🇺🇸🗽⚖️👍 REPORT FROM KANSAS CITY! — The Sharma-Crawford Clinic Immigration Court Trial Advocacy College Reaches New Heights!

Rekha Aharma-Crawford
Rekha Sharma-Crawford ESQUIRE
Partner and Co-Founder Sharma-Crawford Law
Kansas City, KS

Rekha Sharma-Crawford writes in Linkedin:

The Clinic at Sharma-Crawford Attorneys at Law Immigration Court Trial Advocacy College Faculty, 2024. Kick ass trial lawyers sharing their wisdom and knowledge to elevate the practice before the immigration courts. Blessed to call them all friends! Thank you my friends!! 🙏🏽🗽⚖️💕 

Sharma-Crawford Faculty 2024
Sharma-Crawford Faculty 2024

 

Paul Schmidt Lory Rosenberg Elina Magaly Santana Erich Straub Michael Sharma-Crawford Kelli Stump Lindsay Gray David Bell Kelly Driscoll Nathan Dayani Davorin Odrcic Michelle Saenz-Rodriguez Sarah Owings Genevra Alberti Susan Roy Patrick Lewis Angel Marie Graf

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Immigration Court Trial Advocacy College Defensive Asylum Day 2! 

 

Sharma-Crawford 2024 Day 2
Sharma-Crawford 2024 Day 2
Sharma-Crawford 2024 Day 2
Sharma-Crawford 2024 Day 2

It’s incredible to witness the dedication and passion of our attendees as they dive into the world of defensive asylum cases.

 

#TheClinicSCAL #KansasCity #TrialCollege …see more

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Sharma-Crawford
The Clinic @ Sharma-Crawford Law

Immigration Court can, quite intentionally on the part of its “political handlers,” be intimidating, particularly for newer litigators.

Among the many “user unfriendly/due process denying features:”

  • Arbitrary, “make ‘em up as you go along” rules that apply to individuals, but not to DHS or EOIR;
  • Cosmically inconsistent adjudications;
  • Lack of universal asylum expertise among judges at both the trial and appellate levels;
  • Institutional bias against asylum seekers and failure to follow generous precedents such as Cardoza-Fonseca and Mogharrabi;   
  • Shifting political priorities driving “Aimless Docket Reshuffling” and creating unmanageable backlogs;
  • Permissive lack of discipline at DHS in intentionally overloading system; 
  • Grotesque overemphasis of “bogus productivity” over due process, quality, and fundamental fairness; 
  • One-sided “disciplinary procedures” that give DHS counsel a “free pass;” and
  • A “permissive culture” of racial bias and “any reason to deny” decision-making.  

Yet, despite this intentional, unethical “tilting of the playing field’ against migrants, particularly asylum seekers of color, and their representatives, well-represented individuals win their cases against the odds at all levels of this system every day! 

The faculty of the Sharma-Crawford Immigration Court Trial College is a unique blend of experienced, hard-nosed, gutsy, immigration advocates, criminal defense attorneys, former prosecutors and judges, teachers, and coaches. We teach skills and instill fearless attitudes that have proven to be successful in criminal, civil, and immigration litigation!

 The Trial College now has more the 150 “alumni” nationwide who are using their enhanced talents to force due process on a reluctant system, save lives, and “build America,” one case at a time!  The “Class of 2024” was larger than usual and showed exceptional seriousness, dedication, creativity, and commitment to changing the course of American Justice for the better at the oft-ignored but existentially important “retail level.”

I was particularly pleased to be “reunited” on the faculty with my colleagues and “EOIR Alums” retired Judges Lory Rosenberg, Sue Roy, and “new recruit” Ed Kelly! I also appreciate the courtesy of Assistant Chief Immigration Judge Jayme Salinardi and the  Kansas City Immigration Court in arranging for the students and faculty to observe some Master Calendar hearings.

I am privileged to be part of this amazing and inspiring multi-disciplinary effort! Thanks to Rekha Sharma-Crawford, Michael Crawford, Genevra Alberti, and the Clinic Staff for their leadership in making this happen!😎

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

🇺🇸 Due Process Forever!

PWS

04-27-24

🗽⚖️😎👍 ANOTHER “W” FOR THE GOOD GUYS 😇 — ROUND TABLE 🛡️⚔️ ON THE WINNING TEAM AGAIN, AS BIA REJECTS DHS’S SCOFFLAW ARGUMENTS ON NOTICE! — Matter of Luis AGUILAR HERNANDEZ — “Sir Jeffrey” 🛡️ Chase Reports!

Jeffrey S. Chase
Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Coordinator & Chief Spokesperson, Round Table of Former Immigration Judges

A Victory before the BIA!

Hi All: I hope you are not getting tired of all the winning. Today, the BIA issued a precedent decision on the whole Pereira and Niz-Chavez jurisdictional issue involving service of a defective NTA (link attached) in which our Round Table submitted an amicus brief drafted for us by our own Sue Roy.And the BIA actually agreed with us!!!

The holding:

The Department of Homeland Security cannot remedy a notice to appear that lacks the date and time of the initial hearing before the Immigration Judge by filing a Form I-261 because this remedy is contrary to the plain text of 8 C.F.R. § 1003.30 and inconsistentwith the Supreme Court’s decision in Niz-Chavez v. Garland, 593 U.S. 155 (2021).

Here’s the link to the full decision:

https://www.justice.gov/d9/2024-01/4071.pdf

Of course, our brief was not acknowledged in the Board’s decision.

A thousand thanks to Sue and to all in this group who have repeatedly signed on in support of due process.

As a reminder, we still await a decision from the Supreme Court on whether Pereira and Niz-Chavez extend to in absentia orders of removal. Oral arguments in that case were heard earlier this month, and our brief was mentioned in response to a question by Chief Justice Roberts.

Best, Jeff

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Hon. Susan G. Roy
“Our Hero” 🦸‍♂️ Hon. Susan G. Roy
Law Office of Susan G. Roy, LLC
Princeton Junction, NJ
Member, Round Table of Former Immigration Judges
Knightess
Knightess of the Round Table

Want to meet Judge Sue Roy in person and learn from her in a small group setting? You’re in luck! (HINT: She’s not only a very talented lawyer and teacher, but she’s also very entertaining and down to earth in her “Jersey Girl Persona!”)

Jersey Girls
“Don’t mess with Jersey Girls! They’ll roll right over you — in or out of court.”
Creative Commons License

The Round Table 🛡️ will be well-represented by Judge Roy, Judge Lory Diana Rosenberg, and me at the upcoming Sharma-Crawford Clinic 7th Annual Immigration Court Trial Advocacy College in Kansas City, MO, April 24-26, 2024! We’ll be part of a  faculty of all-star 🌟 NDPA litigators who are there to help every attendee sharpen skills and reach their full potential as a fearless litigator in Immigration Court — and beyond!

Here’s the registration information:

🗽⚖️😎 SEE YOU AT THE SHARMA-CRAWFORD CLINIC TRIAL COLLEGE IN K.C. IN APRIL! — Guaranteed To Be Warmer Than Last Saturday’s Playoff Game!

Kansas City here we come! Hope to see you there!

Fats Domino
“Walk in the footsteps of the greats! Join us in KC in April!” Fats Domino (1928-2017)
R&B, R&R, Pianist & Singer
Circa 1980
PHOTO: Creative Commons

🇺🇸 Due Process Forever!

PWS

02-01-24

🗽⚖️😎 SEE YOU AT THE SHARMA-CRAWFORD CLINIC TRIAL COLLEGE IN K.C. IN APRIL! — Guaranteed To Be Warmer Than Last Saturday’s Playoff Game!

