Category: Clinical Teaching

THE GIBSON REPORT:  05-09-22 — Compiled By Elizabeth Gibson, Esquire, Managing Attorney, National Immigrant Justice Center — HEADLINERS: 2d Cir. Reverses BIA On CIMT; Texas AG Targets Legal Assistance To Migrants; EOIR “Friend of Court” Memo; Lack Of Immigrants Hurting U.S. Economy — PLUS BONUS COVERAGE:  New Legal Aid Alliance Aims to Build a Model for Universal Representation for Detained Immigrants!

Elizabeth Gibson
Elizabeth Gibson
Managing Attorney
National Immigrant Justice Center
Publisher of “The Gibson Report”

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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

New EOIR Friend of the Court Memo

EAD Automatic Extension Time Period—Temporary Increase to up to 540 Days

USCIS Changing Communication of Case Processing Data

 

NEWS

 

Mexico will take back more Cubans and Nicaraguans expelled by U.S.

WaPo: The deal is potentially significant because the Mexican government has more latitude to carry out deportation flights to Cuba and Nicaragua, nations whose frosty relations with Washington severely limit the United States’ ability to return their citizens.

 

New Legal Aid Alliance for Detained Immigrants Facing Deportation in the Chicago Immigration Court

MIDA: The Midwest Immigrant Defenders Alliance (MIDA) is a partnership between three nonprofit organizations — the National Immigrant Justice Center, The Resurrection Project, and The Immigration Project — and the Law Office of the Cook County Public Defender. The groups will lay the groundwork toward ensuring anyone who is detained by ICE and facing removal proceedings before the Chicago Immigration Court has access to legal representation. The program will reach immigrants detained in Wisconsin, Indiana, and Kentucky. While ICE no longer detains people in Illinois as the result of a state law enacted earlier this year, the groups will be representing Illinois residents who are being detained in other states.

 

Texas governor says the state may contest a Supreme Court ruling on migrant education

NPR: Abbott first made his remarks about the landmark education decision on Wednesday, in the aftermath of a leaked Supreme Court draft opinion that would overturn Roe v. Wade. Abbott said the court’s 1982 ruling had imposed an unfair burden on his state. “I think we will resurrect that case and challenge this issue again, because the expenses are extraordinary and the times are different” from when the decision came down, Abbott said in an interview with conservative radio host Joe Pagliarulo.

 

Texas AG Opens Probe Into State Bar’s Immigration Funding

Texas Attorney General Ken Paxton announced Friday that his office had launched an investigation into the charitable arm of the State Bar of Texas over allegations that the organization is providing funding to “entities that encourage, participate in and fund illegal immigration.”

 

DeSantis scrutinizes health care costs for the undocumented

Politico: The DeSantis administration on Thursday asked state hospitals to tally up the cost of providing medical care to undocumented immigrants. It’s part of an executive order Gov. Ron DeSantis signed in September, but just had his Agency for Health Care Administration start implementing.

 

For Second Straight Year, California Sees a Population Decline

NYT: California lost 117,552 residents last year, driven largely by the Covid death toll and a sharp drop in foreign immigration. This followed a slightly bigger decline in 2020, when the state lost 182,083 residents — the first time in more than a century that California got smaller.

 

The Things They Carried: Is the Border Patrol discarding asylum seekers’ documents?

Border Chron: In Arizona and Texas, border residents are noticing more and more personal belongings left behind, including confidential documents, along the U.S. side of the border wall.

 

Biden administration scrambles to deal with Russians trying to reach America

Politico: A senior administration official told POLITICO that the United States is exploring ways to increase Russians’ access to the U.S. refugee program, but the official declined to give details. At the same time, U.S. diplomats are effectively being warned to be extra careful in issuing tourist visas to Russians because they are more likely to overstay them due to the war, according to the April 26 cable obtained by POLITICO.

 

Massachusetts Senate OKs immigrant driver’s license bill

AP: The bill was approved 32-8 in the Democratic-controlled chamber. That’s enough to override a possible veto from Republican Gov. Charlie Baker, who has expressed opposition to similar efforts in the past.

 

Less immigrant labor in US contributing to price hikes

AP: The U.S. has, by some estimates, 2 million fewer immigrants than it would have if the pace had stayed the same, helping power a desperate scramble for workers in many sectors, from meatpacking to homebuilding, that is also contributing to supply shortages and price increases.

 

U.S. Homelessness Haunts Migrant Families Separated by Trump, Reunited by Biden

Reuters: Of the 200 families the task force has so far reunited, including Hernandez and her daughters, around three-quarters have struggled with housing insecurity, according to previously unreported data collected by two groups that aid them, Together & Free and Seneca Family of Agencies.

 

U.S. labor agency moves to thwart intimidation of immigrant workers

Reuters: The top lawyer at the agency that enforces U.S. labor laws on Monday directed staff to assure foreign workers that they will not face immigration-related consequences for filing complaints against employers or acting as witnesses in cases.

 

LITIGATION & AGENCY UPDATES

 

Court orders additional briefing in dispute over “remain in Mexico” policy

Howe: In a short order, the justices asked both sides in the dispute to weigh in on technical – but potentially dispositive – issues relating to the court’s power to hear the case.

 

Matter of German Santos, 28 I&N Dec. 552 (BIA 2022)

BIA: Any  fact  that  establishes  or  increases  the  permissible  range  of  punishment  for  a criminal offense is an “element” for purposes of the categorical approach, even if the term “element” is defined differently under State law… Title 35, section 780-113(a)(30) of the Pennsylvania Consolidated Statutes, which punishes possession with intent to deliver a controlled substance, is divisible with respect to the identity of the controlled substance possessed.

 

BIA Remand Relating To Matter Of A-B-

LexisNexis (quoting Geoffrey Hoffman):  This is a great decision as it affirms that A-B- (III) changed the law back to A-R-C-G- and warrants a remand back to the IJ for new proceedings. Importantly the Board notes that the remand is in light of the current case law of the BIA and the Fifth Circuit. Importantly, the Fifth Circuit’s Jaco v. Garland decision was not cited or relied on as impeding remand.

 

CA1 on Somalia, CAT: Ali v. Garland

LexisNexis: The critical question is whether this record compels the conclusion that Ali could not make the requisite showing with regard to the nature of the abuse to which he will be subjected, notwithstanding the IJ’s failure to have addressed evidence bearing on it. …  [W]e conclude that the prudent course is to vacate and remand for the BIA to address the aspects of the record that have not been given their proper consideration.

 

CA2 On CIMT: Jang V. Garland

LexisNexis: The agency found Jang ineligible for cancellation because of her state conviction for attempted second-degree money laundering, see N.Y. Penal L. § 470.15(1)(b)(ii)(A), which it deemed a “crime involving moral turpitude” (“CIMT”) under the Immigration and Nationality Act, see 8 U.S.C. § 1182(a)(2). We agree with Jang that, because her crime of conviction lacks the requisite scienter, it is not a CIMT.

 

4th Circ. Says Tardiness Isn’t A Failure To Appear

Law360: The Fourth Circuit has rebuked the Board of Immigration Appeals for rubber-stamping an asylum-seeker’s in absentia deportation order without addressing claims that a medical issue made him late to his immigration hearing, saying tardiness isn’t the same as not showing up.

 

Defective NTA Remand at CA5: Urbina-Urbina v. Garland

LexisNexis: Accordingly, we VACATE the three BIA decisions and REMAND the three cases for reconsideration in light of Rodriguez v. Garland, 15 F.4th 351 (5th Cir. 2021).

6th Circ. Affirms Cuban Man’s Meth Possession Guilty Plea

Law360: The Sixth Circuit affirmed Monday the guilty plea of a Cuban man who was arrested for possessing methamphetamine with intent to distribute and sentenced to 16 years in prison, rejecting his argument that the district court made a crucial mistake by failing to warn him that the plea made him deportable.

 

9th Circ. Says BIA Must Rethink Gay Nigerian’s Torture Claim

Law360: The Board of Immigration Appeals must reconsider its denial of a Nigerian man’s request for protection against torture after the Ninth Circuit ruled that the man had presented enough evidence to show he faced persecution for being gay.

 

Military Can Help On Immigration Enforcement, 9th Circ. Says

Law360: The Ninth Circuit said on Wednesday that the U.S. military can assist Border Patrol agents in capturing those suspected of entering the country illegally, rejecting an appeal by a Mexican national who was apprehended with the help of a Marine Corps surveillance unit.

 

Indian Citizen Sues After Losing Work Due To USCIS Delays

Law360: An Indian citizen has asked a D.C. federal court to compel the U.S. Citizenship and Immigration Services to resolve her employment authorization renewal application, saying its unlawful delay caused her to lose her job where she was working on a multimillion-dollar project.

 

County Called ICE On Immigrant For Traffic Issue, Suit Says

Law360: A Salvadoran immigrant has brought a $5 million lawsuit against a Maryland county, saying it illegally detained and transferred him to federal immigration enforcement over a minor traffic violation, exposing him to federal surveillance and the threat of deportation.

 

Judge Won’t Ax Florida Challenge To Biden Border Policy

Law360: A federal judge refused to toss Florida’s legal attack on the Biden administration’s border detention policies, saying Wednesday the courts could “unquestionably” review the federal government’s detention policies in a harsh rebuke to the administration’s claims of discretionary immigration authority.

 

USCIS Temporary Final Rule Increasing Automatic Extension Period for EADs

AILA: USCIS temporary final rule providing that the automatic extension period applicable to expiring EADs for certain renewal applicants who have filed Form I-765 will be increased from up to 180 days to up to 540 days from the expiration date stated on their EADs. (87 FR 26614, 5/4/22)

 

HHS Supplementary Request for Comment on Forms Related to Release of Unaccompanied Children

AILA: Department of Health and Human Services (HHS) supplementary request for public comment on revised versions of several forms related to the release of unaccompanied children from the custody of the Office of Refugee Resettlement (ORR). Comments are due 6/6/22. (87 FR 27159, 5/6/22)

 

RESOURCES

NIJC Resources

General Resources

 

EVENTS

NIJC EVENTS

 

GENERAL EVENTS

 

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

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Elizabeth writes:

Hi Judge Schmidt,

 

I just wanted to share the exciting news of the official launch of the Midwest Immigrant Defenders Alliance (MIDA)! With the end of Immigration detention in Illinois, ICE is sending Illinois residents to remote detention centers where there is little access to counsel. MIDA will ensure these immigrants are not left behind. MIDA is a partnership between three nonprofit organizations — the National Immigrant Justice Center, The Resurrection Project, and The Immigration Project — and the Law Office of the Cook County Public Defender, one of the largest public defender’s offices in the country.

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FOR IMMEDIATE RELEASE

Contacts:
Tara Tidwell Cullen, NIJC, (312) 833-2967, ttidwellcullen@heartlandalliance.org

 

New Legal Aid Alliance Aims to Build a Model for Universal Representation for Detained Immigrants Facing Deportation in the Chicago Immigration Court

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CHICAGO (May 9, 2022) — A group of Illinois immigration legal aid organizations today announced a new collaboration to expand access to legal representation for people in deportation proceedings who are detained by Immigration and Customs Enforcement (ICE).

The Midwest Immigrant Defenders Alliance (MIDA) is a partnership between three nonprofit organizations — the National Immigrant Justice Center, The Resurrection Project, and The Immigration Project — and the Law Office of the Cook County Public Defender. Through a one-year pilot project, the groups will lay the groundwork toward ensuring anyone who is detained by ICE and facing removal proceedings before the Chicago Immigration Court has access to legal representation. The program will reach immigrants detained in Wisconsin, Indiana, and Kentucky. While ICE no longer detains people in Illinois as the result of a state law enacted earlier this year, the groups will be representing Illinois residents who are being detained in other states.

