Federal Employees – Page 6 – immigrationcourtside.com

😢🗽🇺🇸 HUMANITARIAN CRISIS DEMANDS HUMANE RESPONSE: GOP DEMAGOGUERY, DEM INDIFFERENCE TO SUFFERING WON’T GET THE JOB DONE! 🤯 NGO’s Once Again Step Up To Do The USG’S Job! — They Need Help! ⛑️

Immigrant Defenders posted this on LinkedIn:

Customs and Border Protection (CBP) continues to inhumanely release asylum seekers onto San Diego streets, often with little more than the clothes on their backs. #TeamImmDef, Lindsay Toczylowski, Margaret Cargioli, Melissa Shepard and Jesús Contreras Barajas, continues to join various non-profit organizations, grassroots groups and community members to receive asylum seekers with respect and help them reach their friends and family members all over the United States. Our dedicated team, in collaboration with our remarkable San Diego-based partners, is tirelessly working to continue to welcome migrants with dignity. We have welcomed more than 8500 asylum seekers in 13 days.

We need all levels of government, local and federal, to provide infrastructure and financial resources to help NGOs welcome with dignity.

If you want to help, please consider donating airline miles to Miles4Migrants. Please see the link in our bio to donate. Or donate directly to ImmDef at Immdef.org/donate.

#AsylumIsAHumanRight #WelcomeWithDignity

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

Scandalously, rather than looking to solve this humanitarian crisis, the GOP seeks to punish victims of Government dereliction of duty and their humanitarian responders for asserting well-established legal rights! Talk about a party of lawlessness! Sadly, it’s no surprise since they owe homage to an insurrectionist “leader” who is a notorious fraudster, con man, and criminal defendant in multiple cases!

While resisting the GOP’s worst racist/nativist nonsense, the Dems’ approach has been largely to avoid talking about immigration and human rights, apparently believing that pretending like they don’t exist will make them go away. But, migration isn’t going away!

While we can to some extent control, channel, and optimize migration, irresponsible “zero tolerance/uber deterrence” policies will do little to stop reality in the long run. It will, however, eventually force more migration underground and cede policy control to smugglers, cartels, and other criminals.

At the same time, obsessing over deterring and deporting those who merely seek refuge and a chance to contribute to America will actually diminish the harder work of focusing on criminals out to turn border disorder and misplaced priorities to their advantage.

Neither party appears to have a realistic plan for the border, and the GOP actively seeks to make things worse! Meanwhile, not for the first time, NGOs, local communities, and compassionate individuals are left to pick up the slack!

Recently, the San Diego County Board showed the potential for bipartisan cooperation on the border.

//www.sandiegouniontribune.com/news/border-baja-california/story/2023-09-26/county-declares-humanitarian-crisis-at-border-will-ask-federal-government-for-more-help

But, without a more realistic approach from the Feds — currently blocked by the GOP — local efforts are unlikely to succeed. And, that’s an avoidable humanitarian tragedy!

🇺🇸 Due Process Forever!

PWS

10-02-23

🇺🇸 COURTSIDE POLITICS: DEMS BAIL OUT McCARTHY, SAVE AMERICA (FOR NOW)! — NATIVIST IMMIGRATION NONSENSE STRIPPED OUT, BUT GOP THROWS UKRAINE 🇺🇦 UNDER THE BUS!🚌

Matt Gaetz (R-Outer Space)
The so-called mainstream media has seen fit to anoint this evil clown as the official spokesthing for the insurrectionist GOP.
PHOTO: X (formerly Twitter)

By Paul Wickham Schmidt

Courtside Exclusive

October 1, 2023

Saturday, at the 12th hour, GOP Speaker Kevin McCarthy (D-CA) finally did the obvious — reached out to Dems to save America from insurrectionist, anti-American GOP extremists by passing a last-minute continuing resolution that will fund American government until Nov. 17.

All Dems except one (who was protesting the GOP’s pro-Putin defunding of Ukraine aid) voted for the House bill, while 90 GOP insurrectionists voted to tank America and manufacture a needless crisis. The bill passed the nominally Dem-controlled Senate in about 30 seconds, and was signed by President Biden before midnight. The message about which party is serious about governing for the common good is obvious to all real patriots, even if a shocking number of GOP voters have foisted these far-right GOP clowns upon the rest of us.

The mainstream media uses the namby-pamby misnomer “border security,” to refer to the GOP’s proposed racist-nativist attack on immigration, destruction of the long-established right to asylum, and bogus attempts to reinstate “proven to fail,” draconian deterrence measures. As happened when tried unsuccessfully in the past, the GOP would turn over control of border migration policies to cartels, smugglers, and organized crime, while deflecting attention and undermining law enforcement efforts to control human and drug smuggling.

A true accounting for the GOP extremist agenda would clearly show how firmly on the side of Putin and border bandits today’s dangerous, “destroy America” GOP has become. Too bad the so-called “mainstream media” has so little interest in digging beyond the cosmetics on the border issues and Ukraine aid.

The mainstream media is also salivating about the bogus prospect of MAGA-maniac Matt Gaetz (R-Outer Space) unseating McCarthy. The fact that Gaetz is an extremist idiot who has nobody to replace McCarthy with doesn’t seem to have dawned on the “mainstreamers.” (“Matt Gaetz’s Motto is, ‘I’m an Asshole, What are You Going to Do About It?’” https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwjnkLH8h9WBAxXPkYkEHcr5CdoQFnoECBIQAQ&url=https://buzzflash.com/articles/matt-gaetz&usg=AOvVaw2XoHad3KzJeQitggMsTve3&opi=89978449).

In perhaps the ultimate example of clueless, Fox News inspired, “mainstream journalism,” CBS’s “This Sunday” saw fit to inflict Gaetz and his bombastic nonsense on hapless viewers today. NBC, on the other hand, maybe still smarting from new-host Kristen Welker’s disastrous, totally uncalled for, “inaugural” interview with a raving, incoherent, lie-spouting Trump, gave us wall-to-wall coverage of the Ryder Cup in place of “Meet the Press.” Honestly!

Look forward to more clownish theatrics and anti-American posturing from the GOP and their “Chief Clown” Trump, and more insipid reporting from the mainstreamers as America careens toward another likely GOP-generated “crisis” in mid-November. It’s NOT a “Washington problem! It’s purely a GOP that lacks any interest whatsoever in responsible governing.

🇺🇸 Due Process Forever!

PWS

10-01-23

🤯 WRONG AGAIN! — BIA Flubs Divisibility In 3rd Cir. — Pesikan v. Atty. Gen.

Dan Kowalski reports for LexisNexis Immigration Community:

https://www.lexisnexis.com/community/insights/legal/immigration/b/insidenews/posts/ca3-on-divisibility-pesikan-v-atty-gen

https://www2.ca3.uscourts.gov/opinarch/203307p.pdf

“Petitioner Srecko Pesikan argues that the Board of Immigration Appeals (“BIA”) erred in concluding that his 2018 Pennsylvania conviction for driving under the influence (“DUI”) of marijuana constituted an offense involving a “controlled substance,” as defined in the federal Controlled Substances Act (“CSA”), thereby rendering him removable under the Immigration and Nationality Act of 1952, 8 U.S.C. § 1227(a) (“INA”). We agree and will grant his petition for review. … In sum, because the identity of the specific controlled substance is not an element of the Pennsylvania DUI statute, the state statute of conviction is indivisible and cannot serve as the basis for Pesikan’s removal under the INA. … For the foregoing reasons, we will grant Pesikan’s Petition for Review in case number 21-1262 and will reverse the order for removal.”

[Hats way off to appointed pro bono counsel Bruce Merenstein, Arleigh Helfer and Stephen Fogdall (argued)! Here is a link to the audio of the oral argument.]

Stephen A. Fogdall, Esquire

– Stephen A. Fogdall

—

Daniel M. Kowalski

Editor-in-Chief

Bender’s Immigration Bulletin (LexisNexis)

cell/text/Signal (512) 826-0323

@dkbib on Twitter

dan@cenizo.com

Free Daily Blog: www.bibdaily.com

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

These are important cases with high stakes! They deserve expert analysis from expert judges.

Eliminating unnecessary Circuit reversals and remands like this would also help address the backlog-building, due-process-denying phenomenon of “Aimless Docket Reshuffling” at EOIR. Avoidable mistakes at the “retail level” are systemically costly to our justice system in more ways than one!

And, remember, that for every EOIR mistake that gets “caught” by the Article IIIs, dozens of these injustices probably go uncorrected! Circuit review is a luxury that isn’t available to most individuals who lose at the BIA level. Even here, Mr. Pesikan would have had no chance at the Circuit except for court-appointed pro bono counsel Stephen A. Fogdall and his team at Dillworth & Paxon, LLP, another luxury unavailable to litigants at the EOIR level.

Moreover, even when Circuit review does take place, the inappropriately deferential standards established by Congress allow (or even require) some Circuit panels to merely sweep glaring injustices under the rug without grappling with the overall constitutional implications of this shoddy, due–process-denying system. Why on earth would “deference” be given or review restricted over the “gang that can’t shoot straight” at EOIR?”

Gang that couldn't shoot straight — Would you give “deference” to these guys?
Theatrical poster from Wikipedia

Congress and the Article III Courts appear unlikely to face up to the need for constitutionally-required reforms at EOIR in the near future. Therefore, as I pointed out yesterday, it’s critical that NDPA experts apply for judicial positions at EOIR to change the system for the better and save lives from “within.” https://immigrationcourtside.com/2023/09/27/🇺🇸⚖%EF%B8%8F🗽🧑⚖%EF%B8%8F👨🏾⚖%EF%B8%8F-attention-ndpa-better-courts-mean-a-better-america-fr/.

🇺🇸 Due Process Forever!

PWS

09-25-23

🤡🤯AS AMERICA SUFFERS, THE GOP CLOWN SHOW ROLLS ON TOWARD OBLIVION!

Clown Parade — The GOP, in full regalia, heads for the U.S. House. PHOTO: Public Domain

Dana Milbank writes @ WashPost:

https://www.washingtonpost.com/opinions/2023/09/22/gaetz-mccarthy-shutdown-house-gop-deadlock/

Martin Luther nailed his theses to a church door. Matt Gaetz displayed his in the men’s room.

Specifically, the congressman (or somebody) left a draft of his “Motion to Vacate” on a baby changing table in a restroom downstairs from the House chamber, where it was found by journalist Matt Laslo. “H. Res. __,” it began. “Resolved, that the Office of Speaker of the House of Representatives is hereby declared to be vacant.”

But Gaetz (R-Fla.) doesn’t need a resolution to “vacate the chair,” as a motion to remove Kevin McCarthy as speaker iscalled. For all practical purposes, the chair is already vacant.

It should have been obvious to all this week, if it wasn’t already, that McCarthy (R-Calif.) is speaker in name only, as his leaderless Republican caucus stumbles toward a government shutdown. Review some of the labels House Republicans hurled at each other over the last few days:

“Clown show.” “Clowns.” “Foolishness.” “Weak.” “Terribly misguided.” “Selective amnesia.” “Stupidity.” “Failure to lead.” “Lunatics.” “Disgraceful.” “New low.” “Enabling Chairman Xi.” “People that have serious issues.” “Pathetic.”

Amid the epithets, Republicans brought the House to another standstill. For the second time in as many weeks, hard-liners blocked the House from even considering a bill to fund the troops. Two days later, they blocked it for a third time. They also forced party leaders to pull from the floor their plan to avert a shutdown — a plan that would do nothing to avert a shutdown even if it passed.

