🗽⚖️😎👍 ANOTHER “W” FOR THE GOOD GUYS 😇 — ROUND TABLE 🛡️⚔️ ON THE WINNING TEAM AGAIN, AS BIA REJECTS DHS’S SCOFFLAW ARGUMENTS ON NOTICE! — Matter of Luis AGUILAR HERNANDEZ — “Sir Jeffrey” 🛡️ Chase Reports!

Jeffrey S. Chase
Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Coordinator & Chief Spokesperson, Round Table of Former Immigration Judges

A Victory before the BIA!

Hi All: I hope you are not getting tired of all the winning. Today, the BIA issued a precedent decision on the whole Pereira and Niz-Chavez jurisdictional issue involving service of a defective NTA (link attached) in which our Round Table submitted an amicus brief drafted for us by our own Sue Roy.And the BIA actually agreed with us!!!

The holding:

The Department of Homeland Security cannot remedy a notice to appear that lacks the date and time of the initial hearing before the Immigration Judge by filing a Form I-261 because this remedy is contrary to the plain text of 8 C.F.R. § 1003.30 and inconsistentwith the Supreme Court’s decision in Niz-Chavez v. Garland, 593 U.S. 155 (2021).

Here’s the link to the full decision:

https://www.justice.gov/d9/2024-01/4071.pdf

Of course, our brief was not acknowledged in the Board’s decision.

A thousand thanks to Sue and to all in this group who have repeatedly signed on in support of due process.

As a reminder, we still await a decision from the Supreme Court on whether Pereira and Niz-Chavez extend to in absentia orders of removal. Oral arguments in that case were heard earlier this month, and our brief was mentioned in response to a question by Chief Justice Roberts.

Best, Jeff

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Hon. Susan G. Roy
“Our Hero” 🦸‍♂️ Hon. Susan G. Roy
Law Office of Susan G. Roy, LLC
Princeton Junction, NJ
Member, Round Table of Former Immigration Judges
Knightess
Knightess of the Round Table

Want to meet Judge Sue Roy in person and learn from her in a small group setting? You’re in luck! (HINT: She’s not only a very talented lawyer and teacher, but she’s also very entertaining and down to earth in her “Jersey Girl Persona!”)

Jersey Girls
“Don’t mess with Jersey Girls! They’ll roll right over you — in or out of court.”
Creative Commons License

The Round Table 🛡️ will be well-represented by Judge Roy, Judge Lory Diana Rosenberg, and me at the upcoming Sharma-Crawford Clinic 7th Annual Immigration Court Trial Advocacy College in Kansas City, MO, April 24-26, 2024! We’ll be part of a  faculty of all-star 🌟 NDPA litigators who are there to help every attendee sharpen skills and reach their full potential as a fearless litigator in Immigration Court — and beyond!

Here’s the registration information:

🗽⚖️😎 SEE YOU AT THE SHARMA-CRAWFORD CLINIC TRIAL COLLEGE IN K.C. IN APRIL! — Guaranteed To Be Warmer Than Last Saturday’s Playoff Game!

Kansas City here we come! Hope to see you there!

Fats Domino
“Walk in the footsteps of the greats! Join us in KC in April!” Fats Domino (1928-2017)
R&B, R&R, Pianist & Singer
Circa 1980
PHOTO: Creative Commons

🇺🇸 Due Process Forever!

PWS

02-01-24

INSPIRING AMERICA: TIRED OF VILE RACIST ABUSES HEAPED ON THEM BY PEARCE, ARPAIO, BREWER, THE GOP, & DEM FECKLESSNESS, ARIZONA HISPANICS TOOK CONTROL, USING THE SYSTEM TO CHANGE THE RULES OF THE GAME — FOREVER! — It’s Past Time For The Dems To Take Hispanic Issues Seriously All The Time, Not Just Every Four Years When They Need Their Votes! 

