“Crimes Against Humanity” – Page 9 – immigrationcourtside.com

WENDY YOUNG @ KIND ON SAN ANTONIO TRAGEDY

Dear Paul –

The entire team at Kids In Need of Defense is devastated by the news that at least 46 people were found dead in an abandoned tractor-trailer in Texas and more than a dozen others in the truck, including children, were taken to local hospitals for treatment. While we wait for more details to emerge, we wanted to share the following statement from our President, Wendy Young.

“As rising violence, natural disasters, and other threats force migrants to make impossible choices in their quest to find safety, our nation’s response cannot be to place families and children in further harm by indefinitely closing our borders to people seeking protection and ignoring the dangers they face in their home countries. This most recent tragedy and the disturbing rise in migrant deaths globally underscore the need to create safer pathways to protection for refugees. The Biden Administration should see this heartbreaking tragedy for what it is, a clarion call to abandon deeply flawed and dangerous immigration policies. It must reinstate humane and orderly processing, including reopening official ports of entry, hiring child welfare experts to care for and screen children, and provide fair adjudication of protection claims. It is time for the United States to regain its footing as a leader in the protection of migrant families and children.”

– The KIND Team

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The key part of Wendy’s statement: “including reopening official ports of entry, hiring child welfare experts to care for and screen children, and provide fair adjudication of protection claims.”

Denial rates for recent arrivals who manage to get hearings (see, e.g., Garland’s bogus “dedicated dockets,” — actually “dedicated to denial” and nothing else), many of them children and unrepresented, hover around 100%. They are “guided” by a “largely holdover,” anti-asylum BIA that lacks true asylum expertise and issues no positive precedents instructing judges on how to consistently and legally grant asylum. Consequently, there is no “fair adjudication” of asylum claims. That feeds the toxic nativist myth that nobody at the Southern Border is a “legitimate” asylum seeker.

Unless and until Garland tosses the unqualified jurists at EOIR and replaces them with experts committed to due process, fundamental fairness, and correct, generous, practical precedents and proper applications of asylum law, the system will remain in failure. It’s a monumental mistake by the Biden Administration not to fix that which they absolutely control — starting with the Immigration Courts at EOIR.

Refugees will continue to die at the hands of smugglers who were given control of our immigration system by the Trump Administration and remain empowered by Garland’s & Mayorkas’s poor performance combined with biased, White Nationalist, Federal Judges appointed by Trump at all levels of our failing justice system!

Today’s WashPost editorial described how far-right nativists have basically turned our immigration system over to smugglers:

The absence of any workable legal system that would admit migrants systematically, in numbers that would meet the U.S. labor market’s demand, is the original sin of the chaos at the border. That is Congress’s bipartisan failure, a symptom of systemic paralysis for many years. More recently, a public health rule has had the effect of incentivizing unauthorized migrants to make multiple attempts to cross the border. The rule, imposed by the Trump administration, retained for more than a year by the Biden administration, and now frozen in place by Republican judges, allows border authorities to swiftly expel migrants, but with no asylum hearings or criminal consequences for repeated attempts to cross the border. That has been a boon to migrant smuggling networks.

https://www.washingtonpost.com/opinions/2022/06/29/san-antonio-migrants-deaths-solutions/

I take issue with the term “bipartisan failure” in the legislative context. It’s true that the Dems inexplicably squandered a golden chance to fix many immigration problems when they had 60 votes in the Senate in Obama’s first two years. But, before and after that time, the failure to achieve realistic, humane, robust legal immigration reform legislation has been on the nativist right of the GOP that now dominates the party. Pretending otherwise is useless and dishonest.

Democrats have made numerous reasonable legislative proposals to bring Dreamers and other long-term productive residents of America out of the underground and into the legal mainstream of our society. Additionally, Veteran Senator Pat Leahy (D-VT) has introduced the Refugee Protection Act. https://immigrationcourtside.com/2019/11/24/professor-karen-musalo-la-times-we-can-restore-legality-humanity-to-u-s-asylum-law-thats-why-the-refugee-protection-act-deserves-everyones-support/ Also, Chairman Zoe Lofgren (D-CA) has sponsored the “Real Courts Rule of Law Act of 2022.” https://immigrationcourtside.com/2022/05/16/%e2%9a%96%ef%b8%8fimmigration-courts-article-i-bill-passes-out-of-house-judiciary-on-party-line-vote/.

All of these proposals would have made long-overdue, common sense reforms to eliminate hopeless backlogs, benefit our economy, strengthen our legal system, and facilitate better allocation of Government resources. Yet, there has been scant GOP interest in improving the system. The GOP appears to believe that promoting a dysfunctional immigration system, denying human rights, and guaranteeing a large “extralegal population” available as scapegoats and exploitable labor best serves their parochial political interests.

And, speaking of useless and dishonest, here’s Leon Krausze, WashPost Global Opinions Contributor, on how the disingenuous performance of Texas Governor Greg Abbott and Mexican President Andres Manuel Lopez Obrador has helped fuel both resurgent Mexican migration and unnecessary deaths at or near the border. https://www.washingtonpost.com/opinions/2022/06/29/san-antonio-migrant-deaths-trailer-mexico-amlo/.

The “good guys” — those committed to due process, fundamental fairness, individual rights, equal justice, scholarship, and human dignity — need to fight back at every level of our political and judicial systems — while they still exist! Because if the GOP has its way, that won’t be for long!🏴‍☠️

🇺🇸 Due Process Forever!

PWS

06-30-22

🏴‍☠️ DYSFUNCTIONAL COURTS: HIGH DENYING IJ IN HOUSTON REJECTS BIA REMAND, LECTURES HIGHER COURT JUDGES ON HOW TO DENY ASYLUM TO REFUGEE WOMAN — Parties Given No Input In Garland’s Zany, Topsy-Turvy, Out Of Control, Asylum Denial Machine! — Who’s On First In This Deadly ☠️ “Ongoing Clown Show” 🤡 That Degrades Human Rights & Mocks Judicial Competence & Best Practices?

Woman Tortured — “Nexus? What nexus? These “just happen to be” women facing a little “random violence!”
Amazing StoriesArtist Unknown, Public domain, via Wikimedia Commons

Here are the redacted decisions:

BIA Remand Maria Delmy Andasol-Parada_20220531_0001_Redacted IJ Ceritification Maria Delmy Andasol-Parada_20220531_0001_Redacted

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Not rocket science 🚀 here:

With credible testimony and harm that rises to the level of persecution for a woman in El Salvador, who was the victim multiple rapes, on its face, this should have been an easy grant for a competent IJ.

- - Essentially, this judge argues that harm rising to the level of persecution — multiple rapes — inflicted on a woman in El Salvador, where femicide and misogyny run rampant, has nothing to do with her being a woman. Such a conclusion is unlikely — some experts would say facially absurd!
  - Indeed, the IJ’s apparent view that multiple rapes had nothing to do with a gender-based protected ground of being a woman would be totally “off the wall” for any experienced asylum adjudicator who truly understood the well-documented nature of violence against women as a widespread form of persecution worldwide!
  - According to the UN Handbook for Determining Refugee Status, adjudicators should give credible applicants “the benefit of the doubt.” “It is therefore frequently necessary to give the applicant the benefit of the doubt.” (Par. 203). That’s not what this IJ did!
  - Also, in the remand order, the BIA specifically rejected the IJ’s finding that this gross harm to the respondent was “individualized” and “personalized” and therefore not a basis for an asylum claim — something not mentioned by the IJ in his “certification.”

Another, better qualified Immigration Judge in the 5th Circuit recently granted a similar case for a Honduran woman. https://immigrationcourtside.com/wp-content/uploads/2022/06/Immigration-Judge-Asylum-Decision-5-6-2022-Redacted.pdf.

- - Counsel for the applicant is well aware of this “better analysis” and could have argued it. But, in his snarky haste to prejudge and deny needed protection, this Houston IJ didn’t even give the parties a chance to participate in his “return to sender” (“certification”) nonsense.
  - A better functioning expert BIA would have long ago provided precedential guidance granting cases like this — adopting and amplifying the rationale of the IJ in the Honduran case.
  - Additionally, the BIA remand instructed the IJ to inquire of the DHS as to whether this victim of multiple rapes with no apparent criminal record or other adverse factors was and “enforcement priority” under applicable DHS guidelines — something that the IJ contemptuously and improperly did not do! Indeed, he didn’t seek any input from the parties despite being instructed to do so.

Unquestionably, being an El Salvadoran woman is a) immutable or fundamental to identity; b) highly particularized, and c) socially visible, as recognized by the Salvadoran government and everyone in El Salvador, thereby clearly qualifying as a “particular social group.”
Like the rest of the Northern Triangle, femicide, and abuse of women because they are women is endemic in El Salvador. Five minutes of internet research by a competent judge, assisted by good lawyers, would have turn up mountains of compelling, actually irrefutable, evidence of such uncontrolled abuse. Try the research yourself. See, e.g., https://doi.org/10.3389/fpsyg.2022.867945; https://immigrationcourtside.com/2021/06/05/🇺🇸🗽⚖%EF%B8%8Fgeorge-w-bush-institute-report-gender-violence-☠%EF%B8%8F⚰%EF%B8%8Fdrives-continuing-refugee-flow-to-u-s-dishonesty-o/ (this is from the George W. Bush Institute, no less).
There is also plenty of reliable evidence that El Salvador, like the rest of the Northern and Triangle Governments, is basically a failed state — something publicly admitted by some Administration officials, including Special Envoy to the Northern Triangle Ricardo Zuniga. https://apple.news/A9FpzsjRAQ2OoAyQZzHZm1A (“democracy, the rule of law and the security situation continue to deteriorate”). The Salvadoran government is neither willing nor able to provide a reasonable level of protection to women like this applicant. Indeed, there is likely sufficient evidence for a better BIA to establish a “rebuttable presumption of failure of state protection” in El Salvador and the rest of the Northern Triangle.
Temporary Appellate Immigration Judge Gabe Gonzalez, author of the remand, is one of the better BIA judges. But, his remand could have been even stronger. He could have reversed this IJ and granted asylum on this record. Why “beat around the bush” on grantable cases that are being mishandled by “chronically over-denying IJs” below? At this point, removal of this particular judge from the case would be more than justified. Cases like this certainly raise the legitimate question of why IJs who sit around inventing reasons to deny relief to those in need of protection are on the Immigration Bench in the first place. There are certainly better-qualified judicial choices — many of them located in Texas — who could bring legitimacy, quality, and efficiency to Garland’s dysfunctional courts!
“Bogus lack of nexus” is one of the most overused grounds for improper denials of protection by EOIR judges at all levels. It’s part of the “any reason to deny” approach enabled by EOIR’s current “anti-asylum culture” — one that was overtly encouraged and promoted by the Trump DOJ.

