Category: Elizabeth Gibson

THE GIBSON REPORT — 1–22-18 — Compiled By Elizabeth Gibson, Esq., NY Legal Assistance Group

  2. TOP UPDATES

  4. Matter Of M-A-C-O-: BIA Issues Published Decision Regarding Asylum Jurisdiction And Unaccompanied Children

  5. NIJC: After reviewing the statutory definition of a UIC, which includes as an element of the definition, being under 18 years of age, the BIA determined that the respondent was not a UIC at the time he filed for asylum and therefore the immigration court properly exercised initial jurisdiction over his asylum application.

  7. Validity period of Form I-693, Report of Medical Examination and Vaccination Record.

  8. USCIS: The updated policy, which goes into effect on Nov. 1, 2018, will require applicants to submit a Form I-693 that is signed by a civil surgeon no more than 60 days before filing the underlying application for an immigration benefit. The Form I-693 would remain valid for a two-year period following the date the civil surgeon signed it.

  10. ICE Appears To End Use Of Federal Prisons For Immigrant Detainees

  11. NPR: In early June, the agency announced it was sending up to 1,600 immigrant detainees to five federal prisons in Texas, Oregon, California, Washington, and Arizona. But now, a total of only three ICE detainees remain across the five prisons that once held hundreds of immigrants. Immigrant detainees left the federal prisons either because they were deported, transferred to civil detention facilities, or were granted bail

  13. Jeff Sessions Is Quietly Transforming the Nation’s Immigration Courts

  14. Atlantic: The attorney general has stepped up the hiring of immigration judges, ordered them to hear more cases, and shown a preference for those who’ve previously been prosecutors.

  16. New Court Filing Highlights the Government’s Official “Turnback Policy” for Asylum Seekers

  17. AIC: For years, the federal government has attempted to partner with local communities on immigration enforcement, raising a host of problems. Despite this dark legacy, the Trump administration continues to pursue a significant expansion of these partnerships.

  19. ICE subpoenas immigration lawyer in leak hunt

  20. SF Chronicle: The Trump administration has subpoenaed an immigration attorney in an attempt to determine who leaked an internal memo that laid out how Immigration and Customs Enforcement should implement Attorney General Jeff Sessions’ decision to restrict political asylum for victims of domestic violence and gang crimes. The attorney said he doesn’t intend to reveal his sources or any other information about how he obtained the memo.

  22. U.S. courts abruptly tossed 9,000 deportation cases.

  23. Reuters: The Supreme Court ruled that paperwork failing to designate a time and place didn’t constitute a legal notice to appear in court. The ruling sparked a frenzy of immigration court filings. Over ten weeks this summer, a record 9,000 deportation cases, including Barrios’, were terminated as immigration attorneys raced to court with challenges to the paperwork their clients had received, a Reuters analysis of data from the Executive Office for Immigration Review shows.

  25. Trump Threatens to Punish Honduras Over Immigrant Caravan

  26. NYT: President Trump threatened on Tuesday to withhold aid from the Honduran government if it did not halt a mass migration of more than 1,500 people, mainly from Honduras, who crossed into Guatemala this week, many with the intention of reaching the United States. See also DOS Secretary and Mexican Foreign Affairs Secretary Deliver Remarks on Caravan of Honduran Migrants.

  28. Follow the trek of Venezuelan migrants fleeing on foot

  29. AP: About 1.9 million Venezuelans have fled their collapsing nation since 2015 in one of the largest migrations in the world in recent years. The most desperate cannot afford a bus or plane ticket, and so they risk their lives to escape on foot. Every day, more than 650 migrants start on the walk out of Venezuela.

  31. Businesses could be surprised by Trump plan to limit immigrant use of benefits

  32. Politico: “I don’t think the business community has any clue how much this impacts them,” said Doug Rand, a former Obama administration official and president of Boundless Immigration, a firm that uses online tools to assist with immigration paperwork. “This means paying lawyers a lot more money and having every application being a nail-biter.”… The temporary visa holders subject to new questions about benefit use include those using the H-1B program for skilled workers, the H-2A program for agricultural workers, and the H-2B program for seasonal, non-agricultural workers.

  34. The Government Has Decided It Was A Bad Idea To Ask Immigration Attorneys To Submit To A Credit Check

  35. Buzzfeed: The Trump administration is discontinuing the use of a form to vet attorneys for immigrant children that asked the attorneys to agree to a background check of their credit history, insurance, and information about their “personal characteristics” and “mode of living.”

  37. Terrible and Terrifying: Marriage Interviews Become Another Cog in the Deportation Machine

  38. AILA: AILA Executive Director Ben Johnson highlights the growing number of cases where ICE seizes people during the marriage interview component of their immigration application process, an interview required to pursue the legal status which would protect them. AILA Doc. No. 18101830

  40. Immigrant detained delivering pizza to Army base, arrested after domestic incident in Hempstead

  41. ABC: He was arraigned in court on Saturday and ordered held on $500 bail. He is due back in court on Tuesday. He is charged with criminal mischief in the fourth degree.

  42.  

  43. LITIGATION/CASELAW/RULES/MEMOS

  45. Justice Department Is Illegally Failing to Publicly Post Thousands of Decisions in Immigration Cases

  46. NYLAG: The federal government is illegally failing to publicly post thousands of final orders and opinions in immigration cases and should be ordered to post them online, the New York Legal Assistance Group (NYLAG) said in a lawsuit filed today by attorneys at NYLAG and Public Citizen.

  48. Attorney General referred Matter of Negusie to himself for review

  49. Negusie is the case that held “An applicant who is subject to being barred from establishing eligibility for asylum or withholding of removal based on the persecution of others may claim a duress defense, which is limited in nature.”

  51. American Immigration Center Settles with FTC on Government Imposter Allegations

  52. FTC: The Federal Trade Commission filed a complaint today against defendants Forms Direct, Inc., also known as American Immigration Center, and owner Cesare Alessandrini, alleging that they falsely implied that their websites were affiliated with U.S. Citizenship and Immigration Services (USCIS). The defendants allegedly used such deception since 2010 to sell immigration form preparation services to consumers, many of whom were attempting to reach the government site to renew their green cards or apply for naturalization. The FTC’s settlement bars the defendants from continuing their misleading business practices and requires them to pay $2.2 million to compensate consumers.

  54. EOIR Announces Opening of Conroe Immigration Court

  55. EOIR announced the opening of an immigration court in the DHS/ICE contract detention facility in Conroe, Texas. While there will no longer be an immigration court at the Houston Service Processing Center at 5520 Greens Road, EOIR will continue to operate a hearing location there. AILA Doc. No. 18101540

  57. DOJ Announces Record Arrests for Felony Illegal Re-entry and Misdemeanor Illegal Entry

  58. DOJ announced that during FY2018, there was a 38% increase over FY2017 of defendants charged with felony illegal re-entry (23,400) and a 86% increase over FY2017 of defendants charged with misdemeanor illegal entry (68,400). AILA Doc. No. 18101960

  60. ORR Request for Comments on “Sponsorship Review Procedures for Approval for Unaccompanied Alien Children” Information Collection

  61. Notice clarifying that the Office of Refugee Resettlement is seeking public comments on its “Sponsorship Review Procedures for Approval for Unaccompanied Alien Children” information collection. Comments are best assured of having their full effect if received within 30 days. (83 FR 52221, 10/16/18) AILA Doc. No. 18101672

  63. AILA, Others File Amicus Brief Arguing Term “Crime Involving Moral Turpitude” Unconstitutionally Vague

  64. AILA, along with several other organizations, filed an amicus brief with the Ninth Circuit Court of Appeals in Martinez-De Ryan v. Sessions arguing that the term “crime involving moral turpitude” is unconstitutionally vague. AILA Doc. No. 18101702

  66. AILA and the Council File Amicus Brief on Bond Eligibility in Withholding-Only Proceedings

  67. AILA and the American Immigration Council filed an amicus brief with the Fourth Circuit Court of Appeals in Guzman Chavez v. Hott. The brief argues that respondents in withholding-only proceedings are governed by INA §236(a), and thus eligible for a bond hearing. AILA Doc. No. 18101700

  69. USCIS Reissues Receipt Notices for Extensions of Conditional Permanent Resident Status

  70. USCIS announced that starting on 10/16/18, it began issuing new receipt notices for certain Forms I-751, Petition to Remove Conditions on Residence, to replace previously issued receipt notices containing inaccurate information. AILA Doc. No. 18101800

  72. Board of Immigration Appeals Practice Manual (10/16/18)

  73. The Board of Immigration Appeals (BIA) provided an updated Practice Manual (last revised on October 16, 2018). This manual describes procedures, requirements, and recommendations for practice before the BIA. AILA Doc. No. 18101970

  75. RESOURCES

  76.  

  1.  
  2. EVENTS
  3.  
  2. ImmProf
  4. Sunday, October 21, 2018
  1. Saturday, October 20, 2018
  1. Friday, October 19, 2018
  1. Thursday, October 18, 2018
  1. Wednesday, October 17, 2018
  1. Tuesday, October 16, 2018
  1. Monday, October 15, 2018

  2. AILA NEWS UPDATE

  3.  

  4. http://www.aila.org/advo-media/news/clips

  5. ***********************************************

Thanks, Elizabeth, as always, for all you do!

PWS

10-26-18

 

Related posts:

  1. THE GIBSON REPORT – 07-02-18 – COMPILED BY ELIZABETH GIBSON, ESQUIRE, NY LEGAL ASSISTANCE GROUP
  2. KEEP UP TO DATE WITH ALL OF THE REGIME’S LATEST ANTI-IMMIGRANT SCHEMES, GIMMICKS, & SHENANIGANS – THE GIBSON REPORT – 01-06-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  3. THE GIBSON REPORT — 10-05-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Federal Judge Rules Trump Not A Monarch; More Intentional Cruelty, Lies, & Threats Of Politically-Inspired Racist Attacks On Ethnic Communities From DHS; Trump Regime Dumps On Refugees & Commies; Cert. Granted In Credibility Case Apparently Seeking To Screw Refugees At Request Of SG; & Other “Interesting & Sometimes Disturbing Stuff”⚖️
  4. THE GIBSON REPORT — 11-23-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal,Assistance Group —  Court Losses, Rebukes Pile Up For Loser Scofflaw White Nationalist Regime — But Cruelty, Stupidity, & Sabotage Of Democracy Still On The Agenda For Defeated Kakistocracy!🏴‍☠️☠️⚰️👎🏻

THE GIBSON REPORT – 10-15-18 – Compiled By Elizabeth Gibson, Esq., NY Legal Assistance Group

TOP UPDATES

 

Argument analysis: Are there limits to the government’s power to detain immigrants without a hearing?

SCOTUSblog: On Wednesday, the Supreme Court heard oral argument in the case of Nielsen v. Preap… Although retired Justice Anthony Kennedy voted against the government in Pereira and might therefore have been expected to do the same here, his replacement by Kavanaugh may not determine the outcome in this case. Both Chief Justice John Roberts and Justice Neil Gorsuch also came down on the side of the immigrant in Pereira. It is not yet clear where those two justices stand on this case.

 

‘Trump … blinked, Seattle won,’ Durkan says as police get federal funds despite ‘sanctuary city’ threats

Seattle Times: The Trump administration, after threatening to withhold funds for Seattle in retaliation for the city’s immigration policies, has agreed to hand over the money, according to Mayor Jenny Durkan and City Attorney Pete Holmes. Seattle and nearby jurisdictions have been approved for $657,975 in Justice Assistance Grant funds, the U.S. Department of Justice said in an Oct. 10 letter to the city.

 

I’m Terrified About The Future of Home Health Care Aides – You Should Be Too

ImmProf: One-in-four of all home health aides nationwide are immigrants, according to Forbes. But the new “public charge” regs may affect the ability of noncitizen aides to continue in this line of work. Why? Because the pay is so low for this type of care, many aides rely on public supports like food stamps and Medicare.

 

Trump says he is considering a new family separation policy at U.S.-Mexico border

WaPo: Trump said the soaring number of illegal border crossings is “a terrible situation” and argued that family separations likely would help scare away some undocumented migrants from trying to enter the United States.

 

Immigrant Teens Are Stuck In An Expanding Tent City In Texas

BuzzFeed: It opened in June, and the contractor running the site had a 30-day contract. At that time, 326 children were being housed there. But four months after its opening, the shelter 30 miles outside of El Paso has grown into a bustling town. It now holds nearly five times its initial population — roughly 1,500 teens — and its contract has been extended until at least Dec. 31.

 

The US Is Checking Immigrant Kids’ Teeth To See If They Actually Belong In Adult Detention

VICE: Young immigrants, though, don’t always come with birth certificates or other documentation of their age. When that’s the case, ORR contractors and ICE sometimes turn to a highly disputed science to determine how old the immigrants are: forensic odontology.

 

Profiling Who ICE Detains – Few Committed Any Crime

TRAC: The vast majority (58%) of individuals in ICE custody June 30 had no criminal record. An even larger proportion—four out of five—either had no record, or had only committed a minor offense such as a traffic violation

 

New American Fortune 500 in 2018: The Entrepreneurial Legacy of Immigrants and Their Children

NAE: We find 44 percent—or 219 companies—in the Fortune 500 were founded by immigrants or their children. A full 100, or one out of every five, were founded by foreign-born individuals while another 119 were founded by the children of immigrants.

 

Army expelled 500 immigrant recruits in 1 year

AP: Over the course of 12 months, the U.S. Army discharged more than 500 immigrant enlistees who were recruited across the globe for their language or medical skills and promised a fast track to citizenship in exchange for their service, The Associated Press has found.

 

G.O.P. Finds an Unexpectedly Potent Line of Attack: Immigration

NYT: “Sanctuary attacks pack a punch,” says a four-page memorandum, prepared by the liberal Center for American Progress and the centrist think tank Third Way, that has been shared at about a dozen briefings for Democrats in recent weeks. The New York Times obtained a copy of the memo, whose findings are based on interviews and surveys conducted over the summer.

 

Challenging the Constitutionality (or Legality) of Stipulated Removal Orders Issued Between 1997 and 2012 in Reinstatement and 8 U.S.C. §1326 Cases

Sharma-Crawford: [S]tarting at least as early as 1997, as part of a mass scheme to remove individuals from the United States quickly and without due process protections, the federal government duped and coerced individuals into waiving their rights and agreeing to accept stipulated removal orders…In one particular jurisdiction – Kansas City, Missouri – immigration officials, with the assistance of one nonprofit attorney from Legal Aid, engaged in a scheme to help DHS obtain thousands of removal orders with “no advocacy…[and]…no opposition to the government’s action to deport these individuals.”

LITIGATION/CASELAW/RULES/MEMOS

 

Class Notice and Proposed Settlement Agreement Regarding Immigration Procedures for Families Separated at the Border

Attached are copies of the class notice and proposed agreement to settle several lawsuits concerning the appropriate immigration procedures for migrant families separated after entering the United States: M.M.M. v. Sessions, Case No. 3:18-cv-1832-DMS (S.D. Cal.), M.M.M. v. Sessions, Case No. 1:18-cv-1835-PLF (D.D.C.), Ms. L. v. ICE, Case No. 3:18-cv-428-DMS (S.D. Cal.), and Dora v. Sessions, Case No. 18-cv-1938 (D.D.C.).  Judge Dana Sabraw of the Southern District of California preliminarily approved the proposed settlement agreement on October 9, 2018.  The agreement covers a class of parents and a class of children, as described more fully attached.

 

USCIS Notice of Proposed Rulemaking on Public Charge Ground of Inadmissibility

USCIS notice of proposed rulemaking to revise the regulations on the public charge ground of inadmissibility to define the term “public charge” and define the types of benefits that are considered in public charge inadmissibility determinations. Comments are due 12/10/18. (83 FR 51114, 10/10/18) AILA Doc. No. 18092430

 

BIA Holds That New York Statute Is Not a Controlled Substance Offense or Aggravated Felony

Unpublished BIA decision holds that criminal sale of a controlled substance in the fifth degree under N.Y.P.L 220.31 is not a controlled substance offense or aggravated felony under Harbin v. Sessions, 860 F.3d 58 (2d Cir. 2017). Special thanks to IRAC. (Matter of Diaz Vargas, 9/29/17)

AILA Doc. No. 18101200

 

BIA Reopens and Terminates Multiple Sets of Removal Proceedings

Unpublished BIA decision reopens and terminates two sets of proceedings sua sponte upon finding that carrying a weapon in a motor vehicle under Conn. Gen. Stat. 29-38 was neither a firearms offense nor an aggravated felony. Special thanks to IRAC. (Matter of Thorpe, 9/29/17) AILA Doc. No. 18101038

 

BIA Finds Respondent Did Not Breach Bond Conditions

Unpublished BIA decision holds that respondent did not breach bond conditions by moving out of state where note in IJ decision indicated that he had to remain at the address where he intended to move after his release. Special thanks to IRAC. (Matter of S-S-, 9/15/17) AILA Doc. No. 18101040

 

BIA Rescinds In Absentia Order Because NTA Was Sent to Non-Attorney

Unpublished BIA decision rescinds in absentia order because Notice to Appear was sent to an immigration consultant provided on a prior TPS application. Special thanks to IRAC. (Matter of Ascencio Martinez, 9/20/17) AILA Doc. No. 18101134

 

The Attorney General has issued a decision in Matter of M-G-G-, 27 I&N Dec. 475  (A.G. 2018).

AG: The named respondent in the case has been removed to Guatemala pursuant to a final order of removal. Given that the respondent is no longer in the United States, I will not review the Board’s determination that the respondent was eligible to be released on bond.

 

The Attorney Decision has issued a decision in Matter of M-S-, 27 I&N Dec. 476  (A.G. 2018).

AG:  I direct the Board of Immigration Appeals (“Board”) to refer this case to me for review of its decision…Whether Matter of X-K-, 23 I&N Dec. 731 (BIA 2005), which held that immigration judges may hold bond hearings for certain aliens screened from expedited removal proceedings under section 235(b)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1225(b)(1), into removal proceedings under section 240, 8 U.S.C. § 1229a, should be overruled in light of Jennings v. Rodriguez, 138 S. Ct. 830 (2018).

