👍IT’S A START, BUT STILL A LONG, LONG WAY TO GO: House-Passed Bill To Begin Removing The Stain Of Trump’s White Nationalism Is Also A Long-Overdue Exposure & Put Down Of Roberts’ Court’s Abject Failure To Stand For Equal Justice For All & Against Trump’s Overtly Unconstitutional Bigotry & “Dred Scottificaton” Of The Other!  

 

https://www.washingtonpost.com/opinions/2020/07/23/house-votes-remove-moral-stain-trumps-immigration-policies/

Jason Rezaian writes in WashPost:

In 2016, presidential candidate Donald Trump pledged sweeping changes to immigration policy. As president, Trump has succeeded — despite a broad public outcry and many legal roadblocks — in implementing many of his proposed restrictions through a series of executive orders.

Now Congress is pushing back. On Wednesday the House passed the No Ban Act, legislation introduced last year by Sen Chris Coons (D-Del.) and Rep. Judy Chu (D-Calif.). The act aims to repeal Trump’s ban on arrivals from majority-Muslim countries and prevent future presidents from issuing discriminatory bans on foreign nationals or followers of specific religions.

“Throughout the history of the U.S., we’ve had a series of tragic nativist chapters in our history,” Coons told me this week. “Did I think we’d be facing another one? No. But when Donald Trump announced his candidacy, I remember thinking I am so glad I live in a country where a man like this couldn’t be president. I was wrong, and we’ve seen how damaging that has been.”

In recent months, the novel coronavirus pandemic, the associated economic downturn, and protests over police killings of African Americans have diverted public attention from Trump’s immigration policies. But they must not be forgotten.

Trump’s plans for an immigration ban have inspired widespread outrage. Some dismissed Trump’s words as empty threats, noting that they were probably unconstitutional. But Trump pressed ahead as soon as he took office.

The first iteration of what became known as the Muslim ban halted entry into the United States of citizens from seven countries, five of which are majority-Muslim.

Since then we’ve watched as immigration officials have separated kids from their parents in detention centers, with at least one of them dying in custody. The images of children in cages provoked an intense backlash and could end up costing Trump at the polls — to the extent that his policies have led his own voters, especially college-educated white Republican women, to question his xenophobic and racist policies.

. . . .

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

Read the rest of Jason’s op-ed at the above link.

Somewhat like Sen. Coons, I originally thought that there would be some institutional integrity and moral courage even among the more conservative members of our Judiciary, particularly among the Supremes. After all, there have been at least a few times in our history when judges across the ideological and political spectrum have stood together against the evils of racism, religious bigotry, and hate.

It’s not like Trump, Miller, Bannon, Sessions, Ross, and their hate-mongering cronies were ever particularly subtle about their invidious intent (although, to be fair, I was at the very beginning willing to give Sessions “the benefit of the doubt,” until I saw that his assurances to the Senate were lies under oath in the face of the deep moral corruption and bigotry that infected his whole being).

Boy was I wrong! Right from the git go, even with the advantage of clear evidence of invidious intent, ridiculously transparent and overtly dishonest “pretexts,” (some publicly contradicted by Trump in mid-stream) and the vast majority of lower Federal Court Judges pointing the way with cogent opinions standing up to the Trump charade and endless parade of hate, the Supremes majority tanked. Where the rights of “the other” particularly Muslims and persons color are concerned, they fully embraced Trump’s unconstitutional and tyrannical program of hate and bias thinly disguised as legitimate exercises of Executive Power.  They became willing “Dred Scottifiers!”

Perhaps just as seriously, the Supremes’ “normalized” demonstrable lies, false narratives, and dishonesty as attributes that were to be expected and tolerated from our Chief Executive. What a crock! Ordinary persons are held to basic standards of honesty and candor when dealing with the Government and with Government tribunals. But the President is above it all. While, later on, the Supremes fecklessly claimed that “nobody is above the law,” their actions have shown a disturbing and intellectually dishonest unwillingness to require Trump and his regime to comply with the basics of the rule of law and to act with even a minimal level of candor and honesty.

We can’t vote the “JR Five” out of their lifetime sinecures. But, our democracy does enable us to take the actions necessary to insure that folks like the “JR Five” and other Federal Judges who embrace racism, bigotry, and political corruption over the “equal justice and real due process for all persons” required by our Constitution are not selected to serve in the future in positions requiring legal experiences and moral qualifications that they so obviously lack.

Better judges for a better America. This November, vote like the future of humanity depends on it. Because it does!

 

Due Process Forever!

 

PWS

 

07-23-20

 

 

🤮👎☠️SCREWED:  ICE, Advocates, Judge Conspiring To Sell Out Refugee Kids & Families To Illegal Racist Scheme Called “Binary Choice” To Disguise Invidious Intent!

Michelle Hackman
Michelle Hackman
Immigration Reporter
Wall Street Journal
Alicia A. Caldwell
Alicia A. Caldwell
Immigration Reporter
Wall Street Journal

https://apple.news/A4SQ_qG_DSme90hH0KK4C4g

 

Michelle Hackman and Alicia Caldwell report for the WSJ:

 

WASHINGTON—The Trump administration is nearing a deal with some immigrant advocates that would present a choice to jailed parents fighting denial of asylum: let their children be released without them or remain detained together indefinitely, according to federal court filings and lawyers for the children.

The deal is being negotiated between U.S. Immigration and Customs Enforcement and attorneys representing roughly 100 children in detention, a development that has divided the pro-immigrant advocacy community.

If enacted, the “binary choice” plan, as it is known, would realize a long-sought goal by the Trump administration not to release immigrant families seeking asylum together in the U.S. Many of these families report fleeing gang violence, poverty or corruption in Central American countries. The plan would allow parents to choose between releasing their children to relatives in the U.S. or long-term foster care, or keeping their families in detention, waiving rights given to the children under a 23-year-old court settlement.

That settlement, known as the Flores agreement, requires ICE to release migrant children in its custody, not entire families, though past administrations, including the Trump administration until last year, largely complied with it by releasing children together with their parents.

Most immigrant advocates oppose “binary choice,” arguing it is tantamount to a new family separation policy, akin to a policy the administration adopted briefly in 2018 to prosecute all adults crossing the border illegally. The policy resulted in children being taken away from those adults. The government halted those family separations after a broad bipartisan outcry, though it has been looking for other ways to deter migrant families from seeking asylum ever since.

“Asking a parent to choose between indefinite detention in a place where there is already a Covid outbreak and being separated from your child for an undetermined length of time, that is a coercive situation,” said Stephanie Alvarez-Jones, a staff attorney with Proyecto Dilley, which provides legal representation to families at the South Texas Family Residential Center in Dilley, Texas.

The lawyers working with ICE, who represent the children in continuing enforcement of the Flores agreement, say they are left with little choice and aim to protect the best interests of the migrant children.

“By negotiating, we’ve been able to substantially lessen the harshness of ICE’s proposal,” said Peter Schey, president of the Los Angeles-based Center for Human Rights and Constitutional Law, which has managed the Flores Agreement.

ICE declined to comment on the details of the case, citing the pending litigation.

 

. . . .

 

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

Those with full WSJ access can read the complete article at the link.

It’s not rocket science. “Binary choice” is nothing but a racist scam designed by Stephen Miller and other White Nationalists in the regime primarily to punish asylum seekers of color and their children for seeking legal protection, to traumatize and duress them into giving up potentially valid claims, to inflict lasting psychological harm on non-white populations, and to serve as an example and deterrent to others who might dare to exercise their legal rights in the face of tyranny by a racist Executive. All of the foregoing are in clear violation of the 5th, 8th, and 14th Amendments to the U.S. Constitution, not to mention our asylum statutes and international instruments to which we supposedly are party. You don’t need a law degree to figure that out.

