal counsel and information about immigrants’ legal rights;

Criminalize immigrants by bringing trumped up charges against ordinary workers; and

Strong arm state and local police to become Trump deportation agents

Of course, any attempt Sessions would make to undermine civil and due process rights will be met by strong litigation from the outside. But the U.S. Senate should block his confirmation from the start, as Senator Sessions is highly unqualified for this position and has showed a profound disregard for civil and human rights.”

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Sorry, David, but Jeff Sessions has the votes to be confirmed as the next Attorney General.  Those who don’t like that can rant, but that’s not going to change the reality that Donald Trump won the Presidential election and the Republicans firmly control both Houses of Congress.

When you lose elections at the national and state levels, like the Democrats did, you end up with next to no leverage on appointments or policies unless you can reach across the aisle and strike a chord with at least some Republicans.  Right now, it appears that all Republican Senators, and probably a few Democrats, ewill vote for Senator Sessions’s confirmation.  Whatever his pros and cons, Senator Sessions appears to have had the wisdom to be polite and cordial to his colleagues and to occasionally reach across the aisle on issues of common interest.  Rightly or wrongly, that seems to count for a lot when current or former Senators come up for confirmation to Executive Branch positions.

So barring a “bombshell” next week, and I must say his record has been “flyspecked” — regardless of what he put in the Judiciary Committee questionnaire — that’s unlikely.  For better or worse, Senator Session’s views on a wide variety of subjects and his conduct as a public servant over many decades are a matter of public record.  Nothing in that record seems to have given pause to any of his Republican Senate colleagues.

That being said, it woulds be nice to think that upon hearing some of the criticisms, Jeff Sessions will reflect on the huge differences between being a Senator from Alabama, the Attorney General of Alabama, and a U.S. Attorney for Alabama, and the wider responsibilities of being the chief law enforcement official, legal adviser, and litigator representing all of the People of the United States, not just the Trump Administration.

David is, of course, correct to focus on Attorney General Session’s vast authority over immigration.  He will control a huge and critically important U.S. Immigration Court System currently sporting a backlog of more than one-half million cases and suffering from chronically inadequate judicial administration and lack of basic technology like e-filing.  While there certainly is an interrelationship among civil rights, human rights, and due process in the Immigration Courts, there is every reason to believe that Attorney General Session’s biggest impact will be in the field of immigration.

If things go as David predicts, then the battle over fundamental fairness and due process in immigration policy and the Immigration Courts is likely to be fought out in the Article III Federal Courts, which, unlike the Immigration Courts, aren’t under Executive control.  That will have some drawbacks for everyone, but particularly for the Trump Administration.

And, if Sessions is wise, he’ll look back at what happened when the Bush Administration tried to promote a “rubber stamp” approach to justice and due process in the Immigration Courts.  The U.S. Courts of Appeals were outraged at the patent lack of due process and fundamental fairness as “not quite ready for prime time” cases were “streamlined” and thrown into the Courts of Appeals for review with glaring factual errors and remarkable legal defects. Not totally incidentally, this also dramatically increased their workload, with judicial review of immigration matters occupying a majority of the docket in several prominent circuits.

As a result, cases were returned to the Board of Immigration Appeals, who then returned them to the Immigration Courts for “re-dos,” in droves. The Courts of Appeals lost faith in the Executive’s ability to run a fundamentally fair, high quality Immigration Court System, and basically placed the Immigration Courts into “judicial receivership” until things stabilized at least somewhat. The waste and abuse of taxpayer dollars caused by this “haste makes waste” approach was beyond contemplation and, for a time, threatened to paralyze the entire American justice system.

Additionally, it would be a huge mistake for the Trump Administration to view the Bush Administration’s Immigration Court debacle as the product of “bleeding heart liberal appellate judges” appointed by President Bill Clinton.  The criticism from Article III Judges cut across political lines.  Two of the most outspoken judicial critics of the Bush Administration’s handling of the U.S. Immigration Courts were Republican appointees:  then Chief Judge John M. Walker, Jr. of the Second Circuit and Judge Richard Posner of the Seventh Circuit. Indeed, Judge Walker is a cousin of former President George H.W. Bush.

Obviously, those who favor greater immigration enforcement won the election and are going to have a chance to try out their policies. But, “enhanced enforcement” is likely to be effective only if we have a fair, impartial, and totally due process oriented Immigration Court System.

