⚖️🗽 STEPHANIE SPIRO @ NIJC: “[O]ver the past several months there has been an onslaught of Biden administration policies designed with one goal: to rapidly deport people. These programs block people from a fair asylum process  . . . !” ☠️

Stephanie Spiro
Stephanie Spiro, Esquire
Supervising Attorney
National Immigrant Justice Center
PHOTO: NIJC

Stephanie writes in The Hill:

https://thehill.com/opinion/immigration/4241980-were-deporting-asylum-seekers-so-fast-they-cant-get-attorneys-or-justice/

For six years, I have represented adults, children and families who have fled persecution in their home countries and sought protection in the United States. My clients have traveled thousands of miles from countries including Nicaragua, Venezuela, Cameroon, Togo, Haiti, El Salvador, Honduras and Guatemala, arriving at the U.S.-Mexico border to seek asylum. They leave their homes, communities and culture because the pain and risks of fleeing pale in comparison to the dangers they will face if they stay.

I have seen the difference between the outcomes for clients who have meaningful access to legal counsel and due process, who are able to safely settle into a community as they pursue their cases, and people who are deprived of these basic human rights. But over the past several months there has been an onslaught of Biden administration policies designed with one goal: to rapidly deport people. These programs block people from a fair asylum process, and I am deeply concerned that thousands of individuals fleeing persecution will never be able to tell their stories and have a chance at safety in our country.

For the clients I have helped win asylum, the key to my representation was consistent and thorough communication. Through multiple sessions, we built a rapport, I provided them with information about their legal rights and the immigration system and they provided me with the details of their lives. These details formed the basis of their legal claims, which I assisted them in presenting to the immigration judge. The judge decided whether they could stay in the United States based on an individualized determination of their future risk of harm if deported.

When one of my clients and her six-year-old daughter completed their two-month journey from El Salvador to Texas, Customs and Border Protection detained them for three days and then released them with notice of their obligation to appear in immigration court. They made their way to the Midwest, where they sought legal representation.

At the National Immigrant Justice Center, my colleagues and I worked with the mother over several months to document her experiences of being raped, impregnated, beaten and locked up at home by her older relative. Finally safe in the United States, she started therapy and began working at a restaurant to support herself and her daughter. At her final immigration court hearing, she bravely testified about her traumatic past, and the immigration judge granted both mother and daughter asylum.

. . . .

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Read the rest of Stephanie’s article at the link.

On the basis of reports like this, there is reason to believe that not only should many more of the individuals allowed to enter the U.S. be granted asylum under a properly functioning system, but that many of those barred, rejected, and deported are erroneously being returned to life-threatening situations.

This, of course, directly contradicts the restrictionist myths peddled by most GOP politicos and even some Dems. It also contradicts the fear-mongering and scare tactics employed by the right-wing media that has unfortunately spilled over into the so-called “mainstream media.” 

The real “border crisis/tragedy” is the lack of a legitimate, well-functioning, fair, efficient system to carry out our legal obligations to asylum seekers under both domestic and international laws. Calls for more “deterrents, cruelty, walls, harsh imprisonment, lawless deportations, and truncations of already-routinely-violated rights” are not going to solve the real problems! Indeed, they are likely to make things even worse!

🇺🇸 Due Process Forever!

PWS

10-11-23

ARLINGTON IMMIGRATION COURT: ANOTHER WIN FOR THE GOOD GUYS! – GW CLINIC HELPS EL SALVADORAN WOMAN & CHILDREN GET ASYLUM!

Friends,

Please join me in congratulating Immigration Clinic student-attorney Julia Navarro, and her client, F-R, from El Salvador.  This afternoon, Immigration Judge Emmett D. Soper granted F-R’s asylum application.  The ICE trial attorney waived appeal so the grant is final.  Granted asylum along with F-R were her twelve and nine year-young sons, who live with her, and her husband, who remains in El Salvador.

