Category: Human Rights

🤯☠️LARGELY OVERLOOKED “NUGGET” IN TRAC’S LATEST ASYLUM “DATA DUMP” SHOWS SCOPE OF BIDEN ADMINISTRATION’S FAILURE TO BRING DUE PROCESS, PROFESSIONAL EXPERTISE, VISION TO BROKEN ASYLUM SYSTEM!

Trump Dumping Asylum Seekers in Hondiras
Despite two years of blather and broken promises, the Biden Administration’s approach to asylum at the border hasn’t advanced much over Trump’s. That’s a shame, because the tools and expertise to fix the system are available, yet largely ignored by the Administration. It might come to a head on Dec. 22.
Artist: Monte Wolverton
Reproduced under license

 

 

https://trac.syr.edu/whatsnew/email.221129.html

As experts predicted, the Biden Administration’s poorly-conceived and ineptly implemented “expedited asylum dockets” have sharply diminished favorable outcomes and due process for asylum seekers in a broken system already stacked against them. This preventable disaster is particularly acute for the too many unrepresented applicants who have little chance of relief in a system designed to reduce them to dehumanized denial statistics.

But, the real “sleeper” here is that over three quarters of the cases “referred” by the Asylum Office are GRANTED by the Immigration Courts. This shows a gross “over-referral” of cases to the Immigration Courts that could and should be expeditiously granted at the Asylum Office. The Administration’s regulation change to give Asylum Officers more authority to grant asylum at the first instance has not had the positive effects it should have.

Of course, the Administration’s unforgivable failure to “leverage” asylum grants for recently arrived refugees cripples their border response and creates fodder for GOP White Nationalist xenophobes. It builds unnecessary backlogs and promotes “aimless docket reshuffling” in Garland’s disgracefully dysfunctional and hopelessly backlogged EOIR!

But, beyond that, this statistic also projects that a large part of EOIR’s largely self-inflicted “asylum backlog” consists of clearly grantable, represented “affirmative” asylum cases referred by the Asylum Office. Rather than working with the private bar to identify and prioritize these cases in an orderly, professional manner for expedited grants, Garland has done the exact opposite! 

The problem of mass over-referral to EOIR by the Asylum Office is hardly “today’s news.” Indeed, in 2016, the year I retired from the bench, 83% of the “affirmative” referrals by the Asylum Office were GRANTED in Immigration Court! https://www.statista.com/statistics/234398/affirmative-asylum-case-grant-rate-by-us-immigration-courts/ And, that was with a BIA setting precedents that were generally, and quite incorrectly, unfavorable to asylum seekers. Of course the latter problem has also gotten worse in the intervening years. 

As I have pointed out before, despite two years to reform and improve the asylum system at both DHS and EOIR, the Biden Administration appears woefully unprepared to reinstitute the rule of law for asylum seekers on December 22 in a manner that is fair, efficient, reasonable, and humane. Failure to solve the long-festering problem of under-granting asylum and over-referring cases to EOIR is just part of the overall ineptitude, lack of dynamic leadership, absence of vision, and, frankly, moral vapidity of the Biden Administration on human rights and racial justice. 

Failure to timely and competently grant asylum at the first instance is a major driver of disorder and backlogs at both USCIS and EOIR. That’s basically “Good Government 101,” apparently not required to work on immigration in this Administration. 

The process requires close coordination and cooperation with NGOs and the pro bono bar for representation (essential for due process), quick identification and granting of strong cases, and orderly resettlement (in place of the random bussing by GOP grandstanding governors curiously empowered by the Biden Administration’s lack of leadership).

But, if there is a plan by the Administration to involve the private sector in a positive manner, it’s certainly a secret. That’s tragic, as the imbalance in experience, expertise, and competence between the private bar, where it resides, and the Administration, where it doesn’t, has reached incomprehensible levels!

I always hope for the best, even when it’s against the odds. But, if disaster and massive human rights violations unfold on and after Dec. 22, expect the Biden Administration, like Trump, to blame everybody but themselves.

The job of creating order out of disorder is likely to fall primarily on NGOs and advocates at or near the border. As always, the first priority is saving as many refugee lives as possible. But, the next priority is to hold the Biden Administration accountable and not let them shift the blame for their self-created disorder at the border and the predictable, yet avoidable, mess they appear determined to create!

🇺🇸Due Process Forever!

PWS

12-02-22

Related posts:

  1. 👍🏼⚖️🗽MAJORITY OF ASYLUM SEEKERS WIN THEIR CASES, EVEN IN A BROKEN & BIASED  SYSTEM INTENTIONALLY STACKED AGAINST THEM — But, Only, If They Can Get To A “Merits Adjudication!” — Nativist Lies, Myths, Driving USG Policies Exposed! — Why USCIS & EOIR Self-Created Backlogs Primarily Shaft Those Deserving Legal Protection Of Some Type!
  2. ☠️🤯🤮🚫 AFTER WINNING YEARS-LONG BATTLE TO STOP ILLEGAL REFUGEE REMOVALS BY TRUMP & BIDEN, WEARY HUMAN RIGHTS ADVOCATES FACE DAUNTING NEW CHALLENGE: Garland’s Dysfunctional Due-Process-Denying “Courts” — Key Empirical Info Lacking, But We Do Know One Important Thing: Garland’s Latest Docket “Gimmick” — Time Limits — Sharply Reduces Chances Of Success, From Probable Grant (52%) To Likely Denial! — Quality Control & Grotesque Inconsistencies Remain Unaddressed In Dem AG’s “Race To Deny” Legal Protection!🤮
  3. 🤯BILL FRELICK @ THE HILL BLASTS BIDEN’S SCOFFLAW, ELITIST MISTREATMENT OF VENEZUELAN REFUGEES! — Welcome A Few Of The Well-To-Do, Give Others In Need The Screw! 🔩☠️ — Whatever Happened To The Refugee Act of 1980 & The Rule Of Law?
  4. 🏴‍☠️☠️⚰️🆘GARLAND, MAYORKAS FAIL TO CORRECT GROSS ABUSES OF DUE PROCESS CAUSED BY MPP SYSTEM!  — Reopening All Of The Unconstitutionally Denied MPP Cases Should Be A “No Brainer” For Competent Officials & “Real” Judges! — Tell Judge Garland His Unconstitutional & Abusive Immigration Courts Can’t Wait To Be Fixed! — Lives Are Being Lost & Suffering Continues While He Diddles!

🇺🇸🗽⚖️ MORE CA 2 REMANDS: NDPA STARS 🌟 MOSELEY & GETACHEW LATEST TO BEST GARLAND’S MESSED UP “COURTS” — BIA Applies Wrong Standards In Yet Another CAT Case, Blows “Changed Circumstance” In Asylum Case, Overlooks & Misconstrues Evidence, Omits Analysis In Unseemly “Race To Wrongly Deny” Life Or Death Cases! — Garland Shrugs Off Legal Debacle Unfolding Every Day on His Watch!

 

The Hook
The Hook
Managers yank highly-paid big league pitchers who aren’t getting the job done! When will Garland finally “get out the hook” for his deadly underperforming BIA?
PHOTO CREDIT: © BrokenSphere / Wikimedia Commons

 

Dan Kowalski reports from LexisNexis Immigration Community:

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/ca2-on-cat-standard-of-review-omorodion-v-garland

CA2 on CAT, Standard of Review: Omorodion v. Garland

Omorodion v. Garland (unpub.)

“The IJ granted Omorodion’s application for deferral of removal under the CAT and, after an initial remand by the BIA, reaffirmed that decision. In July 2018 the BIA vacated the IJ’s grant of CAT relief and ordered Omorodion removed, concluding that Omorodion did not show that she would suffer torture or that public officials would acquiesce in her torture. … First, Omorodion argues that the BIA mischaracterized and ignored key evidence. We agree. … The BIA also erred by failing to apply the clear error standard in its review of the IJ’s “predictive finding that [Omorodion] would suffer torture by or with the acquiescence of the Nigerian government.” … The BIA erred as a matter of law when it overlooked such evidence and rejected the IJ’s predictive finding. To summarize, we grant the petition and remand because the BIA overlooked material components of the record and misconstrued others. See Xiao Kui Lin v. Mukasey, 553 F.3d 217, 220 (2d Cir. 2009). Should the BIA vacate the IJ’s grant of CAT relief on remand, it should explain where it identifies clear error in the IJ’s factfinding based on the totality of the record. If any vacatur is not due to clear error, the BIA must otherwise “provide sufficient explanation to permit proper appellate review” of its decision. Hui Lin Huang, 3 677 F.3d at 137. For the foregoing reasons, the petition for review is GRANTED, the BIA’s decision is VACATED, and the case is REMANDED for further proceedings consistent with this order.”

[Hats off to Tom Moseley!]

Tom Moseley
Thomas Moseley ESQUIRE
NPPA Icon
Newark, NJ

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

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/ca2-on-cat-standard-of-review-omorodion-v-garland

CA2 on Asylum, Changed Circumstances: Perez Nagahama v. Garland

Perez Nagahama v. Garland (unpub.)

“We remand for the agency to conduct the required factfinding and analysis regarding the reasonableness of Perez Nagahama’s delay in filing her asylum claim following her changed circumstances. An asylum applicant must file an asylum “application . . . within 1 year after the date of . . . arrival in the United States.” 8 U.S.C. § 1158(a)(2)(B). There is an exception for “changed circumstances which materially affect the applicant’s eligibility for asylum.” Id. § 1158(a)(2)(D). Where there is such a change, the applicant must file an application “within a reasonable period given those ‘changed circumstances.’” 8 C.F.R. § 1208.4(a)(4)(ii). The IJ concluded and the BIA assumed that Perez Nagahama’s circumstances changed materially when she began living as openly gay in April 2015. What is a reasonable period for filing after a changed circumstance is a fact-specific inquiry: IJs should make specific “findings of fact with respect to the particular circumstances involved in the delay of the respondents’ applications” to determine the reasonableness of the delay. Matter of T-M-H- & S-W-C-, 25 I. & N. Dec. 193, 195–96 (B.I.A. 2010). … Perez Nagahama has raised a reviewable question of law that the agency failed to apply the proper standard because it did not consider her specific circumstances before concluding that her delay was unreasonable. … The agency did not conduct the required factfinding and analysis. … Here, the IJ did not make findings of facts regarding the reasonableness of the delay in light of the attendant circumstances. The BIA should have remanded to the IJ to consider whether the delay was reasonable. … Instead, the BIA made its own factual determinations that Perez Nagahama beginning to live as openly gay did not make her delay reasonable and that the other facts she pointed to were not related to this underlying changed circumstance. Compounding this issue, the BIA gave no reasoning for its conclusion that the relevant circumstance made her delay unreasonable.”

[Hats off to Genet Getachew!]

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Clearly, the BIA’s performance in this and other recent CA remands is far below even the “good enough for government work” mantra that prevails at Garland’s dysfunctional EOIR! Why does Garland think “NOT good enough for government work” is “good  enough for due process for ‘persons’ who happen to be foreign nationals” with the their lives at stake in his “smashed to smithereens” piece of our “justice” system? 

The only way Garland gets to where his EOIR is today is by “Dred Scottification:” That is, intentionally treating “persons” (“humans”) in his Immigration Courts as “non –persons” under the Due Process Clause of our Constitution. If that sounds like a “Stephen Miller wet dream”🤮 (grotesque as that image undoubtedly is), it’s because that’s exactly what it is! How does a Dem Administration get away with this affront to due process, equal protection, and racial justice in America?

Kind of makes me wonder what they taught at Harvard Law (Garland’s alma mater) and other so-called “elite” law schools. I daresay that virtually all law students I have encountered in teaching immigration and refugee law for a number of years at Georgetown Law would have done better than the BIA had these cases been on my final exams. 

The BIA’s inability to fairly and competently apply basic legal standards, honestly and professionally evaluate evidence of record, give asylum applicants the “benefit of the doubt” to which they are entitled under international standards, provide positive practical expert guidance on granting relief, eliminate “asylum free zones,” promote uniform outcomes, and develop and enforce “best judicial practices” is a major factor in the incredible two million case backlog that Garland has built in Immigration Court! His failure to take corrective action by replacing the BIA with competent, expert, unbiased appellate judges is a major breach of both ethical standards and his oath of office! How does he get away with it?

Thousands of asylum applicants at our border are being illegally returned to danger! Individuals with valid claims to be in the United States are routinely being denied relief for specious reasons and clear misapplications of basic legal standards in his “courts” —  powerful indicators of systemic bias that should have been forcefully addressed by Garland on “day one” of his tenure at EOIR, as experts recommended.

Garland’s victims’ lives are irrevocably ruined or even ended! Misery is inflicted on their family, loved ones, and American communities! Dedicated lawyers working overtime to save lives are mistreated by Garland’s courts and traumatized by sharing the horrible consequences to their clients of systemic inferior judging! America is denied legal immigrants we need! 

Our Federal justice system is overwhelmed with wasteful and never-ending litigation of immigration cases that should have been timely granted in the first instance and bad policies that never should have seen the light of day. In this respect, note that the IJ actually got it right in Omorodion! Then, in attempting to accommodate DHS and achieve an illegal removal, the BIA completely botched it on appeal! Even where justice prevails at the “retail” level, the BIA screws it up!

Yet Garland just shows up for work and draws his paycheck as if this were the way “justice” is supposed to work in America and fixing it is “below his pay level!” Gimmie a break!

Meanwhile, back at the ranch, many congrats and much appreciation to NDPA stalwarts Tom Moseley and Genet Getachew!

I am particularly honored to recognize the litigation greatness of my long-time friend, former INS colleague, and NDPA litigation icon 👍🏼🗽 Tom Moseley. He honed his complex litigation skills as an INS Special Assistant U.S. Attorney for the Southern District of NY during my tenure as Deputy General Counsel and Acting General Counsel at the “Legacy INS.” 

Since leaving INS decades ago, Tom has been a tower of “practical impact litigation” and “Life-Saving 101” in New Jersey and beyond. Thanks for all you do, my friend!

🇺🇸 Due Process Forever!

