⚖️CHRISTMAS 🎄 MESSAGE 2020: The Story & Spirit Of Christ 😇 Require Us To Show Compassion, Mercy, & Treat Refugees Fairly & Humanely, Even In Times Of Our Own Nation’s Difficulties & Trauma — “The Christmas story reminds us of a family struggling under the yoke of an oppressive regime,” Says Rev. Serene Jones👍🏼🗽

Manger
Getty Images
Rev. Serene Jones
Rev. Serene Jones
President
Union Theological Seminary

https://time.com/4155651/christmas-story-refugees/

From Time, Dec. 2015:

As our eyes fall upon the familiar manger scenes scattered throughout our churches and homes this Christmas season, it is hard not to think about the millions of people from that same manger land who are seeking refuge from terror and oppression now 2,000 years later.

Where will they go? Who will give them shelter?

As Oliver Willis with Media Matters tweeted: “if only we had a seasonally appropriate story about middle eastern people seeking refuge being turned away by the heartless.”

This less-than-140-character comment has inspired thousands of words in response, many of them from conservative Christians attacking Willis for committing a grave offense against the Christmas story. “Christmas is about Christ,” they insist, “not Syrian refugees. The holy family was simply returning to Bethlehem for a census.” Factually, these critics are right. But they miss the much larger point of the 

The Christmas story is not about a refugee family, but it is about a family seeking refuge. Ordered by an occupying government to travel by foot for days on end so that Caesar Augustus could count the number of people under his order, an expectant mother at the peak of her pregnancy is forced to undergo the single most dangerous experience of a first-century woman’s life not at home, but away in a manger.

It was a fiercely political environment through which they wandered. Why should we pretend like it wasn’t?

. . . .

I believe the Christmas story should open our eyes and our hearts to those most vulnerable in our midst. To those whose only hope is to travel by foot and inflatable raft for days in search of a livable life—many of whom look very much like the Middle Eastern Mary, Jesus’ mother.

. . . .

When Jesus is asked how one inherits eternal life, he responds with the story of the Good Samaritan. The most startling part of the story is that in Jesus’ time Samaritans were perceived similarly to American Muslims today.

Imagine the Pope, when asked how one gets into heaven, answering with a story about a young Muslim from Syria. This is the story Jesus tells.

Jesus tells us to welcome the stranger, to feed the hungry, to go and sell all your possessions and give the money to the poor. Jesus asks that we treat all of humanity with the same love, kindness and generosity that he modeled throughout his life.

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The Christmas story reminds us of a family struggling under the yoke of an oppressive regime. Of a God who became human to take on our struggles and strife and to embody divine love, whose light shines on all. As he tells us, whatever we have done for the least among us we have done to him.

As followers of Jesus we are called to welcome the strangers of our time. To return the care shown by the Good Samaritan to today’s marginalized communities. And to open our hearts and our doors to those seeking refuge this Christmas season, whatever their religion.

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Read the complete article at the link.

Rev. Jones’s words are as true today, even in the middle of a pandemic, as they were in 2015 when she wrote them.

Unfortunately, the sometimes perceptive, occasionally tone deaf, WashPost Editorial Board chose Christmas Day to exhibit the latter quality, basically “buying in” to the myth that 140,000 (or 200,00, or even 1,000,000) refugees seeking asylum at our Southern Border are somehow going to destabilize our nation and throw it into a tailspin. https://www.washingtonpost.com/opinions/biden-needs-to-restore-american-values-to-immigration-policy-without-triggering-a-border-surge/2020/12/24/d1b60100-43d7-11eb-975c-d17b8815a66d_story.html

According to this specious reasoning, that justifies an indefinite extension of the current regime’s cruel, bogus, and illegal refugee bans, including “Let ‘Em Die in Mexico” by the new Administration while it “cautiously figures things out” (something the Obama Administration never managed to do over eight painful years of botched asylum policies). I call BS! In this situation, every day of unnecessary delay in ending the regime’s racist policies endangers human lives and mocks our claim to be a “nation of laws.”

I repeat the words of my Round Table friend & colleague Judge Paul Grussendorf, a man who has first-had experience with refugees at all levels of our system and who, unlike the Editorial Board and the nativists, has “walked the walk and talked the talk:”

In the early days of this administration there was much hype over the “migrant caravans” composed mostly of Central Americans from the “northern triangle” countries, El Salvador, Honduras and Guatemala, that were “invading” our country — the old “barbarian hordes” trope that is a favorite of every totalitarian regime. In fact the numbers of each such “caravan” for the most part would easily fit inside a typical college stadium. (Current demographics demonstrate that even if we admitted all of them as potential workers and residents, the U.S. would still experience labor shortfalls in the near future and they would not supplant the decline of our native-born population.)

Hon. Paul Grussendorf
Hon. Paul Grussendorf
U.S. Immigration Judge (Ret.)
Member, Round Table of Former IJs
Author
Source: Amazon.com

Judge Grussendorf has forgotten more about asylum and refugee law and practice, and the humanity they serve, than the Editorial Board or the nativist alarmists (“modern day chicken🐥 littles”) they mimic will ever know. 

We’ve survived four years of a maliciously incompetent regime that thrives on disorder, lies, corruption, promoting human misery, inequality, racism, and has intentionally sought to undermine our democracy. Refugees actually bring to the table hope, courage, skills, self-sacrifice, values, and the same ideals on which our country was founded. Indeed, “saving ourselves by saving others” was the theme of one of my first post-retirement essays in 2016. https://immigrationcourtside.com/saving-child-migrants-while-saving-ourselves/

We actually have both the legal tools and the professional expertise readily available to treat asylum seekers and other migrants fairly. The last two Administrations have basically either failed to use existing mechanisms properly or, as in the case of the regime, actively worked to disassemble that which works. 

Reversing these disgraceful trends isn’t rocket science. We can institute and apply the correct legal standards in a fair and reasonable manner. There are loads of folks out there, many in them in the private or NGO sector, who know how to work with refugees, make fair determinations, resettle those who qualify, and institute humane alternatives for those who don’t fit within our current system. Since the regime trashed our international humanitarian obligations, many trained refugee and humanitarian professionals are more than ready to resume using their skills and expertise in refugee matters that was so stupidly, immorally, and improperly “shelved” by the regime.

It might not happen on January 21, 2021, but it could and should happen within a short time thereafter with the right folks in change and a concerted effort on the part of the Biden-Harris Administration to put them in place where they can solve the problems. Getting our asylum, refugee, and Immigration Court systems functioning needs to be a national priority of the highest order, right after COVID relief and economic help! It’s a critical part of the Biden-Harris Administration’s overriding commitment to racial and social justice!

Not surprisingly, refugee crises and the need for a strong, competent, lawful response seldom, if ever, come upon us in “in the best of times” when we are completely prepared. Refugee crises almost always come to a head during times of war, natural disaster, famine, revolution, or worldwide economic depression and disorder. The UN Refugee Convention sprung from the aftermath of WW II and Cold War, hardly stable times in history.

We can and must make carrying through on our legal and humanitarian obligations to the most vulnerable humans in the world, even in difficult and challenging times, part of our obligation to “show Christ-like love in word and deed” regardless of our religious affiliation, if any. 

Christ never asked his followers to do what was easy, profitable, ego-satisfying, or non-threatening — he asked others to follow him in unselfishly taking risk, believing in a better world to come, and “putting it all on the line” for humanity. Those are noble principles that all should be able to agree and act upon.

Merry Christmas, and Due Process Forever!⚖️🗽👍🏼

PWS

12-25-20

🤮NO PEACE ON EARTH GOODWILL TOWARD MEN (WOMEN, OR ESPECIALLY CHILDREN) FROM REGIME OF “BAD SANTAS” 🦹🏿‍♂️🎅🏻— Illegally Separated Families Continue To Suffer Irreparable Trauma, 😰 Volunteer Groups 😇🗽⚖️ Left To Pick Up Pieces — A Reminder That Defeated Regime Has Mocked, Disparaged, & Trashed Christ’s Values & Assaulted Humanity Over Four Christmases!🏴‍☠️🤮☠️⚰️👎🏻

Jacob Soboroff
Jacob Soboroff
NBC Correspondent
Jacob Soboroff at the ABC News Democratic Debate
National Constitution Center. Philadelphia, PA.
Creative Commons License

Jacob Soboroff reports for NBC News:

Inside the effort to provide mental health care to migrant families

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Seneca Family of Agencies provides mental health care to migrant families separated by the Trump administration. NBC News’ Jacob Soboroff reports on the obstacles faced by the nonprofit in locating families.

Dec. 22, 2020

Watch Jacob’s report here.

https://www.nbcnews.com/nightly-news/video/inside-the-effort-to-provide-mental-health-care-to-migrant-families-98295877800

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

Jacob and his terrific NBC News colleague Julia Edwards Ainsley have been at the forefront of exposing the irreparable human carnage and lasting trauma caused by the regime’s unlawful, racist, White Nationalist immigration policies (some of which were unconscionably “greenlighted” by an immoral and irresponsible Supremes GOP majority that views themselves and their rotten to the core, inhumane, right-wing ideology as above the needless human suffering they further and encourage).

The “perps” like,”Gonzo” Sessions, Grauleiter Miller, Kirstjen Nielsen, “Big Mac With Lies” McAleenan, Noel Francisco, Rod Rosenstein, et al, walk free while the victims continue to suffer and others, like the Christ-like folks at Seneca Family of Agencies, are left to pick up the pieces! How is this “justice?”  

Our national policies  have truly abandoned Christ’s values of self-sacrifice, mercy, generosity in spirit and deed, courage in the face of oppression, human compassion, justice, and assistance  for the most vulnerable among us under the perverted and immoral “leadership” of a man and his party without humane values or respect for truth who stand for absolutely nothing that is decent in the world.