In other words, the Immigration Courts must be a “level playing field” with judges who, in the words of Chief Justice Roberts, play the role of “impartial umpires” between those seeking to stay in our country and those seeking to remove them.  Results from such a due-process oriented system would be more likely to inspire confidence from the U.S. Courts of Appeals, thereby increasing the stature of the Immigration Courts and their ability to achieve final resolutions at the initial, and most cost-efficient, level of our justice system.  Due process and fairness in the Immigration Court System should be a nonpartisan common interest no matter where one stands on other aspects of  the “immigration debate.”

We are about to find out what Attorney General Jeff Sessions has in mind for the U.S. Immigration Courts and the rest of the U.S. justice system.  I’m hoping for the best, but preparing to assert the essential constitutional requirement for due process in the Immigration Courts if, as David predicts, it comes under attack.

Due Process Forever!

PWS

01/07/16

 

 

 

 

Are We On The Verge Of A “Winner Take All” Supreme Court? Will Senate Control Be Required For Future Presidents To Appoint New Justices?

https://www.bloomberg.com/view/articles/2017-01-05/the-incredible-shrinking-supreme-court

Noah Feldman, columnist and Harvard Law Professor, writes in BloombergView:

“If the incredible shrinking Supreme Court sounds unimaginable, that should count as a reason to expect the Senate Republicans to break the filibuster. But an eight-justice court seemed pretty unimaginable when Justice Scalia died last February — and it’s become a reality, at least for the moment.

Even if the filibuster is overcome, there already seems to have been long-term change in the way Supreme Court seats are filled. If the Democrats had a majority in the Senate today, it seems entirely possible that they would be saying they’d refuse to vote on Trump’s nominee for the next four years. Some version of winner-take-all confirmation politics may already be with us.”

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After reading Professor Feldman’s article, seems to me that a very plausible scenario is that if the Democrats try to block a Trump nominee, the Republicans will retaliate by extending the “nuclear option ” to Supreme Court appointments, thereby allowing Trump nominees to get through the confirmation process with a “bare majority” vote of 51.  The Republicans now have 52 votes in the Senate.

Thereafter, it’s hard to imagine circumstances under which a President whose party is in  the Senate minority will be able to fill any Supreme Court vacancies.  Additionally, the minority party (of course, Democrats at present) will lack “leverage” to force a President to appoint so-called “mainstream” candidates.  As long as all, or almost all, of the Senators in the majority party are willing to support the candidate, he or she will be confirmed, no matter how “extreme ” his or her views might be considered by the minority.

This would 1) make the Supreme Court an even bigger issue in Presidential and Senatorial elections than it is now (and it’s big right now); and 2) lead to a more polarized Supreme Court, since the only limit on a President would be his or her ability to “sell” the nominee to his own party.

Finally, I don’t see any reason why this development would stop at the Supreme Court.  Why wouldn’t the Senate majority party block a President from the opposing party from appointing Federal Circuit Court and even U.S. District Judges, hoping to be able to “run the table” and fill huge numbers of vacancies if they can win back the Presidency?

PWS

01/07/17

Read Political Satire From Andy Borowitz: “Nation with Crumbling Bridges and Roads Excited to Build Giant Wall”

http://www.newyorker.com/humor/borowitz-report/nation-with-crumbling-bridges-and-roads-excited-to-build-giant-wall

“WASHINGTON ()—As America’s bridges, roads, and other infrastructure dangerously deteriorate from decades of neglect, there is a mounting sense of urgency that it is time to build a giant wall.

Across the U.S., whose rail system is a rickety antique plagued by deadly accidents, Americans are increasingly recognizing that building a wall with Mexico, and possibly another one with Canada, should be the country’s top priority.

Harland Dorrinson, the executive director of a Washington-based think tank called the Center for Responsible Immigration, believes that most Americans favor the building of border walls over extravagant pet projects like structurally sound freeway overpasses.

“The estimated cost of a border wall with Mexico is five billion dollars,” he said. “We could easily blow the same amount of money on infrastructure repairs and have nothing to show for it but functioning highways.”

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Will the incoming Trump Administration sound the death knell for political satirists like Andy Horowitz?  It’s getting pretty hard to tell the difference among “satire,” “fake news,” “made up facts,” and what passes for “truth” these days.