PWS

12-01-22

Related posts:

  1. ⚖️🗽🧑🏽‍⚖️”MEDLEY OF INJUSTICE” — CIRCUITS CONTINUE TO LOWER HAMMER 🔨 ON BIA: Anti-Asylum Misogyny; Illegal & Incredibly Stupid “Policies;” “Perplexing” Lack Of Legal Knowledge Highlighted In Latest Batch Of Reversals! — “Attempted rape by a gang of men, in broad daylight on a public street, is especially terrorizing because it powerfully demonstrates the perpetrator’s domination, control over the victim and imperviousness to the law. Requiring evidence of additional harms both minimizes the gravity of the sexual assault and demeans the victim.”
  2. ⚖️🗽🧑🏽‍⚖️COURTS OF APPEALS CONTINUE TO THROW ROTTEN TOMATOES 🍅 @ BIA’S ANTI-ASYLUM BIAS — Basic Analytical, Legal Errors Continue From Weaponized, Non-Expert “Star Chamber” ☠️ Posing As ”Tribunal!” — Judge Garland Must Fix This Inexcusable, Unnecessary, Systemic Failure Now! — Justice For Persons Of Color & Migrants Can’t “Wait For Godot!”
  3. ⚖️🗽🧑🏽‍⚖️CAMILLE J.  MACKLER @ JUST SECURITY “GETS IT!” — How Come Judge Garland & The Biden Administration Don’t? — “If we want to re-build a better, stronger immigration system, we need to start with immigration courts.” — Get Involved! Get Angry! Say No To Institutionalized Racism, Misogyny, & Dehumanization (“Dred Scottification”) @ EOIR! Force Judge Garland To Pay Attention! Demand Change, Now!
  4. 🆘🤮IS 11TH CIR. GROWING WEARY OF GARLAND’S SCOFFLAW BIA? —Two Trips To The Circuit, & The BIA Still Violates Own Regulations, Ignores Precedent, Spouts Gibberish While OIL’s Defense Of This Nonsense & Malfeasance By EOIR Raises Serious Ethical Questions! — THAMOTAR v. U.S. ATT’Y GEN. — Garland’s Dysfunctional & Systematically Unjust Courts Undermine OUR Democracy☠️ — Demand An IMMEDIATE End To The Scofflaw Nonsense🤡 🧹 At OUR Justice Department! 🏴‍☠️

🤯JUST WHEN YOU THOUGHT BIDEN ADMINISTRATION IMMIGRATION POLICIES COULDN’T GET DUMBER, SURPRISE! — Administration Struggles To Cajole “Allies” Into Leading Armed Invasion Of Haiti To Save America From “Invasion” Of Black Refugees!🏴‍☠️— Naturally, US Would Remain On Sidelines While Others Do “Dirty Work!” 🤮

Dead Haitians
American poses with dead Haitian revolutionaries after being killed by US Marine machine gun fire – 10-11-1915.jpg. Past US armed invasions of Haiti to protect our interests haven’t done much to improve the lives of the Haitian people.
Public Realm

I’m a fool to do your dirty work

Oh yeah

I don’t wanna do your dirty work

No more

I’m a fool to do your dirty work

Oh yeah

— Dan, Steely, “Dirty Work” 

https://www.google.com/search?q=dirty+work+lyrics&ie=UTF-8&oe=UTF-8&hl=en-us&client=safari

NY Times: As Haiti Unravels, U.S. Officials Push to Send in an Armed Foreign Force

https://lnkd.in/eg9VM88S

 

As Haiti Unravels, U.S. Officials Push to Send in an Armed Foreign Force

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

U.S. seeks to prompt armed invasion of Haiti by OTHER countries to protect US from Haitian refugees seeking freedom and a new life! What could possibly go wrong?

Nothing shakes up brave US security officials like some unarmed Black individuals in leaky boats risking their lives to “breathe free” and to contribute to the U.S. economy in the process!

Really! There must be about “two Democrats in the world” who think this crackpot scheme is a good idea. Unfortunately, they are employed by the Biden Administration and in charge of “immigration policy!”

Sorry, Casey, but I have to keep saying it: “Can’t anyone here play this game?” Apparently not!

Casey Stengel
“Casey Stengel might understand the Biden Administration’s immigration policies. The rest of us not so much.”
PHOTO: Rudi Reit
Creative Commons

🇺🇸Due Process Forever!

PWS

11-30-22

Related posts:

  1. ☠️⚰️🏴‍☠️HAITI IS NOT “SAFE,” & THE PERVASIVE GANG VIOLENCE APPEARS TO BE POLITICALLY MOTIVATED! — “They raped women, burned homes and killed dozens of people, including children, chopping up their bodies with machetes and throwing their remains to pigs. . . . It was organized by senior Haitian officials, who provided weapons and vehicles to gang members to punish people in a poor area protesting government corruption!” — So, Why Are Biden, Harris, Mayorkas, & Garland Illegally Returning Refugees There Without Hearing Their Asylum Claims?  👎🏽🤮
  2. 😰👹👺🏴‍☠️☠️⚰️🤮“DARKNESS ON THE EDGE OF TOWN” — Nicole Narea @ Vox With A Glimpse Of Trump’s Second Term: American Apocalypse — Dark, Ugly, Hateful, Violent, Dishonest, Exclusionary, Stupid, Racist, Diminished, Yet Very White & Privileged — Are People Of Color & Their Allies Really Going To Stand By & Watch While Their Past & Our Future As A Strong, Creative, Tolerant, Diverse, Humane Nation Is Written Out Of History By A Racist GOP & Its Totally Wacko Yet Dangerously Evil Cult Leader?
  3. 🏴‍☠️☠️🤮⚰️👎🏻KAKISTOCRACY HAS CONSEQUENCES: CLIMATE MIGRATION IS ONE OF THEM! — Trump’s Stupidity & Cruelty On Immigration Climate Science, & Disease Control Promises Horrible Global Human Disaster For Future Generations — Empowering & Enabling A Moron Is Always A Very Bad Idea!  — No Idiotic Wall Or “Drill Baby Drill” Insanity Is Going To Prevent This Human Catastrophe We Are Inflicting On Those Who Follow!
  4. 🤮NO PEACE ON EARTH GOODWILL TOWARD MEN (WOMEN, OR ESPECIALLY CHILDREN) FROM REGIME OF “BAD SANTAS” 🦹🏿‍♂️🎅🏻— Illegally Separated Families Continue To Suffer Irreparable Trauma, 😰 Volunteer Groups 😇🗽⚖️ Left To Pick Up Pieces — A Reminder That Defeated Regime Has Mocked, Disparaged, & Trashed Christ’s Values & Assaulted Humanity Over Four Christmases!🏴‍☠️🤮☠️⚰️👎🏻

🇺🇸THE GIBSON REPORT — 11-29-22 — Compiled By Elizabeth Gibson, Managing Attorney, NIJC — HEADLINER: After Two Years Of Dithering & Ongoing Human Rights Abuses, Biden Administration Heading For Failure In Re-Instituting Rule Of Law For Legal Asylum Seekers @ S. Border, According To Many Experts!

Elizabeth Gibson
Elizabeth Gibson
Managing Attorney
National Immigrant Justice Center
Publisher of “The Gibson Report”

pastedGraphic.png

 

Weekly Briefing 

 

This briefing is designed as a quick-reference aggregation of developments in immigration law, practice, and policy that you can scan for anything you missed over the last week. The contents of the news, links, and events do not necessarily reflect the position of the National Immigrant Justice Center. If you have items that you would like considered for inclusion, please email them to egibson@heartlandalliance.org.

 

CONTENTS (jump to section)

  • NEWS
  • LITIGATION & AGENCY UPDATES
  • RESOURCES
  • EVENTS

 

NEWS

 

Biden administration preps for a rocky end to Trump-era immigration rule 

Politico: Experts in the immigration field say they’re expecting a stressful and chaotic transition when a court-ordered deadline to end the Trump directive is hit, one that could drive a new rush to the border and intensify GOP criticism. See also States move to keep court from lifting Trump asylum policy.

 

U.S. talking to Mexico, other countries to facilitate return of Venezuelan migrants 

Reuters: The United States is in talks with Mexico and other countries to facilitate the return of Venezuelan migrants to their homeland, a senior U.S. official said in a call with reporters on Tuesday.

 

ICE Detains More Individuals 

TRAC: The South Texas Family Residential Center in Dilley, Texas, which currently houses single adults (mostly females) has more than doubled the number of individuals it is holding since September. ICE reports this facility run by CoreCivic now has the largest average daily population of detainees (1,562) in the country

 

Homeland Security chief could face impeachment in GOP-led House if he does not resign, Kevin McCarthy warns 

CBS: McCarthy also threatened to use “the power of the purse and the power of subpoena” to investigate and derail the Biden administration’s immigration and border policies, saying Republican-led committees would hold oversight hearings near the U.S.-Mexico border.

 

LITIGATION & AGENCY UPDATES

 

CA2 CAT Remand: Lopez De Velasquez V. Garland 

LexisNexis: “Remand is required in this case because the BIA did not give consideration to all relevant evidence and principles of law, as those have been detailed by this Court’s recent decision in Scarlett v. Barr, 957 F.3d 316, 332–36 (2d Cir. 2020). … Because Mejia did not fear torture at the hands of the Guatemalan authorities, the relevant inquiry is whether government officials have acquiesced in likely third-party torture. To make this determination, the Court considers whether there is evidence that authorities knew of the torture or turned a blind eye to it, and “thereafter” breached their “responsibility to prevent” the possible torture.”

 

CA2 on CAT, Honduras: Garcia-Aranda v. Garland 

LexisNexis: “Having reviewed both the IJ’s and the BIA’s opinions, we hold that the agency did not err in finding that Garcia-Aranda failed to satisfy her burden of proof for asylum and withholding of removal, but that the agency applied incorrect standards when adjudicating Garcia-Aranda’s CAT claim.”

 

3rd Circ. Says Jargon, Other Flaws Didn’t Prejudice CAT Bid 

Law360: The Third Circuit has backed a decision denying a Dominican man’s bid for deportation relief based on his fear of being tortured, saying the procedural flaws he claimed tainted his proceedings — including the use of legal jargon and a videoconferencing glitch — did not prejudice him.

 

8th Circ. Finds Persecution Evidence Lacking In Asylum Bid 

Law360: An English-speaking Cameroonian lost her chance to stay in the U.S. after the Eighth Circuit ruled that she failed to provide enough evidence showing that military officers had attacked her for her presumed support of Anglophone separatists.

 

CA9 Appeal Waiver Remand: Phong v. Garland 

LexisNexis: “Without record evidence that Phong orally waived his right to appeal before the IJ, we decline to address his alternative arguments that any waiver was unconsidered, unintelligent, or otherwise unenforceable. Rather, we remand to the BIA to develop the record on the waiver issue and, if it deems it appropriate, to consider Phong’s remaining arguments in the first instance.”

 

No Second Bite At Bond Needed For Detainee, 9th Circ. Says 

Law360: A divided Ninth Circuit on Monday ruled that the federal government was not constitutionally required to provide a Salvadoran immigrant a second bond hearing amid his prolonged detention during removal proceedings, while also bearing the burden to show he was a flight risk or danger to the community.

 

Immigrants, DHS settle case seeking activist targeting info 

AP: The U.S. Department of Homeland Security has agreed to pay a Vermont-based immigrant advocacy organization $74,000 in legal fees to settle a lawsuit seeking information about whether advocates were being targeted by immigration agents because of their political activism.

 

USCIS Extends and Expands Fee Exemptions and Expedited Processing for Afghan Nationals 

USCIS: Today, U.S. Citizenship and Immigration Services announced it is extending and expanding previously announced filing fee exemptions and expedited application processing for certain Afghan nationals.

 

RESOURCES

 

 

EVENTS

     

 

To sign up for additional NIJC newsletters, visit:  https://immigrantjustice.org/subscribe.

 

You now can change your email settings or search the archives using the Google Group. If you are receiving this briefing from a third party, you can visit the Google Group and request to be added. If you receive an error, make sure you click request access.

 

Elizabeth Gibson (Pronouns: she/her/ella) 

Managing Attorney for Capacity Building and Mentorship

National Immigrant Justice Center

A HEARTLAND ALLIANCE Program

224 S. Michigan Ave., Suite 600, Chicago, IL 60604
T: (312) 660-1688| F: (312) 660-1688| E: egibson@heartlandalliance.org

www.immigrantjustice.org | Facebook | Twitter 

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Folks, it’s about re-instituting the law and screening system for legal asylum seekers which was in effect, in one form or another, for four decades before being illegally abrogated by the Trump Administration’s abusive use of Title 42. Outrageously, after promising to do better during the 2020 election campaign, the Biden Administration has “gone along to get along” with inflicting massive human rights violations under the Title 42 facade until finally ordered to comply with the law by U.S. District Judge Emmet G. Sullivan last month.

One of Judge Sullivan’s well-supported findings was that the scofflaw actions by both Trump and Biden officials had resulted in knowingly and intentionally inflicting “dire harm” on legal asylum applicants:

Sullivan wrote that the federal officials knew the order “would likely expel migrants to locations with a ‘high probability’ of ‘persecution, torture, violent assaults, or rape’ ” — and did so anyway.

“It is unreasonable for the CDC to assume that it can ignore the consequences of any actions it chooses to take in the pursuit of fulfilling its goals,” Sullivan wrote. “It is undisputed that the impact on migrants was indeed dire.”

Contrary to the “CYA BS” coming from Biden Administration officials, making the law work at the Southern Border requires neither currently unachievable “reform” legislation nor massive additions of personnel! It does, however, require better personnel, expert training, accountability, smarter use of resources, and enlightened, dynamic, courageous, principled, expert leadership currently glaringly lacking within the Biden Administration. 

The Administration’s much ballyhooed, yet poorly conceived, ineptly and inconsistently implemented, “revised asylum regulations” have also failed to “leverage” the potential for success, thus far producing only an anemic number of “first instance” asylum grants. This is far below the rate necessary for the process significantly to take pressure off the backlogged and dysfunctional Immigration Courts, one of the stated purposes of the regulations! Meanwhile, early indications are that Garland’s ill-advised regulatory time limits on certain arbitrarily-selected asylum applications have further diluted quality and just results for EOIR asylum decisions. That, folks, is in a system where disdain for both of these essential judicial traits is already rampant!

It’s not rocket science! It was well within the capability of the Biden Administration to establish a robust, functional asylum system had it acted with urgency and competency upon taking office in 2021:

  • Better Asylum Officers at USCIS and Immigration Judges at EOIR — well-qualified asylum experts with practical experience in the asylum system who will timely recognize and grant the many valid asylum claims in the first instance;
  • Cooperative agreements with NGOs and pro bono organizations to prescreen applications in an orderly manner and represent those who can establish a “credible fear;”
  • A new and improved BIA of qualified “practical scholars” in asylum law who will establish workable precedents and best practices that honestly reflect the generous approach to asylum required (but never carried out in practice or spirit) by the Supremes in Cardoza-Fonseca and the BIA itself in its long-ignored and consistently misapplied precedent in Mogharrabi;
  • An orderly refugee resettlement program administered under the auspices of the Feds for those granted asylum and for those whose claims can’t be expeditiously granted at the border and who therefore must present them in Immigration Court at some location away from the border.