- - Recently, a BIA panel led by Judge Ellen Liebowitz rebuked another high-denying IJ’s bogus nexus denial in a Houston, 5th Circuit case. See https://immigrationcourtside.com/category/department-of-justice/executive-office-for-immigration-review-eoir/board-of-immigration-appeals-bia/judge-ellen-liebowitz/. So, what isn’t THAT case a precedent — which would end the anti-asylum nonsense and intentionally wrong analysis employed by this judge? “Houston, we’ve got a problem!” What is Garland doing to solve it?
  - Inexplicably selecting Houston as one of the “test locations” for the new asylum regulations is “built to fail.” Without expert, positive guidance from qualified IJs in Houston (and the BIA) on granting asylum — something that this “denial centered court” simply doesn’t possess — there is every reason to believe that asylum seekers will not receive professional treatment or correct decisions from either the Asylum Office or the Immigration Court in Houston. And, relying on the BIA or, worse yet the “over the top” 5th Circuit,” to guarantee fairness and justice for asylum seekers? That’s a sick joke under current conditions!

8) Poorly reasoned, legally incorrect asylum denials and frivolous actions like the IJ’s “certification” in this case are a major factor in generating a 1.8 million case EOIR backlog and enabling a lawless, non-expert, anti-immigrant “culture of denial” at EOIR. Many grantable asylum cases languish in the backlog, are subjected to “Aimless Docket Reshuffling,” and then are wrongfully denied by poorly performing judges at both levels of EOIR.

9) EOIR suffers from poor leadership, a poorly performing BIA that overall lacks the expertise and courage to grant the large number of deserving asylum cases currently languishing in the EOIR backlog, and to set proper legal standards that will guide Immigration Judges and Asylum Officers in efficiently granting deserving cases at the first level of the system.

10) Garland should remove or reassign the “under-performers” and “non-performers” at EOIR and replace them with qualified experts committed to best practices and “guaranteeing fairness and due process for all” (EOIR’s now long-forgotten and dishonored mission).

11) Lives and the future of democracy are at stake here! America simply can’t afford the “institutionalized nonsense” still rampant at EOIR as illustrated by this case!

12) Also, EOIR’s performance in this cases is inconsistent with almost every sentence of the recent “LA Declaration.” Issuing statements of principle that are directly contradicted by your actual practices is a bad idea!

This has been a bad week for individual rights and particularly the rights and humanity of women in America. Garland can’t fix the out of control, “fringe-right,” Supremes’ majority. But, he can fix EOIR! And, that would be a long overdue and desperately needed first step toward fixing the entire broken and foundering Federal Court system. Start “at the retail level” with what you have the power to fix and work from there!

🇺🇸 Due Process Forever!

PWS

06-24-22

🤮☠️ AMERICA’S KIDDIE GULAG: CRUEL, INHUMAN, GROTESQUE, UNNECESSARY, INDEFENSIBLE! — The Biden Administration Knows That! — Yet, They Destroy Our World’s Future Promise For A Thoroughly Debunked & Discredited White Nativist Immigration/Racial Agenda! — WHY? 🤯

Julia Preston
American Journalist
The Marshall Project

Anna Flagg
Senior Data Reporter
The Marshall Project

https://www.politico.com/news/magazine/2022/06/16/border-patrol-migrant-children-detention-00039291

INVESTIGATION

‘No Place for a Child’: 1 in 3 Migrants Held in Border Patrol Facilities Is a Minor

Thousands of kids have been routinely detained in cold, overcrowded cells built for adults, while authorities have resisted improving conditions.

By ANNA FLAGG and JULIA PRESTON

06/16/2022 04:30 AM EDT

.ST1{FILL-RULE:EVENODD;CLIP-RULE:EVENODD;FILL:#FFF}

Anna Flagg is The Marshall Project’s senior data reporter.

Julia Preston is a contributing writer at The Marshall Project.

This article was published in partnership with The Marshall Project, a nonprofit news organization covering the U.S. criminal justice system. Sign up for their newsletters, and follow them on Twitter, Instagram and Facebook.

During their harrowing journey from Venezuela to the Texas border, the three Zaragoza children liked to imagine the refuge they would find when they reached the United States, a place where they would finally be free from hunger and police harassment and could simply be kids

Instead, when they reached the border in March, they were detained — dirty with mud from the Rio Grande and shivering with cold — in frigid cinder block cells. They spent sleepless nights on cement floors, packed in with dozens of other children under the glare of white lights, with agents in green uniforms shouting orders.

The siblings were booked by officers who asked questions they didn’t understand and were told to sign documents in English they couldn’t read. Even after their release three days later, they feared the U.S. would never be the haven they had longed for.

Since early 2017, one of every three people held in a Border Patrol facility was a minor, a far bigger share than has been reported before now, according to an analysis by The Marshall Project of previously unpublished official records. Out of almost 2 million people detained by the Border Patrol from February 2017 through June 2021, more than 650,000 were under 18, the analysis showed. More than 220,000 of those children, about one-third, were held for longer than 72 hours, the period established by federal court rulings and an anti-trafficking statute as a limit for border detention of children.

For most young migrants crossing without documents, the first stop in the U.S. is one of some 70 Border Patrol stations along the boundary line. The records reveal that detaining children and teenagers has become a major part of the Border Patrol’s everyday work. The records also show that conditions for minors have not significantly improved under President Joe Biden. While the numbers of kids in Border Patrol custody peaked in 2019 under former President Donald Trump, they rose again when Biden took office and have remained high.

Those numbers could surge to new highs when the Biden administration eventually lifts Title 42, a public health order that border authorities have used for more than two years to swiftly expel most unauthorized border crossers, including many children.

But the Border Patrol has resisted making changes to its facilities and practices to adapt to children, even while officials acknowledge that the conditions young people routinely face are often unsafe.

“A Border Patrol facility is no place for a child,” Homeland Security Secretary Alejandro Mayorkas, the nation’s highest immigration official, has repeatedly said. However, even now, as authorities are scrambling to beef up enforcement and expand detention capacity in preparation for a post-Title 42 influx, the Border Patrol’s basic approach to kids remains the same: Just move them out of custody as fast as possible.

Without broader changes, many thousands of kids seeking protection will remain at risk for harsh, demeaning and sometimes dangerous treatment as their first experience of the United States.

. . . .

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

Read Anna’s and Julia’s complete, disturbing, infuriating report at the link. Unnecessary, immoral, inappropriate, and just plain stupid and evil! Did I mention stupid and evil?

Thanks, in part, to the Trump Administration’s policies of racist child abuse masquerading as “immigration enforcement,” there is a large body of recent, available, accessible empirical data on the devastating effects on children, families, society, and our world’s future of immigration enforcement that targets children, teens, and other vulnerable groups!

The “perps” of these repulsive policies will “check out” at some point in the future. The Biden Administration, which pledged to do better but disgracefully hasn’t delivered, also can’t and should not escape accountability.

The damage they are inflicting on future generations and the ability of our world to harness and utilize in a cooperative fashion the “human capital” needed for our planet’s and humanity’s survival is totally unacceptable! People of intelligence, courage, energy, innovation, and compassion must work together to stop this disgraceful abuse. Those chosen as responsible leaders and officials in the future must represent “our better angels!” 😇

While those of us in the “senior generation” who believe in social justice and a better future for humanity will continue the fight, our “time on the stage” is inexorably winding down. It will be up to the NDPA and the rest of the upcoming generation — in America and elsewhere — to decide what kind of world they want to live in and what they are willing to do, and sometimes sacrifice, to make it happen.

As I have said many times: “We can diminish ourselves as a nation, but it won’t stop human migration!”

It’s past time for a better, more realistic, more human, and “robustly humane” approach to human migration!😎 One that focuses on the long-term welfare of children and society, NOT short-term mythical “enforcement goals” or fears!

🇺🇸Due Process Forever!

PWS

06-20-22

🏴‍☠️ATROCITY RULES! — SCOFFLAW GOP JUDGES ON 5TH CIR. RUN OVER LAW, CHEVRON, BASIC HUMAN RIGHTS, CONSTITUTION TO INFLICT GRATUITOUS ABUSE ON ALREADY ABUSED REFUGEE WOMEN OF COLOR!⚖️👎🏽 — Her Ex-Partner in El Salvador “grabbed her by the hair, threw her on the sofa, and hit her.” But, Judge Leslie H. Southwick and his misogynist buddies had more abuse and dehumanization in store for her when she asked for legal protection!

Trial By Ordeal — No “particular social group” here says 5th Circuit Judge Southwick and his buddies Jones and Oldham. Just a little “good old fashioned trial by ordeal.”
17th Century Woodcut
Public Realm
Source: Ancient Origins Website
https://www.ancient-origins.net/history/trial-ordeal-life-or-death-method-judgement-004160

Toxic Trio of “America’s Worst & Most Cowardly Judges” sticks it to Salvadoran refugee woman who survived domestic violence in country where femicide is rampant and uncontrolled by corrupt and inept government.

