THE GIBSON REPORT 07-23-18
TOP UPDATES
3d Degree Marijuana Sale Not an Ag Fel (NYPL 221.45) & realistic probability
2nd Cir: “The BIA decision rested on the observation that there was no “realistic probability” that New York would apply NYPL §221.45 to conduct outside the generic federal felony. That was error because the state statute on its face punishes conduct classified as a federal misdemeanor.”
Immigration cop shortage and a caution against hiring too quickly
WaPo: Customs and Border Protection (CBP) remains below authorized levels despite increasing the job applications received, cutting the time to hire and boosting the percentage of applicants employed.
USCIS just released a new version of the G-28 and I-765 and will no longer accept previous versions starting September 17th
Impact of Sessions’ asylum move already felt at border
CNN: Immigrants are already being turned away at the border under Attorney General Jeff Sessions’ recent reinterpretation of asylum law. And advocates for them fear there may be no end to it anytime soon.
Immigrant Children Describe Hunger and Cold in Detention
AP: The children’s descriptions of various facilities are part of a voluminous and at times scathing report filed in federal court this week in Los Angeles in a case over whether the Trump administration is meeting its obligations under a long-standing settlement governing how young immigrants should be treated in custody.
NYMag: In the eight months following Donald Trump’s inauguration, ICE arrests in the region jumped by 67 percent compared to the same period in the previous year, and arrests of immigrants with no criminal convictions increased 225 percent. During that time, ICE arrested 2,031 people in its New York “area of responsibility,” which includes the five boroughs and surrounding counties. These aren’t unprecedented numbers: ICE arrested almost four times as many people in 2010 in New York as it did last year, and it picks up far fewer people here than in other parts of the country.
A fate worse than separation awaits Central American families
Seattle Times: Under two court orders, the government is now reuniting migrant children with their mothers. Although the California court that ordered the reunification may permit continued detention of the families until their asylum claims can be decided, something worse than separation or detention awaits those mothers who are deported: rape and death.
The Trump Administration Is Working to Deport More Legal Immigrants
MJ: Earlier this month, as outrage continued over the Trump administration’s family separation policies, another immigration agency quietly introduced several changes that could threaten even more immigrants, many of them here legally, with deportation.
Chasing Down the Rumors: EOIR Hotline Once Again Includes Names of Immigration Judges
EOIR is once again including the names of immigration judges on its automated case status hotline, reversing course following complaints over the names being removed from the system in March 2018. AILA Doc. No. 16112144
Update on VTC at Varick Street
AILA: Despite advocacy, NY Field Officer Director Tom Decker has made no moves to change the new policy that all NYC detained cases will now be conducted via video teleconferencing (“VTC”) for all hearings.
New York City Bar Issues Recommendations Regarding ICE Enforcement in New York State Courthouses
The New York City Bar issued a report with recommendations on the increasing number of ICE civil arrests being conducted in and around New York State courthouses, stating that if continued, “this practice poses a threat to the New York State court system’s ability to ensure access to justice….” AILA Doc. No. 18072303
Think Immigration: The President’s Proposal to Eliminate Due Process at the Border
In this blog post, AILA Policy Counsel Jason Boyd highlights recent tweets from the president that attack due process for asylum seekers and explains how and why, if implemented, such changes would violate U.S. asylum laws. AILA Doc. No. 18071636
LITIGATION/CASELAW/RULES/MEMOS
District Court Judge Orders Reunification of Parents and Children
On 7/16/18, Judge Dana Sabraw granted an interim stay of removal for class members who may be subject to deportation. (Ms. L.; et al., v. ICE, 7/16/18) AILA Doc. No. 18060800
ICE Provides Guidance to OPLA Attorneys on Administrative Closure Following Matter of Castro-Tum
ICE provides guidance to OPLA attorneys litigating administrative closure in the wake of the Attorney General’s precedent decision in Matter of Castro-Tum. Guidance obtained from the blog, Immigration Courtside. AILA Doc. No. 18072074
DHS Announces Extension of TPS for Somalia for 18 Months
DHS announced the extension of the Temporary Protected Status (TPS) designation for Somalia for 18 months, through March 17, 2020. Further details, including information about the re-registration process and employment authorization documents, will appear in a Federal Register notice. AILA Doc. No. 18071931
EOIR Provides User Manual for Expanded Electronic Filing Pilot
EOIR provided a user manual on its expanded electronic filing pilot that explains the procedures for participation. Participation in the pilot program is on a voluntary basis, and pilot participants must adhere to the procedures in this manual, effective July 16, 2018. AILA Doc. No. 18072072
RESOURCES
- BIA Style Manual: A Guide to Drafting Board Decisions
- Pereira v. Sessions: Challenging the Validity of Notices to Appear Lacking Time-and-Place Information
- The Council and CLINIC Provide Practice Advisory on Strategies and Considerations in the Wake of Pereira v. Sessions
- Practice Alert: Pereira v. Sessions Guidance to Immigration Judges
- Your Guide to Representing Foreign-Born Clients Facing Criminal Charges
- The Council Provides Fact Sheet on How USCIS Estimates Application and Petition Processing Times
- CRS Legal Sidebar on U.S. Immigration Laws Regulating the Admission and Exclusion of Noncitizens at the Border
- Safe Texting with Clients
- AILA Policy Brief: New USCIS Notice to Appear Guidance
EVENTS
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7/26/18 Seminar on NTA Memo
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7/27/18 Music: SANCTUARY – Season Finale
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8/2/18 Seminar on NTA Memo Part2
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9/26/18 Representing Children in Immigration Matters 2018: Effective Advocacy and Best Practices
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11/26-28/18 CLINIC & NITA “Advocacy in Immigration Matters”
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Ah, another day, another major mistake by the BIA affecting Due Process and individuals’ lives. Sadly, nobody seems interested in solving the problem except the “New Due Process Army.” Absurdly, scofflow, child abuser Attorney General Jeff Sessions seeks to further truncate immigrants’ rights and to “speed up” an already broken system even as the wheels come off! The Second Circuit case is Hylton v. Sessions.
PWS
07-25-18