TAL @ SF CHRON:  GARLAND’S LATEST BOGUS GIMMICK TO REDUCE BACKLOG GIVES BIG MIDDLE FINGER 🖕 TO DUE PROCESS, SAY ADVOCATES! 

Tal Kopan
Tal Kopan
Washington Reporter, SF Chronicle

S.F. Immigration Court fast-tracking cases in what critics say call a deportation conveyor belt

By Tal Kopan and Deepa Fernandes

A San Francisco immigration judge took less than an hour on Tuesday to order 23 people deported. But none of the immigrants was present and it’s unclear whether they knew about the hearing — even as they were deported for missing it.

The proceedings are part of a recently enacted effort the San Francisco Immigration Court says it’s undertaking to find immigrants it loses track of. Instead, advocates say the court has set up a deportation conveyor belt, one that fast-tracks removal orders before immigrants can make their case to stay in the country.

The practice appears to have started this summer, when immigration attorneys became aware of a subset of hearings being scheduled for immigrants whose mail was being returned as undeliverable. The court was notifying immigrants of the hearings by sending mail to the same incorrect addresses, practically ensuring few would show up.

In immigration law, not showing up at a hearing is enough to be ordered deported on the spot, in what’s known as an “in absentia” order of removal.

According to court data reviewed by The Chronicle, as many as 173 people were given deportation orders because of such proceedings in August and September — a nearly ninefold increase from the 20 similar orders given the previous seven months combined.

ACLU of Northern California attorney Sean Riordan, who has been tracking the issue, compared the situation to a criminal proceeding where, if a defendant didn’t show up for a routine step, the judge declared them guilty with limited ability to challenge the verdict. What’s more, he said, the court scheduled the proceeding expecting the defendant not to show.

“Our society would not tolerate that, it’s just grossly unfair, and we shouldn’t tolerate something similar happening in the immigration courts,” Riordan said. “It’s especially problematic that the San Francisco Immigration Court is spending significant time and resources to obtain so many removal orders through a special docket in cases where they know people will not be able to appear for their hearings.”

At this time, the effort appears limited to the San Francisco court, one of 70 such venues nationwide that hear immigrants’ cases. But advocates fear other courts may see how many cases the San Francisco bench has closed through in-absentia orders and follow suit, saddling scores of immigrants with unknown deportation orders. The immigration court system is run entirely by the Department of Justice, which also employs the judges.

 

More: https://www.sfchronicle.com/sf/article/San-Francisco-Immigration-Court-fast-tracks-16576102.php

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 The (completely unnecessary and self-inflicted) “EOIR Travesty” continues! There are many, many ways that Garland could reduce his Immigration Court backlog (most covered by Courtside or elsewhere online) without stomping on any individual rights! But, this utter nonsense doesn’t happen to be one of them!

As anyone with even a passing familiarity with Immigration Court practice knows, DHS and EOIR are notorious for issuing defective notices and then creating illegal “in absentia” orders. The issue of bad notices has actually been to the Supremes twice recently, with the USG losing badly both times, and the possibility of yet a third trip on the horizon. 

Yet, several overt rebukes from the Supremes about “unnecessary corner cutting” have engendered no fundamental changes in the notice system at either agency! Garland & Co. seem just as wedded to anti-due-process, wasteful “mondo enforcement gimmicks” at EOIR as Stephen Miller, “Gonzo” Sessions, and “Billy the Bigot” Barr!🤮 

So much for the “racial justice agenda” at DOJ and the reputations of DAG Lisa Monaco, Associate AG Vanita Gupta, and AAG/Civil Rights Kristen Clarke, who have all “looked the other way” while their “boss” Garland continues to promote White Nationalist, anti-immigrant, resource wasting policies at EOIR.☠️

Then, incompetent, tone-deaf Dem politicos wonder why support among their “loyal progressive base” is fading fast? Progressives should “remember the EOIR disaster” and total lack of concern for those “fighting the good fight” in Garland’s disgracefully dysfunctional courts when any of Garland’s complicit lieutenants come up for future Article III judicial appointments! 

Conduct like Garland’s at EOIR is a direct result of progressives allowing themselves to be “pushed around and disrespected” by a “Democratic Party Establishment” that gives not a hoot for immigrant justice, racial justice, or fair treatment of asylum seekers except when it’s time to solicit contributions or get out the vote! Vice President Kamala Harris appears to have taken a “leave of absence” on what was supposed to be one of her “signature issues!”    

Garland’s “in your face tone-deafness” also contains a very clear message that progressive advocates aren’t “getting!” It’s going to take a “radical break from the past” to achieve any meaningful immigration reform at DOJ!

🇺🇸Due Process Forever!

PWS

11-01-21

☠️🤮UNDER NEW MISMANAGEMENT: Trump’s “New American Gulag” (“NAG”) Now Being Run By Biden, Harris, & Mayorkas, With Garland’s Embedded “Star Chambers” — Coercion, Denial Of Right To Counsel Endemic In Illegal, Immoral, Secretive Biden “Civil” Prison System! — “[W]ithout having knowledge, we’ll go directly to the slaughterhouse!” ⚰️ — That’s The Goal Of “Detention & Deterrence!”

Slaughterhouse
“[W]ithout having knowledge, we’ll go directly to the slaughterhouse!”
Creative Commons License
Star Chamber Justice
“Do you still want to talk to a lawyer, or are you ready to take a final order?” “Justice” Star Chamber Style
Emma Winger
Emma Winger
Staff Attorney
American Immigration Council
PHOTO: Immigration Impact

https://immigrationimpact.com/2021/10/29/ice-detention-contact-lawyer/

Emma Winger writes on Immigration Impact:

“Ben G.” is a 35-year-old veterinarian from Nicaragua who fled to the United States after he was beaten and tortured by police. When he crossed the border into the United States, he requested asylum. U.S. Immigration and Customs Enforcement (ICE) eventually transferred Ben to the Winn County Correctional Center, an ICE detention facility in rural Louisiana located four hours away from the nearest metropolitan area. It is also the facility with the fewest immigration attorneys available in the entire country.

Despite passing the government’s initial screening and having  a credible fear of persecution, Ben was still unable to find a lawyer. As a fellow detained person noted, “without having knowledge, we’ll go directly to the slaughterhouse.”

Ben’s story illustrates the monumental barriers that detained immigrants face in finding lawyers to represent them. As described in a letter sent October 29 by the American Immigration Council, the ACLU, and 88 legal service provider organizations to Department of Homeland Security Secretary Alejandro Mayorkas, ICE detention facilities have systematically restricted the most basic modes of communication that detained people need to connect with their lawyers and the rest of the outside world, including phones, mail, and email access.

This must change. The immigration detention system is inherently flawed, unjust, and unnecessary. The best way to eliminate these barriers to justice is to release people from detention.

Although immigrants have the right to be represented by lawyers in immigration proceedings, they must pay for their own lawyers or find free counsel, unlike people in criminal custody who have the right to government-appointed counsel. In many cases, detained immigrants cannot find lawyers because ICE facilities make it so difficult to even get in touch and communicate with attorneys in the first place.

The importance of legal representation for people in immigration proceedings cannot be overstated. Detained people with counsel are 10 times more likely to win their immigration cases than those without representation. Yet  the vast majority of detained people — over 70% — faced immigration courts without a lawyer this year.

ICE has set the stage for this problem by locating most immigration detention facilities far from cities where lawyers are accessible. Each year, ICE locks up hundreds of thousands of people in a network of over 200 county jails, private prisons, and other carceral facilities, most often in geographically isolated locations, far from immigration attorneys.

Even when attorneys are available and willing to represent detained people, ICE detention facilities make it prohibitively difficult for lawyers to communicate with their detained clients, refusing to make even the most basic of accommodations. For example, many ICE facilities routinely refuse to allow attorneys to schedule calls with their clients.

As described in the letter, the El Paso Immigration Collaborative reported that staff at the Torrance County Detention Facility in New Mexico have told their lawyers that they simply don’t have the capacity to schedule calls in a timely manner, delaying requests for more than one week or more.

The University of Texas Law School’s Immigration Law Clinic attempted to schedule a video teleconferencing call with a client at the South Texas ICE Processing Center. An employee of the GEO Group, Inc., which runs the facility, told them that no calls were available for two weeks.

. . . .

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

A “Jim Crow Mentality” of never being held accountable for abuses of law or human morality permeates the politicos, legislators, and Federal Judges of both parties responsible for enabling and upholding this toxic system. 

Nowhere is this more obvious than at the DOJ Civil Rights Division. While pontificating on racially abusive local police policies and actions, these folks go to great lengths to overlook the DOJ-run “Star Chamber Courts” embedded in DHS’s “New American Gulag” that disproportionally harm persons of color and deny them basic legal, civil, and human rights every day. 

This system is thoroughly rotten! Yet, Garland’s DOJ “defends the indefensible” in Federal Court almost every day.

🇺🇸⚖️ Due Process Forever!

PWS

10-30-21

☹️👎🏽BUMBLING BIA BADLY BUNGLES BASICS, AGAIN! — Applies Wrong Standard In Seeking To Reverse Valid CAT Grant — Obviously Frustrated 3rd Cir. Reinstates IJ Decision Following BIA’s Inept Attempt @ Appellate  Review! — Arreaga Bravo v. A.G.

Woman Tortured
The BIA’s blunders in trying to help out their “partners” @ DHS Enforcement can sometimes seem almost comical. But, they are no laughing matter to those facing persecution or torture as a result! Why is Garland indifferent to life-threatening injustice in his courts?
Amazing StoriesArtist Unknown, Public domain, via Wikimedia Commons

https://www2.ca3.uscourts.gov/opinarch/203300p.pdf

Key Quote from Judge Greenaway’s decision:

Given the strength and rigor of the IJ’s underlying opinion, along with the BIA having exceeded its proper scope of review, we will vacate the BIA’s final order of removal and remand with instructions to reinstate the IJ’s opinion.