Walking into yet another grievance-airing session among House Republicans this week in the House basement, first-term Rep. Richard McCormick (Ga.) remarked to a colleague: “I think we should call this the Dance of the Dragons.” That was a “Game of Thrones” reference to a civil war in which (spoiler alert) both of the aspirants to the Targaryen throne died, along with several of their children and most of the dragons. McCormick later developed the metaphor for me: “We have a lot of powerful people in one room who are ferocious,” he explained in part, and “it’s going to get even uglier.”

. . . .

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

Read Milbank’s full article at the above link.

Dana Milbank
Opinion Columnist
Washington Post

Remember, folks, the problem here is NOT “Congress,” as the so-called “mainstream media” would have you believe! No, it’s the GOP — the anti-American party of nihilism, insurrection, lies, and extremism! McCarthy COULD have had an agreement in hand long before now. all it would take is picking up the phone and working with Leader Jeffries and the Dems to come up with a reasonable funding proposal that could actually PASS the Senate! Indeed, McCarthy earlier cut such a deal with President Biden until he violated it under pressure from a few right-wing members of the GOP “wrecking crew” in an act of supreme cowardice (a McCarthy specialty) and total failure to pursue the common good.

Notably, when the House had a REAL Leader, Speaker Pelosi, there was no shutdown during the Trump Administration — even though there were plenty of issues (Dreamers being a key one) that some Dems would have liked her to “go to the mat” on. When the chips are down, Dems believe in governing; the GOP believes in destroying!

Upcoming generations who don’t want to live in a country where conspiracy theories, cruelty, misinformation, hatred, intolerance, false grievances, vengeance, dehumanization, greed, self-aggrandizement, racism, anti-semitism, grotesque fiscal and moral irresponsibility, misogyny, incompetence, and just plain stupidity replace democracy and governing for the common good had better get energized and busy coming up with a strategy to remove GOP members from every elected position from the national level to local animal control officers. Otherwise, the majority of the next generations will face a bleak future in a nation trying to return to a past that never was with faux “leaders” who demonstrably can’t lead, and don’t even make a pretense of trying to do so.

The “forced birth party” shows little, if any, concern for the well-being of humanity once it has exited the womb!

🇺🇸 Due Process Forever!

PWS

09-26-23

⚖️👩🏼‍⚖️ HON. DANA LEIGH MARKS: DOJ’S PROPOSED RULE ENHANCING IMMIGRATION COURT INDEPENDENCE & EFFICIENCY IS A “BIG DEAL!”

Hon. Diana Leigh Marks — Hon. Dana Leigh Marks
Retired U.S. Immigration Judge
San Francisco Immigration Court
Past President, National Association of Immigration Judges, Member Roundtable of Retired Immigration Judges

From the Los Angeles & San Francisco Daily Journal:

https://drive.google.com/file/d/1Fmf6Fqu_Hl8hkIxclUllNEZLQ2LGouU9/view?usp=sharing

The just published proposed regulation is a big deal. It begins with over thirty pages of introductory information debunking the misguided justifications for the previous version of this rule [enjoined by a Federal Court]. Point by point the flawed logic, counterproductive encroachment on judicial discretion, and unnecessary micromanagement [an endemic EOIR problem] is called out.

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

Read Dana’s complete article at the link.

Many thanks my friend for your incisive, outstanding analysis! It’s astonishing and quite disturbing the amount of absolute “bunk” and racially-focused misinformation DOJ and EOIR foisted on the public under Trump. Indeed, EOIR under Trump pushed out a scandalously false and misleading bogus “fact sheet” smearing asylum seekers and their lawyers. See, e.g., https://immigrationcourtside.com/2019/05/13/special-roundtable-of-former-immigration-judges-blasts-eoir-director-mchenry-for-spreading-lies-misrepresentations-political-pandering-undermining-judicial-independence-and-gro/.

It appears that EOIR is slowly correcting some of the mistakes of the recent past. What’s disappointing and of great concern: 1) Should and could have been “day one stuff;” 2) Judge Dana Marks was on the EOIR payroll on Jan. 20, 2021, and she or a qualified expert like her could and should have been put in charge and empowered to kick tail, take names, clean house, bring in top judicial and administrative talent, and implement long-overdue, still absent, EOIR reforms!

Better late than never? Perhaps, we’ll see. But, I’m not betting the farm on it!

🇺🇸 Due Process Forever!

PWS

09-21-23

🤮 SCOFFLAW WATCH: IN “A-B-III” A.G. GARLAND ORDERED ALL EOIR JUDGES TO APPLY THE BIA’S PRECEDENT MATTER OF A-R-C-G- (PSG/DOMESTIC VIOLENCE) — HIS BIA DIDN’T GET THE WORD, SAYS 3RD CIR — Avila v. Att’y Gen.

Kangaroos — Mob chatter:
“Hey, anyone here know what an ARCG is?”
“No clue.”
“Some kind of boat?”
“Maybe we should ask Noah.”
“Don’t bother. The only rule we follow around here is ‘When in doubt, throw ‘em out!’”
“Isn’t that what the UN Handbook says, that ‘giving the benefit of the doubt’ means to ‘doubt that any benefit will ever be given?’”
“Yup, sounds right to me!”
“I don’t understand it. We’re overtly hostile to asylum seekers and their lawyers, we’ve tilted the playing field against them, yet they still come! Why?”
“Detain, discourage, deny, deport, deter, that’s our mission!”
“Where due process, fundamental fairness, and best practices go to die!”
“Precedents? We only follow the ones unfavorable to respondents!”
https://www.flickr.com/photos/rasputin243/
Creative Commons License

From: Ted Murphy
Sent: Thursday, September 14, 2023 10:09 AM
To: AILA Philadelphia List
Cc: Kaley Miller-Schaeffer
Subject: 3rd Circuit Precedent – PSG Honduras A-R-C-G-
Importance: High

Friends,

Please see the attached precedent decision from the 3^rd Circuit today. While the first 16 pages of the 21 page decision focus on CIMT issues, the final 4 pages are worth reading on PSG similar to A-R-C-G- that the BIA ignored.

Here, on the other hand, the BIA did not adhere to

Matter of A-R-C-G-’s requirement to examine Avila’s PSG

within the context of the specific country conditions in

Honduras. The BIA rejected Avila’s PSG for lack of

particularity without considering evidence in the record about

“widespread and systemic violence” against Honduran women,

“inconsistent legislation implementation, gender

discrimination within the justice system, and lack of access to

services.”109 Evidence in the record, including that “[l]ess than

one in five cases of femicide are investigated,… and the

average rate of impunity for sexual violence and femicide is

approximately 95%,” may have been relevant in examining

whether Avila’s proposed PSG was cognizable.110 Just as the

cultural attitudes toward gender were relevant in Matter of A-

R-C-G-, evidence in the record as to the “machismo culture” in

Honduras may be relevant to assessing whether Avila has a

cognizable PSG.111

Moreover, in Matter of A-R-C-G-, DHS conceded that

the proposed group “married women in Guatemala who are

unable to leave their relationship” was sufficient for a PSG

asylum claim.112 Given the similarity between that social group

and “Honduran women in a domestic relationship where the

male believes that women are to live under male domination,”

we must remand for the BIA to provide clarification as to its

application of Matter of A-R-C-G-, and to determine whether

Avila’s proposed PSG is cognizable in light of the specific

country conditions

.

We must also remand for the BIA to consider whether

Avila demonstrated a well-founded fear of persecution on

account of her PSG. The BIA determined that Avila’s PSG did

not “exist independently” of the harm alleged, as required

under Matter of M-E-V-G-113 and Matter of W-G-R-.114 Matter

of M-E-V-G- cites to this Court’s prior precedent in Lukwago

v. Ashcroft,115 which states that a PSG “must exist

independently of the persecution suffered by the applicant for

asylum.”116 However, Lukwago makes clear that in

determining whether a PSG exists independently of the

persecution suffered, the BIA must consider the PSG in the

context both of “past persecution” and a “well-founded fear of

persecution.”117 Here, the BIA did not consider whether Avila

had demonstrated that she had a well-founded fear of

persecution based on her past experiences of abuse and sexual

violence. Accordingly, we will remand for the BIA to consider,

in addition to whether Avila has suffered past persecution on

account of her PSG, whether she has demonstrated a well-

founded fear of future persecution.

In conclusion, on remand, the BIA should (1) clarify,

given the Government’s concession in Matter of A-R-C-G- that

the proposed group was sufficient for a PSG asylum claim, its

application of Matter of A-R-C-G- to the present case, and

consider Avila’s PSG in the context of evidence presented

about the country conditions in Honduras and (2) provide

guidance in applying both Matter of A-R-C-G- and Matter of

M-E-V-G- with respect to past persecution and a well-founded

fear of future persecution on account of membership in a PSG

Case was argued by Attorney Kaley Miller-Schaeffer.

Best regards,

Ted

Theodore J. Murphy, Esquire

Murphy Law Firm, PC

https://www2.ca3.uscourts.gov/opinarch/221374p.pdf

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

Once again, the BIA fails to follow its own precedent favorable to the respondent! Yet, in a Dem Administration they get away with mocking the rule of law in life or death cases, in a “court system” that the Dems “own.” Why?

WHO applies precedents and rules can be as important as the precedents and rules themselves! Failure to properly and uniformly apply legal rules that favor asylum seekers has become a chronic problem at EOIR. It’s one that Garland has yet to effectively and comprehensively address!

Many congrats to Kaley Miller-Schaefer and Murphy Law!

Kaley MIller-Schaefer ESQ — Kaley Miller-Schaefer ESQ
Partner
Murphy Law
PHOTO: Linkedin

🇺🇸Due Process Forever!

PWS

09-15-23

STUART ANDERSON @ FORBES WITH SOME COMMON SENSE ADVICE: “Let ‘Em Work!” — “There are labor shortages in many U.S. industries, where employers are prepared to offer training and jobs to individuals who are authorized to work in the United States.”💡

Parole programs and other legal pathways reduce illegal entry and are more humane. “Latin American experts say it is wrong to assume immigration enforcement policies can override the human instinct to leave untenable circumstances and seek a better life.” #immigration #asylum #asylumseekers

https://www.linkedin.com/feed/update/urn:li:activity:7103429953483849728?updateEntityUrn=urn%3Ali%3Afs_updateV2%3A%28urn%3Ali%3Aactivity%3A7103429953483849728%2CFEED_DETAIL%2CEMPTY%2CDEFAULT%2Cfalse%29&lipi=urn%3Ali%3Apage%3Ad_flagship3_myitems_savedposts%3Bb2bYzbhpTP2VzgwEtxkzqQ%3D%3D

New York City business leaders have asked the Biden administration to provide more federal aid and expedite work permits for asylum seekers. If asylum seekers could work, they would likely find their own housing, which would ease the burden on New York and other city governments. Businesses around the country seek more workers to fill positions. Advocates recommend policies that would provide a more comprehensive solution amid an historic refugee crisis that analysts consider unlikely to be addressed through enforcement-only policies.

A Plea From Businesses

“The New York business community is deeply concerned about the humanitarian crisis that has resulted from the continued flow of asylum seekers into our country,” according to an August 28, 2023, letter from the Partnership for New York City to President Biden and Congressional leaders. “We write to support the request made by New York Governor Hochul for federal funding for educational, housing, security and health care services to offset the costs that local and state governments are incurring with limited federal aid.

