🏴‍☠️☠️🤮⚰️🆘AMERICA’S SHAME — NATIONAL DISGRACE – SYSTEMIC INSTITUTIONAL FAILURE: From Supremes Who Abandoned Their Key Precedent In Cardoza-Fonseca, To A 5th Cir. Court Of Appeals That Shirked Its Duty To Protect Refugees, To A “Don’t Rock The Boat” BIA That Failed To Enforce Uniformity, To Unqualified & Biased Immigration “Judges” Who Created Illegal, “Asylum-Free Zones,” The U.S. Asylum System Was In Deep Trouble Even Before Trump – Under Trump, It Has Become A “Killing Floor” Programmed To Intentionally Deny & Deport Deserving Refugees To Death, Torture, Or Grotesque Mistreatment, As Indolent, Cloistered Article IIIs, Unwilling To Dig In & Stop The Slaughter Look On!

https://www.sandiegouniontribune.com/news/immigration/story/2020-08-23/who-gets-asylum-even-before-trump-system-was-riddled-with-bias-and-disparities

An asylum seeker’s chances at protection hinge on numerous factors that often seem arbitrary — from location to nationality to individual judge assigned — according to a Union-Tribune analysis of immigration court records
By KATE MORRISSEY,
LAURYN SCHROEDER
AUG. 23, 2020
5 AM
For the world’s most vulnerable, protection in the United States has all but disappeared.
Wait times for asylum seekers at the U.S.-Mexico border that already seemed indefinite now seem impossible. Families struggle to find food and shelter to outlast a pandemic order with no end date.
Those who cross north are sent back to Mexico in a matter of hours — or even put onto planes back to the countries from which they fled — without any opportunity to explain why they came.
In its response to COVID-19, the Trump administration achieved what it long sought, a shutdown of the U.S. asylum system. And with new regulations introduced this summer, the administration has moved to squeeze out any real chance at refuge in case the pandemic order is lifted.
But even before the current president began his campaign against asylum in the United States, people often struggled to win protection — no matter how strong their cases appeared to be.
In its 40-year history, the system has chronically fallen short of its promise of safety.
RETURNED: PART II
The second in an occasional series in which the Union-Tribune explores the asylum system through the eyes of people who experience it firsthand, with drastically different outcomes.
The Trump administration has used statistics about grant rates to justify closing off access to asylum, saying that those who lose their cases are illegitimate asylum seekers.
The facts show a different story: Thousands of people turned away based not on the merits of their cases, but on the capriciousness of a system so riven with inequity that many outcomes seem little more than arbitrary.
A San Diego Union-Tribune analysis of 10 years of court outcomes uncovered many symptoms of the system’s biases — shortcomings that date to the system’s creation.
. . . .

 

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Read the rest of this eye-opening (for those not familiar with this broken, biased, and beyond dysfunctional system) article at the above link.

There can be no excuse for the “horror chamber” that this already broken, battered, and unfair system has devolved into. It will take genuine changes in expertise, attitude, courage, and intellectual integrity across all three branches of Government to get this system functioning in a fair, legal, and constitutional manner consistent with due process and our international obligations.
It also will require much better, more educated, more courageous, more practical, and more intellectually honest judges from the Immigration Courts (which must become independent from the Executive) all the way up to and including the Supremes.

Better judges for a better America! Life tenure means it won’t happen overnight. But, the process needs to begin now for our nation to survive and prosper!

We can’t achieve equal justice for all with so many judges who don’t believe in it, don’t have expertise in and a commitment to human rights, and don’t have the guts to stand up for the legal, constitutional, and human rights of all individuals coming before our justice system. That specifically includes the “most vulnerable among us” – asylum seekers and other of our fellow humans whose humanity and right to live seem to fall below the “radar screen” of the current Supremes’ majority!

Due Process Forever! “Dred Scottification” and complicity, never!

PWS
08-24-20

🖕 BIRDLAND: Wolfman, USCIS “Flip Off” Supremes, Federal Courts, With A “Dumbed Down” Version Of DACA Resumption! 

 

Here’s the USCIS Directive:

From: U.S. Citizenship and Immigration Services [mailto:uscis@public.govdelivery.com]
Sent: Monday, August 24, 2020 8:19 AM
To: Dan Kowalski
Subject: USCIS Implements DHS Guidance on DACA

 

U.S. Citizenship and Immigration Services today provided guidance on how it will implement Acting Secretary of Homeland Security Chad Wolf’s July 28 memorandum regarding the Deferred Action for Childhood Arrivals (DACA) policy.

Under USCIS’ implementing guidance, we will reject all initial DACA requests from aliens who have never previously received DACA and return all fees. The rejections will be without prejudice, meaning aliens will be able to reapply should USCIS begin accepting new requests in the future from aliens who never before received DACA. USCIS will continue to accept requests from aliens who had been granted DACA at any time in the past and will also accept requests for advance parole that are properly submitted to the address specified on the Direct Filing Addresses for Form I-131 webpage.

For approvable DACA renewal requests, USCIS will limit grants of deferred action and employment authorization under DACA to no more than one year, but will not rescind any currently valid two-year grants of DACA or associated employment authorization documents (EADs), unless USCIS terminates an alien’s DACA for failure to continue to meet the DACA criteria (see 2012 Memorandum), including failure to warrant a favorable exercise of prosecutorial discretion. USCIS will replace two-year EADs that are lost, stolen or damaged with the same facial two-year validity period assuming the EAD replacement application is otherwise approvable.

USCIS will generally reject requests received more than 150 days before the current grant of DACA expires. DACA recipients should file their renewal request between 150 and 120 days before their current grant of DACA expires.

USCIS will only grant advance parole for travel outside the United States to DACA recipients pursuant to the new guidance, which provides for a determination that parole of the alien is for urgent humanitarian reasons or significant public benefit in keeping with the governing statute. The agency will not rescind any previously granted advance parole documents unless there is another legal reason to do so. However, as has always been the case, parole into the United States is not guaranteed. In all cases, aliens are still subject to immigration inspection at a port-of-entry to determine whether they are eligible to come into the United States.

The determination whether to grant advance parole to an alien is entirely within the discretion of USCIS and must be made on a case-by-case basis. USCIS will review all the factors presented in individual cases before determining whether to approve advance parole for a DACA recipient based on the new guidance. Some examples of circumstances that may warrant approval include, but are not limited to, situations such as:

  • Travel to support the national security interests of the United States;
  • Travel to support U.S. federal law enforcement interests;
  • Travel to obtain life-sustaining medical treatment that is not otherwise available to the alien in the United States; or
  • Travel needed to support the immediate safety, wellbeing or care of an immediate relative, particularly minor children of the alien.

Even if a requestor establishes that their situation meets one of the examples above, USCIS may still deny the request for advance parole in discretion under the totality of the circumstances.

CAUTION: If you travel outside the United States on or after Aug. 15, 2012, without first receiving advance parole, your departure automatically terminates your deferred action under DACA.

Please do not reply to this message.  See our Contact Us page for phone numbers and e-mail addresses.

Notably, the plaintiffs have already filed a contempt motion in the DACA litigation: https://www.lexisnexis.com/legalnewsroom/immigration/b/outsidenews/posts/daca-advocates-file-contempt-motion-against-dhs

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The actions of Wolfman, his cronies, and the Government lawyers who carry their water are obviously those of lawless individuals who neither fear nor expect accountability. And, why should they? 

After more than three years of unrelenting corruption, bad faith, lies, misrepresentations, and overt illegal and unconstitutional actions motivated by racism and xenophobia, just what “consequences” have Administration officials carrying out the Trump/Miller program of “nullification” and “institutionalized racism” suffered? Not many, that I can see, beyond an inordinate number of lower Federal Court defeats that they ignore or avoid in bad faith. Occasionally, certainly nowhere close to as often as they deserve, the regime receives a relatively mild rebuke from the Supremes. But, for the most part, the resulting orders are largely toothless and merely suggest ways in which they can be avoided or “worked around” without consequences.

We’ll see if this time is different. But, I wouldn’t count on it!

PWS

08-24-20

🏴‍☠️DONALD TRUMP: FAILED FASCIST!  — But, Fascism Doesn’t Doesn’t Have To Be “Successful” On Some “Academic Scale” To Threaten The Downfall Of Our Democracy! — We Ignore Trump’s Fascism At Our Peril!

 

https://www.washingtonpost.com/outlook/how-fascist-is-president-trump-theres-still-a-formula-for-that/2020/08/21/aa023aca-e2fc-11ea-b69b-64f7b0477ed4_story.html

By John McNeill in WashPost Outlook:

. . . .

So where does Trump’s administration stand as he is nominated for a second term? He earned 47 of a possible 76 Benitos, or 62 percent. He remains the greatest threat to American democracy since the Civil War, but his exercise of power only partly resembles that of real fascists. He still faces checks and balances in Washington. He hasn’t shut down rival parties or uncompliant media.

He has not directed the armed might of the state against citizens on anything like the scale used by Mussolini, let alone Hitler. He does not have his own obedient “squadristi” eager to beat up foes, even if plenty of his followers advocate (and sometimes indulge in) violence against minorities and Trump’s opponents. He has not arranged the murder of prominent political opponents. The cult of violence is integral to fascism but far less central to Trump. He is not ruling like a genuine fascist.

But he has shown pronounced fascistic leanings. In the right circumstances — a crisis he could manage triumphantly, a more sympathetic military — perhaps he would try to extend his rule beyond whatever the voters allow him and convert the United States into a repressive, racist dictatorship. Or perhaps stage phony elections that hand the reins to Ivanka and Jared. At least a few members of Congress would probably support him, just as many parliamentarians voted to give Mussolini and Hitler emergency powers. Those lawmakers did not know at the time just where fascism might lead. We have a clearer idea.

