🗽⚖️ MORE LEGAL PATHWAYS FOR MIGRATION? — THE ANSWER IS STARING YOU IN THE FACE, JOE! — Fix Your Legal Asylum System!

Mr. Magoo
Most experts view the Biden Administration’s approach to asylum, human rights, and racial justice in America as disturbingly short-sighted! Forcing “natural allies” to sue you is a huge boon to Trump and the nativist right! 
Mr. Magoo
PHOTO: Gord Webster
Creative Commons License

From LinkedIn:

BREAKING NEWS: Al Otro Lado, the Civil Rights Education and Enforcement Center, and Texas Civil Rights Project, have filed a lawsuit compelling Customs and Border Protection (CBP) to release information on its policies and practices relating to CBP One and its adherence to laws preventing discrimination based on disability.

CBP One, the error-ridden smartphone application that asylum seekers are forced to use in order to request asylum in the U.S., is fraught with malfunctions and inaccessible features and is an insurmountable barrier for countless people, especially those with disabilities. Getting an appointment can take up to seven months, leaving vulnerable asylum seekers trapped along the border in some of the most dangerous cities in the world. CBP One also requires a high level of technological proficiency to install and use.

Al Otro Lado has worked with clients with schizophrenia, blindness, deafness, cerebral palsy, and intellectual and developmental disabilities because their disability prevented them from successfully using the app. For them, getting a CBP One appointment so that they may seek asylum in the U.S. is practically impossible.

Our lawsuit against CBP is a pivotal action to safeguard the rights of people with disabilities and to ensure government accountability and transparency. The right to save one’s life shouldn’t depend on a glitchy app or one’s physical or mental capabilities. Full stop.

Link to the filing can be viewed here: https://lnkd.in/gEpXhdtT

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Wow! What an incredible, totally avoidable, squandering of legal resources by the Administration and Garland’s DOJ! What if these resources were devoted to solving problems rather than forcing advocates to sue and then engaging in disingenuous, perhaps unethical, “defenses of the indefensible!” No wonder the Biden Administration is “running scared” on immigration!

This is what the Administration could and should be fixing, rather than thinking of more “gimmicks” to deter and deny legal asylum seekers. Applying for asylum at a port of entry is a “legal pathway!” And, the “CBP One Debacle” was both predictable and totally avoidable by the Biden Administration. Obviously, some politicos and bureaucrats view “technological incompetence” as a “deterrent” to legal immigration!

🇺🇸 Due Process Forever!

PWS

05-09-24

🗽⚖️ EXPERT URGES U.S. TO COMPLY WITH INTERNATIONAL NORMS ON GENDER-BASED PROTECTION — Current “Any Reason To Deny” Restrictive Interpretations & Actions Are A Threat To Women Everywhere & Unnecessarily Bog Down Already Burdened System With Unnecessary Legal Minutia, Says Professor Karen Musalo In New Article!

Karen Musalo
Professor Karen Musalo
Director, Center for Gender & Refugee Studies, Hastings Law

Read Karen’s newly-released article “Aligning United States Law with International Norms Would Remove Major Barriers to Protection in Gender Claims” in the 2024 Edition of the International Journal of Refugee Law. Here’s the abstract: 

A B ST R A CT

The protection of women and girls fleeing gender-based harms has been controversial in the United States (US), with advances followed by setbacks. The US interpretation of particular social group and its nexus analysis, both of which diverge from guidance by the United Nations High Commissioner for Refugees (UNHCR), is the most significant barrier to protection. It has become almost impossible for women and girls to rely upon the particular social group ground because of current requirements that social groups not only be defined by immutable or fundamental characteristics, but also be socially distinct and have particularity. Establishing nexus is also a significant obstacle, with the US requirement of proof of the persecutor’s intent. In the first month of his administration, President Biden issued an executive order on migration, which raised hopes that these obstacles to protection would be removed. The order committed to protecting survivors of domestic violence and to issuing regulations that would make the US interpretation of particular social group consistent with international standards. The target date for the regulations was November 2021, but they have yet to issue. This article examines how the evolution of the US interpretation of particular social group and nexus has diverged from UNHCR recommendations. It shows how protection has been denied in gender cases involving the most egregious of harms. The article concludes by providing recommendations for realignment with international standards, which set a benchmark for evaluating the promised Biden administration regulations on the issue.

Here’s a link to the article: https://academic.oup.com/ijrl/advance-article/doi/10.1093/ijrl/eeae009/7656821?utm_source=authortollfreelink&utm_campaign=ijrl&utm_medium=email&guestAccessKey=298cbf81-f24c-455a-9c94-4be57b8c649f

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Karen’s highly readable “spot on” article prompted this additional thoughtful comment from my friend and Round Table colleague Hon. “Sir Jefferey” Chase:

Hi Karen: Wonderful article! So clear, so logical, and just so correct! Thanks as always for this. (And I’m extremely honored to find myself in several of your footnotes – thank you!)

Along the same line of thinking, in December 2020 I wrote a blog post of my wish list for 2021: https://www.jeffreyschase.com/blog/2020/12/14/a-wish-list-for-2021.

One of the items was as follows:

Create a “Charming Betsy” Reg Requiring Adherence to International Law:Since 1804, the Supreme Court’s decision in Murray v. The Schooner Charming Betsy has required domestic statutes to be interpreted consistently with international law whenever possible.As the Supreme Court in INS v. Cardoza-Fonseca observed that in enacting the 1980 Refugee Act, “one of Congress’ primary purposes was to bring United States refugee law into conformance with the 1967 United Nations Protocol Relating to the Status of Refugees,” it would seem that interpreters of our asylum laws should look to international law interpretations of that treaty for guidance.Recent examples in which this has not been the case include the just-published “death to asylum” regulations that will completely gut the 1980 Refugee Act of any meaning; as well as regulations that bar asylum for conduct falling far, far short of the severity required to bar refugee protection under international law (which a federal district court blocked in Pangea v. Barr).

As the Board seems disinclined to listen to the Supreme Court on this point, it is hoped that the Biden Administration would codify the Charming Betsy doctrine in regulations, which should further require the BIA, Immigration Judges, and Asylum Officers to consider UNHCR interpretations of the various asylum provisions, and require adjudicators to provide compelling reasons for rejecting its guidance.

Do you think there is a way to use Karen’s article to make this into a talking point across the advocacy community? I think there’s merit to trying to normalize an idea over time. Just a thought.