“In addition, there is a compelling need for expedited processing of asylum applications and work permits for those who meet federal eligibility standards. Immigration policies and control of our country’s border are clearly a federal responsibility; state and local governments have no standing in this matter. There are labor shortages in many U.S. industries, where employers are prepared to offer training and jobs to individuals who are authorized to work in the United States.”

. . . .

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

Read the complete article at the link.

For each of my classes in Immigration Law & Policy @ Georgetown Law, the students were required to find and report on an item relating or illustrating the topic for the class. Stuart Anderson was one of the “most reported on” sources! I think it’s because his writing is so clear, understandable, and sensible to all audiences!

Immigration affects everything and is a key to a better future for all. That’s why it’s a shame Dems aren’t willing to tout it, instead basically ceding the issue to GOP restrictionists. Big mistake, in my view!

🇺🇸 Due Process Forever!

PWS

09-03-23

🤯 CAT-ASTROPHE: TOM MOSELEY DOWNS OIL, AS 3RD REACTS TO EOIR’S DISDAIN FOR FOLLOWING CIRCUIT PRECEDENT!

Train wreck —
“A heck of a way to run the railway!”
Public Realm

Dan Kowalski reports for LexisNexis Immigration Community:

https://www.lexisnexis.com/community/insights/legal/immigration/b/insidenews/posts/ca3-on-cat-procedural-failures-not-following-instructions-llanes-quintero-v-atty-gen

“On Petition for Review of a Final Order of the Board of Immigration Appeals. (Agency No. A209-343-065). Immigration Judge: David Cheng. … As for Quinteros’s Convention Against Torture claim, our precedent requires the agency to follow certain steps. Yet neither the judge nor the Board did so. … Here, neither the immigration judge nor the Board followed our instructions. … Those procedural failures infected the agency’s decisions. Neither the immigration judge nor the Board considered a separate death threat and beatings that Quinteros got from gang members. In gauging the likelihood and severity of future harm, the agency should have considered the gang’s death threat too. See Herrera-Reyes v. Att’y Gen., 952 F.3d 101, 112 n.5 (3d Cir. 2020). So we will grant the petition as to Quinteros’s Convention Against Torture claim, vacate the Board’s order, and remand.”

[Hats off to Thomas E. Moseley!]

Thomas E. Moseley ESQ

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

Gee whiz, applying and following Circuit precedent seems like “Immigration Judging 101!” Yet two levels of supposedly “expert” EOIR judges blew it — badly! Fortunately, this respondent was represented by experienced Federal litigator Thomas E. Moseley, who is never afraid to go to the Article IIIs to correct EOIR’s errors.

But, most respondents aren’t so lucky. So, it’s likely that for every defective adjudication “outed” by a Circuit, multiple, potentially deadly or at least life changing, mistakes go uncorrected. Worse yet, some are even “institutionalized!” Seems like a “heck of a way to run the railway,” particularly for a former Article III Judge who was once nominated for the Supremes!

Unforced error after unforced error in life or death cases from Garland’s substandard “courts!” Would brain surgeons 🤯☠️ who kept on screwing up critical operations still be “on staff.” I doubt it! So, why aren’t “DOJ attorneys” carrying out quasi-judicial functions subject to some quality controls? In theory, that’s supposed to be the BIA’s function. But, the BIA has firmly established itself as “part of the problem, NOT the solution!”

Congrats to my long-time friend and former “Legacy INS” colleague Tom Moseley. As a former INS Special Assistant U.S. Attorney in the SDNY (in the time of “Crazy Rudy”) during the “Inman/Schmidt Era” at INS General Counsel, Tom has also seen both sides of the system!

🇺🇸 Due Process Forever!

PWS

08-27-23

😭A LAWYER’S LAMENT FROM TSUI YEE: “Oh, For The Good Old Days Of Public Service & Positive Personal Contact With The Immigration Bureaucracy!”

Tsui H. Yee, Esquire
Law Offices of Tsui H. Yee, PC
New York, NY
PHOTO: Linkedin

From LinkedIn:

The longer I have been practicing immigration law, the more I long for ‘the good old days.’

I remember being able to call the Vermont Service Center, and being able to speak to an immigration officer to go over issues on a case. These officers were friendly, knowledgeable, and willing to help resolve issues. They were not adversarial or looking for ways to deny your client’s petition or application. In fact, a few of these officers would give me their home phone to call them, because some of them worked from home during the work week.

I remember when NVC was super-efficient, organized and a pleasure to deal with. Yes, there was a time when NVC actually knew what they were doing and were responsive. I went on a tour to visit NVC’s offices in Portsmouth, NH, and the NVC staff who led the tour were completely transparent about their process.

I remember being able to walk into the local USCIS office, and speak to a supervisor in person about a problem. For example, if USCIS denied an application in error, it was possible to convince the supervisor to reopen the denied case with proof that USCIS’ denial was incorrect. This is known as a “Service motion” and if granted, USCIS would not require the motion to reopen / reconsider filing fee because it was their own mistake.

Nowadays, none of the above would be possible. The immigration government agencies have removed themselves almost completely from having to deal with the public, which makes an immigration attorney’s job all that more challenging. Sadly, USCIS and NVC are really out of touch with the hurdles that attorneys and clients face in navigating an extremely complex area of law.

#immigration #USCIS #NVC #governmentaccountability #immigrationlawyer

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

Thanks, Tsui!

Very true and perceptive! Public service seems to be an afterthought these days. The Trump Administration actually took it out of USCIS’s mission statement! And, they squandered funds that were supposed to be spent on timely, professional adjudications and wasted it on a variety of bogus enforcement gimmicks designed to discourage the public from applying for ANY immigration benefit!

The Biden Administration has tried to make some improvements. For example, USCIS just announced a new system for scheduling appointments. But, there is still a long, long way to go!

Some of the comments on Tsui’s post on Linkedin are making me almost nostalgic for my days in the “Legacy INS” in the 1970’s and 80’s. It could be a strange place. (My good friend and colleague Joanna London used to say, “Truth is stranger than fiction. And INS is stranger than truth.”)

But, there definitely were human connections, efforts to solve problems, and institutional/legal knowledge there that seem to be largely missing from today’s DHS and DOJ/EOIR. Certainly, the “INS years” were the formative ones in my legal career.

I know there are some very good folks at DHS and EOIR now. But, they seem to be hidden from the public and largely inaccessible. I learned tons from individuals like Maury Roberts, Charlie Gordon, Louisa Wilson, Sam Bernsen, Ralph Farb, “Iron Mike” Inman, Doris Meissner, Leon Ulman, Dick Scully, James P. “Phil” Morris, Sol Isenstein, Andy Carmichael, Neil Leary, Hugh Brien, Irv Appleman, Charlie McCarthy, Glen Bertness, (fellow Wisconsinite) Roger “Buck” Brandemuehl, “Cousin Bob” Schmidt, et al. Can’t think of many folks of that stature in today’s rather bloated and largely faceless immigration bureaucracy.

During my days in private practice, I remember a Service Center adjudicator calling to tell me we had inadvertently overpaid the filing fee, rather than “rejecting” the application and returning it to us by mail. Another time, an adjudicator called with a request for an additional document, saying the application was so obviously carefully and thoughtfully prepared and indexed that he saw no point in returning it with a “deficiency notice.” Can’t see those types of personal touches, which actually promoted efficiency, happening today.

Even EOIR, which used to be the “human face of American justice” (for better or worse), has now moved largely to televideo hearings, e-filing, and “remote adjudication centers” masquerading as “courts.” There are pros and cons to these moves. Certainly, many of us have been calling for e-filing for years; a number of attorneys I have talked with appreciate the convenience and flexibility provided by televideo hearings. So, it’s a mixed bag.

I will say that having done thousands of both televideo and in person hearings over my years on the bench, I always found in person hearings easier to conduct and more conducive to justice. I also enjoyed and benefitted from consistent professional relationships with the Arlington private bar and the Arlington Chief Counsel’s Office, something that has been largely lost with the advent of adjudication centers removed from the public and the unilateral decision by ICE to only “selectively participate” in Immigration Court litigation. (Just today, “Arlington Court Alum” Nicole Lillibridge Radakovich, now an attorney on the staff of the Federal Law Enforcement Training Center in Brunswick, Georgia (where I used to teach on an occasional basis during my “Legacy INS” days) “reconnected” with me through Linkedin!)

I used to view my “courtroom as a classroom” where we were all learning and improving case-by-case. I wonder if that era has passed at today’s EOIR?

Tsui’s post also reminds me of one of my first published “separate opinions” during my tenure as BIA Chair. Matter of Ponce De Leon, 22 I&N Dec. 154, 159 (BIA 1996, 1997; AG 1997) (Schmidt, Chairman, concurring). It was immediately dubbed “The Chairman’s Lament” by my BIA colleague the late Judge Fred W. Vacca. Turned out to be one of many to follow!

🇺🇸Due Process Forever!

PWS

08-22-23

🏴‍☠️🤯☠️ INVITE ‘EM TO DEFECT, THEN ARBITRARILY REJECT — Russian Allies Find Broken U.S. Asylum System Akin To Russian Roulette! — “I don’t understand how we are denying Russians at all,” says Jennifer Scarborough, Refugees’ Lawyer!

Jennifer Scarborough, EsquireLaw Firm of Jennifer Scarborough PLLC Harlingen, TX PHOTO: Firm — Jennifer Scarborough, Esquire
Law Firm of Jennifer Scarborough PLLC
Harlingen, TX
PHOTO: Firm

http://enewspaper.latimes.com/infinity/article_share.aspx?guid=df3af6fe-6f28-47f0-a65a-95a9e0272c10

Hamed Aleaziz & Tracy Wilkinson report for the LA Times:

WASHINGTON — Numerous Russians attempting to escape conscription onto the Ukrainian battlefield have made perilous journeys to the United States, trusting in the Biden administration’s declaration that the U.S. would “welcome” those fleeing the war and their forced participation in it.

Instead of winning asylum, however, some of these men have been detained and, in at least one case, deported back to Russia, where they could be thrown into the fight against U.S.-armed Ukraine — into “the meat grinder,” as the U.S. secretary of State recently put it.

The U.S. has deported nearly 190 Russians since the beginning of October 2022, almost three times as many as were removed during the entire prior year.

Some Russian conscripts have refused to board deportation flights, forcing U.S. immigration officers to return them to immigration detention and legal limbo.

Three Russians the U.S. detained and sought to deport told The Times that certain abuse awaited them at home, where draft dodgers are subject to imprisonment or swift dispatch to front lines. The three Russians said they felt bewildered — betrayed, even — bythe U.S. asylum system. The Times is withholding their identities because they fear retribution if they are returned to Russia.

“Death awaits me there if I go back,” said one Russian man in his 20s. He said he was slated to be deported but fainted when immigration officials loaded him onto the plane, which forced them to return him to detention.

Although Ukrainian President Volodymyr Zelensky urged Russians who opposed the war to stay at home and fight to topple Russian President Vladimir Putin, the Biden administration has explicitly encouraged Russians who do not want to fight in Ukraine to seek asylum in the United States.

“There are people out there in Russia who do not want to fight Putin’s war or die for it,” White House Press Secretary Karine Jean-Pierre said in September. “We believe that, regardless of nationality, they may apply for asylum in the United States and have their claim adjudicated on a case-by-case basis.

“We welcome any folks who are seeking asylum, and they should do that,” she said.

But Russians who have taken the U.S. up on that offer have quickly discovered that seeking asylum is not the same as winning it. The U.S. government’s willingness to help people who flee Russia — even if doing so undermines Russia’s war effort — is limited.