 F-R testified that the Mara 18 gang tried to recruit her then ten-year young son, but that he refused.  As a result, he was beaten, resulting in visible injuries.  However, he refused to tell F-R who beat him, and why.  Finally, after repeated beatings, he told F-R.  She confronted the gang members and asked them to leave her son alone.  In response, they burned her with lit cigarettes on her chest, stomach, and arms.  In addition, they demanded that she pay them $5,000.  And they continued to beat her son.  F-R went to the police twice, but nothing was done.  Finally, after further beatings of her son and renewed demands for the $5,000, F-R and her husband decided that she and her two sons should come to the USA.  After she left El Salvador, the gang members poisoned two of her dogs, whom, she testified, she considered part of her family.  At the conclusion of her direct examination, Julia asked F-R if she would confront the gang members again, and she said yes, because “my children are my life, and I would give my life for theirs.”

 Congratulations also to Sarah DeLong, Dalia Varela, Jengeih Tamba, and Jonathan Bialosky, who previously worked on this case.

**************************************************
Alberto Manuel Benitez
Professor of Clinical Law
Director, Immigration Clinic
The George Washington University Law School
650 20th Street, NW
Washington, DC 20052
(202) 994-7463
(202) 994-4946 fax
abenitez@law.gwu.edu
THE WORLD IS YOURS…
**************************************************
Congrats to all involved!
Once more proving my point that with great representation, time to prepare, and a fair Immigration Court, many, perhaps the majority, of the so-called “Northern Triangle Gang Cases” are highly grantable!
This definitely calls into question the Administration’s use of unnecessary detention, unwarranted criminal prosecutions, expedited removal, denial of access to counsel, detention courts, and “removal quotas” to “discourage” valid claims for protection. The Administration’s policies are an overt attack on Due Process and the Rule of Law! Harm to the most vulnerable among us is harm to all of us!
Three cheers for the “New Due Process Army!”
PWS
02-23-18

GO SEE “DUE PROCESS IN ACTION” (FEATUIRING THE FABULOUS GW LAW IMMIGRATION CLINIC STUDENT ATTORNEYS) AT THE U.S. IMMIGRATION COURT IN ARLINGTON, VA IN 2018!

HERE’S “THE SCHEDULE:”

Spring 2018 ICHs – Immigration Clinic

 

# DATE/TIME Client Name Student-Attorney Immigration Judge Type of Case Country of Origin
1 01/11/2018 at 1pm M-A-A- Gisela Camba IJ Owens Asylum (PSG-Family ) Honduras
2 01/18/2018 at 1pm N-R- Solangel Gonzalez IJ Bain Asylum (PSG- Family) El Salvador
3 02/07/2018 at 1pm M-C-C- Caroline Hodge IJ Soper Cancellation of Removal (Non-LPR) Mexico
4 02/14/2018 at 1pm F-R- Julia Navarro IJ Soper Asylum (PSG –Family) El Salvador
5 03/07/2018 at 9am S-M-B- Dana Florkowski IJ Bain Asylum (PSG-DV) El Salvador
6 03/07/2018 at 9am S-N-, Y-N-, C-N- TBD IJ Bryant Asylum/U Visa Honduras
7 03/15/2018 at 9am B-R-S- Phuong Tran IJ Owens Asylum (PSG – former police officer) El Salvador
8 04/02/2018 at 1pm R-I- Ami Patel IJ – Unassigned Asylum (Religion) Egypt
9 04/24/18 at 1pm M-M-P- Fatimah Hameed IJ Burman Asylum (PSG – Family) Honduras
Friends,
Happy New Year.
The link to the Arlington Immigration Court follows, and the list of the Immigration Clinic Individual Calendar Hearings (ICHs) in the spring is attached.  You are welcome to attend any and all of the ICHs.  Your students, colleagues, etc., are welcome too.  No RSVP is required but I do suggest you check with Paulina Vera (pnvera@law.gwu.edu) and/or me a day or two before to confirm (or not) that the hearings will go forward.

https://www.justice.gov/eoir/arlington-immigration-court

**************************************************
Alberto Manuel Benitez
Professor of Clinical Law
Director, Immigration Clinic
The George Washington University Law School
650 20th Street, NW
Washington, DC 20052
(202) 994-7463
(202) 994-4946 fax
abenitez@law.gwu.edu
THE WORLD IS YOURS…
***********************************************
I can personally testify that having a chance to observe the GW Immigration Clinic in person is a treat and a lesson in “how to prepare an Immigration Court case the right way!”
Thanks to my good friend and neighbor Professor Alberto Benitez and his distinguished colleague Paulina Vera (also a former Arlington Intern and “Charter Member” of the “new Due Process Army”) for passing this along and for what they are doing for future generations of lawyers and Due Process in America!
PWS
01-05-18

U.S. Immigration Courts: 12 New U.S. Immigration Judges Invested — Here Are Their Bios!