“The National Immigrant Justice Center has represented detained people facing deportation for more than 30 years and we are thrilled for this opportunity to collaborate with organizations who have been longtime partners in defending justice to build a model that will ensure our community members have access to legal counsel when in the throes of the punitive immigration system,” said Ruben Loyo, associate director, Detention Project, at the National Immigrant Justice Center. “We see this as the natural next step in our state to support immigrant families, and an opportunity for Illinois to join the ranks of other states like New York and California whose universal representation programs have demonstrated how ensuring access to affordable legal counsel both upholds justice and helps keep families and communities strong and intact.”

“Too often immigrants from rural and urban communities in central and southern Illinois feel isolated and marginalized while they are facing the highest possible stakes — separation from their families and, often, possible persecution in a country they may have not seen in decades,” said Charlotte Alvarez, executive director of The Immigration Project. “MIDA is a natural expansion of our current advocacy and legal representation work and will allow us to ensure that individuals who were ripped from our downstate communities are able to obtain legal counsel to pursue every possible avenue available to them under the law in order to return to their family.”

During the pilot, one day each week, any detained and unrepresented individual who has an initial hearing before the Chicago Immigration Court and cannot afford private counsel will have the opportunity to consult with one of the collaborating organizations and receive free legal representation while they are detained — and potentially longer if they reside in Illinois. The collaborative also will provide training and mentorship programs to welcome new legal practitioners into the immigration field, an effort to increase capacity for nonprofit organizations to provide affordable immigration defense services in the Midwest. Vera Institute of Justice, a nongovernmental research group, will track the case outcomes from the pilot project to evaluate its impact on ensuring justice for people facing removal proceedings in Chicago.

“Everyone has the right to due process, including immigrants, and immigrants should also have the right to an attorney if they can’t afford one — especially those in detention that face many more barriers to a successful case outcome,” said Eréndira Rendón, vice president of immigrant justice at The Resurrection Project (TRP). “MIDA will increase capacity of community-based legal service providers like TRP to ensure detained immigrants have free, high-quality, and accessible legal services. The more organizations trained and available to support with these complex cases, the closer we are to securing universal representation for all.”

“The launch of MIDA proves that the national movement for universal representation is only getting stronger as people across the country continue to demand that no one should face deportation without a lawyer,” said Annie Chen, director of the Advancing Universal Representation initiative at the Vera Institute of Justice. “People facing deportation are our neighbors, friends, and loved ones. They deserve to fight their cases freely in their communities and with a lawyer by their side. As Illinois becomes the latest state to support a right to counsel for all, we are honored to work with MIDA to help them evaluate their program’s impact and are confident it can serve as a model for the state’s anticipated task force.”

Removal proceedings can have dire consequences for many immigrants, including permanent separation from U.S. citizen children, spouses, and parents, as well as the loss of integral community members. In some cases, deportation may result in someone being sent to a country where they face persecution or death. Yet individuals in these proceedings do not have access to government-appointed legal counsel like defendants in other parts of the U.S. legal system. A 2016 study found that detained immigrants are twice as likely to obtain relief than detained immigrants without counsel. In recent years, approximately 60 percent of detained individuals have been unrepresented in the Chicago court.

The partnership between nonprofit legal aid organizations and the Immigration Unit Pilot of the Cook County Public Defender, one of the largest public defender’s offices in the country, is in part intended to chip away at racial disparities that permeate the U.S. immigration system. Black, Indigenous, and other immigrants of color are disproportionately targeted for criminal arrest, which significantly affects an immigrant’s ability to remain in the United States. Working together, public defenders and immigration counsel have the best chance of ensuring immigrants’ rights are upheld throughout the course of their legal proceedings. Advocates also believe that universal representation models advance racial equity by mitigating biases during the initial triage of cases, when service providers usually must decide who is most deserving of services.

MIDA’s launch comes just weeks after the Illinois General Assembly passed the Right to Counsel in Immigration Proceedings Act (SB 3144), which will create a task force to provide recommendations for how the state can move toward providing legal representation for all Illinoisans facing deportation. The legislation was the latest in a series of state laws championed by Illinois communities and supported by the General Assembly and Governor J.B. Pritzker in recent years to defend immigrant Illinoisans against unjust deportation. After years of advocacy to close immigrant detention centers in Illinois, in January the Illinois Way Forward Act took effect to prevent ICE from detaining immigrants within the state. MIDA seeks to ensure Illinois residents continue to have access to counsel even as ICE increasingly detains immigrants in remote detention centers that often lack local legal resources.

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Heartland Alliance’s National Immigrant Justice Center (NIJC) ensures human rights protections for low-income immigrants, refugees, and asylum seekers, with the goal of promoting access to justice, family integrity, and community safety. With offices in Chicago, Indiana, Washington, D.C., and San Diego, NIJC provides direct legal services to and advocates for these populations through impact litigation, public education, and policy reform. NIJC’s immigration legal services are organized into distinct projects, including a Detention Project that for years has served detained immigrants in the Midwest. Visit immigrantjustice.org and follow @NIJC on Twitter.

The Immigration Project (TIP) has secured access to justice alongside immigrant communities in downstate Illinois for over 25 years. With offices in the Bloomington-Normal and Champaign-Urbana areas, TIP maintains an extensive network of staff, partner organizations,  and specially trained community member volunteers to provide legal and social services to immigrant families residing in the 86 counties that comprise its service area. TIP works with and for immigrant communities in mutuality and interdependence to build a more just future for all. Visit www.immigrationproject.org.

The Resurrection Project (TRP) builds relationships and challenges individuals to act on their faith, values, and ideals to create healthier communities. Since its founding in 1990, TRP has increased the availability of services and expanded opportunities for Chicago’s low- and moderate-income Latinos. TRP is a trusted provider of culturally and linguistically inclusive services and helps enable families to fully participate and become invested in their communities. TRP serves families from all over the Chicago metropolitan region, though it has a deeply rooted presence in the predominantly Latino and immigrant communities of Pilsen, Little Village, and Back of the Yards.

Through the work of the Law Office of the Cook County Public Defender (CCPD) Immigration Unit Pilot, Cook County is the largest county in the nation to provide public defenders to serve the immigrant communities that do not have access to attorneys. In early 2022, Governor JB Pritzker signed Public Act 102-0410 into law and the Cook County Board of Commissioners passed a resolution in support of this initiative. This authorized the defender’s office to begin representing noncitizens in removal proceedings.

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Congrats to all the fantastic NDPA members involved in the MIDA! 

As readers of “Courtside” know and see illustrated here every week, the difference between life-saving and legally correct grants of asylum and other relief in Immigration Court and “arbitrary, capricious, railroaded” denials that are all too common at EOIR is often in the expert representation.

Despite “throwing an occasional bone” to the pro bono and “low bono” bars, it’s disturbingly clear that, like its predecessors, the Biden Administration has chosen to fashion, operate, and staff the Immigration Court system on the assumption that the majority of individuals can be rotely “moved” through the system and rejected without effectively asserting their full rights to due process and fundamental fairness. 

Effective representation does make a difference! An Administration and a Congress actually concerned about making the immigration justice system work would concentrate on moving toward universal representation rather than the plethora of money and time wasting “enforcement only/deterrence” gimmicks that have failed over the years and continue to do so every day! 

🇺🇸Due Process Forever!

PWS

05-11-22

 

Related posts:

  1. THE GIBSON REPORT— 01-02-22 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Garland’s Aimless Docket Reshuffling (“ADR”) Squeezes Refugees On Both Ends Of His Ludicrous Backlog, As Those Patiently Waiting Given Court Dates Nearly A Decade In The Future, While Recent Arrivals Mindlessly Rocketed To The “Front Of The Line” Struggle To Find Lawyers & Prepare Cases — Plus Other New Year News From The Dystopian World Of U.S. Immigration!
  2. THE TRUTH IS OUT, THANKS TO MICHELLE MENDEZ @ CLINIC: Practice Pointers on Matter of Castillo-Perez & “Takeaways” From FOIA Trove On In Absentias!
  3. ⚖️🗽MORE TRUTH ABOUT THE SOUTHERN BORDER FROM ONE OF AMERICA’S 🇺🇸 LEADING HUMAN RIGHTS EXPERTS: “Real Needs, Not Fictitious Crises Account For The Situation at US-Mexico Border,” By Donald Kerwin Center For Migration Studies
  4. THE GIBSON REPORT — 02-14-21💝 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Mandatory E-Filing @ EOIR Starts & Lots Of Other “Interesting Stuff!”  — CMS Study Shows How Garland Is Ignoring the “Low Hanging Fruit” On His Out of Control EOIR Backlog! ☹️

⚖️🗽NDPA: PAULINA VERA AMONG HEADLINERS AT GW LAW “SOCIAL IMPACT SHOWCASE”

  May 12th Showcase Flyer_No reception.png

 

 

2_Immigration Lawyers Saving lives and Reuniting Families.png

 

Registration link: https://www.eventbrite.com/e/immigration-lawyers-saving-lives-and-reuniting-families-registration-317886315527

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Congrats to all concerned!

🇺🇸Due Process Forever!

PWS

05-08-22

 

 

Related posts:

  1. 🗽⚖️👍🏼GW CLINIC SAVES ANOTHER REFUGEE LIFE — But, It’s A Sobering Example Of The Type of Person Who Will Be Left To Die At Our Borders If Feckless, “Miller Lite” (Or, “Miller Genuine?”) Dems Are Able To Persuade Biden To Kill Asylum For Good  & Join GOP’s Racist Abrogation Of Rule Of Law! — Progressives Need To “Push Back Hard” On Latest Dem Cowardice & Nonsense — Insist On Restoration Of Rule Of Law For ALL Asylum Seekers @ Border!
  2. 😎🗽⚖️ OF COURSE, GREAT LAWYERING MAKES A DIFFERENCE IN IMMIGRATION COURT! — Only Nativists & Former Director McHenry Would Bogusly Claim Otherwise! — Another “Real Life Success Story” From Professors Benitez & Vera @ The GW Law Immigration Clinic! — Garland’s DOJ “Goes Molasses In November” On Improving Access To Counsel & Elevating The “Pro Bono Experience!”
  3. 🗽⚖️NDPA NEWS: GW IMMIGRATION CLINIC CONTINUES TO IMPRESS!
  4. “DYNAMIC DUO” LEADS “GW IMMIGRATION CLINIC BRIGADE” OF THE NEW DUE PROCESS ARMY (“NDPA”) INTO ACTION – ADVANCING AND DEFENDING DUE PROCESS RIGHTS FOR OUR MOST VULNERABLE RESIDENTS WHILE TEACHING THE NEXT GENERATION OF LAWYERS! — PLUS SPECIAL BONUS: Text of My Presentation To Clinic Entitled “RECLAIMING THE VISION – A PLAN FOR ACTION”

🗽CORNELL IMMIGRATION CLINIC PROVES “THE ASYLUMIST’S” POINT:  Lots Of Potential “Winners” Out There Lost In Garland’s Backlogged, Dysfunctional, Unfair EOIR! 

