⚖️👩🏻‍⚖️JUSTICE-ELECT BARRETT STUMPED BY WHETHER GOVERNMENT-SPONSORED CHILD ABUSE IS ILLEGAL OR IMMORAL – Frankly, My Dears, Once They Are Out Of The Womb, Who Cares, Particularly If They Are Only Migrant Kids? – Bess Levin @ Vanity Fair With The Latest Scoop On “America’s Favorite Mother!”

Judge Amy Coney Barrett
Supreme Court Nominee by Bob Englehart, PoliticalCartoons.com
Published under license
Bess Levin
Bess Levin
Politics & Finance Writer
Vanity Fair

https://www.vanityfair.com/news/2020/10/amy-coney-barrett-child-separation?utm_source=nl&utm_brand=vf&utm_mailing=VF_Hive_101520&utm_medium=email&bxid=5bd67c363f92a41245df49eb&cndid=48297443&hasha=8a1f473740b253d8fa4c23b066722737&hashb=26cd42536544e247751ec74095d9cedc67e77edb&hashc=eb7798068820f2944081a20180a0d3a94e025b4a93ea9ae77c7bbe00367c46ef&esrc=newsletteroverlay&mbid=mbid%3DCRMVYF012019&utm_campaign=VF_Hive_101520&utm_term=VYF_Hive

 

Since Amy Coney Barrett was nominated to the Supreme Court, Republicans have suggested that one of the reasons she should be given a lifetime appointment on the highest court of the land is that she has seven kids. Barrett is “a remarkable mother” with “seven beautiful children,” Senator Thom Tillis said during the first day of her confirmation hearing. She’s a “tireless mother of seven,” Senator Chuck Grassley told the room. “She and her husband have seven children,” Senator Lindsey Graham said in his opening remarks, in case anyone hadn’t heard, before giving her two more. “She and her husband have seven children. Two adopted. Nine seems to be a good number,” he said. Obviously, constantly bringing up this part of Barrett’s biography is part of an attempt on Republicans’ part to (1) draw a distinction between Barrett and what they view as childless heathen Democrats, (2) claim that any opposition to her confirmation is anti-mom, and (3) suggest that since she’s a mother, she must be a good person who couldn’t possibly issue rulings that would hurt millions of people.

But, surprise! Despite being a mother, Barrett is expected to help overturn the Affordable Care Act. (After she was asked about this possibility, which would strip health insurance from millions, Grassley raged at his Democratic colleagues that “As a mother of seven, Judge Barrett clearly understands the importance of health care.”) She will also very likely go after Roe v. Wade, if given the chance, which some mothers would point out prevents their daughters—or even women they didn’t give birth to!— from being forced into back alley abortions. And even though she’s a mom of seven children, she apparently thinks the jury is still out on whether or not it’s bad to separate small children from their parents, if they happen to be from another country: . . . .

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

Read the rest of Bess’s article and the latest from The Levin Report at the above link.

Just for the record, the Trump DOJ conceded before U.S. District Judge Dana Sabraw (a GOP appointee) that intentional child separation is a violation of Fifth Amendment Due Process.

They also declined to appeal Judge Sabraw’s order to that effect – unusual for a regime that usually pushes the most frivolous, clearly illegal, and unethical positions for as long as possible to the highest levels of the judiciary (knowing that the “Roberts” Five” believes that ethical requirements and disciplinary procedures don’t apply to the Trump legal team assembled on your taxpayer dollars).

Wonder what would happen if we had a more honest and realistic confirmation system that allowed nominees to actually answer truthfully, rather than disingenuously claiming under oath that after a lifetime of intense public involvement in the law, politics, and public policy, they had no real views on anything of any importance whatsoever?

I actually doubt that an honest answer to this question, either way, would have cost Coney Barrett her politically-assured confirmation, nor would it have required recusal in any litigation likely to reach the Supremes’ merits docket.  So, Coney Barrett thinks we’re dumb enough to believe that after several days of her GOP sponsors touting the wonderfulness of her bold embrace of their far-right agenda — the first overtly “pro-life woman Justice” — that they are badly mistaken and, in fact, she has no views or opinions on anything.

 

It kind of reminds me of the “super-disclaimer” I used to give on those occasions when my “EOIR handlers” let me speak in public: “Nothing that I say today represents my view on any case that I decided in the past, is pending before me, or might come before me in the future.”

 

On the bright side, Coney Barrett was able to (sort of) answer the question of Sen. John “I’m Not JFK” Kennedy (R-LA) about who does the laundry at her home (supposed to be her kids, but apparently they haven’t completely gotten the message. Now, if ACB were before me in Immigration Court, this is the point when I would have turned to the kids and said “Come on kids, Mom’s doing it all for you and others, I want you to give her and your Dad a hand.”)

 

Seriously, though, Dems, here’s the definition of Justice Amy Coney Barrett: “It’s what you get when lose elections for the White House and the Senate.” If you really want the next woman Justice to be a worthy progressive successor to the legacy of RBG and a “soul mate” for Justice Sonia Sotomayor, then go out and win the elections necessary to make that happen!

 

Another huge plus: If we Dems could figure out how to translate our national political majority into control of all three political arms, we could shore up health care, address COVID in a rational way, help Americans who have lost livelihoods and confidence because of COVID, and create educational opportunities and jobs that will be durable and serve us well in the Post-COVID world. We could also address the deficit by undoing the revenue shortage resulting from unwarranted tax giveaways to the wealthy, and get “more bang for our tax dollars” by running government wisely, prudently, and efficiently, for the overall public good rather than for the benefit of grifters and their selfish, anti-democracy far-right agenda.

 

Then, we could see whether Justice Barrett will stick to her word and urge her colleagues to “let the political branches of Government make policy.” That’s something that has been a challenge for past right-wing jurists, including the late Justice Scalia. But, if it actually happened, it would make the issue of “enhancing” the Supremes with progressive Justices largely moot.

 

Which is probably why Joe & Kamala have wisely refused to “take the GOP bait” on how they might specifically solve a problem that might or might not exist in the future. I do know one thing, however. As reflective, reasonable, and thoughtful public officials who listen to expert advice, they will promote the best possible solution for all Americans under the circumstances. That’s certainly a “quantum leap” over where we are today!

 

PWS

 

10-15-20

 

PWS

10-14-20

 

 

 

 

⚖️👨🏻‍⚖️🤡👎🏻WHERE’S THE COMPETENCE? — BIA’s Misguided Decade-Long Effort To Unlawfully Disqualify Man From Relief Ends Badly, With Third Court Of Appeals Reversal In The Same Case! — THIS is “Expert Adjudication?” — No Wonder The Backlogs Are Endless!

 

https://www2.ca3.uscourts.gov/opinarch/192594p.pdf

Larios v. Attorney General, 3rd Cir., 10-14-20

PANEL: SMITH, Chief Judge, HARDIMAN, and KRAUSE, Circuit Judges

OPINION BY: Judge KRAUSE

KEY QUOTE:

To determine if a noncitizen convicted of a state offense is subject to immigration consequences prescribed in federal law, the Supreme Court has instructed courts to compare whether the elements of the state offense define a crime that is the same as or narrower than the generic federal offense. See Descamps v. United States, 570 U.S. 254, 257 (2013). This

2

analysis, which has come to be known as the “categorical approach,” sounds simple in theory but has proven difficult (and often vexing) in practice, necessitating a “modified categorical approach” and generating an evolving jurisprudence around when the categorical or modified categorical approach applies.

