⚖️🛡 LATEST NEWS  FROM THE ROUND TABLE:  “Round Table Files Amicus Brief in East Bay v. Biden”

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

From BIB daily:

http://www.bibdaily.com/

October 06, 2023

(1 min read)

IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

EAST BAY SANCTUARY COVENANT, et al.,
Plaintiffs-Appellees,
v.
JOSEPH R. BIDEN, President of the United States, et al.,
Defendants-Appellants.

On Appeal from the United States District Court for the Northern District of California
Case No. 4:18-cv-06810-JST

BRIEF FOR AMICI CURIAE FORMER IMMIGRATION JUDGES & FORMER MEMBERS OF THE BOARD OF IMMIGRATION APPEALS IN SUPPORT OF PLAINTIFFS-APPELLEES AND AFFIRMANCE

TAGS:

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Proud to be a member of this great group fighting for due process. Also grateful for all the great lawyers and firms who have provided pro bono drafting assistance to “give us a voice that needs to be heard!”

🇺🇸 Due Process Forever!

PWS

10-09-23

ANOTHER US JUDGE, THIS TIME IN NJ, CALLS A HALT TO “GONZO” ENFORCEMENT — Now It’s Indonesian Christians In The ICEMEN’s Crosshairs!

http://www.nj.com/news/index.ssf/2018/02/last_minute_court_appeal_halts_deportation_of_indo.html

Ted Sherman reports for NJ Advantage Advance Media for NJ.com:

“A federal judge in Newark on Friday issued a temporary restraining order halting the deportations of two Indonesian Christians taken into custody last week while they were dropping their daughters off for school.

U.S. District Judge Esther Salas issued the order after the ACLU went to court, arguing that the summary deportation of the men violated their due process and deprived them of the opportunity to argue their case for asylum.

“These community members, our neighbors, are entitled to argue their case with the protections of due process, especially when the stakes are life-and-death,” said ACLU-NJ Executive Director Amol Sinha.

Gunawan Liem of Franklin Park and Roby Sanger of Metuchen, who both had pending removal orders, were arrested a week ago without warning by U.S. Immigration and Customs Enforcement, as part of an increasingly aggressive enforcement effort by the Trump Administration targeting illegal immigration.

A third man, Harry Pangemanan, was not home when ICE agents showed up at his house and he sought sanctuary at the Reformed Church of Highland Park, where Rev. Seth Kaper-Dale has long been championing the cause of the Indonesian Christian community.

“This case involves life-and-death stakes and we are simply asking that these longtime residents be given opportunity to show that they are entitled to remain here,” said Lee Gelernt, deputy director of the ACLU Immigrants’ Rights Project. “As in other recent similar cases in Detroit, Boston, Miami and Los Angeles involving mass deportations, we are asking the court to make clear that the fundamental protections of due process apply to non-citizens.”

ICE officials did not immediately respond to a request for comment.

Earlier this week, a federal judge in a similar case in Massachusetts also ordered the government to halt the removal of another group of Indonesian Christians, according to the ACLU, which filed that case too.

The judge ruled that they needed more time to file and receive decisions on motions to re-open their immigration cases over their claims of increasingly perilous conditions for Christians in Indonesia, a predominately Muslim nation.

A sign reads “Let the stay” at The Reformed Church of Highland Park. (Jody Somers | For The Star-Ledger)
According to court documents filed in the New Jersey case, the ACLU sought stays of removal for Liem, Sanger and others to give them a reasonable period of time “to compile and present evidence that would permit them to file motions to reopen their removal cases, including evidence of recent changes in country conditions that make Indonesia increasingly dangerous for Christians.”

In its the complaint against ICE, its Newark director for enforcement and removal, and the Department of Homeland Security, the ACLU said most of those facing detention had U.S. citizen children, and argued their removal would rip apart families.

“They are devout and extremely active in their churches, some in official roles. Many volunteer their time to help disadvantaged members of their local community and beyond: participating in disaster relief efforts and volunteering through their churches,” they said in the complaint.

In a statement, Farrin Anello, senior staff attorney for the ACLU of New Jersey, said the Constitution and laws recognizes that people must not be jailed or deported without an opportunity to seek court review of those harsh actions.

“We are extremely heartened and relieved that Judge Salas has ruled that these families may not be deported while she reviews their case,” she said.

Ted Sherman may be reached at tsherman@njadvancemedia.com. Follow him on Twitter @TedShermanSL. Facebook: @TedSherman.reporter. Find NJ.com on Facebook.

A federal judge in Newark on Friday issued a temporary restraining order halting the deportations of two Indonesian Christians taken into custody last week while they were dropping their daughters off for school.

U.S. District Judge Esther Salas issued the order after the ACLU went to court, arguing that the summary deportation of the men violated their due process and deprived them of the opportunity to argue their case for asylum.

“These community members, our neighbors, are entitled to argue their case with the protections of due process, especially when the stakes are life-and-death,” said ACLU-NJ Executive Director Amol Sinha.

Gunawan Liem of Franklin Park and Roby Sanger of Metuchen, who both had pending removal orders, were arrested a week ago without warning by U.S. Immigration and Customs Enforcement, as part of an increasingly aggressive enforcement effort by the Trump Administration targeting illegal immigration.