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

I agree, Jeffrey! Ironically, as Karen shows, “normalizing” refugee and asylum processing to bring it into alignment with the Convention was one of the driving forces behind enactment of the Refugee Act of 1980. Indeed, it’s reflected in a key early interpretation of the Act by the Supremes in INS v. Cardoza-Fonseca (successfully argued by our friend and Round Table colleague Hon. Dana Marks, a “Founding Mother of U.S. Refugee Law”). In rejecting the USG’s restrictive interpretation, the Court consulted the U.N. Handbook while making the point that the refugee definition was to be applied generously so that even those with only a 10% chance of persecution could qualify.  

I also note that the abandonment of the “Acosta test,” which I relied on in Kasinga, in favor of a more convoluted, restrictive, and ultimately intellectually dishonest approach, went “into high gear” after the “Ashcroft purge” had removed the core of BIA Judges who spoke up for asylum rights and protection, even when in dissent!

Unfortunately, Administrations of both parties have feared honest and robust implementation of the Refugee Act that truly follows the “spirit of Cardoza and its BIA progeny, Matter of Mogharrabi.” They all have had their “favored” and “feared” groups of refugees and asylees, some more than others. 

This, of course, breeds huge inconsistencies and arbitrary adjudications, a problem exposed well over a decade ago by Professors Schoenholtz, Schrag, and Ramji-Nogales in their critical seminal work Refugee Roulette describing the largely unprincipled and politicized operation of our system for adjudicating protection claims. 

At some level, all Administrations have given in to the false idea that protection of refugees is politically perilous and that consequently the law should be interpreted and manipulated to “deter” the current “politically disfavored” groups of refugees. Not surprisingly, the latter are usually those of color, non-Christian religions, or from poorer countries where the mis-characterization of groups of legitimate refugees as “mere economic migrants” has become routine. Too often, the so-called “mainstream media” accepts such negative characterizations without critical analysis. 

Unfortunately, the Biden Administration has regressed from a somewhat enlightened beginning with the never-promulgated “gender based regulation” mentioned by Karen to a position of fear, desperation, and ultimately “false deterrence.” Apparently, they perceive that GOP nativist lies and shamless fear-mongering combined with their own failure to boldly reform and materially improve the asylum processing system under their control are “scoring points” with the electorate. 

The latest misguided proposal being considered in the White House would grotesquely miss the mark of addressing the real glaring problems with our asylum system at the border and beyond. That is the overly restrictive interpretations and applications of the refugee definition, too many poorly-qualified and poorly-trained adjudicators, over-denial leading to protracted litigation and inconsistent results, uninspiring leadership, and a stubborn unwillingness to set up the system in compliance with international rules so that significant numbers of qualified refugees applying at the border can be timely and properly admitted to the U.S. where, incidentally, their skills and determination can contribute greatly to our economy and our society.   

The latest bad idea is truncating the already overly-summary and poorly run asylum process in apparent hopes of more quickly denying more potentially valid claims with less consideration. See, e.g.,  https://www.politico.com/news/2024/05/08/biden-migrants-asylum-changes-00156865. Far from being a panacea for the much-feared and highly distorted “border issue,” it eventually will aggravate all of the problems highlighted by Karen.

One thing it won’t do, however, is stop forced migrants from coming to the United States, even if they must abandon our broken legal system to do so. That’s what forced migrants do! Pretending otherwise and misusing our legal protection system for rejection won’t “deter” the reality of forced migration. 

🇺🇸Due Process Forever!

PWS

05-08-24

 

🤯 BIA BLOWS BASICS: 6th Cir. Reams Garland’s Gang For Misreading Supremes’ & Circuit’s Precedents On Crime Of Violence! — Sanchez-Pérez via. Garland

Dan Kowalski reports for LexisNexis:

https://www.opn.ca6.uscourts.gov/opinions.pdf/24a0098p-06.pdf

“One day after he pleaded guilty to violating a Tennessee domestic-violence law, the federal government initiated removal proceedings against Jose Yanel Sanchez-Perez. Ultimately, an immigration judge and the Board of Immigration Appeals determined that Sanchez-Perez could not seek cancellation of removal due to this conviction. The Board of Immigration Appeals improperly determined that Sanchez-Perez pleaded guilty to a crime of violence, however. Accordingly, we GRANT Sanchez-Perez’s petition for review, VACATE the Board’s order of removal, and REMAND to the Board for proceedings consistent with our opinion. … Because the Tennessee statute at issue, Tenn. Code Ann. § 39-13-101(a)(2), criminalizes conduct beyond the federal definition of a crime of violence, the BIA erred in finding that Sanchez-Perez is statutorily barred from seeking cancellation of removal. … The government’s and BIA’s errors in this case involve basic misreading of both our and the Supreme Court’s precedents concerning the distinctions between different federal statutory schemes and the meaningful differences among state criminal statutes. At bottom, because on its face the Tennessee statute at issue here criminalizes conduct that does not require the use or threatened use of violent physical force, the BIA erred when it determined that Sanchez-Perez was statutorily barred from applying for cancellation of removal by virtue of his 2009 conviction for misdemeanor domestic assault under Tennessee Code Annotated § 39-13-111.”

[Hats off to Will York!]

Will York, Esquire
Will York, Esquire

Daniel M. Kowalski

Editor-in-Chief

Bender’s Immigration Bulletin (LexisNexis)

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Congrats, Will York!

This is what happens when an appellate body beholden to DHS Enforcement looks for “any reason to deny” while “what me worry” AG Merrick Garland looks the other way!

🇺🇸 Due Process Forever!

PWS

05-07-24

⚖️🗽👏 WASHPOST OBIT/TRIBUTE TO PETER SCHEY IS A LINK TO POSITIVE CONSTITUTIONAL HISTORY!  — “[T]he high-water mark of equal protection jurisprudence.”

Attorney Peter Schey (1947-2024)
Attorney Peter Schey (1947-2024)

https://www.washingtonpost.com/obituaries/2024/05/02/peter-schey-dead/

Harrison Smith writes in WashPost:

Peter Schey, who championed the rights of immigrants for more than five decades, winning landmark legal cases on behalf of undocumented children and their families and helping lead the charge against Proposition 187, a California law that sought to deny social services to people suspected of arriving in the country illegally, died April 2 at a hospital in Santa Monica, Calif. He was 77.

The cause was lymphoma, said Melinda Bird, his friend and former wife.

A driven and tenacious lawyer with a workaholic intensity, Mr. Schey had firsthand experience with the American immigration system. His parents were refugees from Nazi Germany, sailing to South Africa during World War II, and the family moved to the United States when he was 15, after he began participating in anti-apartheid protests and worried his parents when his picture appeared in the newspaper.

Working out of an office in the Westlake district of Los Angeles, Mr. Schey went on to take hundreds of human rights and immigration cases while leading a nonprofit organization, the Center for Human Rights and Constitutional Law, and battling Republican and Democratic administrations in Washington.