Rekha Aharma-Crawford
Rekha Sharma-Crawford ESQUIRE
Partner and Co-Founder Sharma-Crawford Law
Kansas City, KS

Rekha Sharma-Crawford writes:

Registration is now open for the 7th Annual Immigration Court Trial Advocacy College. 

One-of-a-kind training designed to give attendees a one-of-a-kind experience. The picture below is of the late Judge John O’Malley teaching students at the trial college. He loved the college and taught each year-even while battling cancer. Having served years on the Bench in State Court, he joined the Kansas City Immigration Court in 2009. He became a believer in the power of trial advocacy training for immigration removal defense attorneys. He understood the need for this kind of training to transform immigration attorneys into trial lawyers who were fearless and zealous storytellers for their clients. Judge O’Malley will be missed this year, but I know he will be watching as the next set of students graduate and join the elite group of alums. Alums who are no longer afraid to stand up for justice, demand due process and help their client’s stories come to life in the courtroom. Join us this April. 

*Seats are limited.

Here’s the registration link:

7TH ANNUAL IMMIGRATION COURT TRIAL ADVOCACY COLLEGE

 

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Really looking forward to reuniting with my Round Table 🛡️⚔️ buddies Judge Lory Rosenberg and Judge Sue Roy and all of the other wonderful faculty who along with motivated students make this such a terrific experience!

As I often say, a great NDPA opportunity!

🇺🇸 Due Process Forever!

PWS

01-16-24

⚖️ FOLLOWNG SCATHING REPORT ON ABUSE OF KIDS IN IMMIGRATION COURT, EOIR ANNOUNCES SOME REFORMS — Rekha Sharma-Crawford Reports!

Rekha Aharma-Crawford
Rekha Sharma-Crawford ESQUIRE
Partner and Co-Founder Sharma-Crawford Law
Kansas City, KS

Rekha writes on LinkedIn:

A major step towards acknowledging that the best interest of the child must play a critical role in immigration cases. This was an idea I raised over 10 years ago with my friend and colleague, the brilliant Lory Rosenberg. Later the idea again was put forward with two additional brilliant colleagues, Paul Schmidt and Susan Roy. Sometimes it takes a very long time, but the right approach can’t be hidden forever.  So pleased to see it is finally seeing some daylight.

Here’s the Memorandum from EOIR Director David  L.  Neal:

https://www.justice.gov/d9/2023-12/dm-24-01.pdf

Here’s the recent UCLA Center for Immigraton Law & Policy report on EOIR’s systemic failure to provide due process for children in Immigration Court:

🤮☠️ AS CONGRESS ENGAGES IN TRUTH & REALITY FREE (NON) DEBATE ON HOW TO INFLICT MORE CRUELTY AND MAYHEM ON VULNERABLE ASYLUM SEEKERS, THE REAL IMMIGRATION PROBLEMS GO UNADDRESSED — “No Fair Day” Documents Continuing Abuse Of Kids In Immigration Court!

Here’s a link to the “Sharma-Crawford, Rosenberg, Roy, Schmidt article” on “Best Interests of The Child in Immigration Court:”

🇺🇸⚖️ “BEST INTERESTS OF THE CHILD” IS A WIDELY-ACCEPTED EMPIRICALLY- SUPPORTED CONCEPT OF AMERICAN LAW — BUT NOT @  GARLAND’S DYSFUNCTIONAL EOIR! — The “Gang of 4,” Lory, Rekha, Sue, & I, With “Practical Scholarship” On How & Why To Argue For 21st Century Jurisprudence In A System Too-Often Wedded To The Past!

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As noted by my Round Table colleague “Sir Jeffrey” Chase, our Round Table has spoken out about the need for a separate Immigration Court system for children:

As you know, our Round Table signed on to a letter of support for proposed legislation to create a Children’s Immigration Court.

[Director Neal’s statement is] a positive administrative development.

Here’s my take:

  1. While progress is always welcome, this statement shrouds the concept of “best interest of the child” (“BIC”) with legal gobbledygook and bureaucratic doublespeak. (P. 3 of Neal Memo under “Legal Standards”).
  2. Here’s what a clear, correct statement on BIC would look like:

BIC, regardless of whether or not presented by a “Child Advocate” or incorporated in a “Best Interests Determination” (“BID”), can be directly relevant to issues of removability. For example, evidence of removability obtained by methods that clearly conflict with the BIC could be found unreliable or the result of “egregious misconduct” for the purposes of determining removability.

The BIC can also be highly relevant to issues of eligibility for relief. For example, a government or society that deprives certain children of all meaningful educational oportunities might well be engaging in persecution.

In addition, in NLPR cancellation cases, the BIC could be persuasive, even determinative, evidence that removal of a parent will result in “exceptional and extremely unusual hardship” to a USC or LPR child or children.

3) Finally, since the EOIR Director is an administrator, not a quasi-judicial official, his or her policies have a distinct “you can take it or leave it” effect in Immigration Court. Therefore ameliorative statements from the Director, no matter how well-intended, are only effective if the BIA is willing and able to insist on and enforce “best practices” on Immigration Judges, preferably through precedent decisions and reassigning cases away from those IJs who show repeated contempt for due process and best practices.

Unfortunately, the current version of the BIA has, as a body, shown neither much sympathy nor concern for the substantive and due process rights of asylum seekers and other immigrants in Immigration Court. Unless and until Garland “cleans house” and appoints a BIA where all Appellate Judges are immigration/human rights experts laser focused on due process and best practices in Immigration Court — and not afraid of enforcing them uniformly in individual cases and incorporating them in binding precedents — the Director’s latest somewhat ameliorative statement is likely to be as toothless in practice as past efforts.

To a large extent, that’s a “nutshell” of why Garland’s Immigration Courts are in dire failure that threatens our entire democracy.

Unfortunately, that we are three years into this Administration and Garland is still bumbling along with a BIA that largely represents the mistakes and shortcomings of his predecessors suggests that waiting for him to “get religion” on the need for expertise, due process, fundamental fairness, and best practices at EOIR will continue to be an exercise in “Waiting for Godot!”

Waiting for Godot
Immigration practitioners waiting for Garland to institute “due process, fundamental fairness, and best practices” as the sole mission of his EOIR “courts.” It could be a long wait. Very long! Too long!
Naseer’s Motley Group in The Rose Bowl
Merlaysamuel
Creative Commons Attribution-Share Alike 3.0
Waiting for Godot in Doon School.jpg Copy
[[File:Waiting for Godot in Doon School.jpg|Waiting_for_Godot_in_Doon_School]]
Copy
December 8, 2011

🇺🇸 Due Process Forever!

PWS

12-22-23

☠️🤯 BIA TRASHES NORMAL LEGAL RULES OF CAUSATION, JETTISONS 4TH CIR. PRECEDENT, TO DENY FAMILY-BASED PSG CASE, THE LATEST ANTI-ASYLUM ZNGER FROM FALLS CHURCH! — Family Targeted By Gangs Seeks Protection, Finds Only Rejection From BIA! —  Matter of M-R-M-S-, 28 I&N Dec. 757 (BIA 2023)

Four Horsemen
BIA Asylum Panel In Action. The BIA’s “take no prisoners” approach to asylum law has endangered asylum seekers lives without deterring them from applying! The BIA’s convoluted approach to asylum law is one factor making hearings for unrepresented applicants inherently unfair!
Albrecht Dürer, Public domain, via Wikimedia Commons

BIA HEADNOTE:

If a persecutor is targeting members of a certain family as a means of achieving some

other ultimate goal unrelated to the protected ground, family membership is incidental or

subordinate to that other ultimate goal and therefore not one central reason for the harm.