A third man, Harry Pangemanan, was not home when ICE agents showed up at his house and he sought sanctuary at the Reformed Church of Highland Park, where Rev. Seth Kaper-Dale has long been championing the cause of the Indonesian Christian community.

“This case involves life-and-death stakes and we are simply asking that these longtime residents be given opportunity to show that they are entitled to remain here,” said Lee Gelernt, deputy director of the ACLU Immigrants’ Rights Project. “As in other recent similar cases in Detroit, Boston, Miami and Los Angeles involving mass deportations, we are asking the court to make clear that the fundamental protections of due process apply to non-citizens.”

ICE officials did not immediately respond to a request for comment.

Earlier this week, a federal judge in a similar case in Massachusetts also ordered the government to halt the removal of another group of Indonesian Christians, according to the ACLU, which filed that case too.

The judge ruled that they needed more time to file and receive decisions on motions to re-open their immigration cases over their claims of increasingly perilous conditions for Christians in Indonesia, a predominately Muslim nation.

A sign reads “Let the stay” at The Reformed Church of Highland Park. (Jody Somers | For The Star-Ledger)
According to court documents filed in the New Jersey case, the ACLU sought stays of removal for Liem, Sanger and others to give them a reasonable period of time “to compile and present evidence that would permit them to file motions to reopen their removal cases, including evidence of recent changes in country conditions that make Indonesia increasingly dangerous for Christians.”

In its the complaint against ICE, its Newark director for enforcement and removal, and the Department of Homeland Security, the ACLU said most of those facing detention had U.S. citizen children, and argued their removal would rip apart families.

“They are devout and extremely active in their churches, some in official roles. Many volunteer their time to help disadvantaged members of their local community and beyond: participating in disaster relief efforts and volunteering through their churches,” they said in the complaint.

In a statement, Farrin Anello, senior staff attorney for the ACLU of New Jersey, said the Constitution and laws recognizes that people must not be jailed or deported without an opportunity to seek court review of those harsh actions.

“We are extremely heartened and relieved that Judge Salas has ruled that these families may not be deported while she reviews their case,” she said.

Ted Sherman may be reached at tsherman@njadvancemedia.com. Follow him on Twitter @TedShermanSL. Facebook: @TedSherman.reporter. Find NJ.com on Facebook.

issued the order after the ACLU went to court, arguing that the summary deportation of the men violated their due process and deprived them of the opportunity to argue their case for asylum.

“These community members, our neighbors, are entitled to argue their case with the protections of due process, especially when the stakes are life-and-death,” said ACLU-NJ Executive Director Amol Sinha.

Gunawan Liem of Franklin Park and Roby Sanger of Metuchen, who both had pending removal orders, were arrested a week ago without warning by U.S. Immigration and Customs Enforcement, as part of an increasingly aggressive enforcement effort by the Trump Administration targeting illegal immigration.

A third man, Harry Pangemanan, was not home when ICE agents showed up at his house and he sought sanctuary at the Reformed Church of Highland Park, where Rev. Seth Kaper-Dale has long been championing the cause of the Indonesian Christian community.

“This case involves life-and-death stakes and we are simply asking that these longtime residents be given opportunity to show that they are entitled to remain here,” said Lee Gelernt, deputy director of the ACLU Immigrants’ Rights Project. “As in other recent similar cases in Detroit, Boston, Miami and Los Angeles involving mass deportations, we are asking the court to make clear that the fundamental protections of due process apply to non-citizens.”

ICE officials did not immediately respond to a request for comment.

Earlier this week, a federal judge in a similar case in Massachusetts also ordered the government to halt the removal of another group of Indonesian Christians, according to the ACLU, which filed that case too.

The judge ruled that they needed more time to file and receive decisions on motions to re-open their immigration cases over their claims of increasingly perilous conditions for Christians in Indonesia, a predominately Muslim nation.

A sign reads “Let the stay” at The Reformed Church of Highland Park. (Jody Somers | For The Star-Ledger)
According to court documents filed in the New Jersey case, the ACLU sought stays of removal for Liem, Sanger and others to give them a reasonable period of time “to compile and present evidence that would permit them to file motions to reopen their removal cases, including evidence of recent changes in country conditions that make Indonesia increasingly dangerous for Christians.”

In its the complaint against ICE, its Newark director for enforcement and removal, and the Department of Homeland Security, the ACLU said most of those facing detention had U.S. citizen children, and argued their removal would rip apart families.

“They are devout and extremely active in their churches, some in official roles. Many volunteer their time to help disadvantaged members of their local community and beyond: participating in disaster relief efforts and volunteering through their churches,” they said in the complaint.

In a statement, Farrin Anello, senior staff attorney for the ACLU of New Jersey, said the Constitution and laws recognizes that people must not be jailed or deported without an opportunity to seek court review of those harsh actions.

“We are extremely heartened and relieved that Judge Salas has ruled that these families may not be deported while she reviews their case,” she said.

Ted Sherman may be reached at tsherman@njadvancemedia.com. Follow him on Twitter @TedShermanSL. Facebook: @TedSherman.reporter. Find NJ.com on Facebook.”

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Wasting tax dollars, hurting families, dividing communities, teeing off Federal Judges, what more could you ask from the “New American Gestapo?”

PWS

02-04-18