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There is the good, the bad, the ugly, and the absurdly horrible. This latest BIA travesty falls in the latter category.

Not surprisingly, the Circuit opinion quotes liberally from the BIA’s insipid, mealy-mouthed “bureaucratic double-speak” language! To paraphrase my BIA colleague the late Judge Fred Vacca, thank goodness the 3rd Circuit finally put an end to this “pathetic attempt at appellate adjudication.”

Interesting that rather than remanding to give the BIA a chance to deny again on some newly invented specious basis, the court just reinstated the IJ opinion. There should be a message here! But, Garland and his lieutenants aren’t “getting it!”

This case illustrates deep systemic and personnel problems that Garland has failed to address. Instead of summarily dismissing the DHS’s frivolous appeal with a strong warning condemning it, these types of bad BIA decisions contribute to the unnecessary backlog and both encourage and reward frivolous actions by the DHS.

Additionally, reversing, for specious reasons, a well-done and clearly correct IJ decision granting relief, just to carry out the wishes of DHS Enforcement and political bosses, is intended to discourage respondents and their attorneys while unethically steering Immigration Judges toward a “norm of denial.”

Abused women of color from the Northern Triangle have been particular targets of the EOIR’s seriously skewed anti-immigrant adjudications. This makes the Garland DOJ’s  claims to be a “champion of racial justice” ring all the more hollow and disingenuous in every context. There will be no racial justice in America without radical EOIR reform!

What ever happened to our first ever woman of color Veep? Hypothesize that one of the BIA Appellate Immigration Judges responsible for this mess had come before the Senate Judiciary Committee for confirmation. Wouldn’t you have had some questions about judicial qualifications? So, why is it OK to continue to employ them in untenured Executive Branch quasi-judicial positions where they exercise life or death power over many of the most vulnerable among us, overwhelmingly persons of color, many women, lots of them unrepresented! Kamala Harris, where are you?

It’s all part of an improper “culture of denial” at EOIR, led and “enforced” by the BIA. Garland has disgracefully failed to come to grips with the “anti-due process” that he fosters every day that the “Miller Lite Holdover BIA” remains in their appellate positions.

For heavens sake, with unnecessary “TV Adjudication Centers” coming out EOIR’s ears, reassign these purveyors of bad law and appellate injustice to those lower “courts” where they can do less cosmic damage and real, better qualified appellate judges can “keep on eye” on them!

I keep thinking (or perhaps hoping) that eventually Circuits will tire of continually redoing the BIA’s sloppy work product and then having the cases come back again, sometimes years later, denied on yet another bogus ground!

On the flip side, Judge Garland seems to have infinite “patience” with well-documented substandard performance and painfully obvious anti-immigrant, pro-DHS bias on the part of his BIA. 

Wrongful denial of CAT costs lives and can improperly condemn individuals to gruesome and painful death! This is no way to run a court system! I guess it’s easier to “tolerate” lousy judicial performance when you aren’t the one being unfairly and illegally condemned to torture!

Past time for a “line change” in Falls Church! 

🇺🇸Due Process Forever!

PWS

10-29-21

⚠️🚸🆘☠️☹️THE GIBSON REPORT —10-25-21 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Posts Show How USG’s Scofflaw Asylum Policies Generate Unnecessary Irregular Entries, Misleading Statistics, More Unnecessary CBP “Apprehensions,” More CBP Abuses, No Accountability For Abusers, & No Plans By Biden Administration To Rectify Situation — Lack Of Principled, Realistic, Legally Compliant Border Policy Undermines Democracy!

Elizabeth Gibson
Elizabeth Gibson
Attorney, NY Legal Assistance Group
Publisher of “The Gibson Report”

NEWS

 

9th Circ. nixes order mandating more COVID protections for ICE detainees

Reuters: The 9th U.S. Circuit Court of Appeals in a 2-1 ruling said the preliminary injunction issued last year improperly placed ICE’s entire network of detention facilities under the direction of a single federal judge, an error because the plaintiffs failed to show systemic nationwide shortfalls in detainee health protections.

 

DOJ lifts Trump-era case quotas for immigration judges

ABA: Immigration judges will no longer be required to close 700 cases per year to get a “satisfactory” rating.

 

Border Patrol apprehensions hit a record high. But that’s only part of the story

NPR: The Border Patrol recorded nearly 1.7 million migrant apprehensions at the Southern border over the past year — the highest number ever, eclipsing the record set more than two decades ago. But that doesn’t mean it’s the biggest number of individual migrants who’ve illegally crossed from Mexico into the U.S. in a single year. In fact, it’s probably not even close. See also Tired of waiting for asylum in southern Mexico, thousands of migrants march north.

 

New York Set Aside $2.1 Billion for Undocumented Workers. It Isn’t Enough.

NYT: A demand for aid has depleted the Excluded Workers Fund in New York, and thousands of those who qualify could miss out on payments. See also Immigrant families struggle to access child tax credit payments.

 

A Leaked US Government Report Documents How People With Medical Conditions And Disabilities Were Forced Into The “Remain In Mexico” Program

BuzzFeed: The report offers a rare window into the behind-the-scenes dysfunction and confusion surrounding the so-called Remain in Mexico program, which is set to come back.

 

‘It Should Not Have Happened’: Asylum Officers Detail Migrants’ Accounts of Abuse

NYT: More than 160 reports, obtained by Human Rights Watch, reveal details of mistreatment that asylum seekers described experiencing from border officials and while in U.S. custody.

 

Border agents who made violent, lewd Facebook posts faced flawed disciplinary process at CBP, House investigation finds

WaPo: A U.S. Customs and Border Protection discipline board found that 60 agents “committed misconduct” by sharing violent and obscene posts in secret Facebook groups but fired only two — far fewer than an internal discipline board had recommended, according to a House Oversight and Reform Committee report released Monday.

 

ICE Review Of Immigrant’s Suicide Finds Falsified Documents, Neglect, And Improper Confinement

Intercept: An internal review of Efraín Romero de la Rosa’s death in ICE custody found almost two dozen policy violations during his stint in detention.

 

Biden’s Pick To Lead CBP Supports Two Of Trump’s Most Controversial Border Initiatives

Intercept: In a confirmation hearing, Tucson Police Chief Chris Magnus signaled support for Title 42 and border wall construction.

 

Biden’s Embrace Of Border Tech Raises Privacy Concerns

Law360: President Joe Biden hasn’t shied away from using controversial technologies for immigration enforcement, raising concerns that his predecessor’s pet project to build a border wall is being replaced with a “virtual wall” rife with privacy and civil liberties problems.

 

California Hires Border Wall Contractors to Screen, Vaccinate Migrants

Newsweek: SLS was previously assigned to build the border wall under the Donald Trump administration, but now it is expected to work with the health department to also offer migrants prescription services and transportation for “safe onward travel.”

 

LITIGATION/CASELAW/RULES/MEMOS

 

Justices Revive Citizenship Suit After Feds Yield Ground

Law360: The U.S. Supreme Court on Monday vacated a Third Circuit ruling in a deportation case that barred a Yemeni man from acquiring citizenship through his naturalized but divorced parents, after the Biden administration said the lower court overlooked precedent.

 

Anti-Immigration Group Asks Justices To Nix Bond Hearings

Law360: Advocates of drastically reduced immigration urged the U.S. Supreme Court on Thursday to overturn decisions in the Third and Ninth circuits that said migrants who have been detained more than six months should get a bond review hearing.

 

High Court Urged To Reverse ‘Impossible’ Review Standard

Law360: A coalition of conservationists and ranchers has asked the U.S. Supreme Court to review a Ninth Circuit ruling that the federal government need not subject immigration policies to environmental review, saying it created an “impossible” standard for challenging immigration programs.

 

1st Circ. Orders BIA To Weigh Honduran Man’s Testimony

Law360: The First Circuit revived a Honduran man’s bid for protection from a deportation order, ruling that immigration authorities saw discrepancies in his testimony that he faced persecution as an HIV-positive gay man where there were none.

 

CA2 Finds Connecticut Convictions for Possession of Narcotics with Intent to Sell Were Aggravated Felony Drug Trafficking Offenses

AILA: The court held that the petitioners’ convictions under Connecticut General Statute §21a-277(a) were controlled substance offenses and aggravated felony drug trafficking crimes, and that the jurisdictional holding of Banegas Gomez v. Barr remained good law. (Chery v. Garland, 10/15/21)

 

CA3 Finds BIA Misapprehended Applicable Law by Not Considering Religious Persecution Against Chinese Petitioner Cumulatively

AILA: Granting the petition for review and remanding, the court held that while the BIA was correct in finding that the petitioner had not suffered political persecution in China, its reasons for rejecting religious persecution were flawed. (Liang v. Att’y Gen., 10/12/21)

 

CA4 Strikes Down Matter of S-O-G- & F-D-B-

AILA: The court abrogated Matter of S-O-G- & F-D-B-, holding that 8 CFR §§1003.10(b) and 1003.1(d)(1)(ii) unambiguously grant IJs and the BIA the general power to terminate removal proceedings. (Chavez Gonzalez v. Garland, 10/20/21)

 

5th Circ. Wants DOJ Input On Full Court Review Of ICE Policy

Law360: The Fifth Circuit on Wednesday asked the federal government to respond to Texas and Louisiana’s petition for the full appellate court to review a panel’s decision allowing the Biden administration’s policy curbing immigration enforcement operations to remain in place.

