⚖️🗽😎 POSITIVE FEEDBACK FROM VIISTA VILLANOVA GRAD COURTNEY GREENE! 

Courtney Greene
Courtney Greene
Accredited Representative
Catholic Charities of Central Texas
VIISTA Villanova Grad
PHOTO: Linkedin

Dear Judge Schmidt,

I hope this email finds you well, with the holiday season upon us.

I wanted to write and tell you again how much the training last spring stands out in my mind as a highlight for 2023.  I received my full accreditation in June and have represented three different clients in proceedings so far.  The judges in San Antonio have been very open to dismissing cases, and two of the three cases were dismissed as an exercise of prosecutorial discretion!  Our clients have been able to apply for asylum affirmatively and hopefully will be successful, even though we anticipate a very long wait for their interviews.  I have also completed U visa filings, a T visa filing, family petitions and lots and lots of work permits.  Mailing every filing fills me with so much hope.

I hope that I will get a chance to see you again at a future VIISTA event!

Best,

Courtney

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Thanks so much Courtney! 

Rather than looking for expensive ways to diminish asylum-seekers’ rights and inflict more cruelty, Congress and the Administration should be investing in cost-effective programs like VIISTA that actually work, protect rights, and have promise for the future!

Building hope rather than intentionally causing despair!😎 Why don’t our public officials “get it?”

😎 Due Process Forever!

PWS

12-11-23

🇺🇸🗽⚖️😎🌟🏆NDPA SUPERSTAR LAUREN WYATT WINS AWARD!

Lauren Wyatt Award
NY City Bar
Legal Services Award
Lauren Wyatt
Lauren Wyatt
Lauren Wyatt, Esquire
Managing Attorney
Catholic Charities Community Services, Archdiocese of New York
PHOTO: VERA Institute of Justice

Lauren Wyatt

Lauren Wyatt is an attorney with Catholic Charities Community Services, Archdiocese of New York, where she provides direct representation to immigrants before the Immigration Court, Board of Immigration Appeals, USCIS, and New York family courts. As the Lead Project Attorney for the Immigration Court Helpdesk (ICH), she coordinates pro se application workshops, Know-Your-Rights presentations, legal screenings, and pro bono case placements for unrepresented immigrants in removal proceedings. She also prepares and supervises the implementation of specialized ICH programming in response to emergencies (such as family separation) and changes in law and policy (such as in domestic violence- and family-based asylum claims) She recruits and trains volunteers to provide free legal information and assistance to low-income immigrants. She also supervises and mentors pro bono volunteer attorneys in representing clients before the Immigration Court.

Prior to joining Catholic Charities, Lauren was a Program Associate at the Vera Institute of Justice administering the Legal Orientation Program for detained immigrants. Before moving to New York City, Lauren was an Equal Justice Works AmeriCorps Fellow at Catholic Charities Archdiocese of Washington. At Catholic Charities DC, she represented unaccompanied children in immigration and state court proceedings, as well as in affirmative applications before USCIS. She also trained and mentored pro bono attorneys to represent clients in immigration and family court cases.

Lauren is licensed to practice in New York and Maryland, as well as before the U.S. District Court for the Eastern District of New York. She earned her J.D. from Howard University School of Law in 2014, and her B.A. from the University of Pennsylvania in 2010. She has studied in Seville, Spain, Buenos Aires, Argentina, and Havana, Cuba. She is fluent in Spanish and conversational in Italian.

SOURCE: I-ARC
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Congrats, Lauren!😎👍🏼

As we can see, eight years out of law school, Lauren has basically “done it all!” When are we going to see Lauren on the Federal Bench?
Like Vice President Kamala Harris, Lauren is a distinguished grad of Howard Law! So, why hasn’t Harris actively recruited her for a judicial or senior management position at EOIR, where due process, racial justice, practical problem solving, and a positive attitude toward human rights are in total tatters and need “big time” change and redirection?
Why are Dems blowing the opportunity to recognize, promote, and empower “the best and the brightest” that the “upcoming generation” of American lawyers has to offer?

Why is EOIR still a “due process wasteland” rather than a model, due process focused, best practices oriented, “progressive judiciary of the future?”

Somebody with some “pipelines” into the Biden Administration should be asking these questions and insisting on positive progressive actions!

🇺🇸Due Process Forever!