FOR IMMEDIATE RELEASE
Monday, February 6, 2017
Executive Office for Immigration Review Swears in 12 Immigration Judges

FALLS CHURCH, VA – The Executive Office for Immigration Review (EOIR) today announced the investiture of 12 new immigration judges. Chief Immigration Judge MaryBeth Keller presided over the investiture during a ceremony held Feb. 3, 2017, in the ceremonial courtroom of the E. Barrett Prettyman U.S. Courthouse, in Washington, D.C.

After a thorough application process, Attorney General Loretta E. Lynch appointed Victoria L. Argumendo, Steven D. Caley, Ila C. Deiss, Delia I. Gonzalez, Deborah K. Goodwin, Stephanie E. Gorman, Richard A. Jamadar, Julie Nelson, Emmett D. Soper, Jem C. Sponzo, Arwen Ann Swink, and Veronica S. Villegas to their new positions.

“On Jan. 8, 2017, we welcomed these 12 appointees to our growing immigration judge corps,” said Keller. “With this investment, EOIR has for the first time in its history exceeded 300 immigration judges. The agency recognizes that we must continue hiring immigration judges in order to address the pending caseload.”

Biographical information follows.

Victoria L. Argumendo, Immigration Judge, San Francisco Immigration Court

Attorney General Loretta E. Lynch appointed Victoria L. Argumendo to begin hearings cases in February 2017. Judge Argumendo earned a Bachelor of Arts degree in 1995 from the University of Vermont and a Juris Doctor in 2000 from the Golden Gate University School of Law. From 2012 to January 2017, she was in private practice at Argumendo Garzon Law Group, in San Francisco. From 2010 through 2012, she was in private practice at Surowitz & Argumendo, in San Francisco. From 2002 through 2010, she was in private practice at the Law Office of Victoria L. Argumendo, in San Francisco. From 2001 through 2002, she was an associate attorney at the Law Offices of Walter R. Pineda, in Redwood City, Calif. From May 2001 to September 2001, she served as a contract attorney for the Law Office of Enrique Ramirez, in San Francisco. From February 2001 to May 2001, she served as a contract attorney for Minami, Lew & Tamaki. Judge Argumendo is a member of the State Bar of California.

Steven D. Caley, Immigration Judge, Aurora Immigration Court

Attorney General Loretta E. Lynch appointed Steven D. Caley to begin hearings cases in February 2017. Judge Caley earned a Bachelor of Arts degree in 1977 from Hanover College and a Juris Doctor in 1980 from the New York University School of Law. From 2012 to January 2017, he served as a senior attorney for GreenLaw, in Atlanta. From 2000 through 2012, he was a partner and senior associate for Weissman, Nowack, Curry & Wilco, in Atlanta. From 2005 through 2006, and previously from 1996 through 1999, he served as a special administrative law judge for the Office of State Administrative Hearings, in Atlanta. From 1998 through 2000, he served as regional director for Legal Aid Services of Oregon, in Portland, Ore. From 1990 through 1998, he served as director of litigation for the Atlanta Legal Aid Society Inc., in Atlanta. From 1980 through 1990, he served in various capacities for the Legal Services Corporation of Alabama, in Dotham, Ala., including as managing attorney, senior staff attorney, and staff attorney. From 2003 through 2007, he served on the faculty of the Georgia State University College of Law as an adjunct professor. Judge Caley is a member of the Alabama State Bar, Florida Bar, State Bar of Georgia, and Oregon State Bar.