Lopez Perez v. Garland, 5th Cir., 06-02-22, published

https://www.ca5.uscourts.gov/opinions/pub/20/20-60131-CV0.pdf

BEFORE: Edith Jones (Reagan), Andrew Oldham (Trump), and Leslie H. Southwick (Bush II) Circuit Judges

OPINION: Judge Southwick

Lopez-Perez argues here that the IJ erred under Matter of A-R-C-G- by concluding that she had not established a nexus between her persecution and her social group. Further, she argues that the IJ incorrectly decided that the government of El Salvador was willing and able to protect her.2 These issues were identified in her Notice of Appeal and are preserved for our review here.

It is true that the IJ concluded that Lopez-Perez had not demonstrated the requisite nexus and further that she had not shown that the government was unable or unwilling to help her. Although the IJ’s analysis was cursory, we nonetheless conclude that his decision must be upheld because remand would be futile. Jaco, 24 F.4th at 406. The IJ intimated that Lopez-Perez’s proffered social groups — “Salvadoran women in domestic relationships who are unable to leave; or Salvadoran women who are viewed as property by virtue of their position in a domestic relationship” — were cognizable.

2 Lopez-Perez also argues for the first time that we should remand to the IJ for consideration in light of intervening decisions in Matter of A-B-, 27 I. & N. Dec. 316 (Att’y Gen. 2018) and Grace v. Whitaker, 344 F. Supp. 3d 96 (D.D.C. 2018), aff’d in part, rev’d in part sub nom. Grace v. Barr, 965 F.3d 883 (D.C. Cir. 2020). We decline this invitation. In addition to the fact that this argument was not raised in her Notice of Appeal, Matter of A- B- has been overruled, see A-B- III, 28 I. &. N Dec. 307 (Att’y Gen. 2021), and this court specifically rejected Grace in Gonzales-Veliz, 938 F.3d at 233–34. See also Meza Benitez v. Garland, No. 19-60819, 2021 WL 4998678, at *4 (5th Cir. Oct. 27, 2021) (explaining this Circuit’s rejection of Grace).

7

Case: 20-60131 Document: 00516340524 Page: 8 Date Filed: 06/01/2022

No. 20-60131

We have disagreed, holding that circularly defined social groups are not cognizable. See id. at 405; accord Gonzales-Veliz, 938 F.3d at 226. Indeed, the social groups identified in Jaco are nearly identical to those claimed by Lopez- Perez: “Honduran women who are unable to leave their domestic relationships . . . and Honduran women viewed as property because of their position in a familial relationship.” Jaco, 24 F.4th at 399. Because the IJ is bound to follow the law of this circuit on remand, he would be forced to conclude that Lopez-Perez’s social groups were not cognizable, thus ending the analysis. See In re Ramos, 23 I. & N. Dec. 336, 341 (BIA 2002) (noting that the BIA is “unquestionably bound” to follow circuit court rulings).

We DENY the petition for review.

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

It’s worthy of note that neither party challenged the propriety of the “particular social group!” So, this panel actually went beyond the issues before them to “stick it to” this abused refugee woman by gratuitously rejecting a well-established formulation of a “particular group” that has been the basis for granting protection in literally thousands of cases going back over two decades. (I note that even before A-R-C-G-, in Arlington the DHS Counsel routinely accepted this formulation of a “PSG” based on the so-called “Martin Memo” from DHS.)

Perhaps, that’s because even this panel acknowledged that the IJ’s “nexus analysis,” the actual ground of denial was “cursory.” In other words, this vulnerable women sought legal protection only to be shafted by poorly qualified Federal Judges at every level — the Immigration Court, the BIA, and the Fifth Circuit!

Here’s what Wade Henderson, then President and CEO of the Leadership Conference on Civil and Human Rights had to say about Judge Leslie H. Southwick in opposition to his confirmation:

Given the tremendous impact that federal judges have on civil rights and liberties, and because of the lifetime nature of federal judgeships, no judge should be confirmed unless he or she demonstrates a solid commitment to protecting the rights of all Americans. Because Judge Southwick has failed to meet this burden, we must oppose his confirmation.

https://civilrights.org/resource/opposition-to-the-nomination-of-judge-leslie-h-southwick/

Here’s what Michael Barajas of the Texas Observer had to say about Judge Edith Jones:

JONES HAS COMPARED ANYONE WHO BUYS THE ARGUMENT THAT TEXAS LAWMAKERS INTENTIONALLY PASSED A RACIST LAW TO “AREA 51 ALIEN ENTHUSIASTS.”

https://www.texasobserver.org/fifth-circuit-appeals-judge-edith-jones/

Here’s what the progressive group “Suit Up Maine” had to say about Judge Andrew Oldham at the time of his confirmation:

ANDREW OLDHAM: Confirmed by the Senate on July 18, 2018. Collins voted YES; King voted NO. Nominated to be federal judge for the 5th Circuit Court of Appeals, Oldham is young, aggressively conservative, and has been involved in controversial litigation that emphasized ideology over the law. Oldham has worked on cases aimed at limiting reproductive rights, challenging the Affordable Care Act, challenging California’s law requiring good cause for concealed carry of firearms, and challenging habeas rights, all of which were ultimately unsuccessful. He defended Texas laws that limited women’s access to abortions that were ultimately determined by the Supreme Court to put “undue burden” on women’s right to choose. His challenge to the Affordable Care Act based on the “Origination Clause” of the Constitution was dismissed by the 5th Circuit for lack of standing. He attempted to barr the use of habeas corpus claims by two plaintiffs, but appeals courts allowed the claims. He also filed an amicus brief on behalf of multiple states (including Maine) using the Second Amendment to challenge a California law requiring good cause for concealed carry of firearms. The 9th Circuit ruled that the Second Amendment does not protect a right to concealed carry of firearms. Additionally, Oldham was involved in challenging the EPA’s greenhouse gas rules under the Clean Air Act, and he defended Texas campaign finance laws that were being challenged by multiple nonprofits and political committees under the First Amendment. His record of unsuccessful attempts to shape the law according to his own conservative ideology suggests that this bias is likely to accompany him to the federal bench.

https://www.suitupmaine.org/extremist-judicial-appointments/

All these fears, criticisms, and predictions of bias have proved to be all too well-founded in the mal-performance of this “Toxic Trio” of far right ideologues.

“Heard (not Amber) on the street:

“So the one BIA precedent in the past 20 years that actually recognized a PSG as valid isn’t worthy of Chevron deference, but A-B- was?!!”
“No more judicial restraint? Why is DOJ not changing position and or dropping these cases?”
“The 5th Circuit decision claims to direct all IJs in the 5th NOT to apply ARCG. And, most 5th Circuit IJs are high deniers anyway, so they don’t exactly need encouragement.”
“Perhaps better IJs could think of creative ways to work around the 5th’s decision. But, they don’t exist in the 5th Circuit in Garland’s EOIR.”
“It also shows the problems caused by Garland’s failure to “redo” the BIA and the IJ corps on “Day 1.” By now, it’s too late.”

Unqualified, far-right Federal Judges, egged on and supported by Stephen Miller and GOP State AGs, have basically usurped the power of Congress and the Executive to set immigration policies. There is lots of contempt for humanity, racism, misogyny, religious intolerance, and disrespect for true individual liberty driving their vile and illegal agenda.

The Constitutional rights of all Americans and the future of our democracy is at stake here. Will enough folks wake up and resist this takeover before it ‘s too late? TBD!

🇺🇸Due Process Forever!

PWS

06-03-22

📖📚🅰️GW IMMIGRATION CLINIC “ACES” ♥️ “LIFE SAVING 101” 🛟 — “We did it!!! I am SO happy with the tears in my eyes!!!!”

GW Law Immigration Clinic Director Professor Alberto Benítez & Co-Director Paulina Vera

Professor Alberto Benitez reports:

Please join me and Professor Vera in congratulating Immigration Clinic client, K-H-, from Indonesia, and her student-attorneys, Jordan Nelson, Julia Yang, and Alex Chen. The client’s asylum application was filed on December 3, 2018, she had two interviews at the Asylum Office, on November 10, 2021 and March 2, 2022, and she was granted asylum on May 24, 2022. We received the notice today. The above-captioned is what K-H- said upon learning about her asylum grant.

K-H- is a lesbian woman. Throughout her life, she has had to hide her identity for fear that her family would disown her and that she would be arrested, physically harmed, or even killed if she was outed in her country. K-H- came to the U.S. in 2017 to work as a nanny. During that time, her host family was also hostile towards members of the LGBTQ+ community. Afraid once again, K-H- moved households and with the support of that host family and the Immigration Clinic, she decided to apply for asylum so that she could live her life openly as a lesbian woman. K-H- now volunteers for several LGBTQ+ initiatives, including a theater program for LGBTQ+ people of color. She finds that sharing her story is therapeutic. When Professor Vera asked how K-H- planned to celebrate, she replied that she will be celebrating with her new girlfriend.

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

Alberto Manuel Benitez

Professor of Clinical Law

Director, Immigration Clinic

The George Washington University Law School

650 20th Street, NW

Washington, DC 20052

(202) 994-7463

(202) 994-4946 fax

abenitez@law.gwu.edu

THE WORLD IS YOURS…

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

Congrats again to my friends Alberto and Paulina and their talented students!

Proving the “Dzubow Rule:” “The winners are out here! We just have to get them represented and to merits determinations before competent adjudicators in a hopelessly backlogged system.”

How many refugees like K-H- have been arbitrarily and illegally returned to danger and harm by the Biden and Trump Administrations with no process at all, let alone due process of law? Cutting off the right to make and be fairly heard on claims to asylum and mandatory legal protection is a major human rights violation by our Government!

🇺🇸 Due Process Forever!