He was lead counsel in Plyler v. Doe, a landmark 1982 Supreme Court decision that safeguarded the right of undocumented children to attend public schools, and litigated Reno v. Flores, a class-action suit that resulted in a 1997 settlement agreement protecting children in immigration custody. The case transformed the nation’s treatment of young migrants, establishing improved standards of care that Mr. Schey spent years fighting to uphold in court.

. . . .

“When you start being able to refer to other precedents, other cases that you’ve won, it’s a revelation,” [Attorney Carlos] Holguín said in a phone interview, reflecting on Mr. Schey’s career. “You basically are building off a legacy of prior work to move the law even further. Plyler, I think most constitutional law scholars would agree, was the high-water mark of equal protection jurisprudence. We’ve only gone backward from there.”

. . . .

***************************

Peter got a “full page” obit in the WashPost — the kind usually reserved for heads of state, powerful politicos, famous athletes, entertainers, and world-renowned artists. You should read it at the above link. I’m familiar with many aspects of Peter’s career, but I learned things I never knew before! 

Plyler v. Doe is one of those cases that has a “real-life impact!” Like all of my former colleagues at the “Legacy” Arlington Immigration Court, I encouraged school-aged children coming before me to enroll and get as much education as possible. I said,  “However your case comes out, the education you get is yours to keep, forever!”

I could see how students progressed in their mastery of English and their comprehension from hearing to hearing. Some of them proudly brought in their report cards to show me their achievements. Peter Schey helped make it possible!

🇺🇸 Due Process Forever!

PWS

05-05-24

🛡️⚔️⚖️ LATEST ROUND TABLE AMICUS CHALLENGES MATTER OF M-R-M-S- (NEXUS/FAMILY BASED PSG) IN 10TH CIR. — O.C.V. v. Garland

Knightess
Knightess of the Round Table

I. The BIA’s holding in Matter of M-R-M-S- represents a

significant change in the nexus standard in family-

based asylum cases. …………………………………………………….. 5

II. Requiring IJs to determine a persecutor’s subjective,

dominant intent sets judges on a wild goose chase that

will damage uniformity and efficiency. …………………………. 10

III. Matter of M-R-M-S- reduces fairness by requiring a

different standard for family-group applicants and

misunderstands the nature of asylum claims. ………………….16

You can read our full brief here:

2024.04.29 – OCV Amicus Brief FINAL

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There’s lots of “good stuff” in our brief for those NDPA warriors fighting against M-R-M-S- in the Circuits! ⚖️

Many, many thanks to our “pro bono drafting heroes” at Perkins Coie LLC in Seattle, WA: Erik Kundu & Rebecca Human!🙏🏽😎🗽

Erik Kundu, EsquireAssociate Perkins Coie LLC Seattle, WA PHOTO: Perkins Coie
Erik Kundu, Esquire
Associate
Perkins Coie LLC
Seattle, WA
PHOTO: Perkins Coie

Couldn’t have done it without you!

🇺🇸 Due Process Forever!

PWS

05-04-24

⚖️🛡️⚔️ ROUND TABLE REACHES SUPREMES, AGAIN! — Bouarfa v. Mayorkas

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

“Sir Jeffrey” Chase reports:

Cert granted in Bouarfa v. Mayorkas

Hi all: Thanks to Lory [Rosenberg] for flagging that cert was granted today [April 29] by the Supreme Court in Bouarfa v. Mayorkas, in which our group filed an amicus brief in January.

As a reminder, the issue involves whether a revocation of a visa petition by USCIS for non discretionary criteria can be reviewed by the courts. A straight-out non-discretionary denial by DHS of a visa petition can be reviewed by the circuit courts; however, if DHS approves the petition and revokes it a day later for a non-discretionary reason, under the Eleventh Circuit’s reading, the petition can no longer be appealed to the circuit. (The Sixth and Ninth Circuits disagree).

Best, Jeff

Find all the relevant links, including to our amicus brief, here:

https://www.lexisnexis.com/community/insights/legal/immigration/b/insidenews/posts/cert-granted-bouarfa-v-mayorkas

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It’s a pleasure and an honor to be part of this great group of colleagues continuing to fight for due process and fundamental fairness for all!😎

Knightess
Knightess of the Round Table

🇺🇸 Due Process Forever!

PWS

05-01-24

🇺🇸🗽⚖️👍 REPORT FROM KANSAS CITY! — The Sharma-Crawford Clinic Immigration Court Trial Advocacy College Reaches New Heights!

Rekha Aharma-Crawford
Rekha Sharma-Crawford ESQUIRE
Partner and Co-Founder Sharma-Crawford Law
Kansas City, KS

Rekha Sharma-Crawford writes in Linkedin:

The Clinic at Sharma-Crawford Attorneys at Law Immigration Court Trial Advocacy College Faculty, 2024. Kick ass trial lawyers sharing their wisdom and knowledge to elevate the practice before the immigration courts. Blessed to call them all friends! Thank you my friends!! 🙏🏽🗽⚖️💕 

Sharma-Crawford Faculty 2024
Sharma-Crawford Faculty 2024

 

Paul Schmidt Lory Rosenberg Elina Magaly Santana Erich Straub Michael Sharma-Crawford Kelli Stump Lindsay Gray David Bell Kelly Driscoll Nathan Dayani Davorin Odrcic Michelle Saenz-Rodriguez Sarah Owings Genevra Alberti Susan Roy Patrick Lewis Angel Marie Graf

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Immigration Court Trial Advocacy College Defensive Asylum Day 2! 

 

Sharma-Crawford 2024 Day 2
Sharma-Crawford 2024 Day 2
Sharma-Crawford 2024 Day 2
Sharma-Crawford 2024 Day 2

It’s incredible to witness the dedication and passion of our attendees as they dive into the world of defensive asylum cases.

 

#TheClinicSCAL #KansasCity #TrialCollege …see more

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Sharma-Crawford
The Clinic @ Sharma-Crawford Law

Immigration Court can, quite intentionally on the part of its “political handlers,” be intimidating, particularly for newer litigators.

Among the many “user unfriendly/due process denying features:”

  • Arbitrary, “make ‘em up as you go along” rules that apply to individuals, but not to DHS or EOIR;
  • Cosmically inconsistent adjudications;
  • Lack of universal asylum expertise among judges at both the trial and appellate levels;
  • Institutional bias against asylum seekers and failure to follow generous precedents such as Cardoza-Fonseca and Mogharrabi;   
  • Shifting political priorities driving “Aimless Docket Reshuffling” and creating unmanageable backlogs;
  • Permissive lack of discipline at DHS in intentionally overloading system; 
  • Grotesque overemphasis of “bogus productivity” over due process, quality, and fundamental fairness; 
  • One-sided “disciplinary procedures” that give DHS counsel a “free pass;” and
  • A “permissive culture” of racial bias and “any reason to deny” decision-making.  