Matter of L-E-A-, 27 I&N Dec. 40 (BIA 2017), reaffirmed.

PANEL: MALPHRUS, Deputy Chief Appellate Immigration Judge,

CREPPY and PETTY, Appellate Immigration Judges.

 

OPINION BY: JUDGE GARRY MALPHRUS, Deputy Chief Appellate Immigration Judge

https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDAsInVyaSI6ImJwMjpjbGljayIsInVybCI6Imh0dHBzOi8vd3d3Lmp1c3RpY2UuZ292L2Q5LzIwMjMtMTIvNDA2OC5wZGYiLCJidWxsZXRpbl9pZCI6IjIwMjMxMjAxLjg2NDc1MjkxIn0.q_Zj4XKDQU56vCbvWbRgEZ-m1xhrXiZN-g-3R6TPtX0/s/500473331/br/232067904503-l

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Let me explain the BIA’s rule:

1) In any “mixed motive” case, EOIR will find that the “non-covered motive” is primary and all others are “tangental” so that the claim will be denied.

2) EOIR will ignore “but for,” “proximate cause,” and any other established legal rules of causation to maximize asylum denials.

3) Facts are irrelevant unless they support denial.

In its rush to deny, the BIA basically invents a “presumption” that family based persecution is “tangential” to some other non-qualifying ground. The respondent then must “establish, by direct or circumstantial evidenc, that their family membership is more than incidental, tangential, superficial, or subordinate to other motives.”

When Congress added the “at least one central reason” language in 2005, they clearly intended to preserve a robust “mixed motive” doctrine by indicating that there could be “more than one” central motive. The BIA, however appears to be strangling the “mixed motive” language by intentionally, and often artifically, “subordinating” qualifying motives to non-qualifying ones!

And, of course, faced with a choice of adopting Circuit law that protects or that which rejects, the BIA invariably chooses the interpretation least favorable to the asylum applicant, as they did here. 

I’m not the only member of the Round Table to remark on the BIA’s questionable performance.

Jeffrey S. Chase
Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Coordinator & Chief Spokesperson, Round Table of Former Immigration Judges

Judge “Sir Jeffrey” Chase says:

“This holding is contrary to asylum law generally and to multiple Fourth Circuit holdings to the contrary. I would also argue that it contradicts Second Circuit case law, and the Supreme Court’s holding regarding the meaning of “on account of” in Bostock v. Clayton County.”

Lory Rosenberg
Hon. Lory Diana Rosenberg
Senior Advisor
Immigrant Defenders Law Group, PLLC

Former BIA Appellate Judge Lory D. Rosenberg quipped:

“Don’t confuse me with the facts.”

Hon. Susan G. Roy
Hon. Susan G. Roy
Law Office of Susan G. Roy, LLC
Princeton Junction, NJ
Member, Round Table of Former Immigration Judges

Retired Judge Roy said:

“This isn’t good—another Friday afternoon surprise!”

The poor performance of the BIA in establishing asylum precedents is a major contributing factor to disorder at the border and a dysfunctional, overly complicated, unduly restrictive, hopelessly backlogged, fundamentally unfair asylum adjudication system! 

🇺🇸 Due Process Forever!

PWS

12-04-23

REPORT FROM KC: Round Table’s Judge Sue Roy Demonstrates Direct Examination of “Cinder F. Rella” (AKA Michelle Saenz Rodriguez)

Cinder Rella
Cinder F. Rella Direct
Sharma-Crawford Trial College
Johnson County Community College
May 5, 2023
Trial College Faculty
Trial College Faculty Celebrates Another Day of Teaching Extraordinary Lawyers To Be Strong, Smart, Fearless!
May 5, 2023
Trial College Happy Ending
Trial College Grads Produce Happy Endings and Grateful Clients!
Trial College
After just three days of intensive study and engagement at the Sharma Crawford Trial College, immigration litigators actually look and feel different!

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Such an honor and pleasure to be a part of this distinguished and dedicated  group.

To quote my faculty colleague Sarah Owings, “The world and the work are less lonely knowing you are all out there!” I think everyone else feels the same way, Sarah, my friend!

Sarah Owings
Sarah Owings, Esquire
Partner
Owings MacNorlin
Atlanta, GA
PHOTO: Firm

🇺🇸Due Process Forever!

PWS

05-06-23

⚖️ A “HOME RUN” ⚾️ FOR AILA — ANOTHER “BIG WHIFF” 😩 FOR GARLAND! — DOJ’s Frivolous Defense Of EOIR’s Indefensible Position Shows A DOJ In Free-fall, As Frustrated USDJ Pelts Garland’s Dilatory Litigators & Inept “Courts” With Rotten Tomatoes! 🍅 — “That’s how bad the situation was at the Newark court,” says AILA lawyer! — We Need Article I! ⚖️

Strikeout
Garland whiffs again. His mind appears to be on Ukraine not solving the mess in his courts or the ongoing violations of human rights of asylum seekers on his watch.
“Strikeout”
Attribution: Creative Commons 2.0
EYORE
“Eyore In Distress”
Once A Symbol of Fairness, Due Process, & Best Practices, Now Gone “Belly Up” —-  Poor little guy might have expected a helping hand from a Dem Administration. But his predicament has actually gotten worse under Gartland!

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/a-home-run—aila-nj-v-eoir-webex-hearings

Dan Kowalski reports for LexisNexis Immigration Community:

A “Home Run” – AILA NJ v. EOIR (WebEx Hearings)

AILA NJ v. EOIR

“Plaintiffs commenced this action on July 31, 2020, alleging violations of the Administrative Procedure Act and the Due Process Clause of the Fifth Amendment, seeking an order enjoining Defendants from compelling attorneys to appear at the Newark Immigration Court for in-person proceedings, and seeking an order compelling Defendants to provide attorneys with an option for hearings at the Newark Immigration Court by remote videoconference … ORDERED that absent emergent circumstances, Webex motions must be filed electronically or postmarked at least fifteen (15) days prior to scheduled hearings. Emergent circumstances include, but are not limited to, contracting COVID-19 or coming into immediate exposure with a person who has contracted COVID-19 within the fifteen (15) day period; and it is further ORDERED that Newark Immigration Judges must issue a decision in deciding a Webex motion and clearly state the case-specific reasons upon which the decision is based, and such decisions must be signed and dated; and it is further ORDERED that if a Newark Immigration Judge does not issue a decision regarding a Webex motion 48 hours prior to the relevant hearing, the motion will be deemed granted by the Newark Immigration Judge, and the hearing will be conducted by WebEx. The 48-hour requirement applies only to motions made at least fifteen (15) days prior to the scheduled hearings and does not apply to emergent motions…”

“Akiva Shapiro, an attorney for the AILA, said in an email to Law360 on Thursday that the order “is a home run for us.” “We are thrilled that New Jersey immigration attorneys and their vulnerable clients are once again assured access to remote immigration hearings, and that the immigration court will no longer be able to force them to choose between risking their lives and staving off deportation and other severe consequences,” Shapiro said. He noted that attorneys with the DHS had taken a different stance than the EOIR. “Even the government’s own immigration enforcement lawyers supported us and testified that the Newark immigration court was risking their health in failing to provide meaningful access to remote hearings. That’s how bad the situation was at the Newark court,” Shapiro said.” – Read more at: https://www.law360.com/immigration/articles/1581757/judge-orders-nj-imm-court-to-decide-remote-requests

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Ever wonder why there are astounding backlogs at EOIR and DOJ won’t take a stand for fair treatment of asylum seekers at the border?