Those who have engineered, furthered, and gone along to get along with these gross abuses of children and betrayals of the human rights and dignity of the most vulnerable among us will not escape the judgment of history. Sadly, that will be small consolation for the multitude of broken bodies, traumatized minds, and damaged souls that they leave in their ugly wake!

42 For I was an hungred, and ye gave me no meat: I was thirsty, and ye gave me no drink:

43 I was a stranger, and ye took me not in: naked, and ye clothed me not: sick, and in prison, and ye visited me not.

44 Then shall they also answer him, saying, Lord, when saw we thee an hungred, or athirst, or a stranger, or naked, or sick, or in prison, and did not minister unto thee?

45 Then shall he answer them, saying, Verily I say unto you, Inasmuch as ye did it not to one of the least of these, ye did it not to me.

 

—— Matthew 25

Due Process Forever!

 

PWS

07-23-20

 

 

🤡CLOWN COURT REPORT: “Judging Lite” — Squeezed By A Bigoted AG Who Usurped Their Role While Driving Them To Rubber Stamp More Mindless Denials, The Bigger (Not Better) BIA’s Intellectual Output Shrinks To The Size Of A Pea, According To “The Asylumist,” Jason Dzubow 

https://www.asylumist.com/2020/07/15/the-unbearable-lightness-of-bia-ing-ten-year-anniversary-edition/

Way back in 2010, I did a blog post about the Board of Immigration Appeals, where I complained that the Board issues too few decisions and does not provide enough guidance to Immigration Judges. Ten years later, things are no better. In fact, based on the available data, the Board is publishing even fewer decisions these days than it did back in the late aughts. Here, we’ll take a look at the situation in 2010, and then review where things stand now.

Before we get to that, we have to answer a preliminary question: What is the Board of Immigration Appeals? According to the BIA Practice Manual

The Board of Immigration Appeals is the highest administrative body for interpreting and applying immigration laws. The Board is responsible for applying the immigration and nationality laws uniformly throughout the United States. Accordingly, the Board has been given nationwide jurisdiction to review the orders of Immigration Judges and certain decisions made by the Department of Homeland Security (DHS), and to provide guidance to the Immigration Judges, DHS, and others, through published decisions. The Board is tasked with resolving the questions before it in a manner that is timely, impartial, and consistent with the Immigration and Nationality Act and regulations, and to provide clear and uniform guidance to Immigration Judges, DHS, and the general public on the proper interpretation and administration of the Immigration and Nationality Act and its implementing regulations.

pastedGraphic.png

Having completed their one published decision for the year, some BIA Board Members take a well-earned rest.

In essence, the BIA is supposed to be the Supreme Court of immigration law. But because the Board issues so few published decisions, it is not fulfilling its duties to provide guidance or ensure that laws are applied uniformly throughout the country. This is not a recent problem.

If you look back at the data from a decade ago, you will see that in 2007, the BIA decide a total of 35,394 cases and had 45 published decisions. In 2008, it decided 38,369 cases and published 33 decisions, and in 2009, it decided 33,103 cases and published 34 decisions. This means that for every 1,000 cases the Board decides, it publishes about 1 case. Looked at another way, during 2007, 2008, and 2009, the Board had about 15 Members (judges on the BIA are called Board Members). This means that in its most prolific year (2007), each Board Member would have had to publish three cases. I’m told that publishing a case is a real production, but even so, three cases per year? That seems pretty weak. The not-very-surprising result is that the Board is not providing the guidance that Immigration Judges need, and this contributes to a situation where different adjudicators are interpreting the law in widely inconsistent ways.

Fast forward 10 year and the situation is no better. In FY2016, the Board decided 33,241 cases and in FY2017, it decided 31,820 cases. In each year, the Board published just 27 decisions. In FY2018, the Board decided 29,788 cases and published 38 decisions, and in FY2019, the BIA published 22 decisions (EOIR has not released data about the number of cases adjudicated by the Board in FY2019). Indeed, in 2018 and 2019, the situation is even worse than these numbers suggest. That’s because in 2018, of the 38 published BIA decisions, 15 were actually decided by the Attorney General (meaning only 23 were decided by the BIA). In 2019, the AG published six cases, meaning that the Board itself published a paltry 16 decision, or–given the expanded number of Board Members–less than one published decision per Member.

Let’s digress for one moment to discuss the difference between an Attorney General decision and a BIA decision. The BIA derives its decision-making authority from the Attorney General. This means that the AG has power to decide immigration appeals, but he has given that authority to the specialists on the Board, who presumably know more about immigration law than their boss. However, because decision-making power ultimately comes from the AG, he can “certify” a case to himself and then issue a decision, which has precedential authority over Immigration Judges and over the Board itself. This means that if the Board issues a decision that the AG does not like, he can change it. Prior to the Trump Administration, AGs generally deferred to the Board and rarely certified cases to themselves for decisions. In the last two years of the Obama Administration, for example, the AG issued a total of three published decisions, two in 2015 and one in 2016, as compared to 21 AG decisions in 2018 and 2019 (to be fair, the Trump Administration did not issue any AG decisions in 2017). The main reason for the AG to issue decisions is to more forcefully implement the current Administration’s immigration agenda. Many who work in the field oppose this type of politicization of the immigration law, and organizations such as the National Association of Immigration Judges (the judges’ union) have been pushing for an independent court system.

Aside from politicization of the law, one result of the AG’s more active role in issuing decisions has been to sideline the BIA. I imagine this is not good for morale. Essentially, the “Supreme Court of Immigration Law” has been relegated to deciding unpublished decisions, which contribute little to improving the overall practice of law.

In any event, it has always surprised me how few decisions the BIA publishes. Chapter 1 of the BIA Practice Manual provides: “Decisions selected for publication meet one or more of several criteria, including but not limited to: the resolution of an issue of first impression; alteration, modification, or clarification of an existing rule of law; reaffirmation of an existing rule of law; resolution of a conflict of authority; and discussion of an issue of significant public interest.” Frankly, it is difficult to believe that fewer than one case in one thousand satisfies these criteria. As I wrote in 2010–

Although it might be more work over the short term, if the Board published more frequently, Immigration Judge decisions would become more consistent–creating less work for the BIA over the long term. It would also make life easier for the federal courts of appeals, saving government resources. Finally–and most important from my point of view–it would create more certainty and predictability for immigrants and their families.

All this remains true. But after three years of the Trump Administration appointing Board Members, many of whom are considered hostile to immigrants, perhaps now is not the time to complain about too few published decisions. Maybe. But I still think there exists a desperate need for guidance and consistency, and even the “unfriendly” Board Members are more inclined to follow the law than our current AG. In addition, there are many mundane, non-political issues that simply need deciding (such as this recent BIA decision). Despite the more hostile make-up of the Board, I still believe–as I believed ten years ago–that the BIA should embrace its role as “the highest administrative body for interpreting and applying immigration laws” and publish more decisions.

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

Careful what you ask for, Jason! While you might see some difference between Billy the Bigot and the current BIA, I haven’t been able to find one. When, indeed, was the last time that a respondent “won” a case in a BIA precedent that wasn’t then certified to the AG for reversal?

On the other hand, I do run across some correctly decided “winners” among the eclectic mix of unpublished BIA decisions that comes across my “Courtside e-desk.” Therefore, I go with Mies van der Rohe on this one: the less frequently we hear from the BIA on precedents the more justice there will be for respondents.

That’s particularly true because the famous “BIA Single-Judge Panel” will sometimes issue inconsistent decisions, one of which actually gets it right and favors the respondent. Inevitably, these days, when such “conflicts” go into the precedent making machine, the respondent always loses. Faced with the choice of consistently sentencing respondents to death or saving a few lives now and then, I’d definitely go with the latter. 

