THE LEVIN REPORT: GOP VIEWS WOMEN AS “SEA TURTLES!”🐢

Bess Levin
Bess Levin
Politics & Finance Writer
Vanity Fair

Bess Levin @ Vanity Fair writes:

As you’ve probably heard by now, within the next few months, the Supreme Court is expected to overturn Roe v. Wade, ending the national right to an abortion. If that happens, the medical procedure will be severely restricted or just outright banned in about half the country. A lot of people are extremely upset about this because, among other things, they think the government should not get to treat 50% of the population like second-class citizens, and that pregnant people should be allowed to decide what to do with their own bodies, just like men can chose to, say, have a vasectomy without a bunch of elected officials weighing in.

 

Yet somehow Montana senator Steve Daines doesn’t seem to understand why anyone would be griping about the catastrophic, dystopian situation that is about to befall women in the U.S. In fact, Daines appears to think he’s figured out a huge “gotcha” when it comes to liberals who want to ensure women have control of their own bodies: that “the left” cares more about the eggs of certain reptiles and birds than it does about human women’s eggs. Seriously.

 

Speaking on the Senate floor Tuesday, Daines opined: “If you were to take or destroy the eggs of a sea turtle—now I said the eggs, not the hatchlings that’s also a penalty but the eggs—the criminal penalties are severe: up to a $100,000 fine and a year in prison. Now why? Why do we have laws in place that protect the eggs of a sea turtle or the eggs of eagles? Because, when you destroy an egg, you’re killing a preborn baby sea turtle or preborn baby eagle. Yet when it comes to a preborn human baby, rather than a sea turtle, that baby will be stripped of all protections in all 50 states, under the Democrats’ bill that we’ll be voting on tomorrow. Is that what the America the left wants?” (Daines was referring to the Women’s Health Protection Act, legislation that would codify the constitutional right to an abortion into federal law, which the Senate failed to pass on Wednesday.)

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Curiously, at no point in this speech lamenting that human women have too many rights compared to reptiles and birds, did Daines—who actually loves killing living things—acknowledge that humans do not lay eggs, that human embryos stay inside the mother until they are born, and that people are not endangered species. Must’ve been a mere oversight.

 

Senator Ron Johnson tells pregnant people to suck it up and drive out of state for an abortion if they want one

 

In the likely event that Roe v. Wade is gutted, countless lives will be destroyed, whether it‘s that of the rape victim who will have no choice but to give birth to her attacker’s kid, the woman living in poverty who can’t afford to raise a child, the literal child who has been impregnated by an abusive family member, or the person who simply had a different set of plans for their life that did not involve becoming a parent. Not to mention, the pregnant person who decides they have no choice but to undergo an illegal, risky abortion rather than be forced to give birth. But according to Republican senator Ron Johnson? None of this is a big deal and people are being hysterical over nothing.

 

Speaking to The Wall Street Journal, the Wisconsin lawmaker, who is up for reelection this year, said he doesn’t expect abortion to come up on the campaign trail because it’s basically a nonissue. “It might be a little messy for some people, but abortion is not going away,” Johnson said, an absolutely bizarre choice of words—not to mention, sentiment—given the history of women bleeding out and dying after unsafe abortions. He blithely added that though he doesn’t expect a 19th-century Wisconsin law banning abortions except to save the mother will go into effect if Roe is reversed, pregnant people can always go to neighboring Illinois if they want to obtain the medical procedure.

 

As so many people have noted, the reversal of Roe—and ensuing bans in numerous states—would disproportionately impact poor women and women of color. Those are people that, in fact, can’t necessarily just drive to Illinois (or the neighboring state that applies to them) because they can‘t get the time off of work, or don’t have a car, or have other children at home they can’t be away from for the night—or any of the many other reasons that Johnson apparently can’t think of. As for the idea that the 1849 Wisconsin law banning abortions won’t stand, Johnson is reportedly likely wrong about that too. As the Milwaukee Journal Sentinel wrote last week, “Republican lawmakers for decades have made sure to preserve the 1849 ban in hopes that Roe would someday be overturned,” and the Republicans running for governor in the state “have [all] strongly opposed abortion and would be unlikely to sign legislation loosening the ban.”

 

Johnson, of course, has a long history of extremely shitty takes. As one of the most vocal proponents of Trump’s “big lie,” he repeatedly downplayed January 6, variously claiming that the attempted coup wasn’t “an armed insurrection,” even though that’s exactly what it was; that the rioters were not actually Trump supporters but “provocateurs” impersonating Trump supporters; and that he was never once worried for his life because the mob that stormed the Capitol were there to overturn an election, not protest for equal rights for Black people. He’s also a major purveyor of COVID misinformation, dispenses anti-vaccine rhetoric, and was temporarily kicked off of YouTube for promoting bogus cures. In 2010, he opposed a Wisconsin bill that would have eliminated the statute of limitations for child sexual abuse victims to bring lawsuits. And four years later, he reportedly did not tell the “police, Senate or Wisconsin officials that a former aide was allegedly sexually assaulted by a state lawmaker.”

 

So yeah, it’s not surprising that he has no earthly clue why any of this is a big deal, but that doesn’t make it any less crappy. “I just don’t think this is going to be the big political issue everybody thinks it is, because it’s not going to be that big a change,” he told the Journal, like only the absolutely most ignorant elected official can.

 

Nothing to see here, just Trump’s election coconspirator telling Pennsylvania to trash absentee ballots so it’d look like Trump won

 

Apparently John Eastman saw no potential issues here, hence putting the plot in actual writing. Per Politico:

 

Attorney John Eastman urged Republican legislators in Pennsylvania to retabulate the state’s popular vote—and throw out tens of thousands of absentee ballots—in order to show Donald Trump with a lead, according to newly unearthed emails sent in December 2020, as Trump pressured GOP lawmakers to subvert his defeat. This recalculation, he posited in an exchange with one GOP state lawmaker, “would help provide some cover” for Republicans to replace Joe Biden’s electors from the state with a slate of pro-Trump electors, part of a last-ditch bid to overturn the election results.

 

Per the exchange, Eastman suggested that GOP legislators could simply cite their concerns with Pennsylvania’s absentee ballot procedures and then use historical data to “discount each candidates’ totals by a prorated amount based on the absentee percentage those candidates otherwise received.”

 

“Having done that math, you’d be left with a significant Trump lead that would bolster the argument for the Legislature adopting a slate of Trump electors—perfectly within your authority to do anyway, but now bolstered by the untainted popular vote,” Eastman wrote in a Dec. 4, 2020 email to Pennsylvania Rep. Russ Diamond. “That would help provide some cover.”

 

The suggestion to simply throw out ballots like that was a very cool, very legal thing to do came out of a batch of emails obtained via public records requests by the Colorado Ethics Institute, which reportedly sent them to the January 6 committee. Neither the panel nor Eastman’s attorney responded to Politico’s requests for comment. Back in March, a federal judge said that Trump and Eastman “most likely” committed felonies when they tried to overturn the results of the 2020. “The illegality of the plan was obvious,” Judge David Carter wrote. Even more so now!

 

Guy whose entire shtick is to ban things from the classroom now requiring lessons about the harms of communism in the classroom

 

We’re going to guess that no, Ron DeSantis does not see the irony here. Per The Guardian:

 

Discussions of gender identity and sexual preference are banned in many Florida classrooms because of governor Ron DeSantis’s “don’t say gay” law, alongside dozens of math textbooks blocked for “prohibited topics.” Now the Republican who has loudly condemned what he sees as the “indoctrination” of young people has made another subject compulsory: students must receive at least 45 minutes’ instruction every November about the “victims of communism.”

 

In a ceremony Monday at Miami’s iconic Freedom Tower, where tens of thousands of Cuban immigrants fleeing Fidel Castro’s revolution were admitted into the US between 1962 and 1974, DeSantis signed into law House Bill 395, designating 7 November as Victims of Communism Day…. The instruction will begin in the 2023-2024 school year, DeSantis said, and will require teaching about Joseph Stalin, Mao Zedong and Fidel Castro, as well as “poverty, starvation, migration, systemic lethal violence, and suppression of speech” endured under their leaderships in the Soviet Union, China and Cuba respectively.

 

Mispronouncing the name of Che Guevara as “Che Kay-Farra,” DeSantis used the ceremony to yell at students who wear T-shirts with the revolutionary leader’s image on it. “You can see at a college campus students flying the hammer and sickle from the old Soviet Union flag, you will see students that will have T-shirts with Che Guevara, you will see students that will idolize people like Mao Zedong,” he said, according to The Guardian. “That to me, this speaks of a tremendous ignorance about what those individuals represented and the evils that communism inflicted on people throughout the world…. While it’s fashionable in some circles to whitewash the history of communism, Florida will stand for truth and remain as a beachhead for freedom.”

 

Earlier this year, Florida banned public schools and private businesses from inflicting “discomfort” on white people during lessons or training about discrimination, a ridiculous law that grew out of the conservative hysteria over critical race theory. Florida, of course, now also prohibits teachers from discussing gender identity or sexual orientation in grades k–3 (and, critics say, beyond).

 

Strangely, DeSantis has not said anything about introducing a bill requiring schools to teach students about the history of petty tyrants.

 

Rep. Elise Stefanik tries her hand at comedy

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“Dehumanization” by the GOP started with the “war on immigrants” during the Trump Administration, has been enabled and furthered by GOP-appointed righty judges (see, e.g., “Dred Scottification”), and now threatens the legal and human rights of all groups that the GOP doesn’t like. That’s a big list, folks, and many of YOU and those you care about are likely on it! ☠️ 

🇺🇸Due Process Forever!