 

DHS Issues Waiver to Expedite Border Wall Gate Construction Project in Texas

DHS issued a waiver with the stated purpose of ensuring “the expeditious construction of gates in existing wall structure near the international border in the state of Texas.” The waiver was published in the Federal Register on 10/10/18. AILA Doc. No. 18101170

 

ICE Provides Information on Its Basic Immigration Enforcement Training Program

ICE provided information on its training program for deportation officers, stating that its 16 weeks long and includes background on removal proceedings and a 25-day Spanish language course. Graduation is mandatory before prospective deportation officers can enforce immigration laws. AILA Doc. No. 18101171

 

USCIS Issues Policy Alert on Marriage and Living in Marital Union Requirements for Naturalization

USCIS is updating policy guidance in the USCIS Policy Manual to clarify the married and living in marital union requirements for naturalization under INA §319(a). Updated guidance is effective immediately and comments are due by 10/25/18. AILA Doc. No. 18101230

 

 

RESOURCES

EVENTS

 

ImmProf

 

Monday, October 15, 2018

Sunday, October 14, 2018

Saturday, October 13, 2018

Friday, October 12, 2018

Thursday, October 11, 2018

Wednesday, October 10, 2018

Tuesday, October 9, 2018

Monday, October 8, 2018

 

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

Thanks, Elizabeth!

 

PWS

10-16-18

Related posts:

  1. THE GIBSON REPORT — 04-29-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  2. KEEP UP TO DATE WITH ALL OF THE REGIME’S LATEST ANTI-IMMIGRANT SCHEMES, GIMMICKS, & SHENANIGANS – THE GIBSON REPORT – 01-06-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  3. THE GIBSON REPORT — 10-05-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Federal Judge Rules Trump Not A Monarch; More Intentional Cruelty, Lies, & Threats Of Politically-Inspired Racist Attacks On Ethnic Communities From DHS; Trump Regime Dumps On Refugees & Commies; Cert. Granted In Credibility Case Apparently Seeking To Screw Refugees At Request Of SG; & Other “Interesting & Sometimes Disturbing Stuff”⚖️
  4. THE GIBSON REPORT — 11-23-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal,Assistance Group —  Court Losses, Rebukes Pile Up For Loser Scofflaw White Nationalist Regime — But Cruelty, Stupidity, & Sabotage Of Democracy Still On The Agenda For Defeated Kakistocracy!🏴‍☠️☠️⚰️👎🏻

THE GIBSON REPORT – 10-09-18– Compiled By Elizabeth Gibson, Esq., NY Legal Assistance Group

THE GIBSON REPORT – 10-09-18– Compiled By Elizabeth

Gibson, Esq., NY Legal Assistance Group

 

 

TOP UPDATES

 

Nielsen v. Preap will determine whether thousands of longtime U.S. residents face indefinite detention without a hearing.

The Atlantic: The stakes are higher in a Supreme Court case to be heard [] Wednesday. Nielsen v. Preap may determine whether thousands of longtime residents of the U.S. face indefinite detention without a hearing…Nielsen v. Preap will be heard by eight of the justices who decided Jennings—joined by the newly confirmed Justice Brett Kavanaugh.

 

An ICE Memo Lays Out The Differences Between Trump And Obama On Immigration Enforcement

BuzzFeed: Attorneys for Immigration and Customs Enforcement were restricted from granting reprieves for certain immigrants facing deportation, ordered to review and potentially reopen previously closed cases, and told that nearly all undocumented immigrants were priorities for deportation, according to a previously unreleased memo obtained by BuzzFeed News.

Judge Temporarily Blocks Termination of TPS for El Salvador, Haiti, Nicaragua, and Sudan

U.S. District Judge Edward Chen granted the plaintiff’s motion for preliminary injunction, stopping the termination of TPS for immigrants from El Salvador, Haiti, Nicaragua, and Sudan. The preliminary injunction is effective immediately. (Ramos et al. v. Nielsen et al, 10/3/18) AILA Doc. No. 18092833

 

USCIS Provides Q&As from Teleconference on Updated NTA Policy Guidance

USCIS: representatives provided an overview of the memorandum and addressed many questions submitted in advance. Highlights include: Q6, Q12, Q15, Q33, Q50, Q62, and Q63.

 

USCIS Policy Update on Issuing RFEs and NOIDs

USCIS: representatives provided an overview of the memorandum and addressed many questions submitted in advance by the CISOMB… this PM does not change the RFE

and NOID policies and practices that apply to the adjudication of DACA and DACA-related requests. This PM also will not impact asylum, refugee, and NACARA cases because of existing regulatory and policy guidance specific to those requests… For certain filings, an RFE is necessary (updated taxes for a Form I-864; medical exam for a long pending adjustment of status case).


Leaked Report Shows Dysfunction Of Baltimore’s Immigration Court

VICE: But Maryland, with its more than 34,000 pending cases, has the fastest-growing backlog, largely because its sole immigration court, the Baltimore Immigration Court, is one of the most beleaguered and understaffed in the country, according to a confidential Department of Justice review obtained by VICE News.

 

Trump stops granting visas to same-sex partners of U.N. officials

VICE: The policy change came into effect this week and will impact staff at organizations such as the United Nations, the World Bank, and the International Monetary Fund. The administration originally flagged the new policy back in July…Foreign partners currently in the U.S., and who wish to remain in the country, have been given until the end of the year to submit proof of marriage to the State Department or face being forced to leave within 30 days.

 

U.S. citizens applying for green cards for noncitizen spouses see growing waits

NBC: Anastasia Tonello, president of the American Immigration Lawyers Association, said she believes Trump administration policy changes are responsible in part for fueling delays by creating more work for immigration officers.

 

Inspectors Find Nooses in Cells at Immigration Detention Facility

NYT: Migrants imprisoned at the country’s largest privately-run adult immigration detention facility manage to regularly hang “nooses” fashioned from bedsheets in their cells, according to a report by federal inspectors made public on Tuesday.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Another Setback for Trump Administration in Sanctuary Case

ImmProf: In an order released on Friday, a federal judge in California struck down an immigration law that the Trump administration has used to go after cities and states that limit cooperation with immigration officials. The ruling by District Judge William Orrick also directed the U.S. Department of Justice to give California $28 million that was withheld over the state’s immigration policies.

 

BIA Reopens Proceedings for Respondent Who Meets Requirements for “U” Visa

Unpublished BIA decision reopens proceedings sua sponte in light of USCIS letter stating that respondent satisfied the requirements for “U” nonimmigrant status but a visa was not yet available. Special thanks to IRAC. (Matter of Patel, 9/15/17) AILA Doc. No. 18100500

 

BIA Dismisses Respondent’s Appeal and Discusses §18.5 of the California Penal Code

The BIA found that the amendment to §18.5 of the California Penal Code, which retroactively lowered the maximum possible sentence from 365 days to 364 days, does not affect the applicability of INA §237(a)(2)(A)(i)(II). Matter of Velasquez-Rios, 27 I&N Dec. 470 (BIA 2018) AILA Doc. No. 18100570

 

USCIS Advance Copy of Proposed Regulations on Public Charge Ground of Inadmissibility

USCIS advance copy of a notice of proposed rulemaking to revise the regulations on the public charge ground of inadmissibility. The notice of proposed rulemaking will be published in the Federal Register on 10/10/18, and comments will be due 60 days from the date of publication. AILA Doc. No. 18092430

 

USCIS 60-Day Notice and Request for Comment on Proposed Revisions to Form I-912, Request for Fee Waiver

USCIS 60-day notice and request for comment on proposed revisions to Form I-912, Request for Fee Waiver. The proposed changes would remove the receipt of a means-tested benefit as a criterion for receipt of a fee waiver. Comments are due 11/27/18. (83 FR 49120, 9/28/18) AILA Doc. No. 18092870

 

DHS OIG: Results of Unannounced Inspections of Conditions for Unaccompanied Children in CBP Custody

DHS OIG issued a report based on visits between June 26, and 28, 2018, by an OIG team to nine CBP facilities in McAllen and El Paso, Texas, including five Border Patrol stations and four OFO ports of entry. DHS OIG found that children were held longer than the 72 hours generally permitted by law. AILA Doc. No. 18100203

 

USCIS Announces the Use of Tablets During Naturalization Interviews

Posted 10/4/2018

USCIS announced that on 10/1/18, USCIS began using digital tablets to administer the English reading and writing tests during naturalization interviews.

AILA Doc. No. 18100434

 

USCIS Notice of Reestablishment of Matching Program for Receipt of Federal Benefits in California

USCIS notice of the reestablishment of the ‘‘Verification Division DHS–USCIS/CA–DSS’’ computer matching program, which will be used to determine whether benefit applicants in California possess the requisite immigration status to be eligible for the TANF and SNAP programs. (83 FR 50672, 10/9/18) AILA Doc. No. 18100900

 

CBP Statement on Canada’s Legalization of Marijuana and Crossing the Border

CBP released a statement on Canada’s legalization of marijuana, stating that “working in or facilitating the proliferation of the legal marijuana industry in U.S. states where it is deemed legal or Canada may affect admissibility to the U.S.” AILA Doc. No. 18100804

 

RESOURCES

EVENTS

 

ImmProf

 

Tuesday, October 9, 2018

Monday, October 8, 2018

Sunday, October 7, 2018

Saturday, October 6, 2018

Friday, October 5, 2018

Thursday, October 4, 2018

Wednesday, October 3, 2018

Wednesday, October 3, 2018

Tuesday, October 2, 2018

Monday, October 1, 2018

 

AILA NEWS UPDATE

http://www.aila.org/advo-media/news/clips

 

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

Thanks, Elizabeth!

 

PWS

10-12-18

 

 

Related posts:

  1. THE GIBSON REPORT 04-22-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  2. KEEP UP TO DATE WITH ALL OF THE REGIME’S LATEST ANTI-IMMIGRANT SCHEMES, GIMMICKS, & SHENANIGANS – THE GIBSON REPORT – 01-06-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  3. THE GIBSON REPORT – 09-29-20 – Compiled by Elizabeth Gibson, Esquire, NY Legal Assistance Group – Another Tone-Deaf, Far Right Justice; Higher Fees For Worse Service; Detained Until Dead (“DUD Policy”)☠️⚰️; Dumping On International Students; & Other Nation-Destroying 🏴‍☠️News From The Trump Regime Twilight Zone! 
  4. THE GIBSON REPORT — 10-05-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Federal Judge Rules Trump Not A Monarch; More Intentional Cruelty, Lies, & Threats Of Politically-Inspired Racist Attacks On Ethnic Communities From DHS; Trump Regime Dumps On Refugees & Commies; Cert. Granted In Credibility Case Apparently Seeking To Screw Refugees At Request Of SG; & Other “Interesting & Sometimes Disturbing Stuff”⚖️

THE GIBSON REPORT — 10-01-18 — Compiled By Elizabeth Gibson, Esq., NY Legal Assistance Project

TOP UPDATES

USCIS to Begin Implementing New Policy Memorandum on Notices to Appear

USCIS: USCIS will take an incremental approach to implement this memo… The June 2018 NTA Policy Memo will not be implemented with respect to employment-based petitions and humanitarian applications and petitions at this time. Existing guidance for these case types will remain in effect.

 

Proposed I-912 Fee Waiver Form Revision

USCIS: USCIS is proposing to revise our Form I-912, Request for Fee Waiver, to remove the receipt of means-tested benefits from the eligibility criteria… Eligibility for these benefits can vary from state to state, depending on the state’s income level guidelines.  As a result, individuals who would not otherwise qualify under the poverty-guideline threshold and financial hardship criteria have been granted fee waivers by USCIS.

 

EOIR Announces Largest Ever Immigration Judge Investiture

DOJ: The Executive Office for Immigration Review (EOIR) announces the investiture of 46 immigration judges, including two assistant chief immigration judges, marking for the second month in a row the largest class in the agency’s history. IJ bios here.

  • Samuel M. Factor, Immigration Judge, New York City Immigration Court
  • Brian T. Palmer, Immigration Judge, New York Immigration Court
  • Oshea Denise Spencer, Immigration Judge, New York City Immigration Court

 

AILA, CLINIC, and NILC Provides Update on FAM Changes to Public Charge

AILA, CLINIC, and NILC provided a summary of issues discussed during a 9/12/18 telephonic call with representatives from DOS concerning FAM changes and consulates’ public charge determinations and associated Form I-601A revocations. AILA Doc. No. 18092632

 

Which Immigration Cases Will the Supreme Court Hear This Term?

AIC: Although only one immigration case is currently scheduled to be heard, challenges to President Trump’s immigration policies will likely end up in front of the Court by the end of the term.

 

Policy Brief: S. 3478 Would Codify Cruelty Against Arriving Children

In this policy brief, AILA expresses its opposition to S. 3478, which would eviscerate long-standing legal standards and protections for immigrant children and families seeking asylum who arrive at the U.S. border. AILA Doc. No. 18092500

 

Tracking Over 2 Million ICE Arrests: A First Look

TRAC: Historically, the vast majority of ICE arrests occur when the agency assumes custody of immigrants from another law enforcement agency. Since Trump assumed office, roughly three out of four ICE arrests were what ICE refers to as “custodial” arrests…The remaining one-quarter (25%) were individuals arrested at their home, place of work, or elsewhere in the wider community including at courthouses or at DHS offices when the immigrant had appeared for an appointment.

 

New Immigration Policy Gives USCIS Adjudicators Full Discretion to Deny Cases Without Issuing RFE

AILA member Taymoor Pilhevar discusses USCIS’s policy memorandum issued on 7/13/18 on the rescission of the standing policy that RFEs and NOIDs must be issued before a denial is issued. AILA Doc. No. 18092730

 

Dozens of Doctors Who Screen Immigrants Have Record of ‘Egregious Infractions,’ Report Says

NYT: The report looked at more than 5,500 doctors across the country used by United States Citizenship and Immigration Services as of June 2017 to examine those seeking green cards. More than 130 had some background of wrongdoing, including one who sexually exploited female patients and another who tried to have a dissatisfied patient killed, the report said.

 

In the Face of a Shutdown, Trump and Congress Delay Border Wall Fight Until December

AIC: This continuing resolution sets up a potential major battle over immigration enforcement, border wall funding, and other immigration issues—which could all come to a head in the face of a December government shutdown.

 

An Illinois Priest Living Legally in the U.S. for 14 years Is Being Deported – Over a Single Vote He Shouldn’t Have Cast

WaPo: Boase was placed in removal proceedings last month, roughly a year after he admitted during his citizenship interview with U.S. Citizenship and Immigration Services that, yes, he once registered to vote, and yes, he once cast a vote.

LITIGATION/CASELAW/RULES/MEMOS

 

Class Action Lawsuit Filed Challenging Termination of TPS for El Salvador, Haiti, Nicaragua, and Sudan

The plaintiffs filed a class action suit and motion for preliminary injunction to force the government to preserve TPS for more than 200,000 individuals, stating that TPS terminations was unconstitutional and violated the Administrative Procedure Act. (Ramos et al. v. Nielsen et al, 3/12/18) AILA Doc. No. 18092833

 

CA9 Holds CBP Officer Is Not Entitled to Qualified Immunity and Holds BivensCan Be Extended

The court held that, taking the facts as alleged in the complaint, CBP officer is not entitled to qualified immunity due to violation of clearly established unreasonable seizure, and can be subject to a Bivens claim by mother of the deceased. (Rodriguez v. Swartz, 8/7/18) AILA Doc. No. 18092534

 

CA9 Holds BIA Erred in Denying Cancellation Based on Incorrect Application of Categorical and Modified Categorical Approaches for CIMT

The court held BIA erred in concluding OR witness tampering statute was categorically CIMT and that statute was not divisible; under modified categorical approach, court found statute was divisible and applicable subsection also not categorically CIMT. (Vasquez-Valle v. Sessions, 8/10/18) AILA Doc. No. 18092536

 

C.D. Cal. Grant Injunctive and Declaratory Relief Pursuant to FloresSettlement

Plaintiffs seek class certification to have ORR policies/practices be declared unlawful and to enjoin due process violations in evaluating fitness of custodians, placement in secure facilities, administering psychotropic drugs, and lack of access to counsel. (Lucas R. v. Azar, 6/29/18) AILA Doc. No. 18092670

 

C.D. Cal. Grants Class Certification to Certain Cambodian Nationals Affected by New ICE Re-Detention Policy

The court granted class certification to putative class of 1900 individuals subject to an October 2017 ICE policy of re-detention without notice or individual analysis to determine necessity of re-detention; class seeks injunctive and declaratory relief. (Chhoeun v. Marin, 8/14/18) AILA Doc. No. 18092537

 

C.D. Cal. Receives APA and Mandamus Complaint of Honorably Discharged Noncitizen Vet Who Claims Unreasonable Delay in Naturalization Application

Complaint alleges unreasonable delay of naturalization application that was part of DOD’s MANVI program; seeks mandamus compelling government action. Lack of adjudication within normal processing times and under policies to expedite military applications violate APA. (Sea v. DHS, 7/19/18) AILA Doc. No. 18092701

 

E.D. Wash. Grants Motion to Dismiss, Holds IJ Deportation Decision Void for Lack of Proper Notice Due to Deficient NTA

The court found that despite a timely delivery to hearing due to being in custody, defendant was deprived of proper notice because NTA failed to state time and date of hearing; IJ, thus, had no jurisdiction to enter deportation order. (U.S. v. Virgen-Ponce, 7/26/18) AILA Doc. No. 18092731

 

W.D. Wash. Grants Summary Judgment for Noncitizen’s APA Claim, Reinstates LPR Status Until Removal Proceedings Are Complete

The court held that revocation of green card/LPR status as void ab initio outside of INA’s five-year rescission period without a hearing was a due process violation and an agency action “not in accordance with law”; ordered status reinstated until hearing complete. (Lai v. U.S., 7/17/18) AILA Doc. No. 18092702

 

  1. N.J. Grants TRO to Stay Removal and Habeas to Release Petitioner from Detention While Pursuing Provisional Unlawful Presence Waiver

The court held that detention and attempted deportation of petitioner while he pursued a provisional unlawful presence waiver violated the APA and Fifth Amendment. Formal opinion forthcoming. (Martinez v. Nielsen, 8/3/18) AILA Doc. No. 18092601

 

CA DC Reverses and Remands, Vacating USCIS Determination that USC Lacked “Intention” to Relinquish U.S. Nationality

The court held USCIS did not properly interpret “intention” in 8 USC §1481(a), stating that a USC’s potential inability to leave and be admitted elsewhere did not mean USC lacked “intention” to relinquish nationality under the domestic-renunciation provision. (Kaufman v. Nielsen, 7/20/18) AILA Doc. No. 18092602

 

DHS OIG Finds USCIS’s Medical Admissibility Screening Process Needs Improvement

DHS OIG found that USCIS has inadequate controls for verifying that foreign nationals seeking LPR status met health-related standards for admissibility. DHS OIG made recommendations that, when implemented, will improve USCIS selection and oversight of physicians and its review of medical forms. AILA Doc. No. 18092573

 

USCIS Issues Policy Alert on Special Naturalization Provisions for Children

USCIS issued a policy alert updating the USCIS Policy Manual with guidance to clarify certain special naturalization provisions for children. This guidance is effective 9/26/18, and is controlling and supersedes any prior guidance. Comments are due by 10/9/18. AILA Doc. No. 18092605

 

Congress Urges DHS Inspector General to Investigate Allegations of Coercion and Abuse Against Separated Immigrant Parents

On 9/26/18, members of the House and Senate sent a letter to the Department of Homeland Security’s Acting Inspector General, urging for an investigation of allegations of coercion and abuse by DHS officers against immigrant parents separated from their children at the border. AILA Doc. No. 18092633

 

RESOURCES

EVENTS

 

ImmProf

 

Monday, October 1, 2018

Sunday, September 30, 2018

Saturday, September 29, 2018

Friday, September 28, 2018

Thursday, September 27, 2018

Wednesday, September 26, 2018

Tuesday, September 25, 2018

Monday, September 24, 2018

 

AILA NEWS UPDATE

http://www.aila.org/advo-media/news/clips

 

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

Thanks, Elizabeth!