Jaclyn Kelley-Widmer
Jaclyn Kelley-Widmer
Assistant Clinical Professor
Cornell Law

Professor Steve Yale-Loehr @ Cornell Law writes:

Paul: My colleague Jakki Kelley-Widmer, who runs a 1L immigration clinic at Cornell Law, just won a difficult asylum case before an IJ in Buffalo.This article summarizes the case and mentions all the students who worked on the case over the last few years: https://www.lawschool.cornell.edu/news/1l-immigration-law-clinic-wins-high-stakes-case/?fbclid=IwAR05sriR0Z4lII65_xNMBtGE40f_JOudKSI78qvcIiLQxR3JmbyscmYz9Hc

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1L Immigration Law Clinic Wins High-Stakes Case

By Law School staff

April 27, 2022

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Paul: My colleague Jakki Kelley-Widmer, who runs a 1L immigration clinic at Cornell Law, just won a difficult asylum case before an IJ in Buffalo. This article summarizes the case and mentions all the students who worked on the case over the last few years: https://www.lawschool.cornell.edu/news/1l-immigration-law-clinic-wins-high-stakes-case/?fbclid=IwAR05sriR0Z4lII65_xNMBtGE40f_JOudKSI78qvcIiLQxR3JmbyscmYz9Hc

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News
1L Immigration Law Clinic Wins High-Stakes Case

By Law School staff

April 27, 2022
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On March 31, The Cornell Law School’s 1L Immigration Law and Advocacy Clinic won a long-fought, difficult case in the Buffalo Immigration Court for a mother and her young children living on a farm in upstate New York, ensuring that the family will be able to live safely in the United States.
The client had arrived in 2019 from Mexico with three children under ten, including a baby. She was fleeing an abusive husband, to whom she had been forcibly married as a teenager, as well as direct threats of gang violence in her home country, whose government offered her no protection.
Immigration authorities detained her for several weeks in the winter of 2019 before releasing her with a notice to appear in court. She went to her first two court dates unrepresented, because few attorneys in upstate New York take this kind of case. Another nonprofit had already declined to represent her when she contacted Cornell Law’s Immigration Clinic.
“Asylum cases are incredibly difficult to win,” says clinic director Jaclyn Kelley-Widmer. “The process is onerous and takes tremendous resources. My students estimate that, across all the law students involved in the case, interpreters we used, law professors who contributed, volunteers who helped care for the client’s children, and administrative staff who assisted with filing and other logistics, this case took us about 1,000 collective hours over 14 months.”
She adds that the clinic was also partially basing its case on a novel argument related to the client’s marriage, which occurred while she was still a child. “The law students came up with this creative solution and found a path forward to make the claim, including by seeking multiple expert witnesses and researching country conditions to contextualize the client’s story.”
The core team of Jared Flanery ’23 and Tori Staley ’23 (who started as 1Ls) and Gaby Pico ’22 and Rachel Skene ’22 (who started as 2Ls) stayed with it for three semesters. They worked closely with the client, completely in Spanish and almost entirely remotely due to the pandemic and the client’s rural location.
The students conducted extensive research, drafted witness declarations, and wrote the briefing, involving three separate legal arguments. They also took on the trial, including direct examination of multiple witnesses, presentation of evidence, and closing arguments.
“Most importantly, the client herself has been her own best advocate,” says Kelley-Widmer. “We’ve laughed with her, we’ve cried with her, and together we celebrated this win for her long-term safety.”

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Folks, these are “first year law students” in the NDPA who, with inspiration and guidance from some of the “best and brightest in American law,” (like Professor Jakki Kelly-Widmer) are running circles around Garland’s “stuck in reverse” DOJ and Mayorkas’s DHS.

I recently featured commentary from Jason “The Asylumist” Dzubow about the egregiously horrible effects of EOIR’s “Aimless Docket Reshuffling” (“ADR”) that continues unabated under Garland.
https://immigrationcourtside.com/2022/05/04/%f0%9f%91%8e%f0%9f%8f%bd%f0%9f%a4%aeaimless-docket-reshuffling-adr-garlands-eoir-screws-%f0%9f%94%a9asylum-seekers-with-long-pending-slam-dunk/

One of Jason’s many salient points was that there are lots of potentially “winnable” cases mired in Garland’s backlog that should be granted if they could only get a merits hearing before a fair judge.

As I have said repeatedly, the things necessary to transform EOIR into a “hotbed of due process” rather than it’s current state of “dysfunctional disaster” are NOT rocket 🚀 science:

  • More and better representation;
  • Fair, expert judges with practical experience;
  • Uniform, nationwide guidance on how to properly grant asylum and other relief in many worthy cases from a BIA of true experts and “practical scholars” in immigration and human rights;
  • Dockets that prioritize, expedite, and reward well-prepared, well-documented, grantable cases for asylum and other relief.

Those are the items that should have been “day one” priorities at DOJ and EOIR for Garland and his team. (Just what, if anything, has he accomplished in his time in office in ANY significant area of the law or policy?)

Instead, Garland has responded with:

  • Arbitrary and capricious, deterrence-driven “expedited dockets” that lead to more “ADR” and bigger backlogs;
  • “User unfriendly,” unilateral actions that have cost him support from the pro bono bar and experts would could have helped straighten out EOIR;
  • Maintaining a judiciary and “management” structure largely “designed and staffed” to “deny and deport” by his overtly nativist predecessors;
  • Wasting time, resources, and squandering goodwill by defending Title 42 and other indefensible policies left behind by the Trump-Miller regime.

These mistakes are NOT “small potatoes” 🥔 as Garland and some other misguided Dems seem to think. They have cost the Dems “big time” in the one overarching area where they had complete control and could have made necessary progressive changes for the common good without “60 votes” in the Senate. How many immigration bills did the Trump regime pass on their way to obliterating the law and human rights?

They have also cost the Dems a nearly unprecedented chance to show how sound legal and constitutional policies, equal justice, racial equity, and enlightened progressive humanitarianism can work to reaffirm and re-energize the essential contribution of immigration to America’s greatness and to disprove the racist, nativist, false myths about immigrants and people of color that have become a staple of modern day Republicanism.

Enlightened immigration policies could have materially helped solve or prevent some of the economic woes facing American today. They could have “beefed up” everything from the supply chain to essential workers to needed investments in rural America to the housing shortage.

Some of the “reddest” states in American are among those that could benefit most from immigrants — many of whom have faced and overcome in their lives some of the same problems frustrating rural America. But, migrants who are being illegally rejected at the border, unlawfully imprisoned, and/or then orbited to death or oblivion in failed countries can’t help themselves or anyone else. What a waste of human potential and opportunities to show what immigrants can achieve in and for America!

🇺🇸 Due Process Forever!

PWS

05-07-22

Related posts:

  1. 🏴‍☠️👎🏽🤮 AIMLESS DOCKET RESHUFFLING (“ADR”) ON STEROIDS! — EOIR Dysfunction Shows What Happens When “Captive Court System” Kowtows To Political Handlers Rather Than Serving The Public! — Jason Dzubow, The Asylumist, Reports!
  2. 🗽PROFESSOR GEOFFREY A. HOFFMAN @  U HOUSTON LAW REPORTS: Round Tablers ⚔️🛡Chase, Schmidt Among Headliners @ Recent Judge Joseph A. Vail Asylum Workshop!
  3. 😎👍🏼⚖️🗽 MORE FREE NDPA TRAINING FROM THE EXPERTS: 6 Months After the Fall of Aghanistan: Free Webinar Mar. 9 1-2 pm ET!
  4. 👎🏽🤮AIMLESS DOCKET RESHUFFLING (“ADR”) @ GARLAND’S EOIR SCREWS 🔩ASYLUM SEEKERS WITH LONG-PENDING “SLAM DUNK” 🏀 CASES: “So if we can actually get to a hearing, it is still possible to win. This is the hope we all need to hold on to, but it would be much easier and much fairer if the system had a modicum of respect for the people it purports to serve.”

⚖️ THE GIBSON REPORT — 05-02-22 — Compiled By Elizabeth Gibson, Esquire, Managing Attorney, National Immigrant Justice Center:  Will GOP Supremes Stop Biden From Governing, Abbott’s Racist “Invasion Hoax,” More “Migrant Kills” Anticipated, GOP’s Fabricated Voter Fraud Threat, Mayorkas Mindlessly Tells Refugees “Don’t Come” While Providing No Viable Alternatives!

Elizabeth Gibson
Elizabeth Gibson
Managing Attorney
National Immigrant Justice Center
Publisher of “The Gibson Report”

pastedGraphic.png

 

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 Posted Additional Guidance on Prosecutorial Discretion

 

USCIS Stops Applying Certain EAD Provisions for Asylum Applicants (Updated)

 

NEWS

 

Remain in Mexico case in front of SCOTUS is also about whether Biden will be allowed to govern

Daily Kos: This case matters, not only because real lives are at stake, but because justices will be deciding whether an incumbent president has the power to legitimately end a predecessor’s flawed policy. See also ‘Remain In Mexico’ Case May Curb Courts’ Injunctive Power.

 

Abbott Threatens to Declare an ‘Invasion’ as Migrant Numbers Climb

NYT: Abbott is weighing whether to invoke actual war powers to seize much broader state authority on the border. He could do so, advocates inside and outside his administration argue, by officially declaring an “invasion” to comply with a clause in the U.S. Constitution that says states cannot engage in war except when “actually invaded.”

 

Biden admin struggles to calm the Democratic storm over immigration

Politico: Memo to the Biden administration: The written plan to handle a summertime migration surge at the border isn’t satisfying purple-state Democrats who were pointedly asking for one. See also Comprehensive Immigration Reform Has ‘Zero’ Chance This Year, Key Senate Democrat Reportedly Says; Homeland Security Secretary Mayorkas testifies on Title 42 in Senate hearing.

 

G.O.P. Concocts Fake Threat: Voter Fraud by Undocumented Immigrants

NYT: Far from the U.S.-Mexico border, Ohio’s Senate primary shows how the Republican obsession with the fiction of a stolen election has spawned a new cause for fear of illegal immigration.

 

Thomson Reuters to review contracts, including for database used to track immigrants

WaPo: A Canadian trade union said it had scored a surprising victory Friday in its three-year tech battle with Immigration and Customs Enforcement agents in the United States, successfully persuading the media conglomerate Thomson Reuters to reevaluate its work selling personal data that the agency had used to investigate immigrants.

 

Huge border influx brings fears of grim summer for migrant deaths

WaPo: A sharp increase in the number of people crossing into the United States through remote desert areas along the U.S.-Mexico border has officials and rights advocates worried that this summer will be especially lethal, with the potential for a spike in migrant deaths. See also DHS chief doubles down on request to migrants at southern border: ‘Do not come’; U.S.-Mexico migration talks ‘constructive,’ not ‘threatening’ -White House; Risking it all: migrants brave Darién Gap in pursuit of the American dream.

 

People continue to camp outside of Orlando immigration office, hoping to be seen on Monday

ABC: People in search of appointments with U.S. Immigration and Customs Enforcement in Orlando have been waiting in line for days now and some have been coming back to this spot for more than a month.

 

House Members Urge Funding for Legal Representation to Indigent Adults in Removal Proceedings

AILA: Forty-seven members of the House of Representatives, led by Congresswoman Norma Torres (D-CA), sent a letter calling for funding for the Department of Justice to expand federally funded legal representation for indigent adults facing immigration court removal proceedings.

 

LITIGATION & AGENCY UPDATES

 

Matter of DANG, 28 I&N Dec. 541 (BIA 2022)

BIA: Because misdemeanor domestic abuse battery with child endangerment under section 14:35.3(I) of the Louisiana Statutes extends to mere offensive touching, it is overbroad with respect to § 16(a) and therefore is not categorically a crime of domestic violence under section 237(a)(2)(E)(i) of the INA, 8 U.S.C. § 1227(a)(2)(E)(i).

 

2nd Circ. Turns Down Convention Against Torture Relief Claim

Law360: The Second Circuit on Wednesday ruled that it lacked the jurisdiction to review an Indian man’s deportation, saying a recent immigration judge’s denial of his application for relief, under the United Nations Convention Against Torture, was not a “final order” that triggers the 30 days available for appellate court review.

 

En Banc 9th Circ. To Reconsider Calif. Private Prison Ban

Law360: The Ninth Circuit vacated on Tuesday a split panel’s decision that a California law banning private immigration detention facilities and other private prisons does not pass legal muster because it would impede the federal government’s immigration enforcement, saying it will hold an en banc hearing.

 

Federal Court Rules that Government Actions Under Remain in Mexico are Subject to Orantes Injunction

NILC: On Wednesday, the U.S. District Court for the Central District of California ruled that plaintiffs raised significant questions regarding the federal government’s compliance with a permanent injunction in the Orantes case and ordered the government to produce more information to determine whether Remain in Mexico violated the injunction’s terms.