As Americans suffer and die from the pandemic he mocked, downplayed, and mishandled; unemployed Americans are dissed and shortchanged by his party of underachieving, out of touch fat cats, liars, cowards, and truth deniers; asylum seekers needlessly suffer in squalid camps in Mexico; refugees scorned, unlawfully and immorally abandoned and abused by the world’s richest country face persecution, torture, despair, and death; and non-criminals rot in DHS’s “New American Gulag,” the immoral Grifter-in-Chief lives it up at taxpayer expense for one last Christmas at his Florida resort; fumes about a fair and square election that he lost big time; savors a rash of holiday executions; delays bipartisan COVID relief; ferments treason against our republic; and pardons a wide range of scumbags, felons, war criminals, family members, cronies, fraudsters, and other totally undeserving characters. 

But, there is hope for our world at Christmas: 27 days and counting to the end of the kakistocracy, expulsion of the unqualified con-man and his motley crew of criminals and cronies, and the ascension of a real President and Vice President, Joe Biden and Kamala Harris, to lead us, and perhaps our world, out of the current mess to a kinder, brighter future. That might be the best present of all this Christmas.

Due Process Forever!⚖️🗽👍🏼

PWS🎅🏻🎄😎

12-24-20

🏴‍☠️🤮KAKISTOCRACY WATCH: Another Unqualified Senior Exec “Burrows In” @ EOIR Clown Show🤡! 

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

https://www.justice.gov/eoir/staff-profile/meet-deputy-director

Carl C. Risch

Deputy Director

Carl C. Risch was appointed Deputy Director of the Executive Office for Immigration Review in December 2020. Deputy Director Risch earned a Bachelor of Arts in 1992 from Bloomsburg University, Bloomsburg, Pennsylvania, and a Juris Doctor in 1995 from Dickinson School of Law, Carlisle, Pennsylvania. From 2017 to 2020, he served as Assistant Secretary of State for Consular Affairs, U.S. Department of State (DOS), where he managed the worldwide visa and passport functions for the United States Government. From 2006 to 2017, he served in various positions within the U. S. Citizenship and Immigration Services (USCIS), including the Administrative Appeals Office, the Manila, Philippines, and Seoul, Korea field offices, and in the Office of the Director, where he served as acting Chief of Staff. From 2002 to 2006, he was in private practice. From 1999 to 2002, he served as a Foreign Service Officer with the DOS. From 1995 to 1999, he was in private practice. Deputy Director Risch is a member of the District of Columbia Bar.

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

Notable:

  • No judicial experience;
  • No Immigration Court experience; 
  • No experience in court administration;
  • No known experience advancing or protecting due process rights of individuals in judicial setting;
  • No scholarly reputation that I’m aware of; 
  • Mr. Risch’s main “claim to fame” appears to be that he views visa issuance as primarily a law enforcement function and once (prior to becoming Assistant Secretary of State for Consular Affairs) advocated transferring it to DHS; https://diplopundit.net/2017/07/19/sen-menendez-asks-the-consular-affairs-nominee-the-questions-yall-wanna-ask/
  • The last month of a soundly defeated Administration seems like a rather unusual time to fill this position with a former Trump political appointee.

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

Will the Biden-Harris Administration have the guts and competence to “get out the broom” 🧹and do a “clean sweep” of EOIR Mis-Management in Falls Church? Or will they follow the “all-too-familiar Dem gameplan” of allowing GOP holdovers to undermine their programs and policies? Only time will tell.

But, this time folks who played a key role in the Biden-Harris victory and who expect a firm commitment to social justice and competent government will be watching EOIR closely to see if and when the “Big Top” 🎪 folds up, the Clown Show 🤡 leaves town, and a competently run court system ⚖️ staffed by real judges 🧑🏽‍⚖️👩‍⚖️ with expertise in immigration and human rights and strong reputations for enforcing and promoting due process and fundamental fairness 🗽🇺🇸 takes its place. 

The incoming Administration should not expect to get away with a repeat of the Obama debacle at EOIR! Fix it  or own it!

Due Process Forever!

PWS

12-23-20

THE GIBSON REPORT — 12-21-20 — Compiled by Elizabeth Gibson, Esquire, NY Legal Assistance Group

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

COVID-19

Note: Policies are rapidly changing, so please verify information on the relevant government websites and with colleagues as best you can.

 

EOIR Status Overview & EOIR Court Status Map/List: Hearings in non-detained cases at courts without an announced date are postponed through, and including, January 8, 2021. NYC non-detained remains closed for hearings.

 

USCIS Extends Flexibility for Responding to Agency Requests

USCIS: In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020…This flexibility applies to the above documents if the issuance date listed on the request, notice, or decision is between March 1, 2020, and Jan. 31, 2021, inclusive.

 

Unrelated to COVID-19, the federal government will be closed 12/24/2020 by Executive Order.

 

TOP NEWS

 

More Rules (subject to litigation)

 

Trump has finalized a controversial agreement to deport asylum seekers to El Salvador

Vox: The Asylum Cooperative Agreement, signed in September 2019 with the approval of Salvadoran President Nayib Bukele, is one of three such pacts that the US has made in an effort to discourage regional migration. The other agreements are with Honduras and Guatemala, although only the agreement with Guatemala has gone into effect so far, leading to the deportations of nearly 1,000 Hondurans and Salvadorans.

 

A Once-in-a-Lifetime Chance for Liberian Immigrants Has Been “Hamstrung” by COVID — and Trump’s Dysfunctional Immigration Bureaucracy

ProPublica: Last year, Congress quietly passed a bill allowing thousands of Liberian immigrants to apply for green cards. But the Trump administration hardly made it easy, and now the application window is closing.

 

Immigrant Families Are Being Deported Without Their Asylum Claims Heard Lawfully, Advocates Say

Buzzfeed: On Friday, six families from Guatemala and six families from El Salvador were taken to separate airports to be deported by ICE, said Shalyn Fluharty, an attorney with Proyecto Dilley, which offers legal services to detained families. Some of the families were pulled from the plane at the last minute while asylum officers reviewed their claims, but at least one family was deported.

 

Cuomo Finally Signs Protect Our Courts Act To Stop Courthouse Arrests

Documented: New York Gov. Andrew Cuomo (D) finally signed the Protect Our Courts Act after the New York State Legislature approved it in July. This bill is meant to stop law enforcement from arresting undocumented immigrants at courthouses. Between 2016 and 2018, the U.S. Immigration and Customs Enforcement activity in and around New York courthouses grew from 11 operations to 202 operations.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Court tosses challenge to Trump’s plan to exclude unauthorized immigrants from congressional reapportionment

SCOTUSblog: The Supreme Court on Friday ruled that it was too early to resolve the legality of the Trump administration’s plan to exclude people who are in the country illegally from the state-by-state breakdown used to allocate seats in the House of Representatives. The decision puts at least a temporary end to the litigation challenging the president’s plan. But the ruling, from which the court’s three liberal justices dissented, leaves open the possibility that the challengers could return to court if the Trump administration implements the plan during its final month in office.

 

Practice Alert: USCIS Agrees to Stop Rejecting Applications and Petitions for Blank Spaces as of December 28, 2020

As a result of class action litigation in Vangala v. USCIS challenging USCIS’s “No Blank Space” policy, USCIS has agreed to stop implementing the rejection policy for asylum applications and U visa petitions starting December 28, 2020. AILA provides a practice alert with additional details. AILA Doc. No. 20122100

 

USCIS and ICE Must Give People Access to Their Immigration Files After Losing Lawsuit
AIC: People who need access to their government immigration records scored a huge victory on December 17. A judge ruled that a nationwide class of individuals should have access to their immigration files—called A-Files—within the timeframes outlined by law.

 

BIA Rules on Expert Testimony and Factual Findings

The BIA ruled that expert testimony is evidence, but only an immigration judge makes factual findings, and that when a factual finding is inconsistent with an expert’s opinion, judges should explain the reasons behind the factual findings. Matter of M-A-M-Z-, 28 I&N Dec. 173 (BIA 2020) AILA Doc. No. 20121736

 

CA9 Holds It Lacks Jurisdiction to Review IJs’ Denials of Petitioners’ Motions to Reopen Credible Fear Proceedings

The court dismissed the petitions for review of the IJ’s decisions denying the petitioners’ motions to reopen their credible fear determinations on the basis that IJs lack jurisdiction to reopen credible fear proceedings under 8 CFR §1208.30(g)(2)(iv)(A). (Singh v. Barr, 12/9/20) AILA Doc. No. 20121632

 

CA9 Concludes USCIS Misrepresented the OOH and Failed to Consider Key Evidence in Its Denial of H-1B Petition for Computer Programmer

CA9 concluded that USCIS’s denial of an H-1B petition was arbitrary and capricious because it misrepresented the OOH and failed to consider OOH language providing that a “bachelor’s degree” is the “[t]ypical level of education” for computer programmers. (Innova Solutions v. Baran, 12/16/20) AILA Doc. No. 20121733

 

CA10 Says BIA’s Finding That Petitioner Could Safely Relocate Within Ghana Was Not Supported by Substantial Evidence

The court held that the government had failed to rebut the presumption that the petitioner, a son of the chief of the Challa tribe who had received death threats from members of the rival Atwode tribe, had a well-founded fear of future persecution in Ghana. (Addo v. Barr, 12/14/20) AILA Doc. No. 20121635

 

CA10 Upholds CAT Denial as to Nigerian Petitioner Who Alleged He Was Attacked for His Homosexuality

The court upheld the denial of Convention Against Torture (CAT) relief as to petitioner, who alleged he had been attacked in Nigeria in 2006 because of his homosexuality, finding that the BIA’s adverse credibility determination was supported by substantial evidence. (Igiebor v. Barr, 12/7/20) AILA Doc. No. 20121634

 

CA11 Finds “Egregious Circumstances” Exception Did Not Apply to Release Petitioner from Her Attorney’s Concession of Removability