Check out the “Litigation Section” to see how “real” Article III Courts continue to reject the legal arguments pushed by the Sessions DOJ.

Perhaps the “sleeper” here is US v. Virgen-Ponce, ED WA.  The District Judge rejected the BIA’s position in Matter of Bermudez-Cota, 27 I&N Dec. 441 (BIA 2018)  that a “Notice to Appear” that fails to specify the actual time, date, and place of hearing is sufficient to vest jurisdiction with an Immigration Judge.  The “boneheaded” position taken by the BIA and DHS under Sessions (rejecting the Supreme Court’s interpretation) could, if rejected by more Article III Courts and ultimately the Supremes, invalidate most of the 760,000 cases now pending in Immigration Court! Read my colleague Judge Jeffrey Chase’s outstanding blog about the BIA’s “dereliction of duty” in Matter of Bermudez-Cota, 27 I&N Dec. 441 (BIA 2018) http://immigrationcourtside.com/2018/09/02/hon-jeffrey-chase-on-how-the-bia-blew-off-the-supremes-matter-of-bermudez-cota-27-in-dec-441-bia-2018-is-the-bia-risking-docket-disaster-to/

While this is only one District Court, the legal argument is being pursued across the country. This could potentially effectively “invalidate” the entire Immigration Court System. Given the toxic, lawless actions of AG Jeff Sessions, a “complete restart” under a neutral and competent court-appointed “Special Master” could be the country’s only salvation until Congress establishes an independent Immigration Court that actually complies with our Constitution.

Given such a chance at restart, probably 60% -75% of today’s Immigration Court docket could be left off docket pending a rational legalization program of some type.

With a remaining docket of 200,000 to 350,000 cases that actually need to be litigated, and a more disciplined and professional DHS that respects court time and follows the same type of prosecutorial discretion guidelines as almost every other law enforcement agency in America, an independent Immigration Court with today’s number of Immigration Judges could actually  maintain an ideal 6-18 month “decision cycle” without building new backlog, and most importantly, without denying Due Process or fundamental fairness to anyone. It actually could  fulfill it’s once-stated (but forgotten under Bush and Obama and then trashed by Sessions) vision of “being the world’s best tribunals, guaranteeing fairness and Due Process for all.”

What a difference honest, rational administration that actually encouraged compliance with the laws (including asylum and other protection laws) and our Constitution, instead of mocking and violating them, could make!

PWS

10-01-18

Related posts:

  1. THE GIBSON REPORT — 04-09-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Project — Why Acting DHS Secretary Kevin McAleenan Should End Up In Jail If He Follows Trump’s Unlawful & Unconstitutional Plans!
  2. BIA SEEKS TO REPEAL CAT BY MISINTERPRETATION; MUSALO’S FACT FINDING MISSION TO EL SALVADOR SHOWS MALICIOUS ABSURDITY OF REGIME’S BOGUS “SAFE THIRD COUNTRY” ASSAULT ON HUMAN RIGHTS; 9th & 11th CIRCUITS CONTINUE TO TANK ON THE RULE OF LAW; & OTHER LEGAL NEWS ABOUT THE WHITE NATIONALIST REGIME & THE RESISTANCE — The Gibson Report — 12-10-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  3. THE GIBSON REPORT — 03-01-21 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — FEATURING: Under The EOIR Big Top 🎪 Robed TV Carnival Barkers Hand Out Death Sentences ☠️ With Ignorance, Indolence, Indifference, & Insult To Injury!
  4. ⚖️THE GIBSON REPORT — 02-07-22 — Compiled By Elizabeth Gibson Esquire, NY Legal Assistance Group — BONUS: “Ethics On Vacation @ DHS & DOJ”

THE GIBSON REPORT – 09-24-18 – Compiled By Elizabeth Gibson, Esq., NY Legal Assistance Group

THE GIBSON REPORT — 09-24-18

TOP UPDATES

Public charge proposed rule

DHS: “DHS Announces New Proposed Immigration Rule to Enforce Long-Standing Law that Promotes Self-Sufficiency and Protects American Taxpayers.” See also CLINIC: USCIS Proposes Vast Changes to Public Charge Definition

ICE arrested undocumented immigrants who came forward to take in undocumented children

CNN: On Tuesday, Immigration and Customs Enforcement senior official Matthew Albence testified to Congress that, after Health and Human Services and ICE signed a memorandum of agreement to background-check and fingerprint potential “sponsors” of immigrant children, ICE arrested 41 people who came forward.

Sessions Limits U.S. Judges’ Ability to Dismiss Deportation Cases

Reuters reports on the Attorney General’s (AG) decision in Matter of S-O-G- & F-D-B-. AILA Associate Director of Government Relations Kate Voigt called it part of “a concerted effort by the AG to undermine judicial independence and to minimize the role of judges in immigration court.” AILA Doc. No. 18092001. See also Jeff Sessions’ Latest Immigration Opinion Is Another Blow to the Independence of Immigration Judges, the Judges Union Said

Trump Administration Justifies Lowest Refugee Admission Target Ever, Arguing That America’s Generosity Remains Boundless

AIC: Secretary of State Mike Pompeo announced Monday the Trump administration’s intention to limit refugee admissions to 30,000 people in Fiscal Year 2019. The administration argued that refugee admissions and asylum grants must be considered together when measuring “America’s generosity.”

Sessions Decision Could Eliminate Bond for Arriving Refugee Families

HRF: Human Rights First today condemned Attorney General Jeff Session’s decision to refer to himself a Board of Immigration Appeals decision in Matter of M-G-G-, a move that will likely lead to thousands of refugee families languishing indefinitely in detention. Sessions can now issue a ruling that would attempt to block individuals, including those seeking protection, from having an immigration judge assess their cases for potential release from detention.

More Communities Say They Won’t Jail Immigrants for ICE

AIC: A growing number of communities are reevaluating their role in detaining immigrants on behalf of U.S. Immigration and Customs Enforcement. Many are voting to no longer detain immigrants in their local jails.

New Census Data Show Immigrants Complement Natives in the US Workforce

AIC: New data from the Census Bureau’s American Community Survey (ACS), illustrates how immigrants add value to the economy through their participation in the workforce.

 

Immigration Policies Weigh on Indian Workers Seeking Green Cards

Bloomberg reports that hundreds of thousands of immigrants may lose their temporary work visas while waiting for green cards. AILA First Vice President Jennifer Minear said, “a whole puzzle with multiple pieces” created the situation, including a decades-long backlog and new USCIS policies. AILA Doc. No. 18092139

 

FOIA Response Details Guidance on Processing of Travel Ban Waivers

In response to a FOIA request made by the International Refugee Assistance Project (IRAP), the Department of State provides guidance distributed to consular officers dated 1/23/18 concerning the processing of waivers under Presidential Proclamation 9645, also known as “Travel Ban 3.0”. AILA Doc. No. 18092140

 

Updates on New Judges’ Dockets

  • Judge Brian Palmer will be taking over the docket of retired Judge McManus
  • Judge Sam Factor will be taking over the docket of retired Judge Sandy Hom (not to be confused with new Judge Howard Hom)
  • Judge Oshea Spencer will be hearing cases previously on a VJ docket. Notices are being sent.
  • In addition, some of Judge Vomacka’s 2019-2021 cases have been distributed to incoming IJs. The dates and times of these will remain the same. I would suggest attorneys with hearings scheduled before Judge Vomacka periodically check the 1-800 number to verify a new IJ has been assigned.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Matter of S-O-G- & F-D-B-, 27 I&N Dec. 462 (A.G. 2018)

(1)  Consistent with Matter of Castro-Tum, 27 I&N Dec. 271 (A.G. 2018), immigration judges have no inherent authority to terminate or dismiss removal proceedings.

(2)  Immigration judges may dismiss or terminate removal proceedings only under the circumstances expressly identified in the regulations, see 8 C.F.R. § 1239.2(c), (f), or where the Department of Homeland Security fails to sustain the charges of removability against a respondent, see 8 C.F.R. § 1240.12(c).

(3)  An immigration judge’s general authority to “take any other action consistent with applicable law and regulations as may be appropriate,” 8 C.F.R. § 1240.1(a)(1)(iv), does not provide any additional authority to terminate or dismiss removal proceedings beyond those authorities expressly set out in the relevant regulations.

(4)  To avoid confusion, immigration judges and the Board should recognize and maintain the distinction between a dismissal under 8 C.F.R. § 1239.2(c) and a termination under 8 C.F.R. § 1239.2(f).

 

EOIR Releases Internal Guidance on Pereira v. Sessions

Obtained via FOIA by Hoppock Law Firm, EOIR released internal Pereira v. Sessions implementation guidance sent on 7/11/18 from Principal Deputy Chief Immigration Judge, Christopher A. Santoro, to all immigration courts. Special thanks to Matthew Hoppock. AILA Doc. No. 18091849

 

Flores

 

DHS Issues Statement on August 2018 Border Numbers

DHS issued statement on the August 2018 border numbers, stating that “While the overall numbers are consistent with an expected seasonal increase, the number of family units along the Southwest border increased 38 percent – 3,500 more than July and the highest August on record.” AILA Doc. No. 18091851

 

HHS Notice of Intent to Fund Additional Beds to Keep Unaccompanied Minors in Custody

HHS (Department of Health and Human Services) notice of intent to provide additional funds for up to 3,800 beds to keep unaccompanied minors in custody. (83 FR 47176, 9/18/18) AILA Doc. No. 18091832

 

USCIS Publishes Revised Form G-28 and Extends Grace Period for Prior Versions

USCIS published a revised version of Form G-28, with an edition date of 09/17/18. This revised version removes the geographic requirement for sending an original notice to a U.S. address for attorneys and representatives. USCIS extended the grace period for prior versions of G-28s until 11/19/18. AILA Doc. No. 18091734

 

RESOURCES

EVENTS

 

ImmProf

 

Sunday, September 23, 2018

Saturday, September 22, 2018

Friday, September 21, 2018

Thursday, September 20, 2018

Wednesday, September 19, 2018

Tuesday, September 18, 2018

Monday, September 17, 2018

Sunday, September 16, 2018

 

AILA NEWS UPDATE

http://www.aila.org/advo-media/news/clips

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

PWS

09-26-18

Related posts:

  1. THE GIBSON REPORT — 12-21-20 — Compiled by Elizabeth Gibson, Esquire, NY Legal Assistance Group
  2. ⚖️THE GIBSON REPORT — 02-01-21 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group! 
  3. THE GIBSON REPORT — 02-21-21 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  4. ⚖️THE GIBSON REPORT — 03-15-21 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Keep Up To Date On The Biden Administration’s Immigration Plans & Actions!

THE GIBSON REPORT – 09-17-18 — Compiled By Elizabeth Gibson, ESQ, NY Legal Assistance Group

THE GIBSON REPORT – 09-17-18 — Compiled By Elizabeth Gibson, ESQ, NY Legal Assistance Group

TOP UPDATES

 

U.S. to reconsider asylum for separated immigrant families

Reuters: President Donald Trump’s administration has agreed to reconsider the asylum claims of some 1,000 immigrant parents and children who were separated at the U.S. border as part of a deal to settle lawsuits over his “zero-tolerance” immigration policy.

 

Former US Officials Challenge Report Linking Terrorism, Immigration  

VOA: A group of former national security officials is pushing back against a controversial Trump administration report on the link between terrorism and immigration, saying the report gives the false impression that immigrants are responsible for the majority of terrorist attacks in the United States.

 

As Florence Hits US, Trump Administration Diverts Funds for Disaster Relief Towards Immigration Enforcement

AC: Department of Homeland Security documents show that a total of $200 million—including $10 million from the Federal Emergency Management Agency—was transferred to U.S. Immigration and Customs Enforcement during the summer of 2018.

 

The simple reason more immigrant kids are in custody than ever before

CNN: A record number of immigrant children are in US custody, and it’s likely because the Trump administration’s policies are keeping them there.

As of this week, there are 12,800 immigrant children being cared for by the Health and Human Services Department. That’s the most ever, an HHS spokeswoman confirmed.

 

Asian-Americans Make Up Most of the New U.S. Immigrant Population

NatGeo: The number of foreign-born residents in the United States is now the highest it has been since 1910, according to recent data from the U.S. Census Bureau. Compared to past decades, the country’s newest immigrants are most likely to come from Asia. See also Key findings about U.S. immigrants.

 

AG Sessions’ Remarks Emphasize Need for Independent Immigration Courts

AILA responds to remarks delivered by Attorney General Jeff Sessions to a group of 44 new immigration judges. AILA Doc. No. 18091042

 

ABA Issues Statement Regarding Immigration Lawyers and Judges

In response to a speech by Attorney General Sessions, ABA President Bob Carlson issued a statement in support of immigration lawyers and judges, stating that the ABA strongly supports the independence of immigration judges and immigration courts and applauds the work of immigration lawyers. AILA Doc. No. 18091200

Congressional Letter Requesting Information Regarding Initiative to Recalendar Administratively Closed Cases

A 9/13/18 letter from Senator Cortez Masto and others expressing concerns about ICE plans to recalendar potentially hundreds of thousands of administratively closed cases following the Attorney General’s decision in Matter of Castro-Tum, and requesting information on the initiative.AILA Doc. No. 18091404

 

U.S. Plans to Pay Mexico to Deport Unauthorized Immigrants There

NYT: In a recent notice sent to Congress, the administration said it intended to take $20 million in foreign assistance funds and use it to help Mexico pay plane and bus fare to deport as many as 17,000 people who are in that country illegally.

 

The US-Mexico trade deal leaves out one important group: immigrants

Guardian: Some take the position that immigration reform and a trade bill with Mexico are two separate issues. For most small businesses – and particularly the ones who rely on low-skilled workers – the two issues are very much intertwined.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Attorney General Sessions Releases Memorandum on Litigation Guidelines for Nationwide Injunctions Cases

DOJ issued a memo, stating the guidelines will “arm Department litigators handling these cases to present strong and consistent arguments in court against the issuance of nationwide injunctions and to reaffirm the existing constitutional and practical limitations on the authority of judges.”AILA Doc. No. 18091439

 

Matter of VALENZUELA GALLARDO, 27 I&N Dec. 449

BIA: (1) An “offense relating to obstruction of justice” under section 101(a)(43)(S) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(S) (2012), encompasses offenses covered by chapter 73 of the Federal criminal code, 18 U.S.C. §§ 1501–1521 (2012), or any other Federal or State offense that involves (1) an affirmative and intentional attempt (2) that is motivated by a specific intent (3) to interfere either in an investigation or proceeding that is ongoing, pending, or reasonably foreseeable by the defendant, or in another’s punishment resulting from a completed proceeding. Matter of Valenzuela Gallardo, 25 I&N Dec. 838 (BIA 2012), clarified. (2) A conviction for accessory to a felony under section 32 of the California Penal Code that results in a term of imprisonment of at least 1 year is a conviction for an aggravated felony offense relating to obstruction of justice under section 101(a)(43)(S) of the Act.

 

USCIS Announces Filing Location Change for Form I-751

USCIS announced that on 9/10/18, it changed the filing location for Form I-751, Petition to Remove Conditions on Residence. This form was previously filed at the CSC and VSC. Now, petitioners must send Form I-751 to a USCIS Lockbox facility. The service centers will be the adjudicating offices. AILA Doc. No. 18091002

 

ACTIONS

 

 

RESOURCES

EVENTS

 

ImmProf

 

Friday, September 14, 2018

Thursday, September 13, 2018

Wednesday, September 12, 2018

Tuesday, September 11, 2018

Monday, September 10, 2018

 

AILA NEWS UPDATE

http://www.aila.org/advo-media/news/clips

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

Thanks, Elizabeth, for being such an exemplary member of the NDPA!

PWS

09i-20-18

Related posts:

  1. THE GIBSON REPORT 04-22-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  2. KEEP UP TO DATE WITH ALL OF THE REGIME’S LATEST ANTI-IMMIGRANT SCHEMES, GIMMICKS, & SHENANIGANS – THE GIBSON REPORT – 01-06-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  3. The Gibson Report — 04-13-20 — Compiled by Elizabeth Gibson, Esquire, NY Legal Assistance Group
  4. THE GIBSON REPORT — 10-05-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Federal Judge Rules Trump Not A Monarch; More Intentional Cruelty, Lies, & Threats Of Politically-Inspired Racist Attacks On Ethnic Communities From DHS; Trump Regime Dumps On Refugees & Commies; Cert. Granted In Credibility Case Apparently Seeking To Screw Refugees At Request Of SG; & Other “Interesting & Sometimes Disturbing Stuff”⚖️

THE GIBSON REPORT — 09-10-18 — COMPILED BY ELIZABETH GIBSON, NY LEGAL ASSISTANCE GROUP

 

TOP UPDATES

 

Sessions says he plans a 50 percent surge in immigration judges

Politico: Attorney General Jeff Sessions said that he plans to increase the number of immigration judges by 50 percent by the end of the year, as he welcomed a new class of such judges on Monday…James McHenry, the director of EOIR, said the addition of 44 immigration judges and two new supervising judges makes for the largest class of judges in the department’s history and reiterated the attorney general’s pledge, saying the department will “keep hiring until we run out of space or money.” See also Attorney General Sessions Delivers Remarks (EOIR).