PWS

06-02-22

⚖️🗽HUMAN RIGHTS FIRST ON EVERYTHING THAT’S WRONG ABOUT TITLE 42🏴‍☠️! — Also, Positions With HRF Available: Fight The Scofflaws, Nativists, Deniers, Fear-Mongers, & Enablers Who Made Title 42 & Other Degrading White Nationalist Policies Possible, & Those Who “Continue To Defend The Indefensible!”

humanrightsfirst.org

Dear Paul:

After two years of advocacy by Human Rights First and our allies, President Biden announced that his administration would end Title 42 this Monday, May 23. Instead, a suit by attorneys general mirroring the talking points of the Trump administration blocked the end of this inhumane policy.

We will continue to push for the end of the misuse of Title 42 and advocate for fair and just asylum system until we succeed and refugees are welcomed with dignity to the United States.

Taking action on Title 42

The Biden administration had announced a plan to end on May 23 the misuse of Title 42 public health regulations that have barred asylum seekers at the border for the past two years. On Friday a federal court in Louisiana forced the continuation of this egregiously inhumane policy.

Anwen Hughes, Director of Legal Strategy for Refugee Programs responded, “The court’s ruling requires the continuation of a public health policy that public health experts have concluded is not needed, and allows the continued evasion of U.S. immigration and refugee laws.”

Human Rights First joined 57 partner organizations in an amicus brief in this case detailing the human costs of using this policy at the border. Our most recent report, authored with allies Al Otro Lado and Haitian Bridge Alliance, underscored how extending Title 42 escalates dangers to asylum seekers, exacerbates disorder at the border, and magnifies discrimination in the system.

Courtesy Reuters

Migrants expelled from the U.S. are sent back to Mexico over the Paso del Norte International border bridge.

“Every day that the Title 42 order remains in place is a day when the United States is turning away people seeking refuge to places where their lives are in danger.”

Eleanor Acer appeared on Al Jazeera Friday night to discuss the continuation of Title 42.

Human Rights First President and CEO Michael Breen joined Rep. Pramila Jayapal, Chair of the Congressional Progressive Caucus, Mary Kay Henry, International President of the Service Employees International Union (SEIU), and Marielena Hincapié, Executive Director of the National Immigration Law Center (NILC), in a press call on Monday, the day that should have marked the end of the use of Title 42.

Speakers called for the end of this cruel policy and reiterated the need for a fair and humane asylum system that centers the dignity of all people.

“It is encouraging that the Justice Department quickly filed an appeal to the Louisiana court’s ruling, which extends the use of a policy, ostensibly based on public health, that public health experts have concluded is not needed. Now it is critical that the administration take all necessary steps to defend the CDC’s decision to end the use of Title 42,” said Breen.

A recording of the press event is available here.

Finally, two key members of our refugee protection research team, Kennji Kizuka and Associate Attorney for Refugee Protection Julia Neusner are at the border this week, reporting on the impact of Title 42 and Remain in Mexico on asylum seekers. Please follow their up-to-the-moment reports on Twitter — @JuliaNeusner and @KennjiKizuka.

Introducing new members of our team

Yesterday, Human Rights First was pleased to announce the addition of two critical new members of our program addressing extremism, Erin E. Wilson as the Senior Director for Extremism and Human Rights and Elizabeth Yates, Ph.D. as Senior Researcher on Antisemitism.

Over her 20-year career, Wilson established herself as an expert on domestic extremism, serving as a senior policy strategist and analyst in the U.S. Government’s executive and legislative branches. She has extensive experience with stakeholders in communities around the world as well as federal, state, local agencies and law enforcement partners to address extremism using a rights-centered approach.

Erin E. Wilson

Senior Director of

Extremism & Human Rights

Elizabeth Yates, Ph.D.

Senior Researcher

on Antisemitism.

Yates served at the National Consortium for the Study of Terrorism and Responses to Terrorism (START) at the University of Maryland, contributing to their work on domestic extremism and hate crimes. She co-authored numerous reports and articles on topics including extremism in the U.S. military, the growth of anti-Muslim terrorism, mass casualty hate crimes, and disengagement from right-wing extremism. Her analysis and commentary have regularly been featured on local and national news.

“Domestic extremism and antisemitism are two sides of the same coin, and Human Rights First is working to take that currency out of circulation,” said Michael Breen. “We are certain that as Human Rights First works to counter white supremacist extremism and the existential threat it poses to American democracy, the experience and tenacity Erin Wilson and Elizabeth Yates have long shown on these issues will be great resources.”

Join our Spring Social

We are thrilled to welcome Segun Oduolowu as emcee at our Spring Social!

Oduolowu joined PEOPLE (The TV Show!) as a correspondent this year after hosted the nationally syndicated television show, The List. With Bounce TV network, Segun executive produced Protect or Neglect, a documentary focused on police brutality in underserved communities.

He was co-host of See It/Skip It, a weekly Facebook Live show produced by Rotten Tomatoes and he has appeared on Access Hollywood, The Wendy Williams Show and contributed to international programs for CNN, the BBC and Deutsche Welle.

The emcee for our June 8

Spring Social, Segun Oduolowu

Please join us and Segun Oduolowu for cocktails on the roof of the Bryant Park Grill in New York City on June 8 from 5:30 to 8pm EDT to honor the work of human rights defenders & highlight our work responding to the crises in Ukraine and Afghanistan.

Get your tickets now for what promises to be a great evening!

Returning to Afghanistan

If you missed our live webinar “Tenets and Terrors: The Ideology and Violence of the Taliban in Afghanistan,” an in-depth look at the key factors, background, and worldview that motivates the Taliban, you can still participate in this important event by watching our recording or reading the transcript here.

Human Rights First is hiring

Human Rights First seeks passionate team members who are interested in changing lives, impacting policy, and moving public opinion.

Please check out our careers page and apply to join us today.

Watch for more news as our work for human rights continues. And please stay in touch on social media:

PLEASE MAKE HUMAN RIGHTS A PRIORITY IN YOUR LIFE

The work we do would not be possible without your donations

Unsubscribe

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Not surprisingly, things have gone downhill for the Biden Administration on multiple fronts since their initial failure to hit the ground running with a strong condemnation and revocation of the Title 42 travesty!

Here’s a chance for the “new generation” of theNDPA to “sign on” with HRF and fight nativist racism on all levels! There is no end in sight for the need for actions to force the Biden Administration, the U.S. Government, Federal Courts, and state and local governments to comply with the law and our (not yet completely and equally implemented) Constitutional guarantees. Fight the “good fight” to end “dehumanization of the other” which, shockingly, has become SOP for the GOP right and their enablers!

Check out the link to the HRF Careers Page above!😎👍🏼⚖️🗽

🇺🇸 Due Process Forever!

PWS

05-27-22

☠️👎🏽DEM’S CATASTROPHIC DUE PROCESS FAILURE: AS PREDICTED, GARLAND’S “DEDICATED DOCKETS” ARE “ASYLUM FREE ZONES” TARGETING CHILDREN!🤮

“Floaters” — Garland’s vision of “justice” for refugee children appears to be little different from that of Stephen Miller and his White Nationalist predecessors at DOJ!
EDS NOTE: GRAPHIC CONTENT – The bodies of Salvadoran migrant Oscar Alberto Mart??nez Ram??rez and his nearly 2-year-old daughter Valeria lie on the bank of the Rio Grande in Matamoros, Mexico, Monday, June 24, 2019, after they drowned trying to cross the river to Brownsville, Texas. Martinez’ wife, Tania told Mexican authorities she watched her husband and child disappear in the strong current. (AP Photo/Julia Le Duc)

Cindy Carcamo reports for the LA Times:

BY CINDY CARCAMO STAFF WRITER

MAY 25, 2022 11:56 AM PT

After drug traffickers killed his little brother, William and his 6-year-old son, Santiago, fled Colombia last September to seek asylum in the United States.

Unbeknownst to William, who ended up in Los Angeles with a friend, he and his son immediately became part of a cohort of thousands of families in a “dedicated docket” program that the Biden administration established in 11 cities, including Los Angeles, in May 2021.

In response to a sudden rise of apprehensions last spring of families and children at the Southwest border, Biden promised the accelerated docket would resolve cases “more expeditiously and fairly.” These sorts of programs have existed in various forms under previous administrations; Biden’s program pushes immigration judges to resolve cases in 300 days, significantly shorter than the 4.5-year average of asylum cases in immigration court.

But according to a new Center for Immigration Law and Policy at UCLA Law report, the docket’s fast-track timeline has imposed new hardships on many asylum seekers and created additional obstacles that ultimately lead to higher rates of deportation orders, sometimes based on legal technicalities.

For William — who didn’t want his last name published, fearing reprisal against his family still living in Colombia — the docket’s expeditious nature meant he had only six weeks to secure legal representation before his first court hearing, leaving him to navigate a complex and often confusing system without an attorney. Immigration officials provided him with documents heavy with legal jargon in English. He could read only in Spanish.

In addition, those on the docket are released with “alternatives to detention,” which means they are monitored, either with an ankle bracelet or via a phone application. Immigration officials shackled William with a GPS monitor on his ankle before releasing him and his son.

Ultimately, an immigration judge ordered William and his 6-year-old to be deported in “absentia” when they didn’t show up for their court hearing at U.S. Immigration Court in downtown Los Angeles. In fact, at the time the judge gave the order, William was in the building, but was three floors below the courtroom in a waiting area at the direction of an Immigration and Customs Enforcement official. By the time William was told he was in the wrong place, the judge had already ordered the father and son’s removal from the U.S.

In Los Angeles, an estimated 99% of the 449 cases completed on the dedicated docket as of February of this year resulted in removal orders and about 72% of those cases were issued to people who missed their court hearing — “in absentia” — according to a report released Wednesday by the Center for Immigration Law and Policy and Immigrants’ Rights Policy Clinic at UCLA School of Law

Perhaps most striking, the report shows that almost half of those in absentia removal orders are for children, many 6 and younger.