The Biden Administration has nobody to blame but themselves for their massive legal, moral, and practical failures on the Southern Border! With House GOP nativist/restrictionists “sharpening their knives,” Mayorkas, Garland, Rice, and other Biden officials who have failed to restore the legal asylum system shouldn’t expect long-ignored and “affirmatively dissed” human rights experts and advocates to bail them out!

The massive abrogations of human rights, due process, the rule of law, common sense, and human decency that the GOP espouses — so-called enforcement and ineffective “deterrence” only approach — will NOT resolve the humanitarian issues with ongoing, often inevitable, refugee flows! 

But, the Biden Administration’s inept approach to human rights has played right into the hands of these GOP White Nationalist politicos. That’s an inconceivable human tragedy for our nation and for the many legal refugees we turn away without due process or fair consideration of their life-threatening plight! These are refugees — legal immigrants — who should be allowed to enter legally and help our economy and our nation with their presence.

If we want refugees to apply “away from the border,” we must establish robust, timely, realistic refugee programs at or near places like Haiti, Venezuela, and the Northern Triangle that are sending us refugees. In the Refugee Act of 1980, Congress actually gave the President extraordinary discretionary authority to establish refugee processing directly in the countries the refugees are fleeing. This was a significant expansion of the UN refugee definition which requires a refugee to be “outside” his or her country of nationality. Yet, no less than the Trump and Obama Administrations before, President Biden has failed to “leverage” this powerful potential tool for establishing orderly refugee processing beyond our borders!

Meanwhile, down on the actual border, a place that Biden, Harris, Mayorkas, Garland, Rice, and other “high level architects of failed asylum policies” seldom, if ever, deign to visit, life, such as it is, goes on with the usual abuses heaped on asylum seekers patiently waiting to be fairly processed. 

A rational observer might have thought that the Biden Administration would use the precious time before Dec. 22, 2022, reluctantly “gifted” to them by Judge Sullivan, to pre-screen potential asylum seekers already at ports of entry on the Mexican side. Those with credible fear and strong claims could be identified for orderly entries when legal ports of entry (finally) re-open on Dec. 22. Or, better yet, they could be “paroled” into the U.S. now and expeditiously granted asylum by Asylum Officers.

This would reduce the immediate pressure on the ports, eliminate unnecessary trips to backlogged Immigration Courts, and expedite these refugees’ legal status, work authorization, and transition to life in the U.S.

I have no idea what the Biden Administration has done with the time since Judge Sullivan “gifted” them a stay. The only noticeable actions have been more BS excuses, blame-shifting, and lowering expectations. 

But, in reality, by their indolent approach to humanitarian issues and the law, in the interim the Administration has consciously left the fate of long-suffering and already “direly-harmed” legal asylum seekers to the Mexican Government. According to a recent NBC News report, the Mexican Government forcibly “rousted” many awaiting processing at a squalid camp near the border and “orbited them’ to “who knows where.” https://www.nbcnews.com/now/video/mexican-authorities-evict-venezuelan-migrants-from-border-camps-155516485544

Judge Sullivan might want to take note of this in assessing how the Biden DOJ has used the “preparedness time” that he reluctantly granted them following his order.

🇺🇸 Due Process Forever!

PWS

11-29-22

Related posts:

  1. WOW, HERE’S A SURPRISE: MANY KIDS FLEEING VIOLENCE IN THE NORTHERN TRIANGLE KNOW NOTHING ABOUT BIDEN BORDER POLICIES — They Are Just Trying To Save Their Lives!
  2. ☠️🤯🤮🚫 AFTER WINNING YEARS-LONG BATTLE TO STOP ILLEGAL REFUGEE REMOVALS BY TRUMP & BIDEN, WEARY HUMAN RIGHTS ADVOCATES FACE DAUNTING NEW CHALLENGE: Garland’s Dysfunctional Due-Process-Denying “Courts” — Key Empirical Info Lacking, But We Do Know One Important Thing: Garland’s Latest Docket “Gimmick” — Time Limits — Sharply Reduces Chances Of Success, From Probable Grant (52%) To Likely Denial! — Quality Control & Grotesque Inconsistencies Remain Unaddressed In Dem AG’s “Race To Deny” Legal Protection!🤮
  3. 🏴‍☠️☠️⚰️🆘GARLAND, MAYORKAS FAIL TO CORRECT GROSS ABUSES OF DUE PROCESS CAUSED BY MPP SYSTEM!  — Reopening All Of The Unconstitutionally Denied MPP Cases Should Be A “No Brainer” For Competent Officials & “Real” Judges! — Tell Judge Garland His Unconstitutional & Abusive Immigration Courts Can’t Wait To Be Fixed! — Lives Are Being Lost & Suffering Continues While He Diddles!
  4. ICRC: “Migration is not going to stop. If you try to prevent it or strictly regulate it, people start to pile up at the borders, which is happening in Mexico and other countries.”

⚖️ TWO MORE CAT REMANDS FROM 2D CIR. 

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

Dan Kowalski reports for LexisNexis Immigration Community:

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/ca2-on-cat-honduras-garcia-aranda-v-garland#

CA2 on CAT, Honduras: Garcia-Aranda v. Garland

Garcia-Aranda v. Garland

“Karla Iveth Garcia-Aranda petitions for review of two decisions of the Board of Immigration Appeals (“BIA”) denying asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Garcia-Aranda, a native and citizen of Honduras, testified before an Immigration Judge (“IJ”) that she and her family had been threatened, kidnapped, and beaten by members of the Mara 18 gang while a local Honduran police officer was present. Garcia-Aranda sought asylum and withholding of removal, arguing that the gang had persecuted her because she was a member of the Valerio family, which ran its own drug trafficking ring in Garcia-Aranda’s hometown. She also sought protection under CAT based on an asserted likelihood of future torture at the hands of the gang with the participation or acquiescence of the local Honduran police. Having reviewed both the IJ’s and the BIA’s opinions, we hold that the agency did not err in finding that Garcia-Aranda failed to satisfy her burden of proof for asylum and withholding of removal, but that the agency applied incorrect standards when adjudicating Garcia-Aranda’s CAT claim. Accordingly, the petition for review is DENIED IN PART and GRANTED IN PART, the decisions of the BIA are VACATED IN PART to the extent they denied Garcia-Aranda’s claim for CAT protection, and the case is REMANDED to the BIA for further proceedings consistent with this decision. … Because of these legal errors, we grant the petition as to Garcia-Aranda’s claim for protection under CAT and vacate the BIA’s decisions regarding CAT protection. See Rafiq v. Gonzales, 468 F.3d 165, 166–67 (2d Cir. 2006) (remanding a CAT claim for proper application of Khouzam). On remand, we direct the agency to consider, in light of all testimony and documentary evidence, whether Garcia-Aranda will more likely than not be tortured by, or at the instigation of, or with the consent or acquiescence of, any public official (or other person) acting under color of law. As more fully described above, that means considering questions such as whether it is more likely than not that the gang will torture Garcia-Aranda, including meeting all the harm requirements for torture under section 1208.18(a), and whether it is more likely than not that local police acting under color of law will themselves participate in those likely gang actions or acquiesce in those likely gang actions. The BIA is also instructed to remand to the IJ for any additional factfinding that is necessary for the BIA to make its determination.”

[NOTE: This PFR was filed in 2018!  Hats off to Heather Axford and team!]

Heather Axford
Heather Axford
Senior Staff Attorney
Central American Legal Assistance
Brooklyn, NY

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

https://www.ca2.uscourts.gov/decisions/isysquery/460814d0-f0ab-44e7-aa08-3e5c9842322a/3/doc/19-228_so.pdf

Lopez De Velasquez v. Garland

“Petition for review of a December 26, 2018 decision of the Board of Immigration Appeals (“BIA”) vacating a July 27, 2017 decision of an Immigration Judge (“IJ”) granting Petitioners’ application for asylum and protection under the Convention Against Torture (“CAT”). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the petition for review is GRANTED in part and DENIED in part. Accordingly, the decision of the BIA is VACATED in part, and the case is REMANDED for proceedings consistent with this summary order. … Remand is required in this case because the BIA did not give consideration to all relevant evidence and principles of law, as those have been detailed by this Court’s recent decision in Scarlett v. Barr, 957 F.3d 316, 332–36 (2d Cir. 2020). … Because Mejia did not fear torture at the hands of the Guatemalan authorities, the relevant inquiry is whether government officials have acquiesced in likely third-party torture. To make this determination, the Court considers whether there is evidence that authorities knew of the torture or turned a blind eye to it, and “thereafter” breached their “responsibility to prevent” the possible torture. Scarlett, 957 F.3d at 334 (quoting Khouzam v. Ashcroft, 361 F.3d 161, 171 (2d Cir. 2004)); see 8 C.F.R. § 1208.18(a)(7). … Here, record evidence raises questions as to the Guatemalan government’s inability to protect Mejia, insofar as it indicates that Mejia sought assistance from Guatemalan police and was told that they could not protect her and she should simply hide in her home. … Insofar as the BIA ruled without the benefit of Scarlett, a remand is warranted before this Court conducts any review. We therefore remand for the sole purpose of allowing the BIA to decide, after reasoned consideration of the record, whether the Guatemalan police’s inability to protect Mejia constituted acquiescence.”

[Hats off to Mike Usher!]

Mikhail Usher, Esq. Senior Partner
Mikhail Usher, Esq.
Senior Partner
The Usher Law Group PLLC
My & New Jersey
PHOTO: Usher Law Group


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

Congrats to NDPA superstars Heather and Mike!

Here’s commentary from my Round Table colleague Hon. “Sir Jeffrey” Chase on Heather’s performance on Garcia-Aranda v. Garland:

“Heather is a remarkable litigator who did a remarkable job on this case – it was a tough panel that had basically ruled out asylum from the start; it was most impressive to hear Heather persuade the judges over the course of oral arguments as to the CAT standard (during which one of the judges repeatedly referenced proposed Trump regs that had never taken effect, but were nevertheless listed on the government’s eCFR as if it had).

Best, Jeff“

And, here’s my response:

“Heather is truly an NDPA superstar. And, I’m proud that she got her start appearing at the Arlington Immigration Court!

DPF

P”

🇺🇸 Due Process Forever!

PWS

11-27-22

Related posts:

  1. LATEST FROM “SIR JEFFREY” 🛡⚔️ — “Determining Political Opinion: Problems and Solutions — Jeffrey S. Chase | Opinions/Analysis on Immigration Law”
  2. ROUND TABLE NEWS:  Getting The Due Process Message Across — 9th Cir. Orders Regime To Respond To Round Table’s Amicus Briefs in Matter of A-B- Challenges!
  3. “SIR JEFFREY” CHASE ⚔️🛡 KICKS OFF 2021: Misuse of CDC Authority🤮 Part Of The Scofflaw Regime’s White Nationalist Agenda☠️🏴‍☠️ — Why Have the Federal Courts Let Bogus Pretexts “Overrule” Truth & The Rule of Law?🤥
  4. 😎WIN ONE, LOSE ONE☹️:  9TH CIR. ANNIHILATES MATTER OF ARMENDAREZ-MENDEZ (SUA SPONTE REOPENING), WHILE 11TH  CIR. WOODENLY ENDORSES 👎🏻 MATTER OF L-E-A- (NEXUS)!☠️⚰️

🇺🇸ELECTION 2022 – PERRY BACON JR @ WASHPOST GETS IT ALMOST RIGHT — Except He Omits One Of Most Overlooked, Under-appreciated, & Over-achieving Groups In The Dem Base: Immigration/Human Rights/Racial Justice Advocates & Supporters!

 

Perry Bacon, Jr.
Perry Bacon, Jr.
Washington Post Columnist
PHOTO: WashPost

https://www.washingtonpost.com/opinions/2022/11/21/democratic-voters-won-the-midterms-strategy/

The heroes of the 2022 midterm elections were Democratic voters and activists, not the party’s leadership. Those leaders should remember that and not try to distance themselves from the party’s base as they have at times in the past two years.

Though they changed course in the final months before the election, the Biden administration and congressional Democrats spent much of 2021 and 2022 on a flawed strategy. Democratic leaders were determined to boost the party with people who didn’t vote for Joe Biden in 2020, particularly the White voters without college degrees who have shifted sharply to the GOP over the last decade. So Democrats focused largely on economic policy, such as the American Rescue Plan, the infrastructure bill and a law making it easier to manufacture microchips in the United States. They intentionally highlighted how these provisions would help people without college degrees and people in rural areas.

They at times sidelined other issues, such as voting rights, that might not be the priorities of White voters without college degrees. In July, a top White House official, communications director Kate Bedingfield, bashed party activists who complained that the administration wasn’t responding aggressively enough to the U.S. Supreme Court’s Dobbs v. Jackson Women’s Health Organization ruling eliminating the right to an abortion. And Democrats moved to the right on some issues, most notably policing. There were constant efforts to court moderate GOP voters and lawmakers and sideline prominent left-wing figures.

. . . .

The Democrats didn’t do well in this year’s elections by flipping lots of voters in places that voted Republican in 2020, such as Florida and Ohio. What they did was maintain strength in the congressional districts and states that they won two years ago and four years ago. The party’s base prevented the bottom from falling out.

Party officials are rushing to give credit — to one another. And some of the party’s leaders do deserve praise. Candidates such as Gov. Gretchen Whitmer of Michigan, who easily won reelection, and Pennsylvania Gov.-elect Josh Shapiro early in their campaigns highlighted abortion and democracy, in addition to the economy. Biden rightly ignored some in the party who argued he should not talk about democracy issues in the final days of the campaign.

But in elections, the voters are the actors, the deciders. And this year, millions of Democratic-leaning voters turned out and stuck with the party, looking past sky-high inflation and a leadership team that spent much of its time courting people who would never vote for Democrats while ignoring key priorities of people who always vote for the Democrats.

These voters should be commended and celebrated.

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

Read the complete op-ed at the link.

Perry my friend, let’s go back just a bit in time and think about the “original targets” of Trump’s MAGA GOP “platform” of hate, lies, false narratives, and virulent anti- democracy insurrection masquerading as “patriotism!” 