The court held that petitioner was bound by her attorney’s concession of removability because it was not obviously incorrect and because it was not a product of her attorney’s unreasonable professional judgment or so unfair that it led to an unjust result. (Dos Santos v. Att’y Gen., 12/11/20) AILA Doc. No. 20121636

 

DOS Provides Immigrant Visa Processing Update in Response to Injunction in Young v. Trump

DOS announced that immigrant visa applicants who are named plaintiffs in Young v. Trump should contact the National Visa Center for guidance on scheduling a visa interview, or if they case had previously been scheduled, their nearest embassy or consulate. AILA Doc. No. 20121731

 

USCIS Updates Policy Guidance on Refugee and Asylee Adjustment of Status Interview Criteria and Guidelines

USCIS updated guidance regarding adjustment of status (AOS) interview criteria and guidelines for refugees and asylees. USCIS updated the list of categories of AOS cases in which USCIS may waive the required interview, and updated and clarified interview criteria for asylee and refugee AOS cases. AILA Doc. No. 20121531

 

USCIS Provides Update on Receipt Notice Delays for Forms Filed with USCIS Lockbox

USCIS issued a stakeholder message noting that a significant increase in filings in recent weeks and facility capacity restrictions as a result of the COVID-19 pandemic are causing “significant delays for processing receipt notices” for forms and applications filed with the USCIS Lockbox. AILA Doc. No. 20121534

 

DHS and DOJ Final Rule Barring from Asylum Eligibility Individuals Who Transit Through a Third Country Without Seeking Protection

DHS and DOJ final rule which finalizes, with minor changes, the Interim Final Rule published at 84 FR 33829 on 7/16/19, which barred from asylum eligibility individuals who transit through a third country without seeking protection. The rule is effective 1/19/21. (85 FR 82260, 12/17/20) AILA Doc. No. 20121633

 

EOIR Final Rule Increasing Fees for Filings

EOIR final rule increasing the filing fees for applications, appeals, and motions that are subject to an EOIR-determined fee. The rule is effective 1/19/21. (85 FR 82750, 12/18/20) AILA Doc. No. 20121533

 

EOIR Final Rule on Procedures for Asylum and Withholding of Removal

EOIR final rule making changes to the regulations on asylum and withholding of removal. The final rule adopts the notice of proposed rulemaking published at 85 FR 58692 on 9/23/20 with few changes. The rule is effective 1/15/21. (85 FR 81698, 12/16/20) AILA Doc. No. 20121637

 

EOIR Final Rule on Appellate Procedures and Administrative Closure

EOIR final rule amending the regulations on the processing of immigration appeals, as well as amending the regulations regarding administrative closure. The rule is effective 1/15/21. (85 FR 81588, 12/16/20) AILA Doc. No. 20121130

 

New R&A Forms to be Mandatory

CLINIC: he Executive Office for Immigration Review, or EOIR, has updated the webpage for the Recognition and Accreditation program to indicate that as of Dec. 14, 2020, EOIR will no longer accept previous versions of Forms EOIR-31 and EOIR-31A. The versions dated February 2020 will be required after that date.

 

RESOURCES

 

 

EVENTS

 

 

ImmProf

 

Monday, December 21, 2020

Sunday, December 20, 2020

Saturday, December 19, 2020

Friday, December 18, 2020

Thursday, December 17, 2020

Wednesday, December 16, 2020

Tuesday, December 15, 2020

Monday, December 14, 2020

 

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Documenting the final weeks of the kakistocracy.

PWS

12-23-20

🏴‍☠️KAKISTOCRACY DEATH ⚰️ WATCH: New NDPA Suits Challenge EOIR/DHS Scheme To Implement Grauleiter Miller’s 🤮☠️ Neo-Nazi “Kill Asylum” Regs In Regime’s Final Days! — The Disrespect For The Rule Of Law & Contempt For Humanity Run Deep At Flailing, Failed Agencies!

Dan Kowalski
Dan Kowalski
Online Editor of the LexisNexis Immigration Law Community (ILC)

https://www.lexisnexis.com/legalnewsroom/immigration/b/outsidenews/posts/lawsuits-challenge-massive-end-of-asylum-rule

Dan Kowalski reports from LexisNexis Immigration Community:

Lawsuits Challenge Massive “End of Asylum” Rule

1.  Pangea Legal Services, et al. v. DHS et al. – “[T]he Center for Gender & Refugee Studies, the Harvard Immigration and Refugee Clinical Program, and Sidley Austin LLP filed suit today challenging the mammoth asylum rule in the Northern District of California on behalf of organizational plaintiffs Pangea Legal Services, Dolores Street Community Services, Inc., CLINIC, and CAIR Coalition. The complaint challenges all substantive and procedural merits related issues (it does not challenge the changes to credible fear).” – Blaine Bookey, Legal Director, Center for Gender & Refugee Studies, University of California Hastings College of the Law

2.  Human Rights First v. Wolf – “Human Rights First, alongside counsel at Williams & Connolly, filed a lawsuit challenging the Trump administration’s sweeping new anti-refugee regulation, which will gut protections for those seeking asylum and make it virtually impossible for refugees to secure asylum in the United States.

The lawsuit, filed in the United States federal district court in Washington, D.C., asks the court to intervene and stop the government from enforcing the rule, which is scheduled to take effect on January 11, 2021.

“This rule seeks to end asylum in the United States as we know it. Over the past four years, this administration has employed an array of tools in the hope of dismantling the legal protections Congress provided for refugees and asylum seekers,” said Hardy Vieux, Human Rights First’s senior vice president, legal. “Human Rights First is heading back to federal court to dash that hope. And to affirm that Congress sought to protect people fleeing persecution, not demonize them incessantly, even in the waning days of an administration long consumed with denying protection to those most in need of it. This holiday season, and every season, we shall continue to exalt the rule of law.”

Human Rights First v. Wolf et. al. challenges the Department of Homeland Security and Department of Justice’s rule, rammed through in the waning days of the Trump administration.  The complaint in Human Rights First v. Wolf et. al. can be found here.

Human Rights First, an organizational plaintiff in the suit, argues that the rule violates the Immigration and Nationality Act (INA), the Administrative Procedure Act, international law, and the United States Constitution. In its complaint, Human Rights First argues, “If allowed to stand, the rule will eviscerate the ability of noncitizens fleeing persecution to obtain asylum and related relief in the United States. The United States will instead send refugees back to countries where they face persecution, torture, and possible death—the very outcome Congress expressly designed the INA to avoid.”

The rule, which fundamentally rewrites United States asylum law, will illegally render the majority of asylum seekers ineligible for asylum while tilting every phase of the asylum process in favor of denial and deportation. The rule also upends the procedures for asylum adjudication, further limiting procedural protections for refugees seeking protection in the United States.

The United States government is attempting to make it impossible for our asylum-seeking clients to secure protection. Many of Human Rights First’s clients who have already been granted asylum would, under the rule, be denied protection. One Human Rights First asylum-seeking client stated, “[I]t really disappoints me to learn that the United States, a country [I] have looked up to as a beacon of freedom, is trying to put people like me in harm’s way. I fear for my safety.”

Through this lawsuit, Human Rights First is standing up for the rights of asylum seekers like our clients. Human Rights First’s comments this past summer opposing the draft rule are here.

Human Rights First provides pro bono legal representation for refugees seeking asylum in the United States, in partnership with volunteer lawyers at many of the nation’s leading law firms.  Our refugee clients have fled persecution in Cameroon, China, Cuba, El Salvador, Guatemala, Eritrea, Honduras, Iraq, Nicaragua, Syria, Venezuela, and other countries where their lives and freedom are at risk.’

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

Thanks to all the NDPA heroes involved in this effort!

Hey hey, ho ho, the EOIR Clown Show 🤡🤮 has got to go!

EOIR Clown Show Must Go T-Shirt
“EOIR Clown Show Must Go” T-Shirt Custom Design Concept

Due Process Forever!⚖️🗽🧑🏽‍⚖️👩‍⚖️🇺🇸

PWS

12-22-20

WHY EOIR 🤡 MUST GO ** CH. CI — Latest CLINIC Court Victory Over Regime Exposes Unholy (Not To Mention Unconstitutional & Unethical) Alliance Between EOIR & ICE Enforcement To Screw Kids! — The Bottom Is Unfathomably Deep @ The Deadly EOIR Clown Show🤡! —  “ICE is barred (both at the IJ and BIA levels) from seeking denials of continuances or other postponements to await adjudication of the I-589 filed with USCIS, seeking EOIR exercise of jurisdiction over an asylum claim where USCIS has initial jurisdiction under the terms of the 2013 Kim Memo, or otherwise taking the position that USCIS lacks initial jurisdiction over the class member’s asylum application.”

Michelle Mendez
Michelle Mendez
Defending Vulnerable Populations Director
Catholic Legal Immigration Network, Inc. (“CLINIC”)

Michelle Mendez @ CLINIC reports:

Court Grants Class Certification and Amends Preliminary Injunction in USCIS UC Asylum Jurisdiction Litigation

 

On December 21, 2020, the U.S. District Court in Greenbelt, Maryland granted Plaintiffs’ motion for class certification in J.O.P. v. DHS, No. 19:1944, a lawsuit challenging a May 31, 2019 USCIS policy limiting USCIS asylum jurisdiction over applicants previously determined to be “unaccompanied alien children.” The court certified the following class:

 

“All individuals nationwide who prior to the effective date of a lawfully promulgated policy prospectively altering the policy set forth in the 2013 Kim Memorandum (1) were determined to be an Unaccompanied Alien Child (“UAC”); and (2) who filed an asylum application that was pending with the United States Citizenship and Immigration Services (“USCIS”); and (3) on the date they filed their asylum application with USCIS, were 18 years of age or older, or had a parent or legal guardian in the United States who is available to provide care and physical custody; and (4) for whom USCIS has not adjudicated the individual’s asylum application on the merits.”