Actually, I’d argue that the only legitimate purpose of the Immigration Courts, including the BIA, is to save some lives that need saving. If, as Barr seems to think, it’s just a device to insure everyone gets removed and the decisions are “teed up” for OIL to best defend them on review, who needs it? Spend the money on something more useful — like cemetery plots for all the refugees and asylum seekers we wrongfully turn away.

It’s hardly surprising to me that a “maliciously incompetent” (originally your term, I believe) regime that has more than doubled the number of Immigration Judges while tripling the backlog would produce fewer precedents with more BIA judges. With the Trump/Sessions/Barr DOJ/EOIR kakistocracy, more judges clearly produce more backlog and fewer precedents. 

There was a time, my friend, in the “ancient past,” more than two decades ago, when a supposedly “too big to function” BIA issued more than fifty (50) precedents in a year. Not only that, but many were hotly contested, “cutting edge” issues that the BIA took on without being “ordered” by the Courts of Appeals or the DOJ to do so. 

The vast majority of those decisions were issued by the full en banc BIA with each judge actually recording a vote so they public knew exactly who stood where on each issue. There also were plenty of separate dissenting and concurring opinions. 

Lo and behold, some of those dissents in favor of a fairer assessment of credibility, a more faithfully generous interpretation of asylum law, per Cardoza-Fonseca and Mogharrabi, and a better framework for “categorical analysis” of criminal provisions, eventually found favor with the reviewing Courts of Appeals.

When I taught Refugee Law & Policy at Georgetown Law, I used Aleinikoff & Martin, et al, Forced Migration as a text. A remarkable number of the BIA precedents from that particular era found their way into the book. I, of course, had to “get over” the fact that my buddies, Alex and David, had edited out some of my best dissents from the textbook versions. No matter, I insisted that my students read the “full text” so they could see what a “better answer” to the issue might have been! Many of those former students, in turn, have formed the nucleus of the “New Due Process Army!”

Due Process Forever! “BIA Lite,” Never!

PWS

07-22-20

🏴‍☠️☠️⚰️👎🤮KAKISTOCRACY KORNER:  Chase, Schmidt Rip Billy The Bigot’s Appointment Of Hate Grouper To Arlington “Bench” – Failed System Drops All Pretenses Of Fairness & Due Process As Feckless Congress & Complicit Article IIIs Flunk Constitutional Duties! –

 

https://www.law360.com/immigration/articles/1293543/ex-fair-research-director-among-46-new-immigration-judges

Hannah Albarazi
Hannah Albarazi
Federal Courts
Reporter
Law360
Jeffrey S. Chase
Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Coordinator & Chief Spokesperson, Round Table of Retired Immigration Judges
Me
Me

Ex-FAIR Research Director Among 46 New Immigration Judges

By Hannah Albarazi

. . . .

“It would be impossible for one to receive a fair hearing before Matthew O’Brien,” Jeffrey Chase, a New York City immigration lawyer and former immigration judge, told Law360. Chase said O’Brien has expressed a view of asylum law that is at odds with the controlling circuit case law that he would be tasked with applying from the bench.

Chase said O’Brien has “basically spouted propaganda for an organization openly hostile to immigration.”

His appointment, Chase said, shows that the Trump administration doesn’t want a fair and independent immigration court and is proof that the Executive Office for Immigration Review needs to be taken out of the control of the Department of Justice, an enforcement agency.

The administration “has repeatedly emphasized to classes of new immigration judges that they are above all employees of the attorney general, who does not believe most asylum seekers are deserving of protection,” Chase said.

These appointments could negatively impact the immigration courts for decades, Chase said.

Paul Wickham Schmidt, a retired U.S. immigration judge who chaired the Board of Immigration Appeals in the Clinton administration, also slammed the recent wave of appointments.

“The idea that these are the 46 best qualified individuals in America to discharge these awesome responsibilities in a fair, impartial and expert manner, in furtherance of due process of law and with recognition of the human rights and human dignity of the individuals whose lives are at stake, is beyond preposterous. It’s a fraud on American justice,” Schmidt told Law360.

Schmidt didn’t mince his words about O’Brien’s appointment either.

“As someone who has helped FAIR spread its racially biased, anti-immigrant, and anti-asylum propaganda and false narratives, O’Brien is not qualified to be a fair and impartial quasi-judicial decision maker as required by the due process clause of our Constitution,” Schmidt said.

.  .  . .

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

Those with Law360 access can read Hannah’s complete article at the link.

The U.S. Justice system, once the envy of free nations throughout the world, is disintegrating before our eyes. If there is no justice for those whose lives are at stake, there will be no justice for any of us in the Trump/Barr Third World kakistocracy.

Due Process Forever! Corrupt & Feckless Institutions Parodying Justice, Never!

 

PWS

 

07-21-20

DRED SCOTTIFICATION OF “THE OTHER” — Supremes’ Anti-Constitutional “De-Personification” Of Asylum Applicants of Color With Lives At Stake Shows Why America Is In A Constitutional & Racial Mess Right Now — Analysis of Thuraissigiam By Professor Elliott Young!

https://historynewsnetwork.org/article/176454

Elliott Young is a professor of History at Lewis & Clark College and the author of a forthcoming book Forever Prisoners: How the United States Made the Largest Immigrant Detention System in the World (Oxford University Press).

. . . .

For more than one hundred years, the entry fiction has enabled the US government to deny immigrants due process protections that the 14th Amendment clearly indicates apply “to any person within its jurisdiction.” Although Justice Alito seems to restrict the ruling to people who entered the country within the previous 24 hours and within 25 yards of the border, the logic of the decision poses a more ominous threat to all immigrants who were not lawfully admitted.

 

As Justice Sotomayor writes in her dissent, “Taken to its extreme, a rule conditioning due process rights on lawful entry would permit Congress to constitutionally eliminate all procedural protections for any noncitizen the Government deems unlawfully admitted and summarily deport them no matter how many decades they have lived here, how settled and integrated they are in their communities, or how many members of their family are U. S. citizens or residents.”

 

It is this threat to more than 10 million immigrants living in the United States without authorization that makes the Thuraissigiam decision such a blow to the basic principles of freedom and justice. It would be odd for a country that imagines itself to be a beacon of hope for people around the world to deny basic constitutional protections to asylum seekers when they finally cross our threshold.

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

Read the full article at the link.

It’s not rocket science. The Constitution is clear. The “fog” here has to do with the disingenuous “reasoning” and legal gobbledygook cooked up by the majority Justices to deny Constitutional rights to people of color. Better judges for a better America! From voting rights to immigration, the current Supremes’ majority has too often undermined the right of all persons in America to equal justice under law. That’s exactly what institutionalized racism looks like.

Without major changes in all three branches of our failing Federal Government, equal justice for all in America will remain as much of an illusion as it has been since the inception of our nation. We have the power to do more than talk about equal justice — to start taking the necessary political action that will make it a reality. But, do we have the will and the moral courage to make it happen?

This November vote like your life and the life of our nation depend on it! Because they do!

PWS

07-21-20

🏴‍☠️☠️⚰️🤮👎AS TRUMP LITERALLY KILLS AMERICA, “WHERE’S THE OUTRAGE,” ASKS CHARLES M. BLOW @ NY TIMES? — Good Question!

Charles M. Blow
Charles M. Blow
Columnist
NY Times

https://www.nytimes.com/2020/07/19/opinion/trump-coronavirus-us.html?action=click&module=Opinion&pgtype=Homepage

 

So again I must ask, where is your outrage? How is this happening? How is it being allowed to happen? Real people, Americans, are being allowed to get sick and die while Trump plays a political game. How long can this continue?

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

Read the complete op-ed at the link.

No wonder the rest of the world is aghast at the massive failure of American democracy and our public institutions that were supposed to protect us from an evil, “maliciously incompetent,” totally unqualified “leader!”