This pathetic, unprofessional, dilatory “defense of the indefensible” says much about the trajectory of DOJ under Garland! Also, it shows how under Garland, DOJ wastes time and money creating problems rather than solving them! 

Competence, leadership, standards, professionalism, accountability — all missing at DOJ under Garland!

Is there ANY reason a “real” Federal Judge had to intervene to micromanage EOIR through this ridiculous self-created problem! 

Folks, this is the “low hanging fruit” of governing! The Judge found that EOIR violated a stipulated order. Heck, DHS attorneys testified against the DOJ in this case! EOIR’s “expert” reportedly undermined their inane position! Yet, Garland let this nonsense continue to unwind and waste a U.S. District Court’s time.   

And, as I have previously reported, this has been a slowly unfolding disaster at EOIR New Jersey since July 2020! See, e.g., https://immigrationcourtside.com/2023/02/04/🏴☠%EF%B8%8Fscofflaw-doj-eoir-violates-stipulated-court-order-on-video-hearings-garlands-failed-court-system-moves-a-step-closer-to-contempt-as-federal/

There were plenty of opportunities for “higher ups” in the DOJ to end this farce. They failed to do so!

Remember, all this stupid resistance was to a program slated to end in May! The Judge basically begged the DOJ to do its job and settle this case! It fell on deaf ears! 

Simply incredible! I take that back. “Incredible” understates the case; it’s insane! Totally! 🤯

As Garland wanders around Ukraine, the U.S. continues to violate human rights and international agreements at the Southern border on a daily basis. The DOJ takes anti-human-rights positions in Federal Court. Asylum denying IJs continue to run amok at EOIR. And, a U.S. District Judge has to take over daily administration of the New Jersey Immigration Courts because Garland won’t bring in competent expert leadership who can and will do the job!

We need Article I — Now more than ever!

PWS

O3-03-23

🏴‍☠️SCOFFLAW DOJ: EOIR VIOLATES STIPULATED COURT ORDER ON VIDEO HEARINGS — Garland’s Failed Court System Moves A Step Closer To Contempt, As Federal Judge Tells Dysfunctional Agency 🤡 To Get Its Act Together!

Clown Car
“DOJ/EOIR litigation team arriving at U.S. Courthouse.”
PHOTO CREDIT: Ellin Beltz, 07-04-16, Creative Commons License, https://creativecommons.org/licenses/by-sa/4.0/. Creator not responsible for above caption.
EYORE
“Eyore In Distress”
Once A Symbol of Fairness, Due Process, & Best Practices, Now Gone “Belly Up”

Round Table “Fighting Knightess” and NJ Bar honoree Hon. Sue Roy reports from the Garden State:

Hi Everyone and Happy Friday!

 

Regarding the lawsuit AILA-NJ v. EOIR—WE WON!!! We received an oral ruling from Judge Vazquez today—EOIR lost; it violated the terms of our stipulated agreement by failing to grant (or even rule on) Webex motions.  We are preparing another proposed order to submit to the Judge early next week.  He stated that if EOIR fails to comply moving forward, he will hold them in contempt.

 

Sue

 

PS Please feel free to share, publicize, etc.

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

Hon. Susan G. Roy
Hon. Susan G. Roy
Law Office of Susan G. Roy, LLC
Princeton Junction, NJ
Member, Round Table of Former Immigration Judges

Those seeking more information on this case should contact Judge Roy directly.

The caption “AILA-NJ v. EOIR” basically “says it all” about what it’s like to try to practice before Merrick Garland’s (and Biden’s) dystopian Immigration Courts these days. Such unnecessary trauma; such a waste of resources; such an abuse of public trust! All from a Dem Administration that back in 2020 ran on a platform of returning competency, professionalism, and public service to Government! Most infuriating and disappointing!🤬

Heard on “E-Street:”

  • “EOIR’s handling of this and the DOJ position are honestly ridiculous!”
  • “To quote Judy Collins & Stephen Sondheim:
    ‘Send in the clownsDon’t bother, they’re here.’”
  • “Great work Sue!  But, the problem really is treating a court system like an administrative agency instead of a court system. Problem is baked into the institution.”
  • “Amazing! Great work, and thanks on behalf of all who will benefit from this.”
  • “And, maybe it will help with the Article 1 Court position.”
  • “Great work!”
  • “Thanks for outing Garland and his scofflaw EOIR again. Seems Garland should be held in contempt if EOIR ignores court order again.”
  • “All parties acknowledge the case will be moot when the pandemic declaration ends–which Biden said earlier this week will be sometime in May.”
  • “Thanks to our attorneys, to DHS attorneys, especially Ginnine Fried, and to everyone here who helped!”
  • “If there’s one thing that can bring ICE and the private/pro bono bar together, it’s EOIR’s incompetence and intransigence. My understanding is that their OWN WITNESS tanked EOIR’s case! Is ANYBODY “supervising” EOIR litigation at DOJ these days?”
  • “What if EOIR provided public service and acted rationally without Federal Court orders? Isn’t that something that Dems on the Hill should be ‘all over Garland’ to fix? Now!”

🇺🇸 Thanks to Sue and all involved, and Due Process Forever!

Knightess
Knightess of the Round Table

PWS

02-04-23

🛡⚔️ “FIGHTING KNIGHTESS OF THE ROUND TABLE” JUDGE (RET.) SUSAN G. ROY HONORED BY NJ STATE BAR ASSN FOR LEGISLATIVE WORK!

Judge Susan G. Roy
Judge (Ret.) Susan G. Roy
Accepting 2023 Legislative Service Award from NJSBA
Judge Susan G. Roy
NJSBA Legislative Service Award to Judge (Ret.) Susan G. Roy
Jan. 2023

Sue writes:

I am honored to have received the NJSBA 2023 Distinguished Legislative Service Award, along with several immigration attorney colleagues. It is always so rewarding to be recognized by fellow attorneys. #immigration #immigrationattorney #njsba

According to the NJSBA:

The Annual Distinguished Legislative Service Award is the highest recognition and The Legislative Recognition Award is to acknowledge noteworthy legislative service. These awards are a yearly opportunity to acknowledge commitment to The NJSBA’s legislative goals and members’ willingness to testify before the State Legislature, prepare amendments and contact legislators on the Association’s behalf.

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

Congratulations, my friend and colleague! And, thanks for all you do for our Round Table, due process, and fundamental fairness in America! You are an indefatigable force for justice!

Knightess
Knightess of the Round Table

I look forward to being reunited with you, our Round Table colleague Judge Lory Rosenberg, and pro bono maven and course sponsor Rekha Sharma-Crawford on the faculty at the upcoming “Sixth Annual Litigation Trial College” in Kansas City, April 29-May 1! There’s still time to register, here:

https://immigrationcourtside.com/2023/01/11/⚖%EF%B8%8F🗽😎-another-great-ndpa-training-opportunity-join-us-at-the-sharma-crawford-clinic-litigation-boot-camp-in-kansas-city-may-4-6-2023/.

🇺🇸 Due Process Forever!

PWS

01-29-23 

⚖️🗽😎 ANOTHER GREAT NDPA TRAINING OPPORTUNITY: JOIN US AT THE SHARMA-CRAWFORD CLINIC “LITIGATION BOOT CAMP” IN KANSAS CITY, MAY 4-6, 2023!