PWS

05-12-22

👎🏽🤮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.”

Jason Dzubow
Jason Dzubow
The Asylumist

From Jason “The Asylumist” Dzubow:

https://www.asylumist.com/2022/04/27/aaaaaaaaaaaaaaaaaaaaah/

Let me tell you about some recent events in my office.

We had two cases set for individual hearings this week. Both cases involve noncitizens who have been waiting years for their decisions, both have family members abroad who they hope to bring to the U.S. if their claims are successful, and both have strong cases for asylum.

For the first case, we prepared and submitted evidence earlier in the pandemic, but the case was postponed at the last minute due to Covid. We were hoping that the new date would stick, given that restrictions are easing and the court now has a system to do cases remotely (called Webex). As the date approached, we filed additional evidence and scheduled two practice sessions for the client. We also regularly checked the Immigration Court online portal, which lists our court dates, to be sure the case was still on the docket.

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“Your asylum case is cancelled. Again.”

The second case has also been pending for years. The respondent (the noncitizen in court) is from Afghanistan, and such cases are supposedly receiving priority treatment. So at the Master Calendar Hearing, the Immigration Judge (“IJ”) asked us to be sure to talk to DHS prior to the hearing, presumably in the hope that we would come to an agreement about relief. The IJ also scheduled the hearing for a relatively short time slot in anticipation of a possible uncontested hearing. As with the first case, we filed all the evidence and scheduled the practices.

Both respondents had been in touch with their families overseas and both had talked to their relatives about hopefully reuniting soon.

Then – surprise! – we checked the Immigration Court portal and noticed that both cases had disappeared from the docket. Since the portal pages are sometimes screwy, and since court dates are constantly changing, we decided to wait a bit to see whether the dates reappeared. Informing clients about court delays is always fraught, and can even be traumatic for the clients and their families, who have a lot invested in these dates. So it is better not to inform the client until we are sure a date is canceled.

After some hours, we decided to tell the first client. We had a practice session scheduled for that afternoon, and it would waste time to prepare for a hearing that was not going forward. I called the client and informed him, and as I have often experienced before, he was upset and confused. Why had the case been postponed? Was it something about him or his case? Or was it something about the Court? I could at least inform him that we had two cases canceled on the same date (from two different IJs), and so he should understand that the cancellation was not related to him personally. That is obviously cold comfort, but I guess it is better than nothing. I know it was very upsetting for him to receive this news. It was emotionally exhausting for me as well.

For the next two days, this client kept checking the online court system to see whether anything changed. Then – surprise again! – the case re-appeared on the docket for the same old day and time!

I called the court to confirm, and the clerk told me that the case had been removed by accident, and that it was back on! How lucky! The client told me how upset he had been. He hadn’t been able to sleep or eat. He did not even inform his family back home, as he feared they would not understand or would not believe him. We rescheduled the two practice sessions and mentally re-prepared to go forward.

The next day – surprise again again! – I received a message from the court. The case was definitely off. The clerk apologized for the confusion, and told me that the matter would be set for a date in the future. It would be inappropriate for me to publish here the words that came from my mouth after receiving this message, but let’s just say that I was somewhat agitated. I called the clerk and left a message informing the court how harmful this whole process had been to the respondent, how upset he was, and how he had not seen his family members for years. I also mentioned how upsetting the experience had been for me.

I should say that I do not blame the clerk. He is actually very nice and very responsive (he actually called back and said he will try to get us a new date as soon as possible). The problem is “the system” and complaining to the system is about as effective as punching the ocean. No one is ever responsible, and so there is no one who can be held accountable.

As for client number two, at least he did not suffer the on-again, off-again fate of our first client. But he and his family members were also very upset, and given the IJ’s intention of scheduling the hearing quickly because the respondent is Afghan, it is particularly frustrating that a likely approval should be pushed off until who-knows-when.

What now? For both cases, we will wait a bit to see if new dates appear. Maybe they will. If not, we will file motions to advance, and we will try to get earlier dates. All this is more expense and wasted time for the clients, more work for us, and more work for the court, which will have to review our filings. Last year, I wrote about the harm caused by cancelled hearings, and–despite the easing pandemic and the wide-spread availability of Webex–the problem persists. I’ve mentioned just two cases here, but we see this again and again and again. Not in every case, but it’s common enough that we can never be confident that any particular case will go forward, which makes it much more difficult for respondents and attorneys to prepare for court.

While the situation is bleak, I should mention that the news is not all bad. We are still having some successes. For example, over my Spring Break, I litigated a Syrian case (remotely, with very questionable internet, and in what I believe is the first Immigration Court case in the history of Shickshinny, Pennsylvania). Although it was a close case and DHS generally opposed relief, the IJ explained his reasons for granting and DHS agreed not to appeal. And just yesterday, my client from Pakistan received asylum after a contested hearing. DHS did not appeal.

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.

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Thanks, Jason, for your clear and compelling description of the toxic human and systemic effects of Garland’s continuing “ADR” at EOIR!

Contrary to the “nativist false narrative” promoted under Administrations of both parties, those suffering in the inexcusable EOIR backlog are NOT “evading deportation.” Many, probably the majority, are individuals who are eligible to, and should be granted, the ability to remain in the U.S.

This is particularly true of asylum applicants. Even with a system improperly skewed against them, asylum applicants were winning the majority of their EOIR court cases as recently as FY 2012.

Despite worsening conditions since then in almost all “sending countries,” that rate cratered by about 50% during the Trump regime. It’s fairly obvious that the increased denial rates resulted from perversions of the law, ADR, and an intentional “dumbing down” of both the administrative law and EOIR personnel at all levels.

Garland has taken, at best, “baby steps” to improve the Immigration Courts. He’s merely “nibbling at the edges” where radical house cleaning 🧹and progressive reforms ⚖️ were absolutely necessary, recommended by experts, and achievable — at least had Garland “hit the ground running!”

EOIR should long ago have been replaced with an independent Article I Immigration Court based on the principles of fairness, scholarship, timeliness, respect, teamwork, and most of all, an overriding unswerving commitment to due process and best practices. Judges and administrators should be selected competitively, with private bar input, and exclusively on a merit basis from among those who have demonstrated expertise in immigration and human rights.

As long as EOIR inappropriately continues to reside in the U.S. Department of Justice, there should never, NEVER, again be another Attorney General who does not possess significant experience representing individuals in Immigration Court — the fundamental “retail level” of our entire justice system. Garland ‘s failure to “get the job done for due process and equal justice” — not even close — is “Exhibit A” in what happens when the wrong person is appointed to oversee the Immigration Courts!

At a time when America needed enlightened, inspirational, informed, and courageous legal and ethical leadership for the Immigration Courts, Garland has been “MIA!” American justice, at all levels, is paying the heavy price!☹️

Alfred E. Neumann
Merrick Garland: “What, me worry? I’ve spent my entire law career in the ‘ivory tower.’ What’s ‘aimless docket reshuffling?’ Who cares about asylum seekers?”
PHOTO: Wikipedia Commons

🇺🇸Due Process Forever!

PWS

05-04-22

IMMIGRATION & THE ECONOMY:  RAMPELL RIPS MAGAMORON ABBOTT — Latest Racist Stunt Adds To Nation’s Economic Woes!🤮

Catherine Rampell
Catherine Rampell
Opinion Columnist
Washington Post

https://www.washingtonpost.com/opinions/2022/04/14/greg-abbott-border-inspection-policy-hurt-texas-own-voters/

. . . .

Or maybe Abbott, like many other Republican politicians, simply thinks his voters are stupid.

He might presume that angry voters will see backlogged traffic, empty store shelves and struggling businesses and blame President Biden, even though this latest contribution to supply-chain woes comes courtesy of Abbott’s own policies. If that sounds far-fetched, recall that Abbott and other Republicans have tried to blame Biden for mounting covid infections and deaths, even as these same politicians have deliberately sown distrust in vaccines and undermined or outright barred efforts to increase vaccination and other covid-prevention measures.

If Abbott’s border policy is motivated by the last of these possible explanations — if he’s assuming Texans are too dense to figure out causality here — let’s hope voters will be motivated to prove him wrong.

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Read Catherine’s full article at the link.

As Catherine points out, Texas voters have a golden opportunity to show their “clown prince” 🤡  the door this fall. But, I wouldn’t count on it.

Meanwhile Abbott claims to have negotiated “security agreements” with several Mexican Governors thereby “allowing” him to “relax” his unneeded blockade. Exactly what this grandstanding means is opaque. Trucks entering the U.S. are ready checked for drugs and migrants by CBP at the border. Somehow, I doubt that Mexican authorities are going to do a better job than CBP.

Of course, the best way to deal with Abbott’s stunts is for the Biden Administration and NGOs to work together to encourage asylum seekers to present themselves in an orderly manner at legal ports of entry once the “Title 42 Blockade” is lifted. Indeed, as I’ve perviously suggested, there should be a system in place NOW to “prescreen” asylum applications in Mexico and to parole as many as possible of those whose claims pass credible fear and who can be resettled away from the border areas in advance of May 23. That would avoid long lines and confusion.

New regulations that would allow Asylum Officers to outright grant well-documented asylum cases go into effect on May 28. Surely, somebody out there in the “world of rational thinkers and doers” should be able to “leverage” this opportunity to cut through the BS and finalize grants of deserving cases without more bureaucratic red tape. Plan to show that that the new system can work. Start building the necessary credibility and confidence in orderly legal processing among asylum seekers now, rather than hoping that they all die or go away before May 23. They won’t. 