Ila C. Deiss, Immigration Judge, San Francisco Immigration Court

Attorney General Loretta E. Lynch appointed Ila C. Deiss to begin hearing cases in February 2017. Judge Deiss earned Bachelor of Arts degrees in 1991 from the University of California at Davis, a Master of Public Administration in 1996 from the Robert F. Wagner Graduate School for Public Service, and a Juris Doctor in 1999 from the City University of New York School of Law. From 2005 to January 2017, she served as an assistant U.S. attorney for the U.S. Attorney’s Office, Northern District of California, Department of Justice (DOJ). From 2003 through 2005, she served as a staff attorney for the U. S. Court of Appeals for the Ninth Circuit, DOJ. From 2001 through 2002, she served as a senior court counsel for the Supreme Court of the Republic of Palau. From April 2001 to August 2001, she served as a judicial law clerk for the Honorable Richard M. Berman, U.S. District Court, Southern District of New York. From 1999 through 2001, she served as a judicial law clerk for the Staff Attorney’s Office, U.S. Court of Appeals for the Second Circuit, DOJ. Judge Deiss is a member of the Connecticut and New York state bars.

Delia I. Gonzalez, Immigration Judge, Harlingen Immigration Court

Attorney General Loretta E. Lynch appointed Delia I. Gonzalez to begin hearing cases in February 2017. Judge Gonzalez earned a Bachelor of Arts degree in 1993 from the University of Houston and a Juris Doctor in 2001 from the Texas Southern University Thurgood Marshall School of Law. From 2006 through 2016, she served as an assistant chief counsel for the Office of the Chief Counsel, Immigration and Customs Enforcement, Department of Homeland Security. From 2001 through 2006, she served as a trial attorney for the Antitrust Division, Department of Justice, entering on duty through the Attorney General’s Honors Program. Judge Gonzalez is a member of the State Bar of Texas.

Deborah K. Goodwin, Immigration Judge, Miami Immigration Court

Attorney General Loretta E. Lynch appointed Deborah K. Goodwin to begin hearings cases in February 2017. Judge Goodwin earned a Bachelor of Arts degree in 1986 from Wilson College and a Juris Doctor in 2000 from the State University of New York at Buffalo School of Law. From 2015 to January 2017, she served as an associate legal advisor for the District Court Litigation Division, Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS), in Washington, D.C. From 2007 through 2015, she served as an associate counsel for U.S. Citizenship and Immigration Services, DHS, in San Francisco. From 2002 through 2007, she served as an assistant chief counsel for ICE, DHS, in San Francisco. Judge Goodwin is a member of the Florida Bar.

Stephanie E. Gorman, Immigration Judge, Houston Immigration Court

Attorney General Loretta E. Lynch appointed Stephanie E. Gorman to begin hearing cases in February 2017. Judge Gorman earned a Bachelor of Science degree in 1996 from California State University Sacramento, a Juris Doctor in 2002 from the Thomas Jefferson School of Law, and a Master of Laws degree in 2005 from the University of San Diego School of Law. From 2014 to January 2017, she served as an attorney and legal instructor for the Office of the Chief Counsel, Customs and Border Protection, Department of Homeland Security (DHS). From 2008 through 2014, she served as an assistant chief counsel for the Office of the Principal Legal Advisor, Immigration and Customs Enforcement, DHS. From 2009 through 2012, she also served as a special assistant U.S. attorney for the U.S. Attorney’s Office, Middle District of Florida, Department of Justice (DOJ), in Orlando, Fla. From 2007 through 2008, she served as a federal law clerk for the Honorable M. James Lorenz, U.S. District Court for the Ninth Circuit, Southern District of California, DOJ, in San Diego. From March 2007 to September 2007, she served as a federal law clerk for the Honorable Roger T. Benitez, U.S. District Court for the Ninth Circuit, Southern District of California, in San Diego. From 2006 through 2007, she served as an assistant state attorney for the Twelfth Judicial Circuit, in Sarasota, Fla. From 2003 through 2006, she served in various capacities on the faculty of the Thomas Jefferson School of Law, including as visiting assistant professor of law and senior legal writing instructor and adjunct professor. From 2002 through 2004, she served as an associate attorney for the Law Office of Matthew P. Rocco, in Carlsbad, Fla. Judge Gorman is a member of the State Bar of California and the Florida Bar.