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

Dear Colleagues,

 

The Clinic at Sharma-Crawford Attorneys at Law – a nonprofit removal defense organization in Kansas City, Missouri – is hosting its sixth annual Immigration Court Trial Advocacy College from Thursday, May 4, 2023 to Saturday, May 6, 2023 in the Kansas City metro area.

 

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

 

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

 

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

 

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

 

 

 

Genevra W. Alberti, Esq.

The Clinic at Sharma-Crawford Attorneys at Law

515 Avenida Cesar E. Chavez

Kansas City, MO 64108

(816) 994-2300 (phone)

(816) 994-2310 (fax)

genevra@theclinickc.org

 

 

http://theclinickc.org

The Sixth Annual Trial College

MAY

4 – 6

Thursday, May 4, 2023 – Saturday, May 6, 2023

Kansas City, Missouri

Sharma-Crawford
The Clinic @ Sharma-Crawford Law

Here’s a link to the Clinic site:

https://theclinickc.org/events/the-sixth-annual-trial-college/

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

I’ll be there again, along with my Round Table colleagues Judge Lory Rosenberg, Judge Sue Roy, and a host of other great faculty. See you in Kansas City in May!

“Going to Kansas City, Kansas City here I come . . . .”

— F. Domino

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

🇺🇸 Due Process Forever!

PWS

01-11-22

🇺🇸⚖️ “BEST INTERESTS OF THE CHILD” IS A WIDELY-ACCEPTED EMPIRICALLY- SUPPORTED CONCEPT OF AMERICAN LAW — BUT NOT @  GARLAND’S DYSFUNCTIONAL EOIR! — The “Gang of 4,” Lory, Rekha, Sue, & I, With “Practical Scholarship” On How & Why To Argue For 21st Century Jurisprudence In A System Too-Often Wedded To The Past!

Lory Rosenberg
Hon. Lory Diana Rosenberg
Senior Advisor
Immigrant Defenders Law Group, PLLC
Rekha Aharma-Crawford
Rekha Sharma-Crawford ESQUIRE
Partner and Co-Founder Sharma-Crawford Law
Kansas City, KS
Hon. Susan G. Roy
Hon. Susan G. Roy
Law Office of Susan G. Roy, LLC
Princeton Junction, NJ
Member, Round Table of Former Immigration Judges
Me
Me

Here it is “Time for a Child Welfare Approach to Cancellation of Removal:”

https://lnkd.in/gaDgHRD8

pastedGraphic.png

19110103h (1).pdf

drive.google.com

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

So honored to collaborate with my colleagues Lory, Sue, and Rekha on this. Grateful to AILA for publishing. This resulted from lively conversations and brainstorming when we served as faculty at the Immigration Trial College sponsored by Rekha’s firm in Kansas City in April 2022!

We all hope that this “practical scholarship” will give ideas to practitioners on how to argue for a “child centered approach.” That the BIA is one of the American authorities NOT following this better approach, supported by compelling empirical evidence, is a testament to how badly broken and in desperately needing reform our Immigration Courts are today. They aren’t going to change on their own. So, start arguing for a better approach, now!

There’s also some “insider BIA history” in here from those of us “expelled” for our aggressive, progressive judicial views on due process, fundamental fairness, and best practices! Namely, Lory and me!

🇺🇸Due Process Forever!

😎🗽⚖️👍🏼

PWS

11-16-22

🆘 SOS FROM ROUND TABLE’S 🛡 ⚔️ JUDGE SUE ROY: COMPLETE DUE ROCESS MELTDOWN @ EOIR NEWARK, AS GARLAND’S LEADERSHIP CONTINUES TO FAIL! ☠️☠️ — Garland Has Managed To Bring AILA & ICE Together In Outrage Over His Dangerous, Gross Mismanagement Of The Immigration Courts!🤯 

Hon. Susan G. Roy
Hon. Susan G. Roy
Law Office of Susan G. Roy, LLC
Princeton Junction, NJ
Member, Round Table of Former Immigration Judges

My colleague Sue writes:

Hi,

 

First, can someone please share with the RT as a whole?  I can’t do it from where I am at the moment.

 

Second, yes, believe it or not, Newark EOIR is implementing a “policy” (if you can call it that, since it hasn’t been written anywhere) starting Monday, October 3, 2022, that ALL DHS and Respondents’ attorneys must appear IN PERSON for almost EVERY case, including master calendar hearings.  Their stated reason?  “Webex bandwidth issues.”  This is the Court that started Webex.  This is the Court that caused the death of at least one person (and in fact 4 people ultimately died) and the severe illness of many more, because of its court policies at the beginning of the pandemic.  And Newark EOIR’s completely unsafe and short-sighted policy just last year is what generated the lawsuit filed by AILA-NJ against EOIR.

 

The OPLA attorneys’ union and AILA-NJ have issued a JOINT press release (which is attached) after a joint letter to David Neal unfortunately did not resolve the issue. The NJ State Bar Association has also submitted a letter to Director Neal. (Also attached).

 

In fact, the Newark EOIR policy flies in the face of the DM issued by Director Neal himself regarding the use of WebEx throughout the nation’s immigration courts.

 

Some Newark IJs have already begun denying ALL WebEx motions for both DHS and Respondents’ attorneys, regardless of the reason behind the motion (such as, undergoing chemotherapy; receiving treatment for heart conditions; or having oral argument scheduled before the U.S. Court of Appeals on the same day, just to give some examples).

 

In any event, feel free to share widely and publicly. The Chair of AILA-NJ this year is Jason Camilo, who I have cc’d on this email just so he is aware.

 

Happy Friday!

 

Sue

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

Here’s the joint letter letter from AILA & ICE:

   PROSECUTORS AND ATTORNEYS

CALL FOR CONTINUATION OF VIRTUAL HEARINGS AND OPPOSE CHANGE IN POLICY IN NEWARK IMMIGRATION COURT

New Jersey – Both AILA NJ and AFGE Local 511 (ICE Professionals Union) call on the Newark Immigration Court, part of the U.S. Department of Justice, Executive Office for Immigration Review (EOIR), to continue to allow virtual hearings for all attorneys and immigrants, in all cases, without exception. These attorneys are opposed to the recently- announced policy of the Newark Immigration Court requiring all attorneys to either return in person to hearings beginning on October 3, 2022 or to seek waiver of in-person appearance for good cause. Public safety requires virtual hearings, especially for routine preliminary hearings that generate large groups of people in small courtrooms.

This new policy goes far beyond the policies of all other New Jersey court systems, from municipal courts, State courts, and federal courts, and puts everyone at risk—prosecutors, attorneys, court staff, immigrants, and the public at large. Federal and New Jersey State Courts are still operating almost entirely virtually, with exceptions only for criminal jury trials and some other specific proceedings. “EOIR’s new policy of making everyone return to the courtroom in person is dangerous and unjustified,” says Jason Scott Camilo, Chair of AILA NJ. Newark EOIR is not just requiring in-person appearances for contested individual hearings; it is requiring attorneys to appear in person at master calendar hearings as well, which can involve 50-60 cases per judge, per courtroom, every morning and afternoon. Thus, literally hundreds of people will once again be forced into small, unventilated courtrooms and narrow hallways every single day.

Sadly, this is not the first time Newark EOIR has tried to force prosecutors, attorneys, and the public into the courtroom during the pandemic. Numerous people contracted COVID-19 as a result of attending immigration court proceedings in March 2020. One well-respected AILA NJ member passed away as a result, and several people became seriously ill. Other federal workers at the same federal building have also succumbed to the disease. This is in addition to those who suffered and still suffer from long COVID complications.