 

Simultaneously, the court granted in part Plaintiffs’ motion to amend the nationwide preliminary injunction to prevent USCIS’s deference to EOIR jurisdictional determinations and to prevent ICE’s advocacy against USCIS initial jurisdiction. The court denied Plaintiffs’ request to amend the preliminary injunction to prevent USCIS from rejecting jurisdiction based on its expansion of the “affirmative act” exception from the 2013 Kim Memo, instead granting Plaintiffs 21 days to amend their complaint to encompass this claim. Please see CLINIC’s litigation webpage for the court’s December 21, 2020 memorandum opinion and order, as well as other case-related documents.

 

As amended, the preliminary injunction has the following components:

  • It enjoins USCIS from relying on the 2019 policy for any purpose. USCIS is barred from “rejecting jurisdiction over any asylum application filed by Plaintiffs and members of the class whose applications would have been accepted” under USCIS’s previous policy, articulated in the 2013 Kim Memo.
  • It enjoins USCIS from deferring to EOIR jurisdictional determinations. USCIS is barred from “deferring to EOIR determinations in assessing jurisdiction over asylum applications filed by Plaintiffs and members of the class.”
  • It orders USCIS to retract adverse decisions already made. USCIS must “retract any adverse decision rendered on or after June 30, 2019 that is based in whole or in part on any of the actions enjoined and restrained” as described above.
  • It enjoins ICE from advocating against USCIS initial jurisdiction. Where a class member’s asylum application is pending before USCIS, ICE is barred (both at the IJ and BIA levels) from seeking denials of continuances or other postponements to await adjudication of the I-589 filed with USCIS, seeking EOIR exercise of jurisdiction over an asylum claim where USCIS has initial jurisdiction under the terms of the 2013 Kim Memo, or otherwise taking the position that USCIS lacks initial jurisdiction over the class member’s asylum application.

Counsel for the Plaintiffs will continue to provide updates to practitioners as this litigation progresses. Advocates for clients: (1) who receive adverse decisions dated on or after June 30, 2019 that violate the terms of the amended preliminary injunction; or (2) in whose removal proceedings ICE advocates in violation of the amended preliminary injunction should contact Plaintiffs’ counsel Mary Tanagho Ross, mross@publiccounsel.org, and Kevin DeJong, KDeJong@goodwinlaw.com.

 

Thank you,

 

Michelle N. Mendez | she/her/ella/elle

Director, Defending Vulnerable Populations Program

Catholic Legal Immigration Network, Inc. (CLINIC)

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

Thanks for another “great news” report, Michelle, my friend!

Finally, at long last, some Article III judges are “calling out” the highly unethical and glaringly unconstitutional “partnership” between ICE enforcement and EOIR to screw asylum seeking kids.

The EOIR White Nationalist agenda 🏴‍☠️ of limiting legitimate continuances and administrative closing to mindlessly, improperly, and inefficiently proceed in Immigration Court on matters that should be resolved through USCIS adjudication is not only thoroughly corrupt, but also totally counterproductive, as uncontrollably mounting EOIR backlogs and increasing Article III Court interventions have shown.

And, the completely unconstitutional and unethical call early on by corrupt former AG Jeff “Gonzo Apocalypto” Sessions 🤮 for “his wholly owned EOIR judges” to join their “ICE enforcement partners” in racist immigrant bashing initiatives should long ago have been a basis for the Article IIIs to declare this entire ungodly mess in the Immigration Courts to be unconstitutional under the 5th and 14th Amendments.

Thanks to you and other members of the NDPA, Michelle, for all you have done and continue to do to expose corruption, illegality, and wrongdoing in the regime’s sprawling, out of control, immigration kakistocracy! Now, we need you and other members of the NDPA like you on the Federal Bench to short circuit all the BS and get sane, legal, humane policies and “best interpretations and practices” in place “from the git go” and then enforce them on recalcitrant bureaucrats.

Racial Justice in America is, as it must be, one of the top Biden-Harris priorities! 🇺🇸 It can only be achieved if the White Nationalist mess at EOIR and ICE is cleaned up and replaced with experts committed to due process, fundamental fairness, and human rights in charge! There must be new, dynamic, and courageous leadership committed to controlling and reforming the actions of civil servants throughout government who furthered Stephen Miller’s vile racist agenda unlawfully and immorally targeting immigrants of color, their families, and their communities. “Injustice anywhere is a threat to justice everywhere” (MLK, Jr.).

Time for the NDPA ⚖️🗽🧑🏽‍⚖️👩‍⚖️ to replace the EOIR Clown Show🤡!

Due Process Forever!

PWS

12-22-20

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 ⚰️!

EYORE
“Eyore In Distress”
Once A Symbol of Fairness, Due Process, & Best Practices, Now Gone “Belly Up”
Star Chamber Justice
“Justice”
Star Chamber
Style
Four Horsemen
BIA Asylum Panel In Action
Albrecht Dürer, Public domain, via Wikimedia Commons

Transactional Records Access Clearinghouse

Immigration Court Case Completion Times Jump as Delays Lengthen

FOR IMMEDIATE RELEASE

Not surprisingly, Immigration Court closures and delays in hearings for courts that are conducting hearings have drastically reduced the number of completed cases for the first two months of this fiscal year as compared with prior years at the same time.

New cases continue to drastically outpace case completions. In October and November 2020, the Immigration Courts received 29,758 new filings. This is fewer filings than usual, but still almost twice the 15,990 cases they completed.

As a result, the court’s active backlog at the end of November 2020 reached 1,281,586. This is up 18,821 cases in just the last two months. Adding to the court’s workload are not only new filings, but previously closed cases that have been reopened, remanded for reconsideration, or otherwise placed back on the court’s docket.

Disposition times for closed cases have also shot up this year. Cases disposed of in FY 2020 took on average 460 days. During the first two months of FY 2021, the courts disposed of a much smaller number of cases, but the disposition times were much longer at an average of 755 days—or 64 percent longer. The longest disposition times were found in the Cleveland Immigration Court where it took on average 1,617 days.

For the latest disposition times at each Immigration Court read the full report at:

https://trac.syr.edu/immigration/reports/634/

To examine a variety of Immigration Court data, including asylum data, the backlog, MPP, and more now updated through November 2020, use TRAC’s Immigration Court tools here:

https://trac.syr.edu/imm/tools/

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

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

Follow us on Twitter at:

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or like us on Facebook:

https://facebook.com/tracreports

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

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

David Burnham and Susan B. Long, co-directors 

Transactional Records Access Clearinghouse 

Syracuse University 

Suite 360, Newhouse II 

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315-443-3563 

trac@syr.edu 

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The Transactional Records Access Clearinghouse is a nonpartisan joint research center of the Whitman School of Management (https://whitman.syr.edu) and the Newhouse School of Public Communications (https://newhouse.syr.edu) at Syracuse University. If you know someone who would like to sign up to receive occasional email announcements and press releases, they may go to https://trac.syr.edu and click on the E-mail Alerts link at the bottom of the page. If you do not wish to receive future email announcements and wish to be removed from our list, please send an email to trac@syr.edu with REMOVE as the subject.

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

As mom used to say, “Haste makes waste.” Taking more time to decide cases would be perfectly defensible if it actually produced useful deliberation, thoughtful scholarship, and just and fair results. But, this currently is a system that must limit its intake while it develops the expertise, scholarship, analytical skills, quality control mechanisms, and best practices necessary for judicial efficiency that complies with due process and fundamental fairness (not to mention basic asylum law). That’s a “complete rebuild.”

Then, once that system is running well, it could be methodically and rationally expanded, if actually necessary. But, aimlessly building more assembly lines producing defective products and then ratcheting up the speed will, not surprisingly, produce nothing except more dangerous and defective  products.

Not exactly rocket science that a bunch of hacks implementing racist policies, trying to speed up the assembly line, engaging in “Aimless Docket Reshuffling,” eradicating due process, discouraging fairness and deliberation, eliminating their own jurisdiction to control the dockets, and denying everything while mindlessly throwing more resources into a broken beyond belief “(non)system” at war with its own essential employees and those whom it (dis)serves would produce total chaos and dysfunction. Also, throw in lack of best technology and overt disregard for public health and safety.

And, while this is going on, an undisciplined, out of control, and for all practical purposes worse than useless ICE continues to pour new cases into the maelstrom at twice the rate it can get turn them out! As the late NY Met’s Manager Casey Stengel once said, “Can’t anyone here play this game?”

This is an ongoing and increasingly visible unmitigated national disgrace. It’s also an abuse of public funds and a betrayal of the public trust — fundamentals of sound government.

And, it won’t be “swept under the table” in the finest tradition of incoming Administrations. As I’ve said before, the Biden-Harris Administration either fixes EOIR🤡 immediately with some new faces with real expertise, or it “owns” it. And, the current White Nationalism infested atrocity and den of “malicious incompetence” at EOIR🤡 is not something an Administration striving to achieve equal justice and racial reconciliation should want to own!

Due Process Forever!

Hey hey, ho ho, the EOIR Clown Show 🤡 has got to go!

EOIR Clown Show Must Go T-Shirt
“EOIR Clown Show Must Go” T-Shirt Custom Design Concept

PWS

12-22-20

AS ANOTHER BIASED BIA PRECEDENT BITES THE DUST, THE QUESTIONS ARE: 1) WILL THE BIA DELIVER ITS CUSTOMARY “MIDDLE FINGER” TO THE CIRCUITS; 2) WILL THE CIRCUITS FINALLY HOLD THE BIA ACCOUNTABLE FOR CONTEMPTUOUS CONDUCT; & 3) WILL THE BIDEN ADMINISTRATION REPLACE THE DEADLY BIA “CLOWN SHOW” 🤡☠️ WITH REAL JUDGES?