Richard A. Jamadar, Immigration Judge, Houston Immigration Court

Attorney General Loretta E. Lynch appointed Richard A. Jamadar to begin hearing cases in February 2017. Judge Jamadar earned a Bachelor of Laws degree in 1987 from the University of the West Indies Faculty of Law and a Juris Doctor in 1996 from the Washington University School of Law. From 2004 to January 2017, he served as an assistant chief counsel for the Office of the Chief Counsel, Immigration and Customs Enforcement, Department of Homeland Security, in Orlando, Fla. During this time, from 2011 through 2013, he served as a special assistant U.S. attorney for the U.S. Attorney’s Office, Middle District of Florida, Department of Justice, in Orlando, Fla. From 2003 through 2004, he served as a senior attorney for the Department of Children and Families, Tenth Judicial Circuit, in Bartow, Fla. From 1999 through 2002, he served as an assistant state attorney for the State Attorney’s Office, Ninth Judicial Circuit, in Orlando, Fla. From 1996 through 1998, he served as an associate attorney for Polatsek and Scalfani, in Fort Lauderdale, Fla. Judge Jamadar is a member of the Florida Bar.

Julie Nelson, Immigration Judge, San Francisco Immigration Court

Attorney General Loretta E. Lynch appointed Julie Nelson to begin hearing cases in February 2017. Judge Nelson earned a Bachelor of Arts degree in 2003 from Biola University and a Juris Doctor in 2006 from California Western School of Law. From December 2014 to January 2017, and previously from 2009 through May 2014, she served as an assistant chief counsel for the Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security. From June 2014 to November 2014, she served as a law clerk for the Honorable Steven P. Logan, U.S. District Court for the District of Arizona, Department of Justice (DOJ). From 2008 through 2009, she served as an attorney advisor for the Los Angeles Immigration Court, Executive Office for Immigration Review (EOIR), DOJ. From 2007 through 2008, she served as a judicial law clerk for the San Diego Immigration Court, EOIR, DOJ, entering on duty through the Attorney General’s Honors Program. From 2007 through 2009, she served on the faculty of Biola University as an adjunct professor. Judge Nelson is a member of State Bar of California.

Emmett D. Soper, Immigration Judge, Arlington Immigration Court

Attorney General Loretta E. Lynch appointed Emmett D. Soper to begin hearing cases in February 2017. Judge Soper earned a Bachelor of Arts degree in 1998 from Carleton College and a Juris Doctor in 2005 from the University of Oregon School of Law. From 2012 to January 2017, he served as an associate general counsel for the Office of the General Counsel, Executive Office for Immigration Review (EOIR), Department of Justice (DOJ), in Falls Church, Va. From 2010 through 2012, he served as an attorney advisor for the Office of Legal Policy, DOJ, in Washington, D.C. From 2006 through 2010, he served as an attorney advisor for the Office of the Chief Immigration Judge, EOIR, DOJ, in Falls Church, Va. From 2005 through 2006, he served as a judicial law clerk for the Buffalo Immigration Court, EOIR, DOJ. Judge Soper is a member of the Oregon State Bar.

Jem C. Sponzo, Immigration Judge, New York City Immigration Court

Attorney General Loretta E. Lynch appointed Jem C. Sponzo to begin hearings cases in February 2017. Judge Sponzo earned a Bachelor of Arts degree in 2003 from Hamilton College and a Juris Doctor in 2006 from the University of Connecticut School of Law. From 2007 to January 2017, she served as a trial attorney for the Civil Division, Office of Immigration Litigation, Department of Justice (DOJ), in Washington, D.C. From January 2015 to July 2015, she also served as a clearance counsel for the Office of Presidential Personnel, White House. From 2006 through 2007, she served as a judicial law clerk for the New York City Immigration Court, Executive Office for Immigration Review, DOJ, entering on duty through the Attorney General’s Honors Program. Judge Sponzo is a member of the New York State Bar.