PWS

07-20-20

 

 

☠️⚰️🤮INSIDE THE GULAG: ICE’S CRIMES AGAINST HUMANITY: Scofflaw Faux “Law-Enforcement” Agency Operates Outside Feckless U.S. Legal System Afraid to Crack Down on Deceit & Hold Officials Accountable For Illegal Actions — Outlaw Agency Leaves Trail of Health Threats, Broken Federal Judicial System In Its Wake!

https://apple.news/AK1rxkwd-SjSaeHO4DA1r8w

Spencer Ackerman writes in The Daily Beast:

At the end of April, Florida federal Judge Marcia Cooke ruled that Immigration and Customs Enforcement prisons were such a tinderbox for the novel coronavirus that ICE had to begin efforts at letting people out. The dangers of the pandemic inside three immigrant-detention centers in the state threatened to put ICE on the wrong side of constitutional prohibitions on cruel and unusual punishment. 

Thousands of miles away, in Arizona, several lawsuits on behalf of people detained by ICE were in various stages of advancement. One, brought in April by the Florence Immigrant and Refugee Rights Project, sought to release at least eight people at risk of contracting COVID-19 into sponsor custody.

But instead of preparing to release migrants in detention, ICE did something both the Centers for Disease Control and the Justice Department’s Bureau of Prisons had warned against. They transferred 74 detainees to a for-profit prison in central Virginia called ICA Farmville.

Both medical staff and already-overtaxed employees at ICA Farmville, according to court documents and interviews, had warned ICE against taking in new detainees. ICE had even assured Farmville staff it would use a different Virginia prison as a way-station to quarantine people should transfers have to go through.

Instead, in early June, ICE sent the 74 people—from Arizona’s Florence and Eloy detention centers and Florida’s Krome—directly to ICA Farmville. Staff fears manifested almost immediately. Fifty-one detainees tested positive for COVID-19.

A month later, ICA Farmville is in crisis. It has at least 268 out of around 360 detained people positive for the virus, making the jail by far the most stricken facility in ICE’s network of lockups. While ICA Farmville is claiming that vanishingly few are symptomatic, detainees, backed by medical records seen by The Daily Beast, say in dire terms that isn’t true.

“We think we’re going to die at any time. The help we need we’re not getting,” said a man detained at ICA Farmville whom The Daily Beast will call Michael. “We think we’re going to die without seeing our families. A lot of people here are suffering.”

Former employees say the coronavirus has exposed longstanding failings at ICA Farmville—namely, a company that values making money over protecting either detainees or its staff. At least 22 guards have contracted the coronavirus; others have responded to desperate, panicked and agitated detainees with at least three incidents of violence between June 20 and July 1. “There was no reason to intake any more detainees,” one former employee said, “but it’s all about profit.”

To immigration attorneys and advocates, the cause of the disaster unfolding at ICA Farmville is clear: ICE’s decision to transfer detainees into the facility rather than releasing them in accordance with current and likely future judicial rulings.

ICE “appears to be shifting people around to avoid having to let people out, through being forced in lawsuits,” said Jesse Franzblau, a senior policy analyst at the National Immigrant Justice Center.

“In my opinion, to avoid releases, they’re shifting people around the country or moving them to other detention facilities outside of south Florida,” said Heriberto Hernandez, a Florida immigration attorney who had a client at Krome in Miami, one of the jails cited in Judge Cooke’s ruling, moved into ICA Farmville.

Hernandez said his client at Farmville has tested positive for COVID-19 and “all they did was give him cold medicine.”

“There’s no question whatsoever that this [transfer] was the result of the lawsuits,” said Marc Van Der Hout, an Arizona attorney who sued ICE to release a husband and wife from the “tremendous outbreak” at the Eloy detention center. “There are four lawsuits I’m personally aware of, and possibly more. There’s no doubt in my mind they were doing this to avoid the repercussions of the lawsuits.”

ICE denies conducting any legal shell game over the detainees, and says its motivations were about the health of the detainees.

. . . .

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

Read the rest of the article at the link.

Of course, this a is a shell game! You don’t need a law degree to figure that out. And, the claim that this is all about detainee heath is patently absurd. The best interests and health of detainees never enter into it except to the minimal extent necessary to avoid wrongful death suits (not very difficult given the Supreme’s tilt in favor of protecting officials who kill people of color).

There is an even more serious problem: The failure of the Federal Judiciary to throw scofflaws like DHS Acting Secretary Chad Wolf and ICE Acting Director Matt Albence in jail for contempt for their agency’s overt efforts to avoid lawful court orders while endangering the health and safety of both the detainees and the public. 

What  ICE is doing in the “New American Gulag” is essentially a “crime against humanity.” We need better Federal Judges and Justices who will take their oaths to uphold our Constitution in the face of such grotesque and obvious Executive abuses seriously!

Due Process Forever! The New American Gulag, Never!

PWS

07-20-20

🏴‍☠️☠️⚰️🤮 NOT ROCKET SCIENCE: When A Country Allows Itself To Be Governed By An Evil Moron & His Sycophantic Followers, Bad Things Happen!

https://www.washingtonpost.com/nation/2020/07/19/coronavirus-update-us/

By Derek Hawkins and Felicia Sonmez @ WashPost:

With coronavirus cases rising across the country and the U.S. death toll topping 137,000, President Trump on Sunday dismissed concerns about the spike in infections, telling Fox News that “many of those cases shouldn’t even be cases.”

“Many of those cases are young people that would heal in a day,” the president told Fox News host Chris Wallace in an interview. “They have the sniffles and we put it down as a test.”

While young people make up an increasing share of new cases, the virus has affected people in all age groups. A surge of infections is driving deaths back up again after months of decline, and hospitals in hard-hit states such as Florida, Texas and Arizona are facing an influx of patients that health officials say could soon overwhelm medical systems. Nationwide, hospitalizations were on track to exceed their previous peak of roughly 60,000, reached in the pandemic’s early months.

Here are some other significant developments.

• The Trump administration is trying to block billions of dollars for states to conduct testing and contact tracing in an upcoming coronavirus relief bill, people involved in the talks said Saturday. The administration is also trying to block billions that GOP senators want to allocate for the Centers for Disease Control and Prevention, the people said.
• A growing number of Americans disapprove of Trump’s handling of the pandemic. Currently, 38 percent approve of his handling, and 60 percent disapprove, according to a new Post-ABC News poll.
• A study from South Korea could bolster those who argue that reopening classrooms in much of the United States is too risky, suggesting that while children under 10 are less likely to spread the coronavirus, those between ages 10 and 19 will spread it similarly to adults.
• Georgia’s presentation of its coronavirus data is again under scrutiny, with a viral tweet pointing out how the color-coding of a government map has evolved. At the beginning of the month, for instance, a county needed at least 5,959 coronavirus cases to be colored red in the state’s map of the outbreak. Now, a county needs at least 9,597 — with the result that no other county has newly joined the four that have been colored red since July 1, even as the state’s cases have jumped by more than 37 percent in that period.
• Health authorities are seeking to conduct testing faster while conserving resources. The Food and Drug Administration on Saturday reissued an emergency use authorization to Quest Diagnostics for a coronavirus test to be used in pool testing, which involves combining samples from several people and testing them all at once.

Trump’s remarks came after another week of grim data highlighting the uncontrolled spread of the virus. Infections rose in states from every region of the country, with more than a dozen states on Saturday reaching record highs in their seven-day averages for new daily cases.

Georgia, Missouri, Wisconsin, North Carolina and Kentucky reported new single-day case records on Saturday, while states from Vermont to North Dakota to Oregon showed significant increases in their weekly averages, according to tracking by The Washington Post.

More than 20 states are reporting seven-day averages in coronavirus-related deaths that are higher than at the end of June, underscoring the turnaround since May and June, when deaths declined nationally — which Trump had touted as a sign of progress.