That difficulty is borne out in the convoluted history of this case. Here, in what is now Lazaro Javier Larios’s third petition for review from prior reversals, the Board of Immigration Appeals (BIA) applied the categorical approach and held Larios ineligible for cancellation of removal under 8 U.S.C. § 1229b(b)(1) for having been convicted of “a crime involving moral turpitude.” 8 U.S.C. § 1182(a)(2)(A)(i)(I). Because we conclude the crime at issue—New Jersey’s terroristic-threats statute, N.J. Stat. Ann. § 2C:12-3(a)—should have been analyzed under the modified categorical approach, and, under that approach, the particular offense of which Larios was convicted is not a crime involving moral turpitude, we will grant the petition for review.

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

Three strikes and you’re out?⚾️

Yes, it’s unnecessarily complicated. That’s mostly Congress’s fault. But, what good is a supposedly “expert tribunal” that can’t correctly resolve a complicated issue after three tries spanning 10 years?

PWS

10-15-20

👩‍⚖️⚖️ONE MEAN☠️🤮⚰️ MOTHER: Soon-To-Be Justice Barrett’s Immigration Jurisprudence Shows Cruelty, Legal Ignorance, Lack Of Empathy For The Vulnerable Humans Whose Lives Are At Stake In An Unconstitutional System Rigged Against Them!

Judge Amy Coney Barrett
Supreme Court Nominee by Bob Englehart, PoliticalCartoons.com
Published under license

 

Dahlia Lithwick
Dahlia Lithwick
Supreme Court Reporter
Slate
Wikimedia Commons — Public Domain
Mark Joseph Stern
Mark Joseph Stern
Reporter, Slate

 

https://slate.com/news-and-politics/2020/10/democrats-amy-coney-barrett-confirmation-supreme-court-chat.html

Dahlia Lithwick & Mark Joseph Stern in Slate:

. . . .

Dahlia: I wonder what you thought of Barrett’s statement, about how she reads each of her opinions through the eyes of the losing party. As you have written, the losing party tends to be the prisoners, the Black worker, the teen seeking abortion, the asylum seeker. It reminded me of Justice Samuel Alito testifying at his hearings about his great solicitude for immigrants.

Mark: Barrett’s opening statement made me think about one of her worst decisions (so far), in which she approved the deportation of an asylum seeker because there were small, trivial variations in his account of persecution. Over a dissent, Barrett said, yep, this asylum seeker must be sent home to be tortured and murdered because tiny details in his story changed over time. Would a judge who views the case through the eyes of the asylum seeker really dismiss his claims so cavalierly? I doubt it.

. . . .

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

Read the complete dialogue at the link.

So much for intellectual honesty! It also shows Barrett’s fundamental lack of experience and legal understanding of what Immigration “Courts” really are and how they have been politicized and weaponized against asylum seekers by “judges” who report to overtly biased and xenophobic politicos in the Executive Branch. Just how would this “naked farce” satisfy any rudimentary concept of Due Process? Clearly it doesn’t. And just as clearly, intentionally tone-deaf judges like Barrett don’t care!  They lack the guts, relevant experience representing migrants, and the intellectual presence to stand up for the Constitutional and human rights of “the other.” 

How would YOU like to be sentenced to torture and/or death based on trivial inconsistencies found by an Immigration “Judge” working directly for the Attorney General and his regime in a badly flawed assembly line process designed to achieve political policy objectives, not justice?

Also, did anyone else pick up the facial absurdity of Barrett’s disingenuous claim to be “apolitical” while pledging allegiance to GOP “superhero” the late Justice Antonin Scalia, probably the most overtly “political Justice” of modern times?

Bottom Line: Once you’re out of the womb, this is one mother you don’t want on your case!🏴‍☠️☠️⚰️

Better Judges For A Better America! Judge/Justice Barrett is part of the problem, not the solution! The best way to insure that she is among the last, far-right, anti-democracy, inhumane judges given life tenure on the Supremes or anywhere else, vote ‘em out, vote ‘em out! Then, we’ll discover the “true meaning” of Barrett’s “I’m not there to make policy nonsense!” (Indeed, I would submit that the sole reason for her appointment was the GOP’s belief and expectation that she will reliably elevate disingenuous right-wing policies, biases, and prejudices over the Constitutional, individual, and human rights of individuals and that she will be a steadfast opponent of Constitutionally-required equal justice under law.)

Justice for the George Floyds, Breonna Taylors, dehumanized dead asylum seekers, and wrongfully imprisoned migrant kids of the world (e.g., the end of unconstitutional “Baby Jails”) will require a different type of “Justice” than Amy Coney Barrett in the future! Far from being truly “independent” and “apolitical,” Barrett is likely to be the perfect representative of the warped man who appointed her and his anti-democracy party. And, that’s likely to cause problems for all Americans of good will far into the future!

PWS

10-13-20

NDPA NEWS: Liz Jordan @ Immigration Detention Accountability Project (IDAP), Denver, With USDC Victory On DHS’s Deadly ☠️🤮⚰️ COVID Practices!

Elizabeth Jordan ESQUIRE
Elizabeth Jordan Esquire
Director, Immigration Detention Accountability Project (IDAP)

 

Hi everyone,

 

I am pleased to report that we, along with co-counsel SPLC, DRA, Orrick, and Willkie, just got the attached order on our motion to enforce our Fraihat COVID preliminary injunction. We are working on developing guidance for detained folks, their families, advocates and allies. We encourage you to read it through if you’re interested because there are a lot of gems in there, but did want to flag these four big takeaways ASAP:

 

  1. Defendants shall mandate more widespread and regular testing of medically vulnerable people, consistent with CDC guidelines and above the level provided by the BOP and state prisons.
  2. Defendants shall mandate that medical isolation and quarantine are distinct from solitary, segregated, or punitive housing, that extended lockdowns as a means of COVID-19 prevention are not allowed, and that access to diversion and to telephones must be maintained to the fullest extent possible.
  3. Defendant shall provide more protective, and more concrete, transfer protocols to protect medically vulnerable people, including a suspension of transfers with a narrow and well defined list of exceptions consistent with CDC guidance.
  4. On custody redeterminations, blanket or cursory release denials are prohibited. Only in rare cases should a medically vulnerable detained individual who is not subject to mandatory detention remain detained, and any exceptions must be supported by specific justifications. With respect to people who are subject to mandatory detention, defendants must perform an individualized assessment, and should only continue to be detained after consideration of the risk of severe illness or death, with due regard to the public health emergency.

Many thanks to the many of you on these various lists for your reporting of on-the-ground conditions and results of release requests for class members, for evidence you provided in support of this motion, and for your thought partnership and tireless advocacy on these issues. Free them all!

 

Thanks

Liz.

 

Elizabeth Jordan*

(she/her/ella)

Director, Immigration Detention Accountability Project (IDAP)

Civil Rights Education and Enforcement Center (CREEC)NDP

Here’s Judge Jesus Bernal’s  Order in Fraihat, et al. v. ICE:

2020-10-08 [240] Order Granting MTE in part

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

Congrats, Liz, and thanks for all you do for American justice!