 

In Immigration Courts, It Is Judges vs. Justice Department

NYT: Judges are being monitored on a performance dashboard on their court computers, which indicates if they are keeping up their pace. Judge Tabaddor called the new policies “huge psychological warfare,” and said judges were being pushed to move faster at the expense of denying immigrants their rights in court… As part of its efforts to speed up the court, the Justice Department added four New York judges, bringing the total to 30. Another three start next month, and new courtrooms are being built. Overseeing them will be a new presiding judge, Daniel J. Daugherty, a former chief trial judge for the Navy and a Marine Corps veteran who still sits on the bench in Las Vegas. [Loprest has returned to serving as an IJ and is no longer the NY ACIJ.]

 

Trump detention move on immigrant families promises to draw court challenge

The Hill: Under the proposed rule issued Thursday by the Departments of Homeland Security and Health and Human Services (HHS) [83 FR 45486, 9/7/18], the administration said it plans to issue new regulations that would terminate and replace the Flores agreement, which has governed the detention of migrant children since 1997. The proposal would allow immigration officials to keep children and their parents detained together for the entire length of their court proceedings, which could take months.

 

Early Arrival: New Yorkers in Jeopardy As Immigration Cases are Reopened

Documented: Around 350,000 cases are being reopened under Sessions’ dictation, and over 50,000 of them could come from New York. Nearly 8,000 New York cases have already been re-calendared.

 

Brett Kavanaugh’s Record on Immigration Raises Questions

AIC: Because the D.C. Circuit rarely hears cases directly involving immigration law, Kavanaugh has only written three opinions in cases involving immigrants. All three opinions were dissents, where Kavanaugh stated that he believed the immigrant should have lost the case.

 

As Months Pass in Chicago Shelters, Immigrant Children Contemplate Escape, Even Suicide

ProPublica: The documents reveal the routines of life inside the shelters, days punctuated by tedium and fear as children wait and wait and wait to leave. They spend their days taking English lessons and learning about such peculiarities as American slang, St. Patrick’s Day, the NFL and the red carpet fashions at the Academy Awards. They complain about the food and mistreatment by staff. And they cry and write letters and hurt themselves in despair.

 

Bill making it easier to deport criminals passes House

NBC: A bill that would redefine the crimes for which someone could be deported was approved Friday by the U.S. House of Representatives on a 247-152 vote and praised by President Donald Trump…The proposal by U.S. Rep. Karen Handel, R-Georgia, would close what backers describe as a loophole in U.S. law after the U.S. Supreme Court ruled earlier this year that the current “crime of violence” standard for deportation was “unconstitutionally vague.”

 

Across the country, basements, offices and hotels play short-term host to people in ICE custody

Texas Trib: The basement of a federal building in downtown Austin, 10 floors below U.S. Sen. Ted Cruz’s office. Space in a “fashionable” South Carolina office park. Branches of major hotel chains in Los Angeles, Miami and Seattle. These facilities rarely appear together on government lists, but they all have something in common: They’re nodes in a little-known network of holding areas where people in the custody of U.S. Immigration and Customs Enforcement spend hours or even days on their way to other locations.

 

Con artists are preying on undocumented immigrants in detention

Harper’s: The runners are the first, and sometimes only, line of communication between lawyers and detainees. Schaufele calls Jessica’s type of scheme, in which runners scam detainees by using the credentials of absentee or unscrupulous attorneys, notario fraud 2.0. “That’s the new trend,” Curiel told me. “And it’s really hard to prosecute.”

 

A reporter detained: On life inside ICE camps

CJR: Emilio Gutiérrez Soto, a Mexican journalist based in the United States, has twice been detained by Immigration and Customs Enforcement. In late July, he was released from his second round of detention. For the first time, he has written a first-person account of the experience.

 

Hunger strike at immigrant jail is protected speech, ACLU says

Crosscut: The American Civil Liberties Union of Washington sent a warning letter on Thursday to authorities after officers at the Northwest Detention Center in Tacoma allegedly threatened to get a court order to force-feed detainees on a hunger strike.

 

New Government Study Attempts to Undermine Legal Orientation Program for Detained Immigrants

AIC: The study is the first phase of a three-phase review to be completed by the end of October 2018. Among other findings, it alleges that LOP participants spend more time in detention, costing the government more money; that LOP participants are less likely to get attorneys; and that their cases take longer to resolve…The Vera Institute of Justice (Vera), the nonprofit organization who contracts with EOIR to run the LOP program, says this new study has “insurmountable methodological flaws in EOIR’s analysis.”

 

LITIGATION/CASELAW/RULES/MEMOS

DHS/HHS Notice of Proposed Rulemaking on Flores Settlement Agreement

DHS/HHS notice of proposed rulemaking to amend regulations related to the apprehension, processing, care, custody, and release of undocumented juveniles and would terminate the Flores Settlement Agreement. Comments are due by 11/6/18. (83 FR 45486, 9/7/18) AILA Doc. No. 18090600

 

BIA Holds Florida Statute Is Not a CIMT

Unpublished BIA decision holds that transaction with a minor under Kent. Rev. Stat. 530.065 is not a CIMT. Special thanks to IRAC. (Matter of E-T-, 9/13/17) AILA Doc. No. 18090572

 

BIA Holds that Permanent Bar Does Not Apply to Unlawful Presence Accrued Before IIRIRA

Unpublished BIA decision holds that INA 212(a)(9)(C)(i)(I) does not apply retroactively to periods of unlawful presence accrued prior to IIRIRA effective date of April 1, 1997. Special thanks to IRAC. (Matter of Urias Aguilar, 9/5/17) AILA Doc. No. 18090573

 

CBP Announces Family Units and UACs Continue to Flow Into the Rio Grande Valley

CBP announced that U.S. Border Patrol agents in the Rio Grande Valley continue to encounter large groups of family units and unaccompanied children. AILA Doc. No. 18090530

 

RESOURCES

EVENTS

 

ImmProf

 

Monday, September 10, 2018

Sunday, September 9, 2018

Saturday, September 8, 2018

Friday, September 7, 2018

Thursday, September 6, 2018

Wednesday, September 5, 2018

Tuesday, September 4, 2018

Monday, September 3, 2018

 

AILA NEWS UPDATE

http://www.aila.org/advo-media/news/clips

 

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

Thanks, Elizabeth!

Advocates should pay particular attention to the re-definition of “crime of violence” for removal purposes that has passed the House and is now pending in the Senate.

PWS

09-13-18

 

Related posts:

  1. THE GIBSON REPORT — 06-22-20 – Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group – WORLD REFUGEE DAY WAS JUNE 20 – AMERICA’S TRUMP REGIME CELEBRATED BY ADVANCING A DISINGENUOUS RACIST ATTACK ON WORK AUTHORIZATION FOR ASYLUM SEEKERS – Just A Few Days After 8 Justices of Supremes Claimed Cluelessness About Trump’s Racist Immigration Agenda! (See, Item #2 Under “Top News”)
  2. THE GIBSON REPORT – 09-29-20 – Compiled by Elizabeth Gibson, Esquire, NY Legal Assistance Group – Another Tone-Deaf, Far Right Justice; Higher Fees For Worse Service; Detained Until Dead (“DUD Policy”)☠️⚰️; Dumping On International Students; & Other Nation-Destroying 🏴‍☠️News From The Trump Regime Twilight Zone! 
  3. THE GIBSON REPORT — 10-05-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Federal Judge Rules Trump Not A Monarch; More Intentional Cruelty, Lies, & Threats Of Politically-Inspired Racist Attacks On Ethnic Communities From DHS; Trump Regime Dumps On Refugees & Commies; Cert. Granted In Credibility Case Apparently Seeking To Screw Refugees At Request Of SG; & Other “Interesting & Sometimes Disturbing Stuff”⚖️
  4. THE GIBSON REPORT — 11-23-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal,Assistance Group —  Court Losses, Rebukes Pile Up For Loser Scofflaw White Nationalist Regime — But Cruelty, Stupidity, & Sabotage Of Democracy Still On The Agenda For Defeated Kakistocracy!🏴‍☠️☠️⚰️👎🏻

THE GIBSON REPORT – 09-04-18 – COMPILED BY ELIZABETH GIBSON, ESQ, NY LEGAL ASSISTANCE GROUP

TOP UPDATES

 

BIA Distinguishes Pereira and Dismisses Respondent’s Appeal

The BIA found that a notice to appear without specific time/place of initial removal hearing still vests an IJ with jurisdiction over the removal and meets INA requirements, so long as a notice of hearing with this information is later sent. Matter of Bermudez-Cota, 27 I&N Dec. 441 (BIA 2018) AILA Doc. No. 18083137

 

Texas judge says he’ll likely kill DACA — but not yet

CNN: Texas-based District Judge Andrew Hanen wrote Friday that he believes DACA is likely illegal and ultimately will fail to survive a challenge before his court…But despite that — and despite finding that the continuation of DACA could harm the eight states and two governors who challenged the program — Hanen decided not to issue a ruling that would have immediately blocked DACA’s continuation.

 

U.S. is denying passports to Americans along the border, throwing their citizenship into question

WaPo: he government alleges that from the 1950s through the 1990s, some midwives and physicians along the Texas-Mexico border provided U.S. birth certificates to babies who were actually born in Mexico… Based on those suspicions, the State Department during the George W. Bush and Barack Obama administrations denied passports to people who were delivered by midwives in Texas’s Rio Grande Valley… But under President Trump, the passport denials and revocations appear to be surging, becoming part of a broader interrogation into the citizenship of people who have lived, voted and worked in the United States for their entire lives.

 

Will Trump’s biometric entry-exit system be as controversial as his travel ban?

The Hill: Unlike the travel ban, which just applied to aliens seeking admission to the United States, Trump’s biometric entry-exit tracking system will apply also to American citizens. The facial recognition technology that the system uses to identify travelers leaving the country will be used to identify American citizens too, unless they request an alternative means of verifying their identities.

 

Hundreds of separated children not reunited amid slow progress

CNN: There are still roughly 700 children who were separated from their parents at the border and have not been reunified with those parents by the Trump administration, as new court filings reveal the slow pace of reuniting the trickiest family separation cases. That figure includes more than 40 children who are 4 years old and younger.

 

Beyond Mexico: How DHS rule changes may affect black immigrants

Yahoo: Despite a drop in deportation last year, removals spiked for African immigrants, doubling for some countries.

 

Immigrants, fearing Trump crackdown, drop out of nutrition programs

Politico: Local health providers say they’ve received panicked phone calls from both documented and undocumented immigrant families demanding to be dropped from the rolls of WIC, a federal nutrition program aimed at pregnant women and children, after news reports that the White House is potentially planning to deny legal status to immigrants who’ve used public benefits. Agencies in at least 18 states say they’ve seen drops of up to 20 percent in enrollment, and they attribute the change largely to fears about the immigration policy.

 

Growth in Immigration Court Backlog Varies Markedly by State

TRAC: As of July 31, 2018, pending cases in Immigration Court nationwide reached nearly three-quarters of a million (746,049 cases). This is a 38 percent increase compared to the 542,411 cases pending at the end of January 2017 when President Trump took office.

 

ICE Announces 19 Foreign Nationals Indicted for Illegally Voting in 2016 Elections

ICE announced that 19 foreign nationals were charged with unlawfully voting and a U.S. citizen was charged with helping a foreign national to register to vote. The indictments followed an investigation by the Document and Benefit Fraud Task Force in the Eastern District of North Carolina. AILA Doc. No. 18082903

 

AILA, CLINIC, and NILC Express Concerns Over Improper Public Charge Determinations and I-601A Revocations

On 8/28/18, AILA, the Catholic Legal Immigration Network, Inc., and the National Immigration Law Center sent a letter to the Department of State’s Bureau of Consular Affairs, expressing concerns over consulates’ improper public charge determinations and associated revocations of approved I-601As. AILA Doc. No. 18082836

 

Email Addresses for the VSC and NSC

The correct email addresses for the Hotlines at VSC are:

The email address for the U visa Unit at the Nebraska Service Center (NSC) is:

 

LITIGATION/CASELAW/RULES/MEMOS

 

Judge Denies Preliminary Injunction, Preserving DACA For Now

On August 31, 2018, Judge Hanen declined to issue a preliminary injunction halting DACA. Note, there are no new changes to the DACA program at this time. AILA Doc. No. 18050231

 

BIA Distinguishes Pereira and Dismisses Respondent’s Appeal

The BIA found that a notice to appear without specific time/place of initial removal hearing still vests an IJ with jurisdiction over the removal and meets INA requirements, so long as a notice of hearing with this information is later sent. Matter of Bermudez-Cota, 27 I&N Dec. 441 (BIA 2018) AILA Doc. No. 18083137

 

BIA Says U Visa Processing Delays Not Sufficient Basis to Deny Continuance

Unpublished BIA decision orders further consideration of request for continuance pending adjudication of U visa application and states that processing delays by themselves are not a sufficient basis to deny a continuance. Special thanks to IRAC. (Matter of Alvarado-Turcio, 8/17/17) AILA Doc. No. 18083132

 

BIA Remands for IJ to Consider Status of Pending Appeal and Determine Whether a Continuance May be Appropriate

The BIA remanded for the IJ to consider the status of the pending appeal and new evidence, and to determine whether a continuance may be appropriate. The appeal of the IJ’s determination regarding removability is dismissed. Matter of Acosta, 27 I&N Dec. 420 (BIA 2018) AILA Doc. No. 18082934

 

BIA Vacates Dangerousness Finding Based on Driving Without a License

Unpublished BIA decision holds that IJ erred in finding respondent to be a danger to the community based solely on three arrests for driving without a license. Special thanks to IRAC. (Matter of E-S-, 8/17/17) AILA Doc. No. 18082972

 

BIA Holds Minnesota Threats Statute Is Not a CIMT

Unpublished BIA decision holds that making terroristic threats under Minn. Stat. § 609.713, subd. 1 is not a CIMT and that contrary Eighth Circuit decision did not consider whether statute applied to non-turpitudinous conduct. Special thanks to IRAC. (Matter of Ezeobi, 8/17/17) AILA Doc. No. 18082971

 

BIA Rescinds In Absentia Order Against Respondent Who Was in Waiting Room

Unpublished BIA decision rescinds in absentia order against respondent who was in the waiting room at the time he was ordered removed by an IJ who was still on the bench when the respondent entered the courtroom. Special thanks to IRAC. (Matter of Singh, 8/25/17) AILA Doc. No. 18083133

 

Applying De Novo Review, CA1 Rejects BIA Ruling that IJ’s Findings Were Clearly Erroneous

The court remanded, finding that the BIA erred by treating as one element the Mexican government’s unwillingness or inability to protect asylum applicant from persecution. The BIA also erred, the court ruled, by discounting country condition reports. (Rosales Justo v. Sessions, 7/16/18) AILA Doc. No. 18083001

 

DHS Notice on Extension of the Designation of Somalia for TPS

DHS notice on the extension of the designation of Somalia for Temporary Protected Status (TPS), extending the designation for 18 months from 9/18/18 through 3/17/20. The 60-day re-registration period runs from 8/27/18 through 10/26/18. (83 FR 43695, 8/27/18) AILA Doc. No. 18082702

 

RESOURCES

 

 

EVENTS

 

 

ImmProf

 

Tuesday, September 4, 2018

Monday, September 3, 2018

Sunday, September 2, 2018

Saturday, September 1, 2018

Friday, August 31, 2018

Thursday, August 30, 2018

Wednesday, August 29, 2018

Tuesday, August 28, 2018

Monday, August 27, 2018

 

AILA NEWS UPDATE

 

http://www.aila.org/advo-media/news/clips

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

Thanks, Elizabeth, for all you do for the “New Due Process Army” and for the cause of restoring justice and our Constitutional republic.

PWS

09-05-18

 

 

 

Related posts:

  1. KEEP UP TO DATE WITH ALL OF THE REGIME’S LATEST ANTI-IMMIGRANT SCHEMES, GIMMICKS, & SHENANIGANS – THE GIBSON REPORT – 01-06-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  2. THE GIBSON REPORT — 10-05-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Federal Judge Rules Trump Not A Monarch; More Intentional Cruelty, Lies, & Threats Of Politically-Inspired Racist Attacks On Ethnic Communities From DHS; Trump Regime Dumps On Refugees & Commies; Cert. Granted In Credibility Case Apparently Seeking To Screw Refugees At Request Of SG; & Other “Interesting & Sometimes Disturbing Stuff”⚖️
  3. THE GIBSON REPORT — 11-23-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal,Assistance Group —  Court Losses, Rebukes Pile Up For Loser Scofflaw White Nationalist Regime — But Cruelty, Stupidity, & Sabotage Of Democracy Still On The Agenda For Defeated Kakistocracy!🏴‍☠️☠️⚰️👎🏻
  4. THE GIBSON REPORT — 05-10-21 —Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

THE GIBSON REPORT – 08 27-18 – COMPILED BY ELZABETH GIBSON, ESQ. — NY LEGAL ASSISTANCE GROUP –Featuring Credible Claims Of Coercion In Sessions’s “New American Gulag” (Item #1) & More Problems In Federal Court For DHS’s Scofflaws (Litigation Section, Item #3)

THE GIBSON REPORT 08-27-18

THE GIBSON REPORT – 08 27-18 – COMPILED BY ELZABETH GIBSON, ESQ., NY LEGAL ASSISTANCE GROUP – Featuring Credible Claims Of Coercion In Sessions’s “New American Gulag” (Item #1) & More Problems In Federal Court For DHS’s Scofflaws (Litigation Section, Item #3)

 

TOP UPDATES

 

Parents Were ‘Coerced’ To Waive Reunification Rights With Children, Complaint Says

NPR: Before the family reunification process began, government officials coerced mothers and fathers who were separated from their children into signing documents that waived their rights — threatening them, deceiving them and even denying them food and water, say immigration groups that filed a complaint with the Department of Homeland Security on Thursday. In the 28-page complaint, the American Immigration Council and American Immigration Lawyers Association contend that immigration agents used “abusive tactics and deplorable conditions” to pressure parents to sign forms without an understanding of the repercussions.