In addition, court data analyzed in the report show that an estimated 70% of people on this particular docket don’t have legal counsel. In contrast, an estimated 33% of those on the Los Angeles court’s non-accelerated docket lack legal counsel.

The nature of the accelerated dockets made it nearly impossible for asylum-seekers to get a fair hearing, the report’s authors concluded. The high absentia rate, the report concluded, is a red flag that the dedicated docket isn’t working as it should.

. . . .

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

Read the rest of Cindy’s totally disturbing article at the link!

Sadly, this news will come as no surprise to readers of “Courtside.” Having watched these types of efforts to co-opt the Immigration Courts as a vehicle of unfair, racially motivated “deterrence” and “enforcement,” I could see that this program was going to be an unmitigated disaster at EOIR, given Garland’s failure to install progressive judicial leadership and human rights and due process expertise into the broken and biased system he inherited from Sessions and Barr.

The NDPA is going to have to “dig in” and fight Garland and Mayorkas every step of the way, at every level of the system, to save as many lives as possible from their disgraceful continuation of a “Miller Lite” White Nationalist, anti-immigrant program of abusing and dehumanizing asylum seekers — most individuals of color and many of them children or other “vulnerable individuals.”

🇺🇸 Due Process Forever! Garland’s dysfunctional, biased, leaderless, soul-less, ethically challenged EOIR, never!

PWS

05-26-22

🏴‍☠️SCOFFLAW NATION! — TRUMP US JUDGE, GOP NATIVIST AGs CONTINUE TO DUMP ON ASYLUM SEEKERS, ☠️ HANDING HUMAN SMUGGLERS A HUGE VICTORY!🤮

Andrea Castillo reports for the LA Times:

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=80d73090-8dd0-48a7-a802-afbc852fc2f8

. . . .

A family in Tijuana who wanted to request asylum and advocacy groups including Innovation Law Lab sought to intervene in the lawsuit. They argued that a court order keeping Title 42 in place should only apply to states involved with the suit. Summerhays denied their request.

Alicia Duran Raymundo, her partner and their 6-year-old daughter fled El Salvador after gang members threatened to torture and kill them. She said in a news release from her lawyers last week that they wanted to live with extended family in California while pursuing asylum, but instead joined the thousands of migrants living in Mexican border towns while they wait for the U.S. to reopen its doors.

“We’ve tried many times to ask for asylum but they just tell us the border is closed,” Duran said.

Seeking asylum is a legal right guaranteed under federal and international law, regardless of how someone arrived on U.S. soil. Some of those turned away are fleeing persecution, while others pushed out by turmoil in their home countries seek jobs and security.

Though migrants can’t seek asylum under Title 42, they can still be screened under the United Nations Convention Against Torture. But those screenings are more difficult to pass.

Lee Gelernt
Deputy Director
ACLU Immigrants’ Rights Program
PHOTO: ACLU

Lee Gelernt, deputy director of the American Civil Liberties Union’s immigrant rights project, noted that regardless of Friday’s decision, a prior ruling in Washington, D.C., District Court taking effect Monday prevents Title 42 from applying to families who face persecution or torture if they are expelled. Gelernt is lead attorney in that case.

“Hypocritically, the states that brought this lawsuit seemingly care about COVID restrictions only when they involve asylum seekers,” he said. “The lawsuit is a naked attempt to misuse a public health law to end protections for those fleeing danger.”

. . . .

Migrants have been removed from the U.S. nearly 2 million times since Title 42 was first used in March 2020, in some cases to dangerous situations in which they’ve been tortured or raped.

. . . .

Aaron Reichlin-Melnick
Policy Counsel
American Immigration Council
Photo: Twitter

Aaron Reichlin-Melnick, senior policy counsel at the American Immigration Council, predicted that Title 42 is likely to stay in place until at least next year.

Summerhays’ decision signals that while the Biden administration can establish a policy under emergency conditions, terminating it requires a rulemaking comment period that could take six months to a year.

Louisiana and the other states are not arguing that the policy can never end, Reichlin-Melnick said, but they’re imposing judicial roadblocks to delay it. The CDC is likely to try to end the policy again while satisfying the judge’s demands, he said.

In the meantime, he said, “we’re going to see an ever higher number of repeat crossings. Look at the border and tell me Title 42 works.”

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

The case is Louisiana v. CDC, WD LA, 05-20–22. Here’s a link to the opinion:

https://www.bloomberglaw.com/public/desktop/document/LouisianaetalvCentersforDiseaseControlPreventionetalDocketNo622cv/7?1653080541

Read Andrea’s full report at the above link!

Of course Title 42 doesn’t work! But, it’s never been about a “working” border asylum policy. NO, it’s always been about cruelty fueled by nativist racism!

🇺🇸Due Process Forever!

PWS

05-21-22

🤮INEFFECTIVE ASSISTANCE/DEFECTIVE COURTS — 3rd Cir. Exposes Massive Due Process Failure @ Garland’s EOIR! — St. Ford v. A.G.

https://www2.ca3.uscourts.gov/opinarch/211729p.pdf

From Judge Roth’s opinion:

The need for effective assistance of counsel applies in immigration law just as it does in criminal law. Aliens, many of whom do not speak English and some of whom are detained before their immigration hearings, can be particularly susceptible to the consequences of ineffective lawyers.

Petitioner Arckange Saint Ford paid a lawyer to represent him in removal proceedings, but Saint Ford’s requests for relief from deportation were denied after the lawyer failed to present important and easily available evidence going to the heart of Saint Ford’s claims. Saint Ford retained new counsel, and his new lawyer asked the Board of Immigration Appeals to reopen his case because of his former attorney’s ineffective assistance. The Board declined to do so. Because Saint Ford presents a meritorious ineffective-assistance claim, we will vacate the Board’s decision and remand.

And concurring Judge Ambro had a harsh assessment of the IJ, the BIA, and most of all A.G. Garland, who has been remarkably “tone deaf” about correcting the grotesque expertise and due process problems in his “wholly owned, astoundingly dysfunctional” Immigration “Courts:”

Arckange Saint Ford will get a second shot at canceling the Government’s order of removal—that’s what matters. The majority is remanding because of his former counsel’s deficient performance at Saint Ford’s removal hearing. I agree with that and concur in full.

But former counsel was not the only one who made significant missteps at the hearing. The Immigration Judge did as well. I therefore would have granted Saint Ford’s initial petition for review and remanded on that basis. I write separately to explain these errors in the hope that similar ones will not be made at Saint Ford’s new hearing.

. . . .

Here, though it was reasonable to request Saint Ford corroborate his testimony about the identity and motive of his harassers, the IJ did not tell him what corroboration she needed or give him a chance to present that evidence. There is no indication she engaged in the Abdulai inquiry as required before skipping straight to “hold[ing] the lack of corroboration against [Saint Ford].” Id. (alterations adopted). She went from first to third across the pitcher’s mound. Our Abdulai inquiry is there to ensure these important corners aren’t cut.

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

What’s wrong with this picture? Going on two decades after the enactment of the REAL ID Act, this IJ gets basic corroboration wrong on a life or death asylum case. Then, she compounds the error by failing to apply a two-decades old circuit precedent. The case sails through the BIA. Then, Garland’s OIL defends the indefensible. “Corner cutting” has become institutionalized, permitted, and even encouraged in today’s broken EOIR!

Meanwhile, it’s left to Circuit Judge Ambro to do the jobs of Garland, his failed BIA, and an IJ badly in need of remedial training! This is an expert tribunal? This is justice? This is due process? Gimmie a break!

This is squarely on Garland! He enables and defends defective, due-process-denying decisions by EOIR. His grotesque failure to appoint and empower a BIA that will end this nonsense and insist on competent legal performance from ALL Immigration Judges in these life or death cases is disgraceful!

Cases like this also “give lie” to the bogus claims that today’s EOIR is comprised of “experts” who can be trusted to remedy due process defects, model best practices, or (perhaps most absurdly) insure that the rights of all respondents, including the unrepresented, are protected. Why is a Dem Administration running a “due process denial machine?” Why is OIL defending the indefensible? Why is Garland still the AG, despite showing little interest and scant skill in creating a due process/fundamental fairness oriented tribunal at the “retail level” of our staggering justice system!

You don’t have to be a “rocket scientist” to trace the disrespect for the Constitutional, statutory, and human rights of migrants, largely individuals of color, to hate crimes, misogyny, curtailment of voting rights, and disrespect for equal justice and racial justice throughout our nation. The stunningly poor performance of the U.S. Immigration Courts under Garland also sets an unfortunate tone for the staggering and highly politicized Federal Court system from bottom to top!

🇺🇸 Due Process Forever!

PWS

05-19-22

THE GIBSON REPORT — 05-15-22 — Compiled By Elizabeth Gibson, Esquire, National Immigrant Justice Center (“NIJC”) — Racially Motivated Immigration Policies, Decisions, Take Center Stage In Light of Buffalo/California Killings!

Weekly Briefing

This briefing is designed as a quick-reference aggregation of developments in immigration law, practice, and policy that you can scan for anything you missed over the last week. The contents of the news, links, and events do not necessarily reflect the position of the National Immigrant Justice Center. If you have items that you would like considered for inclusion, please email them to egibson@heartlandalliance.org.

CONTENTS (jump to section)

PRACTICE ALERTS

NEWS

LITIGATION & AGENCY UPDATES

RESOURCES

EVENTS

PRACTICE ALERTS

ICE announces updated phased return to social visitation at detention facilities

NEWS

Supreme Court limits review of factual disputes in immigration cases

CNN: The ruling made it more difficult for non-citizens who are in removal proceedings to get a federal court to review factual determinations that were made by an immigration court concerning relief from deportation. Justice Amy Coney Barrett wrote the decision for 5-4 court. Conservative Justice Neil Gorsuch wrote the dissent for himself with the three liberal justices.