This sentence from Judge Bernal’s order says it all about the Trump ICE kakistocracy:`

Defendants have established a pattern of noncompliance or exceedingly slow compliance that calls for more active Court monitoring than has heretofore been the case.

What if we had an independent U.S. Immigration Court with judges who had demonstrated due process and human rights expertise? Such a court could require ICE to comply with the law, take appropriate corrective action against contemptuous non-compliance, and relieve US District Judges from the responsibility to supervise ICE.

Kakistocracy is neither ethical nor efficient! Vote the kakistocracy out this Fall!

Due Process Forever!

PWS

10-09-20

 

 

 

ROUND TABLE STAR 🌟 HON. SUE ROY REPORTS ON AILA LITIGATION ABOUT NEW JERSEY IMMIGRATION COURTS⚖️!

Hon. Susan G. Roy
Hon. Susan G. Roy
Law Office of Susan G. Roy, LLC
Princeton Junction, NJ
Member, Round Table of Former Immigration Judges

ROUND TABLE STAR 🌟 HON. SUE ROY REPORTS ON NJ AILA LITIGATION ABOUT IMMIGRATION COURTS⚖️!

By Hon. Sue Roy

Former U.S. Immigration Judge

Exclusive to Courtside

Oct. 8, 2020

As Paul had written about in August, the New Jersey chapter of the American Immigration Lawyers Association (AILA-NJ) filed a complaint against the Department of Justice/Executive Office for Immigration Review (DOJ/EOIR) over the arbitrary re-opening of the Newark Immigration Court for in-person hearings on July 13, 2020, without proper COVID-19 safety procedures and protocols in place.

 

This is despite the fact that in March, numerous individuals contracted COVID-19 because the Court did not timely close at the outset of the pandemic. To date, a well-respected immigration attorney who was present in the building during that time passed away from COVID-19 complications. Three additional people who worked in the building have also passed away from COVID-19, and many individuals became quite ill due to the exposure; some of whom have permanent health complications as a result.

 

As of now, most courts in NJ remain closed; courts at the municipal, country, state, and federal level have successfully utilized either telephonic or televideo technology to ensure that cases move forward. In fact, the NJ District Court is literally next door to the Newark Immigration Court; it remains closed, and the U.S. Attorney’s Office, which is located in the same building as the Newark Immigration Court, remains closed as well.

 

Before filing the lawsuit, AILA-NJ asked EOIR to provide them with information regarding what safeguards were going to be implemented at the time of reopening, but EOIR declined to respond.

It should be noted that the National Association of Immigration Judges (NAIJ) has been seeking the same information from EOIR, and EOIR has refused to release information to NAIJ as well.

 

Accordingly, AILA-NJ, through the pro bono representation of Gibbons, P.C., filed a complaint and an injunction request in the NJ District Court. DOJ, represented by the U.S. Attorney’s Office, advised the Court that it was not their responsibility to ensure the safety of individuals utilizing the Court; it was the parties’ responsibility to follow proper COVID-19 safety protocols. While Judge Vasquez did not grant the injunction, he was extremely critical of DOJ’s position, calling it “shocking” and “disheartening.” He noted that it was impossible for him to determine if EOIR had acted in an arbitrary and capricious manner in reopening the Newark Immigration Court without being advised as to what went into the decision-making process.

 

Two and ½ weeks ago, DOJ asked for a 2-week extension to file their responses to Judge Vasquez’s requests for information regarding EOIR’s safety plans, any policy discussions/memoranda from the various agencies who were allegedly involved in the decision to reopen Newark Immigration Court in July. DOJ also indicated that, despite previously stating that televideo proceedings were not possible, they were looking into setting them up at Newark.  AILA-NJ agreed to the continuance request.

 

The Newark Immigration Court has held a few televideo hearings over the past two weeks. Attorneys are required to have their clients present with them in their offices when appearing before the Court. One attorney who was forced to do this tested positive for COVD-19 two days later and is now in quarantine.

 

Instead of then complying with Judge’s Vasquez’s order, last Thursday, DOJ filed a letter brief asking the Judge to dismiss the lawsuit as moot. AILA-NJ offered to settle the matter through the use of a consent order; DOJ refused. Therefore, AILA-NJ has opposed the request to dismiss the lawsuit, noting the continuing safety issues, the lack of any uniform procedures for the video hearings, the fact that televideo hearings are subject to individual judges’ discretion, and other concerns.

 

There is a telephonic conference now scheduled before Judge Vasquez for Thursday, October 8, at 11:30 am.

 

As of now, televideo hearings are only being offered at Newark Immigration Court, (not nationwide) and only to AILA-NJ attorney members who request it. Non-AILA-NJ attorneys are not being offered this option, and neither are pro se litigants, who are required to appear in person for master calendar and individual hearings. Court staff, interpreters, and immigration judges are required to be physically present for hearings, thus risking exposure to COVID-19, which is currently on the rise again in New Jersey generally, and in Newark in particular.

 

We have always suspected that EOIR had no safety plans or protocols in place before it decided to arbitrarily reopen the Newark Immigration Court. This view is shared by the NAIJ. The fact that EOIR reversed course and set up televideo hearings in Newark in less than 2 weeks and are now seeking to not release any information demonstrates just how disingenuous and unscrupulous DOJ has become.

 

NAIJ, the New Jersey State Bar Association, the Hispanic Bar Association, and the Round Table of Former Immigration Judges, among others, have all issued statements in support of the AILA-NJ litigation.

Hon. Susan B. Roy is a member of the Round Table of Former Immigration Judges and the principal of Law Office of Susan G. Roy, LLC in Princeton Junction, New Jersey.

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

Thanks, Sue, for all you do for due process!

Here are links to my previous reports on the litigation:

https://immigrationcourtside.com/2020/09/05/22729/

🏴‍☠️☠️🤮👎KAKISTOCRACY WATCH: NJ AILA Sues EOIR’s Malicious Incompetents To Stop Deadly ☠️☠️☠️🤮 In-Person Hearings

Due Process Forever!

PWS

10–08-20

 

 

 

 

🏴‍☠️☠️🤮⚰️👎CRIMES AGAINST HUMANITY, “PERPS” ON THE LOOSE! — DOJ Internal Report Shows How “Gonzo Apocalypto” Sessions, Rosenstein, Hamilton Conspired To Separate Migrant Kids In Violation Of 5th Amendment — When Will These Criminals Be Charged & Prosecuted Under 18 USC 242? — NY Times Reports!

Sessions in a cage
Jeff Sessions’ Cage by J.D. Crowe, Alabama Media Group/AL.com
Republished under license

https://www.nytimes.com/2020/10/06/us/politics/family-separation-border-immigration-jeff-sessions-rod-rosenstein.html?campaign_id=9&emc=edit_nn_20201007&instance_id=22889&nl=the-morning&regi_id=119096355&section_index=2&section_name=the_latest_news&segment_id=40077&te=1&user_id=70724c8ee3c2ebb50a6ef32ab050a46b

‘We Need to Take Away Children,’ No Matter How Young, Justice Dept. Officials Said

Top department officials were “a driving force” behind President Trump’s child separation policy, a draft investigation report said.

pastedGraphic.pngpastedGraphic_1.pngpastedGraphic_2.png

By Michael D. Shear, Katie Benner and Michael S. Schmidt

  • Oct. 6, 2020
    • 505

WASHINGTON — The five U.S. attorneys along the border with Mexico, including three appointed by President Trump, recoiled in May 2018 against an order to prosecute all undocumented immigrants even if it meant separating children from their parents. They told top Justice Department officials they were “deeply concerned” about the children’s welfare.