Who’s been out there fighting for truth, justice, and equality before the law since “Day 1” of the MAGA hate movement? Who led the resistance at airports when the first manifestations of the Trump regime’s neo-Nazism in action began just shortly after his inauguration? Who took the legal fight to preserve American democracy all the way to the Supremes before a right-leaning majority still wedded to Dred Scott and the Chinese Exclusion cases tilted in favor of tyranny? A tilt, I might add that has progressively gotten worse over time and has spawned millions of human rights abuses, enabled torture, and actually helped kill some of the vulnerable humans we were sworn to protect?

Historically, migrants of all types, voluntary or involuntary, have constituted the “other” in America — targeted, disadvantaged at law,  and exploited by their fellow Americans even while being the essential ingredient that has built our nation. 

It’s rather odd, considering that 98% of us were “the other” at some point in history. I suppose a reckoning with that “inconvenient truth” is one of a number of reasons why the  MAGA GOP works so hard to “whitewash” American history. 

So, it’s worth thinking about why a talented group, their expertise, and their “learned wisdom” — and the better America for all that they represent and fight for — becomes so expendable and ignored by Dems between election cycles. Also worth reflecting on where American democracy, tenuous as it might be today, would be without them.

If the Biden Administration had honored and “leveraged” the immigration experts who helped elect it in 2016 and preserve it in 2022, we might well have order at the border, many more legal workers, lower inflation, decreasing backlogs, focused immigration enforcement that preserves national security, courts that model equal justice and due process and help develop the Article III Judiciary of the future, creative ideas for helping the economy of rural America, smarter use of taxpayer dollars, the list goes on. Success in these areas might even have enabled Dems to hold onto the House or given them a bigger margin in the Senate.

🇺🇸 Due Process Forever!

PWS

11-28-22

Related posts:

  1. 👹🎃HALLOWEEN HORROR 🏴‍☠️☠️🤮⚰️👎🏻REICHSREPORT: GRUPPENFUHRER MILLER REVEALS “REICHSPLAN” FOR EXTERMINATION OF IMMIGRATION, ASYLUM, REFUGE BY EXECUTIVE DECREE!  — “The Final Solution??”  — Parents, Protect Your Kids, Families, & Your Country From This Grotesque Un-American Monster!
  2. 😰👹👺🏴‍☠️☠️⚰️🤮“DARKNESS ON THE EDGE OF TOWN” — Nicole Narea @ Vox With A Glimpse Of Trump’s Second Term: American Apocalypse — Dark, Ugly, Hateful, Violent, Dishonest, Exclusionary, Stupid, Racist, Diminished, Yet Very White & Privileged — Are People Of Color & Their Allies Really Going To Stand By & Watch While Their Past & Our Future As A Strong, Creative, Tolerant, Diverse, Humane Nation Is Written Out Of History By A Racist GOP & Its Totally Wacko Yet Dangerously Evil Cult Leader?
  3. PURE BS 💩 — TRUMP’S “BIG LIE” ABOUT MIGRANT APPEARANCES FOR HEARINGS BOGUS AS $3 BILL 🤮👎🏻— Replacing DHS/EOIR With Rational, Qualified, Fact-Based Governance & Real Judiciary Could Bring Appearance Rate Close To 100%!  — Two Items From ImmigrationProf Blog!
  4. CRIME BLOTTER: CHILD ABUSE🤮☠️⚰️🦹🏿‍♀️: DOJ IG REPORT CONFIRMS WHAT COURTSIDE & OTHERS KNEW FROM THE START: Trump, Sessions, Miller, Rosenstein, Hamilton Are Cowards🐓, Lying 🤥 Criminals, Child Abusers🦹🏿‍♀️, Who Belong Behind Bars For Intentionally Abusing Asylum Seeking Families & Kids & Then Having Their Sleazy DOJ Lawyers Lie To Federal Judges! — What Happened To “Due Diligence” As An Ethical Requirement For Government Lawyers?

⚖️THE GIBSON REPORT — 11-21-22 — CompiledBy Elizabeth Gibson, Managing Attorney, NIJC — HEADLINERS: Garland’s Tardy Rebuke Of Sessions’s 2018 Wrong Precedent Limiting IJ Termination Authority Likely Too Little, Too Late To Save EOIR — As GOP House White Nationalist Absurdists Abandon Economy, Inflation To Push For More Crimes Against Humanity Directed At Black and Brown Folks @ S. Border, Administration’s Failure To Respect Human Rights, Restore Legal Asylum System, Leverage Refugee Processing Leaves Dems With “No Defense!”

Elizabeth Gibson
Elizabeth Gibson
Managing Attorney
National Immigrant Justice Center
Publisher of “The Gibson Report”

pastedGraphic.png

 

Weekly Briefing

 

This briefing is designed as a quick-reference aggregation of developments in immigration law, practice, and policy that you can scan for anything you missed over the last week. The contents of the news, links, and events do not necessarily reflect the position of the National Immigrant Justice Center. If you have items that you would like considered for inclusion, please email them to egibson@heartlandalliance.org.

 

CONTENTS (jump to section)

  • ◦NEWS
  • ◦LITIGATION & AGENCY UPDATES
  • ◦RESOURCES
  • ◦EVENTS

 

PRACTICAL UPDATES

 

USCIS: Recommendations for Paper Filings to Avoid Scanning Delays

 

NEWS

 

Biden Is Still Separating Immigrant Kids From Their Families

Texas Observer: But as the case of Felipe shows, immigration officials have continued to separate parents and children in violation of the policy. From the start of the new administration to August 2022—the latest month for which data has been published—U.S. authorities have reported at least 372 cases of family separation.

 

Judge orders end to Trump-era asylum restrictions at border

AP: Within hours, the Justice Department asked the judge to let the order take effect Dec. 21, giving it five weeks to prepare. Plaintiffs including the American Civil Liberties Union didn’t oppose the delay.

 

Democrats confront bleak odds for immigration deal before 2023

Politico: Party leaders are pushing hard for legislation aiding the undocumented population known as “Dreamers” before Republicans take the House. But GOP senators have little interest. See also House Judiciary GOP Highlights First Oversight Targets.

 

Quality vs Quantity: How Does Sitting on the Dedicated Docket Impact the Judging Process?

TRAC: The outcome for asylum seekers has long been influenced by the identity of the immigration judge assigned to hear their case. This continues to be true as documented by TRAC’s just released judge-by-judge report series, now updated through FY 2022. In Arlington, Virginia, judge denial rates ranged from 15 percent to 95 percent. In Boston, judge denial rates varied from 17 percent to 93.5 percent. In Chicago, they ranged from 16 percent to 90 percent, while in San Francisco one judge denied just 1 percent of the cases while another denied 95 percent.

 

ICE lifted its ban on family visits, but relatives still struggle to see loved ones

NPR: Individuals held in immigration detention were barred from visits with relatives and friends for more than two years during the pandemic — far longer than federal prisons. In May, ICE lifted the ban, but immigrant advocates and people in detention centers argue that social visits have not been fully nor consistently reinstated.

 

Second immigrant bus arrives in Philadelphia from Texas, sent by Gov. Greg Abbott

Philly Inquirer: A second bus carrying immigrants from Texas arrived in Philadelphia Monday morning, a twice-in-six-days sequel that propelled the city to offer fresh welcome to more weary, uncertain travelers from the border.

 

Cubans, Nicaraguans drive illegal border crossings higher

AP: Fewer Venezuelans came after the the Biden administration introduced new asylum restrictions on Oct. 12, but increasing arrivals from other countries more than offset that decline, according to figures released late Monday. See also Mexico steps up immigration controls in south; Cuba, U.S. to hold second round of migration talks in Havana.

 

Senate: Migrants subject to unnecessary medical procedures

AP: U.S. immigration authorities didn’t do enough to adequately vet or monitor a gynecologist in rural Georgia who performed unnecessary medical procedures on detained migrant women without their consent, according to results of a Senate investigation released Tuesday.

 

The Public Has Never Seen The U.S. Government Force-Feed Someone — Until Now

Intercept: According to ICE’s Performance-Based National Detention Standards, whenever there is a “calculated use of force,” staff are required to use a handheld camera to record the incident. The Intercept, with Kumar’s consent, requested the video through the Freedom of Information Act. After ICE refused to turn over the footage, The Intercept filed a lawsuit and ICE subsequently agreed to turn over the footage, but the agency redacted the faces and names of everyone who appears in it, aside from Kumar.

 

Ten years of hurt: how the Guardian reported Qatar’s World Cup working conditions

Guardian: A multi-country investigation by the Guardian finds at least 6,500 migrant workers from south Asia have died in Qatar in the 10 years since it was awarded the right to host the World Cup.

 

LITIGATION & AGENCY UPDATES

 

Matter of Coronado Acevedo, 28 I&N Dec. 648 (A.G. 2022)

AG: (1)  Matter of S-O-G- & F-D-B-, 27 I&N Dec. 462 (A.G. 2018), is overruled. (2)  Pending the outcome of the rulemaking process, immigration judges and the Board of Immigration  of  Appeals  may  consider  and,  where  appropriate,  grant  termination  or  dismissal  of  removal  proceedings  in  certain  types  of  limited  circumstances,  such  as  where  a  noncitizen  has  obtained  lawful  permanent  residence  after  being  placed  in  removal  proceedings,  where  the  pendency  of  removal  proceedings  causes  adverse  immigration consequences for a respondent who must travel abroad to obtain a visa, or where  termination  is  necessary  for  the  respondent  to  be  eligible  to  seek  immigration  relief before United States Citizenship and Immigration Services.

 

Biden Admin. Restores Immig. Courts’ Power To Nix Removals

Law360: The Biden administration on Thursday swept aside a Trump-era decision that mostly stripped immigration judges of their power to end removal proceedings, restoring immigration courts’ ability to terminate some deportation cases while it devises new policy.

 

Judge Allows Biden 5 Weeks To Wind Down Title 42

Law360: A federal judge on Wednesday granted “with great reluctance” the Biden administration’s request for a five-week stay of his previous day’s order to end expulsions of migrants under Title 42, a public health provision the Trump administration began using at the start of the pandemic.

 

Split 4th Circ. Orders Rehear Of Removal In Light Of Dimaya

Law360: A split Fourth Circuit panel ordered the U.S. Board of Immigration Appeals to reconsider a Jamaican man’s removal order, criticizing the agency’s reasons for rejecting his claims that he diligently sought reversal of his order following a Supreme Court ruling.

 

NY IJ Asylum Victory; Guatemala; Feminist Political Opinion

LexisNexis: Michael Shannon writes: “I wanted to share a very good written decision from IJ Barbara Nelson, who granted asylum to my client based on her actual and imputed feminist political opinion under Hernandez-Chacon v. Barr.”

 

Feds Get OK For Psych Exams Of Migrant Parents

Law360: The federal government got the green light from an Arizona federal judge to conduct psychological examinations of asylum-seeking parents suing for damages for the alleged emotional trauma from being separated from their children at the southwestern U.S. border.

 

AILA and Partners Send Letter to USCIS, EOIR, and OPLA on Biometrics Appointments

AILA: AILA and partners sent a letter to USCIS, EOIR, and OPLA addressing the unnecessary hurdles non-detained people in removal proceedings face in securing a biometrics appointment prior to their merits hearing.

 

USCIS Notice of Continuation of TPS Documentation for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal

AILA: USCIS notice of the automatic extension of the validity of TPS-related documentation for beneficiaries under the TPS designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal set to expire on 12/31/22, through 6/30/24. (87 FR 68717, 11/16/22)

 

RESOURCES

 

 

EVENTS

 

 

To sign up for additional NIJC newsletters, visit:  https://immigrantjustice.org/subscribe.

 

You now can change your email settings or search the archives using the Google Group. If you are receiving this briefing from a third party, you can visit the Google Group and request to be added. If you receive an error, make sure you click request access.

 

Elizabeth Gibson (Pronouns: she/her/ella)

Managing Attorney for Capacity Building and Mentorship

National Immigrant Justice Center

A HEARTLAND ALLIANCE Program

224 S. Michigan Ave., Suite 600, Chicago, IL 60604
T: (312) 660-1688| F: (312) 660-1688| E: egibson@heartlandalliance.org

www.immigrantjustice.org | Facebook | Twitter

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

Miller Lite
After two years of “drinking the koolaid,” the party might be over for Mayorkas & Garland, as McCarthy & his insurrectionist/White Nationalist zanies “move in for the kill.”

Two years of ineptness, failure to clean house at DOJ and DHS, unkept promises to advocates, lack of guts to quickly reverse Trump’s massive scofflaw program of racist-inspired human rights abuses, arrogant “tuning out” of experts, lack of engagement and presence at the border have been largely ignored by Dems in both Houses. Indeed, other than a hearing on the Article 1 bill before Chair Lofgren (at which Garland was not required to appear and explain his due-process-denying mess and abject failure to reform EOIR), Dems failure to conduct meaningful oversight of the Administration’s mishandling of refugee programs, asylum, detention, asylum seeker resettlement, and Immigration Courts will be “coming home to roost” as insurrectionist, racists from the House GOP take aim at “snuffing” humanity and abolishing the rule of law! 

Two years of inept, immoral, “Miller Litism” from the Administration leaves Dems with no defense and no supporters of their actions. Nativist restrictionists wanted “100% kill” @ border! Experts wanted a return to the rule of law, orderly processing, and due process. The Biden Administration delivered neither!

We tried to tell them, but they wouldn’t listen! No,  McCarthy and his insurrectionist White Nationalist zany-haters have the floor. Just have to hope that historians are fully documenting the lies and Neo-Nazi views that these GOP hacks will be promoting — to help future generations understand how America “went off the rails” in the 21st century! Understandably, the GOP would rather focus on Biden’s failed immigration policies than on the rampant gun violence, hate crimes, child abuse, forced births, and dumbing down of America at the heart of their vile agenda!

🇺🇸Due Process Forever! The GOP’s “New McCarthyism,” Never!