Despite this, Newark EOIR compelled people back into courtrooms in July 2020. New Jersey immigration attorneys and the New Jersey Chapter of American Immigration Lawyers Association, (AILA NJ), sued EOIR on July 31, 2020 in Federal District Court, New Jersey,

 seeking protection from EOIR!s first attempt compelling attorneys to appear in person during the pandemic. Due to this suit, Newark EOIR committed to providing attorneys with remote videoconferencing for the duration of the pandemic and to troubleshoot and address any glitches or interruptions in its use. All Immigration Courts nationwide soon adopted internet based hearings as the default for cases.

Since August 2020, prosecutors, attorneys, and immigrants have been appearing remotely, and, according to polling conducted by AILA NJ, the vast majority of internet-based hearings are proceeding without issue. Secretary Becerra of the United States Health & Human Services recently announced the continuation of the nationwide public health emergency on July 15, 2022. More than 34,000 New Jerseyans have died from COVID-19; over 2,500 people a day are still falling ill in New Jersey alone.

Acknowledging the benefits of internet-based hearings, David L. Neal, Director of EOIR, issued guidance on August 11, 2022, indicating that “all immigration courts have the capacity to hold such hearings…,” that “internet-based hearings have proven a valuable safety measure during the pandemic, as immigration judges can conduct such hearings without requiring groups of people to congregate in a courtroom…,” and that “EOIR anticipates that, going forward, internet-based hearings will remain essential to EOIR’s operations.”

“In fact, EOIR has been holding stakeholder meetings across the country to explain the continued benefits of utilizing Webex in immigration court proceedings. Why, then, would Newark EOIR, which was the first immigration court in the nation to use the WebEx system, suddenly choose to abandon it? Logically and logistically, this makes no sense,” explained Jason Scott Camilo.

Virtual hearings provide other benefits as well. Virtual hearings allow the courts to efficiently process more cases safely. Private attorneys and pro bono organizations are able to represent immigrants more effectively, having the ability to beam into various courtrooms in different locations in a single day.

According to AFGE Local 511, virtual court appearances enable prosecutors to minimize their exposure to hundreds of people in crowded courtrooms every day, while having more time to allocate their limited resources towards resolving cases outside the courtroom in motion practice and in consultation with opposing counsel. OPLA offices are understaffed, and virtual courtrooms enable telework, which in turn permits them to better manage their out of court duties, which primarily consist of efforts to reduce the immigration court backlog. “It makes no sense to hinder government attorneys attempting to assist EOIR in resolving cases ,” said AFGE Local 511’s Executive Vice President, Ginnine Fried, who is assigned to the Newark office.

Newark EOIR’s newly-announced policy requiring attorneys to appear in person or request a waiver is in direct opposition to the resolution of the federal lawsuit, is in direct opposition to the policy of the EOIR Director and, if implemented on October 3, 2022 as planned, will imperil the

 health and safety of all who will be forced to appear in person. No other court in the state has taken such radical action. AILA NJ attorneys and AFGE Local 511 attorneys agree there is no valid public policy reason to implement this drastic change, and numerous public policy reasons to continue with virtual immigration court hearings: public safety, increased court efficiency, and uniformity. Standing united, these opposing sides are beseeching the Newark EOIR to let safety prevail and to preserve the health of those Americans working to preserve a fair and equitable Immigration system.

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

Here’s the text of a letter to Director Neal from the NJ State Bar:

September 29, 2022

Sent via email to david.neal@usdoj.gov

Director David L. Neal

Executive Office for Immigration Review U.S. Department of Justice

950 Pennsylvania Avenue, NW Washington, DC 20530-0001

Dear Director Neal:

NEW JERSEY STATE BAR ASSOCIATION

 JERALYN L. LAWRENCE, PRESIDENT Lawrence Law LLC 776 Mountain Boulevard, Suite 202 Watchung, NJ 07069 908-645-1000 • FAX: 908-645-1001 jlawrence@lawlawfirm.com

 On behalf of the New Jersey State Bar Association, which includes immigration attorneys among its 16,000 attorney members, I write to seek reconsideration of the policy change the Executive Office of Immigration Review (EOIR) has scheduled to implement in Newark, NJ, on Oct. 3, 2022. After more than two years of successful Webex Master Calendar hearings, EOIR will again require immigration attorneys to appear in person. While vague Webex bandwidth issues have been cited as the impetus for the change, there has been no stated reason why EIOR will not default to the prior practice of holding Master Calendar hearings telephonically. To be sure, there are legitimate concerns about the ability to judge credibility or simultaneous interpretation in certain telephonic immigration hearings, but those issues are not in play here as EOIR has waived clients’ appearance in Master Calendar hearings. Reverting to the pre-pandemic, inflexible court appearance requirements is both unnecessary, in light of back-up telephonic hearing capabilities, and presents costly time and monetary burdens to attorneys and respondents.

I. EOIR HAS SUCCESSFULLY HELD WEBEX HEARINGS SINCE THE HEIGHT OF THE COVID-19 PANDEMIC IN 2020.

EOIR Newark began Webex hearings in summer 2020 because of litigation filed by New Jersey immigration attorneys in the New Jersey chapter of Association of Immigration Lawyers Association (AILA) on July 31, 2020, in the District Court of New Jersey, Newark Vicinage. That suit sought protection from EOIR Newark’s order compelling attorneys to appear in person during the pandemic. As a result of this litigation, Assistant Chief Immigration Judge David Cheng (ACIJ Cheng) of the New Jersey Immigration Court, and on behalf of EOIR Newark, committed to providing attorneys with remote videoconferencing for the duration of the pandemic. As part of the parties’ stipulation for dismissal, the parties agreed to the following:

New Jersey Law Center • One Constitution Square • New Brunswick, New Jersey 08901-1520 732-249-5000 • FAX: 732-249-2815 • EMAIL: president@njsba.com • njsba.com

WHEREAS, PM 21-03 further provides that, “[o]nce WebEx compatibility is available at an immigration court, for the duration of the declared national emergency related to COVID-19, either party may file a motion for the alien or the representative for either party to appear at a hearing by VTC through WebEx rather than in person,” see id.; and

WHEREAS, PM 21-03 further provides that motions to appear at a hearing by VTC through WebEx for any party or party attorney/representative, like motions for telephone appearances, are “subject to the discretion of the immigration judge, any applicable law and any applicable requirements of the ICPM [Immigration Court Practice Manual], a standing order, or a local operating procedure,” see PM 21-03 at p. 4.

See Stipulation for Dismissal, Docket 44, dated Feb. 16, 2021 (Docket No. 2:20-cv-09748- JMV-JBC) (emphasis added), attached hereto as Exhibit A.

In the wake of that consent order, EOIR Newark joined all other state and federal courts in New Jersey in operating virtually during the pandemic. In practice, and pursuant to ACIJ Cheng’s Standing Order dated June 19, 2020, all Master Calendar hearings were held telephonically, without the need for a motion, and all respondents’ appearances were waived if an attorney appeared on their behalf. See Standing Order dated June 19, 2020, attached hereto as Exhibit B. This Standing Order was rescinded pursuant to ACIJ Cheng’s Standing Order on Dec. 28, 2021, effective Jan. 10, 2022, at which time Master Calendar hearings changed from being held telephonically to being held via Webex. As it was before, these were without the need for a motion, and all respondents’ appearances continued to be waived if an attorney appeared on their behalf. See Standing Order dated Dec. 28, 2021, attached hereto as Exhibit C.