But the attorney general at the time, Jeff Sessions, made it clear what Mr. Trump wanted on a conference call later that afternoon, according to a two-year inquiry by the Justice Department’s inspector general into Mr. Trump’s “zero tolerance” family separation policy.

“We need to take away children,” Mr. Sessions told the prosecutors, according to participants’ notes. One added in shorthand: “If care about kids, don’t bring them in. Won’t give amnesty to people with kids.”

Rod J. Rosenstein, then the deputy attorney general, went even further in a second call about a week later, telling the five prosecutors that it did not matter how young the children were. He said that government lawyers should not have refused to prosecute two cases simply because the children were barely more than infants.

“Those two cases should not have been declined,” John Bash, the departing U.S. attorney in western Texas, wrote to his staff immediately after the call. Mr. Bash had declined the cases, but Mr. Rosenstein “instructed that, per the A.G.’s policy, we should NOT be categorically declining immigration prosecutions of adults in family units because of the age of a child.”

The Justice Department’s top officials were “a driving force” behind the policy that spurred the separation of thousands of families, many of them fleeing violence in Central America and seeking asylum in the United States, before Mr. Trump abandoned it amid global outrage, according to a draft report of the results of the investigation by Michael E. Horowitz, the department’s inspector general.

The separation of migrant children from their parents, sometimes for months, was at the heart of the Trump administration’s assault on immigration. But the fierce backlash when the administration struggled to reunite the children turned it into one of the biggest policy debacles of the president’s term.

Though Mr. Sessions sought to distance himself from the policy, allowing Mr. Trump and Homeland Security Department officials to largely be blamed, he and other top law enforcement officials understood that “zero tolerance” meant that migrant families would be separated and wanted that to happen because they believed it would deter future illegal immigration, Mr. Horowitz wrote.

The draft report, citing more than 45 interviews with key officials, emails and other documents, provides the most complete look at the discussions inside the Justice Department as the family separation policy was developed, pushed and ultimately carried out with little concern for children.

This article is based on a review of the 86-page draft report and interviews with three government officials who read it in recent months and described its conclusions and many of the details in it. The officials, who spoke on the condition of anonymity because they had not been authorized to discuss it publicly, cautioned that the final report could change.

Before publishing the findings of its investigations, the inspector general’s office typically provides draft copies to Justice Department leaders and others mentioned in the reports to ensure that they are accurate.

Mr. Horowitz had been preparing to release his report since late summer, according to a person familiar with the investigation, though the process allowing for responses from current and former department officials whose conduct is under scrutiny is likely to delay its release until after the presidential election.

Mr. Sessions refused to be interviewed, the report noted. Mr. Rosenstein, who is now a lawyer in private practice, defended himself in his interview with investigators in response to questioning about his role, according to two of the officials. Mr. Rosenstein’s former office submitted a 64-page response to the report.

“If any United States attorney ever charged a defendant they did not personally believe warranted prosecution, they violated their oath of office,” Mr. Rosenstein said in a statement. “I never ordered anyone to prosecute a case.”

. . . .

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

Read the complete article at the link.

U.S. District Judge Dana Sabraw concluded that intentional separation of families was unconstitutional — a clear violation of Fifth Amendment due process. https://www.nytimes.com/2018/06/26/us/politics/family-separations-congress-states.html

The Government did not seriously question the correctness of this finding! 

Intentionally violating Constitutional rights (not to mention lying and attempting to cover it up) is clearly a violation of 18 USC 242.

Here’s the text of that section from the DOJ’s own website:

TITLE 18, U.S.C., SECTION 242

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, … shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

https://www.justice.gov/crt/deprivation-rights-under-color-law

Sure looks like an”open and shut” case for prosecution.

The irony: Families and their kids have been traumatized for life, perhaps even killed or disabled by the actions of these criminal conspirators; however, the “perps” remain at large.

Hamilton is on the public dole continuing to wreak-havoc on the Constitution, the rule of law, the Immigration Courts, and human decency at the corrupt Barr DOJ; Rosenstein works for a “fat cat” law firm hauling down a six figure salary while he avoids justice and accountability for his misdeeds; “Gonzo” had the absolute audacity to try to reinsert himself onto the public dole by running for the Senate from Alabama (thankfully, unsuccessfully, even though he previously held the seat for years and misused it as a public forum to spread his racist ideas, xenophobic venom, lies, false narratives, and unrelenting cruelty).

Where’s the “justice” in a system that punishes victims while letting “perps” prosper and go free?

Due Process Forever!

PWS

10-07-20

MARCIA BROWN @ NEW REPUBLIC — There Can Be No Due Process Without An Independent Immigration Court Staffed By Qualified Judges!

Marcia Brown
Marcia Brown
Writing Fellow
American Prospect
Photo source: American Prospect

https://newrepublic.com/article/159530/best-way-protect-immigrants-whims-politics

. . . .

Paul Schmidt, who served as a board member and board chair of the Board of Immigration Appeals under the [Clinton] administration, said that Trump is not the first to manipulate the courts. In 2003, President George Bush’s Attorney General John Ashcroft removed board members whose views did not match the administration’s ideas for immigration. “You can track the downward trajectory of the immigration courts from Ashcroft,” he said. “We call it the purge. If you’re not with the program, your job could be on the line.… Ashcroft rejiggered the system so there’s no dissent.”

Schmidt said he “got bounced” because of his views, which makes him skeptical of the courts ever being independent in the current system. “How can you be a little bit independent?” he said. “It’s like being a little bit pregnant. You either are, or you aren’t.”

. . . .

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

Read the full article at the link.

Congrats to Marcia for recognizing that while the seeds of the current Immigration Court disaster originated in the Bush II Administration, they also grew steadily because of the Obama Administration’s mismanagement and misuse of the Immigration Courts.

Given a rare chance to create a truly progressive, due-process-oriented judiciary, without any interference from Mitch McConnell and the GOP, the Obama group chose another path. They promoted “Aimless Docket Reshuffling” at EOIR to meet improper political policy objectives. At the same time, they almost totally “shut out” the human rights, clinical, and immigration bars by appointing over 90% of Immigration Judges from Government backgrounds, overwhelmingly DHS prosecutors. 

Notwithstanding a process that did not require Senate Confirmation, the Obama Administration politicos took a mind boggling average of two years to fill Immigration Court judicial vacancies! They also left an unconscionable number of unfilled positions on the table for White Nationalist AG Jeff Sessions to fill!

Sure, it’s not “malicious incompetence” like the Trump regime. But, for asylum applicants and other migrants whose lives and due process rights are now going down the drain at an unprecedented accelerated rate, the difference might be negligible.

Dead is dead! Tortured is tortured! Missed opportunities to save lives are lives lost!