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

https://cliniclegal.org/resources/asylum-and-refugee-law/practice-alert-ninth-circuit-vacates-matter-e-r-l

Here’s the CLINIC “practice advisory” on the vacating of Matter of E-R-A-L-, 27 I&N Dec. 767 (BIA 2020)

Practice Alert

On December 10, 2020, the Ninth Circuit issued an order vacating the decision of the Board of Immigration Appeals in Matter of E-R-A-L-, 27 I&N Dec. 767 (BIA 2020). Albizures-Lopez v. Barr, No. 20-70640, 2020 WL 7406164, 2020 U.S. App. LEXIS 38725 (9th Cir. Dec. 10, 2020). In E- R-A-L-, the asylum applicant was targeted by a drug cartel because his family owned a farm in Guatemala. The Board’s now-vacated published decision rejected his family and landowner-based particular social groups, as well as making errors relating to the nexus analysis for asylum and withholding of removal.

Practitioners should note that the Ninth Circuit specifically vacated E-R-A-L- itself, meaning that the Board’s decision has no effect anywhere in the United States. See Harmon v. Thornburgh, 878 F.2d 484, 495 n.21 (D.C. Cir. 1989) (“When a reviewing court determines that agency regulations are unlawful, the ordinary result is that the rules are vacated—not that their application to the individual petitioners is proscribed.”) Practitioners should argue to Immigration Judges that E-R-A-L- is no longer binding precedent, making it easier to prove the cognizability of landowner-based particular social groups. If an Immigration Judge already denied a landowner case, and the appeal is pending before the Board, practitioners should argue that the case should be remanded in light of E-R-A-L-ʼs vacatur.

Practitioners confronting issues with an adjudicator’s implementation of the Ninth Circuit’s decision are encouraged to contact counsel for E-R-A-L-, Bradley Jenkins (bjenkins@cliniclegal.org) and Shane Ellison (ellison@law.duke.edu).

Catholic Legal Immigration Network, Inc. | cliniclegal.org | Updated December 2020

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

Congrats to Brad, Shane, and the rest of the CLINIC team.

This is certainly the right approach. But, in the past, the BIA has routinely “blown off” claims that reversal and vacation by a “mere Circuit Court” affects the “precedential  value” of the decision outside that Circuit. https://illinoislawreview.org/wp-content/uploads/2020/07/Sheffy.pdf#:~:text=A%20vacated%20BIA%20precedential%20decision%20is%20thus%20only,to%20contra-%20dict%20long-held%20notions%20of%20fairness%2C%20consistency%2C

That “in your face Article IIIs” position by the BIA is remarkable. But even more remarkable has been the feckless Article IIIs’ failure to challenge this disrespect for their functions.

You don’t even have to be a lawyer to understand that a vacated and/or reversed decision is no decision at all. Since it no longer represents the correct resolution of an actual dispute, it pertains to no live “case.” It’s simply part of the historical record of that case, having no force and effect. Continuing to treat it as “precedent” is essentially issuing an illegal advisory opinion, untethered to any actual case or controversy.

Sure, I understand the concept of “Circuit splits,” better than most, having dealt with the legal and practical aspects of them for nearly half a century. But, no reversed precedent should be effective anywhere unless and until the BIA revisits the issue in another Circuit with a precedent fully considering the reasons why the “naysaying Circuit” found their original precedent wrong, whether that Circuit’s interpretation should be adopted nationwide, and, if not, cogently explaining why they have chosen to disregard the Circuit’s views. And, it should be the BIA’s actual, independent evaluation, not a result that they are explicitly or implicitly “told” to issue by OIL, the Solicitor General, the Attorney General, the Director, or any other DOJ official.

So, whether E-R-A-L- continues to have precedential effect outside the 9th Circuit probably ultimately depends on if and when the Biden Administration replaces this BIA with better judges and whether we finally get a better qualified Attorney General, committed to due process, human rights, and human decency, willing to let the “new BIA” function independently. 

On the merits, E-R-A-L- was a ham-handed attempt by the BIA to abrogate its seminal Acosta precedent which correctly recognized “land ownership” as a proper “fundamental characteristic” and therefore a recognizable ”particular social group.” As I often have observed, the BIA’s subsequent absurdist, ahistorical approach in E-R-A-L- would come as a surprise to millions of dead kulaks liquidated by Stalin’s purges and countless others subjected to persecution throughout history based on property ownership, one of the most clearly recognized “particular,” “socially visible,” and “fundamental” characteristics in human existence. 

One wouldn’t exactly have to be a “Rhodes Scholar” to recognize the ridiculous, overtly politicized, intentional misinterpretation of asylum law that springs from the pages of the BIA’s atrociously erroneous decision in E-R-A-L-.

But, it’s hardly surprising, given the disrespect for immigration and human rights expertise in judicial selection at all levels of EOIR and the resulting failure to produce anything close to a fair, representative judiciary that is capable of understanding asylum law in context and appreciating the impact of their decisions on the human lives and communities they most affect. There is also a conspicuous absence of deliberation or dissent among today’s politically accommodating, “go along to get along” BIA “judges.”

What’s the purpose of a supposed “deliberative body” that neither transparently deliberates nor gets the correct answers on basic legal questions; a body incapable of protecting the constitutional and statutory rights, not to mention the lives, of individuals seeking justice?

To some, the BIA might (wrongly) be considered “obscure.” But, there is nothing “obscure” about the real human beings whose existence is threatened or eradicated by the BIA’s malfeasance and dereliction of duty!

The EOIR Clown Show 🤡 must go!

Due Process Forever!

PWS

12-22-20

 

🏴‍☠️☠️🤮👎🏻IN NYT OP-ED, FORMER TRUMP DOJ ATTORNEY ERICA NEWLAND ADMITS COMPLICITY! — Having Undermined Democratic Institutions, Sold False Narratives To (Too Often Willing) Federal Judges, & Participated In Racist-Inspired “Dred Scottification” (“Dehumanization”) Of the Other Is Actually a BIG Deal! — So Is The Destruction Of Due Process & Fundamental Fairness In The Immigration Courts (Now, “Clown Courts”🤡, or “America’s Star Chambers”☠️) 

Erica Newland
Erica Newland
Former DOJ Attorney
Photo source: lawfareblog.com

https://www.nytimes.com/2020/12/20/opinion/trump-justice-department-lawyer.html?referringSource=articleShare

. . . .

Watching the Trump campaign’s attacks on the election results, I now see what might have happened if, rather than nip and tuck the Trump agenda, responsible Justice Department attorneys had collectively — ethically, lawfully — refused to participate in President Trump’s systematic attacks on our democracy from the beginning. The attacks would have failed.

. . . .

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

Read the full op-ed at the link. That’s right Erica. Lack of ethics, morality, and failing to uphold the Constitution and the rule of law have consequences. Helping to “custom design” obvious pretexts for racist and hate inspired policies, for consumption by right-wing judges who only seek “cover” for going along  to get along with fascism, is wrong. Duh!

It’s no surprise that the clearly unconstitutional and racially and religiously bigoted “Travel Ban,” willingly embraced by an intellectually dishonest and morally compromised Supremes majority, was first on the list in Erica’s “confession.” 

But, don’t expect any apologies from the vast majority of Trumpist lawyer/enablers who violated their oaths of office or from the big time law firms (one where I was formerly a partner) who have granted them undeserved refuge at fat salaries! Nor should we expect large-scale redemption from the legions of Government lawyers in DOJ, DHS, and elsewhere who will assert the “Nuremberg defense” of “just following orders.”  But, that doesn’t mean that the rest of us can’t demand some accountability for participation in  what are essentially “crimes against humanity.” 

Erica’s article largely echoes what my friend and colleague Judge Jeffrey Chase, many of our colleagues in the Round Table of Former Immigration Judges, ⚔️🛡 and numerous members of the New Due Process Army (“NDPA”) have been saying throughout this Administration. Indeed, I frequently have noted that the once-respected Solicitor General’s Office and EOIR operated as basically “ethics free zones” under the disgraced “leadership” of Sessions, Whitaker, and Barr.

It’s also why the the Biden-Harris team that takes over at DOJ must: 

  1. immediately remove all the current “executives” (and I use that term lightly) at EOIR as well as all members of the BIA and transfer them to positions where they can do no further damage to asylum seekers, migrants, their (often pro bono or low bono) lawyers, or the rest of humanity; 
  2. replace them with qualified individuals from the NDPA; and 
  3. be circumspect in eventually making retention decisions for Immigration Judges, taking into account public input as to the the degree to which each such judge’s jurisprudence during the Trump kakistocracy continued to reflect adherence to constitutionally required due process and fundamental fairness to migrants, respect for migrants and their representatives, best practices, and interpretations that blunted wherever reasonably possible the impact of the kakistocracy’s xenophobic, racist, White Nationalist policies. 

American justice has been ill-served by the DOJ and the Immigration Courts over the past four years. That’s something that must not be swept under the carpet (as is the habit with most incoming Administrations). 

The career Civil Service overall, and particularly complicit and often ethics-free government lawyers,  failed to put up the necessary resistance to an overtly anti-American regime with an illegal and immoral agenda. Lives were lost or irreparably ruined as a result. That’s a big-time problem that if not addressed and resolved will likely make continuance of our national democratic republic impossible.

⚖️🗽🧑🏽‍⚖️👍🏼🇺🇸Due Process Forever! Complicity Never☠️🤮🏴‍☠️👎🏻!

PWS

12-21-20

EOIR Clown Show Must Go T-Shirt
“EOIR Clown Show Must Go” T-Shirt Custom Design Concept

   

🏴‍☠️👎🏻WITH KAKISTOCRACY HEADING INTO FINAL MONTH, BIA CONTINUES TO ISSUE NEGATIVE GUIDANCE ON EXPERT TESTIMONY — Matter of M-A-M-Z-, 28 I&N Dec. 173 (BIA 2020)

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

The Board of Immigration Appeals has issued a decision in Matter of M-A-M-Z-, 28 I&N Dec. 173 (BIA 2020).

 

(1) Expert testimony is evidence, but only an Immigration Judge makes factual findings.

