Category: Georgetown Law Journal

⚖️THE GIBSON REPORT — 03-22-21 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Georgetown Law Journal Makes History, Of The Best Kind! — My Invitation To Current Georgetown Law Students To Get Involved!

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

COVID-19 & Closures

Note: Policies are rapidly changing, so please verify information with the government and colleagues.

 

EOIR Status Overview & EOIR Court Status Map/List: Hearings in non-detained cases at courts without an announced date are postponed through, and including, April 16, 2021. (It is unclear when the next announcement will be. EOIR announced 4/16 on Fri. 3/5, 3/19 on Wed. 2/10, 2/19 on Mon. 1/25, 2/5 on Mon. 1/11, and 1/22 on Mon. 12/28.) There is no announced date for reopening NYC non-detained at this time.

 

USCIS Office Closings and Visitor Policy

 

TOP NEWS

 

Mayorkas says ‘the border is closed,’ defends Biden’s immigration strategy

WaPo: Mayorkas, who appeared on almost all of the major political shows Sunday morning, sought to push a consistent message as the Biden administration is being pressed about conditions in overcrowded detention centers for unaccompanied immigrant children. See also Images of Confusion, Then Anguish: Migrant Families Deported by Surprise; ‘The crisis is in Washington’: Overwhelmed border officials urge D.C. to act; Senators see dire conditions in packed border stations, as officials consider flying migrants north.

 

Key facts about U.S. immigration policies and Biden’s proposed changes

Pew: To better understand the existing U.S. immigration system, we analyzed the most recent data available on federal immigration programs. This includes admission categories for green card recipients and the types of temporary employment visas available to immigrant workers. We also examined temporary permissions granted to some immigrants to live and work in the country through the Deferred Action for Childhood Arrivals and Temporary Protected Status programs.

 

Immigrant Detention Numbers Fall Under Biden, But Border Book-Ins Rise

TRAC: As of the end of President Biden’s first full month in office, the number of individuals arrested by ICE and booked into civil immigrant detention fell sharply from 5,119 ICE book-in arrests during January 2021 to just 1,970 during February 2021. According to the latest ICE figures, this was a drop of 62 percent just in a single month.

 

Young Migrants Held By Border Patrol Far Longer Than Allowed, Document Shows

NPR: The U.S. government had 4,276 unaccompanied migrant children in custody as of Sunday, according to a Department of Homeland Security document obtained by NPR. The children are spending an average of 117 hours in detention facilities, far longer than the 72 hours allowed by law.

 

Biden administration limits what Border Patrol can share with media about migrant surge at border

NBC: Restrictions on what border agents can share with the media were passed down verbally, say officials. Some have released videos of the border surge anyway. See also How Border Patrol Manipulates Media.

 

Durbin: ‘I think I’m close’ to getting Senate votes needed to advance DREAM Act

CNN: Senate Majority Whip Dick Durbin said Sunday that he thinks he is “close” to securing the Republican votes needed to overcome a Senate filibuster to advance a key immigration measure that would provide a pathway to citizenship for undocumented immigrants who were brought to the United States as children.

 

The new top editor of Georgetown’s flagship law journal is ‘undocumented and unafraid’

WaPo: Lee, 26, is believed to be the first openly undocumented student elected editor in chief of the flagship journal at a top U.S. law school.

 

Advocating for asylum-seeking children is traumatic, new research finds

WaPo: These health conditions stem from pressures to meet the needs of vulnerable child migrants targeted by restrictive immigration policies.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Inadmissibility on Public Charge Grounds Final Rule: Litigation

USCIS: USCIS stopped applying the Public Charge Final Rule to all pending applications and petitions on March 9, 2021. USCIS removed content related to the vacated 2019 Public Charge Final Rule from the affected USCIS forms and has posted updated versions of affected forms. See also Withdrawal of USCIS Proposed Rule on Affidavit of Support Requirements.

 

Citizenship Paths For ‘Dreamers,’ Farmworkers Pass House (Headed to Senate)

Law360: The House on Thursday approved two major immigration proposals that would provide a path to lawful status and eventual citizenship for several million “Dreamers” brought to the country as children and farmworkers working without authorization in American agriculture.

 

CA1 Remands Asylum Claim of Cuban Petitioner Who Claimed He Was Targeted for His Anti-Castro Political Beliefs

The court vacated and remanded the BIA’s decision affirming the IJ’s adverse credibility determination, finding that alleged discrepancies between the petitioner’s interview account and his hearing account failed to support the adverse credibility finding. (Cuesta-Rojas v. Garland, 3/15/21) AILA Doc. No. 21031737

 

CA1 Finds BIA Erred in Failing to Assess Whether Conditions for Members of Democratic Party in Albania Have Deteriorated Since 2006

Where the petitioner cited two post-2006 events as evidence of changed country conditions, the court held that the BIA’s failure to assess whether those changes were sufficient was arbitrary and capricious, and reversed the BIA’s denial of his motion to reopen. (Lucaj v. Wilkinson, 3/10/21) AILA Doc. No. 21031732

 

1st Circ. Rejects ICE Detainees’ COVID-19 Bail Requests

Law360: The First Circuit on Wednesday refused to disturb a Massachusetts federal court’s decision denying bail to several immigration detainees convicted of violent crimes, finding that it was reasonable to decide the detainees still belonged behind bars in the midst of the COVID-19 pandemic.