First, and foremost, Biden/Harris need to get elected. But, then they must escape the shadow of Obama’s immigration failures and do better for the many vulnerable and deserving folks whose lives are on the line.

Shouldn’t be that hard! The progressive legal talent is out there for a better Federal Judiciary from the Immigration Courts to the Supremes.

It just requires an Administration that takes due process, human rights, human dignity, and equal justice for all seriously and recognizes that in the end, “it all runs through immigration and asylum!” The failure to establish a sound, independent, institutionalized due process and equal justice foundation at the U.S. Immigration Courts, the “retail level” of our courts, now threatens to infect and topple the entire U.S. justice system! We need to end “Dred Scottification” before it eradicates all of our individual rights.

Due Process Forever!

PWS

10-06-20

U.S. JUDGE 👨‍⚖️ 🇺🇸⚖️ THWARTS ICE 🏴‍☠️ EFFORT TO REMOVE INDONESIAN ASYLUM APPLICANT – “Siahaan’s attorneys, Elsy Ramos Velasquez and Patrick Taurel, had argued the arrest was made under false pretenses, without a warrant and in violation of ICE’s policy that typically prohibits agents from making arrests on church property.”

Meagan Flynn
Meagan Flynn
Morning Mix Reporter
WashPost
Photo From Twitter

https://www.washingtonpost.com/local/social-issues/siahaan-immigration-deportation/2020/10/03/ec7f2380-04c2-11eb-897d-3a6201d6643f_story.html

 

By

Meagan Flynn

Oct. 3, 2020 at 3:50 p.m. EDT

A federal judge in Maryland has granted an undocumented Indonesian immigrant temporary reprieve from deportation, ruling Friday evening that immigration authorities cannot remove him from the country until he has a chance to pursue religious asylum.

Binsar Siahaan, a 52-year-old father to two U.S. citizens, attracted considerable support from faith-based activists nationwide after he was arrested by U.S. Immigration and Customs Enforcement last month at his home on the grounds of Glenmont United Methodist Church in Silver Spring, Md. He and his wife, also an undocumented Indonesian immigrant, work there as church caretakers.

ICE arrested an undocumented immigrant on church grounds. They lied to coax him out, family and attorney say.

Siahaan’s attorneys, Elsy Ramos Velasquez and Patrick Taurel, had argued the arrest was made under false pretenses, without a warrant and in violation of ICE’s policy that typically prohibits agents from making arrests on church property. They also argued that Siahaan, who is Christian, should not be deported to majority-Muslim Indonesia until he has a chance to fully pursue religious asylum.

On Friday, U.S. District Judge Paul Grimm agreed, granting Siahaan a preliminary injunction that blocks ICE from removing him from the country until the Board of Immigration Appeals, or a higher federal court, makes a ruling on his pending appeal. Siahaan is being held at a detention center in Georgia, where he was transferred from Baltimore to await deportation. Grimm also ordered ICE to bring him back to Baltimore, where he will remain in custody closer to his family.

“When the ruling came down, we were really relieved,” said the Rev. Kara Scroggins, pastor at Glenmont United Methodist. “We’re glad that he’s closer to home at the detention facility in Baltimore, but we’re going to keep fighting until he’s home with his family.”

ICE could not immediately be reached for comment Saturday but previously said Siahaan was arrested “after he received full due process in the nation’s immigration courts.”

 

. . . .

 

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

Read the full article at the link.

 

Hats off to the litigation team and to U.S. District Judge Paul Grimm! By ordering ICE to return Siahaan to Maryland, rather than detaining him in Georgia, generally known as one of the worst places in the “New American Gulag,” Judge Grimm took the kind of effective action necessary to stop the abusive actions of ICE and to guarantee real due process!

 

In a functioning system with an independent U.S. Immigration Court comprised of Judges with expertise in asylum and human rights laws and a commitment to due process and the rule of law, Immigration Judges could take the actions necessary to protect fundamental rights and hold ICE accountable without constant resort to the U.S. District Courts. A “captive” Immigration Court, where Immigration Judges are subservient to Billy the Bigot Barr and pressured to act as “ICE enforcement in robes” ill-serves the national interest! It’s also highly inefficient and wasteful of public resources!

 

Thanks to my good friend Deb Sanders for bringing this incident to my attention!

 

Due Process Forever!

 

 

PWS

10-05-20

SCOFFLAW 🏴‍☠️ REPORT:  Another Federal Judge 👩🏻‍⚖️ Exasperated🤮 By Regime’s Contemptuous Lawlessness! – Census Farce Continues To Play Out!

Tara Bahrampour
Tara Bahrampour
Demographics Reporter
Washington Post

https://www.washingtonpost.com/local/social-issues/in-a-new-ruling-judge-says-census-count-must-continue-through-october/2020/10/02/ecd195aa-04bf-11eb-897d-3a6201d6643f_story.html

 

By Tara Bahrampour @ WashPost:

 

A federal judge has ordered that the 2020 Census count continue until Oct. 31, blocking for now the government’s efforts to complete the survey in time to deliver apportionment data to the president by the end of the year.

 

The ruling late Thursday night by U.S. District Judge Lucy Koh of the Northern District of California follows a tense week in which the government appeared to try to circumvent a preliminary injunction against ending the count early.

 

After a surprise announcement Monday that the bureau was moving the end date by just five days, from Sept. 30 to Oct. 5, plaintiffs in the case asked Koh to provide clarification of her earlier order and other sanctions.

 

Census Bureau announces new ‘target date’ of Oct. 5 to finish 2020 Census count

Rejecting the government’s argument that the request was “an attempt to radically modify the preliminary injunction,” Koh’s new ruling clarified that the end date for collection must revert to Oct. 31, as the bureau had originally planned.

 

It also ordered that on Friday, the government must send text messages to all Census Bureau employees notifying them of the Oct. 31 end date, and that Director Steven Dillingham must file a declaration by Monday that “unequivocally confirms Defendants’ ongoing compliance with the Injunction Order and details the steps Defendants have taken to prevent future violations of the Injunction Order.”

The suit, brought by the National Urban League and a group of counties, cities and others, said a truncated schedule would irreparably harm communities that might be undercounted.

 

On Friday, Kristen Clarke, president and executive director of the Lawyers’ Committee for Civil Rights Under Law, which is arguing the case, said, “Once again, the court has stopped the administration in its tracks.” Noting that some states with significant minority populations still face an undercount, she added, “Much work remains to be done to achieve an accurate census count that satisfies constitutional standards.”

 

The Justice and Commerce departments did not respond to requests for comment.

The government had appealed Koh’s Sep. 24 injunction to the U.S. Court of Appeals for the 9th Circuit, which denied the appeal Tuesday.

 

Appeals judges uphold lower court’s order to continue census count

Nevertheless, Koh found that after her injunction, the government continued to tell employees to wind down operations by Sept. 30, and the Census Bureau’s website, “which is updated daily,” continued for four days after her injunction to say that data collection would end that day.

 

. . . .

 

***********************************`

Read the rest of the article at the link.

 

So, when is Judge Koh going to jail Wilber Ross, his census toadies, Billy the Bigot, and the DOJ lawyers who continue to defend clearly lawless, dishonest, and contemptuous actions in court? Why have corrupt Federal officials and their lawyers become exempt from ethical requirements and, in the case of lawyers, their role as “officers of the court?”