PWS

11-23-22

Related posts:

  1. 👍🏼⚖️🗽MAJORITY OF ASYLUM SEEKERS WIN THEIR CASES, EVEN IN A BROKEN & BIASED  SYSTEM INTENTIONALLY STACKED AGAINST THEM — But, Only, If They Can Get To A “Merits Adjudication!” — Nativist Lies, Myths, Driving USG Policies Exposed! — Why USCIS & EOIR Self-Created Backlogs Primarily Shaft Those Deserving Legal Protection Of Some Type!
  2. THE GIBSON REPORT— 01-02-22 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Garland’s Aimless Docket Reshuffling (“ADR”) Squeezes Refugees On Both Ends Of His Ludicrous Backlog, As Those Patiently Waiting Given Court Dates Nearly A Decade In The Future, While Recent Arrivals Mindlessly Rocketed To The “Front Of The Line” Struggle To Find Lawyers & Prepare Cases — Plus Other New Year News From The Dystopian World Of U.S. Immigration!
  3. ⚖️🗽🧑🏽‍⚖️”MEDLEY OF INJUSTICE” — CIRCUITS CONTINUE TO LOWER HAMMER 🔨 ON BIA: Anti-Asylum Misogyny; Illegal & Incredibly Stupid “Policies;” “Perplexing” Lack Of Legal Knowledge Highlighted In Latest Batch Of Reversals! — “Attempted rape by a gang of men, in broad daylight on a public street, is especially terrorizing because it powerfully demonstrates the perpetrator’s domination, control over the victim and imperviousness to the law. Requiring evidence of additional harms both minimizes the gravity of the sexual assault and demeans the victim.”
  4. WOW, HERE’S A SURPRISE: MANY KIDS FLEEING VIOLENCE IN THE NORTHERN TRIANGLE KNOW NOTHING ABOUT BIDEN BORDER POLICIES — They Are Just Trying To Save Their Lives!

🇺🇸🦸🏻‍♀️⚖️🗽👩🏻‍⚖️ PROFILE IN GREATNESS! — Kathleen Guthrie Woods Sits Down With One Of America’s Most Consequential Jurists, NDPA Hall-of-Famer 🥇 Judge (Ret.) Dana Leigh Marks On Leading & Inspiring From the Gritty Trenches Of American Justice & Her Exciting New Role As “NanaDana!” 🥰

Kathleen Guthrie Woods
Kathleen Guthrie Woods
American Journalist & Writer
San Francisco, CA
PHOTO: Goodreads
Hon. Diana Leigh Marks
Hon. Dana Leigh (“NanaDana”) Marks
U.S. Immigration Judge (Ret.)
San Francisco Immigration Court
Past President, National Association of Immigration Judges; “Founding Mother of U.S. Asylum Law”

https://www.sfbar.org/sfam/q3-2022-unpacking-the-legacy-of-judge-dana-leigh-marks/

By the time she retired from San Francisco’s Immigration Court on December 31, 2021, Judge Dana Leigh Marks* had built an inspiring reputation as a leader, mentor, and advocate. She is known for her fierce advocacy for the court. She is known for her compassion and fairmindedness. She is known for her intelligence and wit, having coined oft-repeated, appropriate zingers that help people better understand the challenges of immigration court, including “Immigration judges do death penalty cases in a traffic court setting” and “Immigration is more complicated than tax law. How do I know this? Because there is no TurboTax for immigration law.”

Talking with her former colleagues—many of whom are now also her friends—is an uplifting experience. They speak of a woman who broke through barriers, applied the law fairly and compassionately, fought hard fights, and inspired others to join her. “She’s the GOAT of immigration judges!” declares Francisco Ugarte, Manager of the Immigration Defense Unit of San Francisco’s Public Defender’s Office.

Who is Judge Marks, and how did she positively influence and impact so many lives?

. . . .

Judge Marks also thrived in this arena because she saw beyond the expectation that her role was solely to facilitate deportations; she saw the humanity inherent in the proceedings. “Every story is individual,” she says, and every person deserves to be heard.

. . . .

“She showed us all how to be fierce advocates for justice—for what is true and right and just—without crossing over lines,” says Judge King. Jamil adds Judge Marks’s “tireless” work for the union and “giving a professional, female voice to immigration judges” to her list of accomplishments. “When she started, she was one of few women. After her, all these really amazing women came to the bench,” says Shugall, women Judge Marks mentored and encouraged to apply for the bench. That roster includes Judges Jamil, King, Miriam Hayward, Stockton, Webber, and Laura Ramirez. “She helped start that trajectory,” says Shugall.

“She helped create an inspiring model for how courts can be,” says Ugarte, and Judge Webber states, simply, “She inspires people all the time.”

“While she has had some limelight in her career, the vast majority of her work has been thankless,” says Judge King. “She perseveres solely because she believes it is important to make a difference wherever you can.”

*Today Judge Marks is known as “NanaDana,” a title that celebrates her role as caretaker for her granddaughter and helps people correctly pronounce her name (“dan-uh,” not “day-nuh”).

Kathleen Guthrie Woods is a long-time contributor to San Francisco Attorney magazine. She first interviewed Judge Marks, then-president of NAIJ, for “Understanding the Crisis in Our Immigration Courts” (Spring 2015).

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

Every judge, lawyer, and law student in America, and particularly AG Garland and his lieutenants, should read Kathleen’s interview with Judge Marks (full version at link) about what “American judging” should, and could, be — all the way up to the Supremes! 

Dana, my friend and colleague, your inspiring career is yet more evidence of the “then-available” talent who could have led long-overdue change at EOIR and the BIA. Like you, much of that talent has moved on to our Round Table, and we’re stuck with the dysfunctional mess at EOIR. But, others are arising in your image to fight for justice, sanity, and humanity from “the retail level on up” in our Federal Courts.

I will always think of you as the “Founding Mother of US Asylum Law” because of your stellar advocacy in Cardoza-Fonseca and your unending, unapologetic, and highly vocal commitment to due process, independent thinking, and judicial excellence. 

As you probably remember, I was in Court for your OA in Cardoza-Fonseca, sitting at the SG’s table as you won the day for your client. My “client,” INS, “lost” that day. But, American justice, due process, and human rights won!

As it was for you and those many you inspired, “realizing the promise of Cardoza-Fonseca” became the “guiding light” of my subsequent judicial career at EOIR, on both the appellate and trial benches. Despite the more than quarter-century since Cardoza, the battle to make judges at all levels actually follow its dictates, and perhaps more importantly, its generous humanitarian spirit, is far from won!

Congrats on your new position as “NanaDana.” 😎 I always look forward to working with you and our amazing Round Table colleagues to give due process and fundamental fairness an unyielding voice before courts throughout America, and to continue the unending fight for best judicial practices in a life-determining system that has “lost its way” as millions needlessly suffer!”

We “Knightesses and Knights of our Round Table” 🛡⚔️ will “never let the bastards grind us down!” You continue to inspire all of us in our never ending quest for justice for the most vulnerable individuals among us!

 

Knightess
“NanaDana’s” fierce fighting spirit continues to inspire our Round Table of Former Immigration Judges to new heights in the never-ending pursuit of “due process and fundamental fairness for all!” (Ironically, the latter was actually EOIR’s long-abandoned “vision!” )

 

Due Process Forever! 🗽😎⚖️👩🏻‍⚖️

Your friend & colleague, forever, ❤️

PWS

11-22-22

Related posts:

  1. 😎🗽⚖️👩‍⚖️ FLASH: JUDICIAL MAVEN HON. DANA LEIGH MARKS RETIRES, JOINS ROUND TABLE! 🛡⚔️ — “Founding Mother” Of U.S. Asylum Law Successfully Argued INS v. Cardoza-Fonseca @ Supremes, Led Immigration Judges’ Association, Spearheaded “Article I”  Movement For Judicial Independence, Saved Thousands of Lives Over Career On Bench Spanning More Than Three Decades!
  2. 🆘🤮IS 11TH CIR. GROWING WEARY OF GARLAND’S SCOFFLAW BIA? —Two Trips To The Circuit, & The BIA Still Violates Own Regulations, Ignores Precedent, Spouts Gibberish While OIL’s Defense Of This Nonsense & Malfeasance By EOIR Raises Serious Ethical Questions! — THAMOTAR v. U.S. ATT’Y GEN. — Garland’s Dysfunctional & Systematically Unjust Courts Undermine OUR Democracy☠️ — Demand An IMMEDIATE End To The Scofflaw Nonsense🤡 🧹 At OUR Justice Department! 🏴‍☠️
  3. HON. DANA LEIGH MARKS REFLECTS ON AMAZING FOUR DECADES OF SERVICE TO PUBLIC & HUMANITY!
  4. ⚖️🧑🏽‍⚖️👨🏻‍⚖️🗽COURT REFORM: GW IMMIGRATION CLINIC STUDENTS WEIGH IN ON ARTICLE I — Emphasize Critical Due Process Need To Entirely Remove AG From Decision-Making Process!

⚖️ “SIR JEFFREY” CHASE & CAMILA BUSTOS TAKE ON TOPIC OF CLIMATE REFUGEES IN LATEST “JUST SECURITY!”

Camila Bustos Clinical Supervisor in human rights practice at the University Network for Human Rights, Visiting Assistant Professor of Human Rights at Trinity College. PHOTO: Just Security

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

https://www.justsecurity.org/84092/tackling-climate-change-displacement-at-cop27/

As severe weather patterns intensify, climate change will continue to displace communities across the globe. The World Bank estimates that there could be more than 143 million people internally displaced by slow-onset disasters in Latin America, Sub-Saharan Africa, and Southeast Asia by 2050. Populations with the least capacity to respond and adapt to a changing climate are more likely to suffer from the worst impacts.

States have a responsibility to ensure that individuals displaced because of climate change impacts are treated with respect and dignity. Yet international law does not recognize climate displacement as a subject warranting special protection or status. The 1951 Refugee Convention only recognizes persecution on account of five protected grounds (nationality, race and ethnicity, political opinion, religion, or particular social group), leaving those fleeing environmental disasters under circumstances not attributable to those specified reasons without protection.

Despite the urgent need for action, governments have been slow in creating pathways to protect climate-displaced people. If anything, increasing militarized approaches to migration flows and national security rhetoric has permeated mainstream discourse on climate migration. Discussions about “economic migrants” and which groups are deserving of international protection distract from real solutions that can provide relief and uplift the dignity of individuals displaced by climate. Also concerning is the fact that authoritarian governments have leveraged the ongoing United Nations Climate Change Conference (COP27) to either greenwash their image or exclude environmental advocates from accessing the climate talks.

Although climate migration is not on its official agenda, COP27 offers an opportunity for international climate negotiators and advocates to tackle the issue in three ways: (1) promote changes in domestic legal frameworks that will protect internally displaced populations; (2) raise awareness of how existing legal protections under asylum frameworks intersect with climate change; and (3) guarantee climate finance pledges are met by mobilizing funds dedicated to adaptation and mitigation.

. . . .

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

Read Jeffrey’s and Camila’s article “at the link.” Another classic example of timely “practical scholarship” written in plain English and accessible to a wide range of readers.

It’s discouraging, but not surprisingly, that nations, including ours, wasting billions on gimmicks to AVOID their obligations under the existing, inadequate Geneva Refugee Convention and Protocol are not anxious to engage on the real effects of climate migration. But individuals facing death under sand or under water as our climate changes are NOT going to go quietly and submissively into the night. 

Nations, like ours, whose politicians think that power, cruelty, denial, and misinformation — the “head in the sand” approach — will win the future eventually must confront the realities of climate change and human migration whether they find it convenient and politically advantageous or not. On the other hand, those nations that are able to recognize both the power and inevitability of migration, and are smart enough to “go with the flow,” rather than futilely attempt to “dam it up” or divert it will eventually gain the upper hand.

🇺🇸Due Process Forever!

PWS

11-21-22

Related posts:

  1. 🏴‍☠️☠️🤮⚰️👎🏻KAKISTOCRACY HAS CONSEQUENCES: CLIMATE MIGRATION IS ONE OF THEM! — Trump’s Stupidity & Cruelty On Immigration Climate Science, & Disease Control Promises Horrible Global Human Disaster For Future Generations — Empowering & Enabling A Moron Is Always A Very Bad Idea!  — No Idiotic Wall Or “Drill Baby Drill” Insanity Is Going To Prevent This Human Catastrophe We Are Inflicting On Those Who Follow!
  2. @WASHPOST: CATHERINE RAMPELL SAYS IT WELL! — “Contrary to Trumpers’ claims, keeping our word to Afghan allies in trouble is wholly consistent with a philosophy that puts ‘America First.’ Indeed, it’s central to the entire operation.”  — Getting Beyond Bogus Racist Nativism To A Robust, Honest, Expanded Legal Immigration System That Treats Refugees & Asylees Fairly, Humanely, & Generously — As Assets, Not “Threats” — Is Putting America First!
  3. VICTORY DANCE! — ICE’S HOMAN SAYS CLIMATE OF FEAR HAS STEMMED BORDER CROSSINGS & PROVES UNRESTRAINED, ARBITRARY IMMIGRATION ENFORCEMENT WORKS! — “There’s no population that’s off the table,” he said. “If you’re in the country illegally, we’re looking for you and we’re looking to apprehend you.” — America Won’t Be Truly Safe Until The Last Cook, Gardner, Construction Worker, Nanny, Janitor, Tree Cutter, Mechanic, Handyman, Carpenter, Home Health Aide, Computer Programmer, Healthcare Worker, Lettuce Picker, Cow Milker, Landscaper, Lawnmower, Bricklayer, Roofer, Window Washer, Waiter, Sandwich Artist, Teacher, Minister, Coach, Student, Parent, Clerk, Fisherman, Farmer, Maid, Chicken Plucker, Meat Processor, Etc., Without Docs Is Removed And US Citizens Take Over All These Jobs!
  4. 😰👹👺🏴‍☠️☠️⚰️🤮“DARKNESS ON THE EDGE OF TOWN” — Nicole Narea @ Vox With A Glimpse Of Trump’s Second Term: American Apocalypse — Dark, Ugly, Hateful, Violent, Dishonest, Exclusionary, Stupid, Racist, Diminished, Yet Very White & Privileged — Are People Of Color & Their Allies Really Going To Stand By & Watch While Their Past & Our Future As A Strong, Creative, Tolerant, Diverse, Humane Nation Is Written Out Of History By A Racist GOP & Its Totally Wacko Yet Dangerously Evil Cult Leader?

🇺🇸🗽⚖️⭐️🥇♥️🦸🏻‍♀️ PATRIOT, HERO, HUMANITARIAN, DYNAMIC LEADER, ROLE MODEL: Paula Fitzgerald, Executive Director of AYUDA, “Lt. General” of the NDPA, Will Receive Georgetown University’s Prestigious John Thompson Jr. Legacy of a Dream Award, “given to a local individual who exemplifies the spirit of Dr. Martin Luther King Jr.!” — (She’s also a “Great Fiduciary!”)😎

Paula Fitzgerald
Paula Fitzgerald
Executive Director
AYUDA

 

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The John F. Kennedy Center for the Performing Arts and Georgetown University Announce 2023 “Legacy of a Dream” Awardee

featuring

Leslie Odom, Jr.

and

THE LET FREEDOM RING CHOIR,

Nolan Williams, Jr., Music Producer

 

In a musical tribute to Dr. Martin Luther King Jr.