Rep. Donna Shalala (D-Fla.), whose district encompasses parts of Miami with widespread infections, pushed back on the notion that the new cases were limited to young, healthy people and weren’t a cause for concern.

“It’s the working poor, it’s seniors, it’s now young people, and it’s totally out of control,” Shalala, a former health and human services secretary, said on ABC News’s “This Week.” “We need to close down again … That’s our worst nightmare, and we’re going to have to do that.”

. . . .

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You can read the rest of this article about the Trump kakistocracy in action at the link.

It’s a dark and disturbing tale of unrelenting stupidity, evil, corruption, and cowardice on the part of those who refuse to stand up to a would be emperor who has never had any clothes.

PWS

07-19-20

🏴‍☠️☠️⚰️👎🏻KAKISTOCRACY GONE WILD: Billy The Bigot Adds 46 More To America’s Star Chambers — Long on Government Backgrounds, Particularly Prosecutorial — Short on Immigration Expertise or Reputations For Fairness &  Scholarship — CONSPICUOUSLY ABSENT: Asylum, Human Rights Expertise & Experience Representing Humans Seeking Justice!

Here’s the list with bios:

https://www.justice.gov/eoir/page/file/1295301/download

This list includes what appears to be a municipal traffic court judge and someone who spent the last four years working for a white nationalist hate group (per the SPLC). 

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

Due Process Forever! America’s Star Chambers, Never!☠️⚰️🤮

PWS

07-19-20

REP. JOHN LEWIS, GIANT AMERICAN HERO IN AN AGE OF LILLIPUTIANS: 1940-2020 

John Lewis
Congressman John Lewis (D-GA)
American Hero
1940-2020

By NY Times Editorial Board:

https://www.nytimes.com/2020/07/17/opinion/john-lewis.html

Representative John Lewis, who died Friday at age 80, will be remembered as a principal hero of the blood-drenched era not so long ago when Black people in the South were being shot, blown up or driven from their homes for seeking basic human rights. The moral authority Mr. Lewis exercised in the House of Representatives — while representing Georgia’s Fifth Congressional District for more than 30 years — found its headwaters in the aggressive yet self-sacrificial style of protests that he and his compatriots in the Student Nonviolent Coordinating Committee deployed in the early 1960s as part of the campaign that overthrew Southern apartheid.

These young demonstrators chose to underscore the barbaric nature of racism by placing themselves at risk of being shot, gassed or clubbed to death during protests that challenged the Southern practice of shutting Black people out of the polls and “white only” restaurants, and confining them to “colored only” seating on public conveyances. When arrested, S.N.C.C. members sometimes refused bail, dramatizing injustice and withholding financial support from a racist criminal justice system.

This young cohort conspicuously ignored members of the civil rights establishment who urged them to patiently pursue remedies through the courts. Among the out-of-touch elder statesmen was the distinguished civil rights attorney Thurgood Marshall, who was on the verge of becoming the nation’s first Black Supreme Court justice when he argued that young activists were wrong to continue the dangerous Freedom Rides of early 1961, in which interracial groups rode buses into the Deep South to test a Supreme Court ruling that had outlawed segregation in interstate transport.

Mr. Marshall condemned the Freedom Rides as a wasted effort that would only get people killed. But in the mind of Mr. Lewis, the depredations that Black Americans were experiencing at the time were too pressing a matter to be left to a slow judicial process and a handful of attorneys in a closed courtroom. By attacking Jim Crow publicly in the heart of the Deep South, the young activists in particular were animating a broad mass movement in a bid to awaken Americans generally to the inhumanity of Southern apartheid. Mr. Lewis came away from the encounter with Mr. Marshall understanding that the mass revolt brewing in the South was as much a battle against the complacency of the civil rights establishment as against racism itself.

On “Redemptive Suffering”

By his early 20s, Mr. Lewis had embraced a form of nonviolent protest grounded in the principle of “redemptive suffering”— a term he learned from the Rev. James Lawson, who had studied the style of nonviolent resistance that the Indian leader Mahatma Gandhi had put into play during British colonial rule. The principle reminded Mr. Lewis of his religious upbringing and of a prayer his mother had often recited.

In his memoir “Walking With the Wind,” written with Michael D’Orso, Mr. Lewis explains that there was “something in the very essence of anguish that is liberating, cleansing, redemptive,” adding that suffering “touches and changes those around us as well. It opens us and those around us to a force beyond ourselves, a force that is right and moral, the force of righteous truth that is at the basis of human conscience.”

The essence of the nonviolent life, he wrote, is the capacity to forgive — “even as a person is cursing you to your face, even as he is spitting on you, or pushing a lit cigarette into your neck” — and to understand that your attacker is as much a victim as you are. At bottom, this philosophy rested upon the belief that people of good will — “the Beloved Community,” as Mr. Lewis called them — would rouse themselves to combat evil and injustice.

Mr. Lewis carried these beliefs into the Freedom Rides. The travelers described their departing meal at a Chinese restaurant in Washington as “The Last Supper.” Several of the participants had actually written out wills, consistent with the realization that they might never make it home. No one wanted to die, but it was understood that a willingness to do so was essential to the quest for justice.

The Ku Klux Klan did its best to secure such a sacrificial outcome. It firebombed a bus at Anniston, Ala., and tried unsuccessfully to burn the Freedom Riders alive by holding the exit doors shut. “Walking With the Wind” describes the especially harrowing episode that unfolded on the Freedom Ride bus on which he arrived in Montgomery, Ala.

The terminal seemed nearly deserted, he writes, but “then, out of nowhere, from every direction, came people. White people. Men, women and children. Dozens of them. Hundreds of them. Out of alleys, out of side streets, around the corners of office buildings, they emerged from everywhere, from all directions, all at once, as if they’d been let out of a gate . … They carried every makeshift weapon imaginable. Baseball bats, wooden boards, bricks, chains, tire irons, pipes, even garden tools — hoes and rakes. One group had women in front, their faces twisted in anger, screaming, ‘Git them niggers, GIT them niggers!’ … And now they turned to us, this sea of people, more than three hundred of them, shouting and screaming, men swinging fists and weapons, women swinging heavy purses, little children clawing with their fingernails at the faces of anyone they could reach.”

Mr. Lewis’s fellow Freedom Riders tried in vain to escape the mob by scaling trees and terminal walls. “It was madness. It was unbelievable,” Mr. Lewis recalled “… I could see Jim Zwerg now, being horribly beaten. Someone picked up his suitcase, which he had dropped, and swung it full force against his head. Another man then lifted Jim’s head and held it between his knees while others, including women and children, hit and scratched at Jim’s face. His eyes were shut. He was unconscious …. At that instant I felt a thud against my head. I could feel my knees collapse and then nothing. Everything turned white for an instant, then black.”

“Burn Jim Crow to the Ground”

Mr. Lewis clashed again with the elder statesmen of the movement when they prevailed on him to tone down a speech he was about to give at the March on Washington in 1963. Thrown out were the harshest criticisms of the John F. Kennedy administration’s civil rights bill as well as a fiery passage threatening that the movement would “march through the South, through the heart of Dixie, the way Sherman did. We shall pursue our own scorched earth policy and burn Jim Crow to the ground — nonviolently.”

Yet even the softened speech was radical for the context. At a time when civil rights leaders were commonly referring to African-Americans as Negroes, the Lewis speech used the term Black: “In the Delta of Mississippi, in Southwest Georgia, in the Black Belt of Alabama, in Harlem, in Chicago, Detroit, Philadelphia and all over this nation the Black masses are on a march for jobs and freedom.”

To the dismay of many, the 23-year-old Mr. Lewis described the movement as “a revolution,” appealing to all who listened “to get into this great revolution that is sweeping this nation. Get in and stay in the streets of every city, every village and hamlet of this nation until true freedom comes, until a revolution is complete. We must get in this revolution and complete the revolution.”