 

Feds Can’t Put DACA Challenge On Hold For Rulemaking

Law360: The Fifth Circuit refused to freeze the Biden administration’s appeal of a lower court order stopping the federal government from approving new applications under the Deferred Action for Childhood Arrivals program while it inks a replacement rule.

 

CA9 (2-1) Reverses Fraihat Preliminary Injunction

LexisNexis: Fraihat v. ICE Maj. – “COVID-19 presents inherent challenges in institutional settings, and it has without question imposed greater risks on persons in custody. But plaintiffs had to demonstrate considerably more than that to warrant the extraordinary, system-wide relief that they sought.

 

District Court Orders Government to Begin Processing 9,905 FY2020 Diversity Visas as Soon as Is Feasible

AILA: The U.S. District Court for the District of Columbia ordered the defendants to commence processing the 9,905 DV-2020 visas as soon as is feasible, and to conclude such processing no later than the end of FY2022, or September 30, 2022. (Gomez, et al. v. Biden, et al., 10/13/21)

 

Feds Say DC Court Wrong To Narrow Power To Expel Migrants

Law360: The federal government urged the D.C. Circuit to erase a lower court’s injunction blocking its use of a public health law to expel migrant families, arguing that the lower court interpreted its powers under the authority too narrowly.

 

Judge Scolds CBP In Partial Win For Press Freedom Group

Law360: A D.C. federal judge ordered U.S. Customs and Border Protection on Monday to release previously withheld documents related to the government’s 2017 attempt to unmask a Trump administration critic’s Twitter account, while scolding the agency for its “lackluster efforts” to comply with Freedom of Information Act requirements.

 

Mich. Judge Drops DACA Holders’ Travel Permit Suit

Law360: A Michigan federal judge rejected two brothers’ claims that their due process and religious freedom rights were violated when they were denied travel authorization to Mexico for their grandfather’s funeral, saying that they had no recourse against the officials involved.

 

Documents Related to Lawsuit Seeking to Make Unpublished BIA Decisions Publicly Available

AILA: DOJ provided a status update to the court, which states that the BIA and NYLAG are in discussions regarding the possibility of posting certain unpublished BIA decisions online, both prospectively and retrospectively. (NYLAG v. BIA, 10/15/21)

 

DOD Denies Flouting Immigrant Soldier Citizenship Order

Law360: The Pentagon denied foreign-born soldiers’ contention that it was flouting an injunction to process their citizenship requests, telling a Washington, D.C., court that it was complying and close to doubling the number of requests that are processed annually.

 

IJ Finds Respondent Merits Favorable Exercise of Discretion for Fraud Waiver Under INA §237(a)(1)(H)

AILA: In balancing respondent’s desirability as a permanent resident with social and humane considerations, the IJ found that respondent was entitled to a waiver of removability for fraud or misrepresentation under INA §237(a)(1)(H). Courtesy of Christopher Helt. (Matter of Mohammed, 9/13/21)

 

CBP Notification of Continuation of Travel Restrictions from Mexico and Intent to Lift Restrictions for Vaccinated Individuals

AILA: CBP notification of the continuation of travel restrictions limiting non-essential travel from Mexico into the U.S. at land ports of entry through 1/21/22, while also announcing the intent to lift these restrictions for individuals fully vaccinated against COVID-19. (86 FR 58216, 10/21/21)

 

DHS Notice on Implementation of Employment Authorization for Individuals Covered by DED for Hong Kong

AILA: DHS notice establishing procedures for individuals covered by Deferred Enforced Departure (DED) for Hong Kong to apply for employment authorization through 2/5/23. (86 FR 58296, 10/21/21)

 

RESOURCES

 

 

EVENTS

 

 

ImmProf

Monday, October 25, 2021

Sunday, October 24, 2021

Saturday, October 23, 2021

Friday, October 22, 2021

Thursday, October 21, 2021

Wednesday, October 20, 2021

Tuesday, October 19, 2021

Monday, October 18, 2021

 

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Sadly, more than eight months in, the Biden Administration lacks:

  • A coherent vision for the border;
  • A cogent plan to restore the refugee system and the legal asylum system (the poorly conceived “proposed asylum regs” — mostly opposed by our Round Table and other asylum experts — don’t make it);
  • The tough, courageous, well-informed leadership to make the necessary border enforcement and Immigration Court reforms and to stand up to the entirely predictable, well-organized nativist opposition, led by Stephen “Gauleiter” Miller and his accomplices.

Not a “recipe for success,” in my view! 

Another item worthy of note: The pending settlement between NYLAG and EOIR on making unpublished decisions readily accessible to the public could open new avenues for advocates.

For example, the 1st Circuit recently cited an unpublished BIA decision in reversing the BIA on “equitable tolling.” https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/ca1-equitable-tolling-remand-james-v-garland#

BIA panel decisions favorable to respondents are almost never published as precedents by an organization where judicial independence and due process have long taken a back seat to “job preservation” within the DOJ. Politicos @ DOJ are normally much more interested in supporting enforcement and “false deterrence” goals than with enhancing due process, enforcing immigrants’ rights, and achieving racial justice when it comes to immigrants.

🇺🇸Due Process Forever! 

PWS 

1-26-21

😢👎🏽HOW MUCH USCIS “SERVICE” DOES $575 BUY A REFUGEE? — Not Much, According To Deanna García @ “Early Arrival” — Plus Other Top News For Immigration Advocates!

Deanna Garcia
Deanna García
Immigration Journalist
PHOTO: Muckrack.com

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Support Our Work

OCTOBER 25, 2021

Hello, this is Deanna Garcia with today’s edition of Early Arrival. You can email me at deanna.garcia@documentedny.com.

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NJ Immigrant Detainees Worried About Transfers as ICE Contracts End

📍 Documented Original

As New Jersey jails began to terminate their contracts with Immigration and Customs Enforcement, the agency has started sending immigrant detainees to other jails in the U.S., further away from their families and friends. ICE told lawyers that the agency can’t release their clients because it considers them a public safety threat, even though majority of them are imprisoned over unresolved charges for nonviolence crimes. This action indicates the power ICE has on where and how immigrant detainees are being held. “We all hoped that ICE would use its discretion to release,” said Ellen Pachnanda, the attorney in charge of the New York Immigrant Family Unity Project. “As long as ICE retains this discretion to transfer, they will transfer.” Read more at Documented.

Documented is the only newsroom that creates journalism with and for New York’s immigrant communities. This work is not easy and it is not cheap. Help us fuel this work for $10/month.

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AOC Revives Citizenship Bill for 9/11 Cleanup Crew

U.S. Rep. Alexandria Ocasio-Cortez (D-N.Y.) and two other legislators reintroduced a federal bill to put immigrants who helped clean up after the 9/11 attacks on a fast track to U.S. citizenship. The 9/11 Immigrant Worker Freedom Act is an adjusted version of a bill that former Rep. Joseph Crowley introduced in 2017, which didn’t advance to the House. New York immigrants have asked for years to obtain legal immigrant status as compensation for the work they did and health problems they’ve suffered since the attacks. Several dozens are still protesting, while others gave up on fighting. The Associated Press

New Jersey Haitian Leaders Protest Deportations

Haitian community leaders and immigrant advocates gathered outside of a federal immigration office to protest the Biden administration deporting thousands of Haitian migrants under Title 42. The group of 50 people demanded that President Joe Biden allow more Haitians to seek asylum in the U.S. “These people just want to work and find a better way of life. We’re speaking in Newark because this city is a bedrock for New Jersey’s Haitian population,” said the Rev. Jean Maurice of the New Jersey Haitian Pastors Organization. According to U.S. Census data, New Jersey has roughly 60,000 Haitian residents. North Jersey

Advocates Rally Again for Schumer to Ensure a Pathway to Citizenship

For the last few weeks, immigrant advocates have been demanding Senate Majority Leader Chuck Schumer (D-N.Y.) to work to provide a pathway to citizenship for undocumented immigrants. On Friday, that demand continued at Schumer’s Peekskill office. Immigrants and advocates said they help Democrats gain power in Washington, so now they want Schumer to work for them. “We’ve delivered that control to the Democrats, so we feel that the Democrats have to deliver the promise that they’ve made us and make sure that citizenship is being included in this year’s reconciliation package,” said Peekskill City Councilor Vanessa Agudelo. Advocates said they’re in talks with Schumer’s office and will continue the pressure. News12 the Bronx

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ICE Investigation Discovered Falsified Documents of Immigrant’s Suicide

According to Immigration and Customs Enforcement’s External Reviews and Analysis Unit, medical and security staff at Stewart Detention Center in Georgia violated several agency rules when handling Efraín Romero de la Rosa’s suicide in 2018. He was diagnosed with schizophrenia and committed suicide after being in solitary for 21 days. The review discovered staff falsified documents, poorly dealt with his medication, didn’t follow proper care procedures and improperly placed him in disciplinary solitary confinement, even though there were multiple warnings of his declining mental health. The review also lists 22 separate violations of ICE and Stewart Detention Center rules by staff during Romero de la Rosa’s four months in detention and eight separate “areas of concern.” The Intercept

Migrant Caravan Breaks Mexican National Guard Roadblock

Roughly between 3,000 and 4,000 migrants left the U.S.-Mexico border city of Tapachula on Saturday morning and headed to Mexico City. Caravan organizers say that will be their last stop while they continue to attempt to secure humanitarian permits for Haitians andCentral and North American migrants to move freely throughout Mexico. But some migrants said they plan on going to the southern border as part of their push. Videos on social media show the caravan recently ran into a Mexican National Guard roadblock and broke through it, with soldiers making no attempts to pursue or draw weapons against them. Border Report