That’s just an “expanded version” of what’s already happening for Ukrainian asylum seekers at the border. But, unfortunately, I haven’t seen much hard evidence that either the Administration or the NGOs are planning for “achievable success” rather than “finger pointing failure” on May 23. The real victims here are, as usual, the migrants whose humanity and rights are routinely ignored in the politicization of the border.  

Let’s look at what has happened with another Abbott stunt mentioned by Catherine:  “Bussing” asylum seekers from the border to downtown DC and dropping them near the headquarters of Fox News, NBC News and C-SPAN. Obviously, Abbott anticipated a “Fox photo op” of bewildered folks wandering the streets, causing traffic jams, and sparking anti-immigrant protests and overreaction by local Dem officials.

But, thanks to local NGOs, the opposite has happened. Volunteers have met the arriving busses, helping those bound for other areas to make the right transportation connections and directing those bound for the DMV area to the appropriate local organizations who can assist them in orderly resettlement. 

Most of the migrants who volunteered for the busses expressed gratitude for the free transport. Few appeared to know that they were intended to be part of “Nativist Political Theater.” Both CBP and local NGOs at the Texas border worked to facilitate those seeking transportation to use the busses. 

Evidently inadvertently, in this case Abbott’s publicity stunt appears to have “morphed” into a good example of how cooperation among Federal and state authorities, NGOs in different areas, and migrants themselves can work to facilitate orderly processing of migrants once they are in the U.S. 

Who knows if this initial success will be temporary or long term. If the latter, it will be interesting to see if Abbott will continue to fund efforts to make the immigration system work rather than to showcase its anticipated failures. But, in any event, this should be a practical example for the Biden Administration of how public-private partnerships, teamwork, and cooperation can work even across party and ideological lines.

Unfortunately, to date, the Biden Administration’s wobbly approach to immigration and human rights has failed to capitalize on almost every opportunity to show the benefits of an orderly, legally compliant, and humane immigration policy. 

Will they finally get this one right? Or, as Catherine has suggested before, will this just be another in a too long line of Biden’s missed opportunities to show that the rule of law and legal immigration work for America?

🇺🇸Due Process Forever!

PWS

04-15-22

UPDATE:

RAMPELL “DUNKS” ON ABBOTT AS TEX GOV FORCED TO RESCIND IDIOTIC STUNT ORDER!

https://www.latimes.com/world-nation/story/2022-04-15/texas-repeals-immigration-order-that-caused-border-gridlock

The American Trucking Assn. called the inspections “wholly flawed, redundant and adding considerable weight on an already strained supply chain.”

This stunt, not surprisingly, turned up neither a single smuggled individual nor any drugs. They did turn up some safety violations, actually the only thing Texas officials were legally empowered to inspect for. But, safety problems have been around forever, and Abbott hasn’t given them a second thought as he misallocates state resources on a grotesque scale. See, the bogus “Operation Lone Star.”

The best way to deter human smugglers is to reopen ports of entry to asylum seekers and grant the many worthy applications out there, thereby ending years of manipulating asylum law to deny protection to legally qualified refugees.

While there of course will always be pressure on the border, the many individuals who seek only a fair chance to present their legal claims for asylum through our legal system will no longer be forced to use smugglers to gain “black market” refuge just because the Government has shirked their legal responsibilities!

That ought to make the border safer and CBP’s job at least somewhat easier.

It all depends on whether the border asylum system is credible. So far, no Administration has succeeded in pulling that off.

All have employed various degrees of bias and inhumane detention to “hold down” the number of asylum grants at the border. A legitimate legal asylum system at the border is possible, particularly if accompanied by a robust refugee program beyond the border. But, possible doesn’t mean probable!

DPF!

PWS

04-15-22

 

 

 

🤪GARLAND’S ZANY COURTS! — AG Agrees That His Judges Will Comply With Constitution In Bond Cases, But Only In CD CAL!🤯

Yup, it’s a great settlement! But, only for those in the CDCA or who don’t understand how totally screwed up, unfair, directionless, visionless, and out of control Garland’s “Clown Courts” 🤡 are! 

Check out Hernandez v. Garland here:

https://www.aclusocal.org/en/press-releases/court-ice-cant-detain-immigrants-based-poverty

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So, Garland agrees that “his judges” will comply with the Constitution, but ONLY in the CDCA. In the other 95% of Immigration Courts nationwide, they evidently are free to choose to act in a “normal” arbitrary and capricious unconstitutional manner. Nice!

Of course, by initially setting no bond or more than $10K in any case, DHS can unilaterally invoke the “regulatory clamper” (8 CFR 1003.19(i)(2)) to defeat any release on bond pending appeal. Since the BIA routinely holds bond appeals until the detained merits cases are complete, then dismisses them as “moot,” the Administration retains lots of tools to act unconstitutionally.

Another nice touch!

Does anyone truly understand how completely screwed up and unconstitutional Garland’s “star chambers courts” are? 

This is what “justice” looks like in 21st Century America, in a Dem Administration no less? Gimmie a break?

A better BIA might have imposed Constitutional due process requiring consideration of ability to pay nationwide, thus preempting the need for more Article III Court litigation and inconsistent decisions affecting the fundamental human right of liberty!

A “better BIA” might have properly limited the DHS’s unconstitutional authority to use the “clamper” to block release on bond, rather than reducing Immigration Judges to a “clerical” role. See, e.g., Matter of Joseph (“Joseph I”), 22 I&N Dec. 660, 674 (BIA 1999) (Moscato, Board Member dissenting, joined by Schmidt, Chair, and Heilman, Villageliu, Guendelsberger, Rosenberg, Jones, Board Members).

A better AG might have eliminated the unconstitutional “clamper” that gives ICE counsel unfair leverage in bond cases.

🇺🇸Due Process Forever!

PWS

04-01-22

🤮 INDEFENSIBLE: 7th Cir. Schools BIA On Briefing Schedules, Own Regs, Fabricated “Facts” — Oluwajana v. Garland

 

Dan Kowalski reports from LexisNexis:

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/ca7-on-bia-abuse-of-discretion-oluwajana-v-garland

CA7 on BIA Abuse of Discretion: Oluwajana v. Garland

Oluwajana v. Garland

“After an immigration judge ordered him removed from the United States, Olawole Oluwajana appealed to the Board of Immigration Appeals and retained counsel to represent him. But the government was slow in providing a copy of Oluwajana’s immigration file, without which his attorney could not prepare a brief. The Board granted one extension but denied a second, suggesting that Oluwajana instead submit his brief with a motion seeking leave to file it late. When he did so, less than two weeks after the submission deadline, the Board denied the motion in a cursory—and factually erroneous—footnote. And having rejected the brief, the Board upheld the removal order without considering Oluwajana’s allegations of error by the immigration judge. Based on the undisputed circumstances of this case, we conclude that the Board abused its discretion by unreasonably rejecting Oluwajana’s brief. We therefore grant the petition for review, vacate the Board’s order, and remand for further proceedings.”

[Hats off to Chicago Superlawyer Scott Pollock and Christina J. Murdoch!]

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Here, the BIA took 7 months to set a briefing schedule, didn’t get the file to counsel in a timely manner, then “dinged” the R’s counsel for being 12 days late in filing a brief on a complex issue where input from legal counsel would likely be “outcome determinative!”

But, along the way, “Garland’s Clown Show” 🤡 fabricated a 33 day “late period.” And, to add insult to injury, they ignored their own regulations and instructions to counsel.

Even OIL couldn’t defend this one! But, Garland nevertheless retains the “Miller Lite” Clowns from his predecessors’ “whatever it takes to deny and deport assembly line!”  No quality, no fairness, no accountability! Just “anything goes” when it’s “only immigrants of color!”

Briefing schedules aren’t “rocket science.” But Garland’s “Miller Lite” holdover gang can’t even get the simple stuff right!

How is this “expert judging” entitled to “deference?” 

How is having the Circuit spend time cleaning up Garland’s messes an acceptable use of Article III resources? 

What happens to the many human victims of Garland’s unjust and unprofessional system who don’t have Scott Pollock & Co. to take Garland to the Court of Appeals? 

What happens to Garland’s victims when the CA is on “autopilot,” which often happens?

Is it any wonder that “judges” who would rather fight with attorneys than read their briefs are running an astounding 1.6 million case backlog and an appellate backlog of 82,000, up approximately 7 times from just four years ago?

Wonder why an AG running a “second (or perhaps third or fourth) class justice system” for people of color isn’t a very effective leader or force for racial justice in America?

🇺🇸Due Process Forever!

PWS

03-11-22

🤡 “BILLY THE BIGOT” BARR PULLED UP IN A CLOWN CAR 🤡🚗 & UNLOADED HIS CLOWN SHOW 🤡🎪 @ THE DOJ — Garland Has Chosen To Largely Leave The “Big Top” 🎪🤹‍♀️In Place!

Barr Departs
Lowering The Barr by Randall Enos, Easton, CT
Republished By License
Dana Milbank
Dana Milbank
Opinion Columnist
Washington Post

From Dana Milbank @ WashPost:

https://www.washingtonpost.com/opinions/2022/03/04/bill-barr-book-trump-clown-show/

 . . . .

In real time, Barr jettisoned Justice Department norms and authorized the department to open election-fraud investigations before the tallies were certified. Barr, who had falsely asserted that mail-in voting was vulnerable to counterfeit foreign ballots, did allow at one point that the Justice Department hadn’t found enough fraud to change the election outcome — “to date.” But his sycophantic departure letter (“you built the strongest and most resilient economy in American history”) said “these allegations will continue to be pursued.”