Buffalo shooting pushes ‘great replacement theory’ into national spotlight

The Hill: A mass shooting at a Buffalo grocery store that left 10 people dead has placed a national spotlight on a far-right conspiracy theory espoused by the suspected shooter. The so-called “great replacement theory” asserts that there is an intentional effort to replace white Americans with people of color by encouraging immigration.

Republicans Wrongly Tie Biden Immigration Policies to Baby Formula Shortage

NYT: Republican lawmakers have misleadingly suggested that the Biden administration is sending baby formula to undocumented immigrants at the expense of American families amid a national shortage.

Migrant disappearances quadruple in Mexico in 2021, says report

Reuters: The number of missing foreigners grew by 292% to 349 from 89 cases, said the report presented by the Jesuits’ Missing Migrant Search Program (SJM), a human rights organization.

“This Is America Motherfucker”: Witnesses Describe Border Patrol Killing Of Mexican Migrant

Intercept: Men traveling with Carmelo Cruz Marcos told authorities that Border Patrol agents tampered with evidence and sought to concoct a cover story. See also Border Patrol disbands units accused of covering up abuse.

Cubans are arriving to the US in record numbers. Smugglers are profiting from their exodus

CNN: As Cuba confronts the worst shortages of food and medicine in decades and runaway inflation, a new exodus of the island’s citizens is underway.

Cook County program providing legal help for immigrants starts taking cases

Chicago Sun-Times: In Chicago, there are more than 110,000 pending cases in immigration court, including more than 56,000 cases where people aren’t represented by an attorney, according to a data analysis from Syracuse University. The Midwest Immigrant Defenders Alliance is providing legal help to anyone who is in deportation proceedings in the immigration court in Chicago, even if the person lives in a different state.

LITIGATION & AGENCY UPDATES

Patel v. Garland

SCOTUSblog: Holding: Federal courts lack jurisdiction to review facts found as part of any judgment relating to the granting of discretionary relief in immigration proceedings enumerated under 8 U.S.C. § 1252(a)(2).

Matter of B-Z-R-, 28 I&N Dec. 563 (A.G. 2022)

AG: (1) Matter of G-G-S-, 26 I&N Dec. 339 (BIA 2014), is overruled. (2) Immigration adjudicators may consider a respondent’s mental health in determining whether an individual, “having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of the United States.” 8 U.S.C. § 1158(b)(2)(A)(ii); see id § 1231(b)(3)(B)(ii).

DOJ Lets Immigration Judges Consider Mental Health History

Law360: Immigration courts can once again consider whether a noncitizen’s mental health history lightens the immigration consequences of a conviction, according to a Monday decision from U.S. Attorney General Merrick Garland that overturns a 2014 Board of Immigration Appeals ruling.

BIA Erred On Money Laundering Deportation, 2nd Circ. Says

Law360: The Second Circuit has found the Board of Immigration Appeals erred in denying a South Korean citizen’s bid to stay in the country, deciding Monday the woman’s second-degree money laundering conviction is not enough to warrant deportation.

4th Circ. Erases Order Granting Detainees New Bond Hearings

Law360: The Fourth Circuit erased a lower court injunction requiring the Baltimore Immigration Court to conduct new bond hearings for detainees who say their first hearings were flawed, ruling Thursday that federal judges are barred from entering classwide injunctions over immigration bond hearings.

9th Circ. Orders BIA Review Of Nepalese Man’s Asylum Denial

Law360: The Ninth Circuit revived a Nepalese man’s bid for asylum and withholding of removal after finding the Board of Immigration Appeals discounted reports of the Nepali government’s lack of interest in stopping violence inflicted by a major political party.

CA9 on FOIA: Transgender Law Center v. ICE

LexisNexis: Yet here the advocates’ FOIA requests met first with silence and then with stonewalling; only after the advocates filed suit did the government begin to comply with its statutory obligations. Our task is to discern whether the government’s belated disclosure was “adequate” under FOIA. We conclude that it was not.

11th Circ. Says No Counsel Needed Before Immigration Judge

Law360: A split Eleventh Circuit panel on Wednesday denied a Haitian asylum seeker’s request to review a removal order, saying the man was not entitled to counsel when he appeared before the immigration judge who reviewed his asylum request.

Separated Migrant Families Can Continue Quest For Damages

Law360: Three Bay Area migrant families who were separated under the Trump administration’s zero-tolerance policy may continue to seek compensation for resulting harms they suffered after a California federal judge denied the government’s bid to move or toss the case.

Texas AG “Investigating” Texas Bar Foundation is an Attempt to Shift Attention and Undermine the Rule of Law

AIC: The Council and AILA stand in support of the Texas State Bar Foundation in response to Texas Attorney General Ken Paxton’s investigation of the Foundation for supporting organizations that provide legal representation, citizenship classes, and other legal needs to the immigrant community in Texas.

Foreign Pot Workers Not Barred From US, CBP Memo Says

Law360: A 2018 U.S. Customs and Border Protection document recently disclosed amid a lawsuit filed by Davis Wright Tremaine LLP indicates that foreign nationals working in legal cannabis industries aren’t inadmissible to the U.S., despite statements to the contrary from CBP officials.

USCIS Correction to South Sudan TPS Notice Regarding Expiration Date of Current EADs

AILA: USCIS correction to a typographical error in the 3/3/22 South Sudan TPS notice. USCIS is correcting the date from 9/17/21 to 5/2/22 as the expiration date that should be showing on South Sudan TPS-based EADs to receive an automatic 180-day EAD extension through 11/1/22.

House Panel Votes Yes On Independent Immigration Courts

Law360: The House Judiciary Committee voted 24-12 to advance a bill that would remove immigration courts from the U.S. Department of Justice and make them independent of the executive branch.

RESOURCES

AILA: Take Action: Tell Congress to Reduce ICE Detention Funding

CAIR: Sign on Letter to EOIR to Continue Expansion of Records Access

CLINIC: Frequently Asked Questions: Form I-134

DHS: Immigration Detention Ombudsman – Newsletter

IAN: Advocating for Clients with Mental Health Issues Handout

NILA: Practice Advisory: Bhaktibhai-Patel v. Garland and Judicial Review of Reasonable Fear and Withholding Only Proceedings

EVENTS

NIJC EVENTS

5/18/22 Pro Bono Training: Representing Immigrant Survivors Eligible For U Visas

6/28/22 Pro Bono Training: Asylum Pride Part 1

6/30/22 Pro Bono Training: Asylum Pride Part 2

GENERAL EVENTS

5/17/22 Advocating for Prosecutorial Discretion for Clients in Removal Proceedings

5/18/22 EOIR Pro Bono Listening Session

5/18/22 USCIS Backlog Reduction and Processing Times

5/18/22 Pro Bono Training: Representing Immigrant Survivors Eligible For U Visas

5/18/22 U Visa Webinar Series: Adjustment of Status

5/18/22 Representing Detained Immigrants In Bond Hearings

5/19/22 USCIS to Host Webinar on Filing Form I-821D For Individuals Who Previously Received DACA

5/19/22 Fighting Interpol Red Notices with guest speaker, Sara Grossman

5/19/22 Waivers in Removal Proceedings: Beyond the Basics

5/19/22 Special Immigrant Juvenile Status: Your Client’s I-360 Is Approved, Now What?

5/19/22 Title 42 and the State of Asylum in the United States

5/20/22 Best Practices in Working with Translators and Interpreters

5/20/22 AILA Chicago 2022 Spring Ethics Conference

5/21/22 Spring Ethics Conference Agenda

5/23/22 EOIR Public Forum on Immigration Court and BIA Practice Manuals

5/24/22 Current Issues in Afghan Asylum Claims

5/24/22 Obstacles to TPS Eligibility

5/24/22 Advanced FOIA Techniques

5/25/22 Hybrid Workshops: Exploring Workshop Innovations and Considering the Future of the Group Application Assistance Model

5/26/22 LSP Roundtable on Afghan Asylum Interviews

6/6/22 Strategies for Maximizing CGRS Technical Assistance in Fear-of-Return Claims

6/7/22 Asylum and Employment Authorization

6/7/22 Webinar Series: Overview of Citizenship: Acquisition, Derivation and Naturalization

6/8/22 ASISTA: Immigration Practice & Policy for Survivors: What’s New & What’s Next

6/8/22 Naturalization for People with Disabilities

6/10/22 Representing Immigrant Survivors During & Post-Covid: Considerations for Attorneys and Advocates

6/14/22-6/15/22 NIPNLG 2022 Annual Pre-AILA Crimes & Immigration Seminar

6/15/22 Preparing Your Client to Testify & for their USCIS Interview

6/20/22 NIPNLG’s Removal Defense Course

6/20/22-6/29/22 NIPNLG’s Removal Defense Course

6/22/22 Introduction to Immigrant Visa Consular Processing

7/5/22 Comprehensive Overview of Immigration Law (COIL)

7/13/22 CGRS Using Universal Expert Declaration in Immigration Court

8/31/22 What to Do When You Get a Decision from the Ninth Circuit

9/26/22 Comprehensive Overview of Immigration Law (COIL)

To sign up for additional NIJC newsletters, visit: https://immigrantjustice.org/subscribe.

You now can change your email settings or search the archives using the Google Group. If you are receiving this briefing from a third party, you can visit the Google Group and request to be added.

Elizabeth Gibson (Pronouns: she/her/ella)

Managing Attorney for Capacity Building and Mentorship

National Immigrant Justice Center

A HEARTLAND ALLIANCE Program

224 S. Michigan Ave., Suite 600, Chicago, IL 60604
T: (312) 660-1688| F: (312) 660-1688| E: egibson@heartlandalliance.org

www.immigrantjustice.org | Facebook | Twitter

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

The deterioration of the immigration dialogue, overt racism, poorly qualified judges at all levels making bad decisions, GOP White Supremacy, and failure of courage in the Biden Administration and on the part of some so-called Democrats have led to a deadly situation that threatens Americans and our democracy!