 

La. Judge Orders Biden To Keep Enforcing Title 42

Law360: A Louisiana federal judge on Wednesday temporarily blocked the Biden administration from prematurely unwinding the Title 42 order used to quickly expel migrants arriving at the border, saying lifting the order ahead of schedule could force states to shoulder the financial burden of more migrants.

 

Arizona v. CDC Restraining Order

AILA: The judge in Arizona v. CDC granted the temporary restraining order. For the next 14 days, DHS is enjoined and restrained from implementing the termination order, “including increases (over pre-Termination Order levels) in processing of migrants from Northern Triangle countries through Title 8 proceedings rather than under the Title 42 Orders, and are further enjoined and restrained from reducing processing of migrants pursuant to Title 42.” DHS may still practice case-by-case discretion and engage in targeted expedited removal to detain and remove individuals who have crossed multiple times.

 

New NIJC litigation challenges a sham accountability process, misuse of funds, and egregiously neglectful conditions

NIJC: The litigation exposes how local officials in Indiana unlawfully misappropriate federal dollars meant for the care of immigrants detained in their jail to pad their own budgets. The lawsuit also sheds light on U.S. Immigration and Customs Enforcement (ICE)’s deeply flawed oversight that allows private companies and local jails like Clay County to misuse federal taxpayer dollars while non-citizens suffer in egregiously poor conditions.

 

Migrant Advocates Push For Cert. In Juvenile Work Permit Suit

Law360: Immigrant advocates have urged a California federal court to certify two classes of vulnerable juveniles waiting for U.S. Citizenship and Immigration Services to process their visa applications, saying new agency guidance for child abuse survivors doesn’t address their allegations.

 

Kariye v. Mayorkas, No. 2:22-CV-01916 (C.D. Cal., filed Mar. 24, 2022)

HoldCBPAccountable: On March 24, 2022, the ACLU, ACLU Foundation of Southern California, and ACLU of Minnesota filed a lawsuit on behalf of three Muslim Americans, Abdirahman Aden Kariye, Mohamad Mouslli, and Hameem Shah, who have all been subjected to intrusive questioning from U.S. Customs and Border Protection (CBP) and Homeland Security Investigations (HSI) officials about their religious beliefs, practices, and associations in violation of their First and Fifth Amendment rights.

 

Systemic Deficiencies at the Houston Asylum Office in Assessments of Credible and Reasonable Fear Cause Harm and Irreversible Damage to Asylum Seekers

NIPNLG: While many of the issues we raise have occurred in numerous asylum offices, the Houston Asylum Office has a particularly egregious record of conducting these screenings and we therefore ask that you investigate the Houston Asylum Office’s conduct.

 

Republican AGs Cry Foul Over Biden Asylum Policy

Law360: Over a dozen state attorneys general cried foul over President Joe Biden’s policy vesting asylum officers with greater power over asylum, filing lawsuits Thursday to block the rule, which they claim would force states to bear the cost of more migrants.

 

Texas Files Lawsuit Challenging Rule on Asylum Processing for Individuals Subject to Expedited Removal

AILA: On 4/28/22, the state of Texas filed a lawsuit challenging a DHS and DOJ interim final rule, issued on 3/29/22, and scheduled to take effect on 5/31/22. Texas argues the rule, which would change how individuals subject to expedited removal are processed for asylum, is unlawful.

 

DHS Notice of Implementation of Uniting for Ukraine Process

AILA: DHS notice of the implementation of the Uniting for Ukraine parole process, beginning 4/25/22. (87 FR 25040, 4/27/22)

 

DHS Plan for Southwest Border Security and Preparedness

DHS: Secretary of Homeland Security Alejandro N. Mayorkas transmitted a memorandum to interested parties to provide additional details on the Biden-Harris Administration’s comprehensive plan to manage increased encounters of noncitizens at our Southwest Border.

 

RESOURCES

 

ACLU National Prison Project: Litigating Immigration Detention Conditions: An Introductory Guide (attached)

AIC: Survey on EOIR Mitigation for Access to Counsel Obstacles

AILA: Client Flyer: Rescheduling Biometrics Appointments

AILA: 75th Edition of the AILA Law Journal

ASISTA COVID-19 Practice Pointer: COVID Testing & Vaccination Requirements for Travel to the United States (Updated April 2022)

CRS: U.S. Immigration Courts and the Pending Cases Backlog

DHS OIG: Violations of ICE Detention Standards at South Texas ICE Processing Center

DHS Coloring Book

DOS: Information for Nationals of Ukraine

NIJC/DWN: State and Local Records Request Resources & Template

NILA: Template EOIR Motions to Stay Removal for Individuals Seeking to Reopen Removal Proceedings

NILA: The Basics of Motions to Reopen EOIR-Issued Removal Orders

NILA: Arriving Noncitizens and Adjustment of Status

NIPNLG OPLA Memo Explainer

NIPNLG: Survey Re OPLA Motions to Dismiss Where the Respondent Does Not Want Dismissal

 

EVENTS

 

NIJC EVENTS

5/7/22 Ukrainian Immigration Options Workshop

5/10/22 Justice & Java: What It Will Take To Save Our Asylum System

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

5/3/22 The Family Visa Petition

5/3/22 Inaugural “Vicarious Trauma Check-in” for Immigration Attorneys & Legal Staff: Reflecting on Lawyering Under 4 Years of Trump + 1 Year of Biden and Looking Forward

5/4/22 California Pardons and Post-Conviction Relief

5/5/22 Stories from the Trenches: Tools for Dealing with Depression, Burnout, and Substance Abuse

5/5/22 Preventing & Mitigating Vicarious Trauma Among Immigration Legal Staff As An Immigration Attorney Supervisor or Manager

5/6/22 Preventing & Mitigating Vicarious Trauma Amidst Zealous Immigration Detention Lawyering & Organizing

5/6/22-5/13/22 NITA-NIPNLG “Advocacy in Immigration Matters” Training

5/10/22 Asylum Claims for Young People

5/10/22 2022 Consular Processing Updates: Strategies and Alternatives for NIV and IV Cases

5/11/22 EOIR/ICE Liaison Update: The Most Recent Information on the State of Prosecutorial Discretion

5/12/22 Advanced DACA Issues: What You Need to Know in 2022

5/12/22-5/13/22 T-Visa Conference

5/13/22 FBA Immigration Law Conference

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

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

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

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?

5/20/22 AILA Chicago 2022 Spring Ethics Conference

5/21/22 Spring Ethics Conference Agenda

5/24/22 Current Issues in Afghan Asylum Claims

5/24/22 Obstacles to TPS Eligibility

5/24/22 Advanced FOIA Techniques

6/7/22 Asylum and Employment Authorization

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

6/8/22 Naturalization for People with Disabilities

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

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

 

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

Corrupt GOP nativist politicos grandstanding, inept Administration officials, experts ignored, human rights, Constitution, humanity trampled, killing migrants, empowering smugglers, lack of vision, disdain for the rule of law, moral cowardice. 

The ugliness and futility of misguided, counterproductive, cruel, inhumane U.S. “enforcement only/deterrence” policies at border is in full display in this week’s report from Elizabeth!

Casey keeps asking the same question. Unhappily, nobody (except some members of the NDPA who are ignored except when creaming Garland in court) has “stepped up” with the answer!

Casey Stengel
“Can’t anybody here play this game?” — Casey Stengel 
PHOTO: Rudi Reit
Creative Commons

🇺🇸Due Process Forever!

PWS

O5-05-22

Related posts:

  1. THE GIBSON REPORT— 01-02-22 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Garland’s Aimless Docket Reshuffling (“ADR”) Squeezes Refugees On Both Ends Of His Ludicrous Backlog, As Those Patiently Waiting Given Court Dates Nearly A Decade In The Future, While Recent Arrivals Mindlessly Rocketed To The “Front Of The Line” Struggle To Find Lawyers & Prepare Cases — Plus Other New Year News From The Dystopian World Of U.S. Immigration!
  2. ⚖️THE GIBSON REPORT — 04-04-22 — Compiled By Elizabeth Gibson, Esquire, Managing Attorney, NIJC — HEADLINERS: New “Doyle Memo” On PD 🙂 — GOP White Nationalist AGs Seek Extension Of Illegal, Immoral Title 42 Charade🤮🏴‍☠️!
  3. WOW, HERE’S A SURPRISE: MANY KIDS FLEEING VIOLENCE IN THE NORTHERN TRIANGLE KNOW NOTHING ABOUT BIDEN BORDER POLICIES — They Are Just Trying To Save Their Lives!
  4. 🧑🏽‍⚖️⚖️🗽🇺🇸WHO’S JUDGE IS IT ANYWAY? — The Crisis Of Independence In Our Immigration Courts! — Coming April 7, 2021! — Sponsored By The HNBA! — Don’t Miss It!

⚖️🗽NDPA NEWS: SPRING 2022 ACHIEVEMENT REPORT FROM THE GW IMMIGRATION CLINIC! — “Saving Lives The Old Fashioned Way, With Hard Work & Practical Scholarship!”

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

The Immigration Clinic had another busy and productive semester. Professor Vera and I share that our eight student-attorneys (Alexandra Chen, Spoorthi Datla, Daniel Fishelman, José Hernández, Trisha Kondabala, Mir Sadra Nabavi, Mark Rook, and Ryan Sarlo) accomplished the following on behalf of their clients:

Filings:

  • Four work permit applications
  • Two affirmative asylum applications
  • Two motions to terminate proceedings
  • Two motions to schedule a final merits hearing (one was granted!)
  • Two appeals of USCIS erroneous denials of green card applications
  • One application for removal of conditions of a green card, with a waiver for a domestic violence survivor
  • One U visa application (for victims of crimes in the U.S.)
  • One motion to change venue (granted!)
  • One request for expedited processing of an asylee derivative application (granted!)
  • One family-based petition and green card application packet for the spouse of a current client

Representation:

  • Two hearings for procedural matters
  • One affirmative asylum interview

Public engagement:

  • One legal orientation presentation with parents of a local MD high school
  • One public comment on the newly proposed public charge rule

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

Alberto Manuel Benitez

Professor of Clinical Law

Director, Immigration Clinic

The George Washington University Law School

650 20th Street, NW

Washington, DC 20052

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

Congrats to Alberto, Paulina, and the eight above-named student-attorneys for saving lives, promoting justice, elevating the level of immigration practice, and being in the vanguard of the New Due Process Army!

🇺🇸Due Process Forever!

PWS
05-01-22

Related posts:

  1. 😎🗽⚖️ OF COURSE, GREAT LAWYERING MAKES A DIFFERENCE IN IMMIGRATION COURT! — Only Nativists & Former Director McHenry Would Bogusly Claim Otherwise! — Another “Real Life Success Story” From Professors Benitez & Vera @ The GW Law Immigration Clinic! — Garland’s DOJ “Goes Molasses In November” On Improving Access To Counsel & Elevating The “Pro Bono Experience!”
  2. 🗽⚖️NDPA NEWS: GW IMMIGRATION CLINIC CONTINUES TO IMPRESS!
  3. 🗽⚖️👍🏼GW CLINIC SAVES ANOTHER REFUGEE LIFE — But, It’s A Sobering Example Of The Type of Person Who Will Be Left To Die At Our Borders If Feckless, “Miller Lite” (Or, “Miller Genuine?”) Dems Are Able To Persuade Biden To Kill Asylum For Good  & Join GOP’s Racist Abrogation Of Rule Of Law! — Progressives Need To “Push Back Hard” On Latest Dem Cowardice & Nonsense — Insist On Restoration Of Rule Of Law For ALL Asylum Seekers @ Border!
  4. “DYNAMIC DUO” LEADS “GW IMMIGRATION CLINIC BRIGADE” OF THE NEW DUE PROCESS ARMY (“NDPA”) INTO ACTION – ADVANCING AND DEFENDING DUE PROCESS RIGHTS FOR OUR MOST VULNERABLE RESIDENTS WHILE TEACHING THE NEXT GENERATION OF LAWYERS! — PLUS SPECIAL BONUS: Text of My Presentation To Clinic Entitled “RECLAIMING THE VISION – A PLAN FOR ACTION”

⚖️👍😎NDPA+: “RESEARCH YOU CAN USE!” — NEW STUDY PROVIDES UNIQUE INSIGHTS, PRACTICAL GUIDANCE ON USE OF PSYCHOLOGICAL ASSESSMENTS & AFFIDAVITS IN IMMIGRATION COURT!