(2) When the Immigration Judge makes a factual finding that is not consistent with an expert’s opinion, it is important, as the Immigration Judge did here, to explain the reasons behind the factual findings.

PANEL: MULLANE, CREPPY, and LIEBOWITZ, Appellate Immigration Judges

OPINION BY: Judge MULLANE

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

So, with the overt politicization and precipitous decline in reliability of DOS Country Reports, expert opinions have become of increasing importance in asylum cases. And, the are many great experts and groups providing alternatives to the skewed DOS reports these days.

So, what’s really needed in NOT more encouragement for IJs, many of whom lack real asylum expertise, to find ways to downgrade or dismiss experts. What is essential, is new guidance: 1) honestly recognizing that this Administration’s anti-asylum and inappropriate ideological agendas have undermined the credibility of DOS reports; and 2) describing ways in which IJs should be using alternatives, like expert testimony and reports, to support grants of protection to applicants who need and deserve them. 

Credible applicants are supposed to be given the benefit of the doubt. Today’s EOIR has “made mincemeat” of that principle.

It is time to rethink the evidence so often submitted and relied upon in asylum claims, to dial back the corroboration demands, and to return to a core principle of refugee law – the need to afford asylum seekers the benefit of the doubt. We need a better way to establish asylum eligibility and challenge stereotypes.

https://clinics.law.harvard.edu/blog/2020/07/refugee-eligibility-challenging-stereotypes-and-reviving-the-benefit-of-the-doubt/

Appropriate guidance is not going to happen until the present BIA is replaced by real appellate judges who are experts on asylum law, due precess, fundamental fairness,and who have experience representing asylum seekers in the real world. Hopefully, that long overdue day, is within sight: “Hey hey, ho, the EOIR Clown Show has got to go!

Due Process Forever!

PWS

12-20-20

EOIR Clown Show Must Go T-Shirt
“EOIR Clown Show Must Go” T-Shirt Custom Design Concept

🎅🏻🎄A BARR CHRISTMAS: “Billy the Bigot” Leaves Behind Legacy of Holiday Killings⚰️, Pepper Spray🤮, Sleazy Pardons👎🏻, & Other Acts Of “Christian Charity”

 

Alexandra Petri
Alexandra Petri
Columnist
Washington Post
Photo: Scott Bradley, Tedx Baltimore, Creative Commons License

https://www.washingtonpost.com/opinions/2020/12/15/bill-barrs-christmas-resignation-is-worst-holiday-movie-ive-ever-seen/

Alexandra Petri @ WashPost:

“Bill Barr’s Christmas Resignation” is one of the worst pieces of holiday content I have ever consumed! A letdown on every level. First, the title is not a pun. Second, the ending comes out of nowhere.

This story of a deceptively affable-seeming attorney general and how he decides to leave the Trump administration for good to spend the holidays with his family at first seems like it’s going to be standard Christmas fare. A 70-year-old man overly devoted to his occupation who feels no guilt about any of his past deeds and seems deficient in sympathy for his fellow man — what could possibly be a more classic Christmas movie setup? That is why what followed was so disappointing and jarring.

We open with Bill in his office, merrily redacting away at some document that probably should not have been redacted. He is visited by a malicious-looking elf who has messages for him. (Correction: I totally misread what was going on; this was actually senior presidential adviser Jared Kushner. I regret the error.)

We see a picture on Bill’s desk of his boss, Donald Trump, and he keeps going on and on about how excited he is to enact Donald Trump’s agenda. We also learn about all the executions he has scheduled after reinstating the death penalty for federal crimes. This seems incredibly brutal and dark but does establish a character who is going to grow a lot and learn he needs to change his ways.

He leaves the office and drives home past several signs expressing negative sentiments about Donald Trump. He passes Lafayette Square and remembers giving the go-ahead to fire pepper balls at peaceful protesters. He smiles his affable smile. Lights reflect off the window of his secure vehicle. A holiday song plays.

[Alexandra Petri: The 100 worst Christmas songs, ranked]

At this point you, the viewer, glance at your watch. This has been a lot of setup, you think. But it’s called “Bill Barr’s Christmas Resignation”! It ends with him leaving his job as the head of the Justice Department to be with his family. He wouldn’t just do that randomly, would he? There’s got to be an inciting incident of some kind. Perhaps when the clock strikes midnight he will be switched with his secret twin and forced to replicate the White House in fondant for a baking contest. Maybe he will get a call from the head of what claims to be a little-known European country — a perfect call, asking him to spend his holiday season there.

He arrives home and flicks on the TV, where he can see several sinister cronies of Donald Trump (whom he has personally allowed to avoid the consequences of their actions) roaming freely around the city inciting mobs of Proud Boys and even urging their followers to call for martial law. And then he goes to bed and — sleeps peacefully, on a MyPillow.

At this point a commercial for MyPillow came on — the whole thing was sponsored by MyPillow — and I quickly checked to make sure I was watching the right thing, because we were halfway through “Bill Barr’s Christmas Resignation” and he was still going about his life like he didn’t think he’d done anything wrong or needed to change his ways at all. He hadn’t even been assigned to a project he didn’t want to work on with a co-worker who loved Christmas a little too much.

After the commercial, we see Bill is having a dream. It seemed as though this would be when things turned around. In the dream, he walks through a populous city. He sees Want and Ignorance and gives them a thumbs-up. He sees his own tombstone with “Servant of Donald Trump” on it and smiles cheerily at it. He sees a little girl lighting match after match to keep herself warm and — adds the city to his list of Anarchist Jurisdictions.

. . . .

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

Read the rest Alexandra’s “Christmas Carol” at the link.

And, what about all the traumatized kids, abused refugee women, and killed or suffering asylum seekers? What’s their “holiday” going to be like as the result of the immoral and often illegal actions one of the most most egregious “faux Christians” in recent history?

Good riddance!

Due Process Forever!

PWS

12-19-20

 

 

🏴‍☠️KAKISTOCRACY SLAMMED: FEDERAL COURT BLASTS REGIME’S INTENTIONAL, ILLEGAL UNDERMINING OF DUE PROCESS IN IMMIGRATION COURT — ORDERS IMMEDIATE CHANGE! — Regime’s “delay in processing A-File FOIA requests . . . . undermines the fairness of immigration proceedings, particularly for the vast number of noncitizens who navigate our immigration system without assistance of counsel.”

Mary Kenney, Deputy Director, National Immigration Litigation Alliance (“NILA”) writes:

Hello all –

 

NILA, NWIRP, AIC and the Law Offices of Stacy Tolchin are thrilled to announce that the district court just granted declaratory and injunctive relief in our nationwide class challenge to A-File FOIA delays, Nightingale v. USCIS. The court orders:

  • Declaratory relief due to Defendants DHS, USCIS and ICE’s pattern or practice of failing to make timely A-File FOIA determinations;
  • Injunctive relief permanently enjoining Defendants from further failing to adhere to the statutory deadlines for A-File FOIA requests;
  • That Defendants to make determinations on all backlogged FOIA requests within 60 days; and
  • That Defendants submit quarterly compliance reports to the Court and class counsel going forward.

 

Here are some great findings from the Court:

  • Defendants’ “delay in processing A-File FOIA requests . . . . undermines the fairness of immigration proceedings, particularly for the vast number of noncitizens who navigate our immigration system without assistance of counsel.”
  • “A comprehensive remedy is needed and is long overdue.”
  • “[S]ince 2017 these defendants have employed aggressive immigration enforcement policies that made an increasing [A-File FOIA]workload predictable and expected. The unfortunate reality is that FOIA is the only realistic mechanism through which noncitizens can obtain A-Files. Given the critical importance of the information in A-Files to removal defense and legalizing status, it is not at all surprising that the number of A-File FOIA requests have increased along with this increase in immigration enforcement.”
  • “USCIS also complains that it recently tried to increase its fees through a new regulation that could have added more resources to its FOIA budget, but that effort is currently preliminary enjoined in this District. . . . . This argument is particularly troubling as it insinuates that FOIA processing is entirely dependent on the fees paid by the very people who are harmed by the defendants’ delays.

 

A copy of the decision is available here.

 

Mary Kenney

National Immigration Litigation Alliance

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

Congrats to Mary and everyone else involved in this extraordinary “team effort” to hold the immigration bureaucracy (now “kakistocracy”) accountable after years of unacceptable and illegal conduct which has directly undermined the rule of law and immigrants’ rights!

So, let’s summarize the absurdity, and not let the “malicious incompetents” at EOIR off the hook, either:

  • With well over 1 million backlogged cases, many pending for years, EOIR chooses to “expedite and prioritize” “not quite ready for prime time” recent cases, without giving the private parties adequate time to prepare, or even get lawyers in many cases;
  • In “cahoots” with DHS, EOIR insures that cases will be scheduled without regard to the delays in getting the necessary file material from DHS via FOIA requests;
  • EOIR fails to impose reasonable discovery rules on DHS, nor do they insist, as any ”real” court would, that no case will be scheduled for a merits hearing until DHS complies with respondents’ reasonable requests for file materials;
  • USCIS, once a “self-funding agency,” improperly diverts resources to bogus racist inspired, enforcement activities;
  • As a result of this gross mismanagement, USCIS falsely claims “bankruptcy,” and illegally tries to increase FOIA fees, a move properly blocked by Federal Courts;
  • USCIS then falsely blames respondents for the discovery delays caused by its own misappropriation of resources and racist policies.

The solution: The Biden Administration must immediately oust the White Nationalist kakistocracy ☠️  at DHS and EOIR and replace it with competent experts from the NDPA who will restore order, rationality, professionalism, efficiency, and integrity to a dysfunctional system that has undermined the public interest and common good.

 

It’s not rocket science! Just competence, morality, and humanity.

Congrats to my friend Zachary Nightingale, Partner at Van Der Hout LLP, in San Francisco, who was the “lead named plaintiff” in this “sure to be famous” case. The “Nightingale rule” and “getting the Nightingales” are likely to become synonymous with what passes for “discovery” in Immigration Court, at least until we get Article 1.