California Hires Border Wall Contractor to Screen, Test and Vaccinate Migrants

California Gov. Gavin Newsom hired Sullivan Land Services Co. to screen, test and vaccinate migrants for COVID-19 at the border. SLSCO, based in Galveston, Texas, received a no-bid $350 million contract from California. This was the same company former President Donald Trump used to build the border wall along the border. Newsom had criticized the border wall and even pushed to file several lawsuits to halt its construction. According to a report, SLSCO staff gave COVID-19 services to about 60,000 migrants at five locations. Immigration advocates and health care leaders aren’t happy about the state’s partnership with SLSCO. KXAN

Child Allowed into U.S. for Urgent Cancer Treatment and Given Humanitarian Parole

Carlitos, a 2-year-old boy from Guatemala, was allowed to enter the U.S. from Tijuana in an ambulance. According to his attorney Hollie Webb, his story of kidnapping, expulsion, lack of access to medical care and a serious illness that without proper treatment could kill him, provided him with a rare outcome. Attorneys and doctors campaigned U.S. Customs and Border Protection officials to allow Carlitos and his mother, Ana, to cross into San Diego under a humanitarian parole to give him cancer treatment. CBP granted the request after an inquiry from The San Diego Union-Tribune. The two crossed into the U.S. Thursday evening to a hospital in San Diego. The San Diego Union-Tribune

Georgia Lawmakers Consider Immigration Solutions Amid Labor Shortages

Just like elsewhere in the U.S., Georgia is facing labor shortages as its economy recovers from the pandemic. A bipartisan group of lawmakers has been meeting to figure out how Georgia’s immigrants can help solve this problem and contribute to the state’s economy. They spoke with industry leaders and immigration advocates to learn what prevents immigrants from maximizing their participation in the workforce. According to Darlene Lynch, a representative of Georgia’s Business & Immigration Partnership, about 1 in 5 foreign-born Georgians with college degrees are either unemployed or employed in a low-wage job, which costs the state hundreds of millions of dollars in lost tax revenue per year. The Atlanta Journal-Constitution

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Biden Allowing Private Groups to Sponsor Afghan Evacuees, Small USCIS Staff Tackling Humanitarian Requests, Arizona Mayor Claims Migration Stresses Local Services

The Biden administration plans on revealing a program Monday that would let private groups sponsor Afghan evacuees and assist their resettlement in the U.S., three sources familiar with the plan told CBS News. According to a presentation describing the plan, groups of about five individuals could apply to become “sponsor circles” that would help Afghan refugees secure housing, basic necessities, financial support, legal counsel and medical services for about 90 days. This program would become an alternative to the traditional refugee resettlement process, which is overseen by nine national agencies and their local affiliates. The “Sponsor Circle Program,” a joint initiative between the Department of State and the Community Sponsorship Hub, oversees online applications from potential sponsors and helps connect them with refugees. CBS News

U.S. Citizenship and Immigration Services allocated just six employees to process roughly 14,000 humanitarian requests for Afghan evacuees seeking relocation last week, drawing condemnation from lawmakers. “That is completely and utterly unacceptable, and I call on USCIS to address the shortcoming immediately,” said Rep. Jim Langevin, (D-R.I.). As of Friday, that number jumped to close to 20,000 requests, which is 10 times more than the number of humanitarian applications submitted around the world in a typical year, said a USCIS official. In response to Langevin’s criticism, the USCIS official said the agency is assigning additional staff for the workload. VOA News

Yuma, Arizona, Mayor Douglas Nicholls (R) told a Washington, D.C. forum that the increase of undocumented immigrants is stressing health care and nonprofits that assist migrants in his town. “As these (migrant) numbers continue to increase, it’s going to be beyond their capability,” he said. “From that perspective we have real concern about our health care system holding up, our nonprofit system holding up, and even our economy.” His comments come as apprehensions of immigrants at the southern border are at their highest numbers in decades. Immigration advocates say those numbers can be misleading since they might represent one migrant who was stopped multiple times. They also argued that nonprofits were under stress due to the pandemic before immigration numbers increased in Trump’s last year in office. AZMirror

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Recently, I wrote about the heroic efforts of my friends Processor Erin Barbato and the UW Law Immigration Clinic and Professor Stephen Yale-Loehr and the Cornell Law Immigration Clinic to help Afghan refugees, including assistance filing applications for “humanitarian parole.” 

https://immigrationcourtside.com/2021/10/21/%f0%9f%91%8d%f0%9f%8f%bc%f0%9f%98%8e%f0%9f%97%bdmore-ndpa-news-immigration-guru-professor-stephen-yale-loehr-cornell-immigration-clinic-help-afghan-refugees-with-humanitarian-parole-requests/

https://immigrationcourtside.com/2021/10/21/%f0%9f%97%bd%f0%9f%91%8d%f0%9f%8f%bc%f0%9f%98%8endpa-news-amazing-practical-scholar-professor-erin-barbato-leads-uw-law-clinic-in-helping-afghan-refugees-ft-mccoy-wi/

I also questioned the unusually high $575 fee being charged by USCIS for these emergency humanitarian applications! Now, we find out that for this outrageously high fee, USCIS has assigned only a “skeletal staff” of six adjudicators to process those very predictable applications.  Undoubtedly, that will result in unnecessary backlogs and processing delays.

Ur Mendoza Jaddoul
Ur Mendoza Jaddou
Director, USCIS
PHOTO: PotomacLaw.com

These are the types of “X’s & O’s” practical problems that USCIS Director Ur Jaddou was hired to fix. So, she needs to “get on the stick” and fix this NOW!

A drastic increase in humanitarian parole applications and backlogs was totally predictable. Why is it only getting attention after it becomes a problem and draws public criticism? 

🇺🇸Due Process Forever!

PWS

10-25-21

⚖️”THEY BELONG IN THE TRASH BIN” 🗑☠️ — NAIJ CAUTIOUSLY HOPEFUL THAT END OF QUOTAS WILL BRING MEANINGFUL CHANGE — Will Director David Neal Topple Toxic Top-Down Paramilitary Bureaucratic Structure @ EOIR? — Courts Aren’t “Agencies” & Can’t Be “Micromanaged” By “Edicts From On High” — Meaningful Advance Input From Judges, Court Clerks, Stakeholders, Outside Judicial Experts Has Been MIA @ EOIR For Decades, & Disaster & Dysfunction In Courts Show It!

Honorable Mimi Tsankov
Honorable Mimi Tsankov
U.S. Immigration Judge
President, National Association of Immigration Judges (“NAIJ”)

For immediate release – October 20, 2021

Contact: Jamie Horwitz, jhdcpr@starpower.net, 202/549-4921

An End to a Highly Controversial Quota System Imposed on Immigration Judges

This week Immigration Judges received an email message from Chief Immigration Judge Tracy Short stating that the performance metrics imposed by the Trump administration which violated judicial ethics are now “suspended.”

WASHINGTON –A deeply flawed and inefficient U.S. Department of Justice program that evaluated Immigration Judges primarily on the number of cases they heard, has been “suspended.” The DOJ will no longer evaluate judges on the number of cases they decide Chief Judge Tracy Short wrote in an email sent to the nation’s roughly 500 Immigration Judges this week.

Over the past three plus years, Immigration Judges have looked over their shoulders, worried about being disciplined, just for doing their jobs — providing due process.

“This week’s actions by the Department of Justice under Executive Office for Immigration Review Director David Neal are a step in the right direction toward restoring a greater measure of integrity to our nation’s Immigration Courts,” said Mimi Tsankov, president of the National Association of Immigration Judges. “Our organization looks forward to working with management to restore a fairer process that allows judges to focus on doing their jobs properly. The performance metrics developed by the Trump administration were a violation of judicial ethics, they belong in the trash bin.”

“The Agency is in the process of developing new performance measures, drawing from past successful measures and appropriate input, that will accurately reflect the workload of an immigration judge,” the chief judge wrote in his emailed message. “These new performance measures will focus on balance and equity for the various types of docket assignments.”

In 2018, then U.S. Attorney General Jeff Session imposed a quota of 700 decisions per year on each Immigration Judge, tied to performance reviews, regardless of the complexity of the cases.

The Trump administration also attempted to silence NAIJ from speaking out on the quota system and other policies by decertifying the union. While the union-busting efforts of the previous administration were not completely successful, full collective bargaining rights have yet to be restored to NAIJ.

The National Association of Immigration Judges (NAIJ), founded in 1971, is a voluntary organization formed with the objectives of promoting independence and enhancing the professionalism, dignity, and efficiency of the Immigration Court.

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

Hon. David. L. Neal
Hon. David L. Neal
Director
Executive Office For Immigration Review
USDOJ
PHOTO: C-SPAN

Can David Neal bring all the real parties in interest “to the table,” fashion workable, realistic judicial policies and procedures driven by due process and the realities of Immigration Court practice, keep DOJ’s political meddling at bay, and then tap “new talent” that can actually implement positive change in a judicial, non-bureaucratic manner that achieves “systemic buy-in?” Does he even want to? If so, will Team Garland empower him to succeed, or undermine him?

One thing in Director Neal’s favor: He already retired from EOIR once and presumably could do so again if pressured to elevate political agendas over due process and best practices.

On the flip side, at least one other Director in that same position chose to “go along to get along” with decisions and policies from the DOJ that actively undermined due process and substantially decreased confidence in government.

We’ll see whether the NAIJ’s “cautious optimism” about the “Neal Era @ EOIR” is justified or just another dashed dream about due process, fundamental fairness, and best practices!