Monday, January 16, 2023 at 6 p.m.

(WASHINGTON)—The John F. Kennedy Center for the Performing Arts and Georgetown University celebrate the legacy of Dr. Martin Luther King Jr. with a free, ticketed musical tribute, the Let Freedom Ring Celebration. The annual program, part of the Center’s Millennium Stage free daily performance series, features Leslie Odom, Jr. and the Let Freedom Ring Choir led by Music Producer Nolan Williams, Jr., on Monday, January 16, 2023 at 6 p.m. in the Kennedy Center Concert Hall.

Georgetown University will present the annual John Thompson Jr. Legacy of a Dream Award to Paula Fitzgerald, executive director of Ayuda. Since 1973, Ayuda has served more than 150,000 low-income immigrants throughout Washington DC, Maryland and Virginia. The award is given by Georgetown University to a local individual who exemplifies the spirit of Dr. Martin Luther King Jr. For more information about this year’s awardee and the Legacy of a Dream Award, please visit: https://www.georgetown.edu/mlk-initiative/

Free tickets—up to two per person—will be distributed on a first-come, first-served basis at the Hall of Nations box office, beginning at 4:30 p.m. on Monday, January 16. This performance will be close-captioned and will be live streamed on the Kennedy Center Facebook and YouTube pages, and on the website at www.kennedy-center.org.

ABOUT LESLIE ODOM, JR.

Leslie Odom, Jr. is a multifaceted, award-winning vocalist, songwriter, author, and actor. With a career that spans all performance genres, he has received recognition with Tony® and Grammy Awards® as well as Emmy® and, most recently, two Academy Award® nominations for his excellence and achievements in Broadway, television, film, and music. Odom most recently starred in and performed the songs of legendary singer Sam Cooke in the critically acclaimed Amazon film adaptation of One Night in Miami…, directed by Regina King. His portrayal of the soul icon was met with widespread praise and critical acclaim, earning him nominations for an Academy Award®, BAFTA Award, Critics’ Choice Award, Golden Globe Awards®, and Screen Actors Guild Awards, among others. King also enlisted Odom to write, compose, and perform the film’s original song, “Speak Now,” for which he was nominated for an Oscar and has since earned him a Critics’ Choice Award for Best Song as well as several other award nominations.

Odom recently starred in The Many Saints of Newark, a prequel to David Chase’s Award-winning HBO series The Sopranos that was released in theaters and on HBO Max in October 2021, and he can also be heard voicing the character of ‘Owen Tillerman’ in Season 2 of the Apple TV+ animated musical-comedy series Central Park, for which he received an Emmy® nomination for Outstanding Character Voice-Over Performance in 2020. He also hosted CBS’s “The Tony Awards Present: Broadway’s Back!” special live concert event., during which he performed various musical numbers throughout the 2-hour celebration along with David Byrne, John Legend, Audra McDonald and many others. His other upcoming projects include Rian Johnson’s highly anticipated sequel, Knives Out 2; and David Gordon Green’s new Exorcist trilogy. Additional film and television credits include the Disney+ filmed musical performance of the original Broadway production of Hamilton, the limited series Love in the Time of Corona, which he executive produced and co-starred opposite Nicolette Robinson, Harriet, Murder on the Orient Express, Only, Red Tails, and Smash.

Best known for his breakout role as the original ‘Aaron Burr’ in the smash hit Broadway musical Hamilton, Odom won the Tony Award for Best Actor in a Musical and a Grammy Award ® as a principal soloist on the original cast recording for his performance. He made his Broadway debut in RENT at the age of 17. He also starred opposite Lin-Manuel Miranda and Karen Olivo in a 2014 City Center Encores! revival of Jonathan Larson’s Tick, Tick…Boom! In December 2017, Odom returned to the New York City stage in a solo concert at Jazz at Lincoln Center. The cabaret-style performance was crafted around signature songs and music that shaped this artist’s journey, all performed with a world-class band in front of a live audience. The show was filmed for broadcast as an hour-long PBS special as part of the 17-time Emmy Award®-winning series, Live from Lincoln Center, and premiered in April 2018.

A Grammy Award®-winning recording artist, Odom’s self-titled debut album was part-funded by a successful Kickstarter campaign and released in 2014 by Borderlight Entertainment, Inc. His new label home, S-Curve, re-released an expanded version with additional material in June 2016, and the album reached #1 on the Billboard Jazz charts and charted in the Billboard Top 200. In winter 2017, Odom topped the charts once again with the re-release of his second album and first holiday album, Simply Christmas, as a deluxe edition with new arrangements and new songs. Simply Christmas hit #1 on iTunes and the Billboard Jazz charts, #4 on the Billboard Holiday chart, and #31 on the Billboard Top 200 chart. Odom released his third full-length album and first of original material, Mr, in November 2019, and the following October teamed up with nine-time Grammy-nominated and multi-platinum artist Sia to debut a new version of standout track “Cold.” His critically acclaimed second holiday album, The Christmas Album, was released in November 2020. He has performed at the White House, Super Bowl, and on hallowed stages such as Lincoln Center, Rockefeller Center, and the Macy’s Thanksgiving Day Parade.

In March 2018, Odom added the title of author to his resume with the release of his book—Failing Up: How to Take Risks, Aim Higher and Never Stop Learning. Written in the style of a commencement speech, the book brings together what Odom has learned in life so far, tapping into universal themes of starting something new, following your passions, discovering your own potential, and surrounding yourself with the right people. Failing Up is about unlocking your true potential and making your dreams come true even when it seems impossible. The book was published by Feiwel & Friends, an imprint of Macmillan Publishers.

 

ABOUT THE AWARDEE

Paula Fitzgerald, Esq. is the executive director of Ayuda, a nonprofit that provides legal, social and language services to help low-income immigrants in the Washington, DC, area navigate the immigration and justice systems, heal from trauma and overcome language isolation.

As executive director, Fitzgerald leads Ayuda’s efforts to increase the availability of direct services for more than 8,000 immigrants annually. Under her leadership, Ayuda’s programs have expanded throughout the District of Columbia, Maryland and Virginia to reach more low-income immigrants. She began her work with Ayuda as an immigration staff attorney and quickly advanced to managing attorney of Ayuda’s Virginia office. Prior to joining Ayuda in 2008, Fitzgerald served as an immigration staff attorney at Hogar Hispano of the Catholic Charities of the Diocese of Arlington and as an associate at Hunton & Williams LLP.

Her immigration legal work focused on humanitarian relief for individuals, children and families. She also has extensive experience in family-based immigration matters, consular processing, waivers and NACARA cases. Fitzgerald credits her mother, a Colombian immigrant who was a social worker at a school with a large Latin American immigrant population, and her father, who worked as a psychologist for the mentally ill at Saint Elizabeth’s Hospital, for instilling the values that led to her work.

Fitzgerald earned a certificate in Nonprofit Management from Georgetown in 2016 and a J.D. from the University of Virginia School of Law. She graduated cum laude with a B.A. in psychology from James Madison University. Paula and her family have lived in northern Virginia for more than 40 years.

 

ABOUT LET FREEDOM RING CELEBRATION

As part of Georgetown University’s MLK Initiative: Let Freedom Ring!, this event builds on the success of the first joint program in January 2003, which featured the legendary Roberta Flack and attracted more than 5,000 patrons. The second, held in August of 2003, commemorated the 40th anniversary of Dr. King’s “I Have a Dream” speech and featured actor, civil rights leader, and 2004 Kennedy Center Honoree, Ossie Davis. Past concerts have featured Jessye Norman in 2004; Aaron Neville in 2005; Yolanda Adams in 2006 and in 2016; Brian McKnight in 2007; Denyce Graves in 2008; Kennedy Center Honoree Aretha Franklin in 2009; India.Arie in 2010; Patti LaBelle in 2011; Bobby McFerrin in 2012; Smokey Robinson in 2013; Dionne Warwick in 2014; Natalie Cole in 2015; Gladys Knight in 2017; Vanessa Williams in 2018; and Audra McDonald and Brian Stokes Mitchell in 2019, and Chaka Khan in 2020.

ABOUT GEORGETOWN UNIVERSITY

Established in 1789 by Archbishop John Carroll, Georgetown is the oldest Catholic and Jesuit university in the United States. Located in Washington D.C., Doha, Qatar, and around the world, Georgetown University is a leading academic and research institution, offering a unique educational experience that prepares the next generation of global citizens to lead and make a difference in the world. For more information about Georgetown University, visit Georgetown.edu or connect with Georgetown on Facebook, Twitter, LinkedIn, or Instagram.

Georgetown’s annual MLK Initiative honors Dr. Martin Luther King Jr. through a series of academic, artistic, and extracurricular programs that examine Dr. King’s life and work and address the contemporary challenges our nation faces in order to fulfill his dream of justice and equality for all people. For more information visit: https://www.georgetown.edu/mlk-initiative/

ABOUT THE KENNEDY CENTER’S MILLENNIUM STAGE

Millennium Stage is a manifestation of the Kennedy Center’s mission and vision to welcome all to celebrate our collective cultural heritage in the most inclusive and accessible way possible. Millennium Stage offers free live community performances, streamed live Wednesday–Saturday each week and Sunday matinee film screenings in the Justice Forum.

The series aims to eliminate financial and geographical barriers to the arts and celebrate the human spirits and arts in our society, hopefully, ultimately leading to intercultural understanding. The programs are varied with artists from many different communities and mediums of performing arts so that we are showcasing the story of our country and our world.

A full list of our generous sponsors can be found online.

Discover the Kennedy Center on social media.

# # #

KENNEDY CENTER CONTACT:
Brendan Padgett
BEPadgett@kennedy-center.org

Camryn Hardy
CHardy@kennedy-center.org

GEORGETOWN UNIVERSITY CONTACT:

Georgetown University Media Relations
media@georgetown.edu
(202) 687-4328

From Paula:

“I am humbled to be selected as the 2023 Legacy of a Dream recipient. My mission has always been to make a lasting impact in the lives of others. I can think of no greater honor than being recognized alongside past recipients – fierce advocates and change-makers in our DMV community.”
— Paula Fitzgerald, Esq.

Executive Director, Ayuda

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

Congratulations Paula, my friend! 

As I have said many times, “you are totally awesome.” Your brilliance, creativity, “institutionalized kindness,” courage, integrity, work ethic, and leadership by example have built AYUDA into an ever more powerful and dynamic NGO that incorporates all that is best in the DMV area. AYUDA serves as a beacon of hope, humanity, and “grass roots support” for members of our community from around the world. 

You empower and inspire everyone around you, which is what great leadership is all about. You are also “one heck of a fundraiser and executive with a vision and the practical skills to make it happen!” And, you continue to recruit, attract, support, and nurture super-talented staff who embody and carry out AYUDA’s community values! 

I remember a function honoring the retiring chief executive of an organization I worked for in the past. That individual was highly competent, but not particularly “warm and fuzzy.” The MC, perhaps at a loss for words, turned to the honoree and said: “You were a great fiduciary!”

Being a “vet” of countless retirement ceremonies, I had expected the more traditional good natured “roast” or heartwarming personal anecdotes. At the time, I found the “fiduciary accolade” pretty weird.

Since then, however, carrying that “heightened awareness” with me, I have observed many “not so great fiduciaries.” So, Paula, I’m going to say it: “You are a great fiduciary!” 

AYUDA’s many dedicated donors can be assured that you treat each incoming dollar the way you treat each of AYUDA’s clients and staff: With great appreciation, deep respect, and a determination to unlock the full potential for the greater good.

Thanks for all you do for America and humanity, Paula! You indeed “exemplify the spirit of Dr. King!” 

FULL DISCLOSURE: I am a member of the AYUDA Advisory Council and an Adjunct Professor at Georgetown Law. I have known Paula and admired her work and values since she first appeared before me as an attorney at the “Legacy” Arlington Immigration Court almost two decades ago.

🇺🇸 Due Process Forever!

PWS

11-20-22

Related posts:

  1. WHEN ARTICLE III COURTS FAIL: U.S. “Orbits” Refugee Families To Dangerous Chaos In Guatemala Under Clearly Fraudulent “Safe Third Country” Arrangements As Feckless U.S. Courts Fail To Enforce Constitutional Due Process & U.S. Asylum Laws In Face Of Trump Regime’s Contemptuous Scofflaw Conduct!
  2. 🏴‍☠️CLOSING THE BORDER TO LEGAL ASYLUM SEEKERS IS A VIOLATION OF BOTH DOMESTIC & INTERNATIONAL LAW — It’s Neither Something To Tout (Biden Administration) Nor A Solution (GOP) (Except, Perhaps, In The “Hitlerian” Sense) — Our Inability To Solve A Humanitarian Situation By Acting Lawfully, Sensibly, & Humanely Is A Sign Of Gross National Weakness Spurred By Unwillingness To See The Human Tragedies We Are Promoting! — And The Lousy, Misleading, & Tone-Deaf Reporting By The Some Of The “Mainstream Media” Is Making It Worse! — Leon Krauze & Suzanne Gamboa With Simple Truths About Human Migration That Neither Pols Nor Nativists Want You To Hear! — PLUS BONUS COVERAGE: Friday Mini-Essay: “Degrading Ourselves As A Nation Won’t Stop Human Migration”
  3. ☠️⚰️🏴‍☠️HAITI IS NOT “SAFE,” & THE PERVASIVE GANG VIOLENCE APPEARS TO BE POLITICALLY MOTIVATED! — “They raped women, burned homes and killed dozens of people, including children, chopping up their bodies with machetes and throwing their remains to pigs. . . . It was organized by senior Haitian officials, who provided weapons and vehicles to gang members to punish people in a poor area protesting government corruption!” — So, Why Are Biden, Harris, Mayorkas, & Garland Illegally Returning Refugees There Without Hearing Their Asylum Claims?  👎🏽🤮
  4. 🤮👎🏽ULTIMATE HIPOCRACY: EVEN AS AMERICA FINALLY CELEBRATES JUNETEENTH HOLIDAY, DRED SCOTT & INSTITUTIONALIZED RACIST DEHUMANIZATION REMAIN REALITIES FOR BLACKS & OTHER MIGRANTS OF COLOR AT EOIR & DHS — Imprisonment Without Trial, Bogus Bonds, Mistreatment In The New American Gulag, Jim Crow “Courts,” No Rule Of Law,  Still Realities For Those Of Color Exercising Legal Rights In Broken System!