Job Opportunity: Clock Repair Technicians Wanted. Start Date: January 21, 2021. Location: DHS & EOIR. Duties: Fix broken “asylum work authorization clock 🕰” to account for reality that most major delays in completing asylum hearings consistent with due process are caused by the Government’s incompetence, elevation of racist enforcement initiatives over due process and fundamental fairness, and “Aimless Docket Reshuffling,” NOT by asylum applicants and their (often pro bono or “low bono”) representatives. Draft legislation to repeal this irrational, unnecessary, and counterproductive statute.

Due Process Forever!

PWS

12-18-20

⚖️BC PROFESSOR KARI HONG’S BIG WIN IN 10TH CIRCUIT HIGHLIGHTS YET ANOTHER FAILURE OF BASIC ASYLUM ANALYSIS BY EOIR JUDGES! — This Time They Failed To Follow The Rules On “Reasonably Available Internal Relocation!” — ADDO v. BARR — “[B]ecause the purpose of the relocation rule is not to require an applicant to stay one step ahead of persecution in the proposed area, th[e] [new] location must present circumstances that are substantially better than those giving rise to a well-founded fear of persecution on the basis of the original claim.”

 

Professor Kari Hong
Professor Kari Hong
Boston College Law
Photo: BC Law Website

Addo Opinion

Addo v. Barr, 10th Cir., 12-14-20, published

PANEL: HARTZ, PHILLIPS, and CARSON, Circuit Judges.

OPINION BY: Judge HARTZ 

KEY QUOTE:

On this record we think it was unreasonable for the BIA and the IJ to decide that the government successfully rebutted the presumption that Petitioner has a well-founded fear of future persecution in Ghana. Their finding that Petitioner could safely relocate within Ghana is not supported by substantial evidence. See Arboleda v. U.S. Atty. Gen., 434 F.3d 1220, 1226 (11th Cir. 2006) (concluding that relocation “would not successfully shield [an asylum applicant from] persecution” because, although the applicant “relocated from his farm . . . to the capital city,” “the [persecutors] continued to threaten [the applicant] and his family . . . , [including through] frequent notes and telephone calls detailing the family’s activities and threatening them with death,” and by “burning down [the applicant’s] farm house”).

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

Yet another in the steady stream of documented failures of basic asylum analysis — the X’s and O’s — by a supposedly “expert” tribunal that is anything but!  

This decision would be an outstanding “teaching tool” for instructing Immigration Judges on the proper analysis of a “reasonably available internal alternative.” The word “reasonable” is often “read out” of the analysis by EOIR judges in their rush to find “any reason to deny” claims to please their nativist political handlers. 

In my more than two decades of experience at both the trial and appellate levels of the Immigration Judiciary, I observed that it is very difficult for DHS to properly rebut the presumption of future persecution by showing “that there is a specific area of the country where the risk of persecution to the respondent falls below the well-founded fear level,” as accurately described by the 10th Circuit. Indeed, it appears that many EOIR Judges lack the skills and training necessary to grant asylum with cogent analysis that would cut off many of the semi-frivolous appeals that ICE now takes. This is truly a “judiciary in shambles” under current  grossly defective leadership.

I daresay that if all Immigration Judges held the DHS to their legal burden under this standard, the presumption would seldom be rebutted, in either asylum or withholding cases. But, the lack of real asylum expertise at today’s “dumbed down” EOIR and the clear “any reason to deny and deport” message sent by corrupt regime politicos to “their captive judiciary” undoubtedly results in numerous miscarriages of justice and wrongful removals. 

Note that the respondent in this case was actually removed pending appeal! Had the case been handled properly in June 2017, the respondent would have been granted asylum, be a green card holder, and on his way to achieving citizenship. Instead, Professor Hong has to hope that she can get him back to the U.S. while he’s still alive!

The costs of EOIR’s deficient “judging” and unethical “weaponization” go far beyond what meets the eye. Someday, historians and sociologists will uncover and document the true human and moral costs of this disgraceful period in American history when we let grossly unqualified and immoral leaders and their accomplices lead us down the path to inhumanity and the abuse of the rule of law. 

Unnecessary escapades like this, where cases that should be granted at “first instance review” instead linger in the system, moving from level to level and back again, for years, without proper resolution, make it easy to understand why EOIR builds “artificial backlog” while failing to provide basic justice.  It also shows why the solution is “better judges” at EOIR and more prosecutorial discipline at ICE, rather than just shoving yet more additional judges into a broken, dysfunctional, and intentionally inefficient system that has been run into the ground by “malicious incompetents” over the past four years. NDPA expertise at EOIR and DHS are the answers!

Perhaps the “new EOIR” should hire Professor Hong to provide some real expert training on asylum law. Or, better yet, appoint her to an Appellate Judgeship at the BIA where she can lead a “renaissance of competence” in due process and fair asylum adjudication at EOIR and “teach by example!”

Or, even better, given her outstanding credentials, practical litigation experience, scholarship, courage, and proven leadership, appoint her to an Article III Judgeship where she can help improve the performance of the entire Federal Judiciary on what is one of the key issues in the fight to achieve social justice for all in America.

We need some new faces and better “practical scholarship” at ALL levels of the Federal Judiciary, from the “retail level” of the Immigration Courts to the Supremes. Better Judges for a Better America for all! Biden-Harris Administration take note!

Thanks, Professor Hong to you and your dedicated  “crew” @ BC Law for all you do for the NDPA and for American Justice! You are making a difference!

In addition to Professor Hong’s stellar efforts, I am also reminded by my good friend, and another NDPA Superstar 🌟 Michelle Mendez @ CLINIC, of the key “behind the scenes” role played by the CLINIC BIA Pro Bono Project . Brad Jenkins and Rachel Naggar helped Professor Hong prepare for oral argument. (In the “small world” category, Brad did a “textbook presentation” of an asylum case before me in Arlington while he was serving as an Accredited Representative and a fellow at CAIR. I only found out later that he was a “ringer” on his way to Harvard Law and a distinguished career in social justice!) Additionally, Tania Linares Garcia (from NIJC) was part of the “team of experts” advising Professor Hong.

This is just another example of the great teamwork and mutural support that is the hallmark of the NDPA and the pro bono immigration/human rights community.  As those who have had me for a teacher at Georgetown Law or have heard me speak know, I always “preach five things:” fairness, scholarship, timeliness, respect, and teamwork. Those were once “what EOIR was suppposed to be about” before the precipitous decline and total loss of values.

But, if the Biden-Harris Team takes bold and decisive action to eliminate the current kakistrocracy and replace it with “NDPA pros,” the vision of “through teamwork and innovation becoming the world’s best tribunals guaranteeing fairness and due process for all” can become a reality!  Things don’t have to be the way they are now at EOIR!

Due Process Forever!⚖️🗽😄

PWS

12-17-20

KAKISTOCRACY WATCH: ANOTHER RAT 🐀 FLEES THE SINKING SHIP🆘: Billy The Bigot Jumps Ship Before Captain Queeg 🤯Can Fire Him!

Barr Departs
Lowering The Barr by Randall Enos, Easton, CT
Republished By License

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

Good riddance, although too late for the lives and futures of many of his victims!☠️⚰️👎🏻🐀🤮

Due Process Forever!

PWS

12-16-20

THE GIBSON REPORT — 12-14-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Dumbing Down EOIR 👎🏻🤯 — How America’s Immigration Courts Became “Amateur Night At The Bijou” 🤹 With Humanity At Stake & Other Horror Stories ☠️ From The Dying ⚰️ Kakistocracy!

EYORE
“Eyore In Distress”
Once A Symbol of Fairness, Due Process, & Best Practices, Now Gone “Belly Up”
Star Chamber Justice
“Justice”
Star Chamber
Style
Kangaroos
BIA Members In Training Session
https://www.flickr.com/photos/rasputin243/
Creative Commons License
Elizabeth Gibson
Elizabeth Gibson
Attorney, NY Legal Assistance Group
Publisher of “The Gibson Report”

COVID-19

Note: Policies are rapidly changing, so please verify information on the relevant government websites and with colleagues as best you can.

 

EOIR Status Overview & EOIR Court Status Map/List: Hearings in non-detained cases at courts without an announced date are postponed through, and including, January 1, 2020 (This is the date announced last week. It is unclear whether there will be an update this week, since a longer-than-usual postponement was announced last week, likely in light of the holidays). NYC non-detained remains closed for hearings.

 

TOP NEWS

 

Trump Administration Enacts Rule Gutting Protection for Refugees and Asylum Seekers

HRW: In the waning days of the current administration, the Trump U.S. Departments of Homeland Security and Justice have rammed through a sweeping final rule, set to go into effect on January 11, 2021, that guts what remains of protection for refugees seeking asylum in the United States…Under the rule, the Trump administration is likely to, among many other harmful actions: Deny asylum to refugees who improperly entered the United States…Deny asylum to a woman who is harmed for gender-based violence…Deny asylum to LGBTQ refugees… Redefine persecution…Redefine “political opinion”… increasing the complexity of credible fear screenings… new grounds for declaring asylum applications “frivolous,”… See also EOIR Memo on implementation of the regs.

 

US Extends Temporary Protected Status for 6 Disaster-Hit Countries

VOA: The so-called Temporary Protected Status (TPS) for some citizens of El Salvador, Haiti, Nicaragua, Sudan, Honduras and Nepal was extended by the Department of Homeland Security (DHS) until at least October 2021.

 

DOJ Reins In Immigration Appeals With Final Rule

Law360: The rule, proposed in August, will curtail the ability of immigration appellate judges to hear cases on their own accord, impose a time limit on appeals, and create a mechanism for lower immigration judges to seek reversal of appellate judges at the Board of Immigration Appeals by petitioning a political DOJ appointee.