After all, we do actually have a a group of so-called “fiscal conservatives” in Congress lining up to throw perhaps as much as eight billion dollars (almost like “real money”) at a project that most immigration experts, whether “hardliners” or “softliners,” agree is a waste of time and money and won’t solve the problems of border security and immigration enforcement.  These same legislators can’t, or won’t, come up with the money to fund things like health care, the safety net, public education, our infrastructure, or government salaries.

And, for those of us who are, probably naively, hoping that soon to be Attorney General Jeff Sessions would take his new, broader responsibilities to our country seriously, rethink some of his ill-advised anti-immigrant positions, and at least occasionally act as the “adult in the room”  — counseling prudence and moderation — there is some, perhaps not unexpected, bad news.

According to the article below from today’s Washington Post, Sessions and his closest advisers apparently are working behind the scenes to “egg on” the Administration and Congress to throw taxpayer money at this futile, and nationally embarrassing, project. Could we fix the current mess in the U.S. Immigration Courts — which Sessions will run — for eight billion dollars?  You bet we could!

We could build a first-class, independent, due process oriented court system that would be a source of national pride and would live up to its currently unfulfilled vision of “through teamwork and innovation be the world’s best tribunals, guaranteeing fairness and due process for all.”   And, there would be plenty left over from the eight billion dollars to spend on thoughtful immigration and border enforcement if that’s what Sessions and others in the Administration and Congress really want.  It should be a classic “win-win.”  But, will it happen?  Only time will tell.  But, the early signs aren’t very promising.

https://www.washingtonpost.com/politics/hill-republicans-embrace-building-of-border-wall-despite-cost/2017/01/06/06f29b18-d432-11e6-9cb0-54ab630851e8_story.html?utm_term=.fac057dfce36

PWS

01/07/16

Can “Globalists” and “Nationalists” Bridge Their Gap And Find Some Middle Ground For The Common Good?

http://www.wsj.com/articles/we-arent-the-world-1483728161

“Above all, globalists should not equate concern for cultural norms and national borders with xenophobia. Large majorities of Americans, for example, welcome immigrants so long as they adopt American values, learn English, bring useful skills and wait their turn. Australia’s low tolerance for illegal immigration helps to maintain public support for high levels of legal entrants.

“We’ve created this false dichotomy that if you’re not for open borders, you’re racist,” says Avik Roy, president of the conservative Foundation for Research on Equal Opportunity and a former adviser to Republican presidential candidates. “There is some sort of middle ground between a nationalist and globalist approach,” Mr. Roy argues.

Even as committed a globalist as Mr. Obama has come to acknowledge this. Democrats, he told Rolling Stone the day after the election, must recognize that “for the majority of the American people, borders mean something.”

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This very interesting and thought provoking article by Greg Ip from the Wall Street Journal points out that the old “left – right” political struggles have been replaced by a contest between “globalism” and “nationalism” that often crosses some of the traditional political boundaries between left and right.

It also echoes some of the themes about the need to “understand where the other guys are coming from” rather than just “demonizing the opposition” that have been raised in previous blogs and comments by Thomas “Mink” Felhofer and Nolan Rappaport.

The world is definitely changing, and many of the “old norms” are breaking down.  The challenge is how to find some stability in the middle that doesn’t sacrifice or run across strongly held views or principles.

When I was the Chairman of the Board of Immigration Appeals, I found one of the difficulties in reaching “consensus positions” is that, unlike a “compromise,” a “consensus” requires both ends of the spectrum to nominally support, or at least refrain from public disagreement with, the result.  That’s a challenge when judges, or anyone else, have worked in the area for many years and have strong views tied to their underlying principles.  For better or worse, on many occasions, the best we could do was “agree to disagree” and move on to the next case.  That’s at best a “compromise”  — “you win” this time but we’ll preserve our objections for the future — rather than a “consensus.” But, at least the results were very transparent and arguments for and against carefully developed for future debate.

PWS

01/07/17

First “Refugee Ball” To Be Held In DC on January 17, 2017!

http://www.asylumist.com/2017/01/06/the-refugee-ball-why-we-celebrate/

“Here, though, I want to talk about what we are celebrating, and why. The “reason for the season,” as it were. The Ball takes place a day after the Martin Luther King, Jr. holiday. Dr. King famously said, the “arc of the moral universe is long, but it bends towards justice.” Of course, the arc does not bend by itself. People have to work hard to push it in the right direction.

One purpose of the Ball is to celebrate the people who help bend the arc by assisting refugees and asylum seekers: Lawyers, doctors, social workers, activists, students, and advocates.