PWS
05-27-22

⚖️🗽🇺🇸😇SISTER NORMA SPEAKS OUT AGAINST “LET ‘EM DIE MEXICO” ⚰️ & THE FALSE DOCTRINE OF “DETERRENCE THROUGH CRUELTY & IMMORALITY!” ☠️🤮 — “It is immoral and abhorrent to deter people who are legally and peacefully seeking safety in the United States by deliberately exposing them to the very perils that they are hoping to escape.”

 

Why is the Biden Administration listening to him:

Stephen Miller Monster
Attribution: Stephen Miller Monster by Peter Kuper, PoliticalCartoons.com

Rather than her:

Sister Norma Pimentel
Sister Norma Pimentel, Executive Director, Catholic Charities of the Rio Grande Valley

 

https://www.washingtonpost.com/opinions/2021/09/06/norma-pimentel-mpp-biden-help-migrants/

Opinion by Sister Norma Pimentel

September 6 at 5:34 PM ET

Norma Pimentel, a sister of the Missionaries of Jesus, is executive director of Catholic Charities of the Rio Grande Valley.

Dear Mr. President:

I write today to appeal to your sense of morality, human dignity and as a fellow Catholic. While the Supreme Court has blocked your efforts to rescind the Migrant Protection Protocols (MPP), better known as the “Remain in Mexico” policy, while litigation against it proceeds through the court system, I urge you to act. These legal complications, and our backlogged immigration courts system, cannot become an excuse to strand thousands of people in dire conditions, especially when other options are available.

I know from firsthand experience just how desperate the situation is. MPP was implemented in my community in early 2019. Its effect was to force thousands of people into a makeshift “tent city” along the Mexican side of the Rio Grande river as they awaited rulings on whether they would be granted asylum.

I would visit the camp almost every single day. It was a blessing that hundreds of compassionate Americans crossed the border between Brownsville, Tex., and Matamoros, Mexico, several times a day to bring tents, food, clothing, and to tend to these families’ medical needs and legal issues. While supported by the good nature and assistance that staff and others provided, I often worried about how the women, men and children at the camp could survive in such conditions. How could they stand the scorching heat of our region’s hot sun or the occasional torrential downpours that turned their encampment into a mud pit?

The lack of care for humanity and the sounds of human misery accompanied me daily as I moved through the camp. I know that reports of these conditions have reached your ears, too: I met your wife, Jill Biden, here in 2019 as she donned rubber boots to wade through the mud and see for herself the misery in which asylum seekers, including many women and children, lived for as long as two years.

So, I rejoiced when you declared an end to this immoral policy on your first days in office, and despaired when the Supreme Court required your administration to implement it once again.

I pray for the Supreme Court justices as I do for all leaders. But in my heart, I know that surely, we can do better than return to the conditions and suffering I witnessed in 2019.

. . . . .

I invite you to come and see for yourself, as your wife did in 2019, what is happening on the border. There are many layers to the immigration realities behind the strident political rhetoric that dominates and obscures the issue today. But we must find ways to counter what Pope Francis calls a “globalization of indifference.”

Mr. President, please demonstrate to the world that the words of Jesus — whatsoever you do to the least of my brothers, you do unto me — are the foundation of not only our faith, but of the moral structure of our country.

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Read the rest of Sister Norma’s letter at the above link.

She’s right: “We cannot allow a lack of creativity and fortitude to become an excuse to abandon the principle of compassion.” But, sadly, that’s exactly what the Biden Administration is doing by listening to the wrong advice from those wedded to the failed, illegal, and cruel concept of misusing the law and perverting process as a “deterrent.”

The experts, “practical scholars,” NGOs, intellectual leaders, and courageous progressive judicial talent who can solve this problem, folks like Sister Norma, Karen Musalo, Marielena Hincappie, Kevin Johnson, Michelle Mendez, Jaya Ramji-Nogales, Lenni Benson, Michele Pistone, Geoffrey Hoffman, Jason “The Asylumist” Dzubow, and Judge Ilyce Shugall, are all “on the outside looking in.” Moreover, rather than working with them to fix the asylum system at the border and bring essential progressive reforms to our dysfunctional Immigration Courts, the Administration has actively alienated and disrespected their views in favor of recycling “guaranteed to fail, Miller-Lite” deterrence only policies of the past. 

