"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, Music, Politics, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals PAUL WICKHAM SCHMIDT and DR. ALICIA TRICHE, expert brief writer, practical scholar, emeritus Editor-in-Chief of The Green Card (FBA), and 2022 Federal Bar Association Immigration Section Lawyer of the Year. She is a/k/a “Delta Ondine,” a blues-based alt-rock singer-songwriter, who performs regularly in Memphis, where she hosts her own Blues Brunch series, and will soon be recording her first full, professional album. Stay tuned! 🎶 To see our complete professional bios, just click on the link below.
Hi All: I hope you are not getting tired of all the winning. Today, the BIA issued a precedent decision on the whole Pereira and Niz-Chavez jurisdictional issue involving service of a defective NTA (link attached) in which our Round Table submitted an amicus brief drafted for us by our own Sue Roy.And the BIA actually agreed with us!!!
The holding:
The Department of Homeland Security cannot remedy a notice to appear that lacks the date and time of the initial hearing before the Immigration Judge by filing a Form I-261 because this remedy is contrary to the plain text of 8 C.F.R. § 1003.30 and inconsistentwith the Supreme Court’s decision in Niz-Chavez v. Garland, 593 U.S. 155 (2021).
Of course, our brief was not acknowledged in the Board’s decision.
A thousand thanks to Sue and to all in this group who have repeatedly signed on in support of due process.
As a reminder, we still await a decision from the Supreme Court on whether Pereira and Niz-Chavez extend to in absentia orders of removal. Oral arguments in that case were heard earlier this month, and our brief was mentioned in response to a question by Chief Justice Roberts.
Best, Jeff
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Want to meet Judge Sue Roy in person and learn from her in a small group setting? You’re in luck! (HINT: She’s not only a very talented lawyer and teacher, but she’s also very entertaining and down to earth in her “Jersey Girl Persona!”)
The Round Table 🛡️ will be well-represented by Judge Roy, Judge Lory Diana Rosenberg, and me at the upcoming Sharma-Crawford Clinic 7th Annual Immigration Court Trial Advocacy College in Kansas City, MO, April 24-26, 2024! We’ll be part of afaculty of all-star 🌟 NDPA litigators who are there to help every attendee sharpen skills and reach their full potential as a fearless litigator in Immigration Court — and beyond!
They live in a rusty shack with no running water, hiding from the violence just outside their door, haunted by a question that won’t go away: Should they have listened to President Biden?
A year ago, Dayry Alexandra Cuauro and her 6-year-old daughter, Sarah, fled a crumbling Venezuela, setting off for the United States, carrying almost nothing. But they quickly lost each other, separated in a treacherous jungle known as the Darién Gap.
For three terrifying days, Ms. Cuauro heaved herself over muddy hills and plowed through rivers that rose to her chest, panicked that her child had drowned, been kidnapped or fallen to her death.
Many of the migrants traveling alongside the Cuauros — like hundreds of thousands of others — simply ignored the president’s warning, dismissing it as a ploy to keep them at bay. They kept marching, crossed the border and quickly started building new lives in the United States, with jobs that pay in dollars and children in American schools.
Ms. Cuauro listened and dropped off the migrant trail. But nearly a year later, all she has gotten is an auto-reply: Her applications to enter the United States legally have been submitted. She refreshes the website constantly, obsessively, and every day it says the same thing: “Case received.” Only the numbers shift: 57 days. 197 days. 341 days.
Online, she is bombarded by jubilant posts from Venezuelans who have made it to the United States — pictures of them in Times Square, wearing new clothes, eating big meals, going to school. Even the friend who guided her daughter safely through the jungle kept going and made it to Pennsylvania, where he now makes $140 a day as a mechanic.
. . . .
Sarah had become a literal poster child for the Darién. She and her mother had done what Mr. Biden had asked of them. They had a first-class support team of eager American sponsors. Yet no one could figure out how to get their cases through the U.S. immigration system.
. . . .
Recently, a member of the Cuauro committee, the woman in North Carolina, reached out with an urgent request. A Venezuelan man who had contacted her asking for help was about to take the Darién route. The woman asked Ms. Cuauro to talk to him — to try to convince him to apply for the legal route instead.
“I did it,” Ms. Cuauro said, “but he didn’t want to listen, and he left.”
The man got to the American border and, within days, crossed into the United States.
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Read Julie’s article at the link.
As Courtside readers know, I love writing headlines. So, here’s one for the story that Julie might have written had the Administration been quicker on the uptake:
🇺🇸🗽⚖️😊 VENEZUELAN MOM, DAUGHTER FIND SPONSOR, SAFETY IN U.S. UNDER BIDEN PROGRAM AFTER HARROWING DARIEN ORDEAL — “The Legal Path Was Quick, Safe, &Saved Our Lives,” Says Ms. Cuauro, “Others Should Use It!”
Despite often using language peppered with terms that might once have appeared in business textbooks, the USG does not follow a “business model.” Nowhere is that more true than in the largely dysfunctional immigration bureaucracy. Businesses that ran like ICE, USCIS, and EOIR would have gone bankrupt long ago.
Nevertheless, it would be prudent for the Administration to employ some “better business practices” on immigration, which does have a dynamic, potentially even more positive, effect on the U.S. economy.
In the case of the Southern Border, the USG is “competing” with professional smugglers and human traffickers who DO view it in business terms. The “smugglers’ heyday” of a bias-driven Trump Administration that operated in direct contravention of common sense, the rule of law, the laws of supply and demand, and the realities of worldwide forced migration is gone, for now — although, undoubtedly to the delight of criminals and cartels, GOP politicos would dearly love to re-establish it and thereby enhance profits for the “bad guys.”
But, there are plenty of glitches in the Biden Administration’s approach. As this article illustrates, they are unable and unwilling to do what’s necessary to “out-compete” smugglers by making the legal channels they tout robust, timely, generous, and user friendly!
In the meantime, the GOP is marshaling its White Nationalist forces to make the system for legal entry even more restrictive, irrational, and less usable. That will make smugglers essentially “the only game in town” and cede much more of immigration control to self-interested criminals.
“DENVER — In the basement of a white stone church here on Tuesday night, Jeanette Vizguerra gathered up her three youngest children, slipped them into pajamas and asked herself perhaps the hardest question of her life.
Should she present herself to the immigration authorities Wednesday morning for a scheduled check-in, risking deportation?
Or should she stay in the church, one of the few places federal agents do not go, almost surely resigning herself to months or years trapped inside?
“Tonight, I have to think,” Ms. Vizguerra said. “Because I promised my children — and it was a promise — that it was going to be very difficult to remove me from this country. I have already fought so long to be here; now is not the time to give up.”
It has been a difficult week for Ms. Vizguerra, 45, one of millions of undocumented immigrants contending with an uncertain future in the Trump administration. After she was convicted several years ago of using fake documents, Ms. Vizguerra, who has spent 20 years working in the United States, was ordered out of the country. But she was granted at least five postponements of deportation, and in December, her lawyer, Hans Meyer, asked for another.
Nothing happened. She was due for a regular check-in at the local office of Immigration and Customs Enforcement on Wednesday, and as the day crept closer, Ms. Vizguerra realized the possibility that she could be whisked onto a plane and separated from her three American-born children: Zury, 6, Roberto, 10, and Luna, 12.”