Alejandra Gomez
Alejandra Gomez
Co-Director
Living United for Change in Arizona
Tomas Robles Jr.
Tomas Robles Jr.
Co-Director
Living United for Change in Arizona

https://www.nytimes.com/2019/12/21/opinion/sunday/latinos-arizona-battleground.html

From the NY Times:

By Alejandra Gomez and Tomás Robles Jr.

Ms. Gomez and Mr. Robles are co-executive directors of LUCHA, a grass-roots organization in Arizona.

PHOENIX — First there were seven. Then 50. Then thousands of people, mostly Latino and many undocumented, who held a vigil on the lawn outside of the Arizona State Capitol in the spring of 2010, praying that Gov. Jan Brewer would not sign an anti-immigrant bill, the most punitive in generations, which had sailed through the Republican-controlled Legislature.

A dozen undocumented women, the “vigil ladies,” set up tents and a four-foot-high statue of the Virgin Mary, borrowed from a church. Students walked out of their classrooms and marched for miles to the Capitol. Abuelas put out traditional Mexican food: pozole, tamales, frijoles. At night, around 50 people slept on the lawn. In the morning, they pulled grass out of their hair, clasped hands and prayed.

The two of us were part of these protests, and we had good reason to be angry — and afraid. One night, Ku Klux Klan hoods were placed near where people prayed. Anti-immigrant groups patrolled close by. Such menaces had long found a haven under Sheriff Joe Arpaio, who ordered his deputies to target Latinos in traffic stops, workplace raids and neighborhood sweeps. Some were later deported.

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Opponents of Arizona’s new immigration law prayed outside the Capitol in Phoenix in 2010.

Credit…

John Moore/Getty Images

Despite the enormous opposition to the “show me your papers” bill, which essentially turned the state’s police officers into immigration agents, Governor Brewer signed it. Arizona Republicans no doubt hoped the law would chase out every immigrant, documented or undocumented. Some did leave. But many more stayed, determined to turn their fear and anger into political power.

In less than a decade, many organizers who first cut their teeth fighting that bill are now lawmakers, campaign managers and directors of civic engagement groups like Mi Familia Vota and the Arizona Dream Act Coalition. While it’s easy to dismiss mass protests as short-lived eruptions of anger, Arizona offers a model for how this energy can become real electoral power: It happens when people learn to work with one another, build deep connections and create something bigger than themselves.

In the wake of the vigil, we built an organization called LUCHA, short for Living United for Change in Arizona, that serves as a political home for people of color. We talk to working-class families about the issues important to them and how to get involved in politics. Civic groups and political parties used to do more of this work, but they have become disconnected from real people, too focused on donors and elite influence.

Image

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One of the authors, Alejandra Gomez, at Alhambra High School.

Credit…

Adriana Zehbrauskas for The New York Times

While the anti-immigrant bill was propelled into law by Republicans, Democrats were also to blame. They have long treated communities of color as instruments of someone else’s power rather than core progressives who should be instruments of their own power. This neglect created the space for the bill to pass so easily.

. . . .

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Read the rest of the article at the link.

Contrary to the right-wing propaganda and the beliefs of many Dems, Trump’s cruel, racist, xenophobic, expensive, and counterproductive immigration policies are not popular with the American public outside Trump’s “base.” Democrats should make inclusive, tolerant, humane, and market-sensitive immigration reforms that will stop wasting money on misdirected immigration enforcement and help our now-sagging economy recover, a key and visible part of their program going forward. 

Immigrants, of all kinds, also play an outsized role in health care, particularly for senior citizens. Maximizing the potential of all migrants and their tax paying ability will be keys to a healthy future and a robust economy for all Americans.

The needs and ambitions of “core progressives” like the Hispanic and African-American communities have much in common with the bulk of white working-class America that has been left behind by the Trump GOP’s obsession with making the rich richer, the poor poorer, working people less healthy, running up huge deficits, cutting the safety net, destroying valuable government services, letting our infrastructure crumble, undermining education and the environment, imposing harmful tariffs, and promoting hate and racial divisions among our population.

For the sake of America, we need all communities to work together for “regime change” this November!

PWS

03-17-20