Had Barr spoken out publicly about Trump’s “clown show,” perhaps he could have punctured the “big lie” before it resulted in the Jan. 6 insurrection. Barr didn’t even speak out during Trump’s impeachment, instead offering his self-serving view 14 months later while hawking his book — after Trump managed to get the bulk of the Republican electorate to accept the “big lie” as an article of faith.

Barr is just the latest in the parade of former Trump officials to wash their hands of him long after their public condemnation would have done any good: John Bolton, John F. Kelly, Rex Tillerson, Jim Mattis, Reince Priebus, Nikki Haley, Gary Cohn, Omarosa Manigault Newman, Michael Cohen, Anthony Scaramucci, H.R. McMaster and many more.

But nobody in the administration did more to enable Trump’s deceptions and assaults on democracy than Barr. He buried the Mueller report while issuing a public summary that misrepresented it; he alleged the Obama administration “spied” on the Trump campaign, and he appointed a prosecutor who is, years later, still trying to prove true Trump’s paranoid fantasy; he scoured the world for evidence to discredit the Trump-Russia probe; his Justice Department gave credibility to Rudy Giuliani’s ravings about the Bidens in Ukraine; he tried to give favorable treatment to Trump cronies Michael Flynn and Roger Stone; he justified the violent assault on peaceful demonstrators in Lafayette Square; he made unfounded allegations against “antifa” and assembled a militia-like force of often-unidentified federal police in D.C. And on, and on.

Now Barr wants to be remembered as the brave figure who spoke truth to power? Talk about a clown show.

🤡🤡🤡🤡🤡🤹‍♀️🤹‍♀️🤹‍♀️🤹‍♀️🤹‍♀️

Barr’s attempted self-justification would be funny if the consequences of his silence hadn’t been so dire. He allowed Trump to pull off a democracy-defying swindle.

. . . .

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

Read  Milbank’s full article at the link.

There were plenty of folks @ DOJ who “went along to get along” with the Sessions/Barr radical right-wing scheme to deconstruct justice with a series of lies, racially charged false narratives, questionable, arguably frivolous, presentations to Federal Courts, use of pretexts, discrediting of civil rights and free and fair elections, and undermining or outright violations of both domestic laws and international conventions protecting the human rights of migrants.

Others were installed or promoted within Justice because of their actual or perceived willingness to run over the law, truth, and often human dignity, to further the far-right agenda. In other words, they would elevate loyalty to the Trump agenda over their duty to the U.S.  Constitution!

What, exactly, has AG Garland done to “clean house”🧹 and restore the rule of law, Government ethics, fundamental fairness, and due process for migrants? Good question!🤨

In the meantime, notwithstanding his pathetic, outrageous, disingenuous, attempt at rehabilitation “BTB” Barr should go down in history as exactly the divisive, dishonest, neo-fascist, theocrat sleaze-ball that he is!🤮

And, Garland will be judged by what he does to reject and reform the mess @ Justice left by his predecessors. In that respect, “Miller Lite” won’t do it.

Miller Lite
This might be Garland’s vision for justice, but to the NDPA, “no way!” 

🇺🇸Due Process Forever!

PWS

03-06-22

📖 BOOK OF REVELATION: AFTER CARRYING TRUMP’S WATER @ DOJ, BILLY BARR COMES TO A NOT SO STUNNING CONCLUSION: TRUMP’S A COMPLETE SCHMUCK! 🤮

Sadie Gurman
Sadie Gurman
Justice Reporter
WSJ
PHOTO: Twitter

https://www.wsj.com/articles/ex-attorney-general-william-barr-urges-gop-to-move-on-from-trump-11645959600

Sadie Gurman describes Billy’s new 600-page “tome of discovery” in the WSJ:

. . . .

Af­ter the elec­tion, Mr. Barr said that Mr. Trump “lost his grip” and that his false claims of voter fraud led to the Jan. 6, 2021, at­tack on the U.S. Capi­tol by sup­port­ers try­ing to thwart the cer­ti­fi­ca­tion of Mr. Biden’s No­vember 2020 vic­tory.

“The ab­surd lengths to which he took his ‘stolen elec­tion’ claim led to the ri­ot­ing on Capi­tol Hill,” Mr. Barr writes.

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

Duh!

Trump Clown
Donald J. Trump
Famous American Clown
(Officially titled “Ass Clown”)
Artist: Scott Scheidly
Orlando, FL
Reproduced by permission

🇺🇸 Due Process Forever!

PWS

02-27-22

🗽ATTENTION NDPA! — JOIN SOME OF YOUR FAVORITE “ROUND TABLERS” ⚔️ FOR THE 5TH ANNUAL IMMIGRATION COURT “BOOT CAMP” 🥾 IN K.C. APRIL 28-30, 2022!

Genevra W. Alberti, Esq. The Clinic at Sharma-Crawford Attorneys at Law
Genevra W. Alberti, Esq.
The Clinic at Sharma-Crawford Attorneys at Law
Kansas City, Mo.
PHOTO: The Clinic

Dear Colleagues,

 

The Clinic at Sharma-Crawford Attorneys at Law – a nonprofit removal defense organization in Kansas City, Missouri – is hosting its fifth annual Immigration Court Trial Advocacy College from Thursday, April 28 to Saturday, April 30, 2022 in the Kansas City metro area.

 

This is a unique, hands-on, one-on-one, training experience designed to make you confident in immigration court, and the program has something for beginners as well as experienced removal defense litigators. Under the guidance of seasoned trial attorneys from all over the country (myself included) and using a real case, real witnesses, and real courtrooms, participants will learn fundamental trial skills while preparing a defensive asylum case for a mock trial. The complete conference schedule and faculty bios are available on The Clinic’s website here.

Among our All-Star Faculty will be Members of the Round Table of Former  Immigration Judges Hon. Lory Diana Rosenberg, Hon. Sue Roy, and Hon. Paul Wickham Schmidt.

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
Lory Rosenberg
Hon. Lory Diana Rosenberg
Senior Advisor
Immigrant Defenders Law Group, PLLC, Member, Round Table of Former Immigration Judges

 

Days 1 and 2 of the program will focus on helping attendees master the fundamentals of trial practice and prepare a defensive asylum case and witness for trial. For many of the sessions, attendees will be broken up into smaller groups, each with its own set of faculty members to provide one-on-one input. Each attendee will be assigned a role – either the respondent’s attorney, or the DHS attorney – and will have a volunteer “witness” to prep. On day 3, mock trials will be held in real courtrooms with faculty serving as the judges.

 

Tickets are available now, and you can register on The Clinic’s website here. There is a discounted rate for nonprofit attorneys. Price includes lunch, snacks, coffee and refreshments on all three days, along with breakfast on Friday and Saturday and a happy hour on Thursday. **IMPORTANT: It is imperative that you commit to attending all 3 days of the conference, so please do not register unless you can do so.** If you have questions about this, please let me know. Proof of COVID-19 vaccination is also required.

 

Space is limited, so be sure to get your tickets soon. We hope to see you there!

 

 

Genevra W. Alberti, Esq.

The Clinic at Sharma-Crawford Attorneys at Law

515 Avenida Cesar E. Chavez

Kansas City, MO 64108

(816) 994-2300 (phone)

(816) 994-2310 (fax)

genevra@theclinickc.org

 

 

http://theclinickc.org

 

pastedGraphic.png

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

“I’m goin’ to Kansas City, 

Kansas City here I come,

I’m goin’ to Kansas City,

Kansas City here I come,

They got some crazy great attorneys there,

And I’m gonna train me some!”

  With apologies to the late, great Fats Domino!

Fats Domino
Fats Domino (1928-2017)
R&B, R&R, Pianist & Singer
Circa 1980
PHOTO: Creative Commons

🇺🇸🎶Due Process Forever!

PWS

02-07-22

🇺🇸RACE IN AMERICA: THE REAL DR. KING WAS NOTHING LIKE TODAY’S WHITEWASHED MYTH! 

Martin & Mitch
Martin & Mitch
By John Cole
Published by license

Michael Harriot in The Guardian:

https://www.theguardian.com/commentisfree/2022/jan/17/mlk-is-revered-today-but-the-real-king-would-make-white-people-uncomfortable?CMP=Share_iOSApp_Other

Every year, on the third Monday in January, America hosts a Sadie Hawkins-style role-reversal where the entire country pretends to celebrate a man whose achievements and values they spent the previous 364 days ignoring, demonizing and trying to dismantle. Today, your favorite vote suppressors will take a brief respite from disenfranchising Black voters, denying history and increasing inequality to celebrate a real American hero.

That’s right, it’s MLK Day!

You might think it’s a little disrespectful to refer to a great American hero by his initials but, in this specific case, it’s perfectly fine. The actual Martin Luther King Jr who lived and breathed is not the man most people will be honoring today because that Martin Luther King is dead and gone. No, the man upon whom they will heap their performative praise with social media virtue-signaling is MLK, a caricature of a man whose likeness has been made palatable for white consumption. Like BLM, CRT and USA, the people who King fought against have now managed to flatten a three-dimensional symbol to a three-letter, chant-worthy phrase worthy of demonization or deification.

. . . .

Although, in death, he became one of the most revered figures in US history, for the entirety of the 39 years that King lived and breathed, there wasn’t a single day when the majority of white Americans approved of him. In 1966, Gallup measured his approval rating at 32% positive and 63% negative. That same year, a December Harris poll found that 50% of whites felt King was “hurting the negro cause of civil rights” while only 36% felt he was helping. By the time he died in 1968, three out of four white Americans disapproved of him. In the wake of his assassination, 31% of the country felt that he “brought it on himself”.