 

http://jaapl.org/content/early/2022/04/20/JAAPL.210075-21

Immigration Judges’ Perceptions of Telephonic and In-Person Forensic Mental Health Evaluations

Aliza S. Green, Samuel G. Ruchman, Beselot Birhanu, Stephanie Wu, Craig L. Katz, Elizabeth K. Singer and Kim A. Baranowski

Journal of the American Academy of Psychiatry and the Law Online April 2022, JAAPL.210075-21; DOI: https://doi.org/10.29158/JAAPL.210075-21

Abstract

Clinicians affiliated with medical human rights programs throughout the United States perform forensic evaluations of asylum seekers. Much of the best practice literature reflects the perspectives of clinicians and attorneys, rather than the viewpoints of immigration judges who incorporate forensic reports into their decision-making. The purpose of this study was to assess former immigration judges’ perspectives on forensic mental health evaluations of asylum seekers. We examined the factors that immigration judges use to assess the affidavits resulting from mental health evaluations and explored their attitudes toward telehealth evaluations. We conducted semistructured interviews in April and May 2020 with nine former judges and systematically analyzed them using consensual qualitative research methodology. Our findings were grouped in five domains: general preferences for affidavits; roles of affidavits in current legal climate; appraisal and comparison of sample affidavits; attitudes toward telephonic evaluations; and recommendations for telephonic evaluations. Forensic evaluators should consider the practice recommendations of judges, both for telephonic and in-person evaluations, which can bolster the usefulness of their evaluations in the adjudication process. To our knowledge, this is the first published study to incorporate immigration judges’ perceptions of forensic mental health evaluations, and the first to assess judges’ attitudes toward telephonic evaluations.

Across the United States, clinicians working in collaboration with medical asylum clinics and torture treatment programs conduct forensic evaluations of asylum seekers.1,–,5 In such evaluations, clinicians investigate the physical and psychiatric sequelae of human rights abuses and document their findings in medico-legal affidavits that are submitted to the immigration judge as part of an individual’s application for immigration relief.1,6,7 The affidavits provide the evaluators’ written testimony explaining to a judge the relevance of their findings (e.g., the impact of trauma on memory). Medical providers experienced in conducting forensic evaluations have worked in consultation with attorneys to establish and disseminate best-practice guidelines for evaluations.6,–,10 Much of the best-practice literature reflects the perspectives of clinicians and attorneys, rather than the viewpoints of immigration judges who apply forensic reports in their decision-making. (One notable exception was a presentation of suggestions for writing medico-legal affidavits based on a qualitative study of a sample that included immigration judges, clinicians, and attorneys.11) As a result, forensic medical evaluators have limited insight into how immigration judges view the content of affidavits or how the documentation of forensic evaluations affects asylum cases.

In the context of the COVID-19 pandemic, medical human rights programs have transitioned to conducting forensic evaluations by telephone or video.12,13 Forensic clinicians have also been using telehealth modalities to evaluate asylum seekers who have poor access to forensic services because they live in geographically remote areas of the United States, immigration detention centers, or Mexico border cities.14 Mental health practitioners have reported both comfort with and concerns about the limitations of telehealth forensic evaluations.15 Most literature on telehealth forensic evaluations has focused on evaluators’ perceptions of video-teleconference, applied across multiple dimensions of forensic mental health.16,–,20 Assessing the acceptability of remote evaluations to adjudicators of immigration claims and incorporating their perspectives into broader practice recommendations is particularly critical at this time, given that telehealth visits and telephonic interviews of asylum seekers have become standard as a result of both the COVID-19 pandemic and the increased number of asylum seekers in immigration detention facilities.

This study was to explore former immigration judges’ perspectives on forensic mental health evaluations of asylum seekers. We examined the factors that immigration judges use to assess the medico-legal documents resulting from mental health evaluations. We also specifically identified participants’ attitudes and perceptions toward telehealth evaluations. This study adds to existing literature by incorporating immigration judges’ perceptions of forensic mental health evaluations and by assessing judges’ attitudes toward telephonic evaluations. We specifically investigated telephonic rather than video-based evaluations because asylum seekers may have limited access to the internet, and immigration detention centers often restrict access to video conferencing platforms.14 This study was approved by the Mount Sinai Institutional Review Board.

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

Full article at the above link.

This should be great information for practitioners, judges, ICE counsel, and administrators seeking a fairer, better functioning Immigration Court system.

This illustrates one of many “under-appreciated” aspects of modern immigration and human rights “practical scholarship:” Its virtually unmatched interdisciplinary usefulness and its “right off the shelf” ability to advance knowledge, fairness, 21st century efficiency, and best practices!

While EOIR might actually be “worse than your father’s and mother’s Immigration Courts,” not so the private bar, NGOs, and the academic (particularly the clinical) sectors! It’s where the action, upcoming talent, and quality is right now!

It’s a shame that more of those in charge of the Immigration Courts, the stumbling immigration bureaucracy, and the often behind the times “improperly above the fray” Article IIIs aren’t paying attention to both the types of individuals they should be hiring and the methods they should be using to improve the delivery of justice. 

If change has to come from below, so be it! But, change and progress will eventually come to the broken and dysfunctional Immigration Courts and the bumbling bureaucracy surrounding and enabling this disgraceful systemic failure that is dragging down both our legal system and our democracy!

🇺🇸Due Process Forever!

PWS

04-25-22

Related posts:

  1. 😎👍🏼⚖️🗽MORE TIMELY NDPA ASYLUM TRAINING — Feb. 25-26 — Register Now!
  2. DUH OF DA DAY: White Nationalist Agenda, Anti-Asylum Gimmicks, Grotesque Mal-Administration Leads To Longer Waiting Times @ Disastrously Dysfunctional EOIR 🤮 — Biden-Harris Administration Must End America’s Disgraceful Star Chambers ⚰️!
  3. ⚖️🌟🗽NDPA SUPERSTARS, PRACTICAL EXPERT PROFESSORS LINDSAY M. HARRIS AND SARAH R. SHERMAN-STOKES SCORE BIDEN ADMINISTRATION’S CONTINUED RELIANCE ON BOGUS 🏴‍☠️ TRUMP-ERA, WHITE NATIONALIST COVID-19 RESTRICTIONS TO RETURN REFUGEES TO DANGER & DEATH @ SOUTHERN BORDER!☠️🤮⚰️
  4. ⚖️👩🏽‍⚖️ MORE NDPA CLE: Ellsberg, Harris, Schmidt, Among Headliners @ Inaugural Fourth Circuit Asylum Law Conference @ William & Mary Law on March 11!

⚖️🇺🇸🙏🏽READ DEAN KEVIN JOHNSON’S MOVING OBIT FOR ACADEMIC GIANT PROFESSOR MICHAEL OLIVAS, U. OF HOUSTON LAW (EMERITUS)

 

https://lawprofessors.typepad.com/immigration/2022/04/rip-michael-olivas-scholar-immigration-and-much-more-mentor-friend-and-colleague.html

Friday, April 22, 2022

RIP Michael Olivas: Scholar (Immigration and Much More), Mentor, Friend, and Colleague

By Immigration Prof

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I learned earlier today that we had lost a great one, my friend, colleague, and mentor Michael Olivas.  It is with a profound sense of loss that I reflect on how much he has meant to me personally (including to my family, who he always asked about individually by name) as well as professionally.  Michael followed by son Tomas’s Little League baseball career and asked for annual updates at the annual meeting of the Association of American Law Schools, mentored me through tenure, and helped me land the deanship at UC Davis (by calling the Chancellor and putting in a good word).

 

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Michael was a wonderful scholar, including but not limited to immigration law.  He once was this blog’s Immigration Professor of the Year.  The book Law Professor and Accidental Historian:  The Scholarship of Michael A. Olivas(Editor Ediberto Román, 2017) brought together a group of scholars to analyze Michael’s path-breaking scholarship.  The publisher encapsulates the anthology as follows:

“Law Professor and Accidental Historian is a timely and important reader addressing many of the most hotly debated domestic policy issues of our times—immigration policy, education law, and diversity. Specifically, this book examines the works of one of the country’s leading scholars—Professor Michael A. Olivas. Many of the academy’s most respected immigration, civil rights, legal history, and education law scholars agreed to partake in this important venture, and have contributed provocative and exquisite chapters covering these cutting-edge issues. Each chapter interestingly demonstrates that Olivas’s works are not only thoughtful, brilliantly written, and thoroughly researched, but almost every Olivas article examined has an uncanny ability to predict issues that policy-makers failed to consider. Indeed, in several examples, the book highlights ongoing societal struggles on issues Professor Olivas had warned of long before they came into being. Perhaps with this book, our nation’s policy-makers will more readily read and listen closely to Olivas’s sagacious advice and prophetic predictions.” (bold added).

In an introduction to Accidental Historian, I offered some thoughts on how much Michael had done for so many, myself included.  Here is that intro.  Download Law Professor and Accidental Historian

Michael also worked for change.  At great personal cost, he created the “Dirty Dozen” law schools without a Latina/o on the faculty.  Michael recruited many Latina/os into legal academia.  He mentored, advised, read drafts of articles, and much more for countless professors of color (myself included).  Among many other service activities, Olivas helped lead an effort to file an amicus curiae brief on behalf of immigration law professors in the Supreme Court in the Deferred Action for Childhood Arrivals (DACA) case.  As he was in that case, Olivas in my view was  on the right side of the trajectory of history.

 

The University of Houston Law Center

1.27K subscribers

Professor Michael A. Olivas Tribute Video

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There no doubt will be many stirring tributes to Professor Michael Olivas in coming days.  Many will miss him immensely.  I sure will miss my guiding light and guardian angel.  RIP Michael Olivas.

KJ

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

Thanks, Kevin. Here’s more on Michael and his remarkable life and career:

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/outsidenews/posts/another-giant-falls-prof-michael-a-olivas-r-i-p

RIP and Due Process Forever!🇺🇸

PWS

04-24-22

Related posts:

  1. IMMIGRATIONPROF BLOG: Johnson, Olivas, Wadhia on DACA: “DACA will be reminisced as a story about human pain and hope.“
  2. ⚖️🇺🇸👍🏼🗽DEAN KEVIN JOHNSON’S SUCCINCT RESPONSE TO GREG ABBOTT’S PREDICTABLE SOUTHERN BORDER BS IS WORTH A READ! — PLUS: ARELIS HERNANDEZ OF WASHPOST WITH SOME MUCH-NEEDED TRUTH & PERSPECTIVE FROM THOSE ACTUALLY LIVING ON THE SOUTHERN BORDER: “We need more lawyers and judges, not more troops or technology.”
  3. 🇺🇸🏴‍☠️RACE IN AMERICA: CARRIE ROSENBAUM “GETS IT,” EVEN AS MAYORKAS, GARLAND, HARRIS & THE OTHER BIDEN HYPOCRITES PRETEND NOT TO:  “Immigration reform, and a more robust application of the Equal Protection doctrine to all those inside the country, and at our borders, is necessary to move towards meaningfully dismantling systemic racism.”
  4. ⚖️👍🏼🗽🍾CONGRATS TO NDPA SUPERSTAR ASSOCIATE PROVOST FOR INTERNATIONAL AFFAIRS LAILA HLASS OF TULANE LAW ON BRODYAGA AWARD 🏆 & NEW ARTICLE 📖✍️!