John McNeill is a professor of history at Georgetown University.

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

Read the complete op-ed at the above link.

I get that Trump’s maliciousness is somewhat tempered by his overall incompetence. 

But, with due respect to Professor McNeill, I think he presents a “upper class intellectual” view of Trump’s vileness and danger on the “fascism scale.” His pre-existing privilege have largely shielded him, and likely his family and most of his associates, from the true effects of Trump’s White Nationalist fascism. 

However, I think that African Americans who have had family members and friends killed or seriously harmed by police, only to be mocked, threatened, and disenfranchised by the Prez; children and families separated forever; kids and asylum applicants jailed in life-threatening conditions; refugees and other family members stranded forever abroad; lawyers and advocates who risk their health and safety every day to defend the most vulnerable among us; the ghosts of those who have died of COVID-19 in detention; those with family members needlessly lost to COVID-19; ethnic communities who have been terrorized by DHS and who have seen a sharply diminished ability to seek protection from crimes; Asian Americans who have victimized by hate crimes; those who have lost health insurance coverage, jobs, and shelter; Muslims scapegoated for others’ crimes; transgender youth driven to depression and suicide by government endorsed harassment and denial of basic human rights; and a host of others living below McNeill’s radar screen might disagree with his “failed” analysis.

Also, like many academics and intellectuals shielded by the Ivory Tower, McNeill vastly overestimates the effect of “checks and balances.” In fact, Trump has been able to rule lawlessly, if incompetently, without meaningful participation of Congress and with little effective pushback from the Federal Courts. 

He’s made mincemeat of the few in the Executive Branch with the guts and integrity to oppose him, without engendering meaningful and anything approaching effective reactions from the other two Branches. His own party has publicly and fully turned against American democracy and the rights, well being, and humanity of the rest (e.g., the majority) of us. That’s pretty effective fascism in my book, even considering the less than competent implementation.

It’s a mark of just how ineffectual our system of “checks and balances” has been that we are, as a nation, without a functioning immigration system; without functioning Immigration Courts; without a national plan or rational response to a dangerous pandemic; without a plan to protect our precious franchise or to insure safe, free, and fair elections this fall; with a failing postal system that has been politicized; without a plan to address the threat of global warning and, indeed, doing everything in our power to make it worse!

This is not “failed fascism!” Rather it is a fascist state run by malicious incompetents and headed by a  leader without the attention span, intellectual capacity, or ability to fully develop any intellectual doctrine and implement its full range of destruction. But, that only slightly diminishes his danger to our body politic!

That Trump dares to put forth outrageous ideas like not leaving office following defeat, barring U.S. citizens from re-entering their country, sending police to polling stations, and questioning the citizenship of  Kamala Harris shows just how feckless our democratic institutions have been in the face of tyranny and how misguided it is to understate Trump’s fascism.

With his overtly outrageous program of “Dred Scottification” of “the other” — largely and embarrassingly embraced by a Supremes’ majority — Trump has moved our nation as far away from “equal justice for all” as we have been in the supposed “post-Jim-Crow” era!

To rely on the “beneficial effects” of incompetence on malicious would-be fascism is a fool’s errand that could cost us dearly. Indeed, until it was too late, the leaders of Western Democracies rather consistently overplayed the cartoonish characteristics of Hitler’s and Mussolini’s “pseudo-super-macho” personalities and underplayed the potential destructive capacity of their fascism, whether “failed” or not. The threat is real and this is likely to be our last clear chance as a nation to save our democracy!

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

PWS

08-24-20

JULIA AINSLEY & JACOB SOBOROFF @ NBC NEWS REPORT ON WHITE NATIONALIST WHITE HOUSE: Neo-Nazi Stephen Miller & Cabinet Racists Voted To Abuse Brown Children: “If we don’t enforce this, it is the end of our country as we know it,” Said The New American Gruppenfuhrer!” — “Any moral argument regarding immigration ‘fell on deaf ears’ inside the White House, said one of the officials.”

Julia Edwards Ainsley
Julia Edwards Ainsley
NBC News Correspondent
Jacob Soboroff
Jacob Soboroff
Correspondent
NBC News

https://apple.news/AZFgY4X7BQsaKSITqteCbIg

Trump cabinet officials voted in 2018 White House meeting to separate migrant children, say officials

“If we don’t enforce this, it is the end of our country as we know it,” said Trump adviser Stephen Miller, say officials present at a White House meeting.

by Julia Ainsley and Jacob Soboroff | NBC NEWS

WASHINGTON — In early May 2018, after weeks of phone calls and private meetings, 11 of the president’s most senior advisers were called to the White House Situation Room where they were asked, by a show-of-hands vote, to decide the fate of thousands of migrant parents and their children, according to two officials who were there.

Trump’s senior adviser, Stephen Miller, led the meeting and, according to the two officials, he was angry at what he saw as defiance by Department of Homeland Security Secretary Kirstjen Nielsen.

It had been nearly a month since then-Attorney General Jeff Sessions had launched the Trump administration’s “zero tolerance” policy, announcing that every immigrant who crossed the U.S. border illegally would be prosecuted, including parents with small children. But so far, U.S. border agents had not begun separating parents from their children to put the plan into action, and Miller, the architect of the Trump administration’s crackdown on undocumented immigrants, was furious about the delay.

Those invited included Sessions, Nielsen, Health and Human Services Secretary Alex Azar and newly installed Secretary of State Mike Pompeo, according to documents obtained by NBC News.

Nielsen told those at the meeting that there were simply not enough resources at DHS, nor at the other agencies that would be involved, to be able to separate parents, prosecute them for crossing the border and return them to their children in a timely manner, according to the two officials who were present. Without a swift process, the children would enter into the custody of Health and Human Services, which was already operating at near capacity.

Two officials involved in the planning of zero tolerance said the Justice Department acknowledged on multiple occasions that U.S. attorneys would not be able to prosecute all parents expeditiously, so sending children to HHS was the most likely outcome.

As Nielsen had said repeatedly to other officials in the weeks leading up to the meeting, according to two former officials, the process could get messy and children could get lost in an already clogged system.

Miller saw the separation of families not as an unfortunate byproduct, but as a tool to deter more immigration. According to three former officials, he had devised plans that would have separated even more children. Miller, with the support of Sessions, advocated for separating all immigrant families, even those going through civil court proceedings, the former officials said.

While “zero tolerance” ultimately separated nearly 3,000 children from their parents, what Miller proposed would have separated an additional 25,000, including those who legally presented themselves at a port of entry seeking asylum, according to Customs and Border Protection data from May and June 2018.

That plan never came to fruition, in large part because DHS officials had argued it would grind the immigration process to a halt. But after Sessions’ announcement that all families entering illegally would be prosecuted, the onus had fallen on DHS to act.

At the meeting, Miller accused anyone opposing zero tolerance of being a lawbreaker and un-American, according to the two officials present.

“If we don’t enforce this, it is the end of our country as we know it,” said Miller, according to the two officials. It was not unusual for Miller to make claims like this, but this time he was adamant that the policy move forward, regardless of arguments about resources and logistics.

No one in the meeting made the case that separating families would be inhumane or immoral, the officials said. Any moral argument regarding immigration “fell on deaf ears” inside the White House, said one of the officials.

“Miller was tired of hearing about logistical problems,” said one of the officials. “It was just, ‘Let’s move forward and staff will figure this out.'”

Frustrated, Miller accused Nielsen of stalling and then demanded a show of hands. Who was in favor of moving forward, he asked?

A sea of hands went up. Nielsen kept hers down. It was clear she had been outvoted, according to the officials.

In the days immediately following the meeting, Nielsen had a conversation with then-CBP Commissioner Kevin McAleenan inside her office at the Ronald Reagan Building, and then signed a memo instructing DHS personnel to prosecute all migrants crossing the border illegally, including parents arriving with their children.

. . . .

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Read the rest of the report, detailing the full extent of this outrageous, illegal, and immoral conduct by corrupt high-level officials of our Government, at the link. This is what your tax dollars have been used for, while legitimate needs like coronavirus testing, disaster relief (see, Iowa), mail delivery, naturalization services, unemployment relief, etc., go unmet!

So, separated families and children continue to suffer, much of the harm and trauma irreparable and life-defining. This “policy” was so clearly illegal and unconstitutional that DOJ attorneys conceded its unconstitutionality in Federal Court. 

However, in an ethics-free DOJ, those same lawyers falsely claimed that there was no such policy. Rudimentary “due diligence” on their part, required by professional ethics, would have revealed that their representations on behalf of corrupt institutional “clients” were false.

The article also confirms the complicity of Kevin “Big Mac  With Lies” McAleenan in gross, intentional human rights violations. Courtside exposed “Big Mac” long ago! 

While the victims continue to suffer, Miller, Sessions, Nielsen, Big Mac, and other cowards who planned and carried out these “crimes against humanity,” directed at some of the most vulnerable humans in the world, remain at large. Some, like Miller, actually remain on the “public dole.” Likely, so do the DOJ lawyers who unprofessionally defended and helped obscure this misconduct in Federal Court.

It’s also worth examining the role of U.S. Magistrate Judges and U.S. District Judges along the southern border, most of whom turned a blind eye to the transparent racial and political motives, not to mention the grotesque misallocation of public resources, driving Sessions’s “zero tolerance” misdirection of scarce prosecutorial resources from serious felonies to minor immigration prosecutions. 