Yet, despite this intentional, unethical “tilting of the playing field’ against migrants, particularly asylum seekers of color, and their representatives, well-represented individuals win their cases against the odds at all levels of this system every day! 

The faculty of the Sharma-Crawford Immigration Court Trial College is a unique blend of experienced, hard-nosed, gutsy, immigration advocates, criminal defense attorneys, former prosecutors and judges, teachers, and coaches. We teach skills and instill fearless attitudes that have proven to be successful in criminal, civil, and immigration litigation!

 The Trial College now has more the 150 “alumni” nationwide who are using their enhanced talents to force due process on a reluctant system, save lives, and “build America,” one case at a time!  The “Class of 2024” was larger than usual and showed exceptional seriousness, dedication, creativity, and commitment to changing the course of American Justice for the better at the oft-ignored but existentially important “retail level.”

I was particularly pleased to be “reunited” on the faculty with my colleagues and “EOIR Alums” retired Judges Lory Rosenberg, Sue Roy, and “new recruit” Ed Kelly! I also appreciate the courtesy of Assistant Chief Immigration Judge Jayme Salinardi and the  Kansas City Immigration Court in arranging for the students and faculty to observe some Master Calendar hearings.

I am privileged to be part of this amazing and inspiring multi-disciplinary effort! Thanks to Rekha Sharma-Crawford, Michael Crawford, Genevra Alberti, and the Clinic Staff for their leadership in making this happen!😎

Genevra W. Alberti, Esq. The Clinic at Sharma-Crawford Attorneys at Law
Genevra W. Alberti, Esq.
The Clinic at Sharma-Crawford Attorneys at Law
Kansas City, Mo.
PHOTO: The Clinic

🇺🇸 Due Process Forever!

PWS

04-27-24

⚖️🗽‼️ ATTENTION NDPA LITIGATORS! — Hamed Aleaziz, Immigration Reporter @ The NY Times Wants To Speak With YOU About The Dysfunctional Mess Facing Asylum Seekers & Their Representatives @ EOIR!

Hamed Aleaziz
Hamed Aleaziz
Immigration Reporter
NY Times

Hamed posted on LinkedIn:

We are looking to connect with immigration attorneys who have clients who crossed the border in recent years and have sought asylum in immigration court.

Specifically, we are looking to talk to asylum-seekers who have waited years/months for their cases to be heard in immigration court and are STILL waiting for a final decision.

Please comment or send me a message if you have a client who would be interested in speaking with us.

Here’s the link to LinkedIn:

https://www.linkedin.com/feed/update/urn:li:activity:7188327072870682624?updateEntityUrn=urn%3Ali%3Afs_feedUpdate%3A%28V2%2Curn%3Ali%3Aactivity%3A7188327072870682624%29

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I want you
. . . To tell Hamed Aleaziz at The NYT the truth about the “under the radar” mess at EOIR that is systemically treating those with valid claims and sound defenses unfairly and threatens, with its unrelenting disorder and “deterrence bias,” to destabilize the entire U.S. Justice System!
Public Domain

The (largely avoidable), backlog building, due-process-denying mess at Garland’s EOIR is one of the “unsung drivers” of bad immigration policies and myths about migrants, particularly asylum seekers.

To the extent that this glaring problem is covered at all by the so-called “mainstream media,” it’s usually superficial: reference to the 3.5 million case backlog, long delays, and the need for more Immigraton Judges and court personnel. 

Here’s your chance to correct that “cosmetic coverage” by giving Hamed input on the overall unfairness, unnecessary inefficiencies, “user-unfriendliness,” and grotesque lack of overall legal expertise, consistency, and common sense in this broken system! It has improperly become a tool of “deterrence” in behalf of DHS Enforcement and has lost sight of its only proper role of insuring Constitutionally-required due process and fundamental fairness for individuals coming  before the Immigration Courts!

🇺🇸 Due Process Forever!

 

PWS

04-25-24

 

🦸🏻‍♀️🎖️ NDPA SUPERHERO REKHA SHARMA-CRAWFORD HONORED BY ASIAN AMERICAN CHAMBER OF COMMERCE OF K.C. ON THE EVE OF THE SHARMA-CRAWFORD CLINIC’S 7th ANNUAL IMMIGRATION COURT TRIAL ADVOCACY COLLEGE IN KANSAS CITY, MO, April 24-26, 2024

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Congrats, my friend, on this well-deserved recognition! Kansas City, here I come! On my way, looking forward to seeing you and the rest of the All-Star 🌟 faculty on Thursday!

🇺🇸 Due Process Forever!

PWS

04-24-22

⚖️🗽 WILLIAM & MARY IMMIGRATION CLINIC NOTCHES KEY AFGHAN ASYLUM VICTORIES!🎉👏😎

 

From the William & Mary Law School Clinic Blog:

The Immigration Clinic Wins Two Asylum Cases in One Day

15APR 2024

Last week, the Immigration Clinic secured two asylum victories in one day for our Afghan allies. These cases spanned two academic years, but both cases were granted by the Arlington Asylum Office on the same day.

In August of 2021, thousands of people went to Hamid Karzai International Airport in Kabul, Afghanistan to flee the Taliban. Among those thousands of people were Ms. S*, daughter of an Afghan government official, and Mr. K*, an Afghan attorney, and his wife Mrs. K*. Luckily, they all managed to get on a plane out of Kabul and were evacuated to the United States. When they were resettled to Hampton Roads, Ms. S, Mr. K, and Mrs. K all reached out to the Immigration Clinic for assistance in their cases.

During the 2022-23 Academic Year, Melissa Box J.D. ’23 worked with Mr. and Mrs. K on their asylum cases. Then during the 2023-24 Academic Year, Sarah Nagle, J.D. ’24 worked with Ms. S on her asylum case.

Below, we share the stories behind these lifechanging victories.

Mr. K and Melissa Box, J.D. ‘23

In Fall 2022, Melissa Box, J.D. ’23, was assigned to work on Mr. and Mrs. K’s asylum case.

Melissa was first assigned to write Mr. K’s affidavit for his asylum case. Asylum affidavits require several interviews and meticulous detail about a client’s case. While an asylum applicant’s testimony can, in theory, be enough to prove their case, the written and oral testimony must be consistent and credible. In order to capture the level of detail necessary for his case, as well as accurately prepare an affidavit in his voice, Melissa worked with Clinic Director Professor Stacy Kern-Scheerer to interview Mr. K. Across many interviews over the course of many months, Melissa learned about Mr. K’s career as an attorney, his passion for his work, and the danger he faced because of it.