🇺🇸Due Process Forever!

PWS

10-24-21

☠️⚰️🏴‍☠️HAITI IS NOT “SAFE,” & THE PERVASIVE GANG VIOLENCE APPEARS TO BE POLITICALLY MOTIVATED! — “They raped women, burned homes and killed dozens of people, including children, chopping up their bodies with machetes and throwing their remains to pigs. . . . It was organized by senior Haitian officials, who provided weapons and vehicles to gang members to punish people in a poor area protesting government corruption!” — So, Why Are Biden, Harris, Mayorkas, & Garland Illegally Returning Refugees There Without Hearing Their Asylum Claims?  👎🏽🤮

 

 

Catherine Porter
Catherine Porter
Toronto Bureau Chief
NY Times
PHOTO: NY Times website
Natalie Kitroeff
Natalie Kitroeff
Foreign Correspondent
NY Times
PHOTO: NY Times

https://www.nytimes.com/2021/10/21/world/americas/haiti-gangs-kidnapping.html?referringSource=articleShare

By Catherine Porter and Natalie Kitroeff

They raped women, burned homes and killed dozens of people, including children, chopping up their bodies with machetes and throwing their remains to pigs.The gruesome massacre three years ago, considered the worst in Haiti in decades, was more than the work of rival gangs fighting over territory. It was organized by senior Haitian officials, who provided weapons and vehicles to gang members to punish people in a poor area protesting government corruption, the U.S. Treasury Department announced last year.

Since then, Haiti’s gang members have grown so strong that they rule swaths of the country. The most notorious of them, a former police officer named Jimmy Cherizier, known as Barbecue, fashions himself as a political leader, holding news conferences, leading marches and, this week, even parading around as a replacement for the prime minister in the violent capital.

. . . .

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Read the rest of this gruesome, yet telling, report at the link.

Over 21 years on the Immigration Bench as both a trial and appellate judge, I adjudicated thousands of asylum claims. The circumstances described on this article undoubtedly would give rise to many potentially valid asylum and withholding claims, based on actual or implied political opinion and/or family or gender-based “particular social groups” and Convention Against Torture (“CAT”) grants based on torture with government acquiescence or actual connivance!

So, how do Biden, Harris, Mayorkas, and Garland, who to my knowledge have never represented an asylum applicant or adjudicated an individual asylum case among them, “get away” with simply suspending the rule of law, under false pretenses, for those entitled to seek asylum?

Stephen Miller must be on “Cloud Nine” as Biden & Co. carry out his White Nationalist plans to eradicate asylum, particularly when it protects women and people of color! This is even as Miller and his neo-Nazi cohorts (a/k/a “America First Legal”) are gearing up to sue the Biden Administration to block every measure that might aid immigrants, particularly those of color.

Stephen Miller Monster
He’s delighted with Biden’s abuse of  asylum seekers of color! Attribution: Stephen Miller Monster by Peter Kuper, PoliticalCartoons.com

By contrast with Miller’s delight, human rights NGOs have “had it” with the Biden Administration’s grotesque anti-asylum agenda! See, e.g.,https://m.dailykos.com/stories/2021/10/18/2058777/–We-refuse-to-be-complicit-Advocates-leave-Biden-admin-meeting-in-protest-of-Remain-in-Mexico-plan?detail=emaildkre

Haiti Corpses
NGOs don’t share the Biden Administration’s vision of what a “safe” Haiti looks like. Neither do kidnapped American missionaries!
PHOTO: Marcelo Casal, Jr., Creative Commons License

Angering and alienating your potential allies and supporters to aid the far-right program of your enemies who are determined to do whatever it takes to undermine, discredit, and destroy your Presidency! Obviously, I’m no political expert. But, sure sounds like an incredibly stupid, “designed to fail” strategy to me!

🇺🇸Due Process Forever!

PWS

1-23-21

☠️👎🏽GARLAND EOIR’S DISTURBINGLY BAD ANALYSIS IN YET ANOTHER ASYLUM CASE “OUTED” BY FIRST CIRCUIT! — Lopez Troche v. Garland

 

Dan Kowalski reports for LexisNexis Immigration Community:

http://media.ca1.uscourts.gov/pdf.opinions/20-1718P-01A.pdf

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/ca1-on-credibility-lopez-troche-v-garland#

“Mario Rene Lopez Troche (“Lopez Troche”), a native and citizen of Honduras, petitions for review of an order of the Board of Immigration Appeals (“BIA”) that affirms the denial of his application for withholding of removal and protection under the Convention Against Torture (“CAT”). We vacate and remand. …  [T]he record does not reveal the claimed inconsistency between the testimony and the reasonable fear interview as to Lopez Troche’s reporting to police that the BIA identified. The BIA cited to three portions of Lopez Troche’s testimony in support of its determination that the IJ did not clearly err in finding an inconsistency between what Lopez Troche told the asylum officer during his reasonable fear interview and how he testified as to the reporting of past abuse. But, none of those passages supports the BIA’s determination. … Nor is it possible to read either the BIA or the IJ to have inferred from Lopez Troche’s failure to report to the police the specific incidents that he discussed in his testimony that he was asserting in that testimony that did not report any incidents of abuse ever. Neither the IJ’s opinion nor the BIA’s expressly purports to premise its ruling as to adverse credibility on the basis of such inferential reasoning, see Chenery, 318 U.S. at 95, and we do not see what basis there would be for drawing that inference on this record, given that, in his reasonable fear interview, declaration, and testimony, Lopez Troche discussed a series of traumatic physical and sexual assaults that he had experienced that appears to have stretched back to a time when he was eight years old and that thus encompassed many more incidents than those addressed specifically in the portions of his testimony on which the BIA focused. As a result, we must vacate and remand the BIA’s order affirming the denial of Lopez Troche’s request for withholding of removal.”

[Hats way off to PAIR Project Legal Director Elena Noureddine and Staff Attorney Irene Freidel!]

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Law students and attorneys of the NDPA are out there helping refugees every day. Meanwhile, over at Garland’s dysfunctional EOIR, Immigration Judges and BIA Appellate Immigration Judges strain to improperly “diddle the record” to deny relief to asylum seekers! Then, OIL defends them!

Essentially, in this case, the BIA “made it up and misrepresented the record” in an effort to deny asylum for specious reasons! Then, OIL tried to “blow it by” the Circuit! 

“[T]he record does not reveal the claimed inconsistency between the testimony and the reasonable fear interview as to Lopez Troche’s reporting to police that the BIA identified.” That’s “judgespeak” for: The BIA invented non-existent “inconsistencies” to unfairly deny asylum. Then, OIL defended that fabrication and denial of due process! What does this say about Garland’s leadership at DOJ?

Whatever happened to legal and judicial ethics? Clearly they were “deep sixed” under Sessions and Barr. But, why is Garland continuing to operate DOJ as an “ethics and quality free zone?”

This is a bad system with the wrong folks in too many judicial and leadership positions and presenting an overwhelming need for robust, bold change in how decisions are made and defended in Circuit Court. So far, Garland has not made the fundamental personnel changes and “quality upgrades” necessary to bring due process and some semblance of expertise and order back to his broken Immigration Courts! Why not?

Why are the kind of individuals who should be Immigration Judges and EOIR judicial leaders, talented lawyers like Elena and Irene, still “on the outside” rather than being actively recruited and brought in to replace those unable to perform judicial, administrative, and litigation duties in a fair, expert manner, that enhances due process? Why is EOIR still operating with a “judiciary” the majority of whom were installed by the Trump regime at Justice to “dehumanize, deport, and deter” without regard for due process? Why is OIL continuing to “defend the indefensible?” Why isn’t Congress asking Garland these questions?

Government lacking in expertise, intellectual honesty, professional ethics, and accountability is “bad government.” That’s true no matter which party holds power!

🇺🇸Due Process Forever!

PWS

10-21-21

👍🏼😎🗽MORE NDPA NEWS: IMMIGRATION GURU PROFESSOR STEPHEN YALE-LOEHR & CORNELL IMMIGRATION CLINIC HELP AFGHAN REFUGEES WITH HUMANITARIAN PAROLE REQUESTS!

Professor Stephen Yale-Loehr
Professor Stephen Yale-Loehr
Cornell Law

https://www.lawschool.cornell.edu/news/cornell-law-students-and-professors-assist-afghans-at-risk/

Cornell Law Students and Professors Assist Afghans at Risk

By Alexandra Eguiluz

October 19, 2021

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The National Lawyers Guild and the International Refugee Assistance Project chapters at Cornell Law School, along with two professors and over three dozen law students, are volunteering to help Afghans seeking humanitarian parole in the United States. The recent turmoil in Afghanistan caused by the withdrawal of American troops and the takeover of the Taliban has forced many individuals into hiding and fearing for their lives, especially if they helped the U.S. military, government contractors, or Western aid groups.

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Law student volunteers, Amy Godshall ’23 (far left), Jason Steuerwald ’23, Ethan Taveras ’23, and Matt Nelson ’23 (far right) preparing to mail the eleven cases they filed during the first week of October.

Humanitarian parole is a rarely used avenue in U.S. immigration law that allows individuals to come to the United States temporarily for urgent humanitarian reasons. The U.S. Embassy in Kabul has been closed, leaving Afghans with no option but to either leave Afghanistan and begin humanitarian procedures in another country or stay in Afghanistan and have a family member or friend in the United States sponsor them. Almost all of the individuals who are receiving legal assistance on their humanitarian parole applications at the Law School are currently in Afghanistan.