As I’ve been saying, “Better Federal Judges for a better America!” And, better Federal Judges start with removal of the Trump regime as well as the ousting of “Moscow Mitch” and the GOP from Senate control. 

Will there ever be accountability? Our national soul and future might depend on the answer!

Had enough wanton cruelty, neo-Nazism, corruption, illegality, immorality, cowardice, lies, false narratives, racism, stupidity, and squandering of tax dollars on nativist schemes and gimmicks? Get motivated and take action to get our nation back on track to being that “City upon a Hill” that the rest of the world used to admire and respect!

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

PWS

08-21-20

CHANNELING COURTSIDE: Billy The Bigot’s Bias, Lies, & Absurdist “Legal Arguments” Have Tanked The DOJ’s Credibility With U.S. Courts – “The problem with bypassing professionals and norms is that the decisions you make instead are often transparently foolish, or appear rigged to achieve an unprincipled or corrupt result,” says WashPost Op-Ed – So, Why Does Billy B Still Have A Law License? 

https://www.washingtonpost.com/opinions/2020/08/18/justice-departments-extreme-legal-arguments-are-costing-it-court/

 

Opinion by

George T. Conway III and

Lawrence S. Robbins

August 18, 2020 at 5:12 p.m. EDT

Lawrence S. Robbins is an appellate and trial lawyer at Robbins Russell. George T. Conway III is a lawyer and an adviser to the Lincoln Project, an anti-Trump super PAC. The writers both submitted friend-of-the-court briefs opposing the government’s motion in the Flynn case.

If there’s one thing you can say about President Trump and his administration, it’s that nothing is regular except the irregular, which has had myriad damaging consequences for the nation. And it’s had particularly adverse consequences for the federal government’s ability to defend itself in court.

The latest example comes in the criminal case against Trump’s first, short-tenured national security adviser, Michael Flynn. He pleaded guilty — not once but twice — to charges that he had lied to FBI agents during an interview about his conversations with senior Russian officials during the presidential transition. Despite Flynn’s admissions of guilt, Attorney General William P. Barr filed a motion asking that the case be dismissed — and supporting Flynn’s effort to have that done without even a hearing before the district judge.

Flynn won before an appeals court panel. But when the full court of appeals heard arguments on Flynn’s petition, the judges couldn’t have seemed more bewildered at the Trump administration’s position. The government argued that the district judge couldn’t inquire into the government’s reasons for seeking dismissal even if he’d seen the prosecutor take a bribe, in open court, in exchange for dismissing the case.

The Trump administration has been saying things like that a lot lately — trying to stretch the law in ways that undermine its remaining credibility. It argued that a sitting president’s accountants and bankers can’t be subpoenaed for his personal records during his term in office by either a state grand jury or, without meeting an impossibly high burden, by Congress. It argued that the president’s close aides can’t be called to testify before a congressional committee investigating presidential misconduct. The least trustworthy administration in decades, if not ever, keeps arguing: “You’ve just got to trust us.”

Lawyers have a phrase for the government’s saying “Trust us.” It’s called the “presumption of regularity.” The presumption of regularity means that courts should presume that government officials acted through a “regular” process: that it carefully vetted its policy and scrupulously examined relevant legal precedents.

 

But, as its name suggests, the presumption of regularity rests on the premise that the government is functioning in a regular way. And the Trump administration is anything but regular. Following the cues of a chief executive who despises what he calls the “deep state,” administration officials have cut corners, displaced career professionals, exiled dissenters and abandoned institutional norms — in short, circumvented the very processes that justify the presumption of regularity in the first place.

 

The chickens have now come home to roost. Whether they say so explicitly or not, courts have been dispensing with the presumption of regularity. The best example: In the litigation over the 2020 Census, the Supreme Court held that Commerce Secretary Wilbur Ross’s decision to add a citizenship question to the census form was arbitrary and capricious. The reason? “Altogether,” Chief Justice John G. Roberts Jr. wrote, “the evidence does not match the explanation the secretary gave for his decision.” That’s just a polite lawyer’s way of saying Ross lied.

Examples of the administration’s disrespect for regularity are legion, and not just confined to litigated matters. Barr has acted as a virtual one-man band of irregularity: He forced the U.S. attorney in Washington, Jessie K. Liu, out of her job, thereby enabling him to countermand former special counsel Robert S. Mueller III’s sentencing recommendation for Roger Stone. And Barr gave a transparently false account of the Mueller report in the week before it was released to the public.

 

. . . .

 

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

Read the rest of the op-ed at the above link.

Perhaps the most disturbing thing is that Billy the Bigot actually “runs” a so-called “court system” — the U.S. Immigration Court — that has life or death authority over some of the most vulnerable individuals in our society, indeed in the world! How this stunning violation of both the Fifth Amendment and fundamental human decency (not to mention basic principles of competent management and good governance) continues to grind humanity into a grisly mess 🤮 of human misery ☠️ in plain sight every day is beyond me!

Almost everything in this “spot on” op-ed echoes “Courtside.” I have consistently criticized the irresponsibility and the gross dereliction of Constitutional duty by a Supremes majority that all too often treats Trump’s patently false, racist, xenophobic, and invidious immigration, refugee, and asylum policies as the actions of a “normal Executive” when Trump is nothing of the sort.

Nor does he even claim to be! He ran on overtly racist and hate-driven policies and has promoted racist tropes and lies about immigrants at every turn. Yet, the Supremes often pretend that there is some “legitimate basis” for clearly illegitimate policies and abrogation of important laws without the involvement of Congress and of Constitutional protections without any reasonable, fact-based justification.

If the “chickens have come home to roost” for the corrupt Trump DOJ, so will they eventually come home to roost for Supremes who have disingenuously and intentionally looked the other way and have enabled, or in some cases even encouraged, Trump’s racist and lie-driven dismantling of American democracy and “Dred Scottification” of “the other.” Life tenure protects the jobs of derelict Federal Judges. But, it won’t protect their reputations from the truth of history.

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

PWS

08-19-20

‍‍‍🏴‍☠️☠️⚰️🤮KAKISTOCRACY WATCH: BIA Continues To Get Pummeled For Absurdist Anti-Asylum “Jurisprudence” – Are The Article IIIs Finally Catching On? – If So, Why Does The BIA Still Exist? – Jeffrey S. Chase Analyzes Latest BIA Debacle From the 9th Cir. — Akosung v. Barr

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

https://www.jeffreyschase.com/blog/2020/8/16/9th-cir-to-bia-hiding-in-fear-is-not-reasonable-relocation

JEFFREY S. CHASE | OPINIONS/ANALYSIS ON IMMIGRATION LAW
9th Cir. to BIA: Hiding in Fear is Not Reasonable Relocation
In, Akosung v. Barr a young woman from Cameroon had been sentenced against her will to marry the village chieftain, or Fon, in order to settle a family debt. Not wishing to suffer this fate, she first hid locally. After her family’s assets and funds were seized, their crops were destroyed, and they were barred from attending social activities as punishment, she fled town.
Akosung remained a fugitive in Cameroon for over a year. A relative who harbored her in another city for most of that time asked her to leave out of fear of repercussions. After relocating again, she barely evaded capture. The police declined to get involved. Akosung eventually managed to cross into Nigeria, and from there, made her way to the U.S.
After an Immigration Judge denied asylum, the BIA dismissed Akosung’s appeal on two grounds. First, the Board determined that she had not shown harm on account of her membership in a particular social group consisting of “women resistant to forced marriage proposals.” More surprisingly, the Board concluded that, in spite of the above tale of near capture and narrow escape, Akosung could somehow safely relocate to another part of Cameroon.
Asylum will be denied to one who could reasonably relocate within their country. Where a dispute is so localized that it can be ended with a move to the next street, neighborhood, or town, the law sees no reason for international intervention.
However, federal regulations that are binding on immigration judges, asylum officers, and the BIA, recognize the complexity of determining whether such relocation, if possible, would be considered reasonable. Per the regulation:
(3) Reasonableness of internal relocation. For purposes of determinations under paragraphs (b)(1)(i), (b)(1)(ii), and (b)(2) of this section, adjudicators should consider, but are not limited to considering, whether the applicant would face other serious harm in the place of suggested relocation; any ongoing civil strife within the country; administrative, economic, or judicial infrastructure; geographical limitations; and social and cultural constraints, such as age, gender, health, and social and familial ties. Those factors may, or may not, be relevant, depending on all the circumstances of the case, and are not necessarily determinative of whether it would be reasonable for the applicant to relocate.
That’s quite a lot to consider. And in saying that the listed factors may or may not be relevant or determinative, the judge or asylum officer is being told to dive in deep in analyzing what factors exist, and how much they should matter.
Furthermore, the regulations state that where the persecutor is the government, or where the applicant has already suffered persecution, there is a legal presumption that such internal relocation is not reasonable. It’s not clear from the decision whether the issue was considered, but as the facts state that the applicant’s town was ruled by a council, that it was said council that ordered her marriage to the Fon, and that the police ceded jurisdiction over the matter to the council, a strong argument seems to exist that the persecutor in this case is the government.
Not surprisingly, such a detailed, in depth, thoughtful analysis that cedes so much authority to the immigration judge runs contrary to EOIR Director James McHenry’s goal of assembly line, rubber stamp adjudication. Of course, his agency’s recently proposed regulations aimed at destroying asylum directly attack this rule, and seek to replace it with a much simpler one in which the judges would draw a negative inference from the fact that the asylum seeker had managed to reach the U.S. It’s not clear why reaching the U.S. to seek asylum would demonstrate the reasonableness of remaining in the country in which one is being targeted. Perhaps McHenry seeks to imbue an entirely new meaning to the lyric from Frank Sinatra’s ode to my hometown: “If I can make it there, I’ll make it anywhere?”
In Akosung, the Board treated the regulation as if McHenry’s changes were already in effect. It simply saw that it could easily rubber-stamp the IJ’s denial by checking the “internal relocation” box, and certainly did not bother to undertake the analysis that the actual binding regulation requires.
Fortunately, the Ninth Circuit called foul. Noting that the regulation requires a conclusion that, after considering all of the listed factors, it would be reasonable to expect the applicant to relocate, the court noted that “it hardly seems ‘reasonable to expect’ one facing persecution or torture to become a fugitive and live in hiding.”
The court added some additional statements of the obvious: first, that “‘relocate’ most naturally refers to resettlement or a change of residence, not the unstable situation of one who must always be ready to flee.” And also: “living in hiding does little to establish that a person is able to “avoid future persecution.” To the contrary, it establishes the opposite; hence, the hiding.
The Ninth Circuit also found error in the Board’s social distinction determination. The Board upheld the immigration judge’s questioning of “how anyone in society” would be able to recognize someone “as an individual who has declined a marriage proposal from a fon.”
The court first noted that the statement seemed to erroneously apply the “optical visibility” approach to social distinction (i.e. that the group member should be recognizable on sight to members of society), an approach the Board disavowed in Matter of M-E-V-G-. But the court added that even if the Board here meant that society in Cameroon would not recognize the group as distinct, Akosung’s experience, and that of another woman who she described as being successfully hunted down after also attempting to evade marriage to the Fon, demonstrate otherwise.
The court then quoted Matter of M-E-V-G- as requiring the group to be viewed as distinct “within the society in question,” adding that “the Board should have taken that into account.”
The court did not discuss further how “the society in question” should be defined. And the court’s citation was to page 237 of M-E-V-G-. But as I have noted when lecturing on the topic, the Board on page 243 of the same decision clarified that “persecution limited to a remote region of a country may invite an inquiry into a more limited subset of the country’s society, such as in Matter of Kasinga…where we considered a particular social group within a tribe.”
Later, on page 246 of M-E-V-G-, the Board stated that in Matter of Kasinga, “people in the Tchamba-Kunsuntu tribe” would view members of the particular social group in that case to be “a discrete and distinct group that was set apart in a meaningful and significant way from the rest of society.” The Board then stated its conclusion that the social group in Kasinga “was perceived as socially distinct within the society in question.”
Attorneys should cite to Akosung (along with M-E-V-G-) in arguing that the “society in question” to be considered for social distinction purposes is the society their clients inhabit.
Copyright 2020, Jeffrey S. Chase. All rights reserved. Reprinted With Permission.