Through their interviews, Mr. K and Melissa built a deep and lasting rapport. “I was lucky to have the time to make sure I fully understood Mr. K’s life’s story and gain his trust,” Melissa shared before her graduation last year. “I know Mr. K better than some law students I’ve spent years in class with. I know his mannerisms and was able to advocate for him. It really meant a lot when my client told Professor Kern-Scheerer and me that he thought I knew him better than he knew himself.”

After writing Mr. K’s affidavit, Melissa researched conditions in Afghanistan relevant to Mr. K’s case, including the treatment of attorneys and former government employees in Afghanistan. Melissa worked with Clinic Professor Nicole Medved on finding and preparing the country conditions evidence that would best support Mr. K’s asylum claim. This research was critical to contextualizing Mr. K’s fear of returning to Afghanistan.

After the Clinic submitted Mr. K’s asylum case in March 2023, USCIS quickly scheduled Mr. K and his wife for an asylum interview in April 2023, during the last week of classes of the semester. Clinic Director Professor Kern-Scheerer and Melissa prepared Mr. and Mrs. K for what to expect at the interview, and Melissa prepared her closing argument to present to the Asylum Officer for why Mr. and Mrs. K merit a grant of asylum.

Melissa Box, J.D. ’23 (left) and Professor Kern-Scheerer (right) at the Arlington Asylum Office for Mr. and Mrs. K’s Asylum interview (Spring 2023).

During the last week of class, Professor Kern-Scheerer and Melissa accompanied Mr. and Mrs. K to their asylum interview. After a roughly 3-hour hour interview, Melissa delivered her closing argument to the officer. After the interview had finished, there was nothing left to do but wait for a decision on the case.

Ms. S and Sarah Nagle, J.D. ‘24

Ms. S and her family also reached out to the Immigration Clinic for assistance in their asylum case. Ordinarily, children can be included on their parents’ asylum applications so that if the parent wins asylum, the child wins as well. However, Ms. S was too old to be included in her father’s case. Instead, she would have to meet the high burden of asylum all on her own.

This fall, Sarah Nagle, J.D. Class of 2024, was assigned to work on Ms. S’s asylum case. Sarah’s first task was to write Ms. S’s affidavit. Asylum affidavits are a critical piece of evidence because an asylum applicant’s testimony alone can be sufficient to prove their case. Since interviews with Ms. S about her story had already been completed, Sarah worked with Professor Kern-Scheerer to best capture Ms. S’s voice in her affidavit. “Sarah faced a unique challenge in writing Ms. S’s affidavit,” said Professor Kern-Scheerer. “Her assignment was to capture Ms. S’s personality and convey her fears without having heard her tell the story herself. This also underscored the importance of prior students having kept meticulous notes from previous interviews and discussions.  Sarah met this challenge with thoughtful persistence, and wrote an excellent affidavit for Ms. S. ”

“Working on an affidavit was unlike any legal writing I had ever done before,” said Sarah. “Focusing on what was important to Ms. S—family, peace, and a willingness to stand by her convictions—helped anchor me in her perspective. Even though every word of the affidavit was based on her own words, I had doubts about my success until I reviewed the affidavit with her and received a smile, firm nod, and assertive ‘yes’ that I had captured what she wanted to convey. Being entrusted with helping tell someone else’s story was a great honor and fantastic learning experience.”

After completing Ms. S’s affidavit, Sarah next turned to researching conditions in Afghanistan relevant to Ms. S’s case. While it is easier to find evidence about the Taliban’s brutality against former government officials or former members of the military, finding evidence of the Taliban’s violence against their family members is not as simple. Sarah worked with Clinic Professor Nicole Medved next on finding and preparing the country conditions evidence that would best support Ms. S’s claims. This evidence played a critical role in contextualizing Ms. S’s fears of returning to Afghanistan.

In November 2023, after finishing all of the forms, affidavit, and evidence gathering, the Clinic submitted Ms. S’s asylum application to USCIS.

To everyone’s surprise, Ms. S was scheduled for an asylum interview just three weeks later. Sarah and Professor Medved worked closely with Ms. S to prepare her for what to expect at the asylum interview. Sarah also prepared her closing argument for Ms. S, demonstrating how Ms. S’s affidavit and country conditions evidence all prove that Ms. S merits a grant of asylum.

Sarah Nagle, J.D. ’24, reviewing Ms. S’s case prior to her Asylum Interview (Fall 2023).

In December, Professor Medved and Sarah Nagle accompanied Ms. S to her asylum interview in Arlington, Virginia. After Ms. S’s two-hour interview, Sarah delivered her closing argument to the officer.

“Actually getting to speak during a legal proceeding, instead of just observing, was incredible,” said Sarah. “It was really empowering to be trusted with such an important moment in someone’s life, and also reassuring to have Professor Medved right there in the interview with me after having helped me prepare and rehearse the statement!”

After Sarah’s closing argument, all that was left to do was wait. Despite requirements from Congress that her case should be decided quickly, the Clinic’s experience showed that Ms. S would likely wait many more months—or even years—before hearing a decision on her case.

Last week, the Clinic received notice that Ms. S’s asylum case was approved. Ms. S’s case marks the fastest decision ever received on any asylum case the Clinic has submitted.

Then, just hours later, the Clinic received notice that Mr. K’s asylum case was also approved, nearly one year after his asylum interview. With Mr. K’s case approved, his wife Mrs. K was also automatically granted asylum.

Now that their asylum cases have been granted, Ms. S, Mr. K, and Mrs. K can all live in the United States without fear of being forced to return to Afghanistan. They will be eligible to receive lawful permanent residency (their “green cards”) in one year, and eligible to apply for citizenship five years after that.

“My experience at the William and Mary Immigration Clinic was so meaningful,” said Melissa. “I know that I actually had a positive impact on my clients’ lives. It makes me smile when I think of Mr. K calling me his ‘Big Little Sister’ (because I’m taller than him but younger than him). I know my time and work was valued by Mr. and Ms. K.”

“Hearing that my client’s asylum case had been approved was the most incredible, and surreal, experience,” said Sarah. “Because students work in the Clinic for at most two semesters and USCIS usually operates on a timeline far longer than that, I’d gotten very used to the idea that I wouldn’t see the results of my work during my time in the Clinic. But because of the unusually quick turnaround for this asylum case, I got to share the news with Ms. S in an email that contained a lot more enthusiasm than is usually warranted in a legal context. It was a wonderful way to close out my time with this client.”

“We could not be happier for Mr. K, Mrs. K, and Ms. S or prouder of the Clinic students who worked tirelessly to prepare their asylum cases,” said Professor Kern-Scheerer. “Sarah’s and Melissa’s work, and the strong relationships that they built with the clients through their time in the Clinic, is emblematic of the incredible work that our Clinic students do here every day. In this busy season as we wrap up the end of this academic year, we’re grateful for the opportunity to pause and celebrate these lifechanging outcomes.”