 

PWS

 

10-05-20

 

 

⚖️HON. SHIRA SCHEINDLIN👩🏻‍⚖️ @ THE GUARDIAN: Barrett Nomination Part & Parcel Of GOP Destruction Of American Democracy! 🏴‍☠️ – The Continued Erosion Of The Supremes & The Federal Judiciary Is Destroying Our Nation!👎

Hon. Shira Scheindlin
Hon. Shira A. Scheindlin
Retired US District Judge
Photo: Joel Spector ©2013
Creative Commons License

 

https://www.theguardian.com/commentisfree/2020/sep/29/supreme-court-conservatives-trump-amy-coney-barrett?CMP=Share_iOSApp_Other

 

. . . .

 

This is no longer the case. Public confidence and public perception that the courts are non-partisan has eroded. The Republican boycott of Garland, together with Trump’s unprecedented nomination of Barrett and her likely confirmation, will seal the Republican theft of two supreme court seats, at least in the eyes of more than half the electorate, and will ensure conservative control of the court for decades to come.

If Barrett’s record is any indication, the court will soon turn its back on its most treasured precedents and turn America into a more regressive country. Before joining the bench just three years ago, she served as a law clerk to Scalia, whose judicial philosophy she has fully embraced. She has also been a longtime member of the rightwing Federalist Society.

 

Public confidence and public perception that the courts are non-partisan has eroded

Her short judicial record, together with her scholarly writings, reveal that she is a rock-solid conservative jurist. Like Scalia, she defines herself as an originalist and textualist, which means that the constitution must be viewed as of the time it was written. From that perspective, there is nothing in the constitution that would explicitly support abortion rights, gay marriage, mandatory school desegregation, or the right to suppress evidence that is illegally seized. By contrast, in one of her most famous opinions, United States v Virginia (1996), Ginsburg wrote that “a prime part of the history of our constitution … is the story of the extension of constitutional rights and protections to people once ignored or excluded.”

In a 2013 article, Barrett repeatedly expressed the view that the supreme court had created, through judicial fiat, a framework of abortion on demand that ignited a national controversy. In an opinion she joined with another judge, she expressed doubt that a law preventing parents from terminating a pregnancy because they did not want a child of a particular sex or one with a disability could be unconstitutional. These writings surely indicate that Barrett will do whatever she can to limit or eliminate abortion rights.

Barrett has also expressed dissatisfaction with the Affordable Care Act and support for a broad interpretation of the second amendment. She has writtenthat Chief Justice John Roberts “pushed the Affordable Care Act beyond its plausible meaning”. She also quoted Scalia, when he wrote that “the statute known as Obamacare should be renamed ‘Scotuscare’” in “honor of the court’s willingness to ‘rewrite’ the statute in order to keep it afloat”. There is little doubt that Barrett would be inclined to find the Affordable Care Act unconstitutional and thereby deprive millions of Americans of affordable healthcare coverage. Similarly, she wrote a dissenting opinion questioning the constitutionality of a statute that prohibited ex-felons from purchasing guns. Thus, she has demonstrated her fealty to the NRA position that the more guns the better – inevitably leading to more Americans dying from gun violence.

When addressing the legal doctrine known as stare decisis, meaning respect for precedent, Barrett wrote that she “tend[ed] to agree with those who say that a justice’s duty is to the constitution and that it is thus more legitimate for her to enforce her best understanding of the constitution rather than a precedent she thinks is clearly in conflict with it”. In other words, she would overturn landmark decisions such as Brown v Board of Education or Roe v Wade if those decisions did not reflect her best understanding of the constitution.

Amy Coney Barrett: what will she mean for women’s rights?

 

Read more

Stunningly, in an interview in 2016, when asked whether Congress should confirm Obama’s nominee during an election year, Barrett responded that confirmation should wait until after the election because an immediate replacement would “dramatically flip the balance of power”. Given that answer, she should decline the nomination, as her confirmation would even more dramatically flip the balance of the court, entrenching a 6-3 conservative majority.

Confirming this nominee before the outcome of the national elections – which will determine both the identity of the next president and the composition of a new Senate – is unprecedented, inexcusable and a threat to many rights that the majority of Americans have embraced. This is a tragedy about to happen.

  • Shira A Scheindlin served as a United States district judge for the southern district of New York for 22 years. She is the co-chair of the board of the Lawyers Committee for Civil Rights Under Law and a board member of the American Constitution Society

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

Read the rest of Judge Scheindlin’s article at the link.

 

As I have been saying “Better Judges For A Better America!”  It starts with electing a President who will nominate them and a Senate that will confirm them. That requires “regime change” and defeat of the GOP Anti-Democracy Party at all levels.

 

Dems need to stop sputtering about Barrett, whom they don’t appear able to stop anyway, and get out the vote to insure that she will be the last GOP far right shill on Supremes for many years! Rebuilding and improving American democracy starts NOW, with THIS ELECTION.  As Willie Nelson says: “Vote ‘Em Out, Vote ‘Em Out!”

 

BTW, “Moscow Mitch” and his GOP toadies have plenty of time to race through the Barrett confirmation during an election, but no time to help Americans thrown out of work or losing their health insurance because of the pandemic!🤮⚰️

 

PWS

 

10-01-20

 

😎⚖️👍🇺🇸 GOOD GUYS WIN AGAIN! – Federal Judge Slams Regime’s Absurdist Anti-TPS Interpretation, Reverses Matter of H-G-G-!

 

 

Brittany Bakken, Kelsey Friberg, and I are thrilled to share with you that  Matter of HGG has been reversed.  Of course, the government will appeal.   Nevertheless, a great way to end a Monday.

 

Best regards,

 

 

 

David L. Wilson, Esq.

Managing Attorney

Wilson Law Group

 

Fullo demission here:

HGG – reversed!

_____________________________________________________________________________

Hats off to these fierce “Warriors of The New Due Process Army” 🏆⭐️🥇

David Wilson
David Wilson, Esquire
Managing Attorney
Wilson Law Group, Source: wilsonlg.com

 

Brittany Bakken
Brittany Bakken, Esquire
Senior Attorney
Wilson Law Group
Source: wilsonlg.com
Kelsey Friberg
Kelsey Friberg, Esquire
Associate Attorney
Wilson Law Group
Source: wilsonlg.com

 

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

The case is Hernandez v. Barr, USDC D MN

Not only was the USCIS position a violation of the plain meaning of the statute, as found by Chief Judge Tunheim, it is totally stupid from a policy standpoint! With hundreds of thousands of law-abiding TPS recipients in the U.S., integrated into our society, and contributing to our economy, a rational, non-racist, non-xenophobic Administration would welcome and utilize ways of integrating them into our legal immigration system. Instead, the Trump kakistocracy, wastes time, squanders resources, and violates the law looking for bogus ways to “get to no.” How dumb and counterproductive can it get!

 

Due Process Forever! Kakistocracy never!

 

PWS

 

09-30-20

 

KAKISTOCRACY KORNER🤮👎: “WOLFMAN THE ILLEGAL” CALLED OUT AGAIN – U.S. Judge Stuffs USCIS’s Outrageously Unjustified Fee Increases – Wolfie’s “Illegality” Key To Victory For Good Guys! — ImmigrationProf Blog Reports!