One does not have to reach back into the historical archives to explain why King was so despised. The sentiments that made him a villain are still prevalent in America today. When he was alive, King was a walking, talking example of everything this country despises about the quest for Black liberation. He railed against police brutality. He reminded the country of its racist past. He scolded the powers that be for income inequality and systemic racism. Not only did he condemn the openly racist opponents of equality, he reminded the legions of whites who were willing to sit idly by while their fellow countrymen were oppressed that they were also oppressors. “He who passively accepts evil is as much involved in it as he who helps to perpetrate it,” King said. “He who accepts evil without protesting against it is really cooperating with it.”

. . . .

“The first thing I would like to mention is that there must be a recognition on the part of everybody in this nation that America is still a racist country,” said King days before a white supremacist put a bullet in his face. “Now however unpleasant that sounds, it is the truth. And we will never solve the problem of racism until there is a recognition of the fact that racism still stands at the center of so much of our nation and we must see racism for what it is.”

See how many times someone mentions that quote today.

Oh, wait … King made that speech at Grosse Pointe High School, where Michigan’s Republican-controlled House of Representatives recently passed an anti-CRT bill making it illegal to teach that the “United States is a fundamentally racist country”.

Never mind.

. . . .

**********************
Read the full article at the link.

Like the figure of Christ in Dostoyevsky’s The Grand Inquisitor, if Dr. King returned to earth today he would be imprisoned, interrogated, condemned and permanently banished by the corrupt and cowardly right-wing pols, religious bigots, disingenuous judges, pundits, and others who falsely claim to be honoring his memory and vision of racial equality!

🇺🇸Due Process Forever!

PWS

01-17-22

🤮👎🏽🤡 WOES CONTINUE FOR GARLAND’S “DENY ASYLUM WITHOUT READING THE RECORD” EOIR “COURTS!” — This Time In The “Government-Friendly” 5th Cir!

Kangaroos
“Record, what record? Here at the BIA, we don’t need no stinkin’ record to deny asylum! The assembly line would break down if we took time to look at all the evidence and research the law! It’s about ‘numbers,’ not ‘justice!’”
https://www.flickr.com/photos/rasputin243/
Creative Commons License

Dan Kowalski on LexisNexis:

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/ca5-overlooked-evidence-remand-emmanuel-tata-v-garland-unpub#

CA5 “Overlooked Evidence” Remand: Emmanuel-Tata v. Garland (unpub.)

Emmanuel-Tata v. Garland (unpub.)

“Tarlishi Emmanuel-Tata, a native and citizen of Cameroon, petitions for review of the Board of Immigration Appeals’ decision affirming the Immigration Judge’s denial of his claims for asylum, withholding of removal, and protection under the Convention Against Torture. We GRANT the petition for review and REMAND for further consideration. … Emmanuel-Tata challenges both the BIA’s factual determinations and whether it gave his claims full and fair consideration. We begin by examining Emmanuel-Tata’s argument that the BIA failed to consider all the evidence. This argument relies on a BIA statement that the record “does not contain any country conditions evidence indicating that Anglophones are regularly subject to persecution,” and that “[t]he record does not contain any country conditions evidence indicating the type of punishment the respondent may face as a result of his criminal charges.” There is such evidence, though. … The significance of the overlooked evidence is clear. … Because the BIA erroneously found there was no record evidence about relevant country conditions, Emmanuel-Tata did not receive “meaningful consideration of the relevant substantial evidence supporting” his claims. See Abdel-Masieh, 73 F.3d at 585. We therefore reverse the BIA’s decision. We need not further consider the BIA’s factual determinations. The petition for review is GRANTED and we REMAND to the BIA for further consideration.”

[Hats off to Brian Plotts!  Brian, make a motion to publish!]

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

As any “immigration pro” knows, the DOJ has to work hard to lose immigration cases in the “ultra-conservative” 5th Circuit. But, even judges not very sympathetic to migrants don’t like being “played for fools” by a DOJ where “quality, integrity, and due process” definitely are “NOT job one.”

Highlighting the constant stream of bogus findings, “canned” decisions, ignored records, and chronic contemptuous sloppiness is a great way to for the NDPA to make inroads with even the most unsympathetic Circuit panels. While some Article III judges are willing to overlook the BIA’s endemic shortcomings, hiding behind the “bogus deference” doctrine, they might be less willing to “do the BIA’s dirty work for them.”

“Times are hard

You’re afraid to pay the fee

So you find yourself somebody

Who can do the job for free

When you need a bit of lovin’

‘Cause your man is out of town

That’s the time you get me runnin’

And you know I’ll be around

I’m a fool to do your dirty work

Oh yeah

I don’t wanna do your dirty work

No more

I’m a fool to do your dirty work

Oh yeah”

From “Dirty Work” by Steely Dan (1972)

Listen on Youtube here:  https://m.youtube.com/watch?v=ghcsrblhn7A

Songwriters: Donald Jay Fagen / Walter Carl Becker

Dirty Work lyrics © Universal Music Publishing Group

🇺🇸Due Process Forever!

PWS

01-13-22

⚖️4TH CIRCUIT:  BIA ABUSED DISCRETION, BLEW ANALYSIS, FAILED TO FOLLOW PRECEDENT IN MINDLESS DENIAL OF CONTINUANCE FOR U VISA APPLICANT— Garcia Cabrera v. Garland — A Microcosm Of Garland’s Dysfunctional, Backlog-Building Immigration Courts & His Disgraceful Defense Of The Indefensible In The Article IIIs! — Why Garland’s Inept & Disinterested Performance @ EOIR Is A “Nail In The Coffin” Of American Democracy! ⚰️

Melody Bussey
Melody Busey ESQUIRE
Associate Attorney
Devine & Beard Law Office
Charleston, SC
PHOTO: Devineandbeard.com
Devine & Beard
It should have been a 2-minute “no brainer” administrative closing @ EOIR. Instead, it took two years of tough, smart, dedicated litigation by their firm to get justice in Garland’s broken and dysfunctional “Clown Court” system. But, in the end, Melody Busey, Mark Devine, & Ashley Beard got long-overdue justice for their client by pummeling “Garland’s DOJ Clown-ocracy” in the Fourth Circuit! Should justice in America really be this difficult and uncertain? Garland seems to think so! — Mark J. Devine & Ashley R. Beard
Principal Partners
Devine & Beard Law Office
Charleston, SC
PHOTO: Devineandbeard.com

https://www.ca4.uscourts.gov/opinions/201943.P.pdf

Garcia Cabrera v. Garland, 4th Cir., 01-06-21, published

PANEL: MOTZ, QUATTLEBAUM, and RUSHING, Circuit Judges.

OPINION: Judge Motz

CONCURRING OPINION; Judge Rushing

KEY QUOTE:

In sum, we hold that the BIA and IJ abused their discretion in denying Garcia

Cabrera’s motion for a continuance. Both the BIA and IJ departed from the established policies set forth in precedential opinions in holding that Garcia Cabrera failed to show good cause. Under Matter of L-A-B-R-, the BIA and IJs must consider two factors above all others: (1) the likelihood that USCIS will grant the movant’s U visa application, and (2) whether a U visa would materially affect the outcome of the movant’s deportation proceedings. 27 I. & N. Dec. at 406. Both of these factors weigh in Garcia Cabrera’s favor. The BIA recognized the existence of these factors but failed to consider whether or how they applied, focusing solely on less significant secondary factors. And although the IJ did address the primary factors, he nonetheless abused his discretion by failing to recognize that a U visa would materially affect the outcome of the deportation proceedings.

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

Many, many congrats to NDPA stars Melody Busey, Mark J. Devine, and Devine & Beard Law Office in Charleston, SC, for their perseverance and outstanding advocacy in this case! As I’ve said before, it’s painfully obvious (to anyone but Garland and his team) that the wrong folks are on the bench and in key policy positions at EOIR!

Notably, this decision comes from an ideologically diverse 4th Circuit panel with two Trump appointees. Clearly, this panel took more time to understand the record and carefully and correctly analyze the applicable law and policy considerations than did the “faux experts” at EOIR, at either the trial or appellate levels! 

Although I don’t always agree with Judge Rushing, her concurring opinion here shows that she took the time to carefully read the record, understand the applicable law, and clearly explain her position in straightforward, understandable terms. In other words, she treated this case like the important life or death matter it is, rather than “just another immigration case on the assembly line.” And, that led her to get the “bottom line” right. That’s a degree of judicial professionalism that we seldom, if ever, see from Garland’s EOIR these days.

That we get better performance on immigration cases from some Trump appointees on the Article IIIs than from Garland’s “wholly-owned EOIR” shows the total disconnect in the Biden Administration’s approach to the ongoing, unmitigated disaster unfolding every day in our broken and dysfunctional Immigration Courts. Unlike the Article IIIs, the Immigration Courts, now sporting an astounding, largely self-created 1.5+ million and growing case backlog, are a “wholly owned subsidiary” of the Administration and Garland’s DOJ!

When you’re in an EOIR “programmed to deny” by White Nationalist nativist overlords like Sessions, Barr, and Miller, you do dumb things and churn out sloppy work. 

Indeed, “virtual discussion” of this case spurred some “PTSD” recollections by NDPA  attorneys of other horrible, lawless decisions by this particular Immigration Judge, who never should have been on the bench in the first place. Incredibly, this judge, a member of the disgraceful “90% Denial Club” that has helped create disgusting “Asylum Free Zones” at EOIR throughout America, was appointed by the tone-deaf Obama Administration! 