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Wow! Talk about absurdly unfair and totally biased!

For a “real judge” who is committed to due process and understands asylum law, this should have been a 30-minute hearing resulting in a grant of asylum! Instead two levels of EOIR “judges” got this grotesquely wrong in an attempt to deny asylum and return a refugee to harm or death when she clearly is entitled to protection. Because, that’s what their political “handlers” at DOJ and its wholly owned subsidiary EOIR want from their weaponized parody of a “court system.”

These aren’t “legal errors” or “legitimate differences of opinion.” No, they are evidence of “malicious incompetence” – deep intellectual dishonesty and corruption on the part of a fraudulent “tribunals” that under this regime have ceased to serve any legitimate function.

And, that also doesn’t say much good about Article III Courts who see these clear errors time and again, recognize them, yet fail to take the strong, systemic corrective action necessary to stop the BIA’s gross abuses of our legal system and humanity and to hold Billy the Bigot and his subordinate toadies accountable for their misfeasance! That’s a denial of due process by the Article IIIs; it means that only those with the wherewithal to get good representation and pursue appeals beyond EOIR can get anything resembling “justice.” I call that dereliction of duty by the Article IIIs!

Think about this! If folks don’t immediately leave after suffering persecution, then corrupt EOIR adjudicators will sometimes find them not to be in “real danger” or use it as specious “evidence” that the claim isn’t “credible.” But, if they do leave, then that nonsensically shows they could somehow “relocate.”

So in typical EOIR Kangaroo Court fashion, the refugee loses no matter what the facts! I guess that reinforces the “don’t come because we won’t protect you no matter” message that the “New EOIR” is there to deliver! The real issue, however, is why EOIR is still in existence and threatening both our legal system and those seeking justice in America?

Systemic racial injustice in America is no mystery! It’s fueled by Article III Courts that fail to intervene to stop the Trump regime’s racist assault on migrants of all types! Trump, Stephen Miller, “Wolfman” (actually illegally serving at DHS) make no secret of their racist agenda. But, life-tenured Article III Justices and Judges literally keep letting them get away with murder!

Due Process Forever! EOIR’s corrupt “Kangaroo Courts,” never!

PWS

08-17-20

🏴‍☠️☠️🤮⚰️DEADLY GULAG: CMS Reports Continue To Document What We Already Know: The Trump Regime’s “New American Gulag” Needlessly Kills Migrants While Endangering Public Health & Wasting Lots Of Taxpayer Funding!

Donald M. Kerwin
Donald M. Kerwin
Executive Director
Center for Migration Studies

Dear Colleagues,

Over the last few months, the Center for Migration Studies (CMS) has been trying to err on the side of pushing out work in progress, rather than waiting to publish polished and complete work. Some of our work in progress can be found on our web-page devoted to migration-related,

COVID-19 issues.https://cmsny.org/cms-initiatives/migration-covid/. We have also been regularly updating a “compendium” of US detention developments. The latest and final version of that working “report” can be found here:

https://cmsny.org/publications/immigrant-detention-covid/ . The short report is about how the well-documented problems in the US immigrant detention system, combined with the callous, politically-driven policies of the Trump administration, have predictably facilitated the spread of COVID-19 inside and beyond the US immigrant detention system. Since we finished this version of the report on August 3, at least two more detainees have died from COVID-19-related “complications” and, no doubt, more will follow and ICE will continue to promise full, agency-wide investigation of these deaths:

https://www.aila.org/infonet/deaths-at-adult-detention-centers. We will be broadly disseminating this report and an upcoming exhaustive report on immigrant essential workers. However, please help us to distribute this detention report to others. We hope it will be a useful resource.

Best wishes and thanks,

Don Kerwin

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

Thanks, Don!

Get the CMS reports at the above links! 

They should be helpful evidence in litigating to put an end to this disgracefully unconstitutional and inhuman system. To paraphrase my friend and colleague Professor Phil Schrag of Georgetown Law, author of Baby Jails, in America we treat refugee children worse than convicted felons!

To once again state the obvious, the outrageous amount of money we waste on unnecessary and illegal DHS “civil” detention in the Gulag could be “repurposed” to more constructive uses like funding legal representation, resettling asylees, and transitioning to an independent Article I Immigration Court. America’s health and welfare, as well as our national moral standing, would be vastly improved.

PWS

08-13-20

LIFESAVING 101 FOR THE NDPA BEGINS WITH PRO BONO! – Never Has The Need Been Greater – Pro Bono’s Finest Hour In America’s Time Of Darkness, Cruelty, & Inhumanity! – From “The Asylumist” Jason Dzubow!

Jason Dzubow
Jason Dzubow
The Asylumist

Here’s the link:

https://www.asylumist.com/2020/08/11/asylum-seekers-need-pro-bono-lawyers-now-more-than-ever/

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

Yes, never has pro bono been more important than it is now!

This is a regime of White Nationalist cowards. Part of their strategy for “Dred Scottification” and dehumanization of “the other” is to pick on asylum seekers and immigrants first, because they are the “easy marks” often stuck in a system they have no realistic chance of navigating with no representation. Then extend the “dehumanization” and abrogation of due process and equal protection to other categories of “the other:” Hispanics, Blacks, LGBTQ, women, Muslims, Asians, etc. until basically only GOP White Christian straight males and their “female fellow travelers” have any individual rights that will be protected by the Federal Courts.

Think we’re not moving in that direction? Check out Roberts’s “head in the sand” claim that picking on Dreamers had nothing to do with racism directed at Hispanics. Or the Supremes’ majority’s totally dishonest approach to voting rights of people of color: “Yes, we see the GOP ‘fix is on’ to disenfranchise you. But, we’re only the Supremes, so we aren’t going to do anything to protect your Constitutional right to vote. You’ll have to solve it politically at the same time you are being disenfranchised by a minority of white GOP politicos and GOP voters with our help. We help the ‘perps in power,’ not their ‘victims of color.’”

So totally emboldened is Trump by the Supremes’ complicity in racism that he is hatching plans to bar U.S. citizens and LPRs from entering over the Southern Border if they are “suspected of having COVID” while he lets COVID run wild in the U.S. and actively undermines science and rational attempts to control the pandemic. Want to bet on how many of those USCs and LPRs barred at the border will be White and how many will be Hispanic Americans? But, Roberts will “just say OK” because “lots of Hispanic Americans come over the Southern Border.”

Roberts once got all huffy and self-righteous when dissenting colleagues correctly  accused him of reviving discredited precedents that supported internment of Japanese Americans. He even went through the motions of supposedly overruling that leading case. But, then he basically followed its racist and invidious doctrines by essentially substituting Muslims, Hispanics, asylum seekers, refugees, and immigrants for Japanese Americans. Dehumanization is alive and well at the Supremes today. The targets might change; but the ugliness and unlawfulness doesn’t.