Even today, many court operations across New Jersey continue to be virtual. To name a few, state municipal matters are being managed remotely, except for DUIs and trials, and in Superior Court, non-consequential hearings such as preliminary appearances and status conferences continue to be held remotely.1 The U.S. District Court for the District of New Jersey extended its standing order on Aug. 8, 2022, regarding virtual hearings for criminal proceedings.2

Additionally, EOIR itself has acknowledged the benefits of internet-based hearings, for which Newark was a national leader in its overall success as a pilot program jurisdiction. On Aug. 11, 2022, EOIR issued Director’s Memorandum 22-07.3 That stated, “all immigration courts have the capacity to hold such hearings…,” and “internet-based hearings have proven a valuable safety measure during the pandemic, as immigration judges can conduct such hearings without requiring groups of people to congregate in a courtroom…” The memo cites the benefits of internet-based hearings, including that “Respondents and counsel appearing remotely are

1 See njcourts.gov/public/covid19_one-stop.html#court_hearings, last accessed Sept. 27, 2022.

2 See njd.uscourts.gov/sites/njd/files/CARESActSOSixthExt.ofSO2021-03.pdf, last accessed Sept. 27, 2022. 3 See justice.gov/eoir/page/file/1525691/download, last accessed Sept 27, 2022.

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relieved from traveling to court.” Finally, the memo said that “EOIR anticipates that, going forward, internet-based hearings will remain essential to EOIR’s operations.”

II. EOIR NEWARK INTENDS TO SUSPEND STANDARD WEBEX HEARINGS ON OCT. 3, 2022, WITHOUT PROPER NOTICE TO THE BAR, INCLUDING NJSBA.

Notwithstanding the above, the EOIR seeks to disband the standard for Webex hearings without proper notice to New Jersey attorneys and their clients who will be substantially and disproportionately affected by this sudden policy shift. The NJSBA only learned of this policy through its affiliate AILA NJ members when the committee chair for AILA NJ announced the new policy to its members by email on Aug. 30, 2022. The email was supplemented on Aug. 31, 2022, and again Sept. 8, 2022. The below paragraphs, taken from our AILA NJ colleagues’ letter to EOIR leadership, contain the entirety of the new policy, which was communicated via the emails referenced above.

From the Aug. 30, 2022 Email from EOIR Committee Chair:

The standing order for Webex hearings is revoked and in person appearances required as of 10/3/22. This of course is subject to exceptions and variations as follows:

1. Webex hearings will continue for all cases heard by Judge Ranasinghe and Judge Jeannopolous

2. Judge Pierro and Judge Chen will have in person master calendars and Webex merits hearings.

3. Judges Rubin, Rastegar, Riefkohl, Finston, Wilson and Lane will have in person hearings master and merits.

4. Represented respondents’ appearances are waived for master calendars like they are now on Webex masters, but not for merits hearings. This includes cases where an attorney is already on record or making his/her first appearance. Atty shows up, the respondent does not have to appear. If you are hired at the last minute and can’t make it, the respondent has to appear.

5. This does not apply to Elizabeth hearings as the facility does not admit visitors, all remote hearings.

6. If it is Judge Shirole or Pope and the hearing notice is for Newark, (DD Case), in person at Newark. Any doubts about Shirole call Elizabeth. Pope will all be in person.

7. You can still file a motion for a Webex hearing for good cause but it MUST be filed 15 days or before. If it is not granted you have to

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appear. I am told the reason for this is the Webex bandwidth is incapable of handling the level of internet traffic that has developed. The system is crashing constantly. More and more attorneys are using it with technical issues constantly. So the “good cause” issue will be a major consideration in granting or denying motions for Webex calendars.

From August 31, 2022 Email from EOIR Committee Chair:

1. DHS has to appear in person and they will be required to file motions for Webex.

2. I failed to include ACIJ Cheng and IJ Mullican among the list of judges where in person appearances are required.

From September 8, 2022 Email from EOIR Committee Chair:

ACIJ Cheng has rephrased the “good cause” language requirement for a Webex motion. He chooses to phrase it as “there has to be a reason”.

See AILA New Jersey letter dated Sept. 23, 2022, attached hereto as Exhibit D.

III. THE NEW POLICY FAILS TO PROVIDE PROPER NOTICE TO NEW JERSEY ATTORNEYS AND IT IS IN CONFLICT WITH PRINCIPLES OF EQUAL ACCESS TO JUSTICE, DUE PROCESS AND FUNDAMENTAL FAIRNESS.

EOIR Newark failed to circulate a general notice to the entire bar of the policy change and thereby limited the ability of all practitioners to learn of the change in a timely fashion.

 Indeed,

 unless immigration attorneys are members of AILA NJ, which some, but not all NJSBA Immigration Law Section members are, they might still be unaware of this abrupt change in policy, which will prejudice them and their clients. To date, EOIR Newark has not published a formal standing order to officially announce it. This lack of notice will hinder equal access to the justice system for countless respondents whose attorneys are not aware of the sweeping changes

 made to the practice. As our AILA NJ colleagues adeptly stated, notice of these changes should come directly from EOIR Newark in the form of a standing order, notice to the bar, website update, or other written statement. Further, the new policy is confusing and complicated in its

 implementation.

 This new policy also denies equal access to justice because of the effect it will have on attorneys’ fees. The fees for appearing at Master Calendar hearings in person, rather than virtually, will be markedly more expensive, and needlessly so, for immigration clients. Although clients’ appearance would be waived, the time attorneys spend to appear in person will be exponentially greater than that spent at a Webex appearance. In immigration removal proceedings, where respondents have no right to court-appointed counsel, many clients will find it cost prohibitive to pay an attorney for protracted appearances at Master Calendar hearings in Newark. An additional

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 consequence may be that seasoned immigration attorneys would limit the removal defense cases

 they accept that require needless Newark appearances.

Consistency in agency practices is a hallmark of due process and fundamental fairness. Respondents and attorneys should be able to rely on established policies and practices and conform their behavior accordingly. To be clear, changes should be announced with reasonable notice and ample breadth to the entire legal community. EOIR Newark’s decision to change course without prior, reasonable notice will have serious economic and practical consequences to immigration attorneys and their clients.

IV. THE NEW POLICY WILL BE UNNECESSARILY BURDENSOME AND WILL RESULT IN ADDITIONAL BACKLOGS AND INEFFICIENCIES THROUGHOUT THE IMMIGRATION COURT SYSTEM.

 The new EOIR Newark policy will burden immigration attorneys by immediately requiring them to appear in person in Newark for Master Calendar hearings while their clients’ appearances remain waived. A Master Calendar hearing in Immigration Court is the equivalent to a status conference in most other litigation-based practice areas. They are administrative, taking approximately five to 15 minutes to complete. This will place a heavy burden on immigration attorneys across New Jersey all of whom will again be required to be physically present on the 12th Floor of EOIR Newark, which is New Jersey’s sole immigration court, by 8:30 a.m. on any given weekday for a hearing that will likely last fewer than 15 minutes. This change will be a hardship for attorneys from the south, such as an attorney from Cape May who would have to travel 148 miles to Newark, as well as those from the north, such as an attorney from Montague

 who would have to travel 59 miles to Newark, all for a brief hearing.