Cornell Law students Ethan Taveras ’23, Amy Godshall ’23, Jason Steuerwald ’23, and Victoria (Tori) Staley ’23 are spearheading the project, which involves fifty law students who are volunteering their time and efforts. Aside from gathering paperwork from the families and filing cases, all four law students are also working on training other law student volunteers. Professors Stephen Yale-Loehr, director of the Asylum and Convention Against Torture Clinic, and Beth Lyon, associate dean for experiential education and clinical program director, are volunteering their time to supervise the law students.

“Currently there are about seventy active humanitarian parole cases we’re working on. Jason and Amy just filed a case for eleven people,” said Staley.

Although the project is in its initial stages, the students are facing some challenges, including high application fees ($575 per applicant), gathering evidence from individuals in hiding or separated from their identification documents, compiling all the documentation required for the application, and uncertainty with how long the U.S. Citizenship and Immigration Services will take to decide on the applications. All these challenges, particularly the last one, are currently leaving Afghan applicants “waiting, without knowing whether they should leave Afghanistan or not,” said Godshall.

Despite these challenges, most of the students have been able to speak directly with the Afghan clients and their sponsors. Some clients or sponsors speak English; in other cases, the students are using the translation feature in WhatsApp. “We hope to file another chunk of cases in the next few weeks,” said Staley.

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

Thanks, Steve, to you and your students for all they are doing for humanity and American justice! 

I must say that for USCIS to charge each refugee $575 for the humanitarian parole application seems rather “Trumpian.”

🇺🇸Due Process Forever!

PWS

10-21-21

🍅MORE ROTTEN TOMATOES FOR GARLAND, SESSIONS: NDPA SUPERSTAR 🦸🏻‍♂️🌟 BEN WINOGRAD CREAMS GARLAND’S BIA, OIL IN 4TH CIR! — Sessions’s Wrong Matter of S-O-G- & F-D-B- (Illegally Denying Authority To Terminate) Falls, As OIL Argues Nonsensical Position — Garland’s Continuing Wasteful Failure To Get Control Of Immigration Bureaucracy @ DOJ Squanders Time & Resources, Puzzles Article IIIs, Promotes Arbitrary & Capricious “Justice” @ Justice! — Chavez-Gonzalez v. Garland

Ben Winograd
Ben Winograd, Esquire
Immigrant & Refugee Appellate Center
Falls Church, VA

Here’s the complete opinion by Judge Thacker, joined by Judges Floyd & Harris:

https://drive.google.com/file/d/1MwZtKE73ucoEVTR9HOZcqUWxTB6RfyxK/view?usp=sharing

Here’s my favorite quote from Judge Thacker’s opinion, highlighting Garland’s out of control DOJ immigration bureaucracy! 

This case was argued on September 21, 2021, more than two months after Matter of Cruz-Valdez, 28 I&N Dec. 326 (AG 2021), where AG Garland had refuted Sessions’s legal reasoning! Moreover, the 4th Circuit itself had pointed out the legal flaws in overruling Session’s abominable Castro-Tum, his abuse of AG authority that began this whole sorry episode in American jurisprudence. Yet, OIL argued this case as if nothing had happened and “Gonzo” Sessions were still in charge!

Looking to the character and context of the Government’s litigating position — in stark contrast to its recent regulatory position explained below — we are quite frankly puzzled that the Government currently stands in support of Attorney General Sessions’s decision in Matter of S-O-G-, particularly in light of the fact that Matter of S-O-G- relies heavily on Castro-Tum, which is no longer good law.

To begin with, this court has overruled Castro-Tum in Romero, in which we relied on the broad language of 8 C.F.R. §§ 1003.10(b) and 1003.1(d)(1)(ii) to hold that the immigration courts possess the authority to administratively close cases. Indeed, the fact that Castro-Tum has been overruled should not only begin the analysis here, but it should definitively end it.

But, beyond the fact that Castro-Tum is now defunct, Attorney General Garland no longer takes the position set forth in Castro-Tum and has since disavowed the idea that the IJs and BIA cannot administratively close proceedings. In Matter of Cruz-Valdez, Attorney General Garland decided, “Because Castro-Tum departed from long-standing practice, it is appropriate to overrule that opinion in its entirety and restore administrative closure” authority to the agency. Matter of Cruz-Valdez, 28 I. & N. Dec. 326, 329 (A.G. 2021). In doing so, Attorney General Garland noted “three courts of appeals have rejected Castro- Tum” and held that administrative closure is “‘plainly within an [IJ]’s authority’ under Department of Justice regulations.” Id. at 328 (citing Arcos Sanchez v. Att’y Gen. U.S. of

Am., 997 F.3d 113, 121–22 (3d Cir. 2021); Meza Morales v. Barr, 973 F.3d 656, 667 (7th 18

USCA4 Appeal: 20-1924 Doc: 54 Filed: 10/20/2021 Pg: 19 of 26

Cir. 2020) (Barrett, J.); Romero, 937 F.3d at 292). Indeed, “[o]nly one court of appeals has upheld Castro-Tum.” Id. (citing Hernandez-Serrano v. Barr, 981 F.3d 459, 464 (6th Cir. 2020). “[B]ut even that court subsequently ruled that [IJs] and the [BIA] do have authority to grant administrative closure in order to permit a noncitizen to apply for a provisional unlawful presence waiver.” Id. (citing Garcia-DeLeon v. Garland, 999 F.3d 986, 991–93 (6th Cir. 2021)). Attorney General Garland’s position on administrative closure in Matter of Cruz-Valdez (and the reasoning behind it) calls into question the Government’s position in this matter and Matter of S-O-G- that IJs and the BIA do not have the inherent authority to terminate proceedings.3

The obvious answer here is that Garland has failed to take the necessary steps to replace the BIA and bring new leadership to OIL.

This should have been “Week One Stuff” after Garland assumed office! Instead, the EOIR system continues to careen out of control, clog the Article III judiciary with semi-frivolous litigation, and destroy human lives! 

How many wrongly-treated respondents are fortunate enough to have Ben Winograd take up their cause, or indeed to have any legal assistance at all? How many can even get to the Court of Appeals to correct Garland’s errors?

The continued dysfunction at EOIR & DOJ is a humanitarian crisis and a threat to our legal system and American democracy! It’s high time for Judge Garland to wake up and treat this mess like the existential crisis it is!

Congrats again to Ben Winograd! Obviously, Garland should have recruited real immigration experts like Ben to be on the BIA or supervise OIL to get this system back on track. Why hasn’t he? 

🇺🇸Due Process Forever!

PWS

10-20-21

BREAKING: ABSURDIST “IJ DASHBOARDS” HEADED FOR THE SCRAP HEAP? — New EOIR Director David Neal Reportedly Takes Prompt Action To Eliminate Wasteful, Counterproductive, Stress-Inducing “Big Brotherism” On The Bench!

Hon. David. L. Neal
Hon. David L. Neal
Director
Executive Office For Immigration Review
USDOJ
PHOTO: C-SPAN

BREAKING: ABSURDIST “IJ DASHBOARDS” HEADED FOR THE SCRAP HEAP? — New EOIR Director David Neal Reportedly Takes Prompt Action To Eliminate Wasteful, Counterproductive, Stress-Inducing “Big Brotherism” On The Bench!

By Paul Wickham Schmidt

Courtside Exclusive

Oct. 20, 2021

Sources in and outside of EOIR confirm that new EOIR Director “David Neal has ended the dashboard. Supposedly, new IJ quotas are coming, which will be presented as kinder, more humane quotas.”

The “IJ Dashboards,” inextricably tied to due-process-denying “deportation quotas” for Immigration Judges were one of the stupidest, most childish, and transparently counterproductive wastes of taxpayer money by the Trump regime at the DOJ. They were harshly criticized both internally and by outside commentators, including “Courtside.” Their ineffectiveness in reducing backlogs and their adverse effects on already “below basement level” IJ morale are matters of public record!

Shockingly, this wasteful abuse of technology was undertaken at a time when EOIR was continuing its two decade abject failure to implement a badly-needed and long overdue nationwide e-filing system. Who knows how many files and filings are actually floating around EOIR (“lost in space”)? EOIR incompetence means we might never know the full extent of the ongoing backlog disaster! Will David Neal become the first Director in more than two decades to actually solve this problem, rather than just scrambling to conver up failure?

Congratulations to Director Neal for “taking at least one small step for mankind.” We’ll wait to hear what he does to make “IJ quotas” more “kind and gentle.” 

The obvious “no brainer” answer is to eliminate them entirely. They could be replaced with realistic, non-mandatory “goals” or “guidelines” for deciding certain types of cases. This might provide helpful guidance for IJs in setting expectations and fairly and professionally handling clogged dockets, rather than ham-handed attempts at coercion and transparent “blame shifting.”

However those guidelines would have to be developed with input from the Immigration Judges themselves, counsel from both the private bar and DHS, and some true judicial experts — perhaps “on loan” from the Administrative Office for U.S. Courts, the Brennan Center, the ABA, and/or the FBA.

Past “goals and timetables” have been the product of political posturing and wishful thinking by those bureaucrats at DOJ and EOIR trying to shift blame and CTA for the failing system under their responsibility. The legitimacy of the process by which any guidelines are established is critical to making them realistic and helpful, rather than just another bureaucratic gimmick untethered to reality as past guidelines have been.

🇺🇸Due Process Forever!

PWS

10-20-21

⚖️🗽⚔️🛡 — ROUND TABLE COMMENTS ON PROPOSED ASYLUM REGS RIP LIMITATIONS ON IJ REVIEW, UNFAIR RESTRICTIONS ON DE NOVO HEARINGS, AMONG OTHER THINGS! 