The idea that there weren’t better-qualified candidates out there at the time in private practice, the NGOs, clinical education, or even the government is simply preposterous! Failure of Dems to realize the progressive potential of the Immigration Courts has a long and disreputable history! Indeed, EOIR under Garland looks and performs disturbingly similar to EOIR under Miller, Sessions, and Barr!

While this particular IJ has retired, too many other unqualified judges appointed in the past under selection systems stacked against outside advocates and experts remain on the bench, at both the trial and appellate levels, under Garland.

Here’s part of the “Garland Tragedy/Missed Opportunity.” He actually has at least a few folks among his judiciary ranks who have experience and actually understand U visas and how to deal properly, justly, and efficiently with them. I guarantee that none of them would have come up with this inane and wasteful performance of judicial ineptitude and, frankly, anti-immigrant bias!

Why aren’t those folks “running the show” on the BIA, rather than the “deny anything for any reason” holdover gang that (save for Judge Saenz) Garland has “adopted as his.”  Excluding Judge Saenz, I doubt that collectively the appellate judges on the BIA have ever handled a U visa case for an applicant. They are blissfully clueless as to both the practical stupidity and traumatic human consequences of the horrible decision-making exhibited at both the trial and appellate levels in this debacle! What’s a wrong with this bizarre picture of Dem incompetence and malfeasance?

Interesting that White Nationalist xenophobes like Sessions, Barr, and Miller had no problem whatsoever using their positions to further lies and myths about asylum seekers and other migrants and acting to weaponize the Immigration Courts (including “packing”them with unqualified and questionably qualified judges, unfairly selected) against individuals and their lawyers seeking justice (following eight years of indolent mismanagement of EOIR by politicos in the Obama DOJ which “teed EOIR up” for Trump and Miller).

By contrast, Dems appear afraid to speak out and act with resolve and purpose on due process, fundamental fairness, human rights, impartial professional expert judging, and human dignity — at our borders and in our Immigration Courts. Why? 

Is is because deep down they don’t really believe in racial justice and equal justice for all? Because they can’t accept the humanity of migrants? Why is Garland still carrying out many of Stephen Miller’s White Nationalist policies and using a “court system” unfairly “packed” with those selected because they were perceived to be willing to carry out the Trump/Miller White Nationalist, anti-immigrant agenda?

More than nine months after taking over at “Justice,” why is Garland still defending clearly wrong, counterproductive, and frivolous EOIR decisions like this? Why should simple justice for migrants require a two-year battle by members of the NDPA to be realized? 

And, I daresay that there are other panels, in other Circuits, that would have “rubber-stamped” EOIR’s errors. Lack of professionalism and judicial expertise at EOIR, promoted and defended by Garland, breeds wildly inconsistent results and turns justice in life or death cases into a “crap shoot.” That undermines and builds contempt for the entire Federal Justice System and exposes deep flaws at the DOJ that Garland has ignored!

In a functioning system, this case involving someone who is prima facie qualified to remain in the US: 1) should never have been brought by DHS, and 2) if brought, should have been promptly administratively closed or terminated without prejudice by EOIR. A competent judge might also have considered sanctioning DHS counsel for pushing ahead with this case with no justification whatsoever. In other words, conducting frivolous litigation!

That’s how you: 1) cut cases that don’t involve legitimate enforcement issues from the intentionally bloated EOIR docket; 2) reduce incredible, largely self-created backlogs; 3) hold DHS accountable for wasting court time; 4) deliver a long overdue “shape up or ship out” message to poorly performing Immigration Judges (like those in this case) at both the trial and appellate levels; 5) promote consistency and equal justice for all; 6) end the reprehensible practice of “Aimless Docket Reshuffling” at EOIR; and 7) stop wasting the time of the Article IIIs by defending garbage like that churned out at both the IJ and BIA level here!

Garland has demonstrated cluelessness, timidity, and intransigence in all of the foregoing essential areas of long overdue radical, yet common-sense and basically “no brainer,” progressive reforms at EOIR! You can’t get there with the current, holdover BIA! That’s as clear today as it was the day Garland was sworn in as AG.

The Biden Administration’s gross failure to bring progressive leadership, scholarship, competency, quality, and professionalism to a poorly performing, dysfunctional EOIR is corroding our justice system! Seems like an incredibly bad stance for an Administration claiming to be the “last best hope” for preserving American democracy, heading into midterms with a significant portion of its reliable progressive base angry and turned off by its contemptuous mal-performance on immigration, human rights, racial justice, and EOIR reforms! 

Sometimes, just asking for financial support and votes isn’t enough! You have to earn it with bold actions! 

🇺🇸Due Process Forever!  

PWS

01-08-21

🤡📺 “MUST SEE TV” FOR ATTORNEY GENERAL MERRICK GARLAND & HIS SENIOR STAFF! — YouTube Proudly Presents “Immigration Court, May I Help You?” — A Tragicomic Saga Of Enhanced Aimless Docket Reshuffling!

https://www.youtube.com/watch?v=RxFDdu_DbOY

As my friend and Round Table colleague “Sir Jeffrey” Chase quipped: “Sadly, funny because it’s so true!”

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

Compare and contrast what happens to a respondent who fails to appear for a hearing after receiving defective “notice” with what happens when EOIR and DHS “FTA” for a properly scheduled hearing, often with NO (or only brief) notice. 

Ivory Towerists like Garland and his crew wouldn’t last 60 days “in the trenches” of our disgraceful Immigration (Non) “Courts!” How many times do you think the “Garlands of the world” would put up with being yelled at and demeaned by bad judges and burned out clerks? Having their cases that they have meticulously prepared and sweated over rescheduled without notice for no good reason! Dealing with traumatized clients and scared witnesses for whom a day off for court isn’t covered by “personal leave” but could actually cost them their job? 

Allowing “elite ivory towerists,” who have never been subjected to Immigration Court, and who know and care little or nothing about what happens there and how it affects humanity, to run it is killing our justice system! ☠️💀⚰️ Literally!

Elizabeth Preloger
“Sorry, Liz, all of your cases have been reshuffled to October Term 2025. Notice, what notice?”PHOTO: Twitter

What if the Solicitor General, Elizabeth Prelogar arrived at the Supremes, family, spear carriers, fan club, and press flackies in tow, only to find out that her “high profile” case had been “reset” to October Term 2025 without notice because the Chief Clerk (NOT the Chief Justice) had “re-prioritized” the docket?

Folks, I’m retired. I have no intention of ever appearing in Immigration Court again. I don’t have to rely on practicing law any more to feed my family and pay my bills.

But, whether you practice immigration law or not, the younger generation of our legal profession has a vested interest in stopping the ludicrous public degrading of justice in our totally dysfunctional and fundamentally unfair Immigration “Courts.” Injustice to one affects justice for all, to quote or paraphrase MLK, Jr.

YOU, the lawyers of the future, must demand and pressure Garland until he stops treating the most important “retail level” of our justice system — one he completely controls and where lives are on the line every hour of every working day — as a “comedy routine” rather than a serious court of law!

Otherwise, by the time you are my age, there will be no legal system left in America and quite possibly no democracy either! 

Yes, folks, it can happen here! Each of YOU could be treated as a “non-person” without humanity or enforceable rights, just like migrants and minorities are being treated today by the arrogant elitists who have been allowed to control our legal system.

Garland might think it’s smart, or even funny, to run the Immigration Courts like a joke. But, those tens of thousands, perhaps millions, whose lives are destroyed by his incompetent leadership and tolerance for the intolerable are not laughing! Nor are the lawyers who are fighting in the trenches to save lives and or preserve our democracy! 

🇺🇸 Due Process Forever!

PWS

12-16-21

 

🤮SOME THINGS NEVER CHANGE:  TRAC SAYS UNDER GARLAND EOIR JUVENILE DATA REMAINS BADLY FLAWED, UNUSABLE!  — “EOIR has continued to ignore its growing data management problems.” — Duh!

Alfred E. Neumann
Garland doesn’t worry about the mess at his EOIR. He leaves the worrying to EOIR’s long-suffering, frustrated, and angry “customers!” PHOTO: Wikipedia Commons

 

Transactional Records Access Clearinghouse

Immigration Court’s Data on Minors Facing Deportation is Too Faulty to Be Trusted

After careful analysis and consideration, TRAC is forced to suspend its publication of data on juveniles facing deportation in Immigration Court due to serious, unresolved deficiencies in the EOIR’s data. TRAC’s analyses indicate that the data used by the Immigration Court for tracking and reporting on juveniles who are facing deportation appear to be seriously flawed to the point that we question whether the agency has the ability to meaningfully and reliably report on juveniles in its caseload.

We wrote to EOIR’s Acting Director Jean King on September 22, 2021 to share TRAC’s findings, request feedback from the agency, and offer to share additional details to support the agency’s efforts to identify and resolve the issues. TRAC did not receive any response to that letter. We wrote to the EOIR again on October 15, 2021, this time to Director David Neal who had subsequently been appointed as EOIR’s permanent director by Attorney General Merrick Garland. We reiterated our initial concerns, but TRAC did not receive a response to that letter either.

TRAC is now regretfully withdrawing its own Juvenile App since EOIR’s data are too flawed to be used. Because these significant data problems arose only at the time EOIR implemented a series of changes in the latter part of 2017 impacting how unaccompanied juveniles were tracked, the results compiled before these changes occurred will be retained online for use in historical research.