Victories like these are made possible by the Clinic’s generous supporters. You can make wins like this a reality for more immigrants in Hampton Roads by donating to the Immigration Clinic.

The Clinic cannot guarantee any particular results for any particular individual or particular case. While the Clinic celebrates our victories, we recognize that each case is unique. Every noncitizen should consult with a licensed attorney about their case if they are concerned about their situation or are interested in applying for any form of immigration relief. The Clinic cannot promise any particular outcome or any timeframe to any client or potential client.

*All client names and initials have been changed for confidentiality and security

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Many congrats to all involved in more great, life-saving work from the Clinic. Once again, representation, scholarship, and exceptional preparation win the day and help the system improve efficiency and deliver justice! 

My only question is why hasn’t the Government issued “positive precedent” cases dealing with repetitive situations like this?  

🇺🇸 Due Process Forever!

PWS

04-20-24

🤐 “McNULTY UKASE” DRAWS HARSH CRITICISM FROM OSC, HILL, CONTINUES TO ROIL GARLAND’S DOJ! 🤯

"Gagged"
“Gagged”
Garland’s DOJ has taken extreme steps to stop Immigration Judges from publicly criticizing his dysfunctional Immigration Courts!
PHOTO: Public Domain via Creative Commons

https://www.washingtonpost.com/politics/2024/04/12/gag-orders-federal-workers-whistleblowers-nda/

Joe Davidson, “Federal Insider,” from p. 2 of today’s WashPost (print edition):

. . . .

In a February email to New York-based immigration Judge Mimi Tsankov, the union president, and Judge Samuel Cole, the union’s executive vice president in Chicago, Sheila McNulty, the chief immigration judge in the department’s Executive Office for Immigration Review (EOIR), said they are prohibited from making public statements “without supervisory approval and any Speaking Engagement Team review your supervisor believes necessary.”

That warning came after Tsankov in October told a Senate Judiciary immigration subcommittee hearing that “Democrat and Republican administrations share the failure of the DOJ’s immigration court management,” saying “immigration courts have faced structural deficiencies, crushing caseloads, and unacceptable backlogs for many years.” Matt Biggs, president of the International Federation of Professional and Technical Engineers (IFPTE), NAIJ’s parent union, cited Tsankov’s congressional testimony as an example of giving “judges a voice” that’s now silenced.

McNulty referred to a controversial and hotly contested Trump administration action that led to the decertification of the immigration judges’ union, when she wrote “any bargaining agreement … that may have existed previously is not valid at present.”

On Nov. 2, 2020, the day before Trump, who waged war on federal unions, lost his reelection bid, the Federal Labor Relations Authority ruled that immigration judges are management employees precluded from union representation. That means, according to McNulty, they cannot speak out as union leaders because she considers their association to be a “group” and not a recognized labor organization. IFPTE has asked the Biden administration to reverse the immigration review office’s “inappropriate and misguided application of the agency speaking engagement policy.”

This must be an embarrassment to proudly pro-union President Biden, who reversed other anti-federal labor organization policies put in place under Trump.

McNulty’s action drew heated reaction from three Republicans who often vote against union interests. “The Committee takes seriously the Department’s effort to silence immigration judges,” wrote Reps. Jim Jordan (R-Ohio) and Tom McClintock (R-Calif.), chairmen of the House Judiciary Committee and its immigration subcommittee, respectively. In a letter to the attorney general, Sen. Chuck Grassley (R-Iowa) said any effort “to silence immigration judges … is absolutely unacceptable.”

Grassley also noted that McNulty’s order “failed to include the anti-gag provision as required by law.”

That’s a key point in the Office of Special Counsel’s notice.

. . . .

[IFPTE President Matt] Biggs called the Justice Department office’s policy “an outrageous act of censure and an attack on freedom of the press and transparency.”

“Intentionally or not,” he added, the directive “resulted in a not-so-subtle message to rank-and-file immigration judges to think carefully before talking to congressional lawmakers as whistleblowers or otherwise.”

*********************

Hon. Mimi Tsankov
Hon. Mimi Tsankov
President, NAIJ — She “blew the whistle” on the continuing “bipartisan due process mess at EOIR” during recent Congressional testimony. Her “DOJ handlers” were not amused!

Read Joe’s complete column at the above link.

Both Parties, Congress, the Executive, and the Article III Courts share blame for the current untenable mess at EOIR, where Due Process, fundamental fairness, quality control, expertise, and practical efficiency are mere afterthoughts, at best! Although there is no sign that it will happen in the near future, the answer is clear and has been for decades: Congress must put aside partisan differences, stop “jockeying for advantage,” and create an independent Article I Immigration Court with a merit-based selection system for judges and professional court administration. Then, let the system work and the chips fall where they may!

You can’t “run” a court system like a “Vatican-style” bureaucratic agency! How many times does that have to be proved for Congress to finally act? Yes, it’s a “big deal!’ Probably the biggest, most widely ignored, most achievable, most important (millions of lives and futures are literally at stake here) piece of solving the “immigration puzzle!” 

🇺🇸 Due Process Forever!

PWS

04-13-24

⚖️🗽 SPECTACULAR NDPA OPPORTUNITY: GENDER-BASED ASYLUM LITIGATION — Sharpen Your Skills With This Two-Part Webinar From Tahirih Justice Center, Featuring Experts Maria Daniella Prieshoff, Monica Mananzan (CAIR Coalition), & Judge (Ret.) Lisa Dornell (Round Table) — April 23, April 25!

Due Process is a true team effort!PHOTO: Tahirih Justice Center
Due Process is a true team effort!
PHOTO: Tahirih Justice Center

Maria Daniella Prieshoff writes on LinkedIn:

Maria Daniella Prieshoff
Maria Daniella Prieshoff
Managing Attorney
Tahirih Justice Center
Baltimore, MD
PHOTO: Tahirih

Want to level up your #advocacy skills for your #genderbased #asylum cases in #immigrationcourt?Want to learn from a real immigration judge the basics of presenting your case before the immigration court?Then join me for Tahirih Justice Center’s”Advancing Justice: Gender-Based Violence Asylum Litigation in Immigration Court” webinar series!