In some cases, the government has argued that being called up to serve in the Russian military is not alone sufficient grounds for asylum. Jennifer Scarborough, the lawyer for the three Russians The Times interviewed, has countered that they qualify for asylum because they did not want to be involved with the war for political reasons and would face unreasonable repercussions for refusing to serve.

“They could be deported back to a regime that is committing gross human rights violations,” she said. “I don’t understand how we are denying Russians at all.”

The number of Russians crossing the southern U.S. border surged in November and December, shortly after Putin, facing massive casualties among his troops, ordered up a fresh army mobilization and drafted up to 300,000 reservists.

Russians crossed the southern border more than 5,000 times in November and nearly 8,000 times in December, a major increase from earlier months.

More than 8 million Ukrainians have fled their homeland since Putin launched his invasion of the former Soviet Republic on Feb. 24, 2022. Their escapes have involved trains and commercial flights and massive assistance, and they have largely been welcomed in other countries.

By contrast, many of those fleeing Russia for the U.S. have used the same difficult and at times treacherous route that disfavored refugees from all over the world use. A flight from Dubai or Istanbul gets them to South America, where they continue on flights, buses and by foot northward, sometimes trekking through jungle, to reach Mexico and the U.S. border.

One man who spoke to The Times was picked up by immigration agents in December near Tecate. The man made the weeks-long journey to the U.S. with his younger brother.

The man fled Russia when his call-up notice arrived.

“Even in childhood, I understood that, for me, America was a symbol of freedom,” he said in a telephone interview from a detention center in Pennsylvania. “And yes, there was a dream to move here one day. Because during your entire life in Russia, it is difficult; you’re discriminated against at every turn.”

“I went through war,” the man said. “I know what this entails. I saw the war. And now they are trying to force me to bring this to Ukraine.”

. . . .

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

Read the complete report at the link.

Jenn Scarborough asks the right question. In a functioning protection system, one would expect most cases like this to be granted in short order. However, the BIA generally has restrictive precedents on draft evaders and deserters stemming largely from a desire to deny protection to applicants fleeing civil wars in Central America decades ago. See, e.g., Matter of A-G-, 19 I & N Dec. 502 (BIA 1987).

As “Courtsiders” know, the endemic problem is lack of expert, progressive, dynamic, courageous intellectual leadership in a system now solely controlled and operated by a Dem Administration that often acts more like an “old school GOP” one on immigration and human rights! Administration of both parties live in perpetual fear that making good on promises of fair treatment and legal protection would actually motivate refugees to seek it!

That’s a particular problem at EOIR which should be the legal intellectual leader here! We need practical, scholarly, generous, common sense precedents focusing on what should be easily grantable protection claims!

Instead, we have a leaderless, bureaucratic, non-expert mess, still retaining too many elements of the anti-immigrant, anti-asylum, any reason to deny, go along to get along, court as a “deterrent” system constructed and promoted by the Trump Administration. That has continued to churn out both egregious inconsistencies and backlog-building inefficiencies in critical “life or death” cases!

🇺🇸 Due Process Forever!

PWS

08-20-23

🏴‍☠️☠️⚰️💰 DECADES OF DEADLY FAILURE FAIL TO DIM PROFITS OF BORDER DETERRENCE GIMMICKS!

Border Death — Full coffins mean full coffers for the “border deterrence industry.” This is a monument for those who have died attempting to cross the US-Mexican border. Each coffin represents a year and the number of dead. It is a protest against the effects of Operation Guardian. Taken at the Tijuana-San Diego border.
Tomas Castelazo
To comply with the use and licensing terms of this image, the following text must must be included with the image when published in any medium, failure to do so constitutes a violation of the licensing terms and copyright infringement: © Tomas Castelazo, www.tomascastelazo.com / Wikimedia Commons / CC BY-SA 3.0

Todd Miller reports for the BorderChronicle:

https://substack.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.w-bNM02eUaZHfY7ojKTD4aVI7br24RMUUozCM32pBPs?

When I first came across Cochrane International, the company that built the floating barrier deployed in Eagle Pass, Texas, I watched a demonstration the company gave with detached bemusement. I was at a gun range just outside San Antonio. It was 2017, three months after Donald Trump had been sworn in and the last day of that year’s Border Security Expo, the annual gathering of Department of Homeland Security’s top brass and hundreds of companies from the border industry. Among industry insiders, the optimism was high. With Trump’s wall rhetoric at a fever pitch, the money was in the bank.

All around me, all morning, Border Patrol agents were blasting away body-shaped cutouts in a gun competition. My ears were ringing, thanks in part to the concussion grenade I had launched—under the direction of an agent, but with great ineptitude—into an empty field as part of another hands-on demonstration. The first two days of the expo had been in the much-posher San Antonio convention center, where companies displayed their sophisticated camera systems, biometrics, and drones in a large exhibition hall. But here on the gun range we seemed to be on its raw edge.

So when a red truck with a camo-painted trailer showed up and announced its demonstration, it wasn’t too much of a surprise. The blasting bullets still echoed all around as if they would never cease. Two men jumped out of the truck wearing red shirts and khaki pants. They frantically ran around the camo trailer, like mice scurrying around a piece of cheese trying to figure out the proper angle of attack. Then the demo began. One of the men got back in the truck, and as it lurched forward, coiling razor wire began to spill out of its rear end as if it were having a bowel movement. As the truck moved forward, more and more of Cochrane’s Rapid Deployment Barrier spilled out until it extended the length of a football field or more. It was like a microwavable insta-wall, fast-food border enforcement.

Little did I know that six years later, this same company, Cochrane, would give us the floating barrier, with its wrecking ball–sized buoys connected side by side with circular saws. The floating barrier, as the Texas Standard put it, is the “centerpiece of Operation Lone Star,” Texas governor Greg Abbott’s $4.5 billion border enforcement plan. For this barrier, which has now been linked to the deaths of at least two people, the Texas Department of Public Safety awarded Cochrane an $850,000 contract.

. . . . .

When I first saw Cochrane back in 2017 among the ear-ringing gunfire on the last day of the Border Security Expo, I had a feeling I might see them again. No matter how ludicrous the rapid barrier deployment camo truck seemed to me then, there was, indeed, plenty of money to be made.

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

Money and profit over humanity, common sense, and the rule of law. Read the full article at the link.

🇺🇸 Due Process Forever!

PWS

0-19-23

☠️🤮🏴‍☠️ “NO EXCUSE,” SAYS NDPA MAVEN DEBI SANDERS AS NPR REPORTS THAT BIDEN ADMINISTRATION PLAYED “HIDE THE BALL” ON HORRIFIC CONDITIONS IN THEIR “NEW AMERICAN GULAG” (“NAG”)! — Tom Dreisbach Reports For NPR On Yet Another Grotesque Failure By Garland, Monaco, Gupta, Clarke, & Prelogar To Do Their Jobs!

Inside the Gulag
The legacy of Biden, Harris, Mayorkas, Garland, Monaco, Gupta, Clarke, Prelogar and others will be truly ugly for the abuses in the “New American Gulag” that Mayorkas continues to operate while DOJ aids cover up and inexcusably defends grotesque human rights abuses! What happened to the concept of integrity and ethics at DOJ?

https://www.npr.org/2023/08/16/1190767610/ice-detention-immigration-government-inspectors-barbaric-negligent-conditions

In Michigan, a man in the custody of Immigration and Customs Enforcement (ICE) was sent into a jail’s general population unit with an open wound from surgery, no bandages and no follow-up medical appointment scheduled, even though he still had surgical drains in place.

A federal inspector found: “The detainee never received even the most basic care for his wound.”

In Georgia, a nurse ignored an ICE detainee who urgently asked for an inhaler to treat his asthma. Even though he was never examined by the medical staff, the nurse put a note in the medical record that “he was seen in sick call.”

“The documentation by the nurse bordered on falsification and the failure to see a patient urgently requesting medical attention regarding treatment with an inhaler was negligent.”

And in Pennsylvania, a group of correctional officers strapped a mentally ill male ICE detainee into a restraint chair and gave the lone female officer a pair of scissors to cut off his clothes for a strip search.

“There is no justifiable correctional reason that required the detainee who had a mental health condition to have his clothes cut off by a female officer while he was compliant in a restraint chair. This is a barbaric practice and clearly violates … basic principles of humanity.”

. . . .

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

Many thanks to my friend Debi Sanders for sending this my way with her succinct, “says it all,” two-word comment! Read and listen to the full report at the link.

Yet one more example of the failed Attorney Generalship of Merrick Garland! Where is the integrity, decency, and adherence to the rule of law that we were promised from a former Federal Judge and Supreme Court nominee?

Sure, the inhumanity flourished under the Trump regime! But, the last election was about a change and improvement, particularly in immigration. Garland’s performance on immigration, human rights, and racial justice should be a totally unacceptable to Dems!

🇺🇸 Due Process Forever!

PWS

08-17-23

🇺🇸⚖️🗽🧑‍⚖️ CONGRATULATIONS TO HON. KATHERINE E. (“KATE”) CLARK, NEWLY APPOINTED APPELLATE JUDGE AT THE BIA: Practical Scholar, Legacy Arlington Immigration Court Intern Alum, Former EOIR JLC, Georgetown Law Grad, AYUDA Supervisor, Hill Staffer, Civil Servant, Judge Clark’s Broad Background Appears “Just What The Doctor Ordered” For Failing & Flailing “Supreme Court of Immigration!”😎

Hon. Katherine E. Clark — Honorable Katherine E. Clark
Appellate Immigration Judge & Board Member
U.S. Board of Immigration Appeals
PHOTO: AYUDA website

Here’s the EOIR press release:

https://www.justice.gov/eoir/page/file/1593116/download

EOIR Announces New Appellate Immigration Judge

FALLS CHURCH, VA – The Executive Office for Immigration Review (EOIR) today announced the appointment of Katharine E. Clark as a Board Member of EOIR’s Board of Immigration Appeals (BIA).

The BIA is the highest administrative body for interpreting and applying immigration laws, having nationwide jurisdiction to hear appeals of decisions by adjudicators, including Immigration Judges.

Biographical information follows:

Katharine E. Clark, Appellate Immigration Judge

Attorney General Merrick Garland appointed Katharine E. Clark as an Appellate Immigration Judge in August 2023. Judge Clark earned a Bachelor of Arts, magna cum laude, in 2003 from Brown University and a Juris Doctorate in 2006 from Georgetown University Law Center. From 2022 to 2023, and 2007 to 2018, she served as a senior litigation counsel and trial attorney at the Office of Immigration Litigation, Civil Division, Department of Justice. From 2019 to 2021, she was a managing attorney at Ayuda in Silver Spring, Maryland, where she also handled cases on a pro bono basis. From 2018 to 2019, she was counsel for the U.S. Senate Judiciary Committee. From 2006 to 2007, she served as a Judicial Law Clerk at the Boston Immigration Court, entering on duty through the Attorney General’s Honors Program. Judge Clark is a member of the Maryland State Bar and the Pennsylvania State Bar.

— EOIR —

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

Proud to say Judge Clark is a graduate of not only Georgetown Law (where I am an Adjunct), but one of many distinguished alums of the Legacy Arlington Immigraton Court Internship Program, established by my good friend and colleague Retired U.S. Immigraton Judge Mario Christopher Grant. I later inherited the “Mentor Judge” position upon Judge Grant’s retirement. Judge Clark is the first, hopefully of many, of those we mentored to be appointed to the BIA.

I am also a member of the Advisory Board at AYUDA, where Judge Clark worked as a supervisory attorney from 2019-21.

Judge Clark’s experiences give her an exceptionally broad, varied perspective. She has seen the system from the inside, at EOIR, as an NGO advocate assisting those struggling to deal with EOIR’s dysfunction and institutional unfairness, as an OIL attorney defending EOIR’s work, and as a legislative aide attempting to address the system’s many shortcomings.

She is well positioned to help the BIA and EOIR move beyond the flawed decision-making, unrealistic guidance, and backlog-building “Aimless Docket Reshuffling” that has plagued the Immigration Court System over the past two decades. Hopefully she will be a force in returning EOIR to it’s proper (though long-abandoned) vision of: Through teamwork and innovation, becoming the world’s best administrative tribunals, guaranteeing fairness and due process for all!

It’s far away from that now! But, there are some judges at EOIR like Judge Clark qualified and capable of leading a “due process renaissance” at the beleaguered tribunals. Whether and to what extent they will be able to do so remains to be seen.

Congratulations again and good luck to Judge Clark!

🇺🇸 Due Process Forever!

PWS

08-16-23

☠️👎🏼 ANOTHER SUPER-SHODDY PERFORMANCE BY BIA ON CENTRAL AMERICAN ASYLUM OUTED BY 9TH CIR. — Reyes-Corado v. Garland

Four Horsemen — BIA Asylum Panel In Action. It’s hard to ignore the BIA’s violent, deadly, abuse of asylum seekers, particularly those of color. But, somehow, Merrick Garland, Lisa Monaco, Vanita Gupta, Kristen Clarke, and other DOJ officials manage to look the other way, as do Congressional Dems! Too busy fecklessly complaining about Justice Clarence Thomas to look at their own house?
Albrecht Dürer, Public domain, via Wikimedia Commons

https://cdn.ca9.uscourts.gov/datastore/opinions/2023/08/11/18-70225.pdf

SUMMARY** Immigration

The panel granted a petition for review of the Board of Immigration Appeals’ denial of Francisco Reyes-Corado’s motion to reopen removal proceedings based on changed circumstances, and remanded.

The Board denied reopening based, in part, on Reyes- Corado’s failure to include a new application for relief, as required by 8 C.F.R. § 1003.2(c)(1). The government acknowledged that under Aliyev v. Barr, 971 F.3d 1085 (9th Cir. 2020), the Board erred to the extent it relied on Reyes- Corado’s failure to submit a new asylum application for relief. Here, however, unlike in Aliyev, Reyes-Corado did not include his original asylum application with his motion to reopen. Consistent with the plain text of § 1003.2(c)(1) and various persuasive authorities, the panel held that a motion to reopen that adds new circumstances to a previously considered application need not be accompanied by an application for relief.

The Board also denied reopening after concluding that Reyes-Corado did not establish materially changed country conditions to warrant an exception to the time limitation on his motion to reopen. Reyes-Corado initially sought asylum relief based on threats he received from his uncle’s family members to discourage him from avenging his father’s murder by his uncle’s family. The Board previously concluded that personal retribution, rather than a protected

** This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader.

REYES-CORADO V. GARLAND 3

ground, was the central motivation for the threats of harm. In his motion to reopen, Reyes-Corado presented evidence of persistent and intensifying threats.

As an initial matter, the panel explained that the changed circumstances Reyes-Corado presented were entirely outside of his control, and thus were properly understood as changed country conditions, not changed personal circumstances. The panel also held that these changed circumstances were material to Reyes-Corado’s claims for relief because they rebutted the agency’s previous determination that Reyes-Corado had failed to establish the requisite nexus between the harm he feared and his membership in a familial particular social group. The panel explained that the Board’s previous nexus rationale was undermined by the fact that the threats, harassment, and violence persisted despite the lack of any retribution by Reyes-Corado’s family against his uncle’s family for at least fourteen years after Reyes-Corado’s father’s murder, and where multiple additional family members were targeted, including elderly and young family members who would be unlikely to carry out any retribution. Thus, the panel held that the Board abused its discretion in concluding that Reyes-Corado’s evidence was not qualitatively different than the evidence at his original hearing.

The panel also declined to uphold the Board’s determination that Reyes-Corado failed to establish prima facie eligibility for relief because Reyes-Corado’s new evidence likely undermined the Board’s prior nexus finding, and the Board applied the improperly high “one central reason” nexus standard to Reyes-Corado’s withholding of removal claim, rather than the less demanding “a reason” standard.

4 REYES-CORADO V. GARLAND

The panel remanded for the Board to reconsider whether Reyes-Corado established prima facie eligibility for relief and to otherwise reevaluate the motion to reopen in light of the principles set forth in the opinion.

COUNSEL

David A. Schlesinger

(argued), Kai Medeiros, and Paulina

Reyes, Jacobs & Schlesinger LLP, San Diego, California, for Petitioner.

Enitan O. Otunla (argued), Trial Attorney; Bernard A. Joseph, Senior Litigation Counsel; Joseph H. Hunt, Assistant Attorney General; Office of Immigration Litigation, Civil Division, United States Department of Justice; Washington, D.C.; for Respondent.

OPINION

KOH, Circuit Judge:

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

Congrats to David A. Schlesinger & colleagues!

I’ve often discussed EOIR’s all-too-frequent use of bogus nexus determinations – basically turning normal legal rules on causation on their head – to deny protection to bona fide refugees, particularly those from Latin America and Haiti.

There is a growing body of evidence that EOIR is systematically unfair to Central American asylum applicants. But, Garland, his lieutenants, and Congressional Dems have basically looked the other way as this stunning, widespread denial of due process and equal protection under our Constitution continues to unfold in plain view on their watch! Why? Where’s the dynamic, values-based, expert, ethical leadership we should expect from a Dem Administration?

This particular example of substandard “judging” literally reeks of pre-judgement and “endemic any reason to denialism!”

Dems wring their collective hands about Justice Clarence Thomas, who is essentially unaccountable and untouchable! But, they have done little or nothing to address serious competence, bias, and ethical issues festering in a major “life or death” Federal Court System they totally control!

Lots of “talk,” not much “walk” from Dems!

🇺🇸 Due Process Forever!

PWS

08-15-23

⚖️👩🏽‍⚖️👨🏻‍⚖️🧑‍⚖️ GARLAND APPOINTS 38 NEW U.S. IMMIGRATION JUDGES — More Prosecutors Than Private/NGO Practitioners; Approximately 70% Have Immigration Experience, By My “Quick & Dirty” Analysis!

FROM EOIR:

https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDAsInVyaSI6ImJwMjpjbGljayIsInVybCI6Imh0dHBzOi8vd3d3Lmp1c3RpY2UuZ292L2VvaXIvcGFnZS9maWxlLzE1OTI4NjYvZG93bmxvYWQiLCJidWxsZXRpbl9pZCI6IjIwMjMwODExLjgxMDE3NjIxIn0.ULrCqsgnirmemmGnS6ggXxbrT28kWH28Ezp2rQdHI4E/s/842922301/br/224124905134-l

NOTICE

U.S. Department of Justice

Executive Office for Immigration Review

Office of Policy

5107 Leesburg Pike

Falls Church, Virginia 22041

Contact: Communications and Legislative Affairs Division Phone: 703-305-0289 PAO.EOIR@usdoj.gov

www.justice.gov/eoir @DOJ_EOIR

Aug. 11, 2023

EOIR Announces 38 New Immigration Judges

FALLS CHURCH, VA – The Executive Office for Immigration Review (EOIR) today announced the appointment of 38 immigration judges to courts in California, Florida, Georgia, Illinois, Louisiana, Maryland, Massachusetts, Michigan, New Jersey, Ohio, Texas, Utah, and Virginia.

Attorney General Merrick Garland administered the oath of office and delivered remarks during the investiture, which was held today at the Department of Justice’s Great Hall in Washington, D.C.

EOIR continues to expand its immigration judge corps and welcomes qualified candidates from all backgrounds to join the agency. In addition to making a difference through service to our Nation, immigration judges join a diverse and inclusive workforce. Individuals interested in these critical positions are invited to sign up for job alerts that are sent when new opportunities become available.

Immigration judges are career employees, and each one is selected after a thorough and competitive application process. Today, Attorney General Merrick B. Garland officially appointed the following individuals as immigration judges: Sameer Ahmed, Adrian N. Armstrong, Jody L. Barilla, Elanie J. Cintron, Ghunise L. Coaxum, Benjamin Davey, Alberto A. De Puy, Jennifer A. Durkin, Carla I. Espinoza, Zahra Jivani Fenelon, David A. Gardey, Cynthia D. Goodman, Jonathan H. Hall, Tanya L. Hasbrouck, Jacquelyn Jo Joyce, Jennifer M. Kerby, Heather A. Libeu, Kyra S. Lilien, Brandi M. Lohr, Nicole C. Lomartire, Robert K. Lundberg, Margaret R. MacGregor, Kimberly Charon McBride, Justin R. McEwen, Christopher D. McNary, Jane Chace Miller, George R. Najjar, Douglas D. Nelson, Tania T. Nemer, Monica Barba Neumann, Colleen O’Donnell, George D. Pappas, Irma Pérez, Daniel I. Smulow, Elizabeth I.Treacy, Adrián F. Paredes Velasco, ShaSha Xu, and Juliana Zach.

Biographical information for the newly appointed immigration judges follows:

Communications and Legislative Affairs Division

EOIR Announces 38 New Immigration Judges Page 2

Sameer Ahmed, Immigration Judge, Boston Immigration Court

Sameer Ahmed was appointed as an immigration judge to begin hearing cases in August 2023. Judge Ahmed earned a Bachelor of Arts in 2003 from Stanford University, a Master of Science in 2005 from the University of London, a Master of Studies in 2007 from the University of Oxford, and a Juris Doctor in 2009 from Yale Law School. From 2020 to 2023, he was a clinical instructor at the Immigration and Refugee Clinical Program at Harvard Law School. From 2019 to 2020, he was an assistant teaching professor at Northeastern University School of Law. From 2017 to 2019, he was an attorney at the American Civil Liberties Union of Southern California. From 2015 to 2017, and previously from 2013 to 2014, he was an attorney at Wilmer Cutler Pickering Hale and Dorr LLP in Boston. From 2014 to 2015, he served as a law clerk for the Honorable Kermit V. Lipez, U.S. Court of Appeals for the First Circuit. From 2011 to 2013, he served as a law clerk for the Honorable Patti B. Saris, U.S. District Court for the District of Massachusetts. From 2009 to 2011, he was a Skadden fellow at the Asian American Legal Defense and Education Fund in New York, New York. Judge Ahmed is a member of the Massachusetts Bar and the New York State Bar.

Adrian N. Armstrong, Immigration Judge, Elizabeth Immigration Court

Adrian N. Armstrong was appointed as an immigration judge to begin hearing cases in August 2023. Judge Armstrong earned a Bachelor of Science in 1984 from Longwood University and a Juris Doctor in 1990 from Elisabeth Haub School of Law at Pace University. From 2020 to 2023, he served as a judge at the New York State Court of Claims and was designated an acting Supreme Court judge in Bronx County. From 2015 to 2020, he served as a judge at the Mount Vernon City Court and was designated as an acting Family Court judge in Westchester County. From 1993 to 2015, he served as a law clerk at the New York State Office of Court Administration. From 1990 to 1993, he served as assistant district attorney at the Bronx County District Attorney’s Office. Judge Armstrong is a member of the New York State Bar.

Jody L. Barilla, Immigration Judge, Chicago Immigration Court

Jody L. Barilla was appointed as an immigration judge to begin hearing cases in August 2023. Judge Barilla earned a Bachelor of Arts in 1988 from the Ohio State University and a Juris Doctor in 1992 from Cleveland Marshall College of Law. From 2021 to 2023, she served as the court administrator for the Chicago Immigration Court. From 1997 to 2021, she served as a magistrate at the Lorain County Domestic Relations Court in Elyria, Ohio. During this time, from 2013 to 2021, she also served as the court administrator for the Lorain County Domestic Relations Court. From 1992 to 1997, she worked as an associate attorney with the law firm of Smith & Smith Attorneys. Judge Barilla is a member of the Ohio State Bar.

Elanie J. Cintron, Immigration Judge, San Francisco Immigration Court

Elanie J. Cintron was appointed as an immigration judge to begin hearing cases in August 2023. Judge Cintron earned a Bachelor of Science in 2005 from the University of North Carolina at Chapel Hill and a Juris Doctorate in 2013 from the Maurice A. Deane School of Law at Hofstra University. From 2017 to 2023, she served as an assistant chief counsel, Office of the Principal Legal Advisor, U.S. Immigration and

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Customs Enforcement, Department of Homeland Security, in Denver. From 2014 to 2017, she was an associate attorney with Lichter Immigration in Denver. During this time, she provided pro bono representation through the American Immigration Lawyers Association (AILA) Artesia Pro Bono Project and the AILA CARA Pro Bono Project. Judge Cintron is a member of the Minnesota State Bar.

Ghunise L. Coaxum, Immigration Judge, Atlanta – W. Peachtree Street Immigration Court

Ghunise L. Coaxum was appointed as an immigration judge to begin hearing cases in August 2023. Judge Coaxum earned a Bachelor of Science in 1991 from the University of Florida and a Juris Doctor in 1995 from the University of Florida College of Law (now known as the Frederic G. Levin College of Law). From 2000 to 2023, she was bar counsel at the Florida Bar in Orlando, Florida. From 1998 to 2000, she was a senior attorney with the Florida Department of Business and Professional Regulation, Division of Real Estate, in Orlando. From 1996 to 1998, she was an assistant public defender with the Office of the Public Defender, 9th Judicial Circuit in Orlando. Judge Coaxum is a member of the Florida Bar.

Benjamin J. Davey, Immigration Judge, Detroit Immigration Court

Benjamin J. Davey was appointed as an immigration judge to begin hearing cases in August 2023. Judge Davey earned a Bachelor of Fine Arts in 2002 from Otterbein University and a Juris Doctorate in 2006 from Cleveland State University College of Law. From 2013 to 2023, he served as a magistrate in the Lorain County Court of Common Pleas, Domestic Relations and Juvenile Division, in Elyria, Ohio. During this time, from 2022 to 2023, he provided pro bono legal services through Catholic Charities, assisting individuals seeking affirmative asylum before U.S. Citizenship and Immigration Services, Department of Homeland Security. From 2007 to 2013, he served as an assistant prosecuting attorney for Lorain County, Ohio. During this time, from 2011 to 2013, Judge Davey also served as counsel for the Lorain County General Health District. Judge Davey is a member of the Ohio State Bar.

Alberto A. De Puy, Immigration Judge, New Orleans Immigration Court

Alberto A. De Puy was appointed as an immigration judge to begin hearing cases in August 2023. Judge De Puy earned a Bachelor of Arts in 2002 from Louisiana State University, and a Juris Doctor in 2006 from Tulane University Law School. From 2021 to 2023, he served as an administrative law judge for the Louisiana Division of Administrative Law. From 2014 to 2021, he served as an assistant attorney general at the Louisiana Department of Justice, Attorney General’s Office. From 2011 to 2014, he served as a policy advisor at the Louisiana Office of the Governor. From 2007 to 2011, he served as an assistant district attorney at the Calcasieu Parish District Attorney’s Office. From 2006 to 2007, he served as an assistant district attorney at the Orleans Parish District Attorney’s Office. In 2005, he completed a legal internship at the U.S. Mission to the Organization of American States, Department of State. Judge De Puy is a member of the Louisiana State Bar.

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Jennifer A. Durkin, Immigration Judge, New York – Varick Immigration Court

Jennifer A. Durkin was appointed as an immigration judge to begin hearing cases in August 2023. Judge Durkin earned a Bachelor of Arts in 1992 from the University of Buffalo and a Juris Doctor in 1999 from the University of California Los Angeles School of Law. She has practiced immigration law her entire career. From 2022 to 2023, she was Deputy Attorney-in-Charge of the Immigration Law Unit at the Legal Aid Society in New York. From 2020 to 2022, she was a supervising attorney at the Legal Aid Society on the New York Immigrant Family Unity Project, which represents detained immigrant New Yorkers facing removal. From 2010 to 2020, she was in private practice at Durkin & Puri in New York where she represented noncitizens before EOIR; U.S. Citizenship and Immigration Services, Department of Homeland Security, and the Department of State. From 2005 to 2010, she was a partner at Yee, Durkin & Puri in New York (known as Yee & Durkin until 2008). From 2003 to 2005, she was an associate at Spar & Bernstein in New York. From 1999 to 2003, she was an associate at the Law Office of Roni P. Deutsch in Encino, California. Judge Durkin is a member of the State Bar of California and the District of Columbia Bar.

Carla I. Espinoza, Immigration Judge, Chicago Immigration Court

Carla I. Espinoza was appointed as an immigration judge to begin hearing cases in August 2023. Judge Espinoza earned a Bachelor of Science in 2009 from the University of Texas at El Paso, and a Juris Doctor and a Certificate in International and Comparative Law in 2012 from DePaul University College of Law. From 2020 to 2023, she was the managing partner, and from 2013 to 2020, she was supervising and managing attorney, for Chicago Immigration Advocates Law Offices. From 2012 to 2013, she served as a supervising attorney with Solis Law Firm PC in Chicago. Judge Espinoza is a member of the Illinois State Bar.

Zahra Jivani Fenelon, Immigration Judge, Houston – Smith Street Immigration Court

Zahra Jivani Fenelon was appointed as an immigration judge to begin hearing cases in August 2023. Judge Jivani Fenelon earned a Bachelor of Science in 2003 from Houston Baptist University and a Juris Doctorate in 2006 from South Texas College of Law. From 2015 to 2023, she served as an assistant U.S. attorney at the U.S. Attorney’s Office, Southern District of Texas, where she prosecuted crimes of child exploitation, human trafficking, cybercrime, and white-collar fraud. From 2006 to 2015, she was an assistant district attorney at the Fort Bend County District Attorney’s Office, where she prosecuted felony crimes. Judge Jivani Fenelon is a member of the State Bar of Texas.

David A. Gardey, Immigration Judge, Annandale Immigration Court

David A. Gardey was appointed as an immigration judge to begin hearing cases in August 2023. Judge Gardey earned a Bachelor of Arts in 1990 from Yale University and a Juris Doctor in 1993 from the Notre Dame Law School. From 2005 to 2023, he served as an assistant U.S. attorney (AUSA) with the U.S. Attorney’s Office for the Eastern District of Michigan in Detroit, in various capacities, including: special counsel to the U.S. Attorney, chief of the Public Corruption and Civil Rights Unit, and chief of the Drug Task Force Unit. From 2001 to 2005, he served as an AUSA with the U.S. Attorney’s

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Office for the Southern District of Florida in Miami. From 1997 to 2001, he was a supervisory attorney for Butzel Long PC in Detroit, and from 1995 to 1997, he was an associate with Cravath, Swaine & Moore LLP in New York. From 1993 to 1995, he served as a judicial law clerk for the Honorable Paul V. Gadola of the U.S. District Court for the Eastern District of Michigan. Judge Gardey is a member of the State Bar of Michigan and the New York State Bar.

Cynthia D. Goodman, Immigration Judge, Fort Worth Immigration Adjudication Center

Cynthia D. Goodman was appointed as an immigration judge to begin hearing cases in August 2023. Judge Goodman earned a Bachelor of Arts in 2003 from the University of North Texas and a Juris Doctor in 2006 from Texas Tech University School of Law. From 2016 to 2023, she served as a pro se staff attorney for the U.S. Court for the Northern District of Texas. From 2013 to 2016, she was a private practice immigration and criminal defense attorney with Stockard, Johnston, Brown LLC in Amarillo, Texas. From 2008 to 2013, she served as an assistant chief counsel, Office of the Principal Legal Advisor, U.S. Immigration and Customs Enforcement, Department of Homeland Security, in Dallas. During this time, from 2011 to 2013, Judge Goodman served a detail as a special assistant U.S. attorney for the U.S. Attorney’s Office in Dallas. From 2006 to 2008, she served as an assistant county attorney for Potter County, Texas. Judge Goodman is a member of the State Bar of Texas.

Jonathan H. Hall, Immigration Judge, Boston Immigration Court

Jonathan H. Hall was appointed as an immigration judge to begin hearing cases in August 2023. Judge Hall earned a Bachelor of Arts in 2004 from The University of Rhode Island, a Juris Doctor in 2011 from Suffolk University Law School, and a Master of Laws in 2013 from American University Washington College of Law. From 2021 to 2023, he served as an administrative law judge at the District of Columbia Office of Administrative Hearings. From 2016 to 2021, he served as assistant general counsel at the Metropolitan Police Department of the District of Columbia. From 2013 to 2016, he served as assistant attorney general at the Office of the Attorney General for the District of Columbia. Judge Hall is a member of the District of Columbia Bar.

Tanya L. Hasbrouck, Immigration Judge, LaSalle Immigration Court.

Tanya L. Hasbrouck was appointed as an immigration judge to begin hearing cases in August 2023. Judge Hasbrouck earned a Bachelor of Science in 1985 from Montana State University and a Juris Doctor in 1990 from the University of Mississippi School of Law. In 2023, Judge Hasbrouck was an attorney with the Hasbrouck Law Firm in Pascagoula, Mississippi. From 2019 to 2022, she served as a chancery court judge for the 16th Judicial District of Mississippi. From 2012 to 2018, she was with the Hasbrouck Law Firm in Pascagoula, Mississippi. During this time, she also served from 2017 to 2018 as the municipal public defender for the city of Gautier; from 2016 to 2018 as the municipal public defender for the city of Pascagoula; and from 2013 to 2018 as the board attorney for West Jackson County Utility District. From 2004 to 2012, she served as an assistant district attorney for the 19th Judicial District of Mississippi. From 2000 to 2003, she was an associate attorney for Cumbest, Cumbest, Hunter & McCormick in

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Pascagoula. From 1996 to 1999, she served as an assistant district attorney for the 19th Judicial District of Mississippi. From 1994 to 1996, she served as an assistant public defender for Jackson County, Mississippi. From 1991 to 1994, she served as an associate attorney with Bryant, Colingo, Williams & Clark in Pascagoula. From 1990 to 1991, she served as a judicial law clerk for the Mississippi Supreme Court. Judge Hasbrouck is a member of the Mississippi Bar.

Jacquelyn Jo Joyce, Immigration Judge, Houston – South Gessner Immigration Court

Jacquelyn Jo Joyce was appointed as an immigration judge to begin hearing cases in August 2023. Judge Joyce earned a Bachelor of Arts in 2007 from the Florida State University and a Juris Doctor in 2010 from the University of Florida Levin College of Law. From 2018 to 2023, she served as an assistant chief counsel, Office of the Principal Legal Advisor, U.S. Immigration and Customs Enforcement, Department of Homeland Security in Pearsall, Texas. From 2015 to 2018, she served as assistant public defender in the Third Judicial Circuit of Florida in Lake City, Florida. From 2010 to 2015, she served as a trial court law clerk for the Third Judicial Circuit of Florida in Live Oak, Florida. Judge Joyce is a member of the Florida Bar.

Jennifer M. Kerby, Immigration Judge, Falls Church Immigration Adjudication Center

Jennifer M. Kerby was appointed as an immigration judge to begin hearing cases in August 2023. Judge Kerby earned a Bachelor of Arts in 1991 from the University of Virginia, a Master of Education in 1995 from the University of Virginia, and a Juris Doctor in 2002 from Georgia State University College of Law. From 2005 to 2023, she served as an attorney advisor at the Board of Immigration Appeals, Executive Office for Immigration Review, U.S. Department of Justice. From 2002 to 2004, she served a two- year appointment as a staff attorney/law clerk with the U.S. Court of Appeals for the Eleventh Circuit. Judge Kerby is a member of the State Bar of Georgia and the Virginia State Bar.

Heather A. Libeu, Immigration Judge, Santa Ana Immigration Court

Heather A. Libeu was appointed as an immigration judge to begin hearing cases in August 2023. Judge Libeu earned a Bachelor of Arts in 2004 from Chapman University and a Juris Doctor in 2007 from the University of Southern California Gould School of Law. From 2021 to 2023, she served an assistant chief counsel, Office of the Principal Legal Advisor (OPLA), U.S. Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS), in Santa Ana, California. From 2010 to 2021, she served an assistant chief counsel, OPLA, in Los Angeles. From 2009 to 2010, she served as an associate legal advisor, and from 2007 to 2009, she served as Presidential management fellow, OPLA, in Washington, D.C. Judge Libeu is a member of the State Bar of California.

Kyra S. Lilien, Immigration Judge, San Francisco Immigration Court

Kyra S. Lilien was appointed as an immigration judge to begin hearing cases in August 2023. Judge Lilien earned a Bachelor of Arts in 1996 from Smith College and a Juris

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Doctor in 2006 from the University of California, Berkeley School of Law. From 2021 to 2023, she was the director of immigration legal services at Jewish Family & Community Services – East Bay in Concord, California. From 2016 to 2021, she served as staff attorney at the U.S. Court of Appeals for the Ninth Circuit. From 2013 to 2016, she served as asylum officer and interim training officer at the San Francisco Asylum Office, U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security. From 2010 to 2013, she was the immigration program director at Centro Legal de la Raza in Oakland, California, where she represented noncitizens before EOIR and USCIS. From 2007 to 2010, she was an associate attorney at Kirkland & Ellis LLP in San Francisco, where she handled immigration cases on a pro bono basis. From 2006 to 2007, she was a research fellow on behalf of the University of California, Berkeley, War Crimes Studies Center at the International Criminal Court in The Hague. Judge Lilien is a member of the State Bar of California.

Brandi M. Lohr, Immigration Judge, Buffalo Immigration Court

Brandi M. Lohr was appointed as an immigration judge to begin hearing cases in August 2023. Judge Lohr earned a Bachelor of Arts in 2002 from the State University of New York at Buffalo and a Juris Doctor in 2007 from Duquesne University. From 2010 to 2023, she served as an assistant chief counsel, Office of the Principal Legal Advisor, U.S. Immigration and Customs Enforcement, Department of Homeland Security (DHS), in Batavia and Buffalo, New York. From 2007 to 2010, she served as a management and program analyst and presidential management fellow, U.S. Citizenship and Immigration Services, DHS, in Buffalo and Washington, D.C. Judge Lohr is a member of the Pennsylvania Bar.

Nicole C. Lomartire, Immigration Judge, Annandale Immigration Court

Nicole C. Lomartire was appointed as an immigration judge to begin hearing cases in August 2023. Judge Lomartire earned a Bachelor of Arts in 1995 from Hofstra University and a Juris Doctor in 2003 from the University of Maryland School of Law. From 2017 to 2023, she served as a deputy chief counsel, and from 2015 to 2017, she served as an assistant chief counsel, Office of the Principal Legal Advisor, U.S. Immigration and Customs Enforcement, Department of Homeland Security, in Baltimore. From 2004 to 2015, she served as an assistant state’s attorney for the Office of the State’s Attorney for Baltimore City. Judge Lomartire is a member of the Maryland State Bar.

Robert K. Lundberg, Immigration Judge, Annandale Immigration Court

Robert K. Lundberg was appointed as an immigration judge to begin hearing cases in August 2023. Judge Lundberg earned a Bachelor of Arts in 2010 from Arizona State University and a Juris Doctor in 2012 from the Sandra Day O’Connor College of Law. From 2021 to 2023, he served as a trial attorney with the Appellate Court Section, Office of Immigration Litigation, Civil Division, U.S. Department of Justice. From 2018 to 2021, he served as an associate counsel with U.S. Citizenship and Immigration Services, Department of Homeland Security (DHS), in Washington, D.C. From 2014 to 2018, he served as an assistant chief counsel, Office of the Principal Legal Advisor, U.S. Immigration and Customs Enforcement, DHS, in Florence, Arizona. From 2013 to

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2014, he practiced civil litigation with the Law Firm of Bert Moll in Chandler, Arizona. Judge Lundberg is a member of the State Bar of Arizona.

Margaret R. MacGregor, Immigration Judge, Port Isabel Immigration Court

Margaret R. MacGregor was appointed as an immigration judge to begin hearing cases in August 2023. Judge MacGregor earned a Bachelor of Arts in 1996 from Georgetown University and a Juris Doctorate in 1999 from the University of Arizona College of

Law. From 2009 to 2023, she was an attorney advisor at the Board of Immigration Appeals, Executive Office for Immigration Review, U.S. Department of Justice. From 2007 to 2009, she was an associate with Berry, Appleman & Leiden, and from 2005 to 2007 with Reina & Associates, both in Dallas. From 2003 to 2005, she was a deputy attorney general representing the Division of Youth and Family Services for the State of New Jersey. From 2002 to 2003, she clerked for the Honorable Vincent J. Grasso, presiding judge of the Family Part, in Ocean County, New Jersey. From 2000 to 2002, she was the senior editor of the Products Liability Law Reporter for the American Association for Justice in Washington, D.C. From 1999 to 2000, she was a staff attorney at the Center for Auto Safety in Washington, D.C. Judge MacGregor is a member of the New Jersey Bar.

Kimberly Charon McBride, Immigration Judge, Annandale Immigration Court

Kimberly Charon McBride was appointed as an immigration judge to begin hearing cases in August 2023. Judge McBride earned a Bachelor of Science in 1990 from the University of Maryland at College Park and a Juris Doctor in 1995 from the University of Baltimore School of Law. From 2010 to 2023, she served as a family magistrate for the Circuit Court for Baltimore City. During this time, she presided over juvenile delinquency and child welfare cases involving complex issues of child abuse and neglect, substance use disorders, domestic and family violence, and mental health. From 2005 to 2010, and previously from 1996 to 2000, she was a solo practitioner, serving as a panel attorney for the Office of the Public Defender (OPD) in Baltimore City, where she represented parents in child welfare and juveniles in delinquency matters. During these years, she also provided representation to parents in divorce, child custody, guardianship, and child support matters. She also provided representation in civil and criminal matters in the Circuit and District Courts of Baltimore City and surrounding counties, including, but not limited to, family law, real estate, employment, personal injury, traffic, workers’ compensation, and bankruptcy. From 2000 to 2005, she served as a senior associate at The Miracle Makers Inc. in Brooklyn, New York. Judge McBride is a member of the Maryland Bar.

Justin R. McEwen, Immigration Judge, Boston Immigration Court

Justin R. McEwen was appointed as an immigration judge to begin hearing cases in August 2023. Judge McEwen earned a Bachelor of Arts in 1999 from Southern Utah University, a Juris Doctor in 2002 from Southern Methodist University Dedman School of Law, and a Master of Laws in Trial Advocacy in 2013 from California Western School of Law. From 2003 to 2023, Judge McEwen served as a Judge Advocate in the U.S. Navy, which culminated in his service as the Circuit Judge for Europe, Africa, and Southwest Asia from 2019 to 2023. During his time as a Judge Advocate, he served as

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an attorney and judge in the following locations: Washington Navy Yard, Washington D.C.; Fleet Activities Yokosuka, Yokosuka, Japan; Central Criminal Court of Iraq, Bagdad, Iraq; Naval Air Station, Sigonella, Sicily, Italy; Naval Station Newport, Newport, Rhode Island; Naval Station Mayport, Mayport, Florida; and Naval Support Activities, Naples, Naples, Italy. Prior to entering the U.S. Navy in 2002, Judge McEwen clerked for a year at the Texas Sixth Court of Appeals in Texarkana, Texas. Judge McEwen is a member of the State Bar of Texas.

Christopher D. McNary, Immigration Judge, Santa Ana Immigration Court

Christopher D. McNary was appointed as an immigration judge to begin hearing cases in August 2023. Judge McNary earned a Bachelor of Arts in 2008 from the University of San Francisco and a Juris Doctor in 2011 from the University of San Francisco School of Law. From 2018 to 2023, he served as an assistant chief counsel, Office of the Principal Legal Advisor, U.S. Immigration and Customs Enforcement, Department of Homeland Security (DHS), in Los Angeles. From 2017 to 2018, he served as a senior asylum officer, and from 2013 to 2017, he served as an asylum officer, with U.S. Citizenship and Immigration Services, DHS, in San Francisco. From 2011 to 2013, he served as a staff attorney with East Bay Sanctuary Covenant in Berkeley, California. Judge McNary is a member of the State Bar of California.

Jane Chace Miller, Immigration Judge, Laredo Immigration Court

Jane Chace Miller was appointed as an immigration judge to begin hearing cases in August 2023. Judge Miller earned a Bachelor of Arts in 1984 from Chestnut Hill College and a Juris Doctor in 1987 from Dickinson School of Law. From 2016 to 2023, she served as a Maryland parole commissioner. From 2003 to 2016, she was in private practice, specializing in family law issues and criminal matters. From 2001 to 2016, Judge Miller served as the trust clerk for the Circuit Court for Queen Anne’s County, Centreville, Maryland. From 1998 to 2003, she was in private practice on Maryland’s Eastern Shore, focusing on criminal cases, family law cases, and civil litigation. From 1988 to1997, Judge Miller served as an assistant State’s attorney in Wicomico County, Maryland. Judge Miller is a member of the Maryland State Bar.

George R. Najjar, Immigration Judge, San Diego Immigration Court

George R. Najjar was appointed as an immigration judge to begin hearing cases in August 2023. Judge Najjar earned a Bachelor of Arts in 1983 from the University of California, Berkeley, and a Juris Doctor in 1990 from California Western School of Law. From 1993 to 2023, he was in private practice in San Diego, California. During this time, from 2000 to 2023, he served as a judge pro tempore in the Superior Court of California, County of San Diego, and from 1997 to 2023, he served as an arbitrator for the Financial Industry Regulatory Authority Inc. Judge Najjar is a member of the State Bar of California.

Douglas D. Nelson, Immigration Judge, Salt Lake City Immigration Court

Douglas D. Nelson was appointed as an immigration judge to begin hearing cases in August 2023. Judge Nelson earned his Bachelor of Arts in 1991 from Brigham Young University and a Juris Doctor in 1994 from the University of San Diego School of Law.

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From 1995 to 2023, he worked as an immigration attorney in private practice for Alejandro O. Campillo APLC and the Law Office of Douglas D. Nelson. During this time, from 2002 to 2004, he served as chair of the Immigration Section for the San Diego County Bar, and from 1996 to 2021, he was liaison between the San Diego chapter of the American Immigration Lawyers Association and numerous Federal immigration agencies. From 1994 to 1995, he was a judicial law clerk at the San Diego Immigration Court, entering on duty through the Attorney General’s Honors Program. Judge Nelson is a member of the State Bar of California.

Tania T. Nemer, Immigration Judge, Cleveland Immigration Court

Tania T. Nemer was appointed as an immigration judge to begin hearing cases in August 2023. Judge Nemer earned a Bachelor of Arts in 2001 from John Carroll University and a Juris Doctor in 2006 from Western Michigan University Thomas M. Cooley Law School. In 2023, she was appointed as a magistrate of the Summit County, Ohio Probate Court where she presided over cases involving guardianships, civil commitments, and estates. From 2020 to 2023, she served as the community outreach prosecutor and assistant prosecutor for the Summit County Prosecutor’s Office. In 2019, she was appointed as a magistrate of the Akron Municipal Court. She also served as the managing immigration attorney at the International Institute of Akron. From 2014 to 2019, she was the senior immigration attorney for Catholic Charities Diocese of Cleveland, Office of Migration and Refugee Services, and she was the lead attorney representing mentally incompetent individuals through the National Qualified Representative Program. From 2008 to 2014, she was of counsel for McGinty, Hilow & Spellacy Co LPA, practicing criminal and immigration law and representing clients before municipal and county courts as well as before EOIR and U.S. Citizenship and Immigration Services, Department of Homeland Security. Judge Nemer is a member of the Ohio State Bar.

Monica Barba Neumann, Immigration Judge, Miami Immigration Court

Monica Barba Neuman was appointed as an immigration judge to begin hearing cases in August 2023. Judge Neumann earned a Bachelor of Science in 2004 from the University of Florida and a Juris Doctor in 2008 from Florida International University College of Law. From 2016 to 2023, she served as an assistant chief counsel, Office of the Principal Legal Advisor, U.S. Immigration and Customs Enforcement, Department of Homeland Security (DHS), in Miami. From 2015 to 2016, she served as an asylum officer, U.S. Citizenship and Immigration Services (USCIS), DHS, in Miami. She was in private practice at Monica Barba PA in Miami from 2009 to 2010 and at Grisel Ybarra PA in Miami from 2010 to 2015, representing cases before EOIR, USCIS, state criminal courts, and state family courts. Judge Neumann is a member of the Florida Bar.

Colleen O’Donnell, Immigration Judge, Laredo Immigration Court

Colleen O’Donnell was appointed as an immigration judge to begin hearing cases in August 2023. Judge O’Donnell earned a Bachelor of Arts in 2003 from Miami University (Ohio) and a Juris Doctor in 2006 from Case Western Reserve University School of Law. In 2023, she served as an attorney in the Public Utility Commission of Ohio’s Office of the Federal Energy Advocate. From 2013 to 2023, she served as a trial judge

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in Ohio’s Franklin County Common Pleas Court, General Division. From 2007 to 2013, she practiced with the law firm of Carpenter Lipps LLP in Columbus, Ohio. Previously, in 2007, she served as a judicial law clerk in the U.S. District Court for the Northern District of Ohio, and from 2006 to 2007, as an assistant attorney general in the Consumer Protection section of the Ohio Attorney General’s Office. Judge O’Donnell is a member of the Ohio State Bar.

George D. Pappas, Immigration Judge, Boston Immigration Court

George D. Pappas was appointed as an immigration Judge to begin hearing cases in August 2023. Judge Pappas earned a Bachelor of Science in 1982 from the London School of Economics and Political Science, University of London, a Bachelor of Laws in 1998 from the University of London), a Master of Laws in 2000 from Widener University School of Law, Widener University, and a Doctor of Philosophy in 2014 from Birkbeck School of Law, University of London. From 2003 to 2023, he was principal attorney at George D. Pappas Esq. PC, practicing immigration, family law, criminal law, and civil litigation. He also provided pro bono legal services to the U.S. Committee for Refugees and Immigrants (Washington, D.C.), Pair Project (Boston), Latin American Coalition (Charlotte, North Carolina), El Centro (Hendersonville, North Carolina), and True Ridge (Hendersonville, North Carolina). Judge Pappas is a member of the North Carolina State Bar and the Massachusetts Bar.

Irma Pérez, Immigration Judge, Santa Ana Immigration Court

Irma Pérez was appointed as an immigration judge to begin hearing cases in August 2023. Judge Pérez earned a Bachelor of Arts in 2004 from Georgetown University and a Juris Doctor in 2011 from the University of California Law San Francisco (formerly University of California Hastings College of the Law). From 2015 to 2023, she was in private practice at the Law Office of Irma Pérez PC in Pasadena, California, practicing before EOIR, the Department of Homeland Security (DHS), and the Department of State (DOS). From 2012 to 2015, she was an associate with Daniel Shanfield Immigration Defense PC in San Jose, California, representing noncitizens before EOIR, DHS and DOS. Judge Pérez is a member of the State Bar of California.

Daniel I. Smulow, Immigration Judge, Baltimore Immigration Court

Daniel I. Smulow was appointed as an immigration judge in August 2023. Judge Smulow earned a Bachelor of Arts in 1995 from Tufts University and a Juris Doctor in 1998 from Case Western Reserve University School of Law. From 2008 to 2023, he served as trial attorney and senior counsel for national security, Office of Immigration Litigation, Civil Division, U.S. Department of Justice. From 2006 to 2008, he served as an associate legal advisor, National Security Law Division, U.S. Immigration and Customs Enforcement, Department of Homeland Security. From 2004 to 2006, he served as an assistant attorney general in the Massachusetts Attorney General’s Office. From 1998 to 2004, he served as an assistant district attorney in Essex County, Massachusetts. During this time, from 2001 to 2004, he was a lecturer with Boston University School of Law. Judge Smulow is a member of the Massachusetts Bar.

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Elizabeth I. Treacy, Immigration Judge, Chicago Immigration Court

Elizabeth I. Treacy was appointed as an immigration judge to begin hearing cases in August 2023. Judge Treacy earned her Bachelor of Arts in 2003 from the University of Wisconsin-Madison and a Juris Doctor in 2007 from the University of Georgia Law School. From 2019 to 2023, she served as an assistant U.S. attorney at the U.S. Attorney’s Office for the Northern District of Illinois. From 2010 to 2019, she served as an assistant chief counsel, Office of the Principal Legal Advisor, U.S. Immigration and Customs Enforcement, Department of Homeland Security, in Chicago. From 2007 to 2010, she was practicing immigration law as an associate attorney at Fragomen, Del Rey, Bernsen & Loewy LLP. Judge Treacy is a member of the Illinois State Bar.

Adrián F. Paredes Velasco, Immigration Judge, El Paso, Texas, Immigration Court

Adrián F. Paredes Velasco was appointed an immigration judge to begin hearing cases in August 2023. Judge Paredes Velasco earned a Bachelor of Arts in 2002 from Lawrence University, a Master of Arts in 2005 from the University of Iowa, and a Juris Doctor in 2011 from Phoenix School of Law. From 2015 to 2023, he served as an assistant chief counsel, Office of the Principal Legal Advisor, U.S. Immigration and Customs Enforcement, Department of Homeland Security, in El Paso. From 2011 to 2015, he was a legal clerk and attorney at the Lehm Law Group in Phoenix, Arizona. Judge Paredes is a member of the State Bar of Arizona.

ShaSha Xu, Immigration Judge, New York – Broadway Immigration Court

ShaSha Xu was appointed as an immigration judge to begin hearing cases in August 2023. Judge Xu earned a Bachelor of Arts in 2007 from Duke University and a Juris Doctor in 2011 from the Temple University Beasley School of Law. From 2019 to 2023, she served as an assistant chief counsel, Office of the Principal Legal Advisor, U.S. Immigration and Customs Enforcement, Department of Homeland Security (DHS), in New York. From 2016 to 2019, she served initially as an asylum officer and then as a senior asylum officer, U.S. Citizenship and Immigration Services, DHS, in New Jersey. From 2011 to 2016, she was in private practice at various law firms in New York and Pennsylvania. Judge Xu is a member of the Pennsylvania Bar.

Juliana Zach, Immigration Judge, Boston Immigration Court

Juliana Zach was appointed as an immigration judge to begin hearing cases in August 2023. Judge Zach earned a Bachelor of Law in 1994 from the Universidade Católica de Pernambuco, a Master of Business Administration in 2004 from the Florida Metropolitan University, and a Juris Doctor in 2008 from the Florida Agricultural and Mechanical University. From 2013 to 2023, she worked in private practice at Zach Law Firm LLC specializing in family and criminal litigation in Connecticut, as well as immigration law at the Zach Law Firm LLC. From 2013 to 2020, she also served as an attorney for the Brazilian Consulate General in Hartford, Connecticut. From 2009 to 2011, she served as an assistant state attorney for the felony division at the 18th Judicial Circuit in Sanford, Florida. Judge Zach is a member of the Connecticut Bar and the Florida Bar.

— EOIR —

Communications and Legislative Affairs Division

EOIR Announces 38 New Immigration Judges Page 13

The Executive Office for Immigration Review (EOIR) is an agency within the Department of Justice. EOIR’s mission is to adjudicate immigration cases by fairly, expeditiously, and uniformly interpreting and administering the Nation’s immigration laws. Under delegated authority from the Attorney General, EOIR conducts immigration court proceedings, appellate reviews, and administrative hearings. EOIR is committed to ensuring fairness in all cases it adjudicates.

Communications and Legislative Affairs Division

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

By my “quick analysis,” of the 38 new IJs:

9 primarily private immigration practice/NGO

15 primarily government prosecutors

4 mixed private immigration practice/prosecution backgrounds

10 “other government” backgrounds

26 with significant prior immigration experience

One name that stands out for me:

Judge Jennifer A. Durkin, Varick (NYC) Immigration Court, who has spent her entire career practicing immigration law in the private/NGO sector and most recently served as Deputy Attorney-in Charge of the Immigration Law Unit of the Legal Aid Society in New York.

EOIR-provided bios for Judge Durbin and the other new IJs are reproduced above.

Congratulations to all the new IJs, and remember the most important part of your job on the bench, providing:

🇺🇸 Due Process Forever!

PWS

08-13-23

Immigrant Defenders posted this on LinkedIn:

🇺🇸 Due Process Forever!

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🇺🇸 Due Process Forever!

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Dan Kowalski reports for LexisNexis Immigration Community:

🇺🇸 Due Process Forever!

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Dana Milbank writes @ WashPost:

🇺🇸 Due Process Forever!

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From the Los Angeles & San Francisco Daily Journal:

🇺🇸 Due Process Forever!

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🇺🇸Due Process Forever!

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🇺🇸 Due Process Forever!

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Dan Kowalski reports for LexisNexis Immigration Community:

🇺🇸 Due Process Forever!

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From LinkedIn:

🇺🇸Due Process Forever!

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Hamed Aleaziz & Tracy Wilkinson report for the LA Times:

🇺🇸 Due Process Forever!

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Todd Miller reports for the BorderChronicle:

🇺🇸 Due Process Forever!

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🇺🇸 Due Process Forever!

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Here’s the EOIR press release:

🇺🇸 Due Process Forever!

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🇺🇸 Due Process Forever!

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FROM EOIR:

🇺🇸 Due Process Forever!

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