Mr. Lewis carried his faith in the power of nonviolence into the fateful Selma, Ala., voting rights demonstration — in March of 1965 — that was soon named Bloody Sunday to commemorate the vicious attack that state troopers waged on peaceful marchers. Mr. Lewis suffered a fractured skull and was one 58 people treated for injuries at a hospital.

The worldwide demonstrations that followed the brutal police killing of George Floyd underscored the extent to which many people need visual evidence to grow outraged over injustice that is perpetrated all the time outside the camera’s eye.

A television broadcast of the violence meted out by the police on Bloody Sunday worked in the same way. It generated national outrage and provided a graphic example of the need for the Voting Rights Act, which was signed into law that summer.

The linchpin part of the law required certain states and parts of states to seek federal permission before changing voting rules. This seemed almost a godsend to the civil rights cohort and at least a partial repayment for the lives of the many men and women who had died in pursuit of voting rights.

Soon after the Supreme Court crippled the act in 2013, states began unveiling measures limiting ballot access. At the time of the decision, Mr. Lewis wrote that the court had “stuck a dagger into the heart” of a hard-won and still necessary law. With his customary eloquence, he urged Congress to restore the Voting Rights Act, describing the right to vote as “almost sacred” and “the most powerful nonviolent tool we have in a democracy.”

The passing of John Lewis deprives the United States of its foremost warrior in a battle for racial justice that stretches back into the 19th century and the passage of the 14th and 15th Amendments. Americans — and particularly his colleagues in Congress — can best honor his memory by picking up where he left off.

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

With an overtly racist President, an ineffective Congress where progress is blocked by a GOP that embraces and furthers racism, a Supreme Court that doesn’t believe in equal justice for all, actively undermines civil rights, and disenfranchises voters, and GOP-controlled states that have used the moral and intellectual failures of all of the foregoing to roll back voting access for people of color, America has actually backtracked on Congressman Lewis’s vision. 

Who is big enough to fill Congressman Lewis’s shoes and lead America to a better future? Certainly not the moral and intellectual Lilliputians in the White House, the GOP, and the “JR Five” on the Supremes.

In the process of veneration, a “sanitized” version of Lewis’s life and legacy has already appeared. GOP politicos who have spent a lifetime working against everything Lewis stood for will issue the obligatory disingenuous condolences. 

We shouldn’t forget the real John Lewis. The man who called Trump’s presidency “illegitimate” for the git go, even when other Democrats refused to go there. 

He also spoke forcefully and passionately for Trump’s impeachment:

“When you see something that is not right, not just, not fair, you have a moral obligation to say something, do something,” the civil rights icon said. “Our children and their children will ask us: ‘What did you do? What did you say?’”

https://www.huffpost.com/entry/john-lewis-dies_n_5e095e32e4b0b2520d179a3f

We should remember that Lewis’s GOP colleagues (but for Sen. Mitt Romney) “honored” him by voting unanimously against the overwhelming weight of the evidence and against conviction and removal of the corrupt, racist, unqualified President who, as Lewis had previously said, never should have been in office in the first place. Thousands of Americans and numerous refugees and others have subsequently been killed or suffered traumatic harm as a result of Trump’s continuing “malicious incompetence” in office.

The real questions that our children and grandchildren will ask is: What did YOU do to honor the legacy of John Lewis and other true American heroes by removing Trump and the GOP from office and insuring that such racists and a party that promotes racism will never be empowered to infect American governance again? 

That struggle has just begun, and victory is neither assured nor easy. Yet, without turning Lewis’s words into actions and insuring that those who refuse to honor the Constitutional requirement of voting rights and equal justice for all are never again allowed to infiltrate and destroy our institutions of Government, Lewis’s vision of an America that finally provides “liberty and justice for all” will remain unfulfilled. And, that will be a true national tragedy!

This November, vote like your life and John Lewis’s legacy depend on it! Because they do!

PWS

07-18-20

MICA ROSENBERG @ REUTERS: “Latest from Reuters — ICE detention transfers exacerbate the spread of COVID-19”🏴‍☠️☠️🤮⚰️

Mica Rosenberg
Mica Rosenberg
National Immigration Reporter, Reuters

In our most recent story (https://reut.rs/2ZFjksB) about the dangers of coronavirus in U.S. immigration detention centers. Using immigration court records and ICE data we found 268 transfers of detainees between detention centers in April, May and June, half that involved detainees who were either moved from centers with COVID-19 cases to centers with no known cases, or from centers with no cases to those where the virus had spread.

At least one transfer resulted in a super-spreading event. On June 2, 74 detainees were transferred to a detention center in Farmville, Virginia from three detention centers in Florida and Arizona, two of which had confirmed COVID-19 cases.  Before the transfer the center only had only 2 positive cases (also from transferees from another nearby detention center). After the transfer, more than half of the detainees moved tested positive for the virus. Now Farmville is the hardest hit detention center in the country, with 315 cases.

 

Previously we reported on how hospital resources are scarce in many rural areas where detainees are held, and how some asylum seekers are giving up their claims because they fear catching the virus in detention and how one couple faced double jeopardy both inside and outside of immigration lock up.

 

Please keep in touch about other stories we should be pursuing in these difficult times!

Best,

Mica

………………………………………………….

Mica Rosenberg

Reuters News

National Immigration Reporter

www.reuters.co

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

Than is so much, Mica! Go on over to Reuters at the above links to get all of Mica’s great, very timely reporting on this topic!

The truth is out, and, predictably, it’s ugly for the “malicious incompetents” in Trump’s outrageous immigration kakistocracy. 

While the Administration has falsely claimed that draconian, clearly illegal and unnecessary, immigration restrictions are required to “protect” America from COVID-19 (a threat that they otherwise downplay or deny through false narratives and pseudo-science), it’s actually ICE that is a key spreader of disease, both in the U.S. and in other countries!☠️🤮⚰️👎🏻

This November, vote like your life depends on it! Because it does!

PWS

07-17-20

🇺🇸👍🏼🗽😇THE FUTURE WILL BELONG TO NATIONS THAT WELCOME IMMIGRANTS: Getting Rid of Trump, Miller, Cotton, & The Other GOP Racist Restrictionists Is A Key First Step To A Better America For All!

https://apple.news/ApxPyJV3cSBOtEU7c4Xlk4A

Frida Ghitis @ CNN:

The only way the United States can remain the world’s most prosperous, powerful country is by embracing immigration. That’s the inescapable conclusion from a new study published on Tuesday in the Lancet that predicts the world’s population will peak far sooner than anticipated, and start shrinking before the end of this century.

There is, however, no guarantee that the US will embrace immigration, even to save itself. Domestic politics, currently inflamed by divisive nativist leaders, have turned immigration into a contested topic. A country that rose to historic heights of influence and prosperity by welcoming immigrants, is now led by a President who has weaponized the issue with unfathomable cruelty.

One example: At this moment, hundreds of migrant families held in detention facilities face the wrenching choice of whether to let their children be released to third parties, or stay together in detention. This awful decision comes as the result of court order last month that called for the children’s release in light of the coronavirus pandemic — and it is essentially a new version of the family separation policy that tore apart thousands of children from their parents earlier in the Trump administration.

Such heartless political measures flout America’s founding principles — but are also out of step with public opinion on immigration: an overwhelming majority of Americans — 77%, according to a recent 2020 Gallup poll- say it is good for the country. The prospect of falling birth rates predicted by study — from the Institute for Health Metrics and Evaluation at the University of Washington’s School of Medicine — may be a thumb on the scale in favor of more immigration. After all, businesses will need workers. Even the military will likely feel the pressure of contracting numbers of people of military age.

The new study shows how far off the mark earlier assumptions about exploding population growth fell. Some among you, my dear readers, may remember when intellectuals were gripped by the fear of a “Malthusian catastrophe,” fear that population growth would outpace our ability to feed ourselves. But it turns out that Thomas Robert Malthus, the 18th century economist and demographer, got it all wrong.

Not only did agricultural advances undercut his thesis, it turns out the world’s population will start contracting before long, with powerful economic, geopolitical and environmental implications.

. . . .

The result will be increased friction over immigration, with the arguments of immigration advocates bolstered by demographers, economists and a business community anxious to see consumption increase and workers available.

The present may be blazing with the demagogues’ sturm und drang about keeping immigrants out. But the future belongs to the country that welcomes them.

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

Read the complete article at the link.

Immigration is both an unstoppable human force and good for America. The sooner we end the current regime’s cruel and stupid White Nationalist policies and develop a robust, thoughtful, inclusive, realistic approach to legal immigration (including refugees), the better off we will be as a nation.

An immediate benefit would be a sharp reduction in the amount of resources and goodwill wasted on counterproductive and often both illegal and immoral restrictionist enforcement gimmicks. That would actually align immigration enforcement with the national interest, rather than undermining it as is now the case with many of the misguided enforcement efforts, particularly “civil” imprisonment and deportations of refugees and long time residents.

This November, vote like your life depends on it! Because it does!

PWS

07-17-20

🤮👎ERROR SUPPLY: Billy The Bigot’s BIA Blows Basics Big-Time: 1) 1-Year Bar (2d Cir.); 2) Gang-Based PSG (2d Cir.); 3) Fourth Amendment (2d Cir.); 4) Retroactivity (11th Cir.); 5) CIMT (4th Cir.); 6) Categorical Approach (2d Cir.)! 

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

Dan Kowalski @ LexisNexis Immigration Community reports on the on the latest “Medley of Deadly Mistakes” — 

CA2 on One Year Filing Deadline, PSG: Ordonez Azmen v. Barr

Ordonez Azmen v. Barr

“Mario Ordonez Azmen petitions for review of a decision of the Board of Immigration Appeals (BIA) denying his motion to remand and dismissing his appeal of the denial of his asylum and statutory withholding claims under the Immigration and Nationality Act. The BIA did not adequately explain its conclusion that Ordonez Azmen’s proposed social group of former gang members in Guatemala was not particular. Nor did the BIA adequately explain its reasons for denying Ordonez Azmen’s motion to remand based on evidence of new country conditions. Finally, we hold that under 8 U.S.C. § 1158(a)(2)(D), changed circumstances presenting an exception to the one-year deadline for filing an asylum application need not arise prior to the filing of the application, and the BIA erred when it refused to consider Ordonez Azmen’s alleged changed circumstances on the ground that the change occurred while his application was pending. We GRANT the petition, VACATE the BIA’s decision, and REMAND for reconsideration of Ordonez Azmen’s application for asylum and statutory withholding of removal and his motion to remand, consistent with this opinion.”

[Hats off to Zachary A. Albun, Albert M. Sacks Clinical Teaching & Advocacy Fellow, Harvard Immigration & Refugee Clinical Program, Harvard Law School, who writes: “The Court found the INA unambiguously provides that “material changed circumstances” excepting the one year filing deadline need not precede filing of the asylum application (i.e., you can rely on a changes that occur during proceedings).  The court further held that W-G-R- & M-E-V-G- do not create a per se rule that “former gang member” PSGs lack cognizability.  Another important point is that the Court relied on two unpublished BIA decisions that we’d submitted in determining it need not defer to the agency, but instead decide the case based on its own reading of the governing statute and regulations.  Major credit and a huge thanks goes to my co-counsel at the University of Minnesota Federal Immigration & Litigation Clinic and the National Immigrant Justice Center, and to my colleagues and students at HIRC.”]

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

CA2 on Suppression: Millan-Hernandez v. Barr

Millan-Hernandez v. Barr

“Maria Cared Millan-Hernandez petitions for review of a 2018 Board of Immigration Appeals decision dismissing her appeal of an Immigration Judge’s denial, without an evidentiary hearing, of her motion to suppress evidence. On appeal, we consider whether Millan-Hernandez provided sufficient evidence of an egregious Fourth Amendment violation to warrant an evidentiary hearing. We conclude that she did and that the agency applied an incorrect standard in determining otherwise. Accordingly, the petition for review is GRANTED and the cause REMANDED for further proceedings consistent with this Opinion.”

[Hats off to AADHITHI PADMANABHAN, The Legal Aid Society, New York, NY (Nicholas J. Phillips, Joseph Moravec, Prisoners’ Legal Services of New York, Buffalo, NY, on the brief), for Petitioner!]

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

CA11 on Retroactivity: Rendon v. Atty. Gen.

Rendon v. Atty. Gen.

“Carlos Rendon began living in the United States as a lawful permanent resident in 1991. Then in 1995, he pled guilty to resisting a police officer with violence. Under immigration law this offense qualifies as a crime involving moral turpitude (“CIMT”). At the time, Mr. Rendon’s sentence of 364 days in state custody did not affect his status as a lawful permanent resident. But Congress later changed the law. In 1996, the Antiterrorism and Effective Death Penalty Act (“AEDPA”) made him deportable based on his CIMT conviction. And in 1997, the Illegal Immigration Reform and Immigrant Responsibility Act (“IIRIRA”) created the “stop-time rule,” which meant people convicted of certain crimes were no longer eligible for a discretionary form of relief known as cancellation of removal. Approximately 25 years after his guilty plea, an immigration judge found Mr. Rendon removable and ruled he was no longer eligible for cancellation of removal on account of the stop-time rule. On appeal, Mr. Rendon now argues that it was error to retroactively apply the stop-time rule to his pre-IIRIRA conviction. After careful review, we conclude that Mr. Rendon is right. We reverse the decision of the Board of Immigration Appeals and remand for further proceedings.”

[Hats off to Anthony Richard Dominquez at Prada Urizar, PLLC!]

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

CA4 on CIMT: Nunez-Vasquez v. Barr

Nunez-Vasquez v. Barr

“David Nunez-Vasquez seeks review of the Board of Immigration Appeals (“BIA”) finding that he was removable because he had been convicted of two crimes involving moral turpitude (“CIMT”)—a conviction for leaving an accident in violation of Va. Code Ann. § 46.2–894 and a conviction for use of false identification in violation of Va. Code Ann. § 18.2–186.3(B1). We hold that neither conviction is categorically a crime involving moral turpitude. We therefore grant Nunez-Vasquez’s petition for review, vacate the BIA’s order of removal, order the Government to return Nunez-Vasquez to the United States, and remand to the BIA for further proceedings.”

[Hats off to Ben Winograd, Trina Realmuto, Kristin Macleod-Ball, Nancy Morawetz and Samantha Hsieh!]

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

CA2 on Antique Firearms: Jack v. Barr

Jack v. Barr

“In these tandem cases, Jervis Glenroy Jack and Ousmane Ag each petition for review of decisions of the Board of Immigration Appeals (BIA) ordering them removed based on their New York firearms convictions. See 8 U.S.C. § 1227(a)(2)(A)(iii), (a)(2)(C). We principally conclude that the statutes of conviction, sections 265.03 and 265.11 of the New York Penal Law, criminalize conduct involving “antique firearms” that the relevant firearms offense definitions in the Immigration and Nationality Act do not. This categorical mismatch precludes the petitioners’ removal on the basis of their state convictions. We therefore GRANT the petitions, VACATE the decisions of the BIA, and REMAND both causes to the agency with instructions to terminate removal proceedings.”

[Hats off to Nicholas J. Phillips, Joseph Moravec, Prisoners’ Legal Services of New York, Buffalo, NY; Alan E. Schoenfeld, Wilmer Cutler Pickering Hale and Dorr LLP, New York, NY, for Jervis Glenroy Jack, Petitioner in No. 18-842-ag., Stephanie Lopez, Neighborhood Defender Service of Harlem, New York, NY; Alan E. Schoenfeld, Andrew Sokol, Beezly J. Kiernan, Wilmer Cutler Pickering Hale and Dorr LLP, New York, NY, for Ousmane Ag, Petitioner in No. 18-1479-ag.!]