The Immigration Court’s failure to respond to or address TRAC’s findings of significant data quality issues regarding minors is particularly concerning given the highly sensitive nature of children facing deportation. This data quality problem on tracking juvenile cases adds to EOIR’s earlier refusal to address data quality issues regarding asylum cases that continue to disappear from the agency’s master database which it relies on to manage its workload. Furthermore, TRAC recently uncovered additional data problems leading EOIR to falsely report its asylum backlog had allegedly declined this past year when in fact the backlog had markedly grown.

Taken individually, each specific issue is significant and noteworthy in its own right. But taken together, these now multiple unresolved data quality issues are compounding upon each other. TRAC has repeatedly offered to work with the EOIR to aid the agency as it seeks an understanding of the problem and a meaningful solution—yet thus far EOIR has continued to ignore its growing data management problems.

The public should be increasingly troubled by the indifference that the Immigration Courts have shown to these issues and should push for improved transparency and accountability.

For further information about the problems in the Court’s juvenile data go to:

https://trac.syr.edu/immigration/reports/669/

David Burnham and Susan B. Long, co-directors
Transactional Records Access Clearinghouse
Syracuse University
601 E. Genesee Street
Syracuse, NY 13202-3117
315-443-3563
trac@syr.edu
https://trac.syr.edu

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

Bogus data “supporting” false claims! Institutionalized sloppiness! Serious legal mistakes! Wildly inconsistent application of basic legal principles and standards! Chronic mismanagement! Backlogs on steroids! Lack of public responsiveness! Wrong personnel in the wrong jobs!

That’s “Garland’s EOIR!” To put it charitably, it’s a godawful mess and a festering cancer on our entire legal system!

Charles Dickens
Charles Dickens would have loved writing about EOIR — the modern day reincarnation of the Court of Chancery from Jarndyce v. Jarndyce!
Public Realm

EOIR is like something out of a Charles Dickens novel! But, it’s a harsh reality for the immigrants, families, and advocates subjected to this publicly financed hotbed of incompetence, indifference, and ineptness!

Obviously, running EOIR in even a minimally competent level is beyond Garland’s skill set and below his interest level! Stunningly, our Attorney General is unbothered by having legal “work product” that would embarrass any self-respecting L-1 churned out in his name by his “delegees.” Feeding false and misleading information to the public? Just “another day at the office” @ Garland’s EOIR!

Where’s the Congressional oversight? Where’s Article I? 

🇺🇸Due Process Forever!

PWS

12-04-21

🌎ENVIRONMENTAL REFUGEES ARE ENTITLED TO PROTECTION — BIDEN ADMINISTRATION RECOGNIZES PROBLEM, BUT FAILS TO ACT ACCORDINGLY — Bannon & Far Right Neo Fascists 🏴‍☠️ Plan To Leverage Lies, Hate, Fear, & Loathing To Destroy Civilization! ☹️ — Round Table’s 🛡⚔️ Jeffrey Chase & The Guardian’s 🖋 Zoe Williams Sound The Alarm!⏰

https://www.jeffreyschase.com/blog/2021/11/22/white-house-issues-report-on-climate-change-and-migration\

JEFFREY S. CHASE | OPINIONS/ANALYSIS ON IMMIGRATION LAW

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White House Issues Report on Climate Change and Migration

On October 21, the White House issued a Report on the Impact of Climate Change on Migration which contains a few noteworthy passages relating to the law of asylum.

On page 17, the White House report acknowledges that existing legal instruments for addressing displacement caused by climate change are limited.  Encouragingly, the report advises that “the United States should endeavor to maximize their application, as appropriate” to such displaced individuals.

The report next cites both the 1951 Refugee Convention and the 1967 Protocol and their application to climate-induced displacement, referencing recent UNHCR guidance on the topic.  The report then offers three examples in which climate change issues might arise in the asylum context.

First, the report recognizes that where “a government withholds or denies relief from the impacts of climate change to specific individuals who share a protected characteristic in a manner and to a degree amounting to persecution, such individuals may be eligible for refugee status.”

Secondly, the report acknowledges that “adverse impacts of climate change may affect whether an individual has a viable relocation alternative within their country or territory.”  This language relates to the regulatory requirement that in order to have a well-founded fear of persecution, an asylum applicant could not avoid persecution by relocating within their country of nationality “if under all the circumstances it would be reasonable to expect the applicant to do so.”1

The applicable regulations instruct that:

adjudicators should consider, but are not limited to considering, whether the applicant would face other serious harm in the place of suggested relocation; any ongoing civil strife within the country; administrative, economic, or judicial infrastructure; geographical limitations; and social and cultural constraints, such as age, gender, health, and social and familial ties. Those factors may, or may not, be relevant, depending on all the circumstances of the case, and are not necessarily determinative of whether it would be reasonable for the applicant to relocate.2

While the regulatory language is broad and non-exhaustive, the specific mention of climate change factors in the White House report is most welcome, as such circumstances might not otherwise jump out at immigration judges and asylum officers as being relevant to the relocation inquiry.

Thirdly, the White House report states that “[c]limate activists, or environmental defenders, persecuted for speaking out against government inaction on climate change may also have a plausible claim to refugee status.”

Although not specifically cited in the White House report, UNHCR issued guidance on the topic in October 2020.3  Practitioners should file both the White House report and the UNHCR guidance with EOIR and DHS in appropriate cases, as the latter clearly served as an influence for the former, and provides greater detail in its guidance.4  For instance, in discussing how climate change factors can influence internal relocation options, the UNHCR document at paragraph 12 makes clear that the “slow-onset effects of climate change, for example environmental degradation, desertification or sea level rise, initially affecting only parts of a country, may progressively affect other parts, making relocation neither relevant nor reasonable.”  This detail not included in the White House report is important; it clarifies that the test for whether relocation is reasonable requires a long view, as opposed to limiting the inquiry to existing conditions, and specifically flags forms of climate change that might otherwise escape an adjudicator’s notice.

Also, in paragraph 10, the UNHCR document’s take on the White House report’s third example is somewhat  broader, stating that “[a] well-founded fear of being persecuted may also arise for environmental defenders, activists or journalists, who are targeted for defending, conserving and reporting on ecosystems and resources.”5  UNHCR’s inclusion of journalists as potential targets, and its listing of “defending, conserving, and reporting” as activities which a state might lump into the category of “speaking out” and use as a basis for persecution, should be brought to the attention of adjudicators.

Given how early we are in the process of considering climate change issues in the asylum context, the above-cited language in the White House report is important, as it provides legitimacy to theories still unfamiliar to the ears of those adjudicating, reviewing, and litigating asylum claims.  It is hoped that EOIR and DHS will immediately familiarize its employees who are involved in asylum adjudication with the report.  And as EOIR and DHS consider next steps in developing guidance and training, it is hoped that they will consider a collaborative approach, including in the discussion those outside of government who have already given the topic a great deal of thought.6

Copyright 2021 Jeffrey S. Chase.  All rights reserved.

Notes:

  1.  8 CFR 208.13(b)(2)(ii).
  2. Id.
  3. UN High Commissioner for Refugees (UNHCR), Legal considerations regarding claims for international protection made in the context of the adverse effects of climate change and disasters, 1 October 2020, https://www.refworld.org/docid/5f75f2734.html, at para. 12.
  4. Although UNHCR’s views on interpreting the 1951 Convention and 1967 Protocol are not binding on the U.S. Immigration Courts, they have been found by the BIA to be “useful tools in construing our obligations under the Protocol.”  Matter of Acosta, 19 I&N Dec. 211 (BIA 1985).  See also INS v. Cardoza-Fonseca, 480 U.S. 421, 438-39 (1987).
  5. Id. at para. 10.

See, e.g. “Shelter From the Storm: Policy Options to Address Climate Induced Displacement From the Northern Triangle,” https://www.humanrightsnetwork.org/climate-change-and-displaced-persons.

NOVEMBER 22, 2021

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The Need For Full-Fledged Asylum Hearings

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Jeffrey S. Chase is an immigration lawyer in New York City.  Jeffrey is a former Immigration Judge and Senior Legal Advisor at the Board of Immigration Appeals.He is the founder of the Round Table of Former Immigration Judges, which was awarded AILA’s 2019 Advocacy Award.Jeffrey is also a past recipient of AILA’s Pro Bono Award.He sits on the Board of Directors of the Association of Deportation Defense Attorneys, and Central American Legal Assistance.

Audio by websitevoice.com

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https://www.theguardian.com/commentisfree/2021/nov/11/climate-refugees-far-right-crisis?CMP=Share_iOSApp_Other

Failing to plan for climate refugees hands a cheap victory to the far right

Zoe Williams

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The climate crisis could cause mass displacement as land is left uninhabitable – nations have to work together to plan for this

Thu 11 Nov 2021 03.00 EST

Last modified on Thu 11 Nov 2021 03.02 EST

As scientists wrestle to predict the true impact and legacy of Cop26, one speech, given at a rally organised by Global Justice Now, insisted upon a perspective not data-driven but moral. Lumumba Di-Aping, a South Sudanese diplomat and former chief negotiator for the G77, said: “The first resolution that should be agreed in Glasgow is for annex I polluters to grant the citizens of small island developing states the right to immigration.”

It was a tactful way of putting it: annex I nations are those with special financial responsibilities in tackling the climate crisis. They have these special responsibilities because their early industrialisation created so much of the carbon burden. A more pugilistic diplomat might have said “the people who created this disaster have to offer sanctuary to those displaced by it”, but then, he wouldn’t be a diplomat.