 

Immigration Judges Taught To Dodge ‘Categorical Approach’

Law360: The judges were trained by Board of Immigration Appeals member Roger Pauley on “avoiding the use or mitigating the effect” of the “categorical approach” in instances in which the result might not be “sensible,” according to the materials that the federal government released in response to a Freedom of Information Act request by immigration attorney Matthew.

 

Castro Tum Judicial E-mails

MatthewHoppock FOIA: EOIR director James McHenry emailed “Please confirm by COB today that Castro-tum’s next hearing has been scheduled for no later than May 31…”

 

Asylum Seekers Challenge Spending Months Locked Up Without Interviews or Bond Hearings

AIC: The “zero-tolerance” policy is leaving asylum seekers to languish in detention for weeks or months without the opportunity to present their asylum claims or request release from imprisonment.

 

As more immigrants that are caught wear monitors, their effectiveness is disputed

AP: As of early July, there were nearly 84,500 active participants in ICE’s Intensive Supervision Appearance Program, or alternatives to detention — more than triple the number in November 2014. Around 45 percent of those were issued GPS monitors, 53 percent report by phone using biometric voice verification and 2 percent use facial recognition apps.

 

Nicaraguan Refugee Crisis Growing In Central America

NPR: Hundreds of Nicaraguans are arriving in Costa Rica daily, fleeing the conflict in their country. The country is straining to provide services to the refugees and undergoing a sense of deja vu back to the days of the Nicaraguan Revolution.

 

White House Video on Mollie Tibbetts Case

ImmProf: The White House … tries to capitalize on the Tibbetts’ case by focusing on “family separation” of parents who lost their children due to the crimes of undocumented immigrants, a reference to the now-abandoned Trump policy of separating migrant families in detention.

 

The Day My Parents Were Deported

Diane Guerrero: This is what happened the day my parents were deported.

 

USCIS’ Wait Times for Citizenship Have Doubled

AIC: The average wait time on a U.S. citizenship application was about five months in 2014. Today, the average time a green card holder will wait for their citizenship application to be processed by U.S. Citizenship and Immigration Services is 10 months.

 

USCIS Cancels Liaison Meetings

NYLAG: just found out today that the meeting that was previously scheduled for September will not be taking place. Furthermore, it appears that there will be no more liaison meetings. Needless to say, this is disturbing news, and the NYIC will continue to negotiate for these meetings to continue.

New ACS SuppB Protocols (attached)

Details on how to request ACS records and submit SuppB requests.

 

State U and T Protocols (attached)

Final U and T visa protocols for agencies under the Governor’s control.

 

LITIGATION/CASELAW/RULES/MEMOS

 

District Court Partially Stays Original Order for Full Restoration of DACA

The U.S. District Court for the District of Columbia issued an order that partially stays its original order as to new DACA applications and applications for advance parole, but not as to renewal applications. (NAACP v. Trump, 8/17/18) AILA Doc. No. 17091933

 

Complaint Details Coercive Tactics Used by Immigration Officials on Separated Parents

AILA and the Council filed a complaint with the DHS Office of the Inspector General (OIG) and Office for Civil Rights and Civil Liberties (CRCL) documenting a pervasive, illegal practice by DHS officials of coercing separated mothers and fathers into signing documents they may not have understood. AILA Doc. No. 18082236

 

Immigrants’ case against ICE, DHS can proceed, judge rules

Boston Globe:  A lawsuit by immigrants trying to keep immigration officials from deporting them while they seek legal residency may move forward, a federal judge ruled Thursday. Judge Mark Wolf’s decision rejected the government’s argument that the case should be dismissed because the federal district court has no jurisdiction over deportation decisions made by Immigration and Customs Enforcement.

 

Two Colorado sheriffs and ACLU in legal fight over federal immigration holds

Denver Post: El Paso, Teller county sheriffs sued after breaking with 4-year-old custom of ignoring ICE detainers.

 

DOJ Announces Arrest of Naturalized U.S. Citizen Charged with Obtaining U.S. Citizenship Fraudulently

DOJ announced the arrest of a naturalized U.S. citizen by ICE HSI following his indictment on a felony charge of having fraudulently obtained U.S. citizenship due to his alleged failure to disclose participation in persecution during the Red Terror period in Ethiopia. AILA Doc. No. 18082030

 

DOJ Provides Information on EADs for TPS Haiti

DOJ provided notice that USCIS automatically extended the validity of certain EADs issued under TPS Haiti through 1/17/19 if an EAD application has been submitted. USCIS will mail the applicant a Notice of Continued Evidence of Work Authorization that provides evidence of this automatic extension. AILA Doc. No. 18082101

 

EOIR Releases Procedures for Adjudicating Non-LPR Cancellation of Removal

Obtained via FOIA by Hoppock Law Firm, EOIR released a document from the 2018 Legal Training Program containing procedures for immigration judges to adjudicate non-LPR cancellation of removal in light of the cap on non-LPR cancellation. Special thanks to Matthew Hoppock. AILA Doc. No. 18082137

 

RESOURCES

EVENTS

 

ImmProf

 

Monday, August 27, 2018

Sunday, August 26, 2018

Saturday, August 25, 2018

Friday, August 24, 2018

Thursday, August 23, 2018

Wednesday, August 22, 2018

Tuesday, August 21, 2018

Monday, August 20, 2018

 

AILA NEWS UPDATE

http://www.aila.org/advo-media/news/clips

 

 

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Under Jeff Sessions’s White Nationalist driven scofflaw legal regime, the Government’s legal problems are mounting almost as fast as Trump’s.

Thanks to Elizabeth for putting all of this together.

PWS

08-30-18

 

 

 

Related posts:

  1. THE GIBSON REPORT FOR 12-18-17 – RECOGNIZING: The Absolutely Amazing ELIZABETH GIBSON Of The NY Legal Assistance Group and ALL She Does For Fairness, Justice, & Due Process! — MAKING A DIFFERENCE IN THE LIVES OF OUR MOST VULNERABLE!
  2. THE GIBSON REPORT – 12-03-18 – Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group – Learn About Trump’s Self-Created “Bogus Border Crisis!”
  3. THE GIBSON REPORT — 05-13-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  4. BIA SEEKS TO REPEAL CAT BY MISINTERPRETATION; MUSALO’S FACT FINDING MISSION TO EL SALVADOR SHOWS MALICIOUS ABSURDITY OF REGIME’S BOGUS “SAFE THIRD COUNTRY” ASSAULT ON HUMAN RIGHTS; 9th & 11th CIRCUITS CONTINUE TO TANK ON THE RULE OF LAW; & OTHER LEGAL NEWS ABOUT THE WHITE NATIONALIST REGIME & THE RESISTANCE — The Gibson Report — 12-10-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

THE GIBSON REPORT – 08-20-18 — COMPILED BY ELIZABETH GIBSON, ESQ., NY LEGAL ASSISTANCE GROUP – Featured Item: Jeff Sessions Tells Iowa Gathering Of Federal Judges To “Butt Out!” (Item 4)

THE GIBSON REPORT 08-20-18

TOP UPDATES

Attorney General States IJs May Only Grant Continuances “For Good Cause Shown”

The Attorney General (AG) found that an IJ may only grant a continuance “for good cause shown” and outlined the good-cause standard. Further, the AG vacated the Board’s orders declining to entertain these appeals and remanded. Matter of L-A-B-R-, et al., 27 I&N Dec. 405 (A.G. 2018) AILA Doc. No. 18081671. See also Retired IJs and Former Members of the BIA Issue Statement in Response to Matter of L-A-B-R-.

 

What will happen to DACA? Federal court cases could lead to an answer.

WaPo: On Friday, U.S. District Judge John D. Bates ruled that the Trump administration does not have to accept new applications for the Deferred Action for Childhood Arrivals program but must continue processing renewals while the future of the program is under appeal.

 

Executive Office for Immigration Review Announces Largest Immigration Judge Investiture Since At Least 2010, Hiring Times Reduced by More Than 50%

EOIR: The Executive Office for Immigration Review (EOIR) on Friday held the investiture of 23 new immigration judges, which increases the total number of immigration judges to 351. Since the end of January 2017, 82 immigration judges have been sworn in, and EOIR anticipates three additional hiring classes this fall that will total at least 75 more immigration judges.

 

Sessions: Federal judges costing taxpayers with immigration rulings

AP: U.S. Attorney General Jeff Sessions told an audience of hundreds of judges and attorneys on Friday that “erroneous rulings” by federal judges have been costly to taxpayers, and he criticized judges who’ve thwarted some of President Donald Trump’s immigration policies.

White House to honor ICE ‘heroes’ after family separation fiasco

Politico: The “Salute to the Heroes of the Immigration and Customs Enforcement and Customs [and] Border Protection” is scheduled for Aug. 20 in the East Room, an administration official confirmed, in the latest signal that the Trump administration anticipates the midterm fallout from its zero-tolerance border policy very differently from its critics.

 

The Trump Administration Is Seeking To Restart Thousands Of Closed Deportation Cases

BuzzFeed: So far this fiscal year, attorneys for Immigration and Customs Enforcement have sought the reactivation of nearly 8,000 deportation cases that had been administratively closed — meaning pushed off the court’s docket. The previous fiscal year, which included nearly four months of the Obama administration, there were nearly 8,400 such requests. The pace of such requests is nearly double that of the last two years of the Obama administration, when there were 3,551 and 4,847 such requests, respectively.

 

Trump’s New Immigration Rule Could Hurt Obamacare Markets

Governing: If a significant number of legal immigrants forgo health insurance, that could have negative ripple effects on so-called Obamacare premiums and on the health-care system as a whole.

 

Online trolls are using immigration as a wedge issue for 2018 midterm elections

LA Times: The nation’s volatile immigration debate has amplified online, researchers warned, and foreign operatives and homegrown trolls are using it as a political wedge ahead of the November elections. The report said the online disinformation campaign was likely to grow more sophisticated, with bad actors tailoring their posts, videos and other content to target communities of color — and to hide who is controlling the message.

 

Citizenship service conspired with ICE to ‘trap’ immigrants at visa interviews, ACLU says

WaPo: According to emails between federal officials unsealed in federal court documents this week, U.S. Citizenship and Immigration Services had been coordinating with ICE to alert the agency when certain immigrants eligible for deportation showed up at the CIS office for routine interviews.

 

Feds Crack Down on Volunteers Helping Migrants Survive the Arizona Desert

ColorLines: Nine humanitarian volunteers are facing federal charges after leaving water bottles for migrants in the Arizona desert. Colorlines talks to members of No More Deaths about their work and the consequences of their solidarity.

 

Millions of Frequent Flier Miles Are Donated to Reunite Families Separated at Border

NYT: Miles4Migrants has partnered with donors and aid organizations to reunite dozens of families on an ad hoc, case-by-case basis. The refugees and asylum seekers they helped had international itineraries…

But this week, flush with more than 28 million newly donated frequent flier miles, the organization is thinking about how to tackle the logistics of reuniting families in the United States.

 

A growing number of California detainees are Indians crossing through Mexico to seek asylum

LA Times: According to immigration officials and attorneys, there has been an increase in recent years of Indian nationals crossing into the U.S. through Mexico — although they represent a small percentage of those detained overall.

 

Detention Is Not the Solution to Family Separation: 15 Years of Government Data Explain Why

AIC: According to a recent study that analyzed 15 years of government data, detention poses significant barriers to justice for asylum-seeking families. The study’s findings also provide further evidence that detaining families seeking protection is unnecessary, costly, and inhumane.

 

Assessing the impact of “Secure Communities”, an Obama-era programme revived by Donald Trump

Economist: Launched in the last year of the George W. Bush administration and expanded under President Barack Obama, Secure Communities was axed in 2014 amid protests that it might be unconstitutional and that it discouraged migrants from co-operating with local law enforcement. Two new papers look at the effects of the programme in its earlier incarnation. They find that it succeeded in its stated goal of removing undocumented workers—but it also reduced access to jobs, health care and nutrition for migrants and citizens alike.

 

Adopted and Undocumented

Intercept: Over the course of six months, The Intercept interviewed more than 25 people who were adopted by U.S. citizens as children but who remain without citizenship, in some cases well into their 40s and 50s. Some no longer reside in the United States, unable to return because of their legal status. Others live with the constant fear of deportation. The majority live as permanent residents, a nebulous status within American immigration law that can be rescinded if an individual commits a crime that falls within a broad range of nonviolent “aggravated felonies,” including burglary and selling drugs.

 

Practice Alert: USCIS Provides Email Address to Report Receipt Numbers Not Recognized in “My Case Status”

On a 2/27/18 Ombudsman’s teleconference, USCIS instructed individuals experiencing problems using “My Case Status” to email myuscissupport@uscis.dhs.gov for assistance. AILA members have reported that USCIS’s website is not recognizing client’s receipt number when entered into the online tool.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Trump Administration Says Deportable Immigrants Can’t Go To The Courts — Even If Their First Amendment Rights Are Violated

Intercept: Is there any court, or indeed, any authority at all outside the executive branch, with the power to protect those activists’ First Amendment rights? No. That was the position articulated by Justice Department lawyers on Tuesday before a panel of judges on the 2nd Circuit Court of Appeals in New York City. The hearing was meant to determine whether the court should issue a stay preventing ICE from deporting just such a figure, Ravi Ragbir, executive director of the New Sanctuary Coalition of New York City, before he has a chance to assert his constitutional claim in federal court.

 

Judge halts mother-daughter deportation, threatens to hold Sessions in contempt

WaPo: federal judge in Washington halted a deportation in progress Thursday and threatened to hold Attorney General Jeff Sessions in contempt after learning that the Trump administration started to remove a woman and her daughter while a court hearing appealing their deportations was underway.

 

‘Shocked and humiliated’: Lawsuits accuse Customs, Border officers of invasive searches of minors, women

CPI: An August 1 Justice Department filing sought to dismiss CBP and individual officers, but not the U.S government, as defendants.  Nevertheless, Lovell’s lawsuit — and 10 others since 2011 reviewed by the Center for Public Integrity — raise timely and unsettling questions about how far border and other immigration officers can go with their considerable power to detain people at the nation’s 328 ports of entry.

 

State probe finds immigrant teens not currently being abused

AP: A state review into the treatment of immigrant teens held at a Virginia detention center confirmed the facility uses restraint techniques that can include strapping children to chairs and placing mesh bags over their heads…But a top state regulator conceded in an interview that investigators did not attempt to determine whether serious allegations of past abuse at the locally run facility are true.

 

DOJ employee who heckled immigration chief didn’t violate rules, agency finds

CNN: A Justice Department employee who heckled DHS Secretary Kirstjen Nielsen at a Washington restaurant and criticized the administration’s immigration policy online did not violate rules against political activity by government workers, a watchdog agency found.

 

An ICE attorney forged a document to deport an immigrant. ICE didn’t care until the immigrant sued.

Slate: The suit finally spurred ICE’s Office of Professional Responsibility to investigate Lanuza’s allegations, which found them credible. In January 2016, prosecutors took action against Love, charging him with deprivation of constitutional rights under color of law. In addition to serving 30 days in jail, he agreed to stop practicing law for 10 years and paid Lanuza $12,000.

 

District Court Judge Orders Reunification of Parents and Children

In a joint status report on the current status of reunification of families with children ages 5- 17, the government stated that 559 children have not been reunified with their family, including 163 children whose parents are outside the United States. (Ms. L, et al., v. ICE, 8/9/18) AILA Doc. No. 18060800

CA5 Rules That Adequacy of Procedures Under INA §360 Precludes APA Relief

Affirming district court’s dismissals, the court rejects plaintiffs’ APA challenge to the deprivation of their U.S. passports—based on allegedly erroneous conclusions that they are not U.S. citizens—finding that INA §360 establishes an adequate alternative remedy. (Hinojosa v. Horn, 5/8/18) AILA Doc. No. 18081335

 

BIA Termination Refiling of Same NTA

Unpublished BIA decision upholds IJ decision terminating proceedings for second time because second NTA contained same charge alleged in first NTA and because DHS failed to submit evidence during the first round of proceedings. Special thanks to IRAC. (Matter of Kurremula, 8/10/17) AILA Doc. No. 18081702

 

BIA Holds Oklahoma Possession with Intent to Distribute Statute Is Not an Aggravated Felony

Unpublished BIA decision holds possession of cocaine with intent to distribute under 63 Okla. Stat. 2-401-2-420 isn’t an aggravated felony as it requires neither unlawful trading or dealing nor knowledge of the substance’s illicit nature. Special thanks to IRAC. (Matter of Gonzalez, 8/14/17) AILA Doc. No. 18081704

 

BIA Reverses Denial of Motion to Change Venue from Atlanta to Arlington

Unpublished BIA decision reverses denial of motion to change venue from Atlanta to Arlington, noting that the respondent, her attorney, and her witnesses all lived in Virginia. Special thanks to IRAC. (Matter of C-D-L-G-, 7/26/17) AILA Doc. No. 18081502

 

BIA Holds Florida Arson Statute Is Not a Crime of Violence

Unpublished BIA decision holds that arson under Fla. Stat. 806.01(2) is not a crime of violence under 18 USC §16 because it prohibits the intentional causing of a fire or explosion against one’s own property. Special thanks to IRAC. (Matter of Kotowski, 7/27/17) AILA Doc. No. 18081503

 

BIA Holds Texas Statute Is Not Sexual Abuse of a Minor

Unpublished BIA decision holds that indecency with a child under Tex. Penal Code 21.11(a)(1) is not sexual abuse of a minor because it criminalizes sexual contact with 16-year-old victims. Special thanks to IRAC. (Matter of C-M-O-G-, 7/31/17) AILA Doc. No. 18081630

 

BIA Holds Arizona Statute Is Not a Firearms Offense

Unpublished BIA decision holds that misconduct involving weapons under Ariz. Rev. Stat. 13-3102(A)(4) is not a firearms offense because it prohibits possession knives and nunchaku. Special thanks to IRAC. (Matter of R-S-A-, 7/25/17) AILA Doc. No. 18081405

BIA Holds Michigan Assault Statute Is Not Sexual Abuse of a Minor

Unpublished BIA decision holds that assault with intent to commit criminal sexual conduct under Mich. Comp. Laws. 750.520g(1) is not aggravated felony sexual abuse of a minor because the age of the victim is not an element of the offense. Special thanks to IRAC. (Matter of W-P-M-, 7/18/17) AILA Doc. No. 18081404

 

BIA Holds Virginia Larceny Statute Not a Particularly Serious Crime

Unpublished BIA decision holds that grand larceny from the person under Va. Code Ann. 18.2-95 is not a particularly serious crime on its face, making it unnecessary to examine the underlying circumstances of the offense. Special thanks to IRAC. (Matter of J-J-V-, 7/18/17) AILA Doc. No. 18081300

 

BIA Finds Reentry As LPR Not an “Admission” Under INA 212(h)

Unpublished BIA decision holds that respondent was not subject to the aggravated felony bar in INA 212(h) because his reentry following a trip abroad did not qualify as an “admission” as an LPR. Special thanks to IRAC. (Matter of Reza, 7/18/16) AILA Doc. No. 18081303

 

DHS Issues Statement from Press Secretary on July 2018 Border Numbers

DHS issued a statement regarding the July 2018 border migration numbers, stating “DHS is continuing to refer to DOJ single adult illegal border crossers for prosecution at historic rates.” AILA Doc. No. 18081333

 

EOIR Provides Comparison Chart of In Absentia Rates

EOIR provides a comparison chart of in absentia rates from FY2014 through FY2018 (through 6/30/18). AILA Doc. No. 18081730

 

Bipartisan Senate Report on UACs Finds Agencies Haven’t Taken Sufficient Responsibility

The Senate Permanent Subcommittee on Investigations issued a report, finding that HHS and DHS have taken steps towards improving the care of UACs, but that they “still do not take sufficient responsibility for guarding their safety and ensuring they appear at their immigration court proceedings.” AILA Doc. No. 18081771

 

USCIS Performance Data on All Form Types for FY2018

USCIS statistics on all USCIS form types for the first and second quarter of FY2018, broken down by category (family, employment, humanitarian, citizenship and naturalization, and “other”), as well as by case status (received, approved, denied, pending). AILA Doc. No. 18051031

 

RESOURCES

 

EVENTS

11/26-28/18 CLINIC & NITA “Advocacy in Immigration Matters”

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

Wow! Sessions’s overt contempt for the Federal Judiciary continues to astonish! Perhaps that’s one of the reasons why he loses so many cases in the Federal Courts, even though the deck is generally stacked in favor of the Government because of judicial “deference” to agency interpretations.