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

KEY EXCERPT:

III.E. Limitation on Immigration Judge Review

We strongly oppose the proposal to severely restrict the right of those denied asylum by USCIS to a full de novo merits hearing before an Immigration Judge.Given these significant increases in efficiency mentioned above, the proposed restrictions are unnecessary to reduce the backlog.Regardless, even if EOIR and DHS disagree with this assessment, regulations may neither contradict the Congressional intent of statutes they seek to interpret, nor deny due process in the name of efficiency.Yet the proposed rule would violate both of these principles in the changes they propose to the Immigration Court procedures.

EOIR and DHS claim that the statutory language of 8 U.S.C. § 1225(b)(1), requiring “further consideration of the application for asylum” to those found to have a credible fear of persecution, is ambiguous.In fact, the legislative history of that statute demonstrates that Congress intended for all of those found to possess a credible fear of persecution to be afforded full Immigration Court hearings. At a 1996 hearing on the bill, Senator Alan Simpson (R-WY) assured that “[a] specially trained asylum officer will hear his or her case, and if the [noncitizen] is found to have a ‘credible fear of persecution,’ he or she will be provided a full—full—asylum hearing.”EOIR and DHS are asked to note Sen. Simpson’s repetition of the word “full.”

This same sentiment was echoed by Senator Patrick Leahy (D-VT), who stated that those who establish credible fear “get a full hearing without any question,” and Rep. Lamar Smith (R-TX), who emphasized that those with a credible fear of persecution “can go through the normal process of establishing their claim.”The regulatory proposal is thus improperly violative of Congressional intent.

As to due process, in a 2013 decision, Oshodi v. Holder, the U.S. Court of Appeals for the Ninth Circuit held that limiting an asylum seeker’s testimony to events that were not duplicative of the written application, on the belief that the written record would suffice for deciding veracity, was a violation of the asylum seeker’s due process rights.  Yet the proposed regulations seek to codify what according to Oshodi the Constitution specifically forbids.

The court in Oshodi stated that “the importance of live testimony to a credibility determination is well-recognized and longstanding.”Our own experience supports this conclusion.Immigration Judges have long decided cases that were first heard by Asylum Officers.  The outcomes of those cases offer strong reason to question the logic of what is now being proposed.  EOIR’s Statistical Yearbook for 2016 (the last year such stats were made available) shows that 83% of cases referred by asylum officers were granted asylum that year by Immigration Judges conducting de novo hearings.

Having heard as Immigration Judges many cases referred from the Asylum Office, we believe that the right to a full de novo court hearing, in which attorneys were free to offer documents and briefs, and to present testimony as they saw fit, was the reason for the large disparity in outcomes.  The current system itself recognizes this; it is why asylum officers, who need not be attorneys, are limited to granting clearly meritorious cases, and must refer the rest to courts better equipped to delve into the intricacies of a highly complex field of law.

We can vouch from our experience on the bench to the importance of hearing live testimony in reaching the correct decision.We decided many cases in which in-person demeanor observations were instrumental to our credibility findings.Credibility is often a threshold issue in applications for asylum and related relief.In 2005, Congress specifically amended the criteria Immigration Judges may rely on in deciding credibility.While those criteria include their observations of the “demeanor, candor, or responsiveness of the applicant or witness” (observations which cannot be made unless testimony is witnessed), there is no provision in the statute for reaching credibility findings by reviewing an asylum officer’s opinion on the topic.The court in Oshodi cited language in a House conference report on the REAL ID Act of 2005, containing the following quote: “An immigration judge alone is in a position to observe an alien’s tone and demeanor, to explore inconsistencies in testimony, and to apply workable and consistent standards in the evaluation of testimonial evidence. He [or she] is, by virtue of his [or her] acquired skill, uniquely qualified to decide whether an alien’s testimony has about it the ring of truth.”

We can also state from experience that critical “Eureka” moments arise unexpectedly in the course of hearing testimony.  A question from counsel, or sometimes from the judge, will elicit an answer that unexpectedly gives rise to a new line of questioning, or even a legal theory of the case.  An example is found in last year’s Second Circuit decision in Hernandez-Chacon v. Barr.  In that case, the Second Circuit found that a woman’s act of resisting rape by an MS-13 gang member could constitute a political opinion based on one sentence not contained in the written application, and uttered for the first time at the immigration court hearing: when asked why she resisted, the petitioner responded: “Because I had every right to.”  From that single sentence, the Second Circuit  found that the resistance transcended mere self-protection and took on a political dimension.

Under the proposed rules, the attorney would likely never have been able to ask the question that elicited the critical answer.  At asylum office interviews, attorneys are relegated to sitting in the corner and quietly taking notes.Some of us teach trial advocacy skills to immigration attorneys, where we emphasize the importance of attorneys formulating a theory of their case, and then presenting documentary evidence and testimony in a manner best designed to support that theory.During our time on the bench, we looked forward to hearing well-presented claims from competent counsel; good attorneys increased efficiency, and usually led us to reach better decisions.And as former asylum officers have indicated that the concept of imputed political opinion was not available to them as a basis for granting asylum, questioning in support of such theory will not be covered in an asylum office interview.

But under the proposed procedures, attorneys are largely relegated to passive observer status.At asylum office interviews, attorneys are only provided a brief opportunity to speak after the interview has been completed.And in cases referred to the Immigration Court, the new restrictions may prevent attorneys from presenting any testimony at all.

As to the criteria that must be met in order to supplement the record before the Immigration Judge, whether evidence is duplicative or necessary is a fuzzy concept.  For example, the law accords  greater deference to government sources, such as State Department reports, and at times, Immigration Judges may find other evidence deserving of “little evidentiary weight.”  Thus, sometimes duplicative evidence is necessary to persuade a judge who may otherwise not be sufficiently swayed by a single report.  But that need might not become apparent until the hearing is concluded, whereas decisions to exclude additional testimony and documentary evidence are made much earlier, at the outset of the proceeding.

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Read our full commentary,, including some parts of the proposal we endorse, here:

Comments NPRM Credible Fear procedures 10-19-21

Many, many, many thanks to “Sir Jeffrey” Chase for collecting the “sentiments of the group” and preparing these cogent comments under extreme pressure!

🇺🇸Due Process Forever!

PWS

10-20-21

⚖️☹️ (NO) SURPRISE! — “GARLAND’S GIMMICKS” FAIL TO STEM GROWTH OF EOIR BACKLOG, NOW APPROACHING ASTOUNDING 1.5 MILLION! 🆘— “Bogus Dedicated Dockets,” Gross Abuse Of Title 42 To Deny Fair Hearings, Due Process Denying “Production Quotas,” “Trumped-Up Judiciary” Can’t Overcome Lack Of Dynamic Progressive Practical Leaders & Judges, As 98% Of New Filings Non-Criminal & Intake Outpaces Completions By 2.5 to 1! — Many Of Us Predicted This, & Offered Obvious Solutions — Why Are Garland, Mayorkas, & Other Biden Immigration Honchos “Asleep @ The Switch?”  😴 — Latest TRAC Report Damning For Garland’s Beyond Dysfunctional Courts! 

 

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

https://trac.syr.edu/whatsnew/email.211014.html

Number of New Deportation Cases Far Outpaces Completed Cases in FY 2021

(14 Oct 2021) According to TRAC’s updated Quick Facts tools, the number of new deportation cases filed with the Courts in FY 2021–over 315,000–is more than double the number of completed cases over the same period which, according to Immigration Court records, currently sits at less that 145,000. When incoming cases exceed the capacity of the Courts to adjudicate those cases, the Immigration Court backlog continues to grow. At the end of September 2021, the end of FY 2021, the total number of pending cases reached nearly 1.5 million total cases, larger than the population of San Diego, the eighth largest city in the United States.

The Transactional Research Access Clearinghouse (TRAC) a research organization at Syracuse University created ‘Quick Facts’ tools to provide a user-friendly way to see the most updated data available on immigrant detention and the Immigration Courts. The tools include easy-to-understand data in context and provide quotable descriptions.

Highlights from data updated today on immigrants facing deportation in court include the following:

  • Immigration Courts recorded receiving 315,491 new cases so far in FY 2021 as of September 2021. This compares with 144,654 cases that the court completed during this period.
  • According to court records, only 2.0% of FY 2021 new cases sought deportation orders based on any alleged criminal activity of the immigrant, apart from possible illegal entry.
  • At the end of September 2021, 1,457,615 active cases were pending before the Immigration Court.
  • Los Angeles County, CA, has the most residents with pending Immigration Court deportation cases (as of the end of September 2021).
  • So far this fiscal year (through September 2021), immigration judges have issued removal and voluntary departure orders in 29.7% of completed cases, totaling 43,031 deportation orders.
  • So far in FY 2021 (through September 2021), immigrants from Mexico top list of nationalities with largest number ordered deported.
  • Only 20.6% of immigrants, including unaccompanied children, had an attorney to assist them in Immigration Court cases when a removal order was issued.
  • Immigration judges have held 22,712 bond hearings so far in FY 2021 (through September 2021). Of these 6,997 were granted bond.

For more information, see TRAC’s Quick Facts tools here or click here to learn more about TRAC’s entire suite of immigration tools.