 

CA6 Says BIA Did Not Abuse Its Discretion in Denying Motion to Reopen Where NTA Was Not in Petitioner’s Native Language

Where the Guatemalan petitioner’s Notice to Appear (NTA) was delivered in English, the court rejected her argument that the NTA violated her due process rights because it did not detail in her native language the consequences of failing to attend her proceeding. (Lopez v. Garland, 3/12/21) AILA Doc. No. 21031733

 

7th Circ. Denies Texas’ Bid To Revive Public Charge Rule

Law360: The Seventh Circuit on Monday squashed an attempt by 14 states led by Texas to revive the Trump administration’s public charge policy, which penalizes immigrants for using certain public benefits, after the Biden administration decided not to defend it.

 

CA8 Says Petitioner Seeking Cancellation Was Required Only to Show That State Offense Was Broader Than Generic Federal Offense

The court held that the categorical approach does not require a petitioner seeking cancellation of removal to show that there is a realistic probability the state prosecutes people for the conduct that makes the state offense broader than the federal offense. (Gonzalez v. Wilkinson, 3/9/21) AILA Doc. No. 21031738

 

CA8 Concludes That Petitioner’s Conviction for Second-Degree Felony Assault in Minnesota Was a Particularly Serious Crime

The court held that the BIA did not err in determining that the petitioner’s conviction for second-degree felony assault in Minnesota was a particularly serious crime barring statutory withholding of removal and Convention Against Torture (CAT) relief. (Jama v. Wilkinson, 3/11/21) AILA Doc. No. 21031739

 

CA9 Remands CAT Claim of Honduran Petitioner Based on Evidentiary Issue Related to DOS Country Report

The court remanded petitioner’s Convention Against Torture (CAT) claim to the BIA for reconsideration in light of the fact that the IJ took judicial notice of, and relied upon, DOS’s Country Report, yet the BIA’s decision did not take it into account. (Aguilar-Osorio v. Garland, 3/15/21) AILA Doc. No. 21031744

 

CA9 Holds That Petitioner Failed to Show Changed Country Conditions in Mexico Since His 2003 Removal Order

The court held that the BIA did not abuse its discretion in denying the petitioner’s motion to reopen after determining that the petitioner had failed to present evidence demonstrating that country conditions in Mexico had changed since his 2003 removal order. (Rodriguez v. Garland, 3/15/21) AILA Doc. No. 21031741

 

CA9 Finds Proposed Social Group of “Salvadoran Women Who Refuse to Be Girlfriends of MS Gang Members” Is Not Cognizable

The court held that substantial evidence supported the BIA’s determination that the Salvadoran petitioner had failed to establish past harm rising to the level of persecution, and concluded that her proposed social groups were not cognizable. (Villegas Sanchez v. Garland, 3/11/21) AILA Doc. No. 21031740

 

CA10 Finds That Matter of G-G-S- Was Not Arbitrary or Capricious and Is Entitled to Chevron Deference

The court held that Matter of G-G-S- was not arbitrary or capricious, and that BIA applied the correct legal standard in determining that petitioner’s convictions were for particularly serious crimes rendering him ineligible for withholding of removal. (Birhanu v. Wilkinson, 3/9/21) AILA Doc. No. 21031745

 

ICE Ordered To Transport NY Detainees To Get Vaccines

Law360: A federal judge on Thursday ordered U.S. Immigration and Customs Enforcement to facilitate vaccinations of immigrants detained at the agency’s Buffalo Service Processing Center in upstate New York.

 

Nonprofits Sue To End Trump-Era Immigration Deal With Ariz.

Law360: Three nonprofit organizations have sued Arizona’s attorney general in federal court seeking the cancellation of an agreement requiring the state’s input in federal immigration policies, saying the Trump administration official who made the arrangement lacked the authority to do so.

 

Safe Horizon and ASISTA File Lawsuit Against USCIS and DHS

ASISTA: Safe Horizon and ASISTA File Lawsuit Against USCIS and DHS, Seeking Information on Policy Change Making it More Difficult for Victims of Serious Crime to Obtain Relief Under the U-Visa Program.

 

DHS and HHS Sign Memorandum of Agreement Regarding Consultation and Information Sharing in UAC Matters

On March 11, 2021, HHS ORR and ICE and CBP signed a Memorandum of Agreement (MOA) regarding consultation and information sharing in matters relating to unaccompanied children. The April 13, 2018, MOA among the agencies dealing with UAC matters has been terminated. AILA Doc. No. 21031235

 

USCIS Shifts Policy On Minors With Alleged ‘Gang Affiliations’

Law360: U.S. Citizenship and Immigration Services will no longer rule out petitions for special status from mistreated youth based on state courts’ failure to assess whether they have ties to gangs, a policy change stemming from a class settlement last year.

 

EOIR Rescinds Policy Memorandum on Case Processing at the BIA

EOIR issued a policy memo (PM 21-16) rescinding and cancelling PM 20-01, Case Processing at the Board of Immigration Appeals. Upon this rescission, the BIA returns to the case management system established by regulation that was effective on 9/25/02 to manage the Board’s caseload. AILA Doc. No. 21031748

 

Further Delay of Effective Date of Final Rule on Pandemic-Related Security Bars to Asylum and Withholding of Removal

Advance copy of USCIS and EOIR interim final rule further delaying until 12/31/21 the effective date of the final rule “Security Bars and Processing” (85 FR 84160) which had been scheduled to become effective on 3/22/21. Public comment is also sought on whether the rule should be revised or revoked. AILA Doc. No. 21031930

 

USCIS Extends Effective Date of Temporary Final Rule on Interpreters at Asylum Interviews

Advance copy of USCIS final rule extending the expiration date of the temporary final rule on interpreters at asylum interviews published at 85 FR 59655, which was originally scheduled to expire on 3/22/21, for 180 days. The final rule will be published in the Federal Register on 3/22/21. AILA Doc. No. 21031932

 

CBP Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico

CBP issued a notification of the continuation of temporary travel restrictions limiting travel of individuals from Mexico into the United States at land ports of entry along the United States-Mexico border through 4/21/21 due to COVID-19. (86 FR 14813, 3/19/21) AILA Doc. No. 21031934

 

USCIS Notice Extending and Redesignating Syria for TPS

USCIS notice extending the designation of Syria for TPS for 18 months, from 3/31/21 through 9/30/22, and redesignating Syria for TPS for 18 months, effective 3/31/21 through 9/30/22. (86 FR 14946, 3/19/21) AILA Doc. No. 21012930

 

RESOURCES

 

 

EVENTS

 

 

ImmProf

 

Monday, March 22, 2021

Sunday, March 21, 2021

Saturday, March 20, 2021

Friday, March 19, 2021

Thursday, March 18, 2021

Wednesday, March 17, 2021

Tuesday, March 16, 2021

Monday, March 15, 2021

 

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

Check out item #7 under “Top News,” the story from the WashPost of Agnes Lee, the new Editor-in-Chief of the Georgetown Law Journal. In addition to being a brilliant and accomplished student, she happens to be an undocumented resident of the U.S. Congrats to Agnes, the Law Journal, and the entire Georgetown Law community!

⚖️Shout Out  for Georgetown Law Students:

Of course, never missing an opportunity to “self-promote,” I heartily encourage current Georgetown Law students who wish to learn and engage in active dialogue about immigration, social justice, and racial justice in America today, as well as to pick up pointers on how to actually practice law, to register for my “compressed semester, 2-credit course Immigration Law & Policy” to be given this June (in person, and virtual options).

Thanks to the great group of students, it’s always a lively, engaged, and diverse group researching, presenting, and discussing perhaps the most important (and misunderstood) current topic for America’s and the word’s future — one on which, sad to say, the myths, false narratives and misinformation are rampant, spreading even as I write this.

While I provide an outstanding “practice oriented” text, the class topics, abundant study questions, a challenging but very “doable” final exam, along with the inevitable anecdotes and “war stories” from my nearly 50-year career, the students actually control the substance though their own research on current and historical events and sharing of personal experiences with the immigration system (everybody has some, whether they realize it or not). It’s also a chance to “network and bond” with a group of wonderful colleagues who can “be there for you” throughout your careers.

Indeed, I hope to put together a panel of “young superstars”🌟 of the New Due Process Army,🌟 including former students/and or court interns, who can share their career experiences on “why they chose to make a difference in human lives and how they have accomplished it.” Additionally, one of the best “up and coming” minds in the business, my friend Professor Cori Alonso Yoder, currently a Visiting Professor at Georgetown Law, has offered to meet with the class to share some of her knowledge and real life experiences with “Life-saving 101.” So, it should be a vibrant an exciting month. Don’t miss it!

Also, despite the seriousness of the topic, we always have some fun doing it!

Also, remember, NDPA superstar🌟 Liz Gibson, of “The Gibson Report,” is one of my former Georgetown Law students, a CALS Asylum Clinic veteran, a former Arlington Immigration Court intern, a former Judicial Law Clerk at the NY Immigration Court, and an alum of the prestigious Immigrant Justice Corps! In a relatively short time, Liz has used her skills, knowledge, and training to make a lifetime’s worth of  “real life positive impact” on the lives and futures of our fellow humans!

🇺🇸⚖️🗽👍🏼Due Process Forever!

PWS

03-23-21

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