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

Remember, unlike most so-called “civil litigation,”  lives and futures are at stake in every one of these cases. It’s like sending in brain surgeons trained by the “American Academy of Morticians.” Over and over, the Trump DOJ has shown itself more interested in “upping the body count” than on fairness, due process, and just results at EOIR. Is there a “breaking point” at which the Article IIIs will finally get tired of correcting the BIA’s mistakes and doing their work for them?  

Good thing the BIA isn’t sitting for the final exam in my “Immigration Law & Policy” course at Georgetown Law. Even “the curve” might not be enough to save them.

Due Process Forever!

PWS

07-15-20

☠️👎🏻🤮GOODBYE GONZO! — Notorious Racist, Bigot, Homophobe, Misogynist Loses GOP Primary — Blinded By The Fog of Hate, Gonzo Never Understood Trump’s Sole Overriding Concern — Eventually, His Failure To Put Shielding Trump’s Corruption First Made Him “the only monument to the Confederacy that Trump was eager to remove.” (Pema Levy @ Mother Jones)

By Paul Wickham Schmidt

Exclusive for Courtside

July 14, 2020

Back before the 2016 election, GOP backbench Jim Crow hate monger Senator Jeff “Gonzo Apocalypto” Sessions saw a kindred spirit who would help him realize his whitewashed, faux Christian view of America: Donald Trump. Becoming the first Senator to endorse Trump got Gonzo a ticket to the U.S. Attorney General’s Office, where he quickly established himself as probably the worst inhabitant after the Civil War and before Billy Barr ( a period that notably includes “John the Con” Mitchell).

During his tenure, Gonzo separated families, caged kids, targeted vulnerable Latino refugee women for abuse, illegally punished “sanctuary cities,” expanded the “New American Gulag,” diverted prosecutorial resources from real crimes to minor immigration violations, expanded the “New American Gulag,” advocated discrimination against the LGBTQ community under the guise of religious bigotry, encouraged police brutality against Black Americans, aided efforts to disenfranchise Black and Latino voters, spread false narratives about immigrant crime and asylum fraud, dissed private lawyers, stripped Immigration Judges of their authority to control their own dockets, multiplied the Immigration Court backlogs, illegally tried to terminate DACA while smearing Dreamers, spoke to hate groups, issued unethical “precedent decisions” while falsely claiming to be acting in a quasi-judicial capacity, interfered with asylum grants and judicial independence, put anti-due-process production quotas on Immigration Judges, attempted to dismantle congressionally mandated “know your rights” programs, to name just a few of his gross abuses of public office. Indeed, other than Stephen Miller and Trump himself, how many notorious child abusers get to walk free in America while their victims suffer lifetime trauma?

Despite never being the brightest bulb in the pack, his feeble attempt at “legal opinions” sometimes drawing ridicule from lower court judges, Gonzo is generally credited with doing more than any other Cabinet member to advance Trump’s agenda of hate and White Nationalist bigotry. He actually was dumb enough to believe that his unswerving dedication to a program of promoting the white race over people of color and Christians over all other religions would ingratiate him with Trump. 

That would assume, however, that Trump had some guiding principle, however vile and disgusting, beyond himself. Sessions might be the only person in Washington who thought racism would trump self-protection. I’m not saying that Trump isn’t a committed racist — clearly he is. Just that his commitment to racism is subservient to his only real defining characteristic — narcissism. Just ask his niece, Mary.

Gonzo failed in the only thing that ever counted: Protecting Trump, his family, and his corrupt cronies from the Mueller investigation. It wasn’t, as some have inaccurately claimed, a show of ethics or dedication to the law.

Even Gonzo realized that participating in an investigation involving a campaign organization of which he was a member and therefore both a potential witness and target, would be an egregious ethical violation that could cost him his law license as well as a potential criminal act of perjury, given that he had testified under oath during his Senate confirmation that he intended to recuse himself. Apparently, that was on a day when Trump was too busy tweeting or playing golf to focus on the implications of that particular statement under oath by his nominee.

After Trump fired him, Gonzo’s political fortunes took a sharp downturn. A guy who polled 97% of the vote in running unopposed for the Senate in 2014, polled only 38% of the vote in overwhelmingly losing the GOP primary to former Auburn Football Coach Tommy Tuberville. Tommy, a “Trump loyalist” with extreme far-right views and no known qualifications for the job, is not much of an improvement over Sessions.

Perhaps the only good news is that Alabama currently has a very decent and competent U.S. Senator, Doug Jones (D), who represents all of the people of the state. Everybody should support Doug’s campaign to maintain decency and commitment to equal justice in Government.

For those who want a further retrospective on Sessions’s grotesque career of promoting a return to Jim Crow while on the public dole, I recommend the following articles from Mother Jones and the Advocate:

https://www.motherjones.com/politics/2020/07/jeff-sessions-ends-his-political-career-in-a-blaze-of-racism/

https://www.advocate.com/politics/2020/7/14/career-racist-homophobe-jeff-sessions-over

Goodbye and good riddance to one of America’s worst and most disgusting politicos not named Trump or Steve King.

Due Process Forever! 

PWS

07-15-20

☠️👎DEATH PANEL: Billy The Bigot’s BIA Spends 34-Pages Stomping Every Aspect Of Claim By Victim Of Trump’s MPP — Matter of M-D-C-V-

 

https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDAsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMDA3MTQuMjQzNjA1MjEiLCJ1cmwiOiJodHRwczovL3d3dy5qdXN0aWNlLmdvdi9lb2lyL3BhZ2UvZmlsZS8xMjkzOTcxL2Rvd25sb2FkIn0.GQ-40i9lJzne69mtiz5FLkL4ucpejz820EUlR2HEV7E/s/842922301/br/81011306761-l

Matter of M-D-C-V-, 28 I&N Dec. 18 (BIA 2020)

BIA HEADNOTE:

Under section 235(b)(2)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1225(b)(2)(C) (2018), an alien who is arriving on land from a contiguous foreign territory may be returned by the Department of Homeland Security to that country pursuant to the Migrant Protection Protocols, regardless of whether the alien arrives at or between a designated port of entry.

PANEL:  Board Panel: MALPHRUS and CREPPY, Appellate Immigration Judges; MORRIS, Temporary Appellate Immigration Judge.

OPINION BY: Judge Malphrus

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The deny, deny, deny message is very clear! 

To keep what the BIA and the Administration are doing to our fellow humans in perspective, however, remember that:

  • Human Rights Watch studied the cases of more than 200 individuals who were returned to El Salvador by the Administration;
  • Of these, 138 were killed upon return;
  • Another 70 were “subjected to sexual violence, torture, and other harm, usually at the hands of gangs, or . . . went missing following their return;”

https://immigrationcourtside.com/2020/02/11/its-1939-white-nationalist-america-is-failing-humanity-again-the-st-louis-replay-history-will-neither-forget-nor-forgive-us-for-wrongfully-sending-refugees-to-thei/

That’s a high kill/abuse rate. But, that’s exactly what human rights criminals like Stephen Miller “get off on.” “Death to the other!”

And, so far, the Supremes have obliged the White Nationalists’ program of “Dred Scottification” as long as it applies to “the others,” primarily persons of color, not deserving in the elitists’ view of being treated as “persons” under the law or as “human beings” under any laws. Eventually, however, posterity will have something to say about Trump, Miller, Roberts, McConnell, Barr, Wolf, Sessions, Pence, Alito and a host of others who have knowingly participated in these intentional degradations of humanity and furthering of White Supremacy!

Due Process Forever!

PWS

07-14-20