Sorry, Jeff, but just because there are “three equal branches of government,” does it mean they exercise equal authority in all situations. To the contrary, the role of the Federal Courts is to insure that the laws enacted by Congress are Constitutional and that the Executive acts within the laws and the Constitution. That’s basic Marbury v. Madison.

Time and time again, the Article IIIs have found that Trump and Sessions are misusing their statutory authority and violating the Constitution with their immigration actions. Even the “vindication” in Trump v. Hawaii came only after plaintiffs and lower Federal Courts had forced the Administration to narrow the scope of the Executive Orders (twice) to make them at least arguably legal, according to a narrow majority of the Supremes.

Even recent Trump appointee, Justice Neil Gorsuch,  hardly known as a civil libertarian, sounded like a bastion of moderation, common sense, humanity, and Constitutional scholarship by comparison with Sessions “over the top” chastisement of the judiciary:

“I think that the right to have an independent judge tell you what the law is, no matter who you are, is one of the great liberties and genius of the constitutional design,” Gorsuch said. “It’s something that’s very real today for the immigrant, the criminal defendant, the unpopular, the minority.”

The most telling comment was delivered by community organizer Matthew Covington who said quite accurately: “Sessions has not been kind to any marginalized group and has actively undermined voting rights.” What a sad commentary on a man who violates his oath of office to uphold the Constitution and protect the rights of everyone in America (not just Trump’s White Nationalist base) every day he is in office.

PWS

08-22-18

Related posts:

  1. THE GIBSON REPORT — 05-13-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  2. THE GIBSON REPORT — 08-13-18 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Featuring Atlantic’s Franklin Foer & The Case For Ending The Current “ICEAge”
  3. THE GIBSON REPORT — 04-09-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Project — Why Acting DHS Secretary Kevin McAleenan Should End Up In Jail If He Follows Trump’s Unlawful & Unconstitutional Plans!
  4. BIA SEEKS TO REPEAL CAT BY MISINTERPRETATION; MUSALO’S FACT FINDING MISSION TO EL SALVADOR SHOWS MALICIOUS ABSURDITY OF REGIME’S BOGUS “SAFE THIRD COUNTRY” ASSAULT ON HUMAN RIGHTS; 9th & 11th CIRCUITS CONTINUE TO TANK ON THE RULE OF LAW; & OTHER LEGAL NEWS ABOUT THE WHITE NATIONALIST REGIME & THE RESISTANCE — The Gibson Report — 12-10-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

THE GIBSON REPORT — 08-13-18 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Featuring Atlantic’s Franklin Foer & The Case For Ending The Current “ICEAge”

Gibson Report 08-13-18 Gibson Report 08-13-18

How Trump Radicalized ICE

The Atlantic: The early trump era has witnessed wave after wave of seismic policy making related to immigration—the Muslim ban initially undertaken in his very first week in office, the rescission of DACA, the separation of families at the border. Amid the frantic attention these shifts have generated, it’s easy to lose track of the smaller changes that have been taking place. But with them, the administration has devised a scheme intended to unnerve undocumented immigrants by creating an overall tone of inhospitality and menace.

 

Stepped Up Illegal-Entry Prosecutions Reduce Those for Other Crimes

TRAC: The push to prioritize prosecuting illegal border crossers has begun to impact the capacity of federal prosecutors to enforce other federal laws. In March 2018, immigration prosecutions dominated so that in the five federal districts along the southwest border only one in seven prosecutions (14%) were for any non-immigration crimes.

 

Immigration Judges Union Slams Trump Administration For Undermining Courts

HuffPo: The National Association of Immigration Judges alleges that Trump administration officials transferred the case of an undocumented immigrant away from a Philadelphia-based immigration judge because the judge didn’t give them the outcome they wanted: a swift order of deportation when the immigrant didn’t show up in court for a hastily scheduled hearing.

 

“There Won’t Even Be A Paper Trail”: Has Stephen Miller Become A Shadow Master At The State Department?

Vanity Fair: For the past year, Miller has been quietly gutting the U.S. refugee program, slashing the number of people allowed into the country to the lowest level in decades. “His name hasn’t been on anything,” says a former U.S. official who worked on refugee issues. “He is working behind the scenes, he has planted all of his people in all of these positions, he is on the phone with them all of the time, and he is creating a side operation that will circumvent the normal, transparent policy process.” And he is succeeding.

 

Team Trump’s Plot to Block Legal Immigrants from Citizenship

Daily Show: Despite the Trump administration’s campaign promise to focus on illegal immigration, White House senior adviser Stephen Miller is crafting a plan to limit legal immigrants’ access to citizenship and green cards, especially for those who have used public assistance.

 

The Port of Entry

NPR: The wait time for migrants seeking asylum at legal ports of entry along the U.S.-Mexico border has recently increased from hours to weeks, causing some families to camp out for days. We go to the border to meet some of the people waiting there and explain the asylum process in the United States.

 

Colorado couple fighting to stop adopted 4-year-old daughter from being deported

The Hill: The Becerras legally adopted Angela through Peruvian court, and sought to bring her back to the U.S. after the adoption was finalized in 2017…The tourist visa that Angela was eventually granted is set to expire at the end of this month, but her immigration case was denied without explanation, according to the couple.

 

ICE Crashed a Van Full of Separated Mothers, Then Denied It Ever Happened

TX Observer: On July 18, a cargo van transporting eight Central American mothers separated from their children under Trump’s “zero tolerance” policy crashed into a pickup truck in San Marcos. An ICE contractor was taking the women from a detention center near Austin to the South Texas Detention Complex in Pearsall to be reunited with their kids. Even though police said the van was too damaged to continue driving and the women reported injuries, ICE repeatedly denied the crash ever took place.

 

Under Trump arrests of undocumented immigrants with no criminal record have tripled

NBC: The surge has been caused by a new ICE tactic of arresting — without warrants — people who are driving or walking down the street and using large-scale “sweeps” of likely immigrants, according to a class-action lawsuit filed in June by immigration rights advocates in Chicago.

 

The Thousands of Bodies Along the US-Mexico Border

NPR: In the last 18 years, more than 2,800 migrant bodies have been found along the Arizona border with Mexico. About 1,000 of the bodies are unidentified. We speak with a woman trying to identify them.

 

U.S. Mayors Send Letter to USCIS Regarding Backlog of Citizenship Applications

On 7/30/18, a group of U.S. mayors sent a letter to USCIS regarding the consistent backlog of citizenship applications before USCIS. The mayors urge USCIS to take aggressive steps to reduce the waiting time for processing citizenship applications down to six months. AILA Doc. No. 18080901. See also CHRCL Partners With NPNA And Others To FOIA U.S. Citizenship And Immigration Service For Reasons Behind

Skyrocketing Naturalization Backlog.

 

Coney Island Man Indicted for Posing as Immigrant Assistance Service Provider and Filing Dozens of Allegedly Fraudulent Asylum Applications

Brooklyn DA: The District Attorney identified the defendant as Vadim Alekseev, 42, of Coney Island, Brooklyn. He was arraigned today before Brooklyn Supreme Court Justice Danny Chun on a 21-count indictment in which he is charged with first-degree scheme to defraud, first-degree immigrant assistance services fraud, fourth-degree grand larceny, tampering with physical evidence and practicing or appearing as attorney-at-law without being admitted and registered. He was ordered held on $15,000 bail and to return to court on October 3, 2018. The defendant faces up to four years in prison if convicted on the top count.

 

LITIGATION/CASELAW/RULES/MEMOS

 

ACLU Files Lawsuit Regarding Expedited Removal and Matter of A-B-Asylum Policies

A federal judge ordered a woman and her daughter to be returned to the U.S. and threatened to hold AG Jeff Sessions in contempt after learning that they were in the process of being removed while a court hearing appealing their deportations was underway. (Grace, et al., v. Sessions, 8/9/18) AILA Doc. No. 18081004

 

Court rules Mexican mother can sue over cross-border Border Patrol shooting

Politico: A woman whose son was killed on Mexican soil by a U.S. Border Patrol agent in Arizona can sue for damages, a federal court ruled Tuesday. The U.S. Ninth Circuit Court of Appeals ruled that Border Patrol agent Lonnie Swartz is not entitled to qualified immunity, saying that the Fourth Amendment — which prohibits unreasonable searches and seizures — applies in this case.

 

DOJ Issues Statement on Court Order Ordering the Restoration of DACA Program

Attorney General Jeff Sessions issued a statement in response to the court order in the D.C. District Court, ordering the restoration of the DACA program, stating, “The Department of Justice will take every lawful measure to vindicate the Department of Homeland Security’s lawful rescission of DACA.” AILA Doc. No. 18080635

 

Federal Judge Certifies Class Action Against The Geo Group, Inc.

A District Court judge certified a class of current and former civil immigration detainees who performed work for The Geo Group, Inc. at its Northwest Detention Center in Tacoma, WA and were paid a $1 daily rate. (Nwauzor et al. v. The GEO Group Inc., 8/6/18) AILA Doc. No. 18080770

 

District Court Orders USCIS to Timely Adjudicate Initial EAD Asylum Applications

Following summary judgment briefing by both parties, the court ruled in Plaintiffs’ favor on July 26, 2018. The court ordered USCIS to follow the law and timely adjudicate initial EAD asylum applications. (Gonzalez Rosario v. USCIS, 7/26/18) AILA Doc. No. 15052630

 

Lawsuit Filed on Behalf of Parents Who Waived Right of Their Children to Pursue Asylum Claims

In a lawsuit filed on behalf of minor migrant children who were forcible separated from their parents and have been, or will be, reunified with them pursuant to Ms. L. v. ICE, the judge transferred three claims to be considered by the judge in the Ms. L. v. ICElawsuit. AILA Doc. No. 18080730

 

Judge Orders Full Restoration of DACA, with 20-Day Delay

A federal judge ruled that the Trump administration must fully restore the DACA program but delayed the order until 8/23/18 to allow the government to respond and appeal. (NAACP v. Trump, 8/3/18) AILA Doc. No. 17091933

 

BIA Dismisses Appeal, Finding Involvement in Animal Fighting Venture is CIMT

BIA reaffirmed its prior decision denying the respondent’s application for cancellation of removal and dismissed his appeal, finding that exhibiting or sponsoring an animal in an animal fighting venture is a crime involving moral turpitude. Matter of Ortega-Lopez, 27 I&N Dec. 382 (BIA 2018) AILA Doc. No. 18080637

 

BIA Reverses EWI Finding in Light of Respondent’s Credible Testimony

Unpublished BIA decision reverses finding that respondent was present without being admitted or paroled in light of his credible testimony that he last entered the country with a border crossing card. Special thanks to IRAC. (Matter of I-M-G-, 7/28/17) AILA Doc. No. 18080731

 

BIA Dismisses Appeal, Finding Respondent Ineligible for Cancellation of Removal

BIA found that the IJ properly determined that the respondent is ineligible for cancellation of removal following his violation of a protection order, because he has been convicted of an offense under INA §237(a)(2)(E)(ii). Matter of Medina-Jimenez, 27 I&N Dec. 399 (BIA 2018) AILA Doc. No. 18080736

 

BIA Holds Oklahoma Statute Not an Aggravated Felony Theft Offense

Unpublished BIA decision holds that larceny from a person under Okla. Stat. tit. 21 § 1701 is not an aggravated felony theft offense because it encompasses takings that were fraudulently obtained with the consent of the owner. Special thanks to IRAC. (Matter of Lopez-Hernandez, 7/14/17) AILA Doc. No. 18080937

 

BIA Rescinds In Absentia Order for Respondent Who Arrived Late to Hearing

Unpublished BIA decision rescinds in absentia order against respondent who arrived at 10:45 am for a 9:00 am hearing after his vehicle experienced a mechanical failure, finding that he did not fail to appear for his hearing. Special thanks to IRAC. (Matter of Rivas-Diaz, 7/18/17) AILA Doc. No. 18081044

 

BIA Holds Virginia Larceny Statute Not a Particularly Serious Crime

Unpublished BIA decision holds that grand larceny from the person under Va. Code Ann. 18.2-95 is not a particularly serious crime on its face, making it unnecessary to examine the underlying circumstances of the offense. Special thanks to IRAC. (Matter of J-J-V-, 7/18/17) AILA Doc. No. 18081300

 

BIA Finds Reentry As LPR Not an “Admission” Under INA 212(h)

Unpublished BIA decision holds that respondent was not subject to the aggravated felony bar in INA 212(h) because his reentry following a trip abroad did not qualify as an “admission” as an LPR. Special thanks to IRAC. (Matter of Reza, 7/18/16) AILA Doc. No. 18081303

 

ICE Information on the Document and Benefit Fraud Task Forces

ICE provides background information into the document and benefit fraud task forces, including the 28 locations around the United States. HSI has partnered with federal, state, and local counterparts to create these task forces. AILA Doc. No. 18080802

 

DOS Responds Regarding Impact of Travel Ban 3.0 on Visa Processing

A 6/22/18 letter from DOS to Senator Van Hollen on the impact of Presidential Proclamation 9645 (Travel Ban 3.0) on the processing of U.S. visas. Letter includes information about the number of applicants from impacted countries who have applied for visas and those who have been cleared for waivers. AILA Doc. No. 18080900

 

GAO Finds CBP Is Proceeding Without Key Information Regarding Border Barriers

The GAO reviewed DHS’s efforts to deploy barriers along the southwest border, and issued a report finding that CBP is evaluating designs and locations for border barriers but is proceeding without key information, such as an analysis of the costs based on location or segment, which can vary widely. AILA Doc. No. 18080903

 

RESOURCES

 

 

EVENTS

 

11/26-28/18 CLINIC & NITA “Advocacy in Immigration Matters”

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

Check out Elizabeth’s first item, Franklin Foer’s outstanding article in The Atlantic on how Trump, Sessions, & Miller have turned ICE into a modern “Mini-Gestapo” deporting individuals who actually are contributing mightily to the United States and its economy while sowing terror in the ethnic communities. Sure sounds familiar to those of us who recently toured the Holocaust Museum.

That’s why 19 of the real “pros’ at ICE, the agents of Homeland Security Investigations (“HSI”), petitioned recently to escape from the toxic unproductive atmosphere of ICE and distance themselves from the tarnished “ICE brand” which actually greatly diminishes real law enforcement efforts.

Foer makes a compelling case for abolishing ICE and reconstituting its real law enforcement functions into a new agency with more professional and unbiased leadership. Not going to happen now. But, eventually there will be “regime change” in America (or America as we know it will cease to exist). When that happens, a meltdown of the current ICE and recasting it should be a top priority for Congress and the Executive.

Until then, the “New Due Process Army” (of which Elizabeth Gibson is a charter member) will be fighting ICE’s overkill (and, I might add, gross waste of taxpayer funds on counterproductive “enforcement”) every step of the way!

PWS

08-14-18

 

Related posts:

  1. PROFESSOR FITZ BRUNDAGE @ WASHPOST: Can We Regain Our Humanitarian Values In The Age Of Trump? — “We must shine a spotlight on cruel and illegal policies that undermine our national ideals and find the wisdom and the courage to do better.”
  2. HOW “AMERICA’S KILLER COURTS” PROMOTE “CRIMES AGAINST HUMANITY” — HUMAN RIGHTS WATCH: TRUMP & HIS WHITE NATIONALIST SYCOPHANTS & TOADIES TOUT LAWLESS POLICIES THAT VIOLATE LEGAL OBLIGATIONS & HELP KILL, RAPE, TORTURE THOSE RETURNED TO EL SALVADOR — Supremes & Article III Judiciary Complicit In Gross Human Rights Violations! 
  3. REPORT FROM FBA, AUSTIN: Read My Speech “JUSTICE BETRAYED: THE INTENTIONAL MISTREATMENT OF CENTRAL AMERICAN ASYLUM APPLICANTS BY THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW”
  4. COMPLICITY HAS COSTS:  Article III Judges’ Association Apparently Worries That Trump, Barr, GOP Toadies Starting To “Treat Them Like Immigration Judges” — Do They Fear Descent To Status Of Mere Refugees, Immigrants, “Dreamers,” Unaccompanied Children, Or Others Treated As “Less Than Persons” By Trump, 5th Cir., 11th Cir., 9th Cir., & The Supremes’ “J.R. Five?” 