Arwen Ann Swink, Immigration Judge, San Francisco Immigration Court

Attorney General Loretta E. Lynch appointed Arwen Ann Swink to begin hearing cases in February 2017. Judge Swink earned a Bachelor of Arts degree in 2002 from California State University San Marcos and a Juris Doctor in 2006 from the University of California Hastings College Of Law. Prior to this post, she served as a staff attorney in the motions unit of the U.S. Court of Appeals for the Ninth Circuit, in San Francisco, beginning in 2010. From 2006 through 2010, she served as an associate attorney for the Law Office of Robert B. Jobe, in San Francisco. Judge Swink is a member of the State Bar of California.

Veronica S. Villegas, Immigration Judge, Los Angeles Immigration Court

Attorney General Loretta E. Lynch appointed Veronica S. Villegas to begin hearing cases in February 2017. Judge Villegas earned a Bachelor of Arts degree in 1996 from California State University Fullerton and a Juris Doctor in 1999 from the Loyola Law School. From 2012 to January 2017, and previously from 2004 through 2005, she was in private practice at the Law Office of Veronica S. Villegas, in West Covina, Calif. From 2005 through 2012, she was a partner at Hill, Piibe & Villegas, in West Covina, Calif. From 2003 through 2004, she served as an assistant chief counsel for the Office of the Chief Counsel, Immigration and Customs Enforcement, Department of Homeland Security. From 1999 through 2003, she served as an assistant district counsel for the former Office of the District Counsel, Immigration and Naturalization Service, Department of Justice. Judge Villegas is a member of the State Bar of California.

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PWS

02/07/17

News From The United States Immigration Court In Arlington, VA — Judge Emmett D. Soper Joins Arlington Immigration Court — More Judges Planned For The Future!

Dateline Arlington, VA, Jan. 12, 2017

The United States Immigration Court in Arlington, VA announced recently that newly appointed U.S. Immigration Judge Emmett D. Soper will be starting to hear cases in February.   Judge Soper most recently was an Associate General Counsel in the EOIR Office of General Counsel in Falls Church, VA.  Before that, he was an Attorney Adviser with the Office of Chief Immigration Judge.  If my recollection is correct, he was also a Judicial Law Clerk in the U.S. Immigration Court in Buffalo, NY. Congratulations, Judge Soper!  Congratulations Arlington!

Judge Soper is a “good guy,” and should be a great fit in Arlington.  He will join Judge John M. Bryant, Judge Robert P. Owens, Judge Lawrence O. Burman, Judge Roxanne C. Hladylowycz, Judge Rodger C. Harris, Judge Thomas G. Snow, Judge Quynh Vu Bain, Judge Traci Hong, and Judge Karen Donoso Stevens, bringing the total number of Judges in Arlington to ten, the largest compliment ever.

Unfortunately, however, because the Arlington Immigration Court currently has only eight courtrooms with public access, Judge Hong and Judge Donoso Stevens have been largely “stashed in the back room” sitting in interior euphemistically named “TV Courts” — which also serve as chambers — hearing cases from other Immigration Courts.  I am not aware of what docket Judge Soper will be handling and whether he will be “visible” or “hidden.”

Unless I’m missing something, which is sometimes the case, when all ten Arlington Judges are present, two will always have to be doing interior TV Court to other cities. Additional space has been located at 1901 South Bell, and my understanding is that the Court plans to open new publicly accessible courtrooms, obviously on another floor, this spring, thus enabling all Arlington Judges to work on Arlington cases, something that happened only rarely during my thirteen year tenure there.

The local AILA Chapter has also been informed that the Arlington Immigration Court plans to expand to sixteen Immigration Judges by the end of 2017.  This would be a most welcome development, given the current docket with in excess of 30,000 pending cases.

Apparently, the new court design will include publicly accessible courtrooms for 16 Judges with another two interior courtrooms which can be used only for TV Court to other locations.  The latter seems rather curious to me.  Why take up court space with courtrooms that can’t be used on the Arlington docket? But, hey, I was only an Immigration Judge.  What do I know about space and planning?

Obviously, expansion  plans will depend on new Attorney General Jeff Sessions and also on whether the U.S. Immigration Courts will be exempt (as they certainly should be, but who knows at present) from the “hiring freeze” that President Trump has promised to impose when he takes office.  Maybe somebody at EOIR already knows the answer.  But, I haven’t seen any public announcement.  Stay tuned.

PWS

01/12/17