🗽⚖️👍🏼GW CLINIC SAVES ANOTHER REFUGEE LIFE — But, It’s A Sobering Example Of The Type of Person Who Will Be Left To Die At Our Borders If Feckless, “Miller Lite” (Or, “Miller Genuine?”) Dems Are Able To Persuade Biden To Kill Asylum For Good  & Join GOP’s Racist Abrogation Of Rule Of Law! — Progressives Need To “Push Back Hard” On Latest Dem Cowardice & Nonsense — Insist On Restoration Of Rule Of Law For ALL Asylum Seekers @ Border!

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

“I really do not find enough words to let you know how grateful I am to all of you for your wise and timely guidance at all times and for the dedication and commitment that you assumed from the first moment towards our asylum case.”

Please join me in congratulating Immigration Clinic client T-G and her son F-P, from Venezuela, and their student-attorneys Karoline Núñez, Samuel Thomas, Alexandra Chen, and Jeremy Patton. The clients’ asylum application was filed April 28, 2017, their interview at the Asylum Office was on November 1, 2021, and the grant was issued March 21, 2022. T-G received the grant yesterday.

T-G is a survivor of domestic violence at the hands of her husband. He’d punch T-G, force her to have sexual relations, infected her with a STD, and he blamed her for their daughter’s neurological issues. Their daughter contracted Zika but was unable to receive the appropriate treatment because T-G was not a supporter of the Maduro government. Their daughter died at age 14.

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

Alberto Manuel Benitez

Professor of Clinical Law

Director, Immigration Clinic

The George Washington University Law School

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

Many congrats to the GW Immigration Clinic and all the GW All-Stars! 🤮⚖️

Let’s get behind the intentional dehumanization and the chronically misleading “numbers” being thrown around by nativists, some so-called “moderate” Dems, and the DHS. Put a “human face” on our nation’s dereliction of legal duty and abandonment of values at out Southern border.

Suffering at the Border
The Faces Of Human Suffering @ Our Border
PHOTO: The Guardian

This case is a compelling example of the types of refugees, many women and children and most people of color, who are stuck at our Southern Border as illegal suspension of asylum laws, based on racially- motivated bogus “public health” grounds grinds on. With some legal assistance and a fair and orderly system in place, many of those waiting could qualify for asylum if given a fair chance under the law. 

Access to the asylum system, representation, and fair and impartial adjudication are essential to success. Right now, the Biden Administration is denying all three.

Now, more amoral and weak-kneed Dems are urging Biden to kill asylum and refugees of color along with it by “delaying” the long overdue resumption of legal asylum processing at the border for another “60 days.” https://www.forbes.com/sites/joewalsh/2022/04/18/more-democrats-criticize-biden-for-plan-to-end-trump-era-border-restrictions/?sh=68b608c251d8  

Make no mistake, this disingenuous action would kill asylum for good! These guys don’t even have the guts to admit that they are now carrying out Stephen Miller’s xenophobic war on immigrants and refugees of color.

  • Biden ran on an elimination of Title 42 and restoration of the legal asylum process. If 18 months after the election they lack a “plan,” there is no reason to believe that 60 more days would make a difference. It’s now or never!
  • 60 days would bring us even closer to the mid-terms. If Dems are scared to follow the law now, that’s not going to improve as the midterms get even closer. 
  • You can be sure that once the midterms are past, particularly if Dems get “blown out” as they fear, they will claim that the time “isn’t right” for any immigration “reform” (although, following the law is hardly a real “reform”) in advance of the 2024 election. If the GOP wins in ’24, the effective elimination of legal immigration — with or without legislation — will be finalized.
  • This has nothing to do with COVID at this point. It never really did. It was always about finding a pretext to close the border and keep it closed — at least to non-White refugees. But, since COVID constantly mutates, there will always be some sort of “COVID emergency” out there for the foreseeable future. 
  • Asylum applicants have NOT been a significant source of COVID. They are far less of a threat to our health, safety, and security than GOP “magamorons” who eschew vaccination and basic public safety precautions. The Biden Administration should have a plan in place to insure that asylum seekers are tested and if necessary vaccinated before admission.
  • If we have no legal asylum system at the border, no functional refugee system abroad, and no hope for the future, the only way for individuals to seek protection will be by using smugglers to enter illegally and then hoping to “lose themselves” in a burgeoning “extralegal population” throughout out America. Once we abandon any pretext of a legal system for asylum seekers, the border will get further and further out of control. That will add to the GOP’s claims that more and more cruel, draconian, and punitive measures are necessary. But, they won’t stop desperate people from attempting entry until they either succeed or die in the process.
  • Contrary to the misguided blather of some Dems, there will never be a better time for Dems to support asylum seekers. They are concentrated in border areas, and eager to have their claims heard. Orderly processing and admitting as many as qualify, in a period of artificially reduced migration, would help the economy, raise tax revenues, and address supply chain issues. If not now, when?
  • Restoring asylum law is a legal requirement, not a “strategy,” “policy,” or “political choice.” If Dems turn their backs on the rule of law, what makes them different from the GOP?

If this divisive nonsense and backsliding on basic constitutional, racial justice, and social justice issues continues, progressive Dems are going to be faced with having to make a decision about the party’s future.

Progressive Dems make up a key part of the party’s core base and a disproportionate amount of the “boots on the ground, grass roots enthusiasm.” Republicans aren’t going to vote for Dems, no matter how xenophobic, hateful, and racist Dems are toward migrants. So-called “independents,” are neither going to fill the Dems coffers nor pound the pavement and work the phone lines to “get out the vote.”

So, arrogant “Title 42 Dems” are assuming that they can “spit on” immigrant justice, racial justice, economic justice, and social justice and that their “core support” among progressives won’t diminish because they will always be preferable to “Trump Republicans.”  

All in all, it’s a “big middle finger” to progressives and their social justice agenda. That’s an agenda that Biden actually successfully ran on. 

If progressives really believe in a pro immigrant, pro rule of law, racial justice agenda, then they need to stand up to the backsliders and let them know that there will be real consequences of yet another “sellout of immigrants’ rights.” We’ll see whether progressive Dems have more backbone and courage than their “Title 42/Miller Lite wing.”

This morning, a WashPost editorial correctly pointed out that Ukrainian refugees “couldn’t afford to wait” for the Biden Administration to get its act together. https://www.washingtonpost.com/opinions/2022/04/19/united-states-ukraine-refugee-effort-slow-start/

But, the Post badly missed the larger point — NO refugee can afford to wait, be they White Ukrainians, Black Haitians, Cameroonians, and Congolese, or Latinos from the Northern Triangle, Venezuela, and Nicaragua! Our obligations to asylees are not supposed to be “race-based!”

The U.S. has had a legal refugee and asylum system for more than four decades. During that time, Congress has made several amendments of the law to allow DHS to rapidly process and summarily remove those appearing at the border who, after prompt expert screening by Asylum Officers, cannot establish a “credible fear” of persecution. 

Restrictionists and shamefully some so-called moderate Democrats, and sometimes CBP, seem to have conveniently “forgotten” that the law was designed to deal fairly and promptly with so-called “mass migrations” long before the advent of the bogus Title 42 charade.

For some periods during the 40 years since the enactment of the Refugee Act of 1980, the U.S. has run functional refugee and asylum programs. Not “perfect” or perhaps even “optimal,” but “functional.”

They have done this by employing experts, cooperating with NGOs (domestic and international), and building resettlement and support systems spearheaded by NGOs, using Government grants, and promoting teamwork and coordination with states and localities.

It has only been when Administrations of both parties have mindlessly turned away from human rights experts and followed the misguided and tone-deaf gimmicks advocated by nativists and apostles of “enforcement only deterrence” that the legal systems for refugees and asylees, and efficient, humane border enforcement, have fallen into disorder.

While refugee and asylum laws could undoubtedly be improved, contrary to the media blather and nativist grandstanding, we have the basic legal framework to deal with the current refugee and asylum situations at our borders and beyond. The question is whether the Biden Administration and Dems have the will, vision, competence, and willingness to cooperate with human rights experts to fix the mess intentionally created by Trump and return human decency, competence, and the rule of law to our borders! If not now, when?

🇺🇸Due Process Forever!

PWS

04-19-22

 

Related posts:

  1. WOW, HERE’S A SURPRISE: MANY KIDS FLEEING VIOLENCE IN THE NORTHERN TRIANGLE KNOW NOTHING ABOUT BIDEN BORDER POLICIES — They Are Just Trying To Save Their Lives!
  2. 🇺🇸🗽⚖️GEORGE W. BUSH INSTITUTE REPORT: GENDER VIOLENCE ☠️⚰️DRIVES CONTINUING REFUGEE FLOW TO U.S. — Dishonesty Of Sessions’s Misogynistic Attack In Matter Of A-B- 🤮 Exposed Again! — Yet, Garland Fails To Take Action To End Misogyny, Anti-Asylum Culture @ EOIR, Even As He Also Fails To Insist On The Restoration Of The Rule Of Law @ Our Borders! —  WHY?🤯
  3. ☹️”TOO GOOD TO BE TRUE” — Asylum Seekers Stranded In Mexico See Promise To Lift Title 42 Blockade With Mixture Of Hope, Skepticism, & Confusion! — Under Trump, & Now Biden, U.S. Human Rights Laws & Our Constitution Have Become “Game Of Whack A Mole!” — Human Lives & The Rule Of Law A “Joke” To Border Patrol Agents!
  4. 🤯PROGRAMMED TO FAIL:  LACK OF LEADERSHIP, EXPERTISE, COURAGE, COMMITMENT TO RULE OF LAW, RACIAL AWARENESS, & AN ATTORNEY GENERAL “ON VACATION” PLAGUES BIDEN’S BUNGLED BORDER POLICY! — Is Appeasing GOP White Nationalists With Racist Policies While Scorning The Rule of Law & Dissing Progressive Supporters REALLY A Great “Strategy” For Biden & Harris?  🤮 — NY Times Reports

🗽NDPA NEWS: GET SMART FOR FREE! 🧠 — Join author Ali Noorani, CEO of the National Immigration Forum, for a virtual discussion on Wednesday April 27 from 1-2 pm ET about his newest book, “Crossing Borders: The Reconciliation of a Nation of Immigrants!”

Join author Ali Noorani, CEO of the National Immigration Forum, for a virtual discussion on Wednesday April 27 from 1-2 pm ET about his newest book, “Crossing Borders: The Reconciliation of a Nation of Immigrants,” with Cornell immigration law professor Stephen Yale-Loehr and Wall Street Journal reporter Michelle Hackman. Based on interviews in Honduras, Mexico, Eastern Europe, and communities across the U.S., Mr. Noorani’s book presents the complexities of migration through the stories of families fleeing violence and poverty, the government, and nongovernmental organizations helping or hindering their progress, and the U.S. communities receiving them. Going beyond highly charged partisan debates, the panel will offer real insights and actionable strategies for restoring the dignity of both immigrants and the United States itself.

To register for the free webinar, go to https://ecornell.cornell.edu/keynotes/overview/K042722a The webinar is co-sponsored by the Cornell Migrations Initiative. 

 

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

Another all-star 🌟 panel featuring some of the “best in the business!” Think how much better immigration and human rights policies could be if folks like this were “on the inside” formulating and directing USG policy rather than commenting from the outside. I’ll bet the Immigration Courts, the border, and our asylum and refugee systems would all be on a much better trajectory!

🇺🇸Due Process Forever!

PWS

04-18-22

Related posts:

  1. 😎👍🏼⚖️🗽 MORE FREE NDPA TRAINING FROM THE EXPERTS: 6 Months After the Fall of Aghanistan: Free Webinar Mar. 9 1-2 pm ET!
  2. 😰TRAUMATIZED BY DEALING WITH GARLAND’S DYSFUNCTIONAL EOIR? — Thankfully, There’s Help For That! — Professor Steve Yale-Loehr & A Panel Of Mental Health Experts Will Discuss Methods For Dealing With Traumatic Situations Created By An Out-Of-Control, Leaderless, Values-Free System Designed & Staffed To Dehumanize & Deny!*
  3. FARCE UNDER THE “BIG TOP” – “Clown Courts” Deliver Potential Death Sentences With Nary A Trace Of Due Process As Article III Judges Beclown Themselves By Looking The Other Way!
  4. WASTEFUL, DANGEROUS ICE DETENTION (THE “NEW AMERICAN GULAG”) CONTINUES TO UNDERMINE HUMANITY & OUR NATIONAL INTERESTS — Cornell Students From the NDPA Intervene To Save A Cuban Doctor From Mindless and Life-Threatening Detention, But Her Problems Linger Under Garland’s Dysfunctional Immigration “Courts” (That Aren’t “Courts” At All, By Any Sane Definition)!