THE GIBSON REPORT — 08-06-18 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

GIBSON REPORT 08-06-18

TOP UPDATES

 

In Case Involving Rescission of DACA Program, 90-Day Deadline Extended Indefinitely

A federal judge ruled that the Trump administration must fully restore the DACA program but delayed the order until August 23, 2018, to allow the government to respond and appeal. In the decision, the court stated, “The Court therefore reaffirms its conclusion that DACA’s rescission was unlawful and must be set aside.” (NAACP v. Trump, 6/27/18) AILA Doc. No. 17091933.

NYIC: A ruling by the judge in the competing Texas lawsuit, which challenges the legality of the DACA program, is expected by August 8th. It is unclear what will happen if the Texas judge rules the program must end. In all likelihood, a stay of the DC decision would be requested to the Supreme Court, which would need 5 justices to rule on it over the summer. In that case the DACA program could be suspended until an appeal of both decisions could be heard in the fall/winter by the full Court.

 

USCIS Postpones Implementation of Policy Memo on Issuance of Notices to Appear

USCIS announced that its components have yet to issue new or updated operational guidance on Notices to Appear (NTAs) and Referrals to ICE (RTIs), as instructed by the 6/28/18 policy memo on NTAs; therefore, implementation of the 6/28/18 memo is postponed until the operational guidance is issued. AILA Doc. No. 18073070

 

Court Decision Ensures Asylum Seekers Notice of the One-Year Filing Deadline and an Adequate Mechanism to Timely File Applications

AIC: Judge Ricardo S. Martinez of the U.S. District Court for the Western District of Washington issued a significant decision regarding the one-year filing deadline for asylum applications. The decision has nationwide implications for thousands of asylum seekers.

 

Findings of Credible Fear Plummet Amid Widely Disparate Outcomes by Location and Judge

TRAC: Immigration Court outcomes in credible fear reviews (CFR) have recently undergone a dramatic change. Starting in January 2018, court findings of credible fear began to plummet. By June 2018, only 14.7 percent of the CFR Immigration Court decisions found the asylum seeker had a “credible fear.” This was just half the level that had prevailed during the last six months of 2017.

 

Retired judges protesting DOJ’s involvement in deportation case

The Hill: The 15 former judges are claiming the Executive Office for Immigration Review (EOIR) improperly removed an immigration judge from a Philadelphia deportation case [Castro-Tum] in order to replace him with a judge who immediately ordered the defendant be deported. They are claiming this intervention amounts to judicial interference.

 

How Trump’s Quota Plan Could Punish New York’s Immigration Judges

WNYC: An analysis by WNYC finds judges in New York City, which has the nation’s busiest immigration court, would fail to meet the case completion standard. On average, the New York immigration judges completed just 566 cases a year. But in other courts, such as Houston, judges completed more than 1,400 cases a year. The Justice Department has said that over the last five years, the average judge finished 678 cases in a year.

 

Inside EOIR: Resigning Employee Gives Insights Into Why EOIR Is Failing Under Sessions And How To Fix It

Courtside: “I haven’t heard one single Civil Servant who thinks that the imposition of quotas on the Immigration Judges is a good idea. On the other hand, many Civil Servants—if only they had a meaningful chance to be heard—have excellent ideas that, if implemented, would improve efficiency without violating due process. It’s not too late to prevent being on the wrong side of history.”

See also:

 

Cities, States Resist — And Assist — Immigration Crackdown In New Ways

HuffPo: As the Trump administration this year ratcheted up its efforts to curb illegal immigration, cities and states experimented with new ways to resist — or assist — the crackdown… Iowa, North Carolina and Tennessee enacted anti-sanctuary laws requiring cities to cooperate with immigration authorities, and lawmakers in 16 other states tried but failed to do the same.

 

NY EOIR Retirements

From the listservs: IJs Vomacka and Hom have retired (although there also is a new IJ Hom, no relation).  Apparently, there may be a new batch of IJs starting in NY in September.

 

Newark Asylum Office Affirmative Asylum Public Scheduling Update

AO: Details on expedited interviews and the short-notice list attached.

 

LITIGATION/CASELAW/RULES/MEMOS

 

DOJ’s Immigration Court Practice Manual (Updated on 8/2/18)

The Office of the Chief Immigration Judge updated its Immigration Court Practice Manual, a comprehensive guide on uniform procedures, recommendations, and requirements for practice before Immigration Courts. Updates were made to the introduction and 4.18, while Chapter 8 was replaced. AILA Doc. No. 18080305

 

Immigration Worker Charged with Sexually Molesting Eight Migrant Children at Detention Facility

People: An immigration worker who is HIV-positive has been charged with sexually abusing at least eight unaccompanied immigrant boys at an Arizona detention center.

 

Court Decision Ensures Asylum Seekers Notice of the One-Year Filing Deadline and an Adequate Mechanism to Timely File Applications

AIC: Judge Ricardo S. Martinez of the U.S. District Court for the Western District of Washington issued a significant decision regarding the one-year filing deadline for asylum applications. The decision has nationwide implications for thousands of asylum seekers.

 

CA5 Upholds BIA’s Rejection of Ineffective Assistance Claim

The court rules the motion to reopen application for cancellation of removal was properly denied as untimely, and, because petitioner’s failed to establish ineffective assistance of counsel, was not subject to equitable tolling. (Diaz v. Sessions, 6/28/18) AILA Doc. No. 18073105

CA7 Rejects Challenges to BIA’s Denial of Motion to Reconsider Dismissal of Appeal

The court found that the BIA did not abuse its discretion in denying motion when petitioner challenged only one of the two adequate reasons Board gave for summarily dismissing case. Nor did BIA abuse its discretion in assigning case to single Board member. (Cortina-Chavez v. Sessions, 7/5/18) AILA Doc. No. 18073104

CA8 Rules that Missouri Controlled Substance Statute Is Divisible

The court denied the petition to review the BIA conclusion that the LPR was removable for a prior conviction under Missouri statute, which it found was categorical match to elements of §237(a)(2)(B)(i). (Bueno-Muela v. Sessions, 6/27/18) AILA Doc. No. 18073103

 

CA8 Affirms BIA’s Dismissal of Untimely Appeal of Voluntary Departure Order

The court ruled that rationale of Supreme Court’s Dada decision, which concerned post-conclusion voluntary departure, should apply to this case, which involved a pre-conclusion voluntary departure order. (Camick v. Sessions, 6/8/18) AILA Doc. No. 18073109

CA8 Rejects Gang Murder Witness’ Purported Social Group

The court upheld the BIA’s finding that “former taxi drivers from Quezaltepeque who have witnessed a gang murder” was not socially distinct and thus could not qualify as “particular social group.” (Miranda v. Sessions, 6/11/18) AILA Doc. No. 18073107

CA9 Considers Both Charging Document and Statute in Aggravated Felony Analysis

Declining to review BIA’s denial of cancellation application, court ruled that guilty plea to charge of violating Washington child assault statute “with sexual motivation” brings conviction within definition of federal offense of sexual abuse of minor. (Quintero-Cisneros v. Sessions, 6/11/18) AILA Doc. No. 18073106

CA11 Vacates Its Sopo Decision Regarding Prolonged Detention

Upon government’s unopposed motion, court vacated its June 2016 decision as moot. (Sopo v. Att’y Gen., 5/17/18) AILA Doc. No. 18073108

 

EOIR Provides Strategic Communications Plan for FY2017

In response to a FOIA request made by Beryl Lipton at MuckRock, EOIR provided it Strategic Communications Plan for FY2017, which was issued to EOIR personnel on 9/1/17. The plan includes a five-phase approach and calls for quarterly review and updating. AILA Doc. No. 18080303

 

RESOURCES

 

EVENTS

 

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

Thanks, Elizabeth. Lots to keep up with these days.

PWS

08-07-18

Related posts:

  1. KEEP UP TO DATE WITH ALL OF THE REGIME’S LATEST ANTI-IMMIGRANT SCHEMES, GIMMICKS, & SHENANIGANS – THE GIBSON REPORT – 01-06-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  2. THE GIBSON REPORT – 09-29-20 – Compiled by Elizabeth Gibson, Esquire, NY Legal Assistance Group – Another Tone-Deaf, Far Right Justice; Higher Fees For Worse Service; Detained Until Dead (“DUD Policy”)☠️⚰️; Dumping On International Students; & Other Nation-Destroying 🏴‍☠️News From The Trump Regime Twilight Zone! 
  3. THE GIBSON REPORT — 10-05-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Federal Judge Rules Trump Not A Monarch; More Intentional Cruelty, Lies, & Threats Of Politically-Inspired Racist Attacks On Ethnic Communities From DHS; Trump Regime Dumps On Refugees & Commies; Cert. Granted In Credibility Case Apparently Seeking To Screw Refugees At Request Of SG; & Other “Interesting & Sometimes Disturbing Stuff”⚖️
  4. ⚖️THE GIBSON REPORT — 03-15-21 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Keep Up To Date On The Biden Administration’s Immigration Plans & Actions!

THE GIBSON REPORT 07-23-18 — COMPILED BY ELIZABETH GIBSON, ESQUIRE, NY LEGAL ASSISTANCE GROUP — LEAD ITEM – 2D CIR. SAYS BIA WRONG AGAIN, THIS TIME ON NY 3RD DEGREE MARIHUANA SALES!

THE GIBSON REPORT 07-25-18

THE GIBSON REPORT 07-23-18

 

TOP UPDATES

 

3d Degree Marijuana Sale Not an Ag Fel (NYPL 221.45) & realistic probability

2nd Cir: “The BIA decision rested on the observation that there was no “realistic probability” that New York would apply NYPL §221.45 to conduct outside the generic federal felony. That was error because the state statute on its face punishes conduct classified as a federal misdemeanor.”

 

Immigration cop shortage and a caution against hiring too quickly

WaPo: Customs and Border Protection (CBP) remains below authorized levels despite increasing the job applications received, cutting the time to hire and boosting the percentage of applicants employed.

 

New G-28 and I-765 Forms

USCIS just released a new version of the G-28 and I-765 and will no longer accept previous versions starting September 17th

 

Impact of Sessions’ asylum move already felt at border

CNN: Immigrants are already being turned away at the border under Attorney General Jeff Sessions’ recent reinterpretation of asylum law. And advocates for them fear there may be no end to it anytime soon.

 

Immigrant Children Describe Hunger and  Cold in Detention

AP: The children’s descriptions of various facilities are part of a voluminous and at times scathing report filed in federal court this week in Los Angeles in a case over whether the Trump administration is meeting its obligations under a long-standing settlement governing how young immigrants should be treated in custody.

 

City of Fear

NYMag: In the eight months following Donald Trump’s inauguration, ICE arrests in the region jumped by 67 percent compared to the same period in the previous year, and arrests of immigrants with no criminal convictions increased 225 percent. During that time, ICE arrested 2,031 people in its New York “area of responsibility,” which includes the five boroughs and surrounding counties. These aren’t unprecedented numbers: ICE arrested almost four times as many people in 2010 in New York as it did last year, and it picks up far fewer people here than in other parts of the country.

 

A fate worse than separation awaits Central American families

Seattle Times: Under two court orders, the government is now reuniting migrant children with their mothers. Although the California court that ordered the reunification may permit continued detention of the families until their asylum claims can be decided, something worse than separation or detention awaits those mothers who are deported: rape and death.

 

The Trump Administration Is Working to Deport More Legal Immigrants

MJ: Earlier this month, as outrage continued over the Trump administration’s family separation policies, another immigration agency quietly introduced several changes that could threaten even more immigrants, many of them here legally, with deportation.

 

Chasing Down the Rumors: EOIR Hotline Once Again Includes Names of Immigration Judges

EOIR is once again including the names of immigration judges on its automated case status hotline, reversing course following complaints over the names being removed from the system in March 2018. AILA Doc. No. 16112144

 

Update on VTC at Varick Street

AILA: Despite advocacy, NY Field Officer Director Tom Decker has made no moves  to change the new policy that all NYC detained cases will now be conducted via video teleconferencing (“VTC”) for all hearings.

 

New York City Bar Issues Recommendations Regarding ICE Enforcement in New York State Courthouses

The New York City Bar issued a report with recommendations on the increasing number of ICE civil arrests being conducted in and around New York State courthouses, stating that if continued, “this practice poses a threat to the New York State court system’s ability to ensure access to justice….” AILA Doc. No. 18072303

 

Think Immigration: The President’s Proposal to Eliminate Due Process at the Border

In this blog post, AILA Policy Counsel Jason Boyd highlights recent tweets from the president that attack due process for asylum seekers and explains how and why, if implemented, such changes would violate U.S. asylum laws. AILA Doc. No. 18071636

 

LITIGATION/CASELAW/RULES/MEMOS

 

District Court Judge Orders Reunification of Parents and Children

On 7/16/18, Judge Dana Sabraw granted an interim stay of removal for class members who may be subject to deportation. (Ms. L.; et al., v. ICE, 7/16/18) AILA Doc. No. 18060800

 

ICE Provides Guidance to OPLA Attorneys on Administrative Closure Following Matter of Castro-Tum

ICE provides guidance to OPLA attorneys litigating administrative closure in the wake of the Attorney General’s precedent decision in Matter of Castro-Tum. Guidance obtained from the blog, Immigration Courtside. AILA Doc. No. 18072074

 

DHS Announces Extension of TPS for Somalia for 18 Months

DHS announced the extension of the Temporary Protected Status (TPS) designation for Somalia for 18 months, through March 17, 2020. Further details, including information about the re-registration process and employment authorization documents, will appear in a Federal Register notice. AILA Doc. No. 18071931

 

EOIR Provides User Manual for Expanded Electronic Filing Pilot

EOIR provided a user manual on its expanded electronic filing pilot that explains the procedures for participation. Participation in the pilot program is on a voluntary basis, and pilot participants must adhere to the procedures in this manual, effective July 16, 2018. AILA Doc. No. 18072072

 

2018 USCIS Form Updates

 

RESOURCES

 

 

EVENTS

 

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Ah, another day, another major mistake by the BIA affecting Due Process and individuals’ lives. Sadly, nobody seems interested in solving the problem except the “New Due Process Army.” Absurdly, scofflow, child abuser Attorney General Jeff Sessions seeks to further truncate immigrants’ rights and to “speed up” an already broken system even as the wheels come off! The Second Circuit case is Hylton v. Sessions.

PWS

07-25-18

Related posts:

  1. THE GIBSON REPORT — 04-09-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Project — Why Acting DHS Secretary Kevin McAleenan Should End Up In Jail If He Follows Trump’s Unlawful & Unconstitutional Plans!
  2. THE GIBSON REPORT — 10-12-20 — Compiled By Elizabeth Gibson, Esquire. NY Legal Assistance Group —  DocumentedNY Takes You Inside The Maliciously Incompetent Kakistocracy Known As Immigration “Courts,” That Aren’t “Courts” At All & Where The Victims Might Never Have Any Idea Of Why They Are Being “Ordered Deported” By “Judges” Beholden To the Regime’s Corrupt & Racist Enforcement Apparatus! (Item #5 Under “Top- News”) — Plus Other News From The Regime’s “Twilight Zone!”
  3. THE GIBSON REPORT — 05-13-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  4. BIA SEEKS TO REPEAL CAT BY MISINTERPRETATION; MUSALO’S FACT FINDING MISSION TO EL SALVADOR SHOWS MALICIOUS ABSURDITY OF REGIME’S BOGUS “SAFE THIRD COUNTRY” ASSAULT ON HUMAN RIGHTS; 9th & 11th CIRCUITS CONTINUE TO TANK ON THE RULE OF LAW; & OTHER LEGAL NEWS ABOUT THE WHITE NATIONALIST REGIME & THE RESISTANCE — The Gibson Report — 12-10-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

THE GIBSON REPORT – 07-09-18 – Compiled by Elizabeth Gibson, Esquire, NY Legal Assistance Group

THE GIBSON REPORT 07-09-18

NTA Memo Suggests U/T/VAWA Denials Will Be NTAed

Memo: “USCIS will issue an NTA where, upon issuance of an unfavorable decision on an application, petition, or benefit request, the alien is not lawfully present in the United States.” + “In cases involving the confidentiality protections at 8 U.S.C. § 1367(a)(2), [U visas, T visas, VAWA, etc.] USCIS must follow the guidelines established in this PM, once the benefit request has been denied. 8 U.S.C. § 1367 does not preclude USCIS from serving an NTA upon the attorney of record or safe mailing address.” [For anyone not aware, previous policy was that NTAs would not be issued in these denials since that would undermine the purpose of these protections by discouraging people from reporting crimes.] See also: A quiet change in US policy threatens immigrants who apply for a change in status

 

1-Year-Old Shows Up In Immigration Court

NPR: John W. Richardson, the judge at the Phoenix courthouse, said he was “embarrassed to ask” if the defendant understood the proceedings. “I don’t know who you would explain it to, unless you think that a 1-year-old could learn immigration law,” he told Johan’s attorney. The boy had been separated from his father, who left the United States for their country of Honduras under the impression that his son would go with him, Johan’s lawyer said.

 

California, long a holdout, adopts mass immigration hearings

ABC: [Today], the court will try to curb the caseload by assigning a judge to oversee misdemeanor immigration cases and holding large, group hearings that critics call assembly-line justice. The move puts California in line with other border states, and it captures the strain that zero tolerance has put on federal courts, particularly in the nation’s most populous state, which has long resisted mass hearings for illegal border crossing.

 

Immigrant NYC Grandparents Detained While Visiting Son-in-Law at Fort Drum, Family Says

NBC: A Mexican family from Brooklyn says they were headed upstate to Fort Drum to celebrate Independence Day with an Army sergeant family member when border patrol agents questioned their parents’ New York City IDs, and then took them to a detention facility hundreds of miles away.

 

Sessions rescinds DOJ guidance on refugees, asylum seekers’ right to work

The Hill: Attorney General Jeff Sessions on Tuesday rescinded 2011 Department of Justice (DOJ) guidance that dictated refugees and asylum seekers have the right to work in the U.S…. A Justice Department spokesperson told The Hill that the document was rescinded after a 2014 document laid out similar guidelines, including those on refugees and asylum seekers being allowed to work indefinitely. See also: Refugees and Asylees: What You Need to Know about the Form I-9; Refugees and Asylees Have The Right To Work: What Employers Should Know; DOJ Employment Rights and Resources for Refugees and Asylees.