One great way to fight back against these racist attacks by Trump is by insuring that unrepresented or underrepresented migrants are no longer the “low hanging fruit” of racist intimidation and unequal treatment before the law. Fill the Federal Courts with litigation and force complicit Federal Judges, from Immigration Judges all the way up to and including the Supremes, to look at the face at their own ugly racist enabling and human rights denying misfeasance in office every day. Make a public record to insure that their kids, grandkids, and all future generations know just how spinelessly their ancestors performed when confronted with clear, grotesque, and deadly violations of human rights and human dignity. How when the “chips were down” for democracy and human decency, they were MIA!

Right now, we’re in the long overdue process of tearing down the statutes of past racists like Chief Justice Roger Taney of “Dred Scott infamy.” But, we must insure that the statutes of the Federal Judges and other public officials who are enabling and promoting modern-day “Dred Scottification” never get built in the first place.

Remember my “Five Cs” – Constantly Confront Complicit Courts for Change!

Due Process Forever! And, of course, thanks every day to the legions of pro bono fighters among the ranks of our “New Due Process Army” who courageously champion the cause of the most vulnerable among us, thereby protecting all of our individual rights, at a time of great and disturbing national cowardice and unparalleled corruption and incompetence among the GOP “governing” class and their enablers and apologists.

PWS

08-11-20

JEFFREY S. CHASE: 9TH Circuit “Schools” BIA In Asylum Law – But, Will It Really Make Any Difference To “Death Board” In A Regime That Gives The Article IIIs, Congress, & The Law The Big Middle Finger Every Day With No Meaningful Consequences?  — Programmed To Deny Asylum At Any Cost, EOIR Under Billy The Bigot Is Largely Undeterred By Judicial Lectures Without Teeth!

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

https://www.jeffreyschase.com/blog/2020/8/10/9th-cir-sets-bia-straight-on-circularity

 

9th Cir. Sets BIA Straight on ‘Circularity’

On August 7, the U.S Court of Appeals for the Ninth Circuit dealt a blow to the Trump Administration’s attacks on domestic violence-based asylum claims.  In Diaz-Reynoso v. Barr, the petitioner applied for withholding of removal to Guatemala because she had been persecuted by her domestic partner on account of her membership in the particular social group consisting of “indiginous women in Guatemala who are unable to leave their relationship.”1  An immigration judge found her credible, but denied her applications for relief.

While her appeal was pending before the BIA, then-Attorney General Jeff Sessions issued his decision in Matter of A-B-.  The BIA subsequently relied on that decision to reject the Petitioner’s particular social group.

Regarding this sequence of events, it’s important to realize that in 2014, the BIA issued a precedent decision holding that a particular social group consisting of “married women in Guatemala who are unable to leave their relationship” could serve as a basis for asylum.  As a result, domestic violence-based asylum claims relied on this BIA-approved formulation as a model over the next four years.

When Sessions vacated the Board’s decision, many asylum claims relying on the prior precedent were already in the pipeline.  The BIA could have applied Matter of A-B- only prospectively to cases filed after Sessions’ decision.2  Or if it decided to apply the decision retroactively, it could have remanded the cases that had relied on the law at the time of filing to now allow them to modify their record in response to the superseding decision.

However, the Board did neither of these things.  Instead, it denied the pending cases with no individualized analysis, simply dismissing the claim as being too similar to the case that the Attorney General had just disagreed with.

In Diaz-Reynoso, the Ninth Circuit refuted the above approach by affirming the following points that have been raised repeatedly since the issuance of the AG’s decision, but that the BIA has continued to ignore.

First, the court held that Matter of A-B- does not categorically bar the granting of domestic violence-based asylum claims.  In the words of the court: “Far from endorsing a categorical bar, the Attorney General emphasized that the BIA must conduct the ‘rigorous analysis’ set forth in the BIA’s precedents.’”

Second, the court affirmed the commonly-held view that much of the AG’s decision in Matter of A-B- is nonbinding dicta.  In the words of the Ninth Circuit, the AG offered “some general impressions about asylum and withholding claims based on domestic violence and other private criminal activity.”  But the court noted that “despite the general and descriptive observations set forth in the opinion, the Attorney General’s prescriptive instruction is clear: the BIA must conduct the proper particular social group analysis on a case-by-case basis.”

Third, the court held that the particular social group that Sessions rejected in Matter of A-B- was not impermissibly circular.

As the concept of circularity can be confusing, I will offer some explanation.  In order to merit asylum, persecution must be on account of a statutory ground: race, religion, nationality, membership in a particular social group, or political opinion.  Hypothetically, someone with a fear clearly unrelated to one of the necessary grounds could put forth an argument as follows: “I fear persecution.” “Why?” “Because I’m a member of a particular social group.” “What group?” “People who fear persecution.” “But why do they fear persecution?” “Because of their social group.”  “What group?” “People who fear persecution.”  And this could  go on and on, continuing in the same circle.

In a 2006 precedent decision, Matter of C-A-, the BIA cited to UNHCR guidelines on particular social groups as prohibiting this exact scenario, in which a group is defined exclusively by the harm.  The Board repeated the same rule a year later in another precedent, Matter of A-M-E- & J-G-U-, again using the word “exclusively” (although this time without the emphasis).3  However, the BIA in 2014 added language that a particular social group must exist independently of the persecution, without explaining whether this term differed in meaning from the “exclusively defined” prohibition, and if so, to what degree.

In Matter of A-B-, the AG first jumped to the conclusion that the reason an asylum-seeker is  “unable to leave the relationship” is due to persecution.4  And following that assumption, he rejected the particular social group as being impermissibly circular.

As stated above, the particular social group in Diaz-Reynoso was “indiginous women in Guatemala who are unable to leave their relationship.”  The group was thus defined by the group members’ (1) indiginous status; (2) Guatemalan nationality; (3) gender; and (4) inability to leave their relationship.  So the group was clearly not exclusively defined by the persecution.

And yet, as the Ninth Circuit noted, “with almost no analysis, the BIA rejected Diaz-Reynoso’s proposed particular social group because it ‘suffer[ed] from the same circularity problem articulated by the Attorney General in Matter of A-B-.’”

The Ninth Circuit continued: “In the Government’s and dissent’s view, in order to exist independently from the petitioner’s feared harm, a proposed group may not refer to that harm at all. We disagree. The idea that the inclusion of persecution is a sort of poison pill that dooms any group does not withstand scrutiny.”

The court further clarified that a group exists independent of persecution when it “shares an immutable characteristic other than the persecution it suffers.”  As noted above, the particular social group here included three such immutable characteristics: indiginous status, nationality, and gender.  These serve as what the court termed “narrowing characteristics” independent of any harm.

The court further questioned the logic behind the agency’s restrictive view of circularity: “The purpose of asylum and withholding is to provide relief to people who have been persecuted in foreign lands because of their race, religion, nationality, membership in a particular social group, or political opinion…The Government and dissent do not explain why a person seeking relief on the basis of membership in a particular social group should be required to omit any mention of threatened persecution.”

One additional point worth mentioning is that the Ninth Circuit looked to UNHCR materials for guidance, noting that the BIA has found UNHCR’s views to be “a useful interpretive aid.”

The Ninth Circuit’s decision should certainly be applauded by asylum advocates.  The court joined the First and Sixth Circuits in rejecting the reliance on Matter of A-B- as a basis for swiftly dismissing domestic violence claims.

But this litigation could have been avoided through the BIA properly doing its job.  The petitioner in this case endured four years of abuse at the hands of her tormentor.  She was forced by him to work without pay in the coffee fields as well as to have sex with him.  She was further subjected to weekly beatings, suffering bruises that sometimes lasted for 10 days.

The petitioner actually escaped to the U.S., where she was detained for a month and then deported back to Guatemala.  There, she was forced to return to her abuser when he threatened to otherwise kill her and her daughter and harm her mother.  Upon return, she was subjected to even worse abuse for another year.

And yet an appellate immigration judge with the BIA saw in this case an opportunity for a quick denial with no analysis, on the grounds that the particular social group that had been valid for four years now contained a few more words than the AG approved of.  This sadly demonstrates the present philosophy of the BIA, where the goal of achieving quick dismissals has usurped the need for reasoned analysis and due process.

The petitioner was represented by students and supervising counsel with the Hastings Appellate Project, an advocacy clinic of the University of California – Hastings College of Law.  Amicus briefs were filed by the Center for Gender and Refugee Studies, the Round Table of Former Immigration Judges, Harvard Law School’s Immigration and Refugee Clinical Programs, and UNHCR.  Special mention is due to Blaine Bookey at CGRS, who so ably argued the case remotely.

The Round Table expresses its gratitude to attorneys Richard W. Mark, Amer S. Ahmed. Grace E. Hart, and Cassarah M. Chu of the law firm of Gibson, Dunn & Crutcher, LLP for their invaluable assistance.

Notes:

  1. The Petitioner was ineligible to apply for asylum because she was subject to reinstatement of a prior order of removal.
  2. I believe a strong argument can be made that Matter of A-B- more closely  resembled a policy announcement (which should be applied prospectively only) than a judicial interpretation of the law that would apply retroactively.
  3. There is actually an exception to this rule, that we need not go into here.
  4. In De Pena Paniagua v. Barr, the First Circuit in April explained that there may be other reasons one could be unable to leave their domestic relationship that are unrelated to persecution.

Copyright 2020 Jeffrey S. Chase.  All rights reserved. Reprinted with permission.