Trump Regime Emoji
Trump Regime, Thieves Thrive on the Public Dole!

 

Tuesday, September 29, 2020

Immigration fee hikes blocked by federal court

By Immigration Prof

 Share

Days before they were to go into effect, a federal court in the Northern District of California issued a national injunction blocking a dramatic fee hike for appliations for naturalized citizenship, permanent residency, asylum, and access to other immigration benefits. The new fees would have made immigration benefits unattainable for many. It would have nearly doubled citizenship from $640 to $1,170; increased lawful permanent residency and related application fees from $1,125 to $2,270; and added a $50 fee for asylum applications (the first time a fee has been assessed for asylum applications). The rule would have also eliminated most fee waivers for immigrants who cannot afford to pay the fees.

 

Judge Jeffrey White ruled that the nonprofit organizations that had challenged the fee increases would be likely to prevail in showing that Wolf’s appointment as Acting Director of the U.S. Department of Homeland Security, without Senate confirmation, violated the rules of succession. As a result, the fees ordered under his stewardship cannot take effect while the litigation progresses. Similar reasoning had been used in a separate lawsuit regarding Ken Cucinelli and his asylum directives.

 

MHC

 

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

MHC = Professor Ming Hsu Chen one of the all-star ⭐️ team of bloggers at ImmigrationProf Blog. Thanks, Professor, for this timely item! These illegal and clearly punitive fee increases were scheduled to into effect at the beginning of October!

Ming Hsu Chen
Ming Hsu Chen
Associate Professor of Law
Colorado Law
Courtesy Appointment in Political Science
Ethnic Studies Faculty Affiliate
Faculty-Director, Immigration and Citizenship Law Program
Photo: ImmmigrationProf/
Col. Law

This is also a great illustration of why, totally contrary to the nonsense GOP party line and folks like GOP-owned Justices Thomas and Gorsuch, the nationwide injunction is an essential tool for achieving justice. According to the GOP’s false dogma, plaintiffs, many pro se, or appearing with pro bono or “low bono” representation, should be required to win their cases before over 650 U.S. District Judges and in 12 Circuits to get effective relief from the Trump regime’s unrelenting war on our Constitution and the rule of law.

 

 

While Trump and his GOP toadies and sycophants spout BS platitudes about “law and order” the truth is simple: This is a party of arrogant, immoral “scofflaws” from top to bottom!

This Fall, vote like your life and our future as a nation depend on it! Because they do! Vote the GOP kakistocracy out at every level! Don’t let their dark & dishonest plans become YOUR future!☠️⚰️

PWS

09-30-20

BILLY APPOINTS MALPHRUS AS ADDITIONAL DEPUTY CHIEF APPELLATE IMMIGRATION JUDGE (“VICE CHAIR”) @ BIA! — Hard Line, Restrictionist, Anti-Asylum, Anti-Due-Process Jurisprudence Rewarded!🏴‍☠️☠️⚰️

Billy Barr Consigliere
Bill Barr Consigliere
Artist: Pat Bagley
Salt Lake Tribune
Reproduced under license
EYORE
“Eyore In Distress”
Once A Symbol of Fairness, Due Process, & Best Practices, Now Gone “Belly Up”

From the EOIR website: 

Garry Malphrus

Deputy Chief Appellate Immigration Judge

Attorney General William P. Barr appointed Garry Malphrus as a deputy chief appellate immigration judge in September 2020. Judge Malphrus earned a Bachelor of Arts in 1989 from the University of South Carolina and a Juris Doctor in 1993 from the University of South Carolina. From August 2008 to September 2020, he served on the Board of Immigration Appeals, Executive Office for Immigration Review, including as acting board chairman from October 2019 to May 2020. From 2005 to 2008, he served as an immigration judge at the Arlington Immigration Court. From 2001 to 2005, he served as associate director of the White House Domestic Policy Council. From 1997 to 2001, he worked for the U.S. Senate Committee on the Judiciary, which included serving as chief counsel and staff director on the Subcommittee on Criminal Justice Oversight and the Subcommittee on the Constitution. From 1995 to 1997, Garry served as a law clerk for the Honorable Dennis W. Shedd, U.S. District Judge for the District of South Carolina. From 1994 to 1995, he was a law clerk for the Honorable William W. Wilkins of the U.S. Court of Appeals for the Fourth Circuit. From 1993 to 1994, he was a law clerk for the Honorable Larry R. Patterson, Circuit Judge for South Carolina. Judge Malphrus is a member of the South Carolina Bar.

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

No surprise here, folks, as Courtside had predicted this back in May: 

https://immigrationcourtside.com/2020/05/22/%f0%9f%91%82%f0%9f%8f%bb%f0%9f%91%80%f0%9f%a4%abeoir-rumor-mill-doj-honcho-x-oiler-david-h-wetmore-reportedly-will-be-tapped-as-new-bia-chair/

This appears to be the “penultimate step” in the ongoing process of “benching” the long-time “holdover” Vice Chair Chuck Adkins-Blanch. First, he was “passed over” when Judge Malphrus became the BIA’s Acting Chair following the hasty departure of former Chair David Neal. Now, Malphrus basically has been “layered in” to be the “real Deputy,” who will faithfully continue to carry out Billy’s nativist political agenda, presumably until Adkins-Blanch reaches retirement and finally pulls the plug.

Needless to say, Judge Adkins-Blanch’s name has been conspicuously absent from the BIA’s most recent barrage of anti-immigrant, anti-asylum “precedents.” That is, of course, the “precedents” that Billy lets the BIA write as opposed to the ones that he and his fellow political hacks at “Main DOJ” issue as “AG precedents.”

More and more, the AG, whom nobody except, perhaps, a few intentionally tone-deaf Circuit Court of Appeals Judges, would mistake for an “expert” in immigration law, has taken over the BIA’s precedent setting function. That leaves the BIA basically to do the “mop-up work” of maximizing the impact of Billy’s anti-immigrant policies and insuring that just and fair results below favoring immigrants are reversed upon demand of  “EOIR’s masters” at DHS Enforcement.

Talk about the need for an Article I Court with a new cast of characters selected on a merit basis for their demonstrated immigration expertise, and established commitment to due process, fundamental fairness, equal justice, human rights, and practical applied scholarship!  That so many Article III judges continue to “go along to get along” with this vile legal charade says some pretty sad things about the overall state of justice and the judiciary in  America!

An Article I Court requires judicial leadership that replaces “built to fail ‘Vatican Style’ (or “Legacy INS Style”) hierarchical bureaucracy” with professional court administration and a much “leaner and flatter” judicial structure. A judicial structure where most resources are devoted to actually fairly and efficiently deciding cases, establishing “best practices,” and leading by example. That would eliminate  the “Mickey Mouse” demeaning “control freak supervision (“suppression”)” of supposedly senior level “judges” who, if properly selected, would need effective support, but little to no “supervision” in the normal bureaucratic sense of the term. 

In the meantime, expect the backlog to grow unabated and the Article IIIs to continue to reverse and return an essentially random selection of the BIA’s reliably “one-sided” jurisprudence for “redos!” That will further increase the backlog without effectively addressing the fundamental problem of an unconstitutional system with a clearly established anti-immigrant political bias!