“Floaters”
“Floaters — How The World’s Richest Country Responds To Asylum Seekers” — Beyond bad GOP judges, corrupt and evil GOP State AGs, “Miller Lite” bureaucratic retreads, and feckless and timid Biden policy wonks, this is the harsh reality of our continuing, failed, “border deterrence” policies and our abrogation of asylum laws and human morality.
EDS NOTE: GRAPHIC CONTENT – The bodies of Salvadoran migrant Oscar Alberto Mart??nez Ram??rez and his nearly 2-year-old daughter Valeria lie on the bank of the Rio Grande in Matamoros, Mexico, Monday, June 24, 2019, after they drowned trying to cross the river to Brownsville, Texas. Martinez’ wife, Tania told Mexican authorities she watched her husband and child disappear in the strong current. (AP Photo/Julia Le Duc)

The solutions are out there! Too bad the Administration has become “part of the problem,” rather than having the guts and creativity to solve the problem while saving lives! No courage, no convictions, no solutions! It’s a formula for disaster☠️ and death!⚰️

As Sister Norma says, using the words of Jesus, in her powerful conclusion: “whatsoever you do to the least of my brothers, you do unto me — are the foundation of not only our faith, but of the moral structure of our country.”  Right now, He couldn’t be very pleased with the conduct of the GOP nativists, the Supremes, righty Federal Judges, horrible GOP AGs, and the feckless bureaucrats and timid policy officials of the Biden Administration!

🇺🇸Due Process Forever!

PWS

09-07-21

👸👑🛡⚔️NDPA WARRIOR QUEEN DEBI SANDERS HONORED BY CATHOLIC CHARITIES!

Debi Sanders
Debi Sanders ESQ
“Warrior Queen” of the NDPA
PHOTO: law.uva.edu

Debi Sanders, who was nominated for Catholic Charities USA Volunteer of the Year. Since her retirement from Immigration Legal Services (ILS) in April 2014, Sanders has continued to demonstrate a commitment to fairness in the immigration system as an ongoing volunteer with ILS. She was instrumental in setting up a robust pro bono program and establishing the immigration program’s partnership with the Family Justice Center in Rockville. Her volunteer efforts have been essential to ILS’s fundraising efforts, as she has secured donations from an extensive network of supporters. Her spirit of giving shows in other ways, as well. She knits sweaters, blankets and scarfs for ILS staff, volunteers and interns, and she has had been a mentor for many ILS interns.

 

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Congratulations, my friend and colleague!😎👍🏼

This only scratches the surface of Debi’s contributions to due process and humanity: Helping to identify, inspire, and recommend diverse progressive judicial, candidates for both the Article III Courts and the Immigration Courts; locating pro bono counsel for amicus briefs; supporting and fund-raising for progressive political candidates with social justice platforms; strategizing pro bono litigation; being part of the NDPA “brain trust;” reinforcing the Judeo-Christian ethical commitment to immigrants and the most vulnerable among us are just a few of the other ways in which Debi contributes to the never ending battle for social and racial justice in America! 

It’s an honor to know you and have you for a friend, Deb! I feel like we “grew up together” — from my INS General Counsel days, to private practice/AILA, to the BIA, to the Arlington Immigration Court, and into “retirement” with the NDPA! Deb has always been there! When I was the “Mentor Judge” @ Arlington, Deb was a “regular” at our “career day brown bag” for JLCs and interns! They were always inspired by her career example — “living your values in the law,” as one intern described it! She truly has been, and continues to be, a courageous role model for new and aspiring attorneys!

Due Process Forever!

PWS

04-21-21

NDPA RESOURCES: “Law You Can Use” From All-Star Practitioners Jason Dzubow and David Cleveland – How To Use The COVID-19 “Lull” To Improve Your Client’s Chances of Winning Asylum! ⚖️⚖︎  😎

Jason Dzubow
Jason Dzubow
The Asylumist

https://www.asylumist.com/2020/04/16/what-you-can-do-while-courts-are-closed-get-a-copy-of-your-file/

 

From The Asylumist:

 

Have an asylum case in Immigration Court and wondering what to do while the courts are closed? My friend David L. Cleveland has a suggestion: Get a copy of your file from the Asylum Office. David is a lawyer in Washington, DC. He has secured asylum or withholding for people from 48 countries. He can be reached at 1949.david@gmail.com.