ALERT: Judge Sullivan “Reluctantly” Grants DHS Temporary Stay Until Dec. 22, 2022 To Reinstate Rule Of Law For Asylum Seekers!

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/judge-permanently-enjoins-cdc-border-blockade-title-42-as-of-dec-22-2022

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

Let’s look at this in perspective. Biden ran in 2020 on a platform of ending Title 42 and restoring asylum processing at the border. Almost two years later, after illegally returning hundreds of thousands of asylum seekers without any process at all, his Administration still lacks a coherent, transparent plan to implement asylum law at the border. This wasn’t “rocket science” as there had been an operating asylum system at the border for approximately four decades, since the enactment of the  Refugee Act of 1980, until Trump illegally ended it.

After more than a year of dawdling, the Administration eventually, reluctantly, set a May 23, 2022 date to “lift” the illegal Title 42 “blockade,” giving GOP nativists more than ample time to block it.

In the meantime, they squandered time, money, and goodwill thinking of ways to actually extend the illegal removals. Their “defense” of  lifting Title 42 was, predictably, half-hearted and inept. Not surprisingly, they were enjoined by nativist right wing judges. Reportedly, many Administration officials breathed a “sigh of relief” that the GOP nativists and their “wholly owned judges” had “bailed them out” from having to actually restore the asylum system and make good on their campaign promises.

Now, another six months have gone by. Garland and Mayorkas still are “not ready for prime time.” Sounds like they thought their “regime of illegal returns” would last forever!

Casts doubt on the good faith of their claim that they wanted to end Title 42 in the first place. Almost all Administrations, once in office, get enamored of the idea that “because it’s only immigrants” they don’t have to treat them as humans. What’s another month of law violations after two years and hundreds of thousands of human rights abuses?

I have little confidence that there will be a functional, due process compliant, asylum system on Dec. 22 at the border. I’m not aware that DHS and EOIR even have the properly trained qualified personnel to correctly and efficiently apply asylum law. There is no known plan for working with the pro bono bar to insure representation and prioritize the many potentially grantable cases.

There is certainly a mind-boggling “leadership void” at both DHS and DOJ on refugee, asylum, and human rights issues. The ill-advised “gimmicks” and “corner-cutting” that Garland and Mayorkas have substituted for competence and expertise in “recently arrived” asylum cases have resulted in elevated denials, hindered representation, and alienated the pro bono bar and human rights NGOs. The latter have far more expertise in asylum law and better ideas on how to efficiently and fairly process refugees and asylees than anyone at either DHS or EOIR. Yet, the experts have intentionally been “frozen out” of the decision-making process.

Additionally, and stunningly, Garland has gone out of his way to alienate and demoralize the already stressed and overextended immigration bar with a insane dose of  “Aimless Docket Reshuffling.” Setting “D-Day” for reinstating the law, three days before the Christmas holiday, also seems highly problematic. What could possibly go wrong with a system run by politicos who have spent two years avoiding providing fair hearings to asylum seekers?

In the vacuum created by the Biden Administration’s incompetence and lack of leadership, racist GOP governors have taken control of “asylum resettlement” and conducted it in ways calculated to cause the most disruption, cruelty, and suffering for the political pawns (actually humans) that Biden has abandoned.

This does not sound like a “dressed for success” plan to restore a fair and efficient asylum system. But, after two years of adapting and using clearly illegal methods instead of competently handling human rights issues, the Biden group has gotten very used to  “programmed failure” and shifting the blame to Trump (out of office since Jan. 20, 2021), the hapless victims, and their lawyers.

I hope I’m wrong. But, I strongly suspect that it’s going to take more than Judge Sullivan’s order to end the disingenuous “Miller Lite” approach to immigration within the Biden Administration and usher in an era of expertise, competence, integrity, and courage in addressing human rights.

🇺🇸Due Process Forever!

PWS

11-18-22

 

 

Related posts:

  1. ☠️🤯🤮🚫 AFTER WINNING YEARS-LONG BATTLE TO STOP ILLEGAL REFUGEE REMOVALS BY TRUMP & BIDEN, WEARY HUMAN RIGHTS ADVOCATES FACE DAUNTING NEW CHALLENGE: Garland’s Dysfunctional Due-Process-Denying “Courts” — Key Empirical Info Lacking, But We Do Know One Important Thing: Garland’s Latest Docket “Gimmick” — Time Limits — Sharply Reduces Chances Of Success, From Probable Grant (52%) To Likely Denial! — Quality Control & Grotesque Inconsistencies Remain Unaddressed In Dem AG’s “Race To Deny” Legal Protection!🤮
  2. WOW, HERE’S A SURPRISE: MANY KIDS FLEEING VIOLENCE IN THE NORTHERN TRIANGLE KNOW NOTHING ABOUT BIDEN BORDER POLICIES — They Are Just Trying To Save Their Lives!
  3. ⚖️👎🏽🤮☠️HUMAN RIGHTS GROUPS BLAST BIDEN, HARRIS, GARLAND, MAYORKAS FOR ILLEGAL RETURNS TO COLOMBIA, CONTINUATION OF MILLER’S XENOPHOBIC, DEADLY & CORRUPT TITLE 42 ABUSES OF HUMANITY!
  4. ICRC: “Migration is not going to stop. If you try to prevent it or strictly regulate it, people start to pile up at the borders, which is happening in Mexico and other countries.”

🇺🇸 SANE, COMPASSIONATE CONSERVATIVE WHO STOOD AGAINST GOP’S EMBRACE OF TRUMPISM, HATE, LIES, GONE FAR, FAR TOO SOON — Michael Gerson (1964 – 2022)

Michael Gerson
Michael Gerson
1964 – 2022
Columnist
Washington Post

Here’s Karen Tumulty’s moving and heartfelt tribute to her colleague from today’s WashPost:

https://www.washingtonpost.com/opinions/2022/11/17/michael-gerson-faith-america-better/

One of the biblical injunctions sometimes cited by Michael Gerson, who died Thursday at the age of 58 after a long battle with cancer, comes from the New Testament book of Colossians: “Let your conversation be always full of grace, seasoned with salt, so that you may know how to answer everyone.”

That advice works not only for Christian believers such as he was, but also in the sometimes brutal political world in which he made his mark. He was a presidential speechwriter whose own words were, indeed, singularly seasoned and notably full of grace. For the past 15 years, he enriched the pages of this newspaper as a columnist for the Opinions section.

Michael Gerson from 2013: Saying goodbye to my child, the youngster

But civility, as Mike also noted, does not preclude tough-mindedness. Nor should it be mistaken for a lack of principles or perspective. His own were rooted in the faith that fueled and defined his involvement with politics, and he was scorching in his assessment of his fellow evangelicals when theirs took what he saw as a more cynical turn. In a September essay, he wrote these supposedly conservative Christians “have broadly chosen the company of Trump supporters who deny any role for character in politics and define any useful villainy as virtue. In the place of integrity, the Trump movement has elevated a warped kind of authenticity — the authenticity of unfiltered abuse, imperious ignorance, untamed egotism and reflexive bigotry.”

“This,” Mike wrote, “is inconsistent with Christianity by any orthodox measure.”

 

Mike and I were colleagues and friends whose paths crossed pretty regularly. One place we spent time together was at semiannual conferences in Florida known as the Faith Angle Forum, where people gather to discuss religion and politics.

It was during one of those meetings in 2014 that, for the first and only time, I saw Mike get angry — really angry.

 

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I was seated next to him for a session on religious conflict and the future of the Middle East, in which one of the speakers was Elliott Abrams, a fellow George W. Bush White House veteran who had served as deputy national security adviser for Middle East policy.

“It used to annoy me enormously when President Bush, for whom I was working, would say Islam is a religion of peace,” Abrams said, “because the real response to that is ‘Where is your theology degree from?’ ”

As Abrams continued along those lines — at one point claiming the “average American” was justified in thinking “this is crap … because all these people who are doing beheadings are Muslims” — I could feel Mike grow tense in the chair next to me. He waited his turn to be called upon, and then he confronted his former colleague.

“We praise Islam, and every president from now on will praise Islam on religious holidays because there are millions of peaceful citizens who hold this view,” Mike said. “It’s also a theologically sophisticated view, as opposed to what you’re arguing … every tradition, religious tradition, has forces of tribalism and violence in its history, background, of theology, and every religious tradition has resources of respect for the other.”

He added: “That is a great American tradition that we’ve done with every religious tradition that comes to the United States, included them as part of a national enterprise and praised them for their strongly held religious views and emphasized those portions that are most compatible with those ideals.”

As deep as his own Christian religious beliefs were, Mike was tolerant, accepting, even admiring of those who prayed differently. And while he was by and large a social conservative, Mike knew that not every question involving faith and truth could be resolved along the bright battle lines of the culture wars, or literally be set in scripture.

He celebrated gay pride month and argued that our scientific understanding of the genetic basis of sexual orientation has come a long way since the Apostle Paul’s time. But he also believed that religious institutions, including schools and charities, should have leeway to shape their own standards.

And Mike was open about the times in his life when he had his own doubts about what God had in mind for him. In 2019, he spoke frankly and publicly about being hospitalized for depression, delivering a powerful sermon at the National Cathedral and then a column for The Post.

A few days earlier, Mike and I had lunch. The speechwriter who had written so many words for others told me he was nervous about baring himself so publicly, and he asked if I would read a draft. He also confided that he had been living in a shadow where, at times, he wondered whether those who meant the most to him would be better off — unburdened — if he weren’t around.

In his sermon, he put it this way: “I suspect that there are people here today — and I include myself — who are stalked by sadness, or stalked by cancer, or stalked by anger. We are afraid of the mortality that is knit into our bones. We experience unearned suffering, or give unreturned love, or cry useless tears. And many of us eventually grow weary of ourselves — tired of our own sour company.”

Mike combined his lived faith with his gift for expression to offer a hand to others — showing that they are not alone in the dark. “Even when strength fails, there is perseverance,” he said in his sermon. “And even when perseverance fails, there is hope. And even when hope fails, there is love. And love never fails.”

Now, his unearned suffering has ended, and those he touched, including many who never met him in person, will so deeply miss Michael Gerson’s company. His grace was a blessing, and we need it more than ever.

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

Go the above link for pictures and a selective compendium of Mike’s writings.

Mike was a voice for what modern American conservatism could and should have been: “a conservatism of the common good that argues that we need to orient our policies towards people that might not even vote for us.”

  https://www.washingtonpost.com/obituaries/2022/11/17/michael-gerson-speechwriter-post-dies/

I enjoyed reading Mike’s thoughtful, well-expressed, views in the WashPost, even when I disagreed with him. In particular, I agreed with his call-out of “false Christians:” Evangelicals who aligned themselves with the most un-Christian President in history and his vile “secular theology” of hate, lies, racism, selfishness, cruelty, and degradation of humanity.

Mike will be missed.

PWS

11-18-22

Related posts:

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  2. COLBERT I. KING @ WASHPOST: NATION IN REGRESSION: Trump & His White Nationalist Flunkies Are An Insult To All That Rev. Martin Luther King & His Supporters, Of All Races & Religions Stood For! — From the promise of guaranteed rights to a return to the insecurity of injustice. A pluralistic America is being cynically drawn along racial lines by a president who is as far from the civility of his predecessors Truman, Eisenhower, Kennedy, Johnson, Ford, Carter, Reagan, the Bushes, Clinton and Obama as the charter of the Confederacy was from the Constitution.” — But, The New Due Process Army Continues MLK’s Legacy!
  3. BIGOTED BULLY BILLY BARR BRUTALLY BATTERS U.S. JUSTICE SYSYEM: B/T/W He Also Runs America’s Most Screwed Up, & Most Clearly Unconstitutional “Court” System Right Under The Noses of Feckless Article III Judges! — It’s Not “Justice” — Just The Open Fraud That Passes For Justice When Democratic Institutions & Moral Leadership Fails — Barr’s DOJ is a “Thugocracy,” Says Post’s Dana Milbank!
  4. 🤮NO PEACE ON EARTH GOODWILL TOWARD MEN (WOMEN, OR ESPECIALLY CHILDREN) FROM REGIME OF “BAD SANTAS” 🦹🏿‍♂️🎅🏻— Illegally Separated Families Continue To Suffer Irreparable Trauma, 😰 Volunteer Groups 😇🗽⚖️ Left To Pick Up Pieces — A Reminder That Defeated Regime Has Mocked, Disparaged, & Trashed Christ’s Values & Assaulted Humanity Over Four Christmases!🏴‍☠️🤮☠️⚰️👎🏻

☠️🤯🤮🚫 AFTER WINNING YEARS-LONG BATTLE TO STOP ILLEGAL REFUGEE REMOVALS BY TRUMP & BIDEN, WEARY HUMAN RIGHTS ADVOCATES FACE DAUNTING NEW CHALLENGE: Garland’s Dysfunctional Due-Process-Denying “Courts” — Key Empirical Info Lacking, But We Do Know One Important Thing: Garland’s Latest Docket “Gimmick” — Time Limits — Sharply Reduces Chances Of Success, From Probable Grant (52%) To Likely Denial! — Quality Control & Grotesque Inconsistencies Remain Unaddressed In Dem AG’s “Race To Deny” Legal Protection!🤮

Judge Roy Bean
“Judge” Roy Bean (1825-1903)
American Saloon Keeper & “Jurist”
Public Realm
His reputation for “rough justice” in the West would be right at home in the “Asylum Free Zones” of Garland’s EOIR. Bean “was once trying a Mexican on a charge of horse stealing and his charge was the shortest on record: Gentlemen of the Jury, there’s a greaser in the box and a hoss missing. You know your duty, and they did.”

Here’s the latest analysis of Garland’s ongoing abuse of his office from Austin Kocher, PhD, at TRAC:

https://trac.syr.edu/reports/702/

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

Alfred E. Neumann
Has Alfred E. Neumann been “reborn” as Judge Merrick Garland? “Not my friends or relatives whose lives as being destroyed by my ‘Kangaroo Courts.’ Just ‘the others’ and their immigration lawyers, so who cares, why worry about professionalism, ethics, and due process in Immigration Court?”
PHOTO: Wikipedia Commons

If someone NOT Merrick “What Me Worry” Garland (the “Alfred E. Neumann of Biden’s immigration bureaucracy”) took a look at the data, one major thing would jump out! There are likely more than 400,000 refugees entitled to asylum sitting in Garland’s 770,000 case asylum backlog (52% x 770,000). (The asylum backlog at EOIR is a “subset” of Garland’s largely self-inflicted, ever mushrooming, nearly 2 million case EOIR backlog — more judges have produced more backlog, so that’s likely NOT the answer here). 