Just more signs of an American  justice system now in the throes of institutional failure!

Due Process Forever!

PWS

09-29-20

BILLY’S BIA 🏴‍☠️DUMPS ON EXPERT WITNESSES — As Regime’s False Narratives & Bogus Suppression Of Truth About What Happens To Refugees Returned To Unsafe Countries Becomes Obvious, “Upper Star Chamber” Launches Yet Another Assault On Due Process! — Matter of J-G-T-, 28 I&N Dec. 97 (BIA 2020)☠️⚰️

Matter of J-G-T-, 28 I&N Dec. 97 (BIA 2020)

From the EOIR PIO:

The Board of Immigration Appeals has issued a decision in the Matter of J-G-T-, 28 I&N Dec. 97 (BIA 2020)

(1) In assessing whether to admit the testimony of a witness as an expert, an Immigration Judge should consider whether it is sufficiently relevant and reliable for the expert to offer an informed opinion, and if it is admitted, the Immigration Judge should then consider how much weight the testimony should receive.

(2) In considering how much weight to give an expert’s testimony, the Immigration Judge should assess how probative and persuasive the testimony is regarding key issues in dispute for which the testimony is being offered.

PANEL:  MALPHRUS, MULLANE, and CREPPY , Appellate Immigration Judges.

OPINION BY: MALPHRUS, Appellate Immigration Judge

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

In this case, the BIA sent an asylum grant well-supported by expert opinion back to the IJ for no particular reason other than the DHS didn’t like the result. 

The message: The IJ should always look for reasons to disallow, disbelieve, or diminish the weight of the asylum applicant’s persuasive evidence. The IJ should always be looking for “any reason to deny” asylum applications because that’s what Billy wants from his wholly-owned. “judges.”

To quote my friend and Round Table colleague retired IJ Jeffrey S. Chase:  

[The BIA], McHenry, and Barr are engaging in tag-team destruction of asylum.  So this gives the signal to ignore country experts when their opinions support grants of asylum.  Which was stated more explicitly in the proposed 161-page asylum regs.  And then if the IJ relies on the DOS report, the Board or AG will say the quoted passage was too vague and generalized to support a finding of social distinction or nexus.

The good news is that a number of brigades of the NDPA are hard at work on comprehensive alternative expert country reports that are much more accurate and well-documented than current DOS propaganda. A number of Courts of Appeals already have “called out” the BIA for routinely ignoring evidence and expert opinions favorable to asylum applicants. 

I certainly hope they will see through and expose this rather transparent attempt to further “game the system” against asylum applicants. Actually, under the U.N. Handbook asylum seekers are supposed to receive the “benefit of the doubt.” But, not from this scofflaw regime and their toadies masquerading as “judges.”

It’s also worth noting that this case has already been pending for almost a decade. Obviously, time is no object for EOIR when it comes to looking for ways to deny asylum.

PWS

09-28-20

LINKEDIN SAVES LIVES: NDPA Superstar Michelle Mendez Of CLINIC With Some Good News On How Litigation Success Has Saved Lives In The Face Of Regime’s Scurrilous White Nationalist Attack On Asylum Laws! — These Are The True Brilliant Minds & Courageous Heroes Of Our Legal System, Carrying On RBG’s Legacy Of Fighting Tirelessly For Equal Justice!

 

Michelle Mendez
Michelle Mendez
Defending Vulnerable Populations Director
Catholic Legal Immigration Network, Inc. (“CLINIC”)
Aimee Mayer Salins
Aimee Mayer Salins
Staff Attorney
Defending Vulnerable Populations
CLINIC
Source: Linkedin

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

Sorry for the small print. But, well worth the read.

Compare the courage and fidelity to due process, fundamental fairness, equal justice for all, and defense of human dignity demonstrated by brilliant lawyers like Michelle Mendez, Aimee Mayer Salins (former BIA JLC), and the terrific CAIR litigators with the warped right wing, anti-constitutional, anti-humanity jurisprudence of Trump’s Supreme Court choice, Judge Amy Coney Barrett:

Faced with two plausible readings of a law, fact, or precedent, Barrett always seems to choose the harsher, stingier interpretation. Can job applicants sue employers whose policies have a disproportionately deleterious impact on older people? Barrett said no. Should courts halt the deportation of an immigrant who faced torture at home? Barrett said no. Should they protect refugees denied asylum on the basis of xenophobic prejudice? Barrett said no. Should they shield prisoners from unjustified violence by correctional officers? Barrett said no. Should minors be allowed to terminate a pregnancy without telling their parents if a judge has found that they’re mature enough to make the decision? Barrett said no. Should women be permitted to obtain an abortion upon discovering a severe fetal abnormality? Barrett said no.

There is no question that, if confirmed, Barrett would cast the fifth vote to either hollow out Roe v. Wade or overturn it altogether. Similarly, there is no doubt that Barrett would dramatically expand the Second Amendment, invalidating gun control measures around the country. It’s quite possible, perhaps even likely, that within a year of her confirmation, Americans will be forbidden from terminating a pregnancy in 21 states—but permitted to purchase assault weapons and carry firearms in public in every state.

https://immigrationcourtside.com/2020/09/21/insult-to-injury🤮☠%EF%B8%8F👎🏻-trump-to-tap-unqualified-cruel-righty-zealot-to-replace-rbg-one-leading-candidate-the-anti-rbg/

In other words, guns yes; human rights and human dignity, no! Some lawyers spend their lives saving lives and advancing humanity; others spend them pursuing and spreading anti-humanitarian, right wing dogmas. Why are commitments to cruelty, inhumanity, and a fundamentally unjust society things to “tout” in a judicial candidate? You need to look inside the deep perversity of the GOP minority who control our nation and are running it into the ground to get the answer.

There are thousands of progressive lawyers, many of them women and minorities, committed to standing up for equal justice for all who are better qualified than Judge Barrett. There is something wrong with a system that elevates the wrong people to the judiciary and other high offices.

It’s time to establish meritocracy and save our democracy. Vote to throw the GOP out of office and end the selection of far-right judges whose reactionary views and lack of empathy for the most vulnerable in society are far outside both the reality of our diverse nation and our future as a vibrant, progressive democracy that will promote equal justice and human rights at home and abroad!

Keep the future Judge Barretts where they belong — on the sidelines and in the margins of our legal system, while those with a better view of the Constitution, the rule of law, and human progress take their rightful places in positions of power and progressive influence in all there branches of our Government.

Judge Barrett parrots great admiration for RBG while aiming to trash her legacy of fairness and equality with a far-right, exclusive, intolerant agenda. In the future, we need Federal Judges who will constantly confront Judge Barrett, her soon-to-be-fellow GOP Supremes, and other righty judges bent on taking us back to the darkest corners of our past.  Make them face the truly courageous and enlightened legacy of RBG and others like her. Force the “Barretts of the world” to reckon with their own smugly disingenuous jurisprudence and their lack of commmitment to humanity and true equality before the law for all persons in the U.S.! Constantly confront complicit courts for change!

Better judges for a better, fairer America!

This Fall, vote like your life and the future of humanity depend on it! Because they do!

 

PWS

09-27-20