Di-Aping went on to note article 3 of the UN Universal Declaration of Human Rights: “Everyone has the right to life, liberty and security of person.” “Small island states,” he concluded, “should not be drowned alive like Zealandia.”

. . . .

As old debates around the climate crisis and whether or not it is anthropogenic give way to consensus, new ambiguities and uncertainties are constructed around refugees: can they really be called the victims of environmental degradation? We will grapple with any other explanation – they’re actually economic migrants, or they’re the victims of civil strife, or they fell foul of a dictatorship, the one-bad-man theory of geopolitics – rather than trace these proximal causes back to their roots. Most political efforts, currently, are geared towards building a positive picture of a sustainable future; the alternative is despair or denial, neither of which are generative forces for change. A coherent, practical plan detailing the probable scale of displacement and figuring out a just distribution of the climate diaspora will look radical and unsettling.

One group is extremely comfortable on that territory, however: the far right. Steve Bannon sent a chill down the spine in 2015 when he talked about a “Camp of the Saints-type invasion into … Europe”. He made the reference again and again, until finally onlookers were forced to read the source: Jean Raspail’s racist novel of 1973, which one contemporary reviewer called “a major event … in much the same sense that Mein Kampf was a major event”. The title comes from a passage in the Book of Revelation about the coming apocalypse – civilisation collapses when the hordes arrive from the four corners of the Earth to “surround the camp of the saints and the beloved city” – and Raspail took up the idea; it was inevitable, he said, that “numberless disinherited people of the south would set sail one day for this opulent shore”.

Through Bannon and others, this idea has replicated, mutated and engulfed others, to become the “great replacement theory” of white supremacists, which Paul Mason describes in his recent book How to Stop Fascism as the toxic political view that “immigration constitutes a ‘genocide’ of the white race”. Feminists help it along by depressing the birth-rate, and cultural Marxists bring the mood music, by supporting both migrants and feminists.

Other far-right movements are sucked into the vortex of this wild but coherent theory, and yet more are spawned or shaped by it: the cosmic right (embodied in Jake Angeli, the QAnon figure in the animal-skin cap who stormed the Capitol in January, then went on hunger strike in prison because the food wasn’t organic), or the eco-minded white supremacists who make this explicit – you can be a humanitarian or an environmentalist. Choose one.

As fanciful and irrational as many far-right arguments are, they have a rat-like cunning. They find these spaces that are untenanted by mainstream debate – there will be climate refugees and they must be accommodated – and they run riot in them. Nations who ignore Lumumba Di-Aping aren’t doing anything to avert the consequences he describes: their silence merely creates an open goal for the professed enemies of a peaceful and prosperous future.

  • Zoe Williams is a Guardian columnist

*********

Read Zoe’s complete article at the link.

Usually White House Reports and other quasi-academic “White Papers” produced  at public expense are accompanied by major press releases and momentary hoopla. Then, they are rapidly consigned to the “Dustbin of History.”

They are widely ignored by politicos and bureaucrats who all too often are pursuing policies with little or no empirical basis, but designed to appease or “fire up” some voting block or to further the institutional self-preservation upon which bureaucracies thrive, expand, and prosper, even at the expense of the well-being of the governed!

This report, however, is one that deserves to be the basis for policy action! Too bad it isn’t!

Obviously, an Administration that failed to restore existing refugee and asylum systems, continues to subject migrants to due process denying “star chambers,” thinks “die in place” is an acceptable and effective refugee policy, and wrongly views asylum as a “policy option” rather than a well-established legal and human right, is playing right into the hands of Bannon, Miller, and their 21st Century nihilist movement! It’s also an Administration that didn’t learn much from World War II and the Cold War.

And, on future inevitable and predictable forced migrations, the world isn’t going to get much leadership from a rich nation that can’t even deal fairly, generously, and efficiently with today’s largely predictable, potentially very manageable, refugee situations. Many are situations that our nation either created or played a significant role in creating. See, e.g., environmental migration.

There is actually “room at the inn” for everyone and creative ways for nations to work together to resettle refugees of all types while prospering and working together for the benefit of humanity. Sure, they contradict the nationalist myths upon which many past and current refugee and migration restrictions are based.

Clearly, the realistic, constructive, humane solutions necessary for survival aren’t going come from the racist far right! And, currently the Biden Administration’s failure to stand up for the legal, moral, and human rights of asylum seekers and other referees isn’t doing the job either! Constructive, democratic, moral leadership and courage, oh where, oh where, have you gone?

We can’t deport, imprison, prosecute, wall, threaten, mythologize, abuse, and hate our way out of forced migration situations. It’s going to take dynamic, courageous folks who can get beyond past failures and lead the way to a better future for humanity!

🇺🇸Due Process Forever!

PWS

11-24-21

🗽COURTSIDE’S INSTANT ANALYSIS: BIDEN’S PROPOSED ASYLUM REGS: Advocates Beware! ⚠️☹️ — Despite A Potentially Workable Framework, Administration’s Inconsistency On Human Rights, Lack Of Realistic Implementation Plan Led By Progressive Asylum Experts, Absence Of EOIR Judges Qualified To Fairly & Efficiently Decide Asylum Cases, & A BIA Completely Unsuited To  Establishing Favorable Asylum Precedents & Holding “Asylum Deniers Club” Accountable Likely To Derail System In Practice & Lead To Further Chaos & Injustice 🏴‍☠️ — You Don’t Entrust “The Gang That Can’t Shoot Straight” With A New Program That Requires “Expert Marksmanship” To Succeed! — “Casey” Remains Perplexed By The Biden Administration, Particularly Garland!

Amateur Night
Garland’s Unwillingness To Install Progressive Competence @ EOIR Continues to Drag Down the Ship Of State! 
PHOTO: Thomas Hawk
Creative Commons
Amateur Night

Here’s a link to the Notice of Proposed Rulemaking, courtesy of Dan Kowalski over at LexisNexis Immigration Community:

https://public-inspection.federalregister.gov/2021-17779.pdf

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

And, here’s my “quick take:”

At first glance, this could potentially be a workable system, with some favorable aspects:

* Restores properly generous credible fear standard;

* Allows AO to grant well-established cases in first instance, even at the credible fear level, without referral to EOIR;

* Retains EOIR review of both credible fear and asylum denials;

* Doesn’t appear to affect pending and affirmative cases;

* Retains access to Circuit review of denials.

But, as with most things, the devil 👹 is in the details. And, personnel, leadership, direction, and accountability are absolute keys to success.

Without:

1) More and better Asylum Officers;

2) Far better training at the AO and EOIR (see, Michele Pistone);

3) Better IJs with proven expertise in asylum law and a demonstrated willingness to grant relief to worthy cases;

4) An entirely new BIA of progressive asylum experts to provide leadership, positive precedents, and accountability for both credible fear reviews and de novo asylum reviews;

5) An agreement with the private bar as to where and on what schedule these cases are to be heard, to achieve universal representation (see, Michele Pistone and VIISTA); and

6) Agreements with NGOs re housing, care, employment assistance to take pressure off particular communities;

this proposal appears to be “headed for failure.”

I can’t glean any of those essential characteristics from this NPR.

In their absence:

1) There are likely to be huge discrepancies in AO decisions;

2) Many current IJs, particularly from border areas, will simply “rubber stamp” both credible fear and asylum merits denials from the AO to keep the EOIR dockets moving and “make quota” (Lucas Guttentag, where are you?);

3) “Rubber stamping” of asylum denials is also endemic at the BIA, as currently comprised;

3) The current BIA will be reluctant to issue positive asylum precedents (not sure they even know how or have the ability to do so) and will likely concentrate on instructing AOs and the IJs on how to deny asylum or credible fear and have it stand up on review;

4) The private bar will be unable to keep up with the pro bono demand, causing many applicants to be unrepresented or underrepresented;

5) Asylum applicants will be concentrated in particular communities, often near the border, who will complain about the burdens being inflicted upon them by the Feds.

In other words, without better, expert, progressive leadership at both DHS and DOJ, and without major changes in personnel and training, this program will rapidly become a disaster, like other “streamlining” efforts that do not deal realistically with the practical aspects of implementation, particularly the qualifications, attitude, “culture,” and training of those making the actual decisions! A continuing lack of progressive leadership and expertise at the “retail level” will likely lead to widespread injustice, inconsistency, and eventually protracted litigation.

I am also concerned that the NPR appears to take the current 1.4 million case EOIR backlog (actually under-stated in the NPR as 1.3 million — Garland has grown it almost as rapidly as Barr-Sessions) as a “given.” But, there are readily available ways to dramatically slash this backlog by perhaps as much as 90% (see, Chen & Moskowitz plan) which would allow both IJs and the BIA to work on these cases “in real time” WITHOUT creating yet more “Aimless Docket Reshuffling” at EOIR (as the NPR, without the changes outlined above, is highly likely to do).

Casey Stengel
“Like the rest of us, Casey has no idea what Judge Garland is doing and what he hopes to achieve in his Star Chambers!”
PHOTO: Rudi Reit
Creative Commons

This leads me to reiterate Casey’s cosmic question: “Can’t anybody here play this game?” Ironically, there are many “all-star players” out here in the real world who can and would be “winners.” But, for whatever reason, to date, this Administration has unwisely chosen to leave most of them “on the sidelines” rather than giving them bats and gloves and putting them in the game. ⚾️ That’s painfully obvious at DOJ! Not a recipe for a “winning campaign” in my “preseason prediction.”

🇺🇸DPF,

Best,

PWS

08-18-21