 

US Army quietly discharging immigrant recruits

AP: The AP was unable to quantify how many men and women who enlisted through the special recruitment program have been booted from the Army, but immigration attorneys say they know of more than 40 who have been discharged or whose status has become questionable, jeopardizing their futures.

 

For many waiting in Tijuana, a mysterious notebook is the key to seeking asylum

LA Times: The notebook became a way for the immigrants to keep track of who is next in line. The book’s guardian — always an asylum seeker — scrawls each person’s name and country of origin in blue ink. The names of those who already entered the port of entry to make their case for refuge are highlighted in yellow or pink.

 

Immigration Courts Are Rolling out an Electronic Filing Pilot Program in July

AIC: The immigration court system will begin to roll out an electronic filing pilot program in six immigration courts on July 16 this year, representing an important advancement for these courts that still heavily rely on paper documentation.

 

DHS OIG Finds ICE’s Inspections and Monitoring of Detention Facilities Do Not Lead to Sustained Compliance or Systemic Improvements

DHS OIG found that neither the inspections nor the onsite monitoring of ICE’s 200 detention facilities ensure consistent compliance with detention standards, nor do they promote comprehensive deficiency corrections. OIG issued five recommendations and proposed steps and ICE concurred. AILA Doc. No. 18070263

 

TRAC: Three-fold Difference in Immigration Bond Amounts by Court Location

Transactional Records Access Clearinghouse found that data, current through May 2018, revealed a three-fold difference across immigration courts in the median bond amount set. The highest median bond amounts were required by the Tacoma, WA Immigration Court and the Hartford, CT Immigration Court. AILA Doc. No. 18070233

 

LITIGATION/CASELAW/RULES/MEMOS

 

Immigration in the Supreme Court: The Final 2017 Term Scorecard

ImmProf: The Supreme Court decided four core immigration cases in the 2017 Term.  The travel ban case was significant but there was much more. Interestingly, immigrants won as much as the Trump administration.

 

Federal Judge Orders Immediate Release or Grant of Hearing for More Than 1,000 Asylum Seekers

A U.S. District Court granted the plaintiffs’ motions for a preliminary injunction and provisional class certification, ordering the U.S. government to immediately release or grant hearings to more than 1,000 asylum seekers held at five ICE field offices. (Damus, et. al., v. Nielsen, 7/2/18) AILA Doc. No. 18070331

 

Class Action Lawsuit Filed Challenging Prolonged Detention of Immigrant Children in New York

A federal judge granted a preliminary injunction, ending a policy of the ORR Director Scott Lloyd personally reviewing and approving the release of any detained immigrant child who is or has ever been in a heightened supervision placement while in ORR custody. (L.V.M v. Lloyd, 6/27/18) AILA Doc. No. 18022262

 

ICE Separated Parent’s Removal Form Pursuant to Ms. L. v. ICELawsuit

This ICE form may be used by detained alien parents with administratively final orders of removal who are class members in the Ms. L. v. I.C.E., No. 18-0428, (S.D. Cal. Filed Feb. 26, 2018) lawsuit. AILA Doc. No. 18070532

 

Lawsuit Filed Against CBP, Alleging CBP Turned Away Asylum Seeker and Falsified Paper Trail

The American Immigration Council, along with partners, filed a lawsuit involving a Mexican national who feared persecution based on sexual orientation. Border Patrol officers deprived him of an opportunity to articulate his fear of return. (Cagnant v. U.S., 6/7/18) AILA Doc. No. 18070535

 

Documents Related to Lawsuit Over Discharge of Non-Citizens from U.S. Military

The plaintiff filed a complaint in district court arguing that his purported discharge order violated Army regulations, DOD regulations, and the fundamental requirements of due process. He was recruited by and enlisted through the MAVNI program. (Calixto v. Department of the Army, 6/28/18) AILA Doc. No. 18070900

 

Federal Judge Rules on Preliminary Injunction of California “Sanctuary” Laws

ImmProf: In an order dated July 4, 2018, U.S. District Judge John A. Mendez (E.D. Cal.) ruled on the U.S. government’s motion for a preliminary injunction barring implementation of various California “sanctuary laws.”  In a 60 page order, the court declined to enjoin large portions of three California laws aimed at limiting state and local agencies’ cooperation with the Trump administration’s immigration enforcement.

 

CA1 Finds No Jurisdiction to Review Denial of Claim for Deferral of Removal

The court denied the petition for review, finding that the petitioner did not show that the record compels the conclusion that he is entitled to deferral of removal and that evidence of official acquiescence in torture was too speculative. (Morris v. Sessions, 5/30/18) AILA Doc. No. 18070264

 

DHS Announces Extension of Yemen’s TPS Designation for 18 Months

DHS announced the extension of the Temporary Protected Status (TPS) designation for Yemen for 18 months, effective through 3/3/20. There are approximately 1,250 Yemeni TPS beneficiaries. Additional information will be published in the Federal Register. AILA Doc. No. 18070602

 

ICE Provides First Quarterly Report on VOICE

ICE provided a quarterly report with information on those individuals who have been assisted as a direct result of their call to the VOICE Office. From April to September 2017, 4,602 calls came into the hotline, with 2,515 categorized as “other (commentary or unrelated).” AILA Doc. No. 18070330

 

DHS Released Its Seminannual Regulatory Agenda

DHS released its semiannual regulatory agenda providing a summary of projected regulations, existing regulations, and completed actions of DHS and its components. (83 FR 27138, 6/11/18) AILA Doc. No. 18070630

 

ACTIONS

 

 

RESOURCES

 

 

EVENTS

 

 

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Many thanks, Elizabeth!

Item 1 shows how under Trump & Sessions, USCIS is moving away from its traditional Congressionally authorized role to become yet another part of the Administration’s racist, xenophobic and counterproductive immigration enforcement mechanism.

Once we get some much-needed “regime change,” the entire role of DHS and how it has been perverted and misdirected under Trump & Sessions must be reexamined.

PWS

07-10-18

 

 

Related posts:

  1. THE GIBSON REPORT – 07-02-18 – COMPILED BY ELIZABETH GIBSON, ESQUIRE, NY LEGAL ASSISTANCE GROUP
  2. THE GIBSON REPORT 04-22-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  3. KEEP UP TO DATE WITH ALL OF THE REGIME’S LATEST ANTI-IMMIGRANT SCHEMES, GIMMICKS, & SHENANIGANS – THE GIBSON REPORT – 01-06-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  4. THE GIBSON REPORT — 10-05-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Federal Judge Rules Trump Not A Monarch; More Intentional Cruelty, Lies, & Threats Of Politically-Inspired Racist Attacks On Ethnic Communities From DHS; Trump Regime Dumps On Refugees & Commies; Cert. Granted In Credibility Case Apparently Seeking To Screw Refugees At Request Of SG; & Other “Interesting & Sometimes Disturbing Stuff”⚖️

THE GIBSON REPORT – 07-02-18 – COMPILED BY ELIZABETH GIBSON, ESQUIRE, NY LEGAL ASSISTANCE GROUP

TOP UPDATES

 

Trump administration plan would bar people who enter illegally from getting asylum

Vox: The Department of Justice, under Attorney General Jeff Sessions, is drafting a plan that would totally overhaul asylum policy in the United States. Under the plan, people would be barred from getting asylum if they came into the US between ports of entry and were prosecuted for illegal entry. It would also add presumptions that would make it extremely difficult for Central Americans to qualify for asylum, and codify — in an even more restrictive form — an opinion written by Sessions in June that attempted to restrict asylum for victims of domestic and gang violence.

 

Trump’s Travel Ban: How It Works and Who Is Affected

NYT: It indefinitely suspends the issuance of immigrant and nonimmigrant visas to applicants from the Muslim-majority countries Libya, Iran, Somalia, Syria and Yemen — plus North Korea and Venezuela… The United States government says it has a comprehensive system for issuing what are known as waivers to people from the affected countries who need visas. See also attached Legal Aid practice advisory.

 

Standby Guardianship Legislation Passes in NY

Daily News: Undocumented immigrants facing possible deportation will now be able to name legal guardians for their children under a bill signed into law Wednesday by Gov. Cuomo.

 

The Vera Institute of Justice launches Phase One of the Immigrant Connection Project

Vera: The Unaccompanied Children Program of the Vera Institute of Justice is launching Phase One of our Immigrant Connection Project (ICON) to help parents and children who were separated upon apprehension by immigration authorities to begin to reestablish contact and assess their legal options as a family.

 

Matter of NEGUSIE, 27 I&N Dec. 347 (BIA 2018)

An applicant who is subject to being barred from establishing eligibility for asylum or withholding of removal based on the persecution of others may claim a duress defense, which is limited in nature.

 

Man arrested after shouting ‘womp, womp’ and pulling a gun on immigration protesters

WaPo: A Huntsville police spokesman said the man — identified as 34-year-old Shane Ryan Sealy — pushed one of the protesters, who pushed him back and knocked him to the ground, at which point Sealy allegedly produced the weapon.

 

TRAC Report Provides New Details on Border Arrests

TRAC analyzes data on Border Patrol apprehensions, current through April 2018, finding apprehensions of adults with children are lower than last year, most adults arrested are quickly deported, more than half of children arrested with parents in April 2018 were seven years old or younger, and more. AILA Doc. No. 18062739

 

More Students Are Studying Immigration Law Because of President Trump’s Policies

TIME: According to the American Bar Association Journal, student interest in immigration law has increased at many schools in recent years, and the American Immigration Lawyers Association says its student membership has doubled in the past 18 months.

 

Missouri-Kansas Immigration Attorneys Condemn ICE Officer’s Actions

On 6/27/18, the Missouri-Kansas AILA Chapter issued a press statement condemning an ICE officer’s use of force against an immigration attorney and chapter member as she represented her three-year old client. The chapter also calls for a full investigation into the incident. AILA Doc. No. 18062832

 

ICE Agents Issue Letter to DHS Requesting HSI and ERO Become Separate Entities

In a letter obtained by the Texas Observer, 29 ICE HSI agents requested that HSI be separated from ERO, stating “HSI’s investigations have been perceived as targeting undocumented aliens, instead of the transnational criminal organizations… impacting our communities and national security.” AILA Doc. No. 18062800

 

Under Trump, higher immigration bonds mean longer family separations

PBS: Federal judges are setting unusually large bonds for detained immigrants, immigration attorneys say, including for parents who were separated from their children at the border, a shift that has delayed the parents’ release even as the Trump administration insists it is making every effort to bring families back together.

 

Nearly 600 women arrested at immigration protests in Senate building

Vox: Hundreds of women staged a sit-in against family separation and detention Thursday in the Senate’s Hart Office Building. It followed a morning of protests and marching in DC from Freedom Plaza to the Department of Justice to Congress.

 

Sponsors of Migrant Children Face Steep Transport Fees and Red Tape

NYT: Families hoping to win release for the thousands of migrant children being held by federal immigration authorities are finding they have to navigate an exhausting, intimidating — and sometimes expensive — thicket of requirements before the youngsters can be released.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Supreme Court Upholds President Trump’s Third Travel Ban

The Supreme Court upheld President Trump’s September 24, 2017 Proclamation (Travel Ban 3.0), which currently excludes nationals from seven countries, stating that the proclamation was “squarely within the scope of Presidential authority under the INA.” (Trump v. Hawaii, 6/26/18) AILA Doc. No. 18062670

 

Supreme Court Determines Appellate Courts Must Fix Sentencing Errors

The Supreme Court determined that appellate courts should correct sentencing mistakes, finding that such errors will “seriously affect the fairness, integrity, or public reputation of judicial proceedings, and thus will warrant relief.” (Rosales-Mireles v. United States, 6/18/18) AILA Doc. No. 18062635

 

CA1 Rules that BIA Erred in Failing to Analyze Past Persecution Under Childhood Standard

The court vacated the BIA’s order dismissing the petitioner’s appeal and remanded, finding that because the Ecuadorian asylum applicant was a minor at time of mistreatment, IJ and BIA should have taken a child-specific analysis. (Santos-Guaman v. Sessions, 5/23/18) AILA Doc. No. 18062546

 

CA1 Finds No Jurisdiction to Review Denial of Claim for Deferral of Removal

The court denied the petition for review, finding that the petitioner did not show that the record compels the conclusion that he is entitled to deferral of removal and that evidence of official acquiescence in torture was too speculative. (Morris v. Sessions, 5/30/18) AILA Doc. No. 18070264

 

CA2 Holds that Petitioner With Stay of Removal Is Not Held Pursuant to INA §241

The court held that when a stay of removal has been issued by the circuit court, an immigrant is not held pursuant to INA §241 because they are not in the “removal period” contemplated by the statute until the appeal has been resolved. (Hechavarria v. Sessions, 5/16/18, amended 5/22/18) AILA Doc. No. 18051760

 

CA3 Finds Counsel’s No-Show at Reasonable-Fear Screening Didn’t Warrant Relief

The court denied the petitions for review, determining that the petitioner failed to demonstrate that his due process rights were violated when an immigration judge reviewed a negative reasonable fear determination without his attorney present. (Bonilla v. Sessions, 3/15/18) AILA Doc. No. 18062638

 

CA4 Upheld Removability of LPR Under §237(a)(2)(A)(ii) and (iii)

The court held that the petitioner’s 1995 conviction for unlawful possession of marijuana with intent to manufacture, deliver, or sell constitutes a conviction of both an aggravated felony and a CIMT. (Guevara-Solorzano v. Sessions, 5/24/18) AILA Doc. No. 18062702

 

District Court Judge Orders Reunification of Parents and Children

A U.S. District Court Judge granted a preliminary injunction, ruling that U.S. immigration agents could no longer separate immigrant parents and children caught crossing the southwest border and must reunite those families that have been separated. (Ms. L.; et al., v. ICE, 6/26/18)

AILA Doc. No. 18060800. See also helpful Twitter thread from HRW.

 

District Court Grants Habeas Relief to Person Not Taken Immediately into ICE Custody

A U.S. District Court ruled that INA §236(c) does not apply to an individual not taken into custody immediately upon release from criminal custody, finding that a nearly five-year delay is “clearly unreasonable” under §236(c). (Sall v. ICE, 5/24/18) AILA Doc. No. 18062904

 

ICE Must Get Warrants, Pa. Judge Says In Sanctuary City Suit

Law360: A Pennsylvania federal judge said Thursday that U.S. Immigration and Customs Enforcement needs a court order to transfer a “criminal alien” to a federal detention center after the immigrant is released from city custody in Philadelphia, diving into a key issue at the core of the national debate on sanctuary city policies.

 

Matter of NEGUSIE, 27 I&N Dec. 347 (BIA 2018)

(1) An applicant who is subject to being barred from establishing eligibility for asylum or withholding of removal based on the persecution of others may claim a duress defense, which is limited in nature.

(2) To meet the minimum threshold requirements of the duress defense to the persecutor bar, an applicant must establish by a preponderance of the evidence that (1) he acted under an imminent threat of death or serious bodily injury to himself or others; (2) he reasonably believed that the threatened harm would be carried out unless he acted or refrained from acting; (3) he had no reasonable opportunity to escape or otherwise frustrate the threat; (4) he did not place himself in a situation in which he knew or reasonably should have known that he would likely be forced to act or refrain from acting; and (5) he knew or reasonably should have known that the harm he inflicted was not greater than the threatened harm to himself or others.

 

BIA Solicits Amicus Briefs on Validity of a Conviction for Immigration Purposes

The BIA solicits amicus briefs on, among other things, the question of whether the Board is required to give full faith and credit to a judgment issued under Cal. Penal Code §1203.43 in light of the conviction definition found at INA §101(a)(48)(A). Comments are due by 7/27/18. AILA Doc. No. 18062731

 

BIA Dismisses Appeal and Sets Forth Standard for Evaluating Claims of Duress

The BIA found applicant had not established he was under duress when assisting in the persecution of prisoners persecuted under his guard in an Eritrean prison camp and sets forth a standard for evaluating claims under the duress exception. Matter of Negusie, 27 I&N Dec. 347 (BIA 2018) AILA Doc. No. 18062901

 

IJ Terminates Removal Proceedings, Finding NYPL §265.03(3) Overbroad

Posted 6/29/2018

Immigration Judge granted motion to terminate finding respondent’s New York conviction for possession of a weapon under NYPL §265.03 categorically overbroad in comparison to the federal definition of “firearm,” and indivisible. Courtesy of Michael Goldman.

AILA Doc. No. 18062900

 

NWIRP Files Lawsuit Challenging Forcible Separation of Parents and Children

The Northwest Immigrant Rights Project filed a lawsuit on behalf of three Central American women held in federal custody in Washington state, contending the government is unnecessarily prolonging the separation of parents from their children. (Padilla, et. al., v. ICE, 6/25/18) AILA Doc. No. 18062734

 

Documents Related to Lawsuit Challenging Termination of TPS for El Salvador, Haiti, and Honduras

17 state attorneys general filed an amicus brief in support of the immigrant organizations and a group of 14 individuals affected by the Trump administration’s efforts to end the TPS designations of El Salvador, Haiti, and Honduras. (Centro Presente v. Trump, 6/22/18) AILA Doc. No. 18051036

 

Former ICE Chief Counsel Sentenced to Four Years in Prison for Wire Fraud and Aggravated Identity Theft Scheme

DOJ announced that former Chief Counsel Raphael A. Sanchez of the ICE Office of Principal Legal Advisor (OPLA) was sentenced to 48 months in prison for a wire fraud and aggravated identity theft scheme involving the identities of numerous foreign nationals. AILA Doc. No. 18062932

 

Other

 

ACTIONS

RESOURCES

 

EVENTS

 

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Lots going on! Thanks, Elizabeth, for keeping us all informed!

PWS

07-03-18

Related posts:

  1. THE GIBSON REPORT – 10-29-18 – Compiled By Elizabeth Gibson, Esq., NY Legal Assistance Group
  2. THE GIBSON REPORT 02-04-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  3. THE GIBSON REPORT — 04-09-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Project — Why Acting DHS Secretary Kevin McAleenan Should End Up In Jail If He Follows Trump’s Unlawful & Unconstitutional Plans!
  4. KEEP UP TO DATE WITH ALL OF THE REGIME’S LATEST ANTI-IMMIGRANT SCHEMES, GIMMICKS, & SHENANIGANS – THE GIBSON REPORT – 01-06-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group