Monica Mananzan
Monica Mananzan
Managing Attorney
CAIR Coalition
PHOTO: Linkedin

Part 1 of the series is on April 23, 12-1:30pm. It will focus on the case law and strategy you’ll need to present your best gender-based asylum case, including how to handle credibility, competency, and stipulations.Monica Mananzan from CAIR Coalition will join me in this webinar. To register for Part 1: http://bit.ly/3xvwPyt

Honorable Lisa Dornell
Honorable Lisa Dornell
U.S. Immigration Judge (Retired)
Member, Round Table of Former Immigration Judges

Part 2 of the series is on April 25, 12-1:30pm. Retired Immigration Judge Lisa Dornell will explain the best practices of litigating gender-based asylum cases before an immigration judge, as well as recommendations for direct examination, cross-examination, and how to handle issues with a client’s memory, trauma, or court interpretation.To register for Part 2: https://bit.ly/3PXJqRn

Please share with your networks!Our goal for this webinar series is to help pro bono attorneys and advocates enhance their the advocacy for #genderbasedviolence to have #immigrationjustice – we’d love for you to join us!

Registration Links here:

https://www.linkedin.com/posts/maría-daniella-prieshoff-61884435_advocacy-genderbased-asylum-activity-7183838321515626498-byB_?utm_source=combined_share_message&utm_medium=member_desktop

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Wonderful learning opportunity! Many thanks to everyone involved in putting it together! 

Trial By Ordeal
Litigating gender-based asylum cases can still be an “ordeal” at EOIR, despite some decent precedents. Learn how to avoid this fate for your clients!
17th Century Woodcut
Public Realm
Source: Ancient Origins Website
https://www.ancient-origins.net/history/trial-ordeal-life-or-death-method-judgement-004160

Wonder whatever happened to the “gender-based regulations” that Biden ordered to be drafted by Executive Order issued shortly after taking office? At this point, given his “lobotomized/running scared/retrograde/Trumpy Lite” position on asylum seekers and immigrants’ rights, probably just as well that they died an unheralded bureaucratic death (just as similar assignments have in the last three Dem Administrations over a quarter century).

Outside of a few Immigration Judges, who, because they understand the issue and have worked with asylum-seeking women, would never be asked anyway, I can’t really think of anyone at DOJ who would actually be qualified to draft legally-compliant gender-based regulations!

GOP are misogynists. Dem politicos are spineless and can’t “connect the dots” between their deadly, tone-deaf policies and poor adjudicative practices aimed at women of color in the asylum system and other racist and misogynistic polities being pushed aggressively by the far right! While, thankfully, it might not “be 1864” in the Dem Party, sadly, inexplicably, and quote contrary to what Biden and Harris claim these days, it’s not 2024 either, particularly for those caught up in their deadly, broken, and indolently run immigration, asylum, and border enforcement systems!

🇺🇸  Due Process Forever!

PWS

04-11-24

💎 ANOTHER “UNPUBLISHED GEM” UNEARTHED BY HON. “SIR JEFFREY” CHASE — 2d Cir. Says “Undue Delay By BIA” Could Overcome “Aging Out” In 42B Cancellation Case!  

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

https://ww3.ca2.uscourts.gov/decisions/isysquery/659feed6-c58f-40f6-8494-5a46352ff341/6/doc/23-6231_so.pdf#xml=https://ww3.ca2.uscourts.gov/decisions/isysquery/659feed6-c58f-40f6-8494-5a46352ff341/6/hilite/

Cruz v. Garland:

Nevertheless, Cruz argues correctly that Isidro-Zamorano, 25 I. & N. Dec. 829, leaves open the possibility for adjudication of the merits of a cancellation application where the qualifying relative aged out of qualifying status because of undue procedural delays. As explained below, the facts are unclear as to why briefing and decision were delayed. As such, we remand for the BIA to address in the first instance whether the delays on appeal in this case were undue and attributable to the agency, and if they were, for the BIA to review the IJ’s denial of cancellation of removal in the first instance.

**********************************

This is yet another in a long list of examples of how the Circuit actually did a better job than the BIA of locating, understanding, and following binding BIA precedent potentially favorable to the respondent!

I wouldn’t bet on today’s BIA adopting on remand an interpretation favoring the applicant, even though, as pointed out by the Second Circuit, such an interpretation would be legally possible. Perhaps, this is a case where amici need to “weigh in” before the BIA on remand.

In my mind, it also raises questions of whether the numerous unnecessary delays, backlogs, and confusion caused by the BIA’s failure to follow the statutory language on the “stop time rule” for 42B cancellation, as twice found by the Supremes, could be categorized as “unnecessary — and totally foreseeable — delay?” Both courts and advocates warned the BIA — in vain — that ignoring the clear language of the statute was a huge mistake that would create more unnecessary disorder in the already dysfunctional EOIR system! But, in their haste to rule in favor of DHS Enforcement, the BIA once again ignored the experts.

🇺🇸 Due Process Forever!

PWS

04-07-24 

******************************

ADDENDUM FROM “SIR JEFFREY:”

“Thanks, Paul (and hi to everyone!), but credit to Ray Fasano for flagging this.

Best, Jeff”

Thanks, Ray!

H. Raymond Fasano, Esquire
H. Raymond Fasano, Esquire
PHOTO: Super Lawyers Profile

 

⚖️🗽 BECKY QUOTES BECKETT, AS FEDERAL JUDGE “SCHOOLS” ADMINISTRATION, GOP NATIVISTS ON WHO THE “LAWBREAKERS” REALLY ARE! — USG Bears Legal (Not To Mention Moral) Responsibility For Forcing Children Into Squalid Camps ☠️🤮 To Await Processing That (By Law) Should Be Timely & Professionally Available @ The Border (But, By Design, Isn’t)!🏴‍☠️

Becky Wolozin
Becky Wolozin
Senior Attorney, National Center For Youth Law
PHOTO:Linkedin

Becky Wolozin, Senior Attorney, National Center For Youth Law, posted on LinkedIn:

I feel so privileged to have been part of this, to do something a good thing for people in this cruel world. Immensely proud of the advocates, migrants, and colleagues who worked together to hold the government to account and protect immigrant children caught in the fray of politics and an uncaring immigration system. It is a professional dream come true to be a member of Flores Counsel with National Center for Youth Law!

“Let us do something, while we have the chance! It is not every day that we are needed. Not indeed that we personally are needed. Others would meet the case equally well, if not better. To all mankind they were addressed, those cries for help still ringing in our ears! But at this place, at this moment of time, all mankind is us, whether we like it or not. Let us make the most of it, before it is too late!” ~ Waiting for Godot, Samuel Beckett

https://www.nytimes.com/2024/04/04/health/migrant-children-border-housing.html?smid=nytcore-ios-share&referringSource=articleShare

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Thanks, Becky, for your talent, dedication, and humanity, all of which stand in sharp contrast to border bureaucrats, DOJ Attorneys, and scofflaw nativists who have “weaponized” myths, dehumanization, dereliction of legal duties, and abdication of moral responsibility! This is a great example of the type of expertise and teamwork to get the job done that is all too seldom seen from the Administration, Congress, and the Judiciary in today’s toxic and too often fact- and morality-free immigration (non) debate! I’m glad that Judge Gee saw through the Garland DOJ’s pathetic attempt to evade legal responsibilities by making arguments that easily could’ be characterized as frivolous! 