⚖️👍🏼🗽🍾CONGRATS TO NDPA SUPERSTAR ASSOCIATE PROVOST FOR INTERNATIONAL AFFAIRS LAILA HLASS OF TULANE LAW ON BRODYAGA AWARD 🏆 & NEW ARTICLE 📖✍️!

Professor Laila L. Hlass
Associate Provost/Co-Director of the Immigration Clinic/Professor of the Practice Laila L. Hlass
Tulane Law

Laila, my friend, everywhere I look you’re making news! Here’s Dan Kowalski @ LexisNexis on Layla’s well-deserved Lisa Brodyaga Award from the National Immigration Project:

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/outsidenews/posts/tulane-law-prof-laila-l-hlass-wins-2022-nip-brodyaga-award

Laila was also in the headlines in a report from Dean Kevin Johnson over at ImmigrationProf Blog designating her latest scholarship as the “Immigration Article of the Day:” Lawyering from a Deportation Abolition Ethic by Laila Hlass, 110 California Law Review (Forthcoming Oct. 2022):

https://lawprofessors.typepad.com/immigration/2022/04/immigration-article-of-the-day-lawyering-from-a-deportation-abolition-ethic-by-laila-hlass.html

Laila was a “guest lecturer” in my Refugee Law and Policy class during her time as a Fellow at the CALS Asylum Clinic at Georgetown Law. Since then, I have “returned the favor” by traveling to Tulane Law, both virtually and in person, to speak to Laila’s class and other immigration events. Laila has been recognized for “putting Tulane Law on the map” for innovative practical scholarship in immigration and international human rights and excellence in clinical teaching. No wonder she carries a “string of titles” at Tulane Law!

Laila is also one of many exciting examples of how clinical immigration and human rights professors have not only moved into the “academic mainstream” at major American law schools, but have been recognized as leaders and innovators by the larger academic communities in which they serve. Immigration law teaching has come a long way since the late INS General Counsel Charlie Gordon’s Immigration Law Class at Georgetown was the “only game in town.” (Historical trivia note: My good friend the late BIA Judge Lauri Filppu and I “aced” Charlie’s class in 1974, thus “besting” our then-supervisor at the BIA. That could have been a “career limiting” move. But, we both ended up on the “Schmidt Board” in the 1990s.)

Many congrats, Laila, on an already amazing career with even more achievements and recognition in your future. Thanks for being such a brilliant, inspiring, and dynamic role model for the New Due Process Army!

🇺🇸Due Process Forever!

PWS

04-15-22

Related posts:

  1. LAW YOU CAN USE: ALL-STAR PROFESSOR LINDSAY MUIR HARRIS TELLS US HOW TO STOP THE TRUMP, SESSIONS, NIELSEN PLAN FOR A “NEW AMERICAN GULAG:” “CONTEMPORARY FAMILY DETENTION AND LEGAL ADVOCACY” — 136 Harvard Latinx Law Review Vol. 21 — “This is our time to act and proudly join the brigade of “dirty immigration lawyers” to ensure protection and due process for the most vulnerable!”
  2. PURE BS 💩 — TRUMP’S “BIG LIE” ABOUT MIGRANT APPEARANCES FOR HEARINGS BOGUS AS $3 BILL 🤮👎🏻— Replacing DHS/EOIR With Rational, Qualified, Fact-Based Governance & Real Judiciary Could Bring Appearance Rate Close To 100%!  — Two Items From ImmigrationProf Blog!
  3. ⚖️🗽🧑🏽‍⚖️COURTS OF APPEALS CONTINUE TO THROW ROTTEN TOMATOES 🍅 @ BIA’S ANTI-ASYLUM BIAS — Basic Analytical, Legal Errors Continue From Weaponized, Non-Expert “Star Chamber” ☠️ Posing As ”Tribunal!” — Judge Garland Must Fix This Inexcusable, Unnecessary, Systemic Failure Now! — Justice For Persons Of Color & Migrants Can’t “Wait For Godot!”
  4. WOW, HERE’S A SURPRISE: MANY KIDS FLEEING VIOLENCE IN THE NORTHERN TRIANGLE KNOW NOTHING ABOUT BIDEN BORDER POLICIES — They Are Just Trying To Save Their Lives!

👷🏽‍♀️NDPA @ WORK: G.W. LAW IMMIGRATION CLINIC STUDENTS FILE PUBLIC CHARGE REG COMMENTS!

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

This just in from Professor Alberto Benitez @ GW Law:

Friends,

I’m pleased to report that two Immigration Clinic student-attorneys, Trisha Kondabala and Mira Sadra Nabavi, researched, wrote, and filed the attached comment in response to a notice of proposed rulemaking regarding the public charge inadmissibility ground of the Immigration & Nationality Act. 

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

Alberto Manuel Benitez

Professor of Clinical Law

Director, Immigration Clinic

The George Washington University Law School

GWLawImmigrationClinic_publicchargecomment

**************
Congrats and kudos to Trisha and Mira!🤩

The future of American law and social justice is in your hands!⚖️🗽👍🏼

🇺🇸Due Process Forever!

PWS

04-14-22

Related posts:

  1. 🗽⚖️NDPA NEWS: GW IMMIGRATION CLINIC CONTINUES TO IMPRESS!
  2. 😎🗽⚖️ OF COURSE, GREAT LAWYERING MAKES A DIFFERENCE IN IMMIGRATION COURT! — Only Nativists & Former Director McHenry Would Bogusly Claim Otherwise! — Another “Real Life Success Story” From Professors Benitez & Vera @ The GW Law Immigration Clinic! — Garland’s DOJ “Goes Molasses In November” On Improving Access To Counsel & Elevating The “Pro Bono Experience!”
  3. ⚖️👩🏽‍⚖️ MORE NDPA CLE: Ellsberg, Harris, Schmidt, Among Headliners @ Inaugural Fourth Circuit Asylum Law Conference @ William & Mary Law on March 11!
  4. ⚖️THE GIBSON REPORT — 03-15-21 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Keep Up To Date On The Biden Administration’s Immigration Plans & Actions!

🗽NDPA OPPORTUNITY: Join Professor Alberto Benitez (GW) & Anam Rahman ESQ For A Review Of Biden Administration’s Immigration Policies — Tuesday, March 15 @ Noon (Zoom)

 

 The Biden Administration’s Immigration Policies March 15th 2022 REV FLYER.pdf

THE BIDEN ADMINISTRATION’S IMMIGRATION POLICIES:
A REVIEW
Tuesday, March 15th, 2022 12-1:00pm ET (ZOOM)
PROFESSOR ALBERTO BENITEZ
ANAM RAHMAN
Partner, Calderón Seguin PLC;
GW Law Alum 2012
Register here: The Biden Administration’s Immigration Policies March 15th 2022 REV FLYER.pdf

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

🇺🇸Due Process Forever!

PWS

03-13-22

 

 

Related posts:

  1. ⚖️🧑🏽‍⚖️👨🏻‍⚖️🗽COURT REFORM: GW IMMIGRATION CLINIC STUDENTS WEIGH IN ON ARTICLE I — Emphasize Critical Due Process Need To Entirely Remove AG From Decision-Making Process!
  2. 😎🗽⚖️ OF COURSE, GREAT LAWYERING MAKES A DIFFERENCE IN IMMIGRATION COURT! — Only Nativists & Former Director McHenry Would Bogusly Claim Otherwise! — Another “Real Life Success Story” From Professors Benitez & Vera @ The GW Law Immigration Clinic! — Garland’s DOJ “Goes Molasses In November” On Improving Access To Counsel & Elevating The “Pro Bono Experience!”
  3. ⚖️☹️A GOOD MAN IN THE WRONG JOB — The Last Two GOP Administrations Cut Through The “Levi-Civiletti” Post-Watergate Institutional Reforms @ Justice Like A Hot Knife Through Soft Butter — Garland’s “Old School” Approach Is Likely Doomed To Failure, & Might Take American Democracy With It!  — The “St. Louis Gets Pushed Back Put To Sea” Every Day @ Garland’s Broken & Dysfunctional DOJ!☠️⚰️
  4. ☠️🤮⚰️ AMERICAN TRAVESTY — IN GARLAND’S TOTALLY DYSFUNCTIONAL (NON) COURT SYSTEM, LIFE OR DEATH⚰️ IS A COMPLETE “CRAP SHOOT!” — WHY ISN’T THE PRESSURE ON BIDEN’S AG TO FIX IT BEFORE MORE LIVES ARE UNJUSTLY LOST?

🗽AS LAST AFGHAN REFUGEES LEAVE FT. MCCOY, WI, U.S. RESETTLEMENT SYSTEM CONTINUES TO SUFFER FROM DAMAGE INFLICTED BY TRUMP KAKISTOCRACY!☹️

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‘I don’t know what will happen’: After months at Fort McCoy, Afghan family resettled in separate states

Living 120 miles apart, family shares hopes and anxieties while navigating ‘chaotic’ resettlement process
Lamha Nabizada spent nearly six months at Fort McCoy, a 60,000-acre Army base in Monroe County, Wis., before she was relocated with part of her family to Rockville, Md. Here, she looks through the window of a hotel room on Feb. 22, 2022, during the family’s search for permanent housing. She is among 76,000 Afghans evacuated to the United States during the country’s largest resettlement operation since the Vietnam War. (Eman Mohammed for Wisconsin Watch)
By Zhen Wang February 28, 2022
Wisconsin WatchIn her final hours living at Fort McCoy, an Army base in rural Monroe County, Wisconsin, Lamha Nabizada searched for an interesting place to pose for a photo at this reporter’s request. The task wasn’t easy.“Everywhere is the same thing, same barrack,” the 27-year-old told Wisconsin Watch.Venturing outside into frigid air, she posed in front of a flagpole and gun turret.It was Feb. 6, the day before Nabizada and her 22-year-old brother Masroor would travel to Maryland — continuing a resettlement journey that began last August when the Taliban took over Afghanistan’s capital of Kabul. They were among tens of thousands airlifted from the country with passports, legal documents and little else.Nearly six months later, the siblings were among the last to leave Fort McCoy, which housed as many as 12,600 Afghans.

Lamha felt mixed emotions as she prepared to leave: hope for new opportunities and anxiety about moving to an unfamiliar place.

“I don’t know what will happen in the future,” she said.

On Feb. 15, Fort McCoy became the seventh of eight U.S. military installations to send its final evacuees to host communities. Four days later, the eighth base cleared out the last of the 76,000 total evacuees who arrived for the largest resettlement operation since the Vietnam War.

Through Feb. 23, Wisconsin had resettled about 820 of the 850 Afghan evacuees currently slated for the state, according to Bojana Zorić Martinez, director of the Wisconsin Department of Children and Families’ Bureau of Refugee Programs.

Zorić Martinez said serving so many people at once was difficult. Aside from housing, they need Social Security numbers, jobs, food and other basic items.

Evacuees are eligible to apply for benefits available to refugees, according to the federal Office of Refugee Resettlement. That includes job preparation, English language training and medical aid. They may also be eligible for other federal benefits such as Medicaid and food assistance.

Zorić Martinez said the system shrunk under Trump, who slashed the country’s refugee cap each year he was in office, which meant less money for resettlement agencies.

“We are now seeing the consequences of that,” she said.