If you want to be sure to receive a notification whenever updated data become available, sign up at:

https://tracfed.syr.edu/cgi-bin/tracuser.pl?pub=1

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https://twitter.com/tracreports

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TRAC is self-supporting and depends on foundation grants, individual contributions and subscription fees for the funding needed to obtain, analyze and publish the data we collect on the activities of the US Federal government. To help support TRAC’s ongoing efforts, go to:

https://trac.syr.edu/cgi-bin/sponsor/sponsor.pl

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Being able to say “toldya so” to the crowd in the Biden Administration is of little consolation to those of us in the Round Table of Former Immigraton Judges ⚔️🛡and the NDPA who have had to witness the unfolding (yet preventable) human disasters caused by the Biden Administration’s inept, tone-deaf, frankly spineless approach to EOIR and the rest of the dysfunctional USG immigration bureaucracy! 

An operationally independent EOIR under dynamic progressive leadership and a BIA of judges who are practical experts in asylum and immigration could have cut the backlog by eliminating non- priority cases (most of what is in the EOIR backlog) and showing that fair, legal, timely, and generous administration of asylum laws can work and produce efficient, yet humane, correct, and consistent results!

Instead, the disgraceful mess at EOIR promotes human suffering and dysfunction, waste, and abuse in government. Backlog building “Aimless Docket Reshuffling,” (“ADR”), continuing to move cases around to meet administrative objectives unrelated to the needs of the parties and the input of the sitting Immigration Judges, continues to plague Garland’s failed courts.

Indeed, if Garland’s EOIR were a country, it would be considered a “failed state!”

A reformed EOIR also could have exposed and perhaps corrected some of the continuing systemic abuses at DHS (see, e.g., “Baby Jails,” “Family Gulags,” and absurdly inconsistent and irrational bond procedures)!

🇺🇸 Due Process Forever!

PWS

10-19-21

🆘⚖️MR. NEGUSIE’S 17-YR ODYSSEY INTO JUDICIAL NEVER-NEVER LAND CONTINUES —  GARLAND’S CERTIFICATION OF MATTER OF NEGUSIE, 28 I&N DEC. 399 (A.G. 2021) — A Microcosm Of All That’s Wrong With Our Immigration Court System — 17 Years, 4 Administrations, 5 Different Tribunals, 0 Final Resolution! — Calling Charles Dickens! 

https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDAsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMTEwMTIuNDcyNTU4OTEiLCJ1cmwiOiJodHRwczovL3d3dy5qdXN0aWNlLmdvdi9lb2lyL3BhZ2UvZmlsZS8xNDQxMjYxL2Rvd25sb2FkIn0.5W9gUw8pz8DPzsg7kAN8OnR6-Fn9dKgiW5oNm1UqGzM/s/842922301/br/113790680583-l

Cite as 28 I&N Dec. 399 (A.G. 2021) Interim Decision #4029

Matter of NEGUSIE, Respondent

Decided by Attorney General October 12, 2021

U.S. Department of Justice Office of the Attorney General

BEFORE THE ATTORNEY GENERAL

Pursuant to 8 C.F.R. § 1003.1(h)(1)(i), I direct the Board of Immigration Appeals (“Board”) to refer this case to me for review of its decision. The Board’s decision in this matter is automatically stayed pending my review. See Matter of Haddam, A.G. Order No. 2380-2001 (Jan. 19, 2001).

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This terse decision conceals a total, disgraceful mess in our justice system!

  • Mr. Negusie, the respondent in this case, filed his asylum application before an Immigration Judge in 2004 — 17 years ago!
  • In 2005, the IJ denied his application because of the so-called “persecutor bar,” but “deferred” his removal to Eritrea under the Convention Against Torture(“CAT”).
  • The BIA affirmed the IJ’s decision.
  • In 2007, the 5th Circuit affirmed the BIA.
  • In 2009, the Supreme Court reversed the BIA, and remanded the case to the BIA under their “Chevron doctrine” of “judicial task avoidance,” Negusie v. Holder, 555 U.S. 511 (2009].
    • At that time, in separate opinions, five Justices expressed rather definitive views about the substantive legal issue.
    • Justices Thomas, Scalia, and Alito all clearly believed that there should be no “duress exception” to the persecutor bar.
    • Justices Stevens and Breyer obviously thought that there was a “duress exception.”
    • The other four, Chief Justice Roberts, Justices Kennedy, Souter, & Ginsburg, had obviously studied matter, but rather than resolving the issue, chose to “punt” it back to the BIA for their supposed “expert interpretation” — an unusual “vote of confidence” in an administrative body they had just found to have misinterpreted their prior decisions.
  • “The Interregnum:” For the next nine years, during which both Administrations and BIA membership changed several times, the BIA “ruminated” on the task assigned them by the Supremes. Finally, in 2018, the BIA issued a precedent decision finding a limited “duress defense.”  Matter of Negusie, 27 I&N Dec. 347 (BIA 2018). Nevertheless, the BIA found that Negusie didn’t qualify for that limited defense. So, Negusie lost! But, that was hardly the end of the matter within the convoluted world of the DOJ!
  • Despite the Government’s prevailing in Negusie’s case, four months later, AG Sessions “certified” that decision to himself.
  • Two years later, in 2020, another AG, Billy Barr, who had succeeded Sessions, reversed the BIA in a precedent, finding that there was no “duress exception,” however limited, to the “persecutor bar.” Matter of Negusie, 28 I&N Dec. 120 (A.G. 2020). Mr.Negusie lost once again, but this time on a different rationale than employed by the BIA!
  • The case was returned to the BIA for “background checks,” since Mr. Negusie’s removal had been indefinitely “deferred” under the Convention Against Torture (“CAT”). After Mr.Negusie’s background “cleared,” the BIA apparently entered a final order of removal to Eritrea, but “deferred” execution of that order under CAT.
  • Thereafter, on April 15, 2021, Mr. Negusie exercised his right to seek review in the 5th Circuit for the second time. https://dockets.justia.com/docket/circuit-courts/ca5/21-60314
  • But, before that review was complete, AG Garland “certified” the last BIA decision (actually Barr’s 2020 precedent) for review, thus “staying” its effect.
  • Summary: one IJ decision; three trips to the BIA; two trips to the Fifth Circuit; three AG decisions; one trip to the Supremes = no decision on a 2004 application!
  • In other words, five different tribunals have had this case before them at least nine times over 17 years without finally resolving the issue!
  • In the meantime, I can tell you from past experience that this issue arises on a regular basis before Immigration Judges. They, in turn, must resolve it as best they can without definitive guidance from higher judicial authorities, sometimes relying on “precedents” that later are vacated or invalidated.
  • The solution: How about a BIA made up of real judges: true nationally respected experts and “practical scholars” in immigration, human rights, and due process who will provide timely, legally correct guidance at the initial appeal level?
  • And, if they do happen to get it wrong, how about Supremes that decide the legal issues coming before them, as they are paid to do, rather than aimlessly “orbiting” legal questions back to the lower tribunals that got them wrong in the first place under the highly problematic “Chevron doctrine of high-level judicial task avoidance?”
  • Also, in the event such reforms were made, how about Attorneys General, who traditionally have particular expertise in neither immigration nor human rights, keeping their “fingers out of the pie” and letting the real experts do the work? (In this respect, while AG Sessions had a long, disgraceful political history of advancing far right, xenophobic, racist, misogynistic tropes, such that his nomination to become a Federal Judge was rejected by his own party, no recognized immigration/human rights expert would classify Sessions as having either legal expertise in the area or proper qualifications to serve in any judicial capacity including a “quasi-judicial” one, particularly in areas where he had previously and consistently shown extreme bias and intellectual dishonesty in his public statements and actions. Nor did AG Barr have any legitimate expertise that would qualify him to participate in quasi-judicial capacity in immigration and human rights cases. While, ordinarily, a Federal Circuit Judge with long service would acquire some immigration experience and perhaps develop expertise, Judge Garland sat on the DC Circuit, which did not regularly review Immigration Court cases, because there is no Immigration Court sitting in D.C.) 
  • One might also ask why the Supremes would remand to a purportedly “expert agency” for statutory interpretation, only to have the process hijacked by politicos?
  • Finally, multi-raspberries to Congress who let this disgraceful abuse of both taxpayer resources and our justice system go on, in plain sight, for decades without corrective action. America needs an independent Article I Immigration Court, with judges selected on a merit basis, NOW!
  • Where’s Charles Dickens when we need him? See, e.g., Jarndyce v. Jarndyce.

🇺🇸Due Process Forever!

PWS

10-15-21

BIA REMINDS IJs THAT THEY CAN RE-ADJUDICATE BONA FIDES OF MARRIAGE N/W/S APPROVED I-130 IN ADJUSTMENT CASE — Matter of Kagumbas, 28 I&N Dec. 400 (BIA 2021)

 

https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDAsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMTEwMTMuNDcyOTIyNTEiLCJ1cmwiOiJodHRwczovL3d3dy5qdXN0aWNlLmdvdi9lb2lyL3BhZ2UvZmlsZS8xNDQxMzY2L2Rvd25sb2FkIn0.-EyjMTHsjPdwrMlXLDcXD-GhHqRLLd3tG98HlTvi_Uo/s/842922301/br/113820816013-l

BIA HEADNOTE:

An Immigration Judge has the authority to inquire into the bona fides of a marriage when considering an application for adjustment of status under section 245(a) of the Immigration and Nationality Act, 8 U.S.C. § 1255(a) (2018).

PANEL: MULLANE, COUCH, and OWEN, Appellate Immigration Judges

OPINION: Judge Hugh Mullane

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If IJs are going to go behind an approved I-130, why not just allow respondents to choose to file the I-130 and the I-1485, Application for Adjustment of Status, simultaneously in Immigration Court (like at USCIS) and have the IJ adjudicate the visa petition along with the application?

In this case, the IJ and ACC did offer the respondent a chance to apply for adjustment before USCIS. Perhaps, he should have taken it.

🇺🇸Due Process Forever,

PWS

10-14-21