But more than those of us who are helping refugees and asylum seekers, the purpose of the Ball is to celebrate the refugees and asylum seekers themselves; people who have worked and sacrificed and struggled for justice. Attending the Ball will be activists for democracy and peace and women’s rights, journalists who have stood up for free speech against tyrants, advocates for gay and lesbian rights, members of religious minorities who have risked their lives for their faith, members of oppressed ethnic minorities and oppressed nationalities, interpreters and aid workers who have stood shoulder-to-shoulder with our own country’s soldiers and diplomats in places like Afghanistan and Iraq. These people—asylum seekers and refugees—have risked their careers, their property, and their lives in order to help bend the arc of the moral universe towards justice.”

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For complete information on the Refugee Ball and how you can  attend and support it, go over to The Asylumist on the above link.

PWS

01/07/17

Post Editorial Decries GOP’s Unprovoked Attack On Civil Service Merit System!

https://www.washingtonpost.com/opinions/a-resurrected-house-rule-threatens-open-season-on-the-civil-service/2017/01/06/89881132-d448-11e6-a783-cd3fa950f2fd_story.html?utm_term=.a8262ed56f2c

“The move follows efforts by President-elect Donald Trump’s transition team to identify employees in the Energy Department who work on climate change and jobs in the State Department devoted to gay and women’s rights. The combination of events underscores the inherent danger. Competence and performance — not adherence to ideology — should be the basis for federal employment. That is why the civil service replaced the system of political spoils.

If members of Congress don’t like particular programs — Mr. Griffith is apparently peeved by a federal program that pays for the care of wild horses on federal land in the West — they can choose not to appropriate funds to implement them. If they want to change civil-service rules to target poor performance or reward good work, they have that power too. If they are incapable of properly exercising these constitutional authorities, maybe it is their salaries that should be slashed to $1.”

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In the previous blog posting, http://wp.me/p8eeJm-5v Jason Dzubow (“The Asylumist”) noted the falling morale and apprehension among civil servants involved in immigration enforcement and adjudication. He urged them to  to remain at their posts and continue working for the ideals of fair and competent administration of some very difficult laws and overall “good government.”

But, as noted here and in my previous blog, http://wp.me/p8eeJm-4O these could be challenging times for the dedicated public servants whose hard work keeps our immigration system afloat and our Government functioning, in light of the unbridled hostility toward our own Government shown by the GOP at both the Congressional and Administration levels.

I agree with Jason.  I hope that the numerous great folks that I came in contact with during my many years of public service “hang in there” and continue to strive to “do the right thing” every day.  But, that’s easy for me to say from my current vantage point as a retiree.  It’s much harder for those who are actually trying to get the job done with neither support nor appreciation from those who should be most grateful.

As an Immigration Judge at both the trial and appellate levels, I was often struck with how the fundamental difference between the countries people were fleeing and the United States was honest, reliable government committed to the common good.  In most repressive countries, the government at all levels was staffed by political cronies or supporters of the ruler who viewed their government positions as a license to extort, steal, abuse, and even sometimes kill, those “on the outs” with the powers the be.  Many applicants were skeptical of all governments, including our own.  The concept that government officials would treat them fairly and listen to their claims with an open mind, rather than just seeking to carry out a political or personal agenda, simply wasn’t in their sphere of experience.

The Federal Civil Service isn’t perfect.  It can and should be improved.  But, it remains one of the “crown jewels” of our democratic republic.  The hostility of some of those who comprise the political arms of our government to the concept and operation of a merit-based, nonpartisan, nonpolitical Civil Service should be of deep concern to all of us.

PWS

01/07/16

 

The Asylumist (Jason Dzubow) Urges Public Servants In Immigration Enforcement And Adjudication To “Stay” — “You Are Exactly The Type of Person We Need!”

In his “Open Letter” to Feds, Dzubow writes:

“In speaking to some DOJ and DHS attorneys and officers since the recent election, I have seen a certain level of demoralization. Some people have expressed to me their desire to leave government service. While these individuals respect and follow the law–even when the results are harsh–they are not ideological. They do not hate immigrants (or non-white people, or Muslims) and they do not want to enable or contribute to a system that they fear will become overtly hostile to immigrants that President Trump considers undesirable. I suppose if I have one word of advice for such people, it is this: Stay.

If you are a government attorney or officer and you are thinking of leaving because you fear an overtly ideological Administration, you are exactly the type of person that we need to stay. As has often been the case in recent decades, an honest, competent bureaucracy is the bulwark against our sometimes extremist politics.

It’s likely that if you are a government employee who is sympathetic to non-citizens, your job will get more difficult, the atmosphere may become more hostile. It will be harder to “do the right thing” as you see it. Opportunities for promotions may become more limited. Nevertheless, I urge you to stay. We need you to help uphold the law and ensure due process for non-citizens and their families. To a large extent, our immigration system is as good or as bad as the people who administer the law. We need the good ones to stay.”

http://www.asylumist.com/2016/12/22/an-open-letter-to-my-friends-at-dhs-and-doj/

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I blogged yesterday about the outrageous attack on the Civil Service System and career public servants by the House GOP:

http://wp.me/p8eeJm-4O

As noted by Jason, one of those urging such cowardly attacks on the fabric of our Government and those who keep it running is Newt Gingrich.  Interestingly, while in Congress, Gingrich was censored by his colleagues for ethics abuses while on the public payroll.

PWS

01/06/17

From “John Kelly’s Washington” In The Washington Post: Kudos To Local NGOs Homestretch And The Tahirih Justice Center For Saving A Migrant Victim Of Human Trafficking!

https://www.washingtonpost.com/local/it-feels-horrible-and-lonely-a-victim-of-human-trafficking-describes-her-ordeal/2017/01/05/18ab5654-d281-11e6-945a-76f69a399dd5_story.html?utm_term=.a3085f919767

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Tahirih Justice Center did some wonderful pro bono representation in the Arlington Immigration Court.  As I frequently note, representation is the key to success in immigration matters!

PWS

01/06/17

 

EOIR Hits The Airwaves with First YouTube Release — See The Blockbuster Hit “Recognition And Accreditation Programs — 2016” Starring Steven Lang and Peggy Gleason! Learn About The Recently Revised Procedures For Recognition and Accreditation!

https://www.youtube.com/watch?v=kV_yNi23nbQ

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This is “Must See TV” for all NGOs who practice, or wish to practice, before the U.S. Immigration Court and the DHS!  An impressive offering for an agency that houses the only major U.S. court system unable to implement the not-so-new technology for electronic filing!

PWS

01/06/17

 

Advocates: Here’s Your Opportunity To Shape The Future Of American Immigration Law — Don’t Blow It! — BIA Asks For Amicus Briefing On Whether “Misprision Of A Felony” Is A “Crime Involving Moral Turpitude!”

Amicus Invitation No. 17-01-05
AMICUS INVITATION (MISPRISION OF A FELONY), DUE FEBRUARY 6, 2017

The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue:

ISSUES PRESENTED:

  1. (1)  Does the offense of misprision of a felony under 18 U.S.C. § 4 categorically qualify as a crime involving moral turpitude? Please see in that regard and address Matter of Robles- Urrea, 24 I&N Dec. 22 (BIA 2006), reversed, Robles-Urrea v. Holder, 678 F.3d 702 (9th Cir. 2012); and Itani v. Ashcroft, 298 F.3d 1213 (11th Cir. 2002).
  2. (2)  Assuming the Board should decide to adhere to Matter of Robles-Urrea, supra, in circuits other than the Ninth, is the application of such precedent impermissibly retroactive to convictions for acts committed prior to the publication of Matter of Robles- Urrea inasmuch as that decision overruled a prior precedent holding that misprision of a felony was not a crime involving moral turpitude?

Request to Appear as Amicus Curiae: Members of the public who wish to appear as amicus curiae before the Board must submit a Request to Appear as Amicus Curiae (“Request to Appear”) pursuant to Chapter 2.10, Appendix B (Directory), and Appendix F (Sample Cover Page) of the Board of Immigration Appeals Practice Manual. The Request to Appear must explicitly identify that it is responding to Amicus Invitation No. 17-01-05. The decision to accept or deny a Request to Appear is within the sole discretion of the Board. Please see Chapter 2.10 of the Board Practice Manual.

Filing a Brief: Please file your amicus brief in conjunction with your Request to Appear pursuant to Chapter 2.10 of the Board of Immigration Appeals Practice Manual. The brief accompanying the Request to Appear must explicitly identify that it is responding to Amicus Invitation No. 17-01-05. An amicus curiae brief is helpful to the Board if it presents relevant legal arguments that the parties have not already addressed. However, an amicus brief must be limited to a legal discussion of the issue(s) presented. The decision to accept or deny an amicus brief is within the sole discretion of the Board. The Board will not consider a brief that exceeds the scope of the amicus invitation.

Request for Case Information: Additional information about the case may be available. Please contact the Amicus Clerk by phone or mail (see contact information below) for this information prior to filing your Request to Appear and brief.

Page Limit: The Board asks that amicus curiae briefs be limited to 30 double-spaced pages.

Deadline: Please file a Request to Appear and brief with the Clerk’s Office at the address below by February 6, 2017. Your request must be received at the Clerk’s Office within the prescribed time limit. Motions to extend the time for filing a Request to Appear and brief are disfavored. The briefs or extension request must be RECEIVED at the Board on or before the due date. It is not sufficient simply

1

to mail the documents on time. We strongly urge the use of an overnight courier service to ensure the timely filing of your brief.

Service: Please mail three copies of your Request to Appear and brief to the Clerk’s Office at the address below. If the Clerk’s Office accepts your brief, it will then serve a copy on the parties and provide parties time to respond.

Joint Requests: The filing of parallel and identical or similarly worded briefs from multiple amici is disfavored. Rather, collaborating amici should submit a joint Request to Appear and brief. See generally Chapter 2.10 (Amicus Curiae).

Notice: A Request to Appear may be filed by an attorney, accredited representative, or an organization represented by an attorney registered to practice before the Board pursuant to 8 C.F.R. § 1292.1(f). A Request to Appear filed by a person specified under 8 U.S.C. § 1367(a)(1) will not be considered.

Attribution: Should the Board decide to publish a decision, the Board may, at its discretion, name up to three attorneys or representatives. If you wish a different set of three names or you have a preference on the order of the three names, please specify the three names in your Request to Appear and brief.

Clerk’s Office Contact and Filing Address:

To send by courier or overnight delivery service, or to deliver in person:

Amicus Clerk
Board of Immigration Appeals Clerk’s Office
5107 Leesburg Pike, Suite 2000 Falls Church, VA 22041 703-605-1007

Business hours: Monday through Friday, 8:00 a.m. to 4:30 p.m.
Fee: A fee is not required for the filing of a Request to Appear and amicus briefs.

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The key case to read is Robles-Urrea v. Holder, 678 F.3d 702 (9th Cir. 2012), where the Ninth Circuit rejected the BIA’s conclusion in Matter of Robles- Urrea, 24 I&N Dec. 22 (BIA 2006) that misprision of a felony is “categorically” a “crime involving moral turpitude” for removal purposes.

In  simple terms, among other things, the BIA is now considering whether to “blow off” the reasoning of the Ninth Circuit in other circuits and adhere to its prior interpretation which the Ninth Circuit found to be wrong and which, of course, is must less favorable to respondents.

So, anybody who thinks that the BIA is about to “bark up the wrong tree” here (and, not for the first time, ignore the well reasoned decision of an Article III Court under the so-called “Chevron doctrine”) better get their group together and get crackin’ on a brief to convince the BIA that the Ninth Circuit got it right.

The deadline is February 6, 2017, (WARNING:  The BIA seldom extends amicus deadlines) and everything you need to know about how to file the brief is in the BIA’s notice, reproduced above.

Here are links to Robles-Urrea v. Holder:  https://casetext.com/case/roblesurrea-v-holder

and Matter of Robleshttps://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3542.pdf to help you get started.

Good luck!

PWS

01/06/17

Guess Who’s Going To Pay For That “Great Wall?” — Surprise: We Are, As Reported By CNN! — President Elect Trump blames “Dishonest Media!”

http://www.cnn.com/2017/01/05/politics/border-wall-house-republicans-donald-trump-taxpayers/index.html

“Washington (CNN)President-elect Donald Trump’s transition team has signaled to congressional Republican leaders that his preference is to fund the border wall through the appropriations process as soon as April, according to House Republican officials.

The move would break a key campaign promise when Trump repeatedly said he would force Mexico to pay for the construction of the wall along the border, though in October, Trump suggested for the first time that Mexico would reimburse the US for the cost of the wall.
Trump defended that proposal Friday morning in a tweet, saying the move to use congressional appropriations was because of speed.

“The dishonest media does not report that any money spent on building the Great Wall (for sake of speed), will be paid back by Mexico later!” Trump tweeted Friday.”

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President Elect Trump promises that he will negotiate “full reimbursement” from Mexico at a later date.  Don’t hold your breath.  Yeah, as the President Elect notes, we’re Mexico’s biggest trading partner;  but, Mexico is also one of our biggest. As a fast developing economy, I’m guessing that lots of other countries would be willing to do business with Mexico on favorable terms if the climate in the U.S. gets too stormy.

PWS

01/06/16

Sessions Garners Support From Son Of “Marion 3” Defendants — N/W/S Controversy, Confirmation Appears Likely — As AG, He Will Administer One Of Our Most Important Court Systems: The United States Immigration Court!

https://www.washingtonpost.com/world/national-security/alabama-politician-whose-parents-were-prosecuted-by-sessions-endorses-him-for-attorney-general/2017/01/04/51c89608-d29b-11e6-945a-76f69a399dd5_story.html?utm_term=.6469f01a24e7

“Albert F. Turner Jr., the son of civil rights activists who were prosecuted by Republican Sen. Jeff Sessions in a controversial voting fraud case 32 years ago, said Wednesday he supports the Alabama lawmaker’s nomination to be attorney general.

“My family and I have literally been on the front line of the fight for civil rights my whole life,” said Turner, a county commissioner in Perry County, Ala. “And while I respect the deeply held positions of other civil rights advocates who oppose Senator Sessions, I believe it is important for me to speak out with regard to Senator Sessions personally. . . . He is not a racist.”

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Another article in the Washington Post discusses positive aspects of Senator Session’s character and career.  He appears to be someone who engenders strong feelings, both positive and negative.

https://www.washingtonpost.com/national/dueling-images-of-attorney-general-nominee-jeff-sessions/2017/01/05/e96bb796-d36e-11e6-9651-54a0154cf5b3_story.html?utm_term=.ecd459fbad2c

But, unless something quite unexpected comes up during his confirmation hearing, Senator Sessions appears to be well on his way to confirmation as the next Attorney General.

Although most of the focus has been on Civil Rights, as Attorney General, Jeff Sessions’s most important and largely overlooked role probably will be his authority over the hugely important and highly troubled — to the tune of a stunning 530,000+ case backlog which continues to grow — United States Immigration Court System, with both trial and appellate branches administered by the DOJ through the Executive Office for Immigration Review (“EOIR”).

Although many experts have called for establishing a truly independent Immigration Court System outside of the DOJ, the current reality is that the DOJ controls perhaps the largest and most important Federal Court System.  Whether as Attorney General Jeff Sessions nurtures, supports, and improves the independent due process mission of the Immigration Courts, or rather tries to undermine and “game” the Immigration Courts’ due process role, as some of his predecessors have done, will, to a much larger extent than most imagine, determine the future of our nation.

PWS

01/06/17

 

L.A.’s Already Overwhelmed Immigration Court Could Simply Collapse Under A Trump Enforcement Initiative!

http://www.scpr.org/programs/take-two/2016/12/27/54010/la-s-busy-immigration-courts-could-swell-under-tru

“The burden on judges could also increase, as dockets swell with more cases and those on the bench come under increasing pressure to render decisions.

“I see this as a pot that is going to boil over and scald everybody,” said Bruce Einhorn, a former immigration judge in Los Angeles. “I just don’t see pragmatically how you can almost double the number of cases without spending huge amounts of money to try to accommodate the dockets of the cases already on schedule and those that will be brought into the system.”

The backlog of cases is not new. It has steadily increased over the past decade — even as fewer immigrants have been apprehended along the Southwest border in recent years. In response, the Executive Office for Immigration Review, the agency that oversees the courts, has added more judges, including one to Los Angeles in November. It’s also prioritized juvenile cases in an effort to speed up cases of migrant youth.”

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The full article, at the link, contains a 9-minute audio segment. Does anyone seriously think that adding one Immigration Judge in Los Angeles or “prioritizing” juvenile cases will solve this mess?

Actually, the misguided prioritization of juvenile cases, many of them unrepresented, over longer pending cases of represented individuals is exactly the type of “Aimless Docket Reschuffling” that has created a practically insurmountable backlog in the Immigration Courts, notwithstanding a modest decline in new case receipts and a modest increase in resources.  The inability of the DOJ and EOIR to establish an efficient merit hiring system for new Immigrstion Judges and poor planning for additional courtrooms to house new judges has also aggravated the problem.

PWS

01/05/17

 

 

Legal Representation Funds & Accredited Representatives — A Smarter Approach For “Sanctuary Cities?”

http://thehill.com/blogs/pundits-blog/immigration/312909-sanctuary-cities-have-a-new-cheaper-way-to-help-undocumented

Nolan Rappaport writes in The Hill:

“A few days after the Chicago City Council approved Mayor Emanuel’s Legal Protection Fund, Los Angeles officials announced that they had created a legal defense fund too. With help from philanthropists, Los Angeles established a $10 million fund to provide legal assistance for the city’s undocumented immigrants who are placed in removal proceedings.

These funds are an extension of their sanctuary city status to protect undocumented immigrants.

Chicago passed such an ordinance four years ago which provides that police can only give federal immigration officers information on undocumented immigrants that have arrest warrants out on them or are convicted criminals. This only applied to Chicago.

California, Connecticut, New Mexico, and Colorado have made their entire states immigrant sanctuaries.

Point No. 4 in President-Elect Trump’s 10-Point Plan to Put America First calls for an end to sanctuary cities, which presumably will be done by threatening to withhold federal funds from cities that refuse to cooperate with his administration’s enforcement program.

Mayor Emanuel’s Legal Protect Fund may be a more effective way to protect undocumented immigrants from deportation and it should avoid that threat.

The benefit of legal representation is illustrated by TRAC statistics which show that the likelihood of success with an asylum application is much higher with representation [chart omitted].”

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New York City has also done some outstanding work on providing representation to needy migrants in Immigration Court.  In the full article, Nolan also points out that EOIR’s recently revised program for non-attorney Accredited Representatives — now administered by the Office of Legal Access Programs (“OLAP”) rather than the Board of Immigration Appeals (“BIA”) — presents important opportunities for improving and expanding  pro bono representation.

Additionally, Professor Michele Pistone of Villanova Law School is developing a revolutionary “modular training program” for Accredited Representatives that could dramatically increase both the number and quality of those willing to serve nonprofit organizations in this currently underutilized capacity.

Looks like lots of creative thinking combined with effective action is going on among the members of the immigration pro bono community.  Providing and facilitating representation is is probably the most important aspect of providing due process in Immigration Court.  In stark contrast to these efforts by the non-Federal sector, the “prioritization” of cases of recently arrived families by the U.S. Department of Justice has seriously impeded due process in contravention of the mission and vision of the U.S. Immigration  Courts.

PWS

01/06/17

 

House GOP Declares War On All Feds!

https://www.washingtonpost.com/local/virginia-politics/house-republicans-revive-obscure-rule-that-could-allow-them-to-slash-the-pay-of-individual-federal-workers-to-1/2017/01/04/4e80c990-d2b2-11e6-945a-76f69a399dd5_story.html?hpid=hp_rhp-top-table-main_fedpay-1230pm:homepage/story&utm_term=.972e5d74eeea

“The rule was the first thing House Minority Whip Steny H. Hoyer (D-Md.) railed against Tuesday in a floor speech objecting to an overarching rules package, which includes the Holman provision.

“Republicans have consistently made our hard-working federal employees scapegoats, in my opinion, for lack of performance of the federal government itself,” he said. “And this rule change will allow them to make shortsighted and ideologically driven changes to our civil service.”

The rule changes the process of passing spending bills by allowing any rank-and-file House member to propose an amendment that would cut a specific federal program or the jobs of specific federal employees, by slashing their salaries or eliminating their positions altogether.

Before this rule change, an agency’s budget could be cut broadly, but a specific program, employee or groups of employees could not be targeted because of civil service protections.

Republicans and Trump advisers have been quietly drawing up plans since the election to erode some of the job protections and benefits that federal workers have received for a generation, starting with a hiring freeze Trump has pledged to put in place in his first 100 days in office.”

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Anybody who thinks this group is going to govern and exercise power in a responsible manner is likely to be in for a rude awakening.  As they have in the past, the GOP wastes time and the People’s money mounting baseless attacks on their own Government, rather than working in a bipartisan manner to solve the real problems facing our country.  Most discouraging.

Maybe they need to look inward to see whose efforts aren’t worth what we are paying them.  Note that this nonsense was just after the House GOP’s first ordker of business was gutting the ethics rules that keep them in line and make them accountable. Only immediate, widespread public outrage and a swift negative reaction from President-Elect Trump made them back down from that outrageous abuse of power and privilege.

PWS

01/05/17