In most cases, when an asylum applicant has their case denied at the Asylum Office, the case is referred to Immigration Court. There, Immigration Judges sometimes deny asylum because the applicant is deemed incredible. The applicant has told the Asylum Officer one thing, but then tells the Judge something different. There are many examples of Judges being annoyed by inconsistent asylum applicants–

  • In a New York case, the applicant was inconsistent concerning the location of children and where she was raped. Kalala v. Barr,2020 U.S. App. LEXIS 8320 (2nd Cir. 2020).
  • in a California case, the applicant was inconsistent concerning the name of a police station. In this case, the Asylum Officer’s notes were shown to applicant for the first time during the Individual Hearing. Sun v. Barr, 2020 U.S. App. LEXIS 5397 (9th Cir. 2020).
  • In an Ohio case, the applicant testified to being beaten inside a church. When she asked about how many members of the church were present at the time, she first said 15. Later, she testified that six church members were present. Onoori v. Barr,2019 U.S. App. LEXIS 21310 (6th Cir. 2019).
David Cleveland ESQUIRE
David Cleveland ESQUIRE

Now that he has a copy of his client’s file, David Cleveland is finally able to relax.

 

More generally, Immigration Judges are very interested in what Asylum Officers do and write. In a case decided in 2019, the phrase “Asylum Officer” is used 32 times. Qiu v. Barr,944 F.3d 837 (9th Cir. 2019). In a 2018 case, the phrase “Asylum Officer” is mentioned 57 times, and “notes” (referring to the Officer’s notes from the asylum interview) was mentioned several times. Dai v. Sessions,884 F.3d 858 (9th Cir. 2018). In another case, from 2014, an Asylum Officer named “Kuriakose” is mentioned 15 times. Li v. Holder,745 F.3d 336 (8th Cir. 2014).

In these cases, asylum applicant’s were deemed not credible because their Court testimony was inconsistent with their testimony at the Asylum Office. Most likely, the applicants did not have a record of what they told the Asylum Officer, and of course, since years pass between an asylum interview and an Individual Hearing, it is difficult to remember what transpired at the Asylum Office.

How can I prevent surprise in Immigration Court?

When an Asylum Officer interviews an applicant, the Officer takes detailed notes. Often, these run to 10 pages or more. Later, in consultation with his supervisor, the Officer writes an “Assessment to Refer” or an “Assessment to Grant.” This document is usually three or four pages long. If the case is referred to Court, these notes do not go to the Immigration Judge. However, they are sent to the DHS attorney (the prosecutor), who can review them and look for inconsistencies. At the Individual Hearing, the DHS attorney can use the notes to impeach an applicant’s credibility (“At the asylum interview, you testified that there were 15 people present in the church when you were beaten, but now you say there were only six. Were you lying then, or are you lying now?”).

Asylum Officers sometimes make mistakes or include unexpected information in their notes. They find some sources of information important and ignore other sources. In short, there is a subjective element to these notes that can sometimes work against the applicant and cause surprises in Immigration Court. And, as any attorney will tell you, surprises in Court are usually bad news.

To avoid a surprise in Court, and to find out what the officer wrote, the advocate should make a Freedom of Information Act (“FOIA”) request for the notes and the Assessment. Asylum Officer notes are easily available via FOIA. To obtain this information, type your request on a single piece of paper: “Give me the notes and assessment of the asylum officer.” State your name, date of birth, place of birth, address, Alien number, and sign under penalty of perjury. You do not need a lawyer; you do not need Form G-639, although you are allowed to use that form. Send your request via email to: uscis.foia@uscis.dhs.gov

In January 2020, I received the entire Asylum Officer assessment for an asylum applicant from Congo. The client and I are now more relaxed and confident about the case. We will not be surprised in Immigration Court. You can read this assessment at the FOIA page of the Louise Trauma Center.  A model FOIA request can also be found at the same page.

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Take it from me, as someone who has presided over hundreds of asylum hearings, this is great advice from two of the best to set foot in my courtroom!

As I always said in my my “mini lectures” on “Presenting an Asylum Case in Immigraton Court:”  “Beware and Be Prepared!” Preparation, preparation, preparation! It’s what wins cases (and appreciation from “the bench”).

 

Thanks, guys!😎👍

 

PWS

 

04-16-20