You can check it out yourself as quoted from the above NYT:

In response, lawyers for the Department of Justice argued that because the children had not yet been formally taken into custody by American customs officials, they were not obligated to provide such service. They did not dispute that the conditions in the encampments were poor.

Come on, man!👎🤯

Waiting for Godot
Samuel Beckett’s “Waiting for Godot,” and “Theater of the Absurd,” perhaps surprisingly, have continuing relevance to today’s “off the rails” immigration “debate.”
Naseer’s Motley Group in The Rose Bowl
Merlaysamuel
Creative Commons Attribution-Share Alike 3.0
Waiting for Godot in Doon School.jpg Copy
[[File:Waiting for Godot in Doon School.jpg|Waiting_for_Godot_in_Doon_School]]
Copy
December 8, 2011
I also loved the quote from “Waiting for Godot!” As Courtside readers may know, the “Theater of the Absurd,” Samuel Beckett, and “Waiting for Godot” have previously found their way into my postings about Garland’s incredibly lackadaisical approach to “justice @ Justice!” See, e.g., https://immigrationcourtside.com/2023/12/22/%e2%9a%96%ef%b8%8f-followng-scathing-report-on-abuse-of-kids-in-immigration-court-eoir-announces-some-reforms-rekha-sharma-crawford-reports/.

🇺🇸Due Process Forever!

PWS

04-06-24

🇺🇸🎖️⚖️🗽 😇 R.I.P. — PETER SCHEY (1947-2024) — Legendary Litigator, Human Rights Advocate, Champion Of Equal Justice For All, Founded National Immigration Law Center, Center For Human Rights & Constitutional Law

 

Tribute by Juan Jose Gutierrez* in LA Education:

https://laeducacion.us/fallecio-peter-schey-apostol-legal-de-millones-de-inmigrantes-mexicanos-y-latinoamericanos/

Attorney Peter Schey (1947-2024)
Attorney Peter Schey (1947-2024)

The Angels.

Today [April 2] at 1:15 in the afternoon the heart of a giant of jurisprudence stopped beating. He alludes to the lawyer defending human rights, civil rights and constitutional law, the great friend of Mexico and Latin American immigrants, lawyer Peter Schey. He was 77 years old.

Schey was born in the Republic of South Africa, on March 23, 1947. He came with his parents, who emigrated to the United States. Upon graduating from high school in 1966, he applied for and was admitted to pursue a bachelor’s degree in psychology at the University of California, Berkeley, where he graduated in 1970. Additionally, in 1973 he completed his studies in law school at the California Western School. of Law.

His career as a jurist began in 1973. He practiced law at the Legal Aid Society of San Diego, where he had legal representation of low-income immigrants, until 1978, when he moved to the City of Los Angeles, where he founded the National Immigration Law Center.

Desire for justice motivated him to move from San Diego to LA

The main reason that prompted him to leave the City of San Diego was related to the arrest of Mexican activist José Jacques Medina. He had been arrested and imprisoned by agents of the Federal Bureau of Investigation (FBI).

Due to his undocumented status, the FBI handed him over to the Department of Immigration and Naturalization (INS) to immediately deport him to Mexico. Jacques Medina’s wife, Rosario Moreno, traveled from Los Angeles to San Diego to ask Schey to assume the legal defense of her husband.

He immediately accepted and took on the defense with passion and professionalism, which would last for a dozen years until in 1989 or 1990 his case was closed because Jacques Medina requested and obtained his immigration regularization through the “Amnesty Law” of 1986. During that period, the defense stopped his deportation under consideration of the defendant’s right to asylum. He argued that if he were returned to Mexico his life was in danger.

Founded legal institution of historical significance

In 1980, Schey founded and became president and CEO of the Center for Human Rights and Constitutional Law. He remained at the head of this important institution for 44 years and 4 months.

In these four decades, Schey filed Class Action lawsuits in favor of the constitutional rights of millions of immigrants from various parts of the world, but especially Mexicans and Latin Americans. I will mention three examples:

1.- In 1994, the Californian political extreme right adopted a fascist, racist and cruel policy against undocumented immigrants and created Proposition 187, which was approved by a majority of the state electorate in November of that year. This resolution denied medical care, social services and education to people suspected of having entered California irregularly.

However, the day after its approval, this ordinance was stopped in court by a lawsuit led by Peter Schey and known as League of United Latin American Citizens v. Wilson. After a severe legal battle, this very important lawsuit prevented said proposal from being implemented, which meant a major offense to the migrant community. In July 1999, Democratic Governor Gray Davis reached an agreement with leaders of pro-immigrant organizations and his lawyers and gave up appealing the decision of the Ninth Circuit Court of Appeals that had declared it unconstitutional. And therefore, this disastrous Proposition was canceled without it ever being able to be implemented.

2.- Another legal case, known under the title Flores v. Reno established a minimum standard of quality of life for undocumented immigrant children detained in the United States and recognized the Center for Human Rights and Constitutional Law as the only nongovernmental organization authorized to certify that detention centers housing any undocumented minor met the agreed minimum standards and also established the prompt release of the minors and that they could be delivered to relatives residing in the United States as soon as possible.

3.- I cannot close this remembrance of Schey without mentioning the case known as Plyler v. Doe. Schey participated in this lawsuit and it was filed because in 1977 the State of Texas ordered that in the public school system, children who did not provide proof of being citizens of the United States would have to pay the school district, to which their school belonged, one thousand dollars. or would not be allowed access to the instruction.

In 1982, the US Supreme Court ruled that ‘a state cannot prevent the children of undocumented immigrants from attending public school.’

With these three examples, among many others that could be cited, it is clear that millions of undocumented girls and boys and workers must be eternally grateful to benefactor Peter Schey because thanks to his efforts in the courts, today they enjoy legal protections.

In short, thanks to his social education, his effort, persistence and tenacity as a general of immigration laws and constitutional law, as our great colleague Peter Schey undoubtedly was, countless immigrants can enjoy a decent life.

*Juan José Gutiérrez is executive director of the Full Rights Coalition for Immigrants based in Los Angeles.

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Needless to say, I butted heads with Peter a number of times during my tenure in the Office of General Counsel at the “Legacy INS” (1976-87).  I always had the greatest respect for his legal talent, courage, dedication, and persistence! He will be missed! But, his contributions to the law and the organizations he founded live on.

🇺🇸 Due Process Forever!

PWS

04-04-24