 

DOJ Floats E-Filing Rule In Immigration Courts

Law360: The U.S. Department of Justice proposed implementing electronic filing across all immigration courts, allowing immigration attorneys to submit documents, access case files and view court decisions virtually.

 

The Trump administration expelled unaccompanied migrant children in violation of a court order

Vox: The Trump administration has expelled at least 67 unaccompanied migrant children who arrived on the US-Mexico border since November 18, continuing to invoke Covid-19 as a rationale in defiance of a court order.

 

Tracking the Trump Administration’s “Midnight Regulations”

ProPublica: The administration is rushing to implement dozens of policy changes in its final days. We’re following some of the most consequential and controversial.

 

COVID-19 Vaccine: What about undocumented immigrants and communities of color?

DocumentedNY: Cuomo announced Wednesday that the Department of Health and Human Services and Centers for Disease Control and Prevention had agreed to remove the requirements on vaccine reporting data that could determine whether vaccine recipients are U.S. citizens.

 

ICE Mismanagement Created Coronavirus “Hotbeds Of Infection” In And Around Detention Centers

Intercept: By August 1, almost 5.5 percent of total U.S. cases, according to the report, were attributable to spread from ICE detention centers. The report is yet another damning indication that ICE’s dereliction in protecting basic human rights, grievous medical neglect, and lack of transparency in how it detains and treats people in its system of over 200 detention centers is a massive public health threat — both to detainees and the greater U.S. population.

 

Persecuted and marginalized: Black LGBTQ immigrants face unique challenges

ABA: As part of her efforts to build community among LGBTQ immigrants, Gurmu also established the Queer Black Immigrant Project, or QBip, an effort she describes as a black radical lawyering initiative that seeks not only to assist people with asylum claims but also finds solutions to why Black immigrants are leaving their homelands.

 

The United States Has Failed Cameroonian Asylum-Seekers

FP: Fleeing a civil war shaped by the West, Cameroonians have been met on American shores with hostility, high-risk conditions, and now unconscionable deportation.

 

Progressives are getting ready to push Biden on immigration reform

Vox: Biden claims that he would not simply return to the Obama-era status quo on immigration, which involved record-level deportations and an expansion of family detention.

 

How many of our immigration judges are amateurs at immigration law?

The Hill: The problem is the training program for new judges does not spend enough time teaching immigration law to give them the knowledge they will need as immigration judges. Unlike in many courtrooms, these new judges generally will be expected to issue an oral decision at the end of each hearing, which does not give them time to do research or get advice from more experienced judges.

 

Contractors Dynamite Mountains, Bulldoze Desert In Race To Build Trump’s Border Wall

NPR: This is one of 29 construction projects being performed by 13 different contractors from San Diego to Brownsville, Texas. In Arizona, contractors have added shifts — they’re working all night long under light towers to meet Trump’s goal of 450 miles of new barriers before his term is over.

 

How ICE Became The Face Of Trump’s Immigration Crackdown And Where It Goes From Here After Biden Is In Charge

Buzzfeed: BuzzFeed News spoke with 12 current and former ICE officials who served during the Trump administration about their experiences and their thoughts about the future. Many, like Schwab, said the new president must find a way to correct the excesses of the past four years and restore public trust in the agency by revamping policies and tactics. But many also cautioned that it won’t be easy.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Opinion analysis: Justices allow Muslim men placed on “no fly” list to sue FBI agents for money damages

SCOTUSblog: In a brief and unanimous opinion by Justice Clarence Thomas, the Supreme Court upheld the 2nd Circuit’s ruling. Thomas pointed to the text of RFRA, which allows an individual whose exercise of religion has been burdened to “obtain appropriate relief against a government.” That phrase, Thomas explained, permits someone who has been injured to sue government officials in their personal capacities.

 

Supreme Court puts off ruling on Trump census case to exclude undocumented immigrants

NBC: The Trump administration had urged the court to take the case on a fast track and issue a decision before the president is required to submit the census report to Congress in early January. But by the time the case was argued Nov. 20, the Census Bureau conceded that it has no idea yet know how many people would be excluded or when it will have the answer. It appeared Monday that the justices declined to act for that reason.

 

CA1 Finds Petitioner Abandoned LPR Status After Living and Working in Canada for Six Years

The court denied the petition for review, finding that the petitioner, a Lebanese citizen who was admitted to the United States as a lawful permanent resident (LPR) in 1991, had abandoned his LPR status after living and working in Canada for six years. (Mahmoud v. Barr, 11/30/20) AILA Doc. No. 20120708

 

CA9 Says Derivative U Visa Spouse Need Not Be Married to Principal Applicant at Time of Form I-918 Filing

The court held that to qualify for a derivative U visa as a spouse, a person need not have been married to the principal applicant at the time the Form I-918 application was filed, so long as the marriage exists when the principal applicant receives a U visa. (Tovar v. Zuchowski, 12/3/20) AILA Doc. No. 20120839

 

CA11 Says INA §241(a)(5) Bars Reopening of Reinstated Removal Order Where Noncitizen Unlawfully Reentered After Removal

The court concluded that the plain language of INA §241(a)(5) bars the reopening of a reinstated removal order where a noncitizen has illegally reentered the United States following his or her initial removal, and thus denied the petition for review. (Alfaro-Garcia v. Att’y Gen., 11/30/20) AILA Doc. No. 20120709

 

Feds Can’t Enforce Trump’s No-Visa Policy For 181 Families

Law360: A California federal judge on Friday blocked enforcement of President Donald Trump’s COVID-19-related rule barring noncitizens from moving to the U.S. on new green cards, specifically as the rule pertains to 181 families, finding that the families showed they’d suffer irreparable harm.

 

District Court Rejects Challenge to DHS’s Expedited Removal Pilot Programs

The district court found that DHS’s new detention-placement policy of the Prompt Asylum Claim Review (PACR) and Humanitarian Asylum Review Process (HARP) programs did not violate statutory, regulatory, or constitutional requirements. (Las Americas Immigrant Advocacy Center v. Wolf, 11/30/20) AILA Doc. No. 20120838

 

DHS and DOJ Final Rule on Procedures for Asylum, Withholding of Removal, and CAT Protection

DHS and DOJ final rule making multiple changes to the regulations governing the procedures for asylum, withholding of removal, and protection under the CAT. The final rule adopts the notice of proposed rulemaking published on 6/15/20 with few substantive changes. (85 FR 80274, 12/11/20) AILA Doc. No. 20121030

 

EOIR Issues Memo Providing Guidance on New Regulations Governing Procedures for Asylum, Withholding of Removal, and CAT Protection

EOIR issued a memo (PM 21-09) establishing EOIR policy and procedures regarding new DHS and DOJ regulations, effective January 11, 2021, about credible fear and reasonable fear review screenings and the adjudication of asylum, statutory withholding of removal, and protection under CAT claims. AILA Doc. No. 20121400 See also Final Rule: Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review.

 

EOIR Issues Memo on Pro Bono Legal Services

EOIR issued a memo (PM 21-08) consolidating and updating EOIR policies related to pro bono legal services. This memo replaces OPPM 97-1, Maintaining the List of Free Legal Service Providers, and OPPM 08-01, Guidelines for Facilitating Pro Bono Legal Services. AILA Doc. No. 20121133

 

EOIR Issues Memo Setting Forth Updated Adjournment, Call-Up, and Case Identification Codes

EOIR issued a policy memo (PM 21-07) rescinding PM 20-08, Definitions and Use of Adjournment, Call-Up, and Case Identification Codes, dated February 13, 2020, and setting forth updated codes used to track the case hearing process. AILA Doc. No. 20121038

 

Advance Copy of EOIR Final Rule on Appellate Procedures and Administrative Closure

EOIR final rule amending the regulations on the processing of immigration appeals, as well as amending the regulations regarding administrative closure. The final rule will be published in the Federal Register on 12/16/20 and will be effective 30 days after publication. AILA Doc. No. 20121130

 

DOJ Provides Information on EADs for Six TPS-Designated Countries

DOJ provided a table of EAD expiration dates that were issued under the TPS designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. EADs with expiration dates listed in the table and a category code of A-12 or C-19 are now valid through October 4, 2021. AILA Doc. No. 20121401

 

Update: Deferred Action for Childhood Arrivals

USCIS: In compliance with an order of a United States District Court, effective December 7, 2020, U.S. Citizenship and Immigration Services (USCIS) is: Accepting first-time requests for consideration of deferred action under Deferred Action for Childhood Arrivals (DACA) based on the terms of the DACA policy in effect prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order.

 

ACTIONS

 

 

RESOURCES

 

 

EVENTS

 

 

ImmProf

 

Monday, December 14, 2020

Sunday, December 13, 2020

Saturday, December 12, 2020

Friday, December 11, 2020

Thursday, December 10, 2020

Wednesday, December 9, 2020

Tuesday, December 8, 2020

Monday, December 7, 2020

Fourth Circuit to Rehear En Banc Public Charge Rule Case

 

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Thanks to former EOIR attorney Nolan Rappaport over @ The Hill for highlighting the disgraceful “expertise deficit” at EOIR. Nolan’s article was also cited by Judge “Sir Jeffrey” Chase of the Round Table 🛡⚔️ in a recent post.

https://immigrationcourtside.com/2020/12/15/%f0%9f%9b%a1%e2%9a%94%ef%b8%8f%e2%9a%96%ef%b8%8f%f0%9f%97%bdsir-jeffreys-2021-wish-list-sanity-humanity-due-process-other-great-things-the-importance-of-a-long/

And, as always, thanks Elizabeth, for all you do to keep us well-informed!

The only real question is how much wanton damage can the EOIR Clown Show 🤡🏴‍☠️ inflict on humanity and our legal system before the curtain falls on January 21? Apparently, like the Trump/Barr “holiday execution extravaganza” 🎅🏻⚰️ & “COVID spreading spree,”🤮 they are going for “maximum kills.” ☠️⚰️

PWS

12-16-20