And, this is in a system currently governed by skewed anti-asylum BIA “precedents” and a chronic “anti-asylum culture” actively encouraged and fed by the Trump Administration. In a properly staffed and functioning court system with qualified, due-process oriented, judges and an expert BIA that enforced some decisional consistency and properly and generously interpreted asylum law, a “grant rate” of 75% or more would be a plausible expectation.

Given the obvious (and I would argue intentional) lack of reliable data on how a legitimate asylum system, one consisting at all levels of judges with well-recognized expertise in asylum law and human rights, and overseen by competent, due-process-oriented judicial administrators, might function, the 75% figure is just an “educated guesstimate.” But, it matches my own personal experience over 13 years on the bench in the (now defunct) Arlington Immigration Court. 

It’s also in line with my recent conversations with the head of one of the largest NGOs in the DMV area involved in meeting busses and counseling those “orbited” from the Southern border by the racist/nativist GOP Govs that Biden, curiously, has chosen to run our domestic refugee resettlement program. This is a person who, unlike Garland, his lieutenants, and most of the other politicos and nativist blowhards participating in the “border travesty,” actually spent years of a career representing individuals in Immigration Court. They estimated that “at least 70%” of the “arriving bus riders” had very viable asylum claims. 

This is a far cry from the nativist, restrictionist myths promoted by both the Trump and Biden Administrations — obviously to cover up their gross human rights violations in knowingly and illegally returning hundreds of thousands of legal refugees to danger zones! Many human rights experts would consider such gross misconduct to be “crimes against humanity.” Consequently, it doesn’t take much imagination to see why self-interested scofflaw officials like Garland, Mayorkas, and White House advisors seek to manipulate the system to keep the asylum grant rates artificially low while eschewing proper, realistically robust use of the overseas refugee program to take the pressure off the border — by acting legally rather than illegally! 

Almost all the EOIR asylum backlog consists of “regular docket” (I use this term lightly with EOIR where “normalcy” is unknown) cases. Those are refugees who have had time to get lawyers, adequately prepare, document their cases, but are stuck in Garland’s chronically dysfunctional system. Consequently, they are “denied by delay” legal immigration status, a chance to get green cards, and to eventually qualify for citizenship. The American economy is denied an important source of legal workers who should be part of our permanent workforce and well on their way to full participation in our political system and society!  

An expert looking at this system would see a “golden opportunity” to move most of the backlogged “easily grantable” asylum cases out of the system with stipulated grants or short hearings (the kind you actually might be able to do 3-4 a day without stepping on anyone’s due-process rights or driving the private bar nuts). These cases would also avoid the BIA’s appellate backlog, as well as eliminating unnecessary workload in the U.S. Circuit Courts (which already have their own inconsistency, rubber stamp, and bias issues in the human rights/racial justice area that seem to be getting worse, not better).

Knocking 400,000+ cases off the backlog wouldn’t completely solve Garland’s 2 million case backlog problem — only a complete “house cleaning” at EOIR, replacing many of the current bureaucrats with competent leaders and expert Immigration Judges well-versed in asylum law, will do that. But, cutting EOIR’s backlog by 20% (and the asylum backlog by over 50%) without stomping on anyone’s rights, while bolstering much-needed legal immigration, and harnessing the strengths of the private/pro bono bar, is nothing to “sneeze at!” That’s particularly true in comparison with Garland’s two years of mindless “designed to fail” gimmicks and astounding mismanagement, which have produced exactly the opposite results!

How bad has Garland’s leadership been at on human rights, due process, and racial justice at DOJ. A number of seasoned asylum practitioners have told me that today’s EOIR, also suffering from a tidal wave of Garland’s  “Aimless Docket Reshuffling” — is actually significantly worse than it was under Trump! That’s right, Garland’s tone-deaf incompetence has exceeded the disorder and systemic unfairness caused by overt xenophobia, anti-asylum bias, misogyny, “dumbing down,” and enforcement-biased “weaponization” of the Sessions/Barr years. 

As for Dr. Kocher’s cogent observation that input from the Immigration Judges who actually decide these cases is a “missing ingredient,” good luck with that, my friend! Perhaps understandably in light of his unseemly failures at EOIR, Garland has taken EOIR’s traditional opaqueness and “muzzling” of Immigration Judges to new heights — even barring their participation in CLE events aimed at improving the level of practice before his courts.

Apparently, “studied incompetence” in a Democratic Administration can be even worse than the “malicious incompetence” of the Trump Kakistocracy — at least where immigrants rights/human rights/racial justice/ women’s rights are concerned at EOIR. That’s an astounding observation! One that I actually never thought I’d hear from practitioners! 

The only way for human rights and racial justice experts and advocates to “communicate” with Garland in his “ivory tower” is to ‘“sue his tail” in court! Judge Sullivan’s recent opinion finding Title 42 illegal incorporates the very facts and law used by human rights experts and advocates in years of fruitless pleading and begging Garland to “cease and desist” his support for unlawful conduct and “just follow the law.” The latter seems like a modest “no-brainer” request to a guy once nominated by an Dem President for the Supremes.  

Waiting for Merrick Garland to fix the mess at EOIR to provide even a bare minimum of due process and rational administration is like waiting for the guy pictured below. Frustrated and “Garland-weary” as they might be, human rights advocates should take it to heart and act accordingly!

Waiting for Godot
Waiting for Merrick Garland and his “clueless crew” at DOJ to fix the dysfunctional Immigration Courts will be an exercise in futility. He only pays attention when ordered by a Federal Judge, which, somewhat ironically, he used to be. But, he’s proven “beyond a reasonable doubt” that he is unqualified to run one of the most important and life-determining Federal Judiciaries — one where due process has been buried beneath an avalanche of expediency, incompetency, intellectual dishonesty, and dumb gimmicks. When will “enough be enough?”
https://creativecommons.org/licenses/by-sa/3.0

🇺🇸 Due Process Forever!

PWS

11-17-22

Related posts:

  1. PURE BS 💩 — TRUMP’S “BIG LIE” ABOUT MIGRANT APPEARANCES FOR HEARINGS BOGUS AS $3 BILL 🤮👎🏻— Replacing DHS/EOIR With Rational, Qualified, Fact-Based Governance & Real Judiciary Could Bring Appearance Rate Close To 100%!  — Two Items From ImmigrationProf Blog!
  2. 👍🏼⚖️🗽MAJORITY OF ASYLUM SEEKERS WIN THEIR CASES, EVEN IN A BROKEN & BIASED  SYSTEM INTENTIONALLY STACKED AGAINST THEM — But, Only, If They Can Get To A “Merits Adjudication!” — Nativist Lies, Myths, Driving USG Policies Exposed! — Why USCIS & EOIR Self-Created Backlogs Primarily Shaft Those Deserving Legal Protection Of Some Type!
  3. ⚖️🗽🧑🏽‍⚖️”MEDLEY OF INJUSTICE” — CIRCUITS CONTINUE TO LOWER HAMMER 🔨 ON BIA: Anti-Asylum Misogyny; Illegal & Incredibly Stupid “Policies;” “Perplexing” Lack Of Legal Knowledge Highlighted In Latest Batch Of Reversals! — “Attempted rape by a gang of men, in broad daylight on a public street, is especially terrorizing because it powerfully demonstrates the perpetrator’s domination, control over the victim and imperviousness to the law. Requiring evidence of additional harms both minimizes the gravity of the sexual assault and demeans the victim.”
  4. ICRC: “Migration is not going to stop. If you try to prevent it or strictly regulate it, people start to pile up at the borders, which is happening in Mexico and other countries.”

🇺🇸⚖️ “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

Related posts:

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  2. 🏴‍☠️🤡SLOPPINESS, POOR ANALYSIS, MISCONSTRUING RECORD, CONTEMPT FOR COURTS CONTINUE TO PLAGUE BIA’S DENIAL CULTURE!
  3. 🏴‍☠️👎🏽🤮 AIMLESS DOCKET RESHUFFLING (“ADR”) ON STEROIDS! — EOIR Dysfunction Shows What Happens When “Captive Court System” Kowtows To Political Handlers Rather Than Serving The Public! — Jason Dzubow, The Asylumist, Reports!
  4. ⚖️🤯🤮GARLAND’S OHIO JUDICIAL MELTDOWN — “High-Asylum-Denying” Immigration Judges Appointed By Barr & Sessions Remain On Garland’s Bench In Cleveland Despite Referring To Migrants As “Illegals” & “Pretty Virgins!” — EOIR Disciplinary System Remains As Opaque As Ever Under Garland!🏴‍☠️ Yulin Cheng Reports @ Columbus Dispatch!

⚖️🗽👍🏼👨🏾‍⚖️ BREAKING: US DISTRICT JUDGE EMMET G. SULLIVAN VACATES USG’S TITLE 42 ABUSE, ORDERS BIDEN ADMINISTRATION TO ENFORCE ASYLUM LAW! — Refuses Stay — Rips Knowingly Illegal & Life Threatening Actions By Corrupt Officials Of Both Administrations!  — Fraudulent Public Health “Pretext” Finally Exposed!

Hon. Emmet G. Sullivan
Hon. Emmet G. Sullivan
US District Judge
DC

https://www.washingtonpost.com/national-security/2022/11/15/border-ruling-title-42/

By Maria Sacchetti and Spencer S. Hsu

November 15, 2022 at 4:46 p.m. ET

A federal judge on Tuesday struck down a Donald Trump-era policy used by U.S. border officials to quickly expel migrants because of the covid pandemic, saying the ban had little proven benefit to public health even as it shunted migrants to dangerous places.

U.S. District Judge Emmet G. Sullivan in the District of Columbia vacated the order known as Title 42, effectively restoring asylum seekers’ access to the borders for the first time since the Trump administration issued it during the earliest days of the pandemic.

The decision — which takes effect immediately — knocks down one of the last remaining barriers to asylum from the Trump administration, advocates for immigrants said. It also poses an immediate logistical challenge for the Biden administration after two consecutive years of record apprehensions on the U.S.-Mexico border, with the possibility that the numbers could grow.

Biden officials have long worried about a mass rush to the border creating an emergency similar to the one that occurred in Del Rio, Texas, in Sept. 2021, when thousands of migrants crossed illegally and overwhelmed U.S. agents, creating a squalid camp on the banks of the Rio Grande that embarrassed the Biden administration.

Sullivan’s ruling also comes days after top border official Chris Magnus resigned under pressure after clashing with Homeland Security Secretary Alejandro Mayorkas.

The Justice Department and the Department of Homeland Security had no immediate response to the ruling.

The American Civil Liberties Union, one of the organizations that brought the lawsuit on behalf of migrants, said Sullivan’s decision to vacate the Title 42 policy means the policy ends for all migrants, including families and adults traveling without children.

“Title 42 unfortunately had a long shelf life but has finally been ended, and that will mean enormous relief to desperate asylum seekers,” said ACLU lawyer Lee Gelernt.

Sullivan also made clear that that he would not stay his order pending appeal, leaving it to a higher court to do so if the Biden administration sought more time to address the ruling. 

. . . .

Key Quote: 

Sullivan wrote that the federal officials knew the order “would likely expel migrants to locations with a ‘high probability’ of ‘persecution, torture, violent assaults, or rape’ ” — and did so anyway.

“It is unreasonable for the CDC to assume that it can ignore the consequences of any actions it chooses to take in the pursuit of fulfilling its goals,” Sullivan wrote. “It is undisputed that the impact on migrants was indeed dire.”

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

The horrific consequences for lawful asylum seekers subjected to this unlawful policy have indeed been “dire:” rape, assault, kidnapping, beating, torture, extortion, starvation, illness, sickness, death, family separation, despair, to name a few. 

By contrast, there have been NO consequences for Stephen Miller and the other Trump Administration officials who fabricated and directed this ruse on the justice system and attack on humanity and the rule of law! Nor have there been any consequences for lower level officials who “went along to get along” with what they knew or should have known to be deadly abuses of our laws. 

Additionally, Biden officials who continued to violate the law and even concocted ways of expanding its illegal and immoral use have escaped accountability and continue in their jobs. DOJ lawyers who failed to do “due diligence” and defended a policy based on pretext, misrepresentations of fact, racism, and xenophobia have also continued to operate in the “ethical twilight zone” that normally would have serious professional consequences!

Of course the whole history of the Title 42 charade ☠️🤮has been one of one step forward and three steps back. The corrupt decision-making extends to unqualified right-wing zealots with lifetime sinecures on the Federal Article III bench and to equally corrupt GOP state AG’s for their dishonest scheme to force continued illegal Title 42  expulsions. 

So, despite these “crimes against humanity,” don’t expect that “heads will roll!” Given the current sorry state of our Federal Courts and the DOJ, it’s not certain that Judge Sullivan’s order will actually have effect or that asylum seekers will ever get the fundamentally fair and humane treatment to which they are entitled.

But, I am certain that this will eventually go down in history as one of the most disgraceful intentional abrogations of law, with the most drastic consequences for humanity and our nation’s reputation, in 21st Century legal history!

It’s also worthy of note that rather than getting the asylum system properly staffed and trained, bringing in Immigration Judges with the required expertise, installing a BIA of expert judges capable of issuing correct, realistic, generous, practical asylum precedents, working cooperatively with the private bar to facilitate representation, and developing an orderly process for resettlement (away from the border) of asylum applicants who pass credible fear, Garland, Mayorkas, and a White House officials have dithered away two years of time without getting the necessary robust, fair, expert, efficient, timely asylum adjudication system up and running!

The advice and pleas of experts and advocates have been “tuned out” or ignored by those in charge! Now, as all of us predicted, the “chickens have come home to roost” for the Administration’s indifferent, incompetent, and lackadaisical  approach to the biggest racial justice and human rights crisis facing our nation.

Thanks Judge Sullivan! Thanks ACLU! Apologies to the hundreds of thousands of asylum seekers wronged by the cowardly failure of America to uphold our laws, Constitution, and international obligations — that “subset” of victims who are still alive despite our Government’s grotesque misconduct!

🇺🇸 Due Process Forever!

PWS

11-15-22

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