Read the full story

 

*

ZHEN WANG / WISCONSIN WATCH

zwang@wisconsinwatch.org

Zhen Wang joined Wisconsin Watch as a reporting intern in May 2021. At UW-Madison, she is pursuing a master’s degree in journalism, honing her investigative journalism skills, and preparing herself for a career in health care journalism. She previously worked for the Guardian Beijing bureau and China Daily. Before joining the journalism industry, she worked in various sectors and obtained a master’s degree in international relations in New Zealand. She speaks Chinese and is a member of Asian American Journalists Association.

More by Zhen Wang / Wisconsin Watch

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Reprinted from Wisconsin Watch under Creative Commons License. Full story available at the link. Nice reporting by Zhen Wang!

Here are some additional quotes from Zhen’s article from my good friend and NDPA superstar Professor Erin Barbato of the U.W. Law Immigration Clinic, among the many clinical teams who have “stepped up” for Afghan refugees:

“The government has to provide more resources, if we’re going to ensure that everybody has their basic needs met during this transition time, and it’s wonderful to see people in the community coming together,” said Erin Barbato, director of the Immigrant Justice Clinic at the University of Wisconsin Law School. “But that’s not going to solve the problem for everybody.”

The legal clinic is helping evacuees file for asylum and training attorneys to represent them in that process — positions that are in short supply. Barbato and other immigration experts fear some people will fall through bureaucratic cracks unless the federal government takes action to stabilize the system.
. . . .

Barbato, the UW legal clinic director, said the two-year parolee status leaves evacuees vulnerable to future deportation — a potentially deadly proposition. The U.S. asylum program last year faced a backlog of nearly 413,000 applications.

Congress has historically passed such laws to protect evacuees from U.S. military conflict zones, including in Vietnam and Iraq.

 

Echoing immigration advocates and veterans, Barbato said an Afghan Adjustment Act, which has yet to be introduced in Congress, could pave a safer, quicker path to citizenship. Lawmakers must also inject more resources into the immigration bureaucracy, she added. How these resources are allocated will shape the fate of applicants who have waited years in the queue — as well as new Afghan arrivals.

Professor Erin Barbato
Professor Erin Barbato
Director, Immigrant Justice Clinic
UW Law
Photo source: UW Law

 

 

 

 

 

 

 

 

 

 

🇺🇸Due Process Forever!

 

PWS

o3-01-22

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  1. ⚠️🚸V.P. HARRIS IS GOING TO THE BORDER: SHE SHOULD TALK WITH THE REAL VICTIMS OF HER GOVERNMENT’S, ILLEGAL, WRONG-HEADED, IMMORAL, AND INEFFECTIVE BORDER DETERRENCE POLICIES — Avoid The CBP “Dog & Pony Show,” & The GOP’s Cowardly “Gunboat Cruz” — Cross Over The Border, View The Human Rights Catastrophe We Have Created, Understand People Have A Right To Seek Legal Refuge, & Fix The Legal Asylum System At Ports Of Entry & Immigration Courts With Humane, Practical Experts! — “The vice president seems to have bought into the… I can’t use another word, but the nativist party line, that somehow these immigrants are the cause of the problem when, in fact, they’re the victims of multiple problems in many cases.” — Stop Blaming, Shaming, & Dehumanizing The Victims & Start Fixing Our Asylum System & Solving The Problems That Force Them To Migrate!
  2. NDPA SUPERSTAR ⭐️ PROFESSOR ERIN BARBATO 🦸‍♀️ ORGANIZES EVENT, SPEAKS OUT IN MADISON CAP TIMES ON ICE ABUSES IN THE “NEW AMERICAN GULAG” (“NAG”) — “We must rebuild the system from the ground up and work toward a future in which immigrants are treated with respect and dignity. Our shared humanity demands it.”
  3. 😰NO HAPPY NEW YEAR FOR FAMILIES IN “THE NEW AMERICAN GULAG”☠️⚰️ — As Kakistocracy Of War Criminals 🤮🏴‍☠️ Departs, Will President Biden Have The Wisdom & Guts To Move Beyond “The Dem Border Alarmists” & Get The Progressive Leaders 🦸🏽‍♂️⚖️ From The NDPA In Place To Bring Due Process & Order To The Border?🗽🇺🇸
  4. VICE PRESIDENT HARRIS THINKS RULE OF LAW DOESN’T APPLY TO RICH NATION THAT ILLEGALLY TURNS DESPERATE REFUGEES AWAY, SUGGESTS GUATEMALANS SHOULD DIE IN PLACE! — “Deterrence Statement” Won’t Stop Migration, Won’t Appease Nativist-Restrictionists, But Will Cost Her Support From Human Rights Progressives Who Helped Elect Her!  — There Will Be No Workable Solutions At Our Southern Border Without a Functional, Robust Legal Asylum System That Complies With Due Process!

⚖️👩🏽‍⚖️ MORE NDPA CLE: Ellsberg, Harris, Schmidt, Among Headliners @ Inaugural Fourth Circuit Asylum Law Conference @ William & Mary Law on March 11!

Dr. Mary Ellsberg
Dr. Mary Ellsberg
Founding Director
Global Women’s Institute
George Washington University
PHOTO: GWU
Professor Lindsay Muir Harris
Professor Lindsay Muir Harris
UDC Law
Me
Me

https://www.eventbrite.com/e/the-inaugural-fourth-circuit-asylum-law-conference-tickets-203071732017?aff=speaker

The Inaugural Fourth Circuit Asylum Law Conference

MAR

11

The Inaugural Fourth Circuit Asylum Law Conference

by William & Mary Law School Immigration Clinic

 

11

The Inaugural Fourth Circuit Asylum Law Conference

by William & Mary Law School Immigration Clinic

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$20 – $250

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$20 – $250

Tickets

Event Information

Join us for a full-day virtual conference discussing Fourth Circuit asylum law and best practices with experts. 6.5 VA & NC CLE credits.

About this event

Join the William & Mary Law School Immigration Clinic, William & Mary Center for Racial and Social Justice, and Immigrant Justice Corps for the Inaugural Fourth Circuit Asylum Law Conference.

Conference Schedule:

Panels and Sessions include:

  • One Year In: The Biden Administration and Asylum Policy
  • Developments in Fourth Circuit Case Law
  • Increasing Access to Pro Bono Counsel in Underserved Areas: Virginia as a Case Study
  • Working Across Disciplines: Best Practices for Attorneys and Mental Health Professionals in Asylum Seeker Evaluations
  • Country Conditions: From Page to Practice

CLE Credit and DOJ Accredited Representative Certifications

This event has been approved for 6.5 credit hours of CLE credit from Virginia and North Carolina. Attorneys seeking CLE credit must purchase tickets indicating that CLE credit is provided (indicated by “CLE” listed by the ticket type).

Attorneys from other jurisdictions who are not seeking CLE credit from Virginia or North Carolina are welcome to attend.

DOJ Accredited Representative certifications will be provided to those who register as DOJ Accredited Representatives seeking certification.

Zoom Webinar Information

Zoom information for the event will be sent to the email address used to register. For security reasons, we do not post the Zoom link information. All Zoom registration information will be provided in a separate email closer to the date of the event.

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Date and time

Fri, March 11, 2022

9:00 AM – 5:00 PM EST

Location

Online event

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Contact the organizer to request a refund.

Eventbrite’s fee is nonrefundable.

Organizer

William & Mary Law School Immigration Clinic

Organizer of The Inaugural Fourth Circuit Asylum Law Conference

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

Our panel will be “Country Conditions: From Page to Practice.”

🇺🇸Due Process Forever!

PWS

02-25-22

Related posts:

  1. HOW “AMERICA’S KILLER COURTS” PROMOTE “CRIMES AGAINST HUMANITY” — HUMAN RIGHTS WATCH: TRUMP & HIS WHITE NATIONALIST SYCOPHANTS & TOADIES TOUT LAWLESS POLICIES THAT VIOLATE LEGAL OBLIGATIONS & HELP KILL, RAPE, TORTURE THOSE RETURNED TO EL SALVADOR — Supremes & Article III Judiciary Complicit In Gross Human Rights Violations! 
  2. WHEN ARTICLE III COURTS FAIL: U.S. “Orbits” Refugee Families To Dangerous Chaos In Guatemala Under Clearly Fraudulent “Safe Third Country” Arrangements As Feckless U.S. Courts Fail To Enforce Constitutional Due Process & U.S. Asylum Laws In Face Of Trump Regime’s Contemptuous Scofflaw Conduct!
  3. GROSS NATIONAL DISGRACE: “A Fucking Disaster That Is Designed to Fail”: How Trump Wrecked America’s Immigration Courts — Fernanda Echavarri Reports For Mother Jones On How Our Failed Justice System Daily Abuses The Most Vulnerable While Feckless Legislators &   Smugly Complicit Article III Judges Look On & Ignore The Human Carnage They Are Enabling — “ Two days after US immigration officials sent her to Tijuana, she was raped.”
  4. JOURNAL ON MIGRATION & HUMAN SOCIETY (“JMHS”) PUBLISHES MY TRIBUTE TO JUAN OSUNA (1963-2017): “An Overview and Critique of US Immigration and Asylum Policies in the Trump Era”

😎👍🏼⚖️🗽MORE TIMELY NDPA ASYLUM TRAINING — Feb. 25-26 — Register Now!

Jeffrey S. Chase
Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Coordinator & Chief Spokesperson, Round Table of Former Immigration Judges
Hon. Susan G. Roy
Hon. Susan G. Roy
Law Office of Susan G. Roy, LLC
Princeton Junction, NJ
Member, Round Table of Former Immigration Judges

More NDPA Training:  Tomorrow and Saturday, the New York Asylum and Immigration Law Conference will be held virtually; Sue Roy and I are among the speakers, along with many other members of the NDPA.

Here is the link:

https://www.eventbrite.com/e/2022-annual-new-york-asylum-immigration-conference-tickets-233964222287

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

Here’s the full agenda with the impressive list of speakers:

2022 Asylum Conference Agenda_FINAL (Zoom Links & Dropbox Link)

Garland’s head will be spinning 😵‍💫 by the time the NDPA gets finished with him and his failing “courts!”

Thanks for passing this along, Sir Jeffrey!

🇺🇸Due Process Forever!

PWS

02-24-22

Related posts:

  1. ⚖️👩🏽‍⚖️ MORE NDPA CLE: Ellsberg, Harris, Schmidt, Among Headliners @ Inaugural Fourth Circuit Asylum Law Conference @ William & Mary Law on March 11!
  2. DEMS NEED TO STOP REPEATING THE BOGUS 🤥 NARRATIVES ABOUT THE (LARGELY SELF-CREATED & OVERBLOWN) “SOUTHERN BORDER CRISIS:” Channeling “Courtside,” Yale Schacher Sets Forth A Plan For Using Experts To Not Only Reinstitute But Drastically Improve Due Process ⚖️🗽🇺🇸 For Asylum Seekers! — It’s NOT Rocket 🚀 Science!
  3. ⚠️🆘JUDGE GARLAND’S FAILURE TO ADDRESS HIS DYSFUNCTIONAL IMMIGRATION COURTS CONCERNS UNION, ADVOCATES, EXPERTS, & UNDERMINES HIS LEADERSHIP ON RACIAL INJUSTICE 🏴‍☠️ — Continuation Of Trump-Miller-Sessions-Barr White Nationalist, Anti-Asylum, Racist, Misogynist Agenda, Lack Of Plan To Replace GOP Hacks & Unqualified Judges Is A “Bad Look” For New AG & Team! — Round Table Star Judge Sue Roy Speaks Out!
  4. 🛡⚔️👍🏼“SIR JEFFREY” CHASE — Garland’s Immigration “Judges” Pull The Ol’ “Bait & Switch” — They Only Are “Judges” When “OIL” Is Trying To Convince Ethically & Legally Challenged Article III Courts To “Defer” To EOIR Decisions — Otherwise, They Are Expected To Act Like DOJ ”Grundoons” Mindlessly Carrying Out The Executive’s Agenda Cloaked In Quasi-Judicial Disguise!