 

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

While the Supremes and other Federal Courts continue to live in their “alternate universe,” most of the rest of us have noticed that the Trump regime is completely unapologetic and undeterred by their frequent defeats in Federal Court. There are no consequences, and therefore no deterrents, for their lies, misrepresentations, unprofessionalism, racist bias, and contempt for the American justice system. Nobody loses a law license, nobody goes to jail, nobody is required to operate under meaningful court supervision. Appalling misconduct and contemptuous behavior is normalized. “Just commit the same abuse again with a slightly different rationale” has become the watchword. The Supremes have shown they will accept any fraudulent rationale from Trump and his toadies as long as it gives them “some cover” for systemic abuses of people of color.

I’d say that Billy Bigot actually treats the Article IIIs almost like he treats the Immigration Courts – as his toady subordinates. And, he pretty much gets away with it! Contempt for Congress and the Courts is the heart of the “Unitary Executive” pushed by Billy and his neo-fascist cronies. And, until the Article IIIs find the collective backbone to “just say no,” the “Unitary Executive” is going to continue to run roughshod over them while our democracy.

Due Process Forever! Complicit Courts Never!

PWS

08-11-20

 

 

🏴‍☠️KAKISTOCRACY WATCH: Billy The Bigot Appoints Another “Death Squad”☠️⚰️ To BIA!🤮👎

EYORE
“Eyore In Distress”
Once A Symbol of Fairness, Due Process, & Best Practices, Now Gone “Belly Up”

 

EOIR Announces Three New Appellate Immigration Judges

FALLS CHURCH, VA – The Executive Office for Immigration Review (EOIR) today announced the appointment of Michael P. Baird, Sunita B. Mahtabfar, and Sirce E. Owen as appellate immigration judges in EOIR’s Board of Immigration Appeals.

Biographical information follows:

Michael P. Baird, Appellate Immigration Judge

Attorney General William P. Barr appointed Michael P. Baird as an appellate immigration judge in August 2020. Judge Baird received a Bachelor of Business Administration in 1989 from Clayton State University and a Juris Doctorate in 1992 from Georgia State University College of Law. From 2009 to 2020, he served as an immigration judge first in Dallas, Texas and then later transferred to the Atlanta Immigration Court. From 2006 to 2009, he served as a senior assistant district attorney in the Appalachian Judicial Circuit, in Georgia. From 2004 to 2006, he served as a judge in the Municipal Court of Jonesboro, Georgia. From 1997 to 2004, he served as chief judge for the Magistrate Court of Clayton County, Georgia. From 1995 to 1996, he was in private practice. From 1993 to 1995, he served as senior assistant solicitor general at the Clayton County Solicitor’s Office. From 1992 to 1993, he was in private practice. From 1986 to 1990, he was a police officer. Judge Baird has taught as adjunct faculty at the Georgia State University College of Law, Clayton State University and the University of West Georgia. Judge Baird is a member of the State Bar of Georgia.

Sunita B. Mahtabfar, Appellate Immigration Judge

Attorney General William P. Barr appointed Sunita B. Mahtabfar as an appellate immigration judge in August 2020. Judge Mahtabfar earned a Bachelor of Arts in 1994 from the University of Texas at Austin and a Juris Doctorate in 1998 from Thurgood Marshall School of Law. From 2013 to 2020, she served as an immigration judge in the El Paso Immigration Court. From 2006 to 2013, she served as an attorney in the Office of the Assistant Chief Counsel, U.S. Customs and Border Protection, Department of Homeland Security (DHS), in El Paso, Texas. From 2003 to 2006, she served as an asylum officer, U.S. Citizenship and Immigration Services, DHS, in Houston. Judge Mahtabfar is a member of the State Bar of Texas.

Communications and Legislative Affairs Division

August 7, 2020

Page 2

Sirce E. Owen, Appellate Immigration Judge

Attorney General William P. Barr appointed Sirce E. Owen as an appellate immigration judge in August 2020. Judge Owen earned a Bachelor of Science in 1996 from Johns Hopkins University, a Master of Business Administration in 2002 from Georgia State University, and a Juris Doctor in 2005 from Georgia State University. From 2018 to 2020, she served as an assistant chief immigration judge, based in Atlanta. From June 2019 to January 2020, she served as acting deputy director of EOIR. From 2016 to 2018, she served as deputy chief counsel, Office of Chief Counsel, Office of the Principal Legal Advisor, Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS), in Atlanta. From 2008 to 2016, she served as assistant chief counsel, ICE, DHS, in Atlanta. From 2005 to 2008, she was an associate attorney with Mozley, Finlayson & Loggins LLP, in Atlanta. Judge Owen is a member of the State Bar of Georgia.

— EOIR —

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

Here’s what you really need to know about these so-called “judges.”

Baird – Asylum denial rate 91.4% (74th highest of 456 ranked)

Mahtabfar – Asylum denial rate 98.7 (8th highest of 456 ranked – but remember the 7 worse “judges” are probably already on the BIA)

Owen – Didn’t deny enough asylum to make the TRAC charts. Served mostly as a prosecutor and “management judge” (A/K/A “JINO” or “Judge In Name Only”). But rest assured – she hails from the Atlanta Immigration “Court” – deemed an “Asylum Free Zone” in “a petition filed before the Inter-American Commission on Human Rights (IACHR).” https://www.thenation.com/article/archive/these-jurisdictions-have-become-asylum-free-zones/

 

As my Round Table colleague Judge Jeffrey S. Chase summed it up: “Under [EOIR Director James] McHenry, a “liberal” is defined as one whose asylum denial rate is lower than their body temperature.”

Due Process Forever! The EOIR kakistocracy, never!

 

PWS

 

08-11-20

 

 

 

 

 

🛡⚔️🗽👍🏼🇺🇸ROUND TABLE SLAMS LATEST BOGUS “KILL ASYLUM” PROPOSED REGS IN COMMENTS TO REGIME!

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

Comments – Security Bar (COVID) Asylum Reg (PDF)

The Round Table of Former Immigration Judges is composed of 46 former Immigration Judges and Appellate Immigration Judges of the Board of Immigration Appeals. We were appointed and served under both Republican and Democratic administrations. We have centuries of combined experience adjudicating asylum applications and appeals. Our members include nationally- respected experts on asylum law; many regularly lecture at law schools and conferences and author articles on the topic.

We view the proposed rule as an improper attempt to legislate through rule making. The proposed rule is inconsistent with Congressional intent and with our nation’s obligations under international law. The rule is also overly broad, and as worded, could be applied to virtually anyone. It requires determinations to be made based on pure speculation by officials lacking any required expertise in the subject. And the rule fails to consider much lesser, more humane approaches to address the issue.

. . . .

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

Read our complete comment at the above link.

Gimmicks, cruelty, illegally, gimmicks, cruelty, illegality. Over and over the regime targets asylum seekers with “crimes against humanity.”

Although all DHS statistics should be regarded as suspect, the recent assertions that the regime”s killer tactics are protecting America against COVID appear particularly bogus — especially given the Trump regime’s gross failure to protect Americans from the pandemic and the frequent myths and false claims blabbered by Trump in a pathetic attempt to downplay the disaster caused by his stupidity and malicious incompetence.

The net result of all these “Miller-hatched” cruel gimmicks to eliminate legal immigration (without legislative authority) appears to be steadily increasing levels of extralegal immigration. And that’s just the folks who get caught. Who knows how many get through and simply get lost in the interior?  So, instead of a rational legal immigration and refugee system that encourages screening, testing where necessary, taxpaying, and data collection, thanks to the stupidity and cruelty of Trump and Miller, the fecklessness of Congress, and the complicity of the Supremes, we have created a larger than ever extralegal immigration system. 

Diminishing ourselves as a nation,🤮 won’t stop human migration🗽!

PWS

08|10-20

🏴‍☠️☠️⚰️👎🏻🤮END OF REFUGEE PROGRAMS SIGNALS DEMISE OF AMERICA!  — “Our nation has an ethical and legal responsibility to protect those who seek refuge here. Instead, we have expended vast resources on preventing people from entering the country and deporting people who are already here!”

🏴‍☠️☠️🏴‍☠️☠️🏴‍☠️☠️🏴‍☠️☠️⚰️⚰️⚰️⚰️⚰️👎🏻👎🏻👎🏻👎🏻👎🏻

https://www.washingtonpost.com/outlook/refugees-united-states-abandon/2020/08/07/6085e81c-d751-11ea-aff6-220dd3a14741_story.html

U.S. Asylum Officer Jason Marks writes in the WashPost Outlook Section:

. . . .

Collectively, we were told to implement restrictive new policies, expressly designed to deter people from seeking refuge. The Migrant Protection Protocols, for example, resulted in more than 60,000 asylum seekers being sent to Mexico in 2019, after fleeing the extreme brutality of MS-13 and the 18th Street gang in Honduras, Guatemala and El Salvador. Left to live in squalor without any protection, they are preyed upon by cartels and gangs as they wait, sometimes months, for an elusive court date before an immigration judge.

[I became an asylum officer to help people. Now I put them back in harm’s way.]

The pandemic put refugees and asylum seekers in even more desperate straits, as the United States paused refugee resettlement. Many already interviewed and accepted for resettlement in the U.S. now live stateless at the margins of cities, towns and villages where they have no rights or legal status, or in overcrowded refugee camps. Around the world, in places including Jordan, Kenya and Bangladesh, refugee camps are bursting at the seams. People there are unable to practice social distancing, and soap and water are limited.

Meanwhile, at our borders, Customs and Border Protection has turned away thousands of vulnerable people since March, without due process. Some applicants showing symptoms of the coronavirus were deported with no regard for safety measures (such as testing), causing outbreaks in the countries from which they had fled. Others languish in crowded detention facilities, even though many of them pose no security threat and Immigration and Customs Enforcement has the discretion to release them. By law, children must be let out after 20 days of incarceration. But rather than release them with their parents, our government has presented these families with an agonizing choice: Either have their children released, indefinitely separated from their parents — or remain locked up together in these facilities, many of which have already witnessed coronavirus outbreaks.