 A silver lining of the COVID-19 pandemic has been the legal community’s embrace of technology. Attorneys and courts alike learned, adopted, and then mastered a more efficient process to effectively practice law. There is no reason to revert to antiquated, unnecessary practices. Health concerns aside, appearing for Master Calendar hearings via Webex has proven to be a much more efficient process that reallocates attorneys’ time into their files and clients’ valuable financial resources. If Webex is experiencing bandwidth issues, telephonic Master

 Calendar hearings should be the back-up policy for attorneys rather than in person Master Calendar hearings. Immigration attorneys rely on Webex hearings to manage their practices, caseloads and clients’ schedules and expectations. Immigration attorneys have relied on the belief that EOIR Newark’s Master Calendar hearings would be handled in a remote fashion and have entered into retainer agreements with clients with fee estimates that do not contemplate in- person appearances, have scheduled their calendars, and accepted other court hearing dates, upon that belief. This new policy, which is being implemented in a haphazard manner, creates numerous conflicts, requiring voluminous motion practice to correct. The new policy would upend these successfully established practices on which attorneys, their staff, and their clients

 have come to rely over the last two years.

 The new policy states that motions to appear via Webex will be entertained, but that they must enumerate a “reason for the request.” Requiring a motion requesting a virtual hearing on every Master Calendar hearing, where an attorney may have dozens in any given week, is an

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 overwhelming and unnecessary burden. Additionally, the court, and its already backlogged docket, will be flooded with motions for virtual hearings. The most likely reality is that a majority of attorney motions requesting Webex appearances would be undecided by the date of the appearance. That would lead to a stressful situation each week in which immigration attorneys cannot properly plan their schedules and calendars because they do not know whether or how the immigration judge has ruled on their motion, and whether an in-person appearance will be necessary. Additionally, calling EOIR Newark to ascertain an immigration judge’s decision on a pending Webex motion is, and will continue to be, an unreliable practice strategy. Court staff are already far too busy with court administration to field dozens of additional calls

 from immigration attorneys each day relating to these issues.

 EOIR should continue to permit immigration attorneys to appear for Master Calendar hearings via Webex as standard policy, without a motion. Although EOIR Newark has cited bandwidth concerns as an impetus for the sudden return to in person hearings, it has failed to set forth any basis for not defaulting to the process of holding Master Calendar hearings telephonically nor any substantive reasoning to support the policy that an attorney’s in-person appearance at a Master Calendar hearing is vital to the judicial process. Indeed, prior to the Dec. 21, 2021, EOIR Newark standing order to conduct Master Calendar hearings by Webex, all Master Calendar hearings were handled successfully via telephone, with the respondent’s appearance waived. If bandwidth upgrades are a concern, EOIR Newark should temporarily reinstate that practice and hold Master Calendar hearings with immigration attorneys via telephone until Webex bandwidth

 issues are rectified.

Once again, the NJSBA urges this court to permit hearings for all Master Calendar hearings to be held telephonically or via Webex, without the need for a motion. When we learn and implement a better process, we should embrace that spirit of innovation and creative problem solving rather than revert to antiquated processes. We look forward to working with EOIR Newark to find solutions that allow the court to efficiently accomplish its work and best serve the litigants who appear before it.

Very truly yours,

Jeralyn L. Lawrence, Esq.

President, New Jersey State Bar Association

Cc: Hon. David Cheng, Assistant Chief Immigration Judge, EOIR Newark (sent via email to david.cheng@dhs.gov)

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

One of my reliable sources in the DMV area says that DHS is predicting the same awful “bandwidth” mess at the newly opened “Sterling Immigration Court.” How does a judicial system open “new courts” and mass reschedule cases without checking out basics like “bandwidth capacity” in advance? Total, inexcusable incompetence!

Sadly, this is not a surprise to those of us who have been blasting Garland’s horrible failure to make the glaringly obvious (to all but him) systemic, structural, and personnel changes to restore at least a modicum of due process in his failed “court system” — America’s worst courts, as I have been saying over and over.

When are Dems in Congress finally going to provide some meaningful oversight and force Garland to answer tough questions about his “due process disgrace” @ EOIR? Senator Booker and Senator Menendez, where are you?

🇺🇸 Due Process Forever!

PWS

09-30-22

EYORE
“Eyore In Distress”
Poor Eyore can’t catch a break — and, neither can the prosecutors, private attorneys, and individuals subjected to Garland’s botched “management” of EOIR — “America’s Worst Courts!”

⚖️👩🏽‍⚖️👨🏼‍⚖️⚔️🛡LATEST ROUND TABLE AMICUS BRIEF FOCUSES ON GENDER-BASED PSG! — Chavez-Chilel v. A.G., 3rd Cir., Petition For Rehearing

Hon. Susan G. Roy
Hon. Susan G. Roy
Law Office of Susan G. Roy, LLC
Princeton Junction, NJ
Member, Round Table of Former Immigration Judges
Jeffrey S. Chase
Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Coordinator & Chief Spokesperson, Round Table of Former Immigration Judges

 

 

Hon. “Sir Jeffrey” Chase reports:

The attached is the final “as filed” version of our latest brief in Chavez-Chilel v. Garland, in support of the motion for rehearing/rehearing en banc.  This one is very “all in the family,” as Sue Roy is our counsel, Sue and I drafted the brief, and decisions from Miriam Hayward and Charles Honeyman are attached as exhibits.

There is also an amicus brief by law school professors, and joining NJ attorney Ted Murphy as petitioner’s counsel is Paul Hughes, who argued Kisor v. Willkie before the Supreme Court (as well a Nasrallah v. Barr, a Supreme Court victory in which we were amici).

Best, Jeff

Chavez-chilel RT amicus FINAL

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

Thanks to our wonderful colleague Judge Sue Roy for taking the lead on this!

🇺🇸Due Process Forever!

PWS

03-31-22

😎👍🏼⚖️🗽MORE TIMELY NDPA ASYLUM TRAINING — Feb. 25-26 — Register Now!

Jeffrey S. Chase
Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Coordinator & Chief Spokesperson, Round Table of Former Immigration Judges
Hon. Susan G. Roy
Hon. Susan G. Roy
Law Office of Susan G. Roy, LLC
Princeton Junction, NJ
Member, Round Table of Former Immigration Judges

More NDPA Training:  Tomorrow and Saturday, the New York Asylum and Immigration Law Conference will be held virtually; Sue Roy and I are among the speakers, along with many other members of the NDPA.

Here is the link:

https://www.eventbrite.com/e/2022-annual-new-york-asylum-immigration-conference-tickets-233964222287

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

Here’s the full agenda with the impressive list of speakers:

2022 Asylum Conference Agenda_FINAL (Zoom Links & Dropbox Link)

Garland’s head will be spinning 😵‍💫 by the time the NDPA gets finished with him and his failing “courts!”

Thanks for passing this along, Sir Jeffrey!

🇺🇸Due Process Forever!

PWS

02-24-22

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

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

Dear Colleagues,

 

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

 

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

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

Hon. Susan G. Roy
Hon. Susan G. Roy
Law Office of Susan G. Roy, LLC
Princeton Junction, NJ
Member, Round Table of Former Immigration Judges
Lory Rosenberg
Hon. Lory Diana Rosenberg
Senior Advisor
Immigrant Defenders Law Group, PLLC, Member, Round Table of Former Immigration Judges

 

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

 

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

 

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

 

 

Genevra W. Alberti, Esq.

The Clinic at Sharma-Crawford Attorneys at Law

515 Avenida Cesar E. Chavez

Kansas City, MO 64108

(816) 994-2300 (phone)

(816) 994-2310 (fax)

genevra@theclinickc.org

 

 

http://theclinickc.org

 

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“I’m goin’ to Kansas City, 

Kansas City here I come,

I’m goin’ to Kansas City,

Kansas City here I come,

They got some crazy great attorneys there,

And I’m gonna train me some!”

  With apologies to the late, great Fats Domino!

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

🇺🇸🎶Due Process Forever!

PWS

02-07-22