Immigrants’ rights are human rights! Ironically, the GOP with its aggressive “dehumanization campaign” recognizes this, even if some Dems don’t.

🇺🇸 Due Process Forever!

PWS

05-18-22

PORTLAND (ME) PRESS HERALD: THE OVERTLY RACIST “GREAT REPLACEMENT LIE” IS A STAPLE OF TODAY’S GOP 🏴‍☠️— The “War On Immigrants” Was Just The Beginning Of A Deadly Racist Campaign To Eliminate Democracy & Diversity!🤮

https://www.pressherald.com/2022/05/17/our-view-great-replacement-lie-runs-deep-in-republican-politics/?utm_source=Newsletter&utm_medium=email&utm_content=Daily+Headlines%3A++RSS%3AITEM%3ATITLE&utm_campaign=PPH+DH+-+TUESDAY+%28HTML%29

Our View: ‘Great replacement’ lie runs deep in Republican politics

Party leaders tolerate radical anti-immigrant ideology, even as it motivates racist massacres like last weekend’s mass shooting in Buffalo.

. . . .

After other racist massacres, we have asked Republican leaders to repudiate this false and dangerous ideology that is taking root in their party and shun anyone who traffics in it. But they never have, and we don’t expect them to do so now. The state party has attempted to appear more friendly to immigrants this year, opening a “Multicultural Center” in Portland. But the party showed no sign of separating itself from anti-immigration figures like Lockman at the recent party convention.

Apparently, the party needs the white-power extremists, just as it needs anti-immigrant, anti-transgender, anti-vaccination and QAnon elements, who may make up only a minority of the electorate but who provide the party with its energy and enthusiasm at election time.

We expect that Republican Party leaders, candidates and officeholders– who know that there is no such thing as a “great replacement” – will continue to keep their mouths shut about the extremists in their party so that they can ride their enthusiasm to control of Congress, the Blaine House and the state Legislature in November.

They are playing with fire, and we are all at risk.

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

Read the full editorial at the link!

“We are all at risk.” Certainly, that has been my message on “Courtside” since its inception in 2016!

That’s why it was, and continues to be, such a tragedy for our democracy that Democrats, once in power, have failed to aggressively stand up for “immigrants’ rights, due process for all, and drastic, meaningful, Immigration Court reform.”

Immigrant justice = racial justice = equal justice for all. And, the path to equal justice for all begins in the now disgracefully dysfunctional (but potentially due-process-enhancing) U.S. Immigration Courts where aggressive reforms and progressive judges in positions to “make a difference” are long overdue.

Often, the view is “clearer” from up here in Maine!

🇺🇸Due Process Forever!

PWS

05-17-22

SOUTHERN BORDER: BIDEN ADMINISTRATION FINALLY REVEALS PLAN FOR LIFTING TITLE 42 — Long On Enforcement, Deterrence, Punishment, Notably Short On Humanitarian Reforms, Positive Legal Guidance, Cooperation With NGOs, States, & Localities Who Welcome Refugees & Asylum Seekers !

Here it is:

https://www.dhs.gov/sites/default/files/2022-04/22_0426_dhs-plan-southwest-border-security-preparedness.pdf

Unfortunately, you have to get “down to the fine print” (page 13 of 20) find the paragraph that should be the “centerpiece of restoring the rule of law” — a functional legal asylum processing at ports of entry that would encourage refugees to present themselves there for fair and humane processing rather than seeking irregular entry with the help of smugglers.

Port of Entry Processing

The imposition of the Title 42 public health Order severely restricted the ability of undocumented noncitizens to present at POEs for inspection and processing under Title 8. The closure of this immigration pathway for much of the time Title 42 has been in effect has driven people between POEs at the hands of the cartels. Returning to robust POE processing is an essential part of DHS border security efforts. Beginning in the summer of 2021, DHS restarted processing vulnerable individuals through POEs under Title 8, on a case-by-case basis for humanitarian reasons, pursuant to the exception criteria laid out in CDC’s Title 42 Order. These efforts, which we have recently expanded, offer individuals in vulnerable situations a safe and orderly method to submit their information in advance and present at POEs for inspection and subsequent immigration processing under Title 8. We also have enhanced Title 8 POE processing through the development of the CBP One mobile application, which powers advanced information submission and appointment scheduling prior to an individual presenting at a POE. We will make this tool publicly available and continue to expand its use to facilitate orderly immigration processing at POEs.

13 of 20

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

The failure of Garland to appoint a new, expert BIA committed to due process and providing fair, practical positive guidance on the generous application of asylum law foreshadowed by INS v. Cardoza Fonseca a quarter of a century ago, but never realized in practice, is likely to become a millstone around the Administration’s neck. There is no substitute for due process and fundamental fairness. The current dysfunctional, mismanaged, and inappropriately staffed EOIR is not capable of providing the necessary leadership, consistency, and accountability.

Also, in light of U.S. District Judge Robert Summerhays’s “off the wall” decision in Arizona v. CDC, it’s not clear that Title 42 will ever be lifted.

🇺🇸Due Process Forever!

PWS

04-29-22

☠️🏴‍☠️👎🏽TRUMP JUDGES MAKING RULE OF LAW A FARCE: It’s Weeks From May 23, But Righty Judge Already Planning To Shaft Vulnerable Asylum Seekers!🤮

Rebecca Beitsch

Rebecca Beitsch @ The Hill:

A federal judge in Louisiana says he intends to block the Biden administration’s plans for rescinding Title 42, siding with GOP-led states that had asked for the courts to force the White House to temporarily retain the pandemic-era border policy.

The decision from Judge Robert Summerhays, an appointee of former President Trump, will prevent the Biden administration from carrying out its plans to end Title 42 on May 23 and once again allow migrants to seek asylum.

The order, though temporary, is a victory in a suit initially filed by Louisiana, Missouri and Arizona that now includes some 20 GOP-led states.

It’s not yet clear what the terms of the order will be, as a summary of the hearing — which was not open to the public — said “the parties will confer regarding the specific terms to be contained in the Temporary Restraining Order and attempt to reach agreement.”

. . . .

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

Read the complete report at the link.

What’s wrong with a system where scofflaw judges undermine, rather than stand up for, the rule of law and the most vulnerable among us? The word “cowards” comes to mind!

🇺🇸Due Process Forever!

PWS

04-25-22

⚖️HISTORY, LAW ENFORCEMENT, HUMAN RIGHTS, FORENSIC SCIENCE COME TOGETHER TO BRING WAR CRIMINALS TO JUSTICE! — “They [Guatemalan soldiers and local Civil Patrol] covered her mouth, kicked her, and slapped her. Then they ordered her to take her clothes off and took her to the bedroom. They took turns raping her.”

This from my good friend and Alexandria neighbor Professor Alberto Benitez over at GW Law:

The attached article from the Washington Post reads like the affidavits we prepare and file in support of our clients’ asylum applications. Please read to the end. All respect to Sra. Alvarado, Sr. Osorio, and all the survivors, may the victims rest in peace, and thanks to Ms. Schneider and Mr. Langille.

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

Alberto Manuel Benitez

Professor of Clinical Law

Director, Immigration Clinic

The George Washington University Law School

Scanned from a Xerox Multifunction Printer – 2022-04-25T093400.796

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

From the above article by Kevin Sieff & Nick Miroff @ WashPost:

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

Obviously, what’s described elsewhere in the article is really “top notch” law enforcement work from DHS. It also illustrates one of my “continuing themes” of “effective interdisciplinary cooperation in immigration cases.”

The irony is that DHS now spends too much of its law enforcement time trying to “chase down the victims of persecution” and deny them their rights to apply for asylum and their opportunity have their cases fairly evaluated and adjudicated.

What if, if rather than yielding to disgusting political grandstanding by GOP nativists and, sadly, some misguided Dems, who want to misuse Title 42 to end asylum law, the Administration stood up for the rights of refugees and asylum seekers for fair and orderly processing and determination of their claims for protection? What if refugees were encouraged to apply at legal ports of entry and at points outside the U.S. Wouldn’t that leave more time for “real” law enforcement at DHS — at the border and everywhere else?

Interestingly, during the Trump regime, some ICE Special Agents came to the same conclusion. They unsuccessfully “lobbied” then DHS Secretary Nielsen for separation from the “gonzo civil enforcement” that ICE then was carrying out — concentrating on “terrorizing” local ethnic communities. Not surprisingly, this made local enforcement in many areas reluctant to cooperate with ICE on real law enforcement priorities — like that described in this case.

As this article suggests, there has been a real “mixed message” in DHS and DOJ in handling of asylum claims from the Northern Triangle. One arm acknowledges and prosecutes massive acts of persecution that are actually war crimes. Another arm, aided by bad judging at EOIR and poor leadership at DOJ, disingenuously denies that such persecutions took place — sometimes mischaracterizing it as “random violence” — and that violence amounting to persecution on account of a “protected ground,” particularly violence directed at women and children, remains widespread in Latin America today.

🇺🇸Due Process Forever!

PWS

04-25-22

🗽BIDEN ADMINISTRATION GRANTS TPS TO CAMEROONIANS — A Modest Step Forward! — It Also Illustrates The Horrible Illegality & Immorality Of The Biden Administration’s Continuing Use Of “Title 42” Against Non-White Refugees At Our Border!🏴‍☠️☠️🤮👎🏽

https://www.dhs.gov/news/2022/04/15/secretary-mayorkas-designates-cameroon-temporary-protected-status-18-months

Secretary Mayorkas Designates Cameroon for Temporary Protected Status for 18 Months

Release Date: April 15, 2022

WASHINGTON— Today, the Department of Homeland Security (DHS) announced the designation of Cameroon for Temporary Protected Status (TPS) for 18 months. Only individuals who are already residing in the United States as of April 14, 2022, will be eligible for TPS.