Amid all this, in June, the administration proposed 161 pages of sweeping regulations that would gut asylum and refugee law. Certain provisions, for example, drastically narrow the definitions of persecution and torture; others raise certain burdens of proof to nearly unreachable standards and redefine what constitutes the protected grounds of political opinion and membership in a particular social group. Still others could disqualify applicants if they made a mistake on their tax filings, or took two or more layover flights on their way here. In July, the administration proposed yet another new policy, allowing the United States to deny asylum to applicants if they come from any country with an outbreak of a highly contagious disease. (Public health experts have said this would serve no legitimate public health purpose.) It’s difficult to see how anyone could qualify for protection under this tangle of new rules, once they’re implemented.

Years of tightening restrictions have made it harder to obtain a wide range of legal immigration benefits, causing applications to plummet and, with them, the user fees that fund U.S. Citizenship and Immigration Services operations. Now, the pandemic has placed our agency on the brink of bankruptcy, and 70 percent of our workforce faces an indefinite furlough unless Congress intervenes. Without emergency funding, only a skeleton crew will remain to administer America’s immigration services system — resulting in even greater backlogs in the processing of applications for benefits including asylum, green cards, work permits and citizenship.

Our nation has an ethical and legal responsibility to protect those who seek refuge here. Instead, we have expended vast resources on preventing people from entering the country and deporting people who are already here. If the current administration’s policies continue unchecked, there will no longer be a pathway for refugees to have a new beginning in the United States. Even if a different presidential administration tried to change course, I fear that it would take many years to reverse the damage and rebuild our capacity to protect refugees. Many people will lose their lives before then.

In the closing words of his farewell address, President Ronald Reagan described our country as a “shining city upon a hill”: “If there had to be city walls,” he said in 1989, “the walls had doors, and the doors were open to anyone with the will and the heart to get here.” That is still something most Americans believe in.

[Read more from Outlook:]

[Coronavirus can’t be an excuse to continue President Trump’s assault on asylum seekers]

[Americans are the dangerous, disease-carrying foreigners now]

[During the covid-19 pandemic, immigrant farmworkers are heroes]

[Follow our updates on Facebook and Twitter.]

Jason Marks, an asylum training officer with the United States Citizenship and Immigration Services (USCIS), writes here as a shop steward for Local 1924, American Federation of Government Employees, which represents employees of the USCIS Asylum and Refugee Officer Corps.

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

Read the rest of Jason’s article at the above link.

It’s not rocket science! Misusing, misinterpreting, and misapplying refugee and asylum laws to “reject not protect” is clearly illegal, unconstitutional, and immoral to boot! It’s also, not surprisingly, toxic public policy because it squanders and misdirects resources on efforts to that actually hurt our economy, society, and reputation. In other words, fraud, waste, and abuse on a grand and deadly scale! 

So, a career Asylum Officer has more legal knowledge, guts, and human decency than the life-tenured, yet removed from both reality and humanity, Supremes’ majority! What’s wrong with this picture!

75 years after the end of World War II, America has installed a racist, neo-Nazi White Supremacist Government.  Go figure!

To make this happen, Trump and his cronies needed both a feckless Congress and Supremes committed to empowering authoritarian racism in the name of Executive authority. He got both!

We have an opportunity, perhaps our last as a nation, to return to a nobler vision of America. But it will require ousting not only the morally corrupt and maliciously incompetent Trump regime but also the equally immoral GOP Senators who have enabled and enthusiastically hastened our national demise. That will give us a start on the longer-term project of better Justices and Federal Judges for a better America.

There is no excuse whatsoever for the cowardly, disingenuous, and immoral failure of the Roberts Court to stand against Trump. Instead, they have embraced the “Dred Scottification” — that is, dehumanization — of refugees, asylum seekers, immigrants, and persons of color. Why is this judicially-enabled retrogression to the “Hay-day of Jim Crow” acceptable in 21st Century America?

This November, vote like your life and the future of our nation and the world depend on it! Because they do!

PWS

08-09-20

🏴‍☠️☠️⚰️👎🏻DEATH IN THE GULAG:  DHS Racks Up 17th Detainee Kill Of Fiscal Year — Doubling Previous Year’s Body Count ⚰️ With Months To Go As “DUD” Program Hits High Gear! — Death Either Here Or Upon Return To Danger Without Fair Hearings Is The “Ultimate Deterrent” For America’s White Nationalist Regime!

DUD = “Detain Until Dead”

https://apple.news/AEJpCWSaJQMyWS9vMdp33bQ

Danielle Silva reports for NBC News:

More than twice as many immigrants have died in the custody of Immigration and Customs and Enforcement this fiscal year than last after two detainees died this week. That brought this year’s total to 17, compared with eight deaths last year.

A 72-year-old Canadian man who had tested positive for the coronavirus died in ICE custody on Wednesday night at a Virginia hospital, the agency said Friday in a statement.

James Thomas Hill reported feeling shortness of breath to staff at an ICE detention facility in Farmville, Virginia, on July 10 and was admitted to Centra Southside Community Hospital before being transferred to Lynchburg General Hospital the following day, ICE said.

A COVID-19 test administered by hospital staff came back positive on July 11, the agency said.

Hill entered ICE custody on April 11 following his release from the Rivers Federal Correctional Institute in North Carolina after serving 13 years of a 26-year prison sentence for health care fraud and distributing a controlled substance, according to ICE. An immigration judge had ordered his removal on May 12, ICE said. At the time of his death, Hill was in ICE custody pending his removal to Canada, the agency said.

The agency said it had notified the Department of Homeland Security’s Office of Inspector General, the ICE Office of Professional Responsibility, the Canadian consulate and Hill’s next of kin. His death was first reported by BuzzFeed News.

A 51-year-old Taiwanese man died Wednesday afternoon at a Florida hospital after being a diagnosed with a “massive intercranial hemorrhage,” ICE said in a separate statement Thursday.

Kuan Hui Lee was found unresponsive at the Krome Service Processing Center in Florida on July 31 and taken to the Kendall Regional Medical Center.

. . . .

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

I think this is just the beginning of the true carnage that advocates have been predicting for months. And that doesn’t even count those killed after being “orbited” by DHS in violation of the statute and due process as a complicit Supremes majority egged them on.

The shame of our nation’s intentional dehumanization and mistreatment of asylum seekers and other migrants under the Trump regime won’t be eradicated. What kind of “democracy” runs a “Gulag” for non-criminals where all “sentences” are arbitrary and indefinite and the there is no readily available impartial review of detention by a neutral and detached magistrate? Where Supreme Court Justices worry more about the impact of “nationwide injunctions” and “bogus emergencies” declared by an patently unqualified and invidiously biased Executive than they do about the lives, health, and freedom of individuals whose “crime” is to assert their legal and Constitutional rights?

While the problem starts with a White Nationalist, racist regime and a feckless GOP-controlled Senate under Moscow Mitch, those Federal Judges at all levels who could have put an end to these “crimes against humanity,” but failed to do so, also bear responsibility for the death and destruction of human lives by the regime.

Due Process Forever! Complicit Courts, Never (Again). Better Justices & Judges For A Better America! 

PWS

08-08-20

🛡⚔️⚖️🗽😎GOOD NEWS, AS ROUND TABLE BESTS BIA AGAIN: 9th Cir. Zaps BIA’s Denial Of Guatemalan Woman’s Asylum & CAT Cases Involving Matter of A-B-! — Diaz-Reynoso v. Barr

Sontos, 9th 18-72833_Documents

Diaz-Reynoso v. Barr, 9th Cir., 08-07-20, published

 

SYNOPSIS BY COURT STAFF:

 

Immigration

Granting Sontos Diaz-Reynoso’s petition for review of the Board of Immigration Appeals’ decision affirming the denial of her application for withholding of removal and protection under the Convention Against Torture, and remanding, the panel held that the Board misapplied Matter of A-B-, 27 I. & N. Dec. 316 (A.G. 2018), as well as Board and circuit precedent, in concluding that Diaz-Reynoso’s proposed social group comprised of “indigenous women in Guatemala who are unable to leave their relationship” was not cognizable, and that she failed to establish that the government of Guatemala would acquiesce in any possible torture.

The panel rejected Diaz-Reynoso’s contention that Matter of A-B- was arbitrary and capricious and therefore not entitled to Chevron deference. The panel concluded that, despite the general and descriptive observations set forth in the opinion, Matter of A-B- did not announce a new categorical exception to withholding of removal for victims of domestic violence or other private criminal activity, but rather it reaffirmed the Board’s existing framework for analyzing the cognizability of particular social groups, requiring that such determinations be individualized and conducted on a case-by-case basis.

The panel observed that the Board rejected Diaz- Reynoso’s proposed social group, with almost no analysis,

** This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader.

 

Case: 18-72833, 08/07/2020, ID: 11780830, DktEntry: 100-1, Page 3 of 76

DIAZ-REYNOSO V. BARR 3

because it “suffered from the same circularity problem articulated by the Attorney General in Matter of A-B-.” The panel explained that in doing so, the Board appeared to misapprehend the scope of Matter of A-B- as forbidding any mention of feared harm within the delineation of a proposed social group. The panel concluded that this was error, explaining that Matter of A-B- did not announce a new rule concerning circularity, but instead merely reiterated the well- established principle that a particular social group must exist independently of the harm asserted. The panel recognized that a proposed social group may be deemed impermissibly circular if, after conducting the proper case-by-case analysis, the Board determines that the group is defined exclusively by the fact that its members have been subjected to harm. The panel explained, however, that a proposed social group is not impermissibly circular merely because the proposed group mentions harm.

The panel concluded that the Board also erred in assuming that domestic violence was the only reason Diaz- Reynoso was unable to leave her relationship, and in failing to conduct the rigorous case-by-case analysis required by Matter of A-B-. The panel therefore remanded Diaz- Reynoso’s withholding of removal claim for the Board to undertake the required analysis applying the correct framework.

Because the Board failed to discuss evidence that Diaz- Reynoso reported her husband’s abuse to authority figures in her village community, and the government conceded remand was warranted, the panel also remanded Diaz-Reynoso’s CAT claim for further consideration.

4 DIAZ-REYNOSO V. BARR

Concurring in the judgment in part and dissenting in part, Judge Bress agreed with remand of the CAT claim in light of the government’s concession, but disagreed with the majority’s conclusion that the Board misread Matter of A-B- in rejecting Diaz-Reynoso’s proposed social group. In Judge Bress’s view, Matter of A-B- held that a proposed group that incorporates harm within its definition is not a group that exists independently of the harm asserted in an application for asylum or statutory withholding of removal. Judge Bress wrote that substantial evidence supported the Board’s assessment that Diaz-Reynoso’s social group was defined exclusively by the harm suffered, and that the Board correctly applied Matter of A-B-, and the circularity rule, in rejecting Diaz-Reynoso’s proposed social group.

COUNSEL:

Gary A. Watt, Stephen Tollafield, and Tiffany J. Gates, Supervising Counsel; Shandyn H. Pierce and Hilda Kajbaf, Certified Law Students; Hastings Appellate Project, San Francisco, California; for Petitioner.

Joseph H. Hunt, Assistant Attorney General; John S. Hogan and Linda S. Wernery, Assistant Directors; Susan Bennett Green, Senior Litigation Counsel; Ashley Martin, Trial Attorney; Office of Immigration Litigation, Civil Division, United States Department of Justice, Washington, D.C.; for Respondent.

Blaine Bookey, Karen Musalo, Neela Chakravartula, and Anne Peterson, Center for Gender & Refugee Studies, U.S. Hastings College of Law, San Francisco, California, for Amicus Curiae Center for Gender & Refugee Studies.

Richard W. Mark, Amer S. Ahmed, Grace E. Hart, and Cassarah M. Chu, Gibson Dunn & Crutcher LLP, New York New York, for Amici Curiae Thirty-Nine Former Immigration Judges and Members of the Board of Immigration Appeals.

Sabrineh Ardalan, Nancy Kelly, John Willshire Carrera, Deborah Anker, and Zachary A. Albun, Attorneys; Rosa Baum, Caya Simonsen, and Ana Sewell, Supervised Law Students; Harvard Immigration and Refugee Clinical Program, Cambridge, Massachusetts; for Amicus Curiae Harvard Immigration and Refugee Clinical Program.

Ana C. Reyes and Alexander J. Kasner, Williams & Connolly LLP, Washington, D.C.; Alice Farmer, United Nations High Commissioner for Refugees, Washington, D.C.; for Amicus Curiae United Nations High Commissioner for Refugees.

PANEL: Ronald M. Gould, Morgan Christen, and Daniel A. Bress, Circuit Judges.

OPINION BY: Judge Cristen

CONCURRING/DISSENTING OPINION: Judge Bress

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

Just another example of how under this regime, EOIR’s perverted efforts to deny and deport, especially targeting female asylum seekers from the Northern Triangle for mistreatment and potential deportation to death, waste time and effort that could, in a wiser more just Administration, be used to reduce dockets and waiting times by ensuring that well-documented, deserving cases like this one are rapidly granted. EOIR’s biased performance also reeks of both anti-Latino racism and misogyny. Here we are, two decades into the 21st Century with our immigration “justice” system still being driven by invidious factors.

The Supremes’ majority may feign ignorance and or indifference to Trump’s and Miller’s overtly racist immigration agenda. But, those of us working in the field of immigration had it figured out long ago. It’s not rocket science! The Trumpsters make little or no real attempt to hide their scofflaw intent and invidious motives. It has, disgustingly, taken a concerted and disingenuous effort by the Supremes’ majority to sweep these unconstitutional attacks on humanity under the carpet.

That’s why we need “regime change” in both the Executive and the Senate which will lead to the appointment of better judges for a better America. Justices and judges who will ditch the institutionalized racism and misogyny and who will make equal justice for all under our Constitution a reality rather than the cruel hoax and “throwaway line” that it is today under GOP mis-governance.

Many thanks to our good friends and pro bono counsel at Gibson Dunn for the help in drafting our Amicus Brief!

Knightess
Knightess of the Round Table

 

Due Process Forever!

 

PWS

 

08-07-20

 

 

 

 

🤡☠️🤮CLOWN COURTS’ DEADLY REOPENING SCHEME ISN’T A “PLAN AT ALL” —It’s A Recipe For Dysfunction, Disaster, & Potential Death By “Malicious Incompetence” — Are There No “Grown Ups” Left in Congress or The Article IIIs With The Guts To End This Stain Our Nation?

 

https://immigrationimpact.com/2020/08/04/coronavirus-immigration-court/

Aaron Reichlin-Melnick on Immigration Impact:

COVID-19 Wreaks Havoc on Immigration Courts With No Clear Plan to Stop Spread

Posted by Aaron Reichlin-Melnick | Aug 4, 2020 | Due Process & the Courts, Immigration Courts

As the COVID-19 pandemic continues to spread throughout the United States, immigration courts around the country remain in turmoil.

The Executive Office for Immigration Review (“EOIR”) initially postponed all non-detained hearings when lockdowns began in March. However, EOIR refused to close all courts. Hearings for detained immigrants and unaccompanied children continued, despite the risks. Now, nearly five months later, EOIR still has no public plan to limit the spread of COVID-19 as it slowly begins to reopen courts around the country.

Immigration Courts Reopen Across the U.S.

Beginning in mid-June, EOIR began reopening some immigration courts, starting with the Honolulu immigration court.

Since then, courts have reopened for hearings in Boston, Dallas, Las Vegas, Hartford, New Orleans, Cleveland, Philadelphia, Newark, Baltimore, Detroit, and Arlington. However, following the rise in COVID-19 cases in Texas, the Dallas immigration court was open for less than a week before shutting again. It remains closed.

After the court reopened in Newark, immigration lawyers filed a lawsuit seeking to halt the court reopening. They explained that the court has not provided enough safety protocols. According to the lawsuit, they believe at least two deaths, including an immigration lawyer and a clerk for ICE in Newark, can already be traced to court hearings that occurred before the initial shutdown.

At a town hall, the National Association of Immigration Judges discussed the reopening. The union stated that EOIR doesn’t determine which courts reopen. Those decisions come from the local U.S. Attorney, who are political appointees working for the Department of Justice.

No Concrete Plan for Stopping COVID-19 Spread in Courts

Making matters worse, EOIR has still not explained what the criteria are for opening courts. The only safety guidelines the agency has published are simply those generally applicable to the public, such as asking people to socially distance, wear masks, and not appear in court if they have tested positive for COVID-19.

These limited guidelines do not provide anywhere near enough information to ensure safety for people appearing in court.

For example, EOIR fails to explain how translation services will work, which is but one of many unresolved questions about safety. In many courts, interpreters sit directly next to the person for whom they are interpreting so they can hear every word. But social distancing would be impossible in that scenario.

If EOIR wanted to replace all in-person interpretation with telephonic interpretation, that may not be a viable solution. Some people’s cases could be hurt by lower quality interpretation over what are often noisy phone lines.

Courts that have reopened have mostly been hearing only “individual” merits hearings, the equivalent of a trial in the immigration court system. Master calendar hearings, at which dozens of people wait in a courtroom together to review their immigration charges, are not currently happening in most reopened courts.

The agency has indicated that some master calendar hearings with reduced numbers of participants will move forward. But even with a limited caseload, practitioners report chaos and confusion as court hearings begin again.

Lawyers report having cases advanced or postponed with little notice and almost no input. This can be particularly hard for individuals without attorneys. They may be unable to keep track of rapid changes at the courts.

This chaos underscores the need for a public safety plan. EOIR must ensure the public that it can run the courts safely.

Without that plan, the agency’s actions so far reinforce the White House’s goal of keeping the deportation machine running without taking public health into consideration. Before any further courts reopen, EOIR must make its plans clear, or else public health and the right to a fair day in court will continue to suffer.

FILED UNDER: covid-19, EOIR

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

Wow! Talk about a democracy in meltdown! 

Some of those caught up by these “crimes against humanity” won’t survive to tell their stories. So, it’s important that those of us who recognize this unending tragedy both document it and insure that history will not let those responsible escape accountability, be they Supreme Court Justices, political leaders, or lower level bureaucrats repeating the hollow “just doing my job” mantra as they enable or carry out these grotesque acts. 

For those who watched “Immigration Nation,” how many times did you hear variations of the latter excuse from Federal bureaucrats as they heaped unnecessary, and in many cases illegal and immoral,  carnage on their fellow human beings? How many times did you hear folks who are supposed to understand the system falsely use the “get in line” or “do it the right way” lies? 

The ugly stain of the Trump regime’s illegal conduct, cowardice, cruelty, dishonesty, and inhumanity, and that of those who aided and abetted it, will not be wiped away!

Due Process Forever!

PWS

08-06-20