“The United States recognizes the ongoing armed conflict in Cameroon, and we will provide temporary protection to those in need,” said Secretary Alejandro N. Mayorkas. “Cameroonian nationals currently residing in the U.S. who cannot safely return due to the extreme violence perpetrated by government forces and armed separatists, and a rise in attacks led by Boko Haram, will be able to remain and work in the United States until conditions in their home country improve.”

A country may be designated for TPS when conditions in the country fall into one or more of the three statutory bases for designation: ongoing armed conflict, environmental disaster, or extraordinary and temporary conditions. This designation is based on both ongoing armed conflict and extraordinary and temporary conditions in Cameroon that prevent Cameroonian nationals, and those of no nationality who last habitually resided in Cameroon, from returning to Cameroon safely. The conditions result from the extreme violence between government forces and armed separatists and a significant rise in attacks from Boko Haram, the combination of which has triggered a humanitarian crisis. Extreme violence and the widespread destruction of civilian infrastructure have led to economic instability, food insecurity, and several hundred thousand displaced Cameroonians without access to schools, hospitals, and other critical services.

This marks the first time the Secretary of DHS will permit qualifying nationals of Cameroon to remain temporarily in the United States pursuant to a TPS designation of that country. Individuals eligible for TPS under this designation must have continuously resided in the United States since April 14, 2022. Individuals who attempt to travel to the United States after April 14, 2022 will not be eligible for TPS. Cameroon’s 18-month designation will go into effect on the publication date of the forthcoming Federal Register notice. The Federal Register notice will provide instructions for applying for TPS and an Employment Authorization Document (EAD). TPS applicants must meet all eligibility requirements and undergo security and background checks.

###

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

According to TRAC, there were 3,191 pending Cameroonian cases in Immigration Court as of March 22, 2022. https://trac.syr.edu/phptools/immigration/court_backlog/. On the basis of my experience, I would guess that most of these are in the mid-Atlantic region.

Cameroonian asylum cases were a “staple” in Arlington over my 13 years on the bench ending on June 30, 2016. For example, in FY 2012, they were approximately 9% of my asylum docket, although that number dwindled between then and my retirement.

According to EOIR’s first quarter FY 2022 stats, the asylum grant rate for Cameroon is about 60%, and the denial rate is only 6%. https://www.justice.gov/eoir/page/file/1107366/download

The other 1/3 of cases are disposed of in “other” ways. This indicates that with TPS as a tool, almost all of the pending Cameroonian cases at EOIR could be resolved in short order without diminishing anyone’s rights.

That’s a “drop in the bucket” on a 1.8 million case backlog. But, it does suggest that better docket management tools, ones that comply with due process, are available to Immigration Judges and could be built upon for the future with more visionary and due-process-focused leadership at EOIR and DOJ.

Sadly, this profile also confirms that the Biden Administration’s illegal use of Title 42 to return Cameroonians to harm’s way without an opportunity to apply for asylum has been exactly the race-based, grotesque violation of asylum laws, human rights, and human dignity that critics have asserted.

It also graphically demonstrates why real Democrats, core progressive supporters who put Biden and company in office, must aggressively stand up against the disgraceful agitation by a minority of Dem legislators and uninformed, amoral politicos within the Administration to retain the already totally unjustifiable Title 42 blockade!

Continuing violation of domestic and international law through use of Title 42 is NOT, I repeat NOT, an option! Yes, the Administration needs to get a plan in place for an orderly restoration of asylum processing for Cameroonians, Haitians, Latin Americans, Ukrainians, Russians, Afghans, and all other nationalities at our Southern Border.

Fair, humane, advance processing of those seeking asylum at the border NOW is the essential key to avoiding a mess on May 23. Pumping credibility, efficiency, humanity, and proper generosity into the asylum system at the border NOW will reduce the chances of an “immediate backlog” come May 23.

More importantly, showing that our laws can work in a fair, humane, and efficient way will encourage individuals seeking asylum to come to legal ports of entry to apply, rather than seeking more dangerous and difficult irregular entry that does not hold out the same prospects for rapidly obtaining legal status. Why wouldn’t legitimate asylum seekers present themselves at legal ports of entry if we had a fair, functioning, transparent system for processing them?

By eliminating the need and reducing the motivation for legal asylum seekers to attempt irregular entries to obtain refuge, the traffic between ports of entry should be reduced even though of course not eliminated. And the “expedited removal” procedures available under current law to CBP for those apprehended without credible asylum claims while attempting unauthorized entires are perfectly adequate to quickly process removals of those with no legal claim to be here!

Assuming that all or most asylum seekers will attempt unauthorized entries between legal ports will become a dangerous “self-fulfilling prophecy.” Yet, to the extent that the Biden Administration has a plan, it appears to be driven by the misguided notion that all the “action” will be at unauthorized crossing points. See, e.g., https://immigrationimpact.com/2022/04/12/what-is-bidens-plan-to-end-title-42/ (a sad commentary on wobbly, uninformed, unprincipled, pedestrian, un-creative thinking about an important solvable problem if I’ve ever seen one).

That’s only going to happen if the Administration continues to ignore the pressing need for immediate steps to establish the credibility of the asylum system at ports of entry.

The Administration went to considerable trouble to establish a “new” regulatory framework for processing asylum claims at the border (which becomes effective on May 28). I was one of those who pointed out serious flaws in the new system adopted.

One of the main defects is that for integrity, legal guidance, and effective supervision it heavily relies on Garland’s dysfunctional, hopelessly backlogged, and still anti-asylum-tilted Immigration Courts, at least where some of the common types of asylum applications at the border, like those from Northern Triangle countries, are concerned. These “courts that aren’t really courts” have shown a disturbing lack of asylum expertise and little effective commitment to a fair and practical application of asylum laws nationwide. It’s basically still a “denial factory” — just as Sessions and Barr staffed and manipulated it to be. That has spelled disaster in the past and will continue to do so in the future unless it can be “sidestepped” by granting more cases at the border without calling on these “courts.”

There’s where the “new system” has potential to work! One key advantage of the “new system” that many of us applauded is the potential for the USCIS Asylum Office expeditiously to grant many more claims at or near the border, thus entirely avoiding the broken Immigration Courts, prolonged detention, and releasing individuals to the interior without status.

As asylees, refugees can be admitted in a legal, work-authorized status right off the bat. Not only does that eliminate the never-ending debate about appearing for later Immigration Court hearings, but it also helps the economy and resettlement by putting individuals anxious to support themselves and their families directly into the workforce at a time when we need workers in many segments of the economy! It also avoids the current wildly inconsistent, unprincipled, and often defective asylum adjudication that now plagues Garland’s Immigration Courts, particularly in border areas and detention centers.

But, success isn’t going to happen by “magical thinking,” operating in “Stephen Miller’s world,” repeating platitudes about border crises, and reviving the past mistakes of “enforcement/deterrence only regimes.” I call BS! A “border crisis” is what happened in Poland! We’re not even remotely close to that!

It requires the Biden Administration to get the lead out, shut down the “naysayers,” work with NGOs, and get the expertise and manpower in place NOW at ports of entry and in Mexico to achieve success on May 23! But, continuing the illegal Title 42 charade/blockade is not an option that is on the table!

🇺🇸Due Process Forever!

PWS

04-16-22

🇺🇸 Due Process Forever!

Related posts:

Here are the redacted decisions:

🇺🇸 Due Process Forever!

Related posts:

It’s past time for a better, more realistic, more human, and “robustly humane” approach to human migration!😎 One that focuses on the long-term welfare of children and society, NOT short-term mythical “enforcement goals” or fears!

🇺🇸Due Process Forever!

PWS

Related posts:

Toxic Trio of “America’s Worst & Most Cowardly Judges” sticks it to Salvadoran refugee woman who survived domestic violence in country where femicide is rampant and uncontrolled by corrupt and inept government.

Lopez Perez v. Garland, 5th Cir., 06-02-22, published

BEFORE: Edith Jones (Reagan), Andrew Oldham (Trump), and Leslie H. Southwick (Bush II) Circuit Judges

OPINION: Judge Southwick

“Heard (not Amber) on the street:

🇺🇸Due Process Forever!

Related posts:

Professor Alberto Benitez reports:

🇺🇸 Due Process Forever!

Related posts:

Check out the link to the HRF Careers Page above!😎👍🏼⚖️🗽

🇺🇸 Due Process Forever!

Related posts:

Cindy Carcamo reports for the LA Times:

🇺🇸 Due Process Forever! Garland’s dysfunctional, biased, leaderless, soul-less, ethically challenged EOIR, never!

Related posts:

Andrea Castillo reports for the LA Times:

🇺🇸Due Process Forever!

Related posts:

From Judge Roth’s opinion:

And concurring Judge Ambro had a harsh assessment of the IJ, the BIA, and most of all A.G. Garland, who has been remarkably “tone deaf” about correcting the grotesque expertise and due process problems in his “wholly owned, astoundingly dysfunctional” Immigration “Courts:”

🇺🇸 Due Process Forever!

Related posts:

🇺🇸 Due Process Forever!

Related posts:

🇺🇸Due Process Forever!

Related posts:

Here it is:

🇺🇸Due Process Forever!

Related posts:

Rebecca Beitsch @ The Hill:

🇺🇸Due Process Forever!

Related posts:

This from my good friend and Alexandria neighbor Professor Alberto Benitez over at GW Law:

From the above article by Kevin Sieff & Nick Miroff @ WashPost:

🇺🇸Due Process Forever!

Related posts:

Secretary Mayorkas Designates Cameroon for Temporary Protected Status for 18 Months

🇺🇸Due Process Forever!

Related posts: