Category: The Gibson Report

THE GIBSON REPORT – JUNE 11, 2018 – Compiled By Elizabeth Gibson, Esquire, Of NY Legal Assistance Group

THE GIBSON REPORT 06-11-18

 TOP UPDATES

 

Bad News from Sessions Coming Today? (Possibly A-B-)

DOJ: Sessions Remarks at EOIR Training: “Today, exercising the responsibility given to me under the INA, I will be issuing a decision that restores sound principles of asylum and long standing principles of immigration law.”

 

From UC Hastings CGRS:

 

Tracking Court of Appeals Cases: CGRS has set up a system for tracking cases pending in the federal courts of appeals that may raise challenges to any ruling in Matter of A-B-. Depending on the scope of the AG’s forthcoming decision, this could include not only domestic violence claims but a range of other claims involving persecution by private actors. If you have a case on appeal that might fit this description, we kindly ask you to fill out this short survey.

 

Tracking Denials for Advocacy: In the event of a restrictive decision in A-B-, we will also be collecting information on compelling cases denied under A-B- at the Asylum Office and Immigration Court levels (not yet ripe for circuit court appeal) to highlight the devastating impact of the decision in the media and on the Hill. To report these outcomes if/when the time comes, please email us at CGRS-ABtracking@uchastings.edu.

 

In the meantime, contrary to commentary we have heard including from some Immigration Judges, Matter of A-R-C-G- remains good law. And we encourage you to continue bringing asylum claims involving domestic violence, documenting them well. To request assistance in your case and access to expert declarations and country conditions support, please fill out a request on our website here.

 

U.S. sending 1,600 immigration detainees to federal prisons

Reuters: U.S. authorities are transferring into federal prisons about 1,600 Immigration and Customs Enforcement (ICE) detainees, officials told Reuters on Thursday, in the first large-scale use of federal prisons to hold detainees amid a Trump administration crackdown on people entering the country illegally.

 

Immigration Court Backlog Jumps While Case Processing Slows

TRAC: The Immigration Court’s backlog keeps rising. As of the end of May 2018, the number of cases waiting decision reached an all-time high of 714,067. This compares with a court backlog of 542,411 cases at the end of January 2017 when President Trump assumed office. During his term the backlog has increased by almost a third (32%) with 171,656 more cases added.

 

Criminal Prosecutions for Illegal Border Crossers Jump Sharply in April

TRAC: Federal criminal prosecutions of individuals apprehended by Customs and Border Protection (CBP) along the southwest border with Mexico jumped 30 percent in April 2018 over March figures. Since January, criminal prosecutions were up 60 percent, rising from 5,191 in January to 8,298 in April.

 

ICE Releases Statement on New York’s Detainer Policy

ICE released a statement after conducting a three-month review of detainers lodged with the New York City Police Department and the New York Department of Corrections. ICE purported to find that it prepared 440 detainers and nearly 40 individuals who were released from custody, reoffended.

AILA Doc. No. 18060431

 

Taking Migrant Children From Parents Is Illegal, U.N. Tells U.S.

NYT: The Trump administration’s practice of separating children from migrant families entering the United States violates their rights and international law, the United Nations human rights office said on Tuesday, urging an immediate halt to the practice. The administration angrily rejected what it called an ignorant attack by the United Nations human rights office and accused the global organization of hypocrisy.

 

‘Mothers could not stop crying’: Lawmaker blasts Trump policy after visiting detained immigrants

WaPo: Although Seattle is some 1,500 miles north of the U.S.-Mexico border, the debate over family separations hit closer to home for the Evergreen State after dozens of undocumented immigrants were transferred last week to the Federal Detention Center in SeaTac, near Seattle-Tacoma International Airport. Nearly all of those migrants — 174 out of 206 — were women.

 

U.S. Immigration Officials Can Now Deport Hosts of Migrant Children

Pew: A new federal policy will allow federal agents to investigate, and possibly arrest and deport, families who step up to host children found at the border. It’s the latest in a series of enforcement actions by the Trump administration intended to discourage a new surge in unauthorized immigrants.

 

Immigrant arrested while delivering pasta to military base will get to stay in U.S. — for now

WaPo: A federal judge has given a last-minute reprieve to a New York restaurant worker who was fast-tracked for deportation this month after he showed up at an Army base with a delivery of pasta and the wrong type of ID.

 

Ohio Worksite Immigration Raid Ignores the Impact on the Local Community

AIC: More than 100 workers were arrested at a gardening and landscaping company in northern Ohio on Wednesday, marking another massive employment crackdown under the Trump administration.

 

Immigration firm seems to thrive after Trump lawyer’s help

AP: Some companies regret turning to Donald Trump’s personal attorney Michael Cohen for help, but a Florida immigration firm appears to have gotten nearly everything it wanted. When Nicholas Mastroianni II hooked up with Cohen last year, his business was threatened by a looming crackdown on a federal program offering foreigners visas if they invest in certain U.S. real estate projects. Cohen connected Mastroianni with a lobbying firm and, hundreds of thousands of dollars in payments later, Mastroianni appears to be in the clear.

 

Every Immigration Judge’s Asylum Grants and Denials from 2014 to 2018

A&J: Fresh off the FOIA press. Today, we received the following data on the total number of asylum grants and denials for each immigration judge from for each fiscal year from 2014 to 2018.

 

NY Court Update

SIJS Meeting: As an FYI, IJ Nelson apparently prompted DHS to de-designate a 6 year old UAC who lives with a parent/parents. Just a heads up to anyone with a UAC case before her.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Justice Department won’t defend DACA in Texas lawsuit

CNN: The DOJ argued in a legal filing late Friday that the DACA policy is unlawful and is “an open-ended circumvention of immigration laws.” The DOJ’s filing was in response to a lawsuit brought by Texas Attorney General Ken Paxton on behalf of seven states to the United States District Court for the Southern District of Texas. The states argue that former President Barack Obama’s initial creation of DACA in 2012 violated the Constitution and federal law.

 

Federal Judge Sides With Philly Over Sanctuary City Policy

NBC: In a decision that made Mayor Jim Kenney break out into song and dance, a federal judge ruled that the Trump administration cannot cut off grants to Philadelphia over how the city deals with undocumented immigrants.

 

ACLU, Immigrants’ Rights Groups Sue Trump Administration Over Census Citizenship Question

NYIC: The American Civil Liberties Union, New York Civil Liberties Union, and Arnold & Porter filed a federal lawsuit today on behalf of immigrants’ rights groups challenging the Trump administration’s plan to include a citizenship question on the 2020 census. The groups charge that Trump’s order intentionally discriminates against immigrants and thwarts the constitutional mandate to accurately count the U.S. population.

 

Asylum Seeker Files Lawsuit After CBP Officers Falsify Paperwork and Then Deport Him

AIC: An immigrant who was forced through a fast-track deportation at the border involving these unlawful practices sued CBP on Thursday. His deportation was based on paperwork that included fabricated answers, and he was never given the opportunity to apply for asylum. The case, filed in the U.S. District Court for the Southern District of Florida, seeks to hold CBP accountable for its negligence and unlawful practices.

 

District Court Finds Separating Migrant Parents and Children May Violate Due Process

A district court found that ICE’s alleged practice of routinely separating immigrant families held in detention may violate the constitutional right to family integrity and rejected the government’s jurisdictional challenge under INA §242(a)(2)(B)(ii). (Ms. L.; et al., v. ICE, 6/6/18) AILA Doc. No. 18060800

 

District Court Permanently Enjoins Federal Government from Withholding Byrne JAG Funding from Philadelphia

The U.S. District Court for the Eastern District of Pennsylvania permanently enjoined the AG from rejecting the city’s FY2017 application for Byrne JAG funding or withholding JAG funding based on certification of compliance with 8 USC §1373. (City of Philadelphia v. Sessions, June 6, 2018) AILA Doc. No. 17092265

 

Public Complaint Regarding Denver Contract Detention Facility’s Failure to Provide Medical and Mental Care

AILA and the American Immigration Council file a complaint with the DHS OIG, CRCL, ICE, and ICE’s Health Services Corps urging an investigation into the government’s longstanding and systemic failure to provide adequate medical and mental health care to immigrants detained at the Aurora Facility. AILA Doc. No. 18060430

 

CA2 Holds IJ Gave Undue Weight to Asylum Seekers’ Omission of Facts

The court granted petitions for review, after finding that IJs and the BIA erred by substantially relying on the fact that applicants for asylum and related relief testified during removal proceedings to certain details not included in their initial applications. (Gao v. Sessions, 5/25/18) AILA Doc. No. 18060833

 

CA9 Granted Petition for Rehearing in Case on “Crime of Domestic Violence” Under INA §237(a)(2)(E)

The court granted the petitioner’s petition for panel rehearing and the opinion filed on 9/14/17, which held that Arizona Revised Statutes §13-1203(A)(1) is a crime of violence under 18 USC §16(a), was withdrawn. (Cornejo-Villagrana v. Sessions, 5/30/18) AILA Doc. No. 17091560

 

BIA Finds Forced Labor to Be Material Support to a Terrorist Organization

BIA remanded the record after finding that the respondent afforded material support to the guerillas in El Salvador in 1990 because the forced labor she provided in the form of cooking, cleaning, and washing their clothes provided aid to them. Matter of A-C-M-, 27 I&N Dec. 303 (BIA 2018) AILA Doc. No. 18060730

 

BIA reopens for SIJS; encourages IJ to grant continuance (attached)

Cornell: BIA decision granting reopening for two children from Mexico so that they could file for one-parent SIJS. The decision contains some good language encouraging the IJ to grant a continuance. See attached.

 

USCIS Redesigns Citizenship and Naturalization Certificates

USCIS announced that on 6/4/18, it began issuing redesigned Certificates of Citizenship and Naturalization. Forms N-550, N-578, N-570, N-560A, N-560AB, N-645, N-645A, and N-561 were redesigned to better deter alteration and fraud and to make these documents more secure. AILA Doc. No. 18060434

 

USCIS Announces Re-Registration Period Is Now Open for Hondurans with TPS

USCIS announced that current beneficiaries of Temporary Protected Status (TPS) under Honduras’ designation who want to maintain their status through the termination date of 1/5/20, must re-register between 6/5/18 and 8/6/18. Re-registration procedures have been published in the Federal Register. AILA Doc. No. 18060538

 

DHS Notice of Proposed Rulemaking Regarding Immigration Bonds

DHS proposed two changes that would apply to surety companies certified by the Department of the Treasury to underwrite immigration bonds and their administrative appeals process. Proposed amendments would change 8 CFR Part 103. Comments are due by 8/6/18. (83 FR 25951, 6/5/18) AILA Doc. No. 18060531

 

DOJ Announces 311 New Assistant United States Attorney Positions

Attorney General Jeff Sessions announced that DOJ is allocating 311 new Assistant United States Attorneys to assist in priority areas, including 35 additional immigration prosecutors. This is the largest increase of new Assistant U.S. Attorney positions in decades.

AILA Doc. No. 18060534

 

EOIR FOIA Response: “No Dark Courtrooms” Policy

Obtained via FOIA by Hoppock Law Firm, EOIR released records related to its EOIR case management strategy, “No Dark Courtrooms.” Special thanks to Matthew Hoppock.

AILA Doc. No. 18060660

 

ACTIONS

 

 

RESOURCES

 

 

EVENTS

 

Celebrating Immigrant Heritage Month and Being Welcoming Is Good for You and Your Community

AIC: June is Immigrant Heritage Month, and given the shrill and often negative rhetoric we hear around immigration, it seems more important than ever to take time to appreciate our immigration history and what newcomers bring to our nation and our lives.

 

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Yup, it was “bad news” yesterday (although not unexpected) for everyone who cares about Due Process, Asylum Law, and human values.

PWS

06-11-18

 

Related posts:

  1. 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
  2. EXPOSING SESSIONS’S DEADLY DUE PROCESS SCAM: JUDGE SULLIVAN BLOCKS ANOTHER POTENTIAL DEPORTATION TO DEATH AS SESSIONS-LED DOJ ARGUES THAT THE KILLING LINE NOT SUBJECT TO REVIEW — Pro Bono Counsel Jones Day Saves The Day, At Least For Now — “To be blunt, if she’s killed, there’s no remedy, your honor.” She added: “No remedy at all.”
  3. GONZO’S WORLD: WHITE NATIONALIST AG MAKES VICIOUS UNFOUNDED ATTACK ON REFUGEES & THEIR ATTORNEYS THE CENTERPIECE OF HIS SPEECH TO LARGEST CLASS OF INCOMING U.S. IMMIGRATION JUDGES — “Good lawyers using all their talents and skills work every day … like water seeping through an earthen dam to get around the plain words of (immigration law) to advance their clients’ interests.”
  4. REPORT FROM FBA, AUSTIN: Read My Speech “JUSTICE BETRAYED: THE INTENTIONAL MISTREATMENT OF CENTRAL AMERICAN ASYLUM APPLICANTS BY THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW”

THE GIBSON REPORT 06-04-18 – Compiled By Elizabeth Gibson, Esq., NY Legal Assistance Group

THE GIBSON REPORT 06-04-18

TOP UPDATES

 

Supreme Court throws out immigrant teen abortion ruling

Reuters: The action by the justices provided a legal victory to Trump’s administration even though the teenager already has had the abortion because it eliminated a precedent at the federal appeals court level that could have applied in similar circumstances in which detained minors sought abortions.

 

How one month reshaped the US immigration landscape

CNN: When people look back at the US immigration debate, they might point to May 2018 as a turning point…

  • The caravan crossed the border. Future migrants could face more obstacles.
  • Trump called MS-13 members animals. Then the administration doubled down.
  • Lawmakers almost forced a DACA debate. There’s still a chance they could.
  • Hearing Spanish fueled a lawyer’s racist tirade. And a Border Patrol agent’s immigration check.
  • The US ended deportation protections for nearly 90,000 more people. Even though diplomats advised against it.
  • A Border Patrol agent shot and killed an undocumented immigrant. Then the official account of what happened changed.
  • Trump called immigration courts corrupt. Even though his administration has been trying to hire more immigration judges.
  • Children are being separated from their parents as a matter of policy. And officials lost track of 1,500 immigrant kids.
  • This didn’t all start with Trump.

 

Fewer Immigrants Are Reporting Domestic Abuse. Police Blame Fear of Deportation

NYT: The Houston police recorded 6,273 domestic violence reports from Hispanics in 2017, compared with 7,460 the year before. Police departments in several cities with large Hispanic populations, including Los Angeles, Denver and San Diego, also experienced a decline in reports of domestic violence and sexual assault in their Hispanic communities.

 

Trump’s ‘zero tolerance’ at U.S.-Mexico border is filling child shelters

LA Times: Family separations on the southern border due to President Trump’s “zero-tolerance” policy increased the number of immigrant children in government shelters 22% during the last month, officials said. As of Wednesday, 10,852 migrant children were being held at shelters run by the Department of Health and Human Services, compared with 8,886 at the end of last month, said agency spokesman Kenneth Wolfe.

 

Hidden Horrors Of “Zero Tolerance” — Mass Trials And Children Taken From Their Parents

The Intercept: Mass deportation/family separation court audio and photo:

“The way it’s supposed to work,” he told the parents, “you’re going to be sent to a camp where your child will be allowed to join you. That’s my understanding of how it’s supposed to work.”

“They told me they were going to take her away,” a mother interjected about her young daughter.

“Well, let’s hope they don’t,” said [IJ] Morgan. “You and your daughter, you should be joined together.”

 

US immigration agents double number of workplace raids, spreading fear and tearing families apart

Independent: Between 1 October of last year and 4 May, ICE says that 3,410 “worksite investigations”, or raids, were opened, which led to 594 criminal and 610 administrative arrests. That’s compared to 1,716 such inspections in the fiscal year of 2017, when 139 criminal arrests were made alongside 172 administrative arrests.

 

For Immigrant Students, a New Worry: A Call to ICE

NYT: The agency still classifies schools as “sensitive locations” where enforcement actions are generally prohibited. But immigrant rights groups point out that the designation has not stopped ICE agents from picking up parents as they drop their children off at school, nor has it prevented school disciplinarians from helping to build ICE cases.

 

The latest migrant tool of resistance on the border? A video app

LA Times: MigraCam was started six weeks ago by the American Civil Liberties Union of Texas and Quadrant 2 Inc. to help people send video evidence of law enforcement actions to relatives by email and text. The free app, available in English and Spanish, has been downloaded 5,800 times and features location sharing, customizable prewritten messages, notifications and “know your rights” video presentations.

 

Federal law allows immigrants to step into United States and claim asylum; agents are physically preventing them from doing so.

Texas Monthly: In recent weeks, Garcia and other immigrant activists in El Paso had been hearing reports that CBP agents were blocking Central Americans from proceeding across the bridge to the port of entry where they are entitled to begin the asylum process.

 

Immigration Clash In Congress Coming In June

NPR: Lawmakers return to Capitol Hill this week to confront an unplanned and unpredictable immigration debate…A divided House GOP Conference will hold a closed-door session on Thursday to build a strategy around immigration legislation scheduled for the floor the third week of June — a deal promised to the rank-and-file by reluctant GOP leaders before the Memorial Day break.

 

NYC Department of Consumer Affairs Publishes U-visa Certification Procedure

DCA has published U-cert materials. This is a very new certifier, but it is a possible hook for U-visas based on ineffective assistance of counsel where the attorney has violated a provision of the NYC Consumer Protection Law (deceptive advertising, etc.) in a way that can be fit into perjury or obstruction of justice as qualifying U-visa crimes. Shout out to Make the Road for their work on this in relation to 10-year-green-card cases.

 

Bethpage AO Office OYFD “Screening” Interviews

Empire Justice: “I was representing a transgender woman from El Salvador who entered the US in 2014, thus she had a OYFD issue. We went to the interview and the officer informed the client that they were going to focus on the OYFD. The interview lasted no more than 30 minutes (if that). After checking with a supervisor, the officer informed us that this was only a screening interview to make sure she qualified under one of the exceptions. They determined she did qualify and now she needs to be rescheduled for a “full” interview. The officer could not tell us when that would be and couldn’t say whether she will be subject to the LIFO policy. I asked if there was any way they could conduct the interview that day and she said no. She explained that she was in charge of screening interviews for OYFD cases, while other officers were conducting full interviews.”

 

Immigration Court Closures, June 11-13

EOIR: Cases will not be heard at New York City Immigration Court and Varick Street Immigration Court from Monday, June 11 – Wednesday, June 13. Respondents with hearings on these days will be notified via mail regarding their new hearing dates. Reception windows at each court will close at noon on each of these three days. Both courts’ regular hearing schedules will resume on Thursday, June 14.

 

DOJ Tracking EOIR Interpreters’ Private Activity

AILA listserv: “Last week DOJ emailed all the court interpreters a lengthy memo with new requirements that they inform DOJ of any trips that they take out the country before they leave, that they are not allowed to deviate from the countries they list, that they inform DOJ of any undocumented people living or working in their homes, and they provide intelligence on their colleagues.”

 

LITIGATION/CASELAW/RULES/MEMOS

 

Azar v. Garza

SCOTUSblog: At federal government’s request, SCOTUS today vacated appeals-court ruling that cleared way for undocumented teen to obtain abortion. It did not rule on government’s request to sanction teen’s attorneys.

 

Civil & Human Rights Groups File Emergency Request to Inter-American Commission on Human Rights to Stop Family Separations, Reunite Families

Texas Civil Rights Project: In response to this horrific practice, the groups are requesting that the IACHR adopt measures requiring the United States to immediately stop the practice of separating families and reunite the petitioners with their children. Under the Commission’s Rules of Procedure, the Commission can adopt measures requiring Member States to take action in cases of serious, urgent, and life-threatening human rights abuses.

 

BIA Holds Adjustment from Refugee to LPR Status Not an “Admission”

Unpublished BIA decision holds that adjustment of status under INA §209 is not an “admission” as an LPR for purposes of the aggravated felony bar in INA §212(h). Special thanks to IRAC. (Matter of B-V-N-, 7/5/17) AILA Doc. No. 18053160

 

BIA Holds Grant of U Nonimmigrant Status Qualifies as an “Admission”

Unpublished BIA decision holds that nonimmigrants granted U nonimmigrant status from within the United States are “admitted” for purposes of INA §237. Special thanks to IRAC. (Matter of Garnica, 6/29/17) AILA Doc. No. 18060101

 

BIA Rescinds In Absentia Order Against Infant

Unpublished BIA decision rescinds in absentia order issued by IJ Pelletier in Atlanta against infant whose mother mistakenly thought his presence at the hearing was excused. Special thanks to IRAC. (Matter of K-A-B-V-, 6/27/17) AILA Doc. No. 18060103

 

BIA Rescinds In Absentia Order Against Respondents Who Checked In with ICE

Unpublished BIA decision finds respondents rebutted presumption of delivery by regular mail by willingly presenting themselves to ICE officers before and after entry of an in absentia order. Special thanks to IRAC. (Matter of Gaspar-Tomas, 6/22/17) AILA Doc. No. 18060104

 

BIA Holds Florida Prostitution Offense Is Not an Aggravated Felony

Unpublished BIA decision holds that deriving support from prostitution under Fla. Stat. Ann. §795.05(1) is not an aggravated felony under INA §101(a)(43)(K)(i) and rejects DHS request to apply “circumstance-specific” approach. Special thanks to IRAC. (Matter of Demosthene, 6/29/17) AILA Doc. No. 18053132

 

AAO Remands for Entry of New Decision on Form I-212, Finding Director’s Decision Premature

In a non-precedent decision, the AAO withdrew the Director’s decision, finding it was premature, and remanded to determine whether the applicant merits conditional approval of the Form I-212 as a matter of discretion. Courtesy of Alan Lee. Matter of Y-M-C-, ID #151-8339 (AAO May 25, 2018) AILA Doc. No. 18060107

 

Documents Related to Case Challenging Restrictions on the Refugee Program

The government filed a motion to dismiss and to dissolve the 12/23/17 preliminary injunction as moot. (Doe v. Trump and JFS Seattle v. Trump, 5/25/18) AILA Doc. No. 17111630

 

USCIS Provides Historical National Average Processing Times for All USCIS Offices

USCIS provided the national average processing times for select forms based on all USCIS Offices for FY2014 through FY2018. These processing times are based on the age of the workload that USCIS has awaiting adjudication (pending cases) and combines data from all of the USCIS offices. AILA Doc. No. 18052930

 

USCIS to Implement Online Processing of FOIA Requests

USCIS announced the launch of its Freedom of Information Act (FOIA) Immigration Records SysTem (FIRST), which will eventually allow users to submit, manage, and receive FOIA requests entirely online. USCIS is commencing FIRST’s digital delivery of services in phases. AILA Doc. No. 18053030

 

Practice Alert: USCIS No Longer Accepting I-765 Service Requests at the 75-Day Mark

AILA members have reported that USCIS is no longer accepting service requests for I-765s pending beyond 75 days if they are still within posted processing times. USCIS has confirmed to AILA that this change was implemented when the agency updated its processing times webpage earlier this year. AILA Doc. No. 18060134

 

ACTIONS

 

RESOURCES

 

EVENTS

 

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The second item in Elizabeth’s list, “How One Month Reshaped the U.S. Immigration Landscape,” by Catherine E. Shoichet  @ CNN ,https://www.cnn.com/2018/06/03/us/immigration-landscape-may/index.html?no-st=1528125986, 

is a “must read.” Sorry that I didn’t get around to posting it. But, glad Elizabeth “picked it up.”

It is also well worth noting the rather clear adverse effects of the Trump Administration’s “Gonzo” enforcement policies on reporting of crime in immigrant communities, particularly crimes relating to domestic violence.

 

PWS

06-05-18

 

Related posts:

  1. 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! 
  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 — 12-21-20 — Compiled by Elizabeth Gibson, Esquire, NY Legal Assistance Group

THE GIBSON REPORT – 05-29-18 – COMPLIED BY ELIZABETH GIBSON, ESQUIRE, NY LEGAL ASSISTANCE GROUP — Highlighting Significant, Yet Unfortunately Unpublished, BIA Holding That 2 Weeks Was An Inadequate Continuance To Seek an Attorney!

 

THE GIBSON REPORT 05-29-18

TOP UPDATES

 

TRAC Finds ICE Deportations Dropped by Almost Half Over Past Five Years

TRAC released a report on ICE deportations, updated through October 2017, finding that deportation levels have dropped by almost half since October 2012. TRAC also provided updated web tools on ICE deportation data including a breakdown on convictions and number of ICE deportations. AILA Doc. No. 18052231

 

BIA Holds Two-Week Continuance Not Sufficient Time to Find an Attorney

Unpublished BIA decision finds that IJ denied respondent’s right to counsel by providing only two weeks to find an attorney. Special thanks to IRAC. (Matter of Santos-Gijon, 6/22/17) AILA Doc. No. 18052337

 

Neglect and Abuse of Unaccompanied Immigrant Children by U.S. Customs and Border Protection

ACLU: Documents obtained by the American Civil Liberties Union featured in a new report released today show the pervasive abuse and neglect of unaccompanied immigrant children detained by U.S. Customs and Border Protection.

 

She came to the US for a better life. Moments after arrival, she was killed

CNN: Claudia Patricia Gomez Gonzalez traveled 1,500 miles to the United States, hoping to find a job and a better future. Shortly after she set foot in Texas, a Border Patrol agent shot and killed her.

 

Border Patrol union calls Trump’s National Guard deployment ‘colossal waste’

LA Times: A month after President Trump called for sending National Guard troops to the U.S.-Mexico border, the head of the national Border Patrol union called the deployment “a colossal waste of resources.” “We have seen no benefit,” said Brandon Judd, president of the union that represents 15,000 agents, the National Border Patrol Council.

 

Swept up in the Sweep: The Impact of Gang Allegations on Immigrant New Yorkers

NYIC: Through an extensive field study, the report shows how Immigration and Customs Enforcement (ICE), with other federal agencies and law enforcement, uses arbitrary methods to profile immigrant youth of color to allege gang affiliation.

 

Deportation by Any Means Necessary: How Immigration Officials Are Labeling Immigrant Youth as Gang Members

ILRC: This report details findings from a national survey of legal practitioners concerning the increased use of gang allegations against young immigrants as a means of driving up deportation numbers, at the encouragement of the Trump administration.

 

Pretermitting Gang PSGs

AILA Listserv: It appears that, at least in some jurisdictions, DHS is moving to pretermit gang PSGs for asylum before merits hearing. Looks like we must also be prepared to respond to these arguments going forward. See useful gang PSG resources attached.

 

Civil rights groups slam DeVos for saying schools can report undocumented students

WaPo: Civil rights groups slammed Education Secretary Betsy DeVos for saying Tuesday that schools can decide whether to report undocumented students to immigration enforcement officials, saying her statements conflict with the law and could raise fears among immigrant students.

 

DHS Prosecutes Over 600 Parents in Two-Week Span and Seizes their Children

AIC: Following implementation of a “zero tolerance” policy, the Department of Homeland Security (DHS) announced that 638 parents who crossed with children had been prosecuted in just a 13-day span this month.

 

New RFE Policy

From the USCIS District Director’s meeting: Starting immediately if you are issued an USCIS RFE that you need to submit to 26 Federal Plaza they will be issuing a notice giving you a time to hand deliver it.  The dates will always be on Fridays and the notice will state that you can come in anytime between 7am-12pm on that date to hand the RFE response in at the indicated window.  There will be no interview – you will just hand in the response and get your copy stamped.  They are moving away from mail in RFE responses because of too many problems with the post office.

 

U-visa Categories (attached)

ASISTA: The AAO seems to have paid attention to our amicus arguments on U visa crimes as “categories” in their decision in the case underlying our amicus, see attached redacted decision and the amicus.  We will need to keep pushing this framework, however, so please continue using the arguments in the amicus when arguing crime categories.  We do not, for instance, agree that the DV category contemplates only the facts involving relationships; many crimes are DV depending on the facts of the crimes, not just the relationships.  See attached.

 

Stay Requests

HerJustice: On this topic, I learned last year that ICE ERO (NYC) wasn’t even accepting applications for stay of removal if the applicant didn’t have a current passport—is this still the case?

LSNYC: As I understand it, it’s always been ICE’s policy that the applicant for a stay (I-246) must have a current passport. Really, the Officers are all over the place when it comes to stays.  Some say they are not accepting stays, some say so long as the client has something pending (appeal, MTR, U/VAWA/T, etc) no removal will be effectuated and that no stay is needed until removal is imminent.

Sanctuary: Our office recently filed a stay of removal, and in the alternative request for deferred action, for a client with a removal order from 2009 whose son has hemophilia. ERO accepted the stay without her passport. ERO said that they would make a decision on within 3 months, and if not, she is to return for another check-in at the end of June.

 

Immigrant Legal Aid Group Withdraws Request for Montgomery County Funding with Carve Out

Bethesda Mag: A Washington, D.C., nonprofit set to receive about $374,000 in Montgomery County funds to provide deportation defense to detained immigrants has withdrawn its request for the money in response to an updated list of criminal convictions that would bar certain immigrants from receiving legal aid.

 

Anti-Immigrant Extremist Nominated to Run Refugee Office at State Department

HRF: In response to the nomination of Ronald Mortensen to serve as Assistant Secretary of State for Population, Refugees and Migration, the senior-most American diplomat representing the United States in matters relating to the most vulnerable populations in the world, Human Rights First’s Jennifer Quigley issued the following statement: “Mortensen has spent the past several years working at an anti-immigrant hate group, spewing vile, extremist views that have no relation to reality.”

 

Immigration dominating GOP candidates’ TV ads in House contests across the country

USA Today: House Republican candidates are blanketing the airwaves with TV ads embracing a hard line on immigration — a dramatic shift from the last midterm elections in 2014 when immigration was not on the GOP’s political radar, according to a USA TODAY analysis of data from Kantar Media.

 

U.S. Immigration Courts, Long Crowded, Are Now Overwhelmed

The Wall Street Journal reports on the U.S. immigration court system’s backlog increasing 25 percent since President Trump took office, with insights on the situation from AILA National Secretary Jeremy McKinney. AILA Doc. No. 18052342

 

This Salvadoran Woman Is At The Center Of The Attorney General’s Asylum Crackdown

NPR: Attorney General Jeff Sessions is stirring panic in immigrant communities by moving to limit who can get asylum in the United States. Perhaps no one is more alarmed than one Salvadoran woman living in the Carolinas…Now Sessions has personally intervened in her case, questioning whether she and other crime victims deserve protection and a path to American citizenship.

 

LITIGATION/CASELAW/RULES/MEMOS

 

SIJS Family Court Appellate Case

2d dept remanded and ordered a new judge be assigned after a Nassau County Fam Court Judge dismissed a mother’s petition for guardianship and refused to set the motion for special findings, without any hearing. They also made note of the judge’s wildly inappropriate remarks.

 

Supreme Court Delays Further in Deciding Certiorari Petition in Case Involving Abortion by Undocumented Teen

ImmProf: [May 21], the Supreme Court granted certiorari in four cases and also issued orders (denied cert, etc.) in a number of cases.  The press room, as it has been for so many weeks, was buzzing about the possible disposition of the U.S. government’s cert petition in Azar v. Garza, a case involving the undocumented pregnant teenager. The government wants the Supreme Court to vacate the D.C. Circuit decision that cleared the way for her to get an abortion.  The Court did not act on the case this morning.

 

Detainees in Stewart Detention Center File Suit Challenging Forced Labor Practices

Plaintiffs filed a class action suit against private prison company CoreCivic challenging its practice of depriving detained immigrants of basic necessities so they are forced to work at well below minimum wage to purchase items at the prison commissary. (Barrientos v. CoreCivic, 4/17/18) AILA Doc. No. 18052163

 

DOJ Announces Airlines Staffing Executive Sentenced for Immigration Fraud

DOJ announced that Eleno Quinteros, Jr., the former vice president of operations for two airline mechanic staffing companies, was sentenced today to 12 months in prison for making false statements in support of legal permanent resident petitions for dozens of the companies’ mechanics. AILA Doc. No. 18052162

 

DOJ Settles Immigration-Related Discrimination Claim Against University of California, San Diego

Posted 5/25/2018

DOJ announced a settlement agreement with the University of California, San Diego. The settlement resolved whether the University’s Resource Management and Planning Vice Chancellor Area discriminated against workers in violation of the INA when verifying their continued authorization to work.

AILA Doc. No. 18052532

 

Documents Relating to Los Angeles’s Challenge to Immigration Enforcement Conditions on Federal Law Enforcement Grants

The court issued an order granting the government’s request to expedite the case. The case will be calendared for September 2018. (Los Angeles v. Sessions, 5/15/18) AILA Doc. No. 18041638

 

BIA Holds Two-Week Continuance Not Sufficient Time to Find an Attorney

Unpublished BIA decision finds that IJ denied respondent’s right to counsel by providing only two weeks to find an attorney. Special thanks to IRAC. (Matter of Santos-Gijon, 6/22/17) AILA Doc. No. 18052337

 

BIA Holds Child Abuse Ground of Deportability Does Not Apply to Attempt Crimes

Unpublished BIA decision holds that attempt to endanger the welfare of a child under N.Y.P.L. 260.10 is not a crime of child abuse because INA §237(a)(2)(E)(i) only applies to completed crimes. Special thanks to IRAC. (Matter of B-Q-, 6/20/17) AILA Doc. No. 18052432

 

BIA Finds Wisconsin Prostitution Statute Is Categorically an Aggravated Felony

The BIA reinstated removal proceedings, after finding that INA §101(a)(43)(K)(i) encompassed offenses related to the operation of a business that involves engaged in, or agreeing or offering to engage in, sexual conduct for anything of value. Matter of Ding, 27 I&N Dec. 295 (BIA 2018) AILA Doc. No. 18052164

 

BIA Holds Possession of Drug Paraphernalia in Arizona Is Not a Controlled Substance Offense

Unpublished BIA decision holds possession of drug paraphernalia under Ariz. Rev. Stat. 13-3415(A) is not a controlled substance offense because the state schedule is overbroad and the identity of the drug is not an element of the offense. Special thanks to IRAC. (Matter of Lopez, 6/16/17) AILA Doc. No. 18052160

 

BIA Reverses Discretionary Denial of Adjustment Application

Unpublished BIA decision reverses discretionary denial of adjustment application where respondent had five U.S. citizen children, was active in church, and last DUI offense was more than eight years prior. Special thanks to IRAC. (Matter of Rodriguez, 6/15/17) AILA Doc. No. 18052230

 

BIA Limits Application of Firm Resettlement Bar

Unpublished BIA decision holds that the firm resettlement bar does not apply to asylum applicants who fear persecution in the country of alleged resettlement. Special thanks to IRAC. (Matter of L-K-U-, 6/16/17) AILA Doc. No. 18052332

 

CA4 Upholds CBP Search of Smartphone Seized While Defendant Was Exiting the United States

The court found it was reasonable for the CBP officers who conducted a month-long forensic analysis of the defendant’s smartphone to rely on precedent allowing warrantless border searches of digital devices based on at least reasonable suspicion. (U.S. v. Kolsuz, 5/9/18, amended 5/18/18) AILA Doc. No. 18052165

 

White House Releases Fact Sheet on MS-13

The White House released a purported fact sheet on MS-13, in which it refers to these individuals as “animals.” AILA Doc. No. 18052232

 

USCIS Issues Policy Guidance on CSPA

USCIS issued policy guidance in the USCIS Policy Manual regarding the Child Status Protection Act (CSPA). This guidance is controlling and supersedes any prior guidance on the topic. Comments are due by 6/6/18. AILA Doc. No. 18052339

 

USCIS Notice on the Termination of the Designation of Nepal for Temporary Protected Status

USCIS notice on the termination of the designation of Nepal for TPS on 6/24/19. Holders of TPS from Nepal who wish to maintain their TPS and receive an EAD valid through 6/24/19 must re-register for TPS in accordance with the procedures set forth in the notice. (83 FR 23705, 5/22/18) AILA Doc. No. 18052236

 

EOIR Released Percentage of Detained Cases Completed Within Six Months

EOIR released statistics on the percentage of detained cases completed within six months. As of 3/31/18, 89 percent of initial case completions were completed in less than six months. AILA Doc. No. 18052237

 

ICE Announces 24-Month Imprisonment for ICE Agent Impersonator

ICE announced that Matthew Ryan Johnston was sentenced to 24 months in federal prison after possessing multiple destructive devices and using fake ICE badges and uniforms to falsely represent himself as an ICE agent to unsuspecting members of the public. AILA Doc. No. 18052561

 

ACTIONS

 

 

RESOURCES

 

 

EVENTS

 

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The second item on Elizabeth’s List is well worth a look. Although the BIA has stayed away from addressing in a precedent the length and number of continuances required to meet minimum standards of Due Process, this unpublished BIA decision finds that a two-week continuance to locate counsel was inadequate.

That certainly would have been the case in Arlington when I was there, particularly given the unnecessary pressure being put on pro bono counsel by the Obama’s Administration’s policies of “ADR” and “gonzo scheduling” of so-called “priority cases.”

This decision also confirms and reinforces what many of us retired U.S. Immigraton Judges and BIA Appellate Immigration Judges have been saying all along: by pushing the court system to move more cases, faster, and with limited continuances, Immigration Judges are effectively being encouraged to deny Due Process to respondents who do have a right to be represented at no expense to the Government. That right clearly includes reasonable access to, and a resonable opportunity to locate, pro bono counsel. Clearly that didn’t happen here. I suspect it’s also not happening in thousands of other cases — particularly detained cases — across the country.

Instead of protecting Due Process and encouraging “best practices” by U.S. Immigration Judges, Sessions and EOIR Management are feverishly working to instill “worst practices” in the Immigration Courts. The BIA won’t catch all of them, particularly in the absence of helpful precedents. Indeed, and quite remarkably, even this modest declaration of minimum Due Process produced a “split” BIA panel with Judge Roger Pauley signing the order, joined by Judge Edward Grant, but with Judge Ana Mann “dissenting without opinion.”

All of this is likely to mean 1) more denials of Due Process in Immigration Court; 2) more lives ruined; and 3) more “otherwise avoidable” remands from the Courts of Appeals.

Just like mother always said:  “Haste Makes Waste!”

PWS

05-30-18

Related posts:

  1. THE GIBSON REPORT — 05-13-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  2. BIA’S “GONZO HIRING PLAN” & OTHER TALES FROM THE TRUMP REGIME TWILIGHT ZONE – The Gibson Report – 01-20-21 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  3. HALLOWEEN HORROR STORY: Opaque & Biased Politicized Judicial Hiring Denies Migrants The Fair & Impartial Adjudication To Which They Are Constitutionally Entitled – Given The Generous Legal Standards, A Worldwide Refugee Crisis, & Asylum Officers’ Positive Findings In Most Cases, Asylum Seekers Should Be Winning The Vast Majority Of Immigration Court Cases — Instead, They Are Being “Railroaded” By A Biased System & Complicit Article III Courts!
  4. PURE BS 💩 — TRUMP’S “BIG LIE” ABOUT MIGRANT APPEARANCES FOR HEARINGS BOGUS AS $3 BILL 🤮👎🏻— Replacing DHS/EOIR With Rational, Qualified, Fact-Based Governance & Real Judiciary Could Bring Appearance Rate Close To 100%!  — Two Items From ImmigrationProf Blog!

THE GIBSON REPORT – 05-21-18 – COMPILED BY ELIZABETH GIBSON, ESQUIRE, NY LEGAL ASSISTANCE GROUP

THE GIBSON REPORT 05-21-18

TOP UPDATES

 

Sessions Ends Administrative Closure at the Expense of Due Process in Immigration Court

AIC: Altering decades of practice in immigration court and placing immense pressure on an overburdened immigration court system, Attorney General Jeff Sessions issued a decision in an immigration case on Thursday declaring immigration judges do not have general authority to administratively close cases.

 

Report: Swept up in the Sweep: The Impact of Gang Allegations on Immigrant New Yorkers.

NYIC: Through an extensive field study, the report shows how Immigration and Customs Enforcement (ICE), with other federal agencies and law enforcement, uses arbitrary methods to profile immigrant youth of color to allege gang affiliation.

 

Criminal justice reform would protect immigrants from deportation

City&State: [M]ore can and should be done to defend New Yorkers from ICE detention and deportation, especially in the realm of criminal justice reform. Studies indicate immigrants are generally more law-abiding than the general public, but even traffic stops or arrests on low-level charges that are later dismissed can cause serious harm to immigrants, as arrest fingerprints collected by the NYPD are shared with the federal government, putting them on ICE’s radar and at risk of indefinite detention and deportation.

 

Trump administration preparing to hold immigrant children on military bases

WaPo: According to an email notification sent to Pentagon staffers, the Department of Health and Human Services (HHS) will make site visits at four military installations in Texas and Arkansas during the next two weeks to evaluate their suitability to shelter children. See also Dem plans amendment to block Trump from using military bases to house undocumented minors separated from parents.

 

The Border Patrol Is Undercounting How Many People Perish While Crossing the Border

New reports reveal there is a significant discrepancy between what the Border Patrol officially claims, and the numbers provided by multiple independent news agencies and advocates. By some accounts, the death toll in some border states is 60 percent higher than what the agency is reporting.

 

California rebukes Trump with health care push for immigrants

Politico: California is poised to become the first state in the nation to offer full health coverage to undocumented adults even as the Trump administration intensifies its crackdown by separating families at the border.

 

Her Husband Beat Her and Raped Her. Jeff Sessions Might Deport Her.

NYT Op-Ed: In recent years, the United States has been something of a beacon of hope for women fleeing violence and persecution in their home countries. In 2014, in a giant step forward, immigration courts explicitly determined that a person fleeing severe domestic violence may be granted asylum here if the violence rises to the level of persecution, if the government in the victim’s home country cannot or will not punish her abuser and if various other criteria are met. It’s a high bar but one that, sadly, women from many countries can clear. Now their last chance at protection may be under threat.

 

New ‘zero tolerance’ immigration crackdown fills border courts
LA Times: Border Patrol caught more than 100,000 people illegally crossing the U.S.-Mexico border in March and April, the highest monthly totals since Trump was elected. Families with children and unaccompanied minors increased from 10% of undocumented migrants detained five years ago to 40% now.

 

Sending Even More Immigrants to Prison

Marshall Project: A Marshall Project analysis of 17 years of federal prison sentences shows that violations of immigration law already constitute the largest category of offenses in the border districts—even more than drug trafficking. Nationally, of the nearly 60,500 people sentenced to federal prison in the last fiscal year, more than 30 percent were convicted of immigration offenses, which can include “illegal re-entry” or people-smuggling.

 

While You Were Offline: Wait, John Kelly Said What?

Wired: In an unequivocal interview, John Kelly told NPR immigrants were “not people that would easily assimilate into the United States, into our modern society. … speaking about the potential separation of children from their families by immigration officials, Kelly said, “the children will be taken care of—put into foster care or whatever.”

 

Republican leaders search for a path amid immigration civil war

CNN: The House speaker gathered together a group of Republican thought leaders on immigration and border security and gave them a mission: agree on something. They couldn’t. Almost exactly eight months later, on Friday, he stood in the back of the House floor, resting his chin on his hand and leaning against a rail as he watched an unrelated farm bill — which would have achieved one of his legacy goals of welfare reform — go down in flames, a casualty of the still-unresolved immigration debate.

 

ORR Request for Emergency OMB Approval for Revised “Sponsorship Review Procedures for Approval for Unaccompanied Alien Children” Information Collection

ORR request for the use of emergency processing procedures for OMB approval of its revised “Sponsorship Review Procedures for Approval for Unaccompanied Alien Children” information collection. ORR also seeks public comment, with comments due within 60 days. (83 FR 22490, 5/15/18) AILA Doc. No. 18051531

 

Senate Democrats Urge Appropriators to Protect Pregnant Women from ICE Detention

On 4/27/18, Senators Kamala Harris (D-CA) and Catherine Cortez-Masto (D-NV) led an effort to increase oversight of ICE’s detention practices and policies, including language that would require the release of pregnant women apprehended by or transferred to ICE. Sixteen senators signed the letter. AILA Doc. No. 18051634

 

Practice Alert: Delayed Issuance of I-751 Receipt Notices by California Service Center (CSC)

AILA members have reported that they have not received receipt notices for I-751s filed with the CSC since the beginning of April 2018. In response to AILA reaching out to report the issue, the CSC has confirmed the delay, but that individuals should begin to see receipt notices very soon. AILA Doc. No. 18051731

 

LITIGATION/CASELAW/RULES/MEMOS

 

Supreme Court Vacates and Remands 16 Cases for Further Consideration in Light of Sessions v. Dimaya

ImmProf: [T]he U.S. Supreme Court [last week] granted certiorari, vacated the lower court rulings, and remanded 16 separate cases impacted by its April ruling in Dimaya v. Sessions, which found that part of how a “crime of violence” is defined in immigration law for purposes of deporting noncitizens is unconstitutionally vague.

 

Attorney General Holds IJs and the BIA Have No General Authority for Administrative Closure

In a case he had previously referred to himself for review, the attorney general held that IJs and the BIA have no general authority for administrative closure. Matter of Castro-Tum, 27 I&N Dec. 271 (A.G. 2018) AILA Doc. No. 18051749

 

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 he or she is not in the “removal period” contemplated by the statute until his or her appeal has been resolved. (Hechavarria v. Sessions, 5/16/18) AILA Doc. No. 18051760

 

CA2 Holds New York First-Degree Bail Jumping to Be an Aggravated Felony

The court held that the petitioner’s conviction for bail jumping in the first degree under New York Penal Law §215.57 was an aggravated felony under INA §101(a)(43)(T). (Perez Henriquez v. Sessions, 5/8/18) AILA Doc. No. 18051761

 

CA4 Holds Individuals Subject to Reinstatement of Removal May Not Apply for Asylum, Even If Changed Circumstances Exist

The court denied the petition for review, holding that an individual subject to a reinstated order of removal may not apply for asylum, even when the factual basis for the asylum claim did not exist prior to the original removal. (Lara-Aguilar v. Sessions, 5/2/18) AILA Doc. No. 18051730

 

CA5 Finds BIA Erred in Requiring Asylum Petitioner to Prove Past Persecution and in Recharacterizing Her Social Group

The court held that the BIA erred both in requiring the asylum petitioner to prove past persecution to establish a claim based on a well-founded fear of future persecution and in recharacterizing the petitioner’s claimed social group. (Cabrera v. Sessions, 5/7/18) AILA Doc. No. 18051733

 

CA5 Holds That Texas Statute on Online Solicitation of a Minor is Overbroad in Light of Esquivel-Quintana

The court found that the Supreme Court’s decision in Esquivel-Quintana v. Sessionsestablished an age requirement that rendered the Texas statute under which the petitioner was convicted of online solicitation of a minor overbroad. (Shroff v. Sessions, 5/15/18) AILA Doc. No. 18051741

 

CA7 Holds BIA Erred By Failing to Adequately Consider Petitioner’s Near-Escapes from MS-13 in Deferral of Removal Case

The court held that in dismissing the petitioner’s appeal from the IJ’s decision denying his application for deferral of removal under the Convention Against Torture, the BIA erred by failing to make an adequate inquiry into his near-escapes from the MS-13 gang. (Perez v. Sessions, 5/2/18) AILA Doc. No. 18051742

 

CA7 Finds Petitioner Did Not Submit Sufficient Evidence of Changed Country Conditions in Indonesia

The court denied the petition for review, finding that the petitioner did not submit sufficient evidence to show changed country conditions in Indonesia in order to qualify for an exception to the 90-day limit for filing a motion to reopen removal proceedings. (Yahya v. Sessions, 5/3/18) AILA Doc. No. 18051745

 

CA8 Finds Petitioner’s North Dakota Conviction for Unlawful Entry into a Vehicle to Be an Aggravated Felony

The court held that the petitioner’s North Dakota conviction for unlawful entry into a vehicle was an aggravated felony under INA §101(a)(43)(U) because the unlawful entry was a substantial step toward committing a theft. (Ahmed v. Sessions, 5/15/18) AILA Doc. No. 18051746

 

CA9 Holds BIA’s Interpretation of Physical Presence Requirement for NACARA Cancellation to Be Reasonable

The court held that the BIA’s interpretation of the 10-year physical presence requirement for NACARA cancellation of removal for applicants inadmissible on certain criminal grounds as running from the most recent disqualifying conviction was reasonable. (Campos-Hernandez v. Sessions, 5/2/18) AILA Doc. No. 18051747

 

CA9 Holds INA §241(a)(5) Does Not Deprive Immigration Court of Jurisdiction to Resolve a Motion to Reopen Based on Lack of Notice

The court held that the BIA erred by holding that INA §241(a)(5) deprived the immigration court of jurisdiction to resolve the petitioner’s motion to reopen removal proceedings based on lack of notice of the removal order entered against her. (Miller v. Sessions, 5/8/18) AILA Doc. No. 18051748

 

CA9 Holds Petitioner’s Complaints of Poor Memory Insufficient to Show Mental Incompetency

The court held that the petitioner’s complaints of poor memory, without evidence of an inability to understand the nature and object of the proceedings, were insufficient to show mental incompetency. (Salgado v. Sessions, 5/8/18) AILA Doc. No. 18051800

 

BIA Reopens Proceedings Based on Unpublished BIA Decision

Unpublished BIA decision reopens proceedings following submission of unpublished decision that found 35 Pa. Cons. Stat. 78-113(a)(30) not to be an aggravated felony drug trafficking crime. Special thanks to IRAC. (Matter of Watkins, 6/9/17) AILA Doc. No. 18051641

 

BIA Reopens and Terminates Proceedings Because Conviction Was No Longer an Aggravated Felony

Unpublished BIA decision reopens and terminates proceedings sua sponte where conviction for embezzlement under Va. Code 18.2-111 was neither an aggravated felony theft nor fraud offense. Special thanks to IRAC. (Matter of Mattis, 6/11/17) AILA Doc. No. 18051642

 

USCIS to Recall Incorrectly Dated Green Cards

USCIS announced that on 5/14/18 it will begin recalling approximately 8,543 green cards issued to recipients of approved I-751 petitions for spouses of U.S. citizens due to a production error. Affected cards were mailed between February and April 2018. USCIS will notify the affected individuals. AILA Doc. No. 18051530

 

USCIS Policy Alert Updating Guidance on Adjustment of Status Interview Guidelines and Waiver Criteria

USCIS updated guidance in the USCIS Policy Manual on adjustment of status interviews, including updating the list of the types of cases in which USCIS might waive the interview by removing employment-based and fiancé(e)-based adjustment cases from the list. AILA Doc. No. 18051636

 

President Trump Delivers Remarks on California Sanctuary State Laws

President Trump delivered remarks critical of California’s sanctuary state laws at a roundtable event.

AILA Doc. No. 18051737

 

ICE Has Missed Two Detention Reporting Deadlines Set by Congress in March

AILA joined other organizations calling on congressional appropriators to hold ICE accountable for violations of congressionally imposed transparency obligations in the ever-expanding immigration detention system. AILA Doc. No. 18051738

 

DHS Privacy Impact Assessment Update for the Electronic Health Records (eHR) System

DHS published an update to its 2013 Privacy Impact Assessment (PIA) of the Electronic Health Records (eHR) system used to maintain health records on individuals in ICE detention. It describes a new online Patient Medical Record Portal, whereby former detainees can access a copy of their records.

AILA Doc. No. 18051744

 

RESOURCES

 

 

EVENTS

 

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

Thanks, Elizabeth!

PWS

05-23-18

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! 
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  4. THE GIBSON REPORT — 12-21-20 — Compiled by Elizabeth Gibson, Esquire, NY Legal Assistance Group

THE GIBSON REPORT – 05-14-18 – COMPILED BY ELIZABETH GIBSON, ESQUIRE, NEW YORK LEGAL ASSISTANCE GROUP

THE GIBSON REPORT 05-14-18

TOP UPDATES

AG Sessions Vows to Separate Kids from Parents, Prosecute All Illegal Border-Crossers

AZ Republic: U.S. Attorney General Jeff Sessions promised to prosecute and separate parents who smuggle their children illegally into the United States as he revealed more details about his “zero-tolerance” approach to border enforcement…In Arizona, he unveiled his plan, in partnership with the U.S. Department of Homeland Security, to prosecute all individuals caught crossing the border illegally, saying his Department of Justice would take as many cases “as humanly possible” until they reached a 100 percent prosecution rate. See also Huff Po: Immigration prosecutions are normally open-and-shut cases. But the president’s tweets are once again undermining him in court.

 

ICE to crack down on sponsorship of unaccompanied children

Politico: The Homeland Security Department will check the immigration status of possible sponsors of unaccompanied children and adult household members, according to a proposed rule published in the Federal Register Monday. See also DHS Notice of Modification of “Alien Criminal Response Information Management” System of Records.

 

U.S. embassy cables warned against expelling 300,000 immigrants. Trump officials did it anyway.

WaPo: In the past six months, the Trump administration has moved to expel 300,000 Central Americans and Haitians living and working legally in the United States, disregarding senior U.S. diplomats who warned that mass deportations could destabilize the region and trigger a new surge of illegal immigration.

 

Three-Part Series on Border Deaths

RadioLab: While scouring the Sonoran Desert for objects left behind by migrants crossing into the United States, anthropologist Jason De León happened upon something he didn’t expect to get left behind: a human arm, stripped of flesh. This macabre discovery sent him reeling, needing to know what exactly happened to the body, and how many migrants die that way in the wilderness. In researching border-crosser deaths in the Arizona desert, he noticed something surprising. Sometime in the late-1990s, the number of migrant deaths shot up dramatically and have stayed high since.

 

Immigration crackdown shifts to employers as audits surge

Trib: There were 594 employers arrested on criminal immigration charges from Oct. 1 to May 4, up from 139 during the previous fiscal year, and 610 civil immigration charges during the same period, compared to 172 in the preceding 12-months.

 

Clients arrested in NY transferred out of NY-area before the filing of an NTA.

IDP: MRNY and others are tracking people arrested by ICE in New York who are transferred away from the NY area before the filing of an NTA. To date, LSPs have reported clients transferred to New Mexico and Maryland. As far as we know the ICE detainee transfer policy from 2012 is still in effect. You may be able to use this to advocate for your client before he or she is transferred. If you know of a client who was transferred before an NTA was filed locally, email Natalia (natalia.renta@maketheroadny.org) and Luba (luba.cortes@maketheroadny.org).

 

Chinese Robocalls Bombarding The U.S. Are Part Of An International Phone Scam

NPR: Non-Mandarin speakers may find the robocalls baffling — or annoying — and just hang up. But some Chinese immigrants who have followed the robocall’s prompts have found themselves sucked into an international phone scam… The robocall messages are usually some variation on that theme: This is the consulate; we have an important document that needs to be picked up; it may affect your status in the U.S.; press a button to speak with a specialist — and that is when a connection is made to a live scammer.

 

USCIS and the Justice Department Formalize Partnership to Protect U.S. Workers from Discrimination and Combat Fraud

USCIS: In 2017, the Civil Rights Division launched the Protecting U.S. Workers Initiative, which is aimed at targeting, investigating, and taking enforcement actions against companies that discriminate against U.S. workers in favor of foreign visa workers.

 

Status Docket

NYLAG: In at least one case, the NY Immigration Court placed a case on the status docket with a 2019 check-in where counsel stated at the MCH that they intended to file for a U visa but had not done so yet (DV-based 589 previously filed, but would prefer to move forward on U). The court was served with a copy of the SuppB request filed with NYPD as proof of intent to file for U. IJ gave a long continuance for proof of U filing instead of setting for an individual for asylum, and then notice of transfer to status docket sent by mail a few weeks later.

 

UAC Jurisdiction

NYLAG: Clt is a UAC, entered ewi at 17 years old. Filed I-589 w/ local Bethpage asylum office on prior to 1 year filing deadline and filed before clt turned 18. Today was client’s second master calendar hearing before IJ Lurye. This was NYLAG’s first time entering appearance. Entered pleadings. Relief: asylum, withholding, and CAT, and SIJS.  Then IJ asked if had already filed I-589 with the court. Attorney stated no because we filed it already with the asylum office.  IJ asked how old client was. She said that DHS is now taking on the position of considering de-designating UACs once they turn 18. DHS said yes, but did not mentioning anything else about de designating clt’s uac status.  The IJ said that she was going to schedule another master so that we may file the I-589 with the court and on that date we will schedule clt’s individual. Another attorney that went prior, entered pleadings and then was instructed to go make a copy of the UAC’s I-589 right then and return to the courtroom to go back on the record and file it with the IJ.

 

ICE NTAing I-601As

San Diego AILA Chapter: I have been advised that several AILA attorneys in the US…have been notified by their clients that they must come into the ICE office in a week to report. It appears that ICE is now taking individuals into custody whose I-601A waivers have been approved and are just awaiting their appointment at consulates!! Apparently, ICE will issue the NTA and put them into proceedings and then they must await a VR decision from the IJ to leave. This seriously undermines that entire legal process and if the individual has an NTA with a hearing in 8 months or so, that means that the consular process is stalled. Or the government forces that person out of the country well in advance of the consular interview, making them live longer in their home country.

 

EOIR Releases Court Statistics and Announces Plan to Release Immigration Court Data on Recurring Basis

EOIR released immigration court statistics through the first two quarters of FY2018 with highlights from the data. EOIR also announced that the release of certain immigration court statistics will occur on a recurring basis as an effort to increase transparency of the immigration court system. AILA Doc. No. 18051042

 

LITIGATION/CASELAW/RULES/MEMOS

 

Documents Relating to Lawsuit Regarding Government Report on Immigration Status of Convicted Terrorists

Plaintiffs filed a lawsuit challenging the government’s failure to respond to their Information Quality Act petition regarding a report on the immigration status of individuals convicted of certain terrorism-related charges and other crimes. (Protect Democracy Project, Inc. v. DOJ, 5/3/18) AILA Doc. No. 18050737

 

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

Plaintiffs filed an amended complaint challenging the termination of the designation of El Salvador, Haiti, and Honduras for Temporary Protected Status (TPS). (Centro Presente v. Trump, 5/9/18) AILA Doc. No. 18051036

 

BIA Finds Tax Conviction Is Not an Aggravated Felony

Unpublished BIA decision holds that failure to collect or pay over a tax under 26 USC §7202 is not an aggravated felony because INA §101(a)(43)(M)(ii) applies only to offenses described in 26 USC §7201. Special thanks to IRAC. (Matter of Corral, 6/2/17) AILA Doc. No. 18051161

 

BIA Holds Indiana Statute Is Not a Drug Trafficking Aggravated Felony

Unpublished BIA decision holds maintaining a common nuisance under Indiana Code 35-48-4-13(b)(1) as it existed in May 2016 is not an aggravated felony under INA §101(a)(43)(B). Special thanks to IRAC. (Matter of Paul, 5/30/17) AILA Doc. No. 18051162

 

BIA Addresses Extraordinary Circumstances Exception for Minors

Unpublished BIA decision holds that “minor” means person under 18 years of age to qualify for extraordinary circumstances exception to asylum filing deadline but that youth of applicants between 18 and 21 can be considered as a factor. Special thanks to IRAC. (Matter of A-D-, 5/22/17) AILA Doc. No. 18050735

 

BIA Dismisses DHS Appeal of Order Reopening Proceedings Sua Sponte Notwithstanding Departure Bar

Unpublished BIA decision holds IJ did not err in reopening and terminating proceedings sua sponte given sentence modification rendering offense no longer an aggravated felony and notwithstanding respondent’s departure from the country. Special thanks to IRAC. (Matter of Keserovic, 5/24/17) AILA Doc. No. 18050932

 

BIA Holds Florida Grand Theft Is Not a CIMT

Unpublished BIA decision holds that grand theft under Fla. Stat. 812.014 is not a CIMT because it applies to temporary takings or appropriations of property. Special thanks to IRAC. (Matter of Ngo, 6/8/17) AILA Doc. No. 18051035

 

BIA Vacates Discretionary Denial of Asylum Application

Unpublished BIA decision finds IJ erred in denying asylum application as a matter of discretion solely because respondent failed to seek asylum during two prior visits to United Kingdom. Special thanks to IRAC. (Matter of G-S-, 6/5/17) AILA Doc. No. 18051037

 

Texas District Court Issues Notable Order in Case of Detained Somali National

The court issued an order stating that the immigration court must conduct a merits hearing no later than 8/10/18 and that the government stipulated to the petitioner’s eligibility to apply for cancellation of removal. Courtesy of Geoffrey Hoffman. (Mohamed v. Nielsen, 5/7/18) AILA Doc. No. 18050831

 

Attorney General’s Remarks to Gatlinburg Law Enforcement Training Conference

Attorney General Jeff Sessions delivered remarks in which, among other topics, he addressed immigration enforcement, including DOJ’s hiring of 35 Assistant U.S. Attorney positions for the southwest border and EOIR’s deployment of 18 supervisory judges to detention centers along the southwest border. AILA Doc. No. 18050836

 

USCIS Issues Policy Memo on Accrual of Unlawful Presence and F, J, M Nonimmigrants

USCIS issued a policy memo with guidance to officers on calculating unlawful presence of those in student, exchange visitor, or vocational student status and their dependents, admitted in duration of status or until a specific date. Guidance is effective on 8/9/18. Comments are due by 6/11/18. AILA Doc. No. 18051139

 

Directive entitled Detention and Removal of Alien Parents or Legal Guardians (Detained Parents Directive)

USCIS: The directive provides guidance regarding the detention and removal of alien parents and legal guardians of a minor child(ren), to include those who have a direct interest in family court or child welfare proceedings in the United States. It is intended to complement the detention standards and policies that govern the intake, detention, and removal of alien parents or legal guardians.

 

 

ACTIONS

 

 

RESOURCES

 

 

EVENTS

 

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

As always, Elizabeth, thanks for all you do for the “New Due Process Army” (“NDPA”).

PWS

05-15-18

Related posts:

  1. HERE IT IS! — The “Gibson Report” For April 17, 2017!
  2. The Gibson Report 03-19-18
  3. The Gibson Report For June 5, 2017! — More “ADR” On Tap For The New York Immigration Court?
  4. THE GIBSON REPORT 04-22-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

THE GIBSON REPORT — 04-30-18 – COMPILED BY ELIZABETH GIBSON, ESQ, NY LEGAL ASSISTANCE GROUP

THE GIBSON REPORT -04-30-18

THE GIBSON REPORT — 04-30-18 – COMPILED BY ELIZABETH GIBSON, ESQ, NY LEGAL A

TOP UPDATES

 

BIA Reopens Proceedings Sua Sponte for TPS Holder to Adjust Status

AILA: Unpublished BIA decision reopens proceedings sua sponte for TPS holder to adjust status before USCIS after returning on a grant of advance parole. Special thanks to IRAC. (Matter of Jeune, 5/15/17) AILA Doc. No. 18042431

 

Court Orders Trump Administration to Accept New DACA Applications — Ruling Stayed for 90 Days

ImmProf: Going beyond the injunctions entered by other district courts, Judge John D. Bates (D.D.C.) held in this ruling that the Trump administration must accept new Deferred Action for Childhood Arrivals (DACA) applications as well as requests for reauthorization.

 

US set to request five years of social media history for all visa applicants

ABC: The proposed new rule would require foreigners applying for a visa to include their social media usernames on various platforms including Facebook, Twitter, or Instagram, as well as previous email addresses, phone numbers, international travel — all from the last five years. The State Department, which filed a notice of the proposed change, estimates it will affect 14.71 million applicants, including those who apply as students, for business trips, or on vacation.

 

New Documents Reveal How ICE Mines Local Police Databases Across the Country

IJT: The software ingests local police databases, allowing users to map out people’s social networks and browse data that could include their countries of origin, license plate numbers, home addresses, alleged gang membership records, and more.

 

Top Homeland Security officials urge criminal prosecution of parents crossing border with children

WaPo: If approved, the zero-tolerance measure could split up thousands of families, although officials say they would not prosecute those who turn themselves in at legal ports of entry and claim asylum.

 

Federal officials lose track of nearly 1,500 migrant children

PBS: The Health and Human Services Department has a limited budget to track the welfare of vulnerable unaccompanied minors, and realized that 1,475 children could not be found after making follow-up calls to check on their safety, an agency official said.

 

Border officials tell people in ‘Stations of the Cross caravan’ it does not have room for them

Guardian: About 50 asylum seekers were allowed through a gate controlled by Mexican officials to cross a bridge but were stopped at the entrance to the US inspection facility at the other end. They were allowed to wait outside the building, technically on Mexican soil, without word of when officials would let them claim asylum.

 

Justice Department Will Not Halt Legal Orientation Program for Detained Immigrants, Reversing Course for Now

AIC: Just two weeks after the Department of Justice (DOJ) announced a suspension of the Legal Orientation Program (LOP), Attorney General Jeff Sessions testified today that DOJ will reverse course and continue the program—at least for now.…Sessions did not rule out attempting to end LOP in the future and noted DOJ would be conducting a cost effectiveness and efficiencies study.

 

ICE held an American man in custody for 1,273 days. He’s not the only one who had to prove his citizenship

LA Times: Since 2012, ICE has released from its custody more than 1,480 people after investigating their citizenship claims, according to agency figures. And a Times review of Department of Justice records and interviews with immigration attorneys uncovered hundreds of additional cases in the country’s immigration courts in which people were forced to prove they are Americans and sometimes spent months or even years in detention.

 

Department of Justice Ignores Its Own Evaluators’ Recommendations on Immigration Courts

AIC: The recommendations were made in an April 2017 Booz Allen Hamilton report commissioned by The Executive Office for Immigration Review (EOIR)—the agency that houses the immigration courts. The year-long analysis summarized in the report recommended steps to resolve inefficiencies in the immigration court system that have contributed to the courts’ ballooning caseload.

 

Trump Administration Seeks To Bar Immigrants with Disabilities

DisabilityScoop: Disability rights groups have raised concerns about the proposed changes and said that even though the proposal has yet to be adopted, it is already having an impact in the disability community…According to the draft document, the goal of the proposed changes would be to make sure those seeking a visa or residency would be self-sufficient and less likely to use public services. Those who may need such services are defined as a “public charge” in the proposal.

 

USCIS Explains Juvenile Visa Denials (scroll down after clicking link)

Politico: U.S. Citizenship and Immigration Services has denied roughly 260 applicants who sought special immigrant juvenile status based on guidance issued in February, spokesman Jonathan Withington told Morning Shift.

 

USCIS to Begin Using More Secure Mail Delivery Service

USCIS: U.S. Citizenship and Immigration Services (USCIS) announced today that the agency will begin phasing in use of the U.S. Postal Service’s (USPS) Signature Confirmation Restricted Delivery service to mail Green Cards and other secure documents beginning April 30, 2018.

 

LITIGATION/CASELAW/RULES/MEMOS

 

District Court Vacates Rescission of DACA Program, But Stays Vacatur Order for 90 Days

The district court judge issued an order vacating the decision to rescind DACA, requiring DHS to accept and process both new and renewal DACA applications. The court stayed its order of vacatur for 90 days. (NAACP v. Trump, 4/24/18) AILA Doc. No. 17091933

 

Oral Argument in Trump v. Hawaii/Travel Ban Case

ImmProf: Here is the audio to the oral arguments in the Supreme Court in the travel ban case (Trump v. Hawaii) this morning.  The transcript is here.  Reports(and here) see the Court as upholding the travel ban.  Amy Howe agrees in her recap of the argument.  Commentary is abundant.

 

Judge in case Sessions picked for immigrant domestic violence asylum review issued ‘clearly erroneous’ decisions, says appellate court

CNN: Newly released records now show that the case he handpicked, which involves a Central American woman fleeing domestic abuse from her ex-husband, comes from a judge who has been repeatedly rebuked by appellate judges for his multiple rejections of asylum claims from victims of domestic abuse.

 

BIA Reopens Proceedings Sua Sponte for TPS Holder to Adjust Status

Unpublished BIA decision reopens proceedings sua sponte for TPS holder to adjust status before USCIS after returning on a grant of advance parole. Special thanks to IRAC. (Matter of Jeune, 5/15/17) AILA Doc. No. 18042431

 

BIA Finds Arizona Statute Not a Firearms Offense

Unpublished BIA decision holds that misconduct involving weapons under Ariz. Rev. Stat. 13-3102(a)(1) is not a removable offense under INA §237(a)(2)(C) because it encompasses weapons other than firearms. Special thanks to IRAC. (Matter of Montes de Oca, 5/15/17) AILA Doc. No. 18042430

 

BIA Holds Arizona Aggravated DUI Not CIMT

Unpublished BIA decision holds that aggravated driving under the influence under Ariz. Rev. Stat. 28-1383(A)(1) is not a CIMT because statute applies to mere exercise of physical control over a vehicle. Special thanks to IRAC. (Matter of Rosas-Hernandez, 5/16/17) AILA Doc. No. 18042538

 

BIA Finds California Identity Theft Is Not a CIMT

Unpublished BIA decision holds that identity theft under Cal. Penal Code 530.5(a) is not a CIMT under Linares-Gonzalez v. Lynch 823 F.3d 508 (9th Cir. 2016). Special thanks to IRAC. (Matter of Nguyen, 5/16/17) AILA Doc. No. 18042633

 

BIA Upholds Bond to Respondent with Recent DUI Convictions

Unpublished BIA decision upholds grant of $10,000 bond to respondent convicted of DUI in 2016 in light of strong family ties to United States and wife who was seeking asylum and recently gave birth to a newborn. Special thanks to IRAC. (Matter of E-D-J-F-T-, 5/19/17) AILA Doc. No. 18042635

 

BIA Sustains DHS Appeal and Vacates IJ’s Grant of Asylum

The BIA found that DHS has the authority to file a motion to reconsider in Immigration Court and that an applicant in withholding of removal only proceedings subject to a reinstated order of removal pursuant to §241(a)(5) is ineligible for asylum. Matter of L-M-P-, 27 I&N Dec. 265 (BIA 2018) AILA Doc. No. 18042731

 

ICE Announces Woman Who Impersonated Attorney Sentences to Federal Prison

ICE announced that Jessica Godoy Ramos, who stole the identity of a New York attorney and filed immigration petitions on behalf of foreign nationals who believed she was a legitimate lawyer, was sentenced to 15 months in federal prison and ordered to pay restitution to 16 identified victims. AILA Doc. No. 18042436

 

ICE Announces Owner of Fraudulent School Sentences To Federal Prison

ICE announced that the owner of four schools in Koreatown in Los Angeles, who enrolled hundreds of foreign nationals who were not bona fide students, was sentenced to 15 months in federal prison and ordered to forfeit more than $450,000. AILA Doc. No. 18042536

 

DHS to Terminate TPS for Nepal on June 24, 2019

DHS announced that it will terminate the Temporary Protected Status (TPS) designation for Nepal on June 24, 2019. DHS determined that the country conditions have improved since the 2015 earthquake and subsequent aftershocks. Further details will be posted in the Federal Register. AILA Doc. No. 18042760

 

ACTIONS

 

 

RESOURCES

 

 

EVENTS

 

·             9/26/18 Representing Children in Immigration Matters 2018: Effective Advocacy and Best Practices

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

Wow! So much happening! So much information! Thanks Elizabeth, as always!

PWS

04-30-18

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 — 12-21-20 — Compiled by Elizabeth Gibson, Esquire, NY Legal Assistance Group

THE GIBSON REPORT – 04-23-18 – Compiled By Elizabeth Gibson, Esq., NY Legal Assistance Group

THE GIBSON REPORT – 04

TOP UPDATES

 

Annual DOS Country Reports on Human Rights Practices

QUESTION: And when the State Department is talking about this represents our values as Americans, the removal of sections on women’s reproductive rights – why is that not included in values as Americans?

AMBASSADOR KOZAK: There’s still a long section on women. And by the way, if you look elsewhere in the report, I mean, women are also activists, are also journalists. There are – yeah.

 

The Waiting Game

Interactive game simulating asylum detention and backlogs by ProPublica and WNYC: The U.S. is supposed to be a safe haven for people fleeing persecution. But asylum-seekers face years of uncertainty when they arrive.

 

Immigration Court Cases Now Involve More Long-Time Residents

TRAC: The latest available data from the Immigration Court reveals a sharp uptick in the proportion of cases involving immigrants who have been living in the U.S. for years. During March 2018, for example, court records show that only 10 percent of immigrants in new cases brought by the Department of Homeland Security had just arrived in this country while 43 percent had arrived two or more years ago.

 

Hundreds of Immigrant Children Have Been Taken From Parents at U.S. Border

NYT: [N]ew data reviewed by The New York Times shows that more than 700 children have been taken from adults claiming to be their parents since October, including more than 100 children under the age of 4.

 

Detained, Then Violated

Intercept: 1,224 Complaints Reveal a Staggering Pattern of Sexual Abuse in Immigration Detention. Half of Those Accused Worked for ICE.

 

Congress members investigating improper politicization of IJ and BIA hiring

Joint letter: Our offices recently received information alleging that the Department of Justice has targeted multiple candidates for immigration judge or BIA positions based on their perceived political or ideological views.

 

ICE Issues Updated Guidance on the Detention and Removal of Undocumented Parents or Legal Guardians

ICE issued updated guidance regarding the detention and removal of undocumented parents and legal guardians of a minor child(ren), to include those who have a direct interest in family court or child welfare proceedings in the United States. Guidance superseded August 2013 parental interests memo. ICE states that it is intended to complement the detention standards and policies that govern the intake, detention, and removal of undocumented parents or legal guardians. AILA Doc. No. 18042302.

 

A Rule Is Changed for Young Immigrants, and Green Card Hopes Fade

NYT: Under the new interpretation, the United States Citizenship and Immigration Services said that applicants in New York who were over 18, but not yet 21, when they began the application process no longer qualify.

 

ICE Memo on ERO Support of the EOIR’s Legal Orientation Program

The Washington Post obtained an ICE memo with guidance on best practices in support of EOIR’s Legal Orientation Program (LOP), stating that LOP attendees “… complete their cases faster than detainees who have not received LOP” and includes a list of the 37 ICE facilities where LOP operates. AILA Doc. No. 18041845

 

Trump orders DHS not to let immigrant caravans into US

Hill: President Trump said Monday he’s ordered the Department of Homeland Security (DHS) to turn away “caravans” of immigrants attempting to enter the U.S. through the southern border.

 

ICE arrests 225 during Operation Keep Safe in New York

ICE: Officers from U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) arrested 225 during a 6-day period, ending Apr. 14 in New York City, Long Island and the Hudson Valley. See also Governor Cuomo Concerned With Increase In Ice Raids In State Of New York.

 

Update to Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant; New Edition Dated 04/12/18

Update to Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant; New Edition Dated 04/12/18

 

LITIGATION/CASELAW/RULES/MEMOS

 

Supreme Court Rules That Language Defining “Crime of Violence” Is Unconstitutionally Vague

The Supreme Court affirmed the Ninth Circuit’s judgment that the language in 18 USC §16(b), as incorporated into the INA, that defines a “crime of violence” is unconstitutionally vague. (Sessions v. Dimaya, 4/17/18) AILA Doc. No. 18041731

  • DHS Statement on Sessions v. Dimaya

 

SCOTUS to Hear Arguments on When Time Stops Cutting off Cancellation of Removal Eligibility

ILW: Today the Supreme Court will hear arguments on the case of Pereira v. Sessions. The question presented is: “Whether, to trigger the stop-time rule by serving a“notice to appear under section 1229(a),” the government must “specify” the items listed in § 1229(a)’s definition of a “notice to

 

Supreme Court to Hear Oral Arguments (Finally) in “Travel Ban” Case

ImmProf: On April 26, the Supreme Court will hear oral argument in Trump v. Hawaii, the “travel ban” case.

 

Trump Administration Loses Another “Sanctuary” Case

ImmProf: The U.S. Court of Appeals for the Seventh Circuit upheld the district court injunction against the Department of Justice’s effort to deny federal funding to so-called “sanctuary cities” — those local jurisdictions that refuse to cooperate in federal immigration enforcement.

appear,” including “[t]he time and place at which the proceedings will be held.”

 

Canadian Lawsuit Challenges the United States’ Designation as a Safe Country for Asylum Seekers

AIC: [T]his lawsuit—filed by the Canadian Council for Refugees, the Canadian Council of Churches, Amnesty International, and affected individuals—argues that current U.S. policies and practices put asylum seekers at risk of refoulment and violate their human rights.

 

Southern Poverty Law Center Challenges Private Immigrant Detention 

ImmProf: Conditions in Georgia Detention Center: Immigrants Forced to Labor for $1 a Day, No Toilet Paper.

 

Iranian Religious Minorities File Class Action Suit Challenging Denials of Lautenberg-Specter Refugee Applications

Plaintiffs, Iranian religious minorities who applied for refugee admission under the Lautenberg-Specter program and their U.S.-based family members, filed a class action suit challenging the denials of their applications without sufficient explanation. (Doe 1 et al. v. Nielsen, 4/18/18) AILA Doc. No. 18042009

 

BIA Finds Forcible Gang Recruit Did Not Commit Serious Nonpolitical Crime

Unpublished BIA decision reverses finding that respondent committed a “serious nonpolitical crime” by delivering drugs and extortion money at the behest of a gang as a 12-year-old homeless child. Special thanks to IRAC. (Matter of C-H-C-, 5/4/17) AILA Doc. No. 18042003

 

BIA Rescinds In Absentia Order Against Respondent Who Provided Relative’s Address

Unpublished BIA decision rescinds in absentia order stating that respondent did not waive his right to notice of the hearing by listing the address of an uncle with whom he was not residing. Special thanks to IRAC. (Matter of Mata-Siciliano, 5/11/17) AILA Doc. No. 18042004

 

BIA Finds § 646.9 of the California Penal Code Is Not “Crime of Stalking”

The BIA sustained the appeal and ruled that the offense of stalking in violation of §646.9 of the California Penal Code is not “a crime of stalking” under INA §237(a)(2)(E)(i). Matter of Sanchez-Lopez, 27 I&N Dec. 256 (BIA 2018) AILA Doc. No. 18042007

 

CA3 Holds Possession of Child Pornography Under 18 Pa. Cons. Stat. §6312(d) Is a CIMT

The court denied the petition for review, applying the categorical approach to hold that the petitioner’s Pennsylvania conviction for possession of child pornography under 18 Pa. Cons. Stat. §6312(d) was a crime involving moral turpitude (CIMT). (Moreno v. Attorney General, 4/9/18) AILA Doc. No. 18041640

 

CA7 Upholds District Court’s Injunction Against Immigration Enforcement Conditions on Byrne JAG Funds

The court issued an opinion upholding the district court’s 9/15/17 nationwide preliminary injunction against the “notice” and “access” conditions on Byrne JAG funds. (Chicago v. Sessions, 4/19/18) AILA Doc. No. 18041903

 

CA8 Upholds Denial of I-751 Petition

The court denied the petition for review, holding that substantial evidence supported the IJ’s and the BIA’s findings that DHS met its burden to show that the petitioner and her late husband did not intend to establish a shared life at the time of their marriage. (Sagoe v. Sessions, 4/5/18) AILA Doc. No. 18041641

 

CA9 Holds That BIA Erred by Retroactively Applying Matter of Diaz-Lizarraga to Petitioner

The court granted the petition for review and remanded the case to the BIA, holding that the BIA erred in applying Matter of Diaz-Lizarraga retroactively to the petitioner. (Garcia-Martinez v. Sessions, 4/9/18) AILA Doc. No. 18041644

 

CA9 Vacates BIA’s Decision in Matter of G-G-S-

The court vacated the BIA’s published decision in Matter of G-G-S-, holding that its finding that an applicant’s mental health is not a factor to be considered in a “particularly serious crime” analysis was not entitled to Chevron deference. (Gomez-Sanchez v. Sessions, 4/6/18) AILA Doc. No. 18041645

 

USCIS Updates Its Policy Manual Regarding Acquisition of U.S. Citizenship for Children Born Out of Wedlock

USCIS issued guidance in the USCIS Policy Manual to clarify certain requirements for acquisition of U.S. citizenship for children born outside the United States and out of wedlock under INA § 301 and 309. USCIS is making conforming edits to the USCIS nationality charts. Comments are due by 5/1/18. AILA Doc. No. 18041833

 

GAO Issued Testimony for Senate Subcommittee on Immigration Courts

The GAO issued testimony for the Senate Judiciary subcommittee on Border Security and Immigration hearing on immigration courts with scenarios for restructuring EOIR’s immigration court system and how EOIR manages and oversees the immigration courts, including hiring and performance assessment. AILA Doc. No. 18042000

 

GAO Issued Report on Opportunities to Improve Cost Estimates in Immigration Detention

The GAO issued a report examining how ICE formulates its budget request for detention resources, how ICE develops bed rates and determines ADP for use in its budget process, and to what extent ICE’s methods for estimating detention costs follow best practices. AILA Doc. No. 18042001

 

 

ACTIONS

 

  • AILA: Call for Examples: Impact of DACA Rescission

 

RESOURCES

 

 

EVENTS

 

·             9/26/18 Representing Children in Immigration Matters 2018: Effective Advocacy and Best Practices

 

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

As always, thanks Elizabeth, for all you do!

 

PWS

04-23-18

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 — 04-16-18 — Compiled By Elizabeth Gibson, ESQ, NY Legal Assistance Group

THE GIBSON REPORT – 04

TOP UPDATES

 

Immigration Courts: Last Week Tonight with John Oliver (HBO)

If you need some dark humor but also want an excellent resource for explaining immigration courts to lay people.

 

Venting on Immigration, Trump Vows ‘No More DACA Deal’ and Threatens Nafta

NYT: President Trump, blaming Democrats and the Mexican government for an increasingly “dangerous” flow of illegal immigrants, unleashed a series of fiery tweets on Sunday in which he vowed “NO MORE DACA DEAL” and threatened to walk away from the North American Free Trade Agreement.

 

Public Charge Regs Sent to OMB

CLASP: The proposed rule would instruct immigration agents to consider whether an immigrant or a member of their family is likely to participate in any governmental assistance program when determining who can enter the U.S. or become a permanent resident.

 

ICE Ends Policy Of Presuming Release For Pregnant Detainees

HuffPo: The Trump administration has abandoned a policy of generally releasing pregnant women from immigrant detention, according to a directive publicly shared by Immigration and Customs Enforcement on Thursday.

 

ICE Used Private Facebook Data To Find And Track Criminal Suspect, Internal Emails Show

Intercept: ICE, the federal agency tasked with Trump’s program of mass deportation, uses backend Facebook data to locate and track suspects, according to a string of emails and documents obtained by The Intercept through a public records request

 

DOS Request for Comments on Proposed Changes to Form DS-260, Including Collection of Social Media Information

DOS 60-day notice and request for comments on proposed changes to Form DS-260, Electronic Application for Immigrant Visa and Alien Registration. One of the proposed new questions requires the applicant to provide certain social media identifiers. Comments are due 5/29/18. (83 FR 13806, 3/30/18) AILA Doc. No. 18033064. See also DOS Request for Comments on Proposed Changes to Forms DS-160 and DS-156, Including Collection of Social Media Information.

 

Trump Administration Adds Citizenship Question to Census 2020, California Immediately Files Suit

Imm Prof: The Commerce Department announced late last night that the 2020 Census will ask about people’s citizenship, which some claim will lead to a significant undercount of immigrant communities. NPR reports. If their immigrant residents are not counted, state and local communities stand to lose significant federal funding.

 

Trump Administration Refugee Admissions Fall Drastically Short of Six-Month Benchmark

AIC: The United States is on track to admit fewer refugees than ever before—going against our long-held values of welcoming the persecuted and oppressed.

 

USCIS Is Withholding Records Showing That Border Agents Are Abusing Asylum Seekers 

AIC: A new Freedom of Information Act lawsuit hopes to reveal how asylum officials’ repeated concerns about CBP officer misconduct were left unaddressed. The lawsuit, filed by Human Rights Watch and Nixon Peabody LLP, seeks information about such misbehavior, including hundreds of reports that CBP failed to properly screen asylum seekers.

 

With Yellow Vests and an ‘ICE-Sniffing Dog,’ Activists Watch for Immigration Agents

WNYC: Each day that court is in session, they patrol the courthouse in North Brunswick, where activists say three immigrants without documentation were recently detained by ICE after showing up to court to pay fines for driving-related infractions.

 

IDP/Make the Road: Guidance for ICE “Call-In Letter”

Immigration has mailed these letters to non-citizens with open criminal cases asking them to report to the 12th floor of Varick Street in NYC. These letters usually arrive shortly after the individual has been arrested (which includes receiving a Desk Appearance Ticket) or during their criminal case.

 

IJs Who Require Written Pleadings

A few immigration judges have recently joined the list of those who require written pleadings in the New York and New Jersey area. Advocates report that the list includes:

  • IJ Bain
  • IJ La Forest
  • IJ Wright
  • IJ Farber
  • IJ David Cheng (NJ)

 

LITIGATION/CASELAW/RULES/MEMOS

 

US Judge Opens Door for Thousands to Apply for Asylum

AP: A federal judge in Seattle opened the door Thursday for thousands of immigrants to apply for asylum, finding that the Department of Homeland Security has routinely failed to notify them of a deadline for filing their applications. Mendez-Rojas v. Johnson, No. 2:16-cv-01024-RSM (W.D. Wash. Filed June 30, 2016)

 

California, NY sue Trump administration over addition of citizenship question to census

WaPo: The suits are just the start of what is likely to be a broader battle with enormous political stakes that pits the administration against many Democratic states, which believe that the citizenship question will reduce the response rate for the census and produce undercounts.

 

Class Action Suit in California Challenges Prolonged Detention Under INA §241(a)(6) Without Bond Hearings

Plaintiffs filed a class action suit in federal district court on behalf of all individuals in the Ninth Circuit detained pursuant to INA §241(a)(6) for at least six months without a bond hearing. (Aleman Gonzalez v. Sessions, 3/27/18) AILA Doc. No. 18033001

 

Lawsuit Filed by Diversity Visa Lottery Winners from Travel Ban Countries

The court dismissed the case as moot because the Supreme Court already mooted the challenges to Executive Order 13780 in IRAP v. Trump and Hawaii v. Trump and did not rule on the legality of Executive Order 13780. (Almaqrami v. Tillerson, 3/27/18) AILA Doc. No. 17080730

 

BIA Finds Attorney Who Left Law Firm Provided Ineffective Assistance

Unpublished BIA decision finds respondent’s prior attorney provided ineffective assistance by failing to submit documents and leaving firm one week before hearing without providing notes for new attorney. Special thanks to IRAC. (Matter of Camacho-Luz, 5/10/17) AILA Doc. No. 18032801

 

BIA Finds Child Endangerment Statute Not a Crime of Child Abuse

Unpublished BIA decision holds that endangering the welfare of a child under 18 Pa. Cons. Stat. 4304(a)(1) is not a crime of child abuse because it does not require a knowing mental state or a likelihood of harm to a child. Special thanks to IRAC. (Matter of Gutierrez, 5/12/17) AILA Doc. No. 18032633

 

BIA Affirms Finding that Public Lewdness Is Not a CIMT

Unpublished BIA decision denies DHS motion to reconsider prior decision holding that public lewdness under NYPL 245.00 is not a CIMT. Special thanks to IRAC. (Matter of Kaminski, 5/11/17) AILA Doc. No. 18032637

 

Unpublished BIA Decision on Proper Authentication of Form I-213

In an unpublished decision, the BIA remanded the case, disagreeing with the Immigration Judge’s conclusion that the Form I-213 was properly authenticated and stating that “the inherent reliability for an I-213 depends on its proper authentication.” Courtesy of Fausto Falzone. AILA Doc. No. 18032734

 

CA4 Vacates Matter of Jimenez-Cedillo

The court remanded to the BIA, holding that the BIA’s failure to provide a reasoned explanation as to why it abandoned its precedent regarding when a sexual offense against a minor is a CIMT was arbitrary and capricious. Courtesy of Ben Winograd. (Jimenez-Cedillo v. Sessions, 3/20/18) AILA Doc. No. 18032933

 

Liberian Deferred Enforced Departure Extension to March 31, 2019

White House: I find that conditions in Liberia no longer warrant a further extension of DED, but that the foreign policy interests of the United States warrant affording an orderly transition (“wind-down”) period to Liberian DED beneficiaries.  In consultation with my advisors, I have concluded that a 12‑month wind‑down period is appropriate in order to provide Liberia’s government with time to reintegrate its returning citizens and to allow DED beneficiaries who are not eligible for other forms of immigration relief to make necessary arrangements and to depart the United States.

 

ACTIONS

 

 

RESOURCES

 

 

EVENTS

 

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

Thanks, Elizabeth, for all you do!

PWS

04-16-18

Related posts:

  1. THE GIBSON REPORT 04-22-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  2. 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!🏴‍☠️☠️⚰️👎🏻
  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 — 04-09-18 – Compiled By Elizabeth Gibson, ESQ, NY Legal Assistance Group

THE GIBSON REPORT

TOP HEADLINES:

TOP UPDATES

 

Trump Signs Memo Ordering End to ‘Catch and Release’ Immigration Policy

NYT: President Trump issued a memorandumon Friday directing his administration to move quickly to bring an end to “catch and release,” the practice by which immigrants presenting themselves at the border without authorization are released from detention while waiting for their cases to be processed. The directive does not, on its own, toughen immigration policy or take concrete steps to do so; it merely directs officials to report to the president about steps they are taking to “expeditiously end ‘catch and release’ practices.”

 

Attorney General Announces Zero-Tolerance Policy for Criminal Illegal Entry

DOJ: Attorney General Jeff Sessions today notified all U.S. Attorney’s Offices along the Southwest Border of a new “zero-tolerance policy” for offenses under 8 U.S.C. § 1325(a), which prohibits both attempted illegal entry and illegal entry into the United States by an alien. Today’s zero-tolerance policy further directs each U.S. Attorney’s Office along the Southwest Border … to adopt a policy to prosecute all Department of Homeland Security referrals of section 1325(a) violations, to the extent practicable.

 

EOIR Issues Guidance Implementing Immigration Judge Performance Metrics

EOIR issued guidance outlining performance metrics for immigration judges (IJs), to be implemented on 10/1/18. Metrics will be added to the IJ Performance Work Plan and in addition to other requirements, IJs will need to complete 700 cases per year, to earn a satisfactory rating. AILA Doc. No. 18040301

 

3 States Agree to Deploy National Guard to Border as Others Stall or Refuse

Tribune News Service: Defense Secretary James N. Mattis has signed an order to send up to 4,000 National Guard troops to the U.S.-Mexico border but barred them from interacting with migrants detained by the Border Patrol in most circumstances.

 

Border Patrol has thousands of openings it can’t fill

CNN: According to Customs and Border Protection, as of March 17, there were 19,346 Border Patrol agents on duty, short of the congressionally mandated 21,370. That’s almost 100 fewer agents than there were at the end of September 2017.

 

Mexico says it’s already deported 400 people in ‘Caravan’

WashTimes: The Mexican government says it’s already deported 400 people who were part of the caravan of illegal immigrants crossing its territory in a journey from Central America to the U.S. — but says it’s up to American officials, not Mexicans, to stop them from getting into the U.S.

 

U.S. gathers data on migrants deep in Mexico, a sensitive program Trump’s rhetoric could put at risk

WaPo: Operating in detention facilities in southern Mexico and here in [Mexico City], Department of Homeland Security officials have installed scores of screening terminals to collect migrants’ fingerprints, ocular scans and other identifying features, including tattoos and scars.

 

Graham predicts new push for immigration deal

Politico: Sen. Lindsey Graham said Sunday he expects another push in Congress to reach an immigration deal “by the spring, early summer.”

 

The Betrayal of Triste

NYMag: Henry thought that talking to the cops would help him escape MS-13. Instead, it put his life in even more danger.

 

America needs more workers. Trump’s war on immigration won’t help.

WaPo: The causes of America’s worker shortfall include an aging population and a birthrate that recently hit a historic low. With the jobless rate bumping along at just above 4 percent, companies desperate to fill orders and meet demand are pumping up their recruiting budgets and in some cases turning to ex-convicts to fill jobs.

 

Closure of U.S. Consulate General in St. Petersburg, Russia

DOS announced that due to the Russian government’s closure of the U.S. Consulate General in St. Petersburg, it is no longer able to provide services to U.S. citizens in St. Petersburg. The U.S. Embassy in Moscow and Consulates General in Yekaterinburg and Vladivostok remain open.

AILA Doc. No. 18040207

 

LITIGATION/CASELAW/RULES/MEMOS

 

Southern Poverty Law Center Files Suit Challenging Lack of Access to Counsel in Immigration Detention Centers

The Southern Poverty Law Center filed a lawsuit in federal district court challenging immigration detainees’ lack of access to counsel in the LaSalle, Irwin, and Stewart detention centers. (SPLC v. DHS, 4/4/18) AILA Doc. No. 18040530

 

BIA Applies Matter of Pickering on a Nationwide Basis

The BIA sustained the respondent’s appeal, reaffirming Matter of Pickering, regarding the validity of vacated convictions for immigration purposes, and the decision is modified to give it nationwide application. Matter of Marquez Conde, 27 I&N Dec. 251 (BIA 2018)AILA Doc. No. 18040630

 

CA1 Denies Petition for Review of Denial of Asylum, Withholding, and CAT Protection to Guatemalan Quiché Petitioners

The court denied the petition for review, holding, among other things, that the petitioners did not show that the government of Guatemala condoned the actions of those who mistreated the petitioners or was unable or unwilling to protect them. (Olmos-Colaj v. Sessions, 3/29/18) AILA Doc. No. 18040341

 

CA1 Denies Petition for Review Challenging BIA’s Denial of Motion to Reopen

The court found that the BIA did not abuse its discretion when it dismissed the petitioner’s motion to reopen as untimely. The court also dismissed for lack of jurisdiction his challenge to the BIA’s decision not to exercise its sua sponte authority to reopen. (Reyes v. Sessions, 3/29/18) AILA Doc. No. 18040431

 

CA2 Finds Petitioner Removable Where CSA Drug Schedules Were Broader at Time of Conviction Than at Time of Removal

The court found that the BIA did not err in determining that the petitioner’s federal drug trafficking conviction made him removable, even though the Controlled Substances Act (CSA) schedules of drugs were broader at time of conviction than at the time of removal. (Doe v. Sessions, 3/29/18) AILA Doc. No. 18040434

 

CA3 Finds New Jersey Conviction for Receiving Stolen Property to Be an Aggravated Felony

The court denied the petition for review, holding that a conviction under N.J. Stat. Ann. §2C:20-7(a) for receiving stolen property is categorically an aggravated felony under INA §101(a)(43)(G). (Lewin v. Sessions, 3/20/18) AILA Doc. No. 18040435

 

CA4 Holds That “Egregious Violation” Exclusionary Rule Applies to State and Local Officers

The court held that the “egregious violation” exclusionary rule applies in civil deportation proceedings to state and local officers, and that the petitioner did not prove an egregious violation by state law enforcement of his Fourth Amendment rights. (Sanchez v. Sessions, 3/27/18) AILA Doc. No. 18040440

 

CA5 Denies Petition for Review Where Defendant Failed to Raise the Issue of the Realistic Probability Test

The court found that the BIA did err in its application of the categorical approach to the petitioner’s conviction, but denied the petition for review because the petitioner failed to address the issue of the realistic probability test in his brief. (Vazquez v. Sessions, 3/21/18) AILA Doc. No. 18040441

 

CA8 Denies Petition for Review of Denial of Asylum to Guatemalan Survivor of Gender-Based Violence

The court denied the petition for review of the denial of asylum, finding that the harm inflicted on the petitioner by her husband and by a neighbor did not rise to the level of persecution and that she failed to establish a fear of future persecution. (Lopez v. Sessions, 4/3/18) AILA Doc. No. 18040342

 

CA9 Finds Petitioner Convicted Under California Penal Code §182(a)(1) Is Ineligible for Cancellation Based on Inconclusive Record

The court held that petitioner had failed to meet her burden of proof to show that her conviction under California Penal Code §182(a)(1) was not for a disqualifying controlled substance offense, and thus that she was ineligible for cancellation of removal. (Marinelarena v. Sessions, 8/23/17) AILA Doc. No. 17082435

 

CA10 Holds that Violation of 18 USC §1542 Is Categorically a Crime Involving Moral Turpitude

The court held that a violation of 18 USC §1542 for making a false statement in a passport application is categorically a crime involving moral turpitude. (Afamasaga v. Sessions, 3/19/18) AILA Doc. No. 18040445

 

CA11 Finds Florida Conviction for Sale of Cocaine to Be an “Illicit Trafficking” Aggravated Felony

The court held that the BIA did not err in concluding that the petitioner was ineligible for cancellation of removal because his Florida conviction for sale of cocaine constituted illicit trafficking within the meaning of INA §101(a)(43)(B). (Choizilme v. Attorney General, 3/30/18) AILA Doc. No. 18040446

 

Court Finds CBP’s Response to AILA FOIA for Officer’s Reference Tool Inadequate

The court denied the government’s motion for summary judgment, noting it is obligated to review and disclose responsive records, including the documents that make up the Officer’s Reference Tool unless a FOIA exemption or other legal objection to disclosure applies. (AILA v. DHS, 3/30/18) AILA Doc. No. 18040337

 

ACLU Affiliates Sends Letter to Greyhound Buses on Immigration Raids

ACLU affiliates sent a letter to Greyhound on its practice of permitting CBP agents to routinely board its buses and question passengers about their citizenship and immigration status, stating Greyhound has the right to deny CBP permission to board and search its buses without a judicial warrant. AILA Doc. No. 18040340

 

USCIS Announces It Will Destroy Undeliverable Green Cards and EADs After 60 Days

USCIS announced that starting 4/2/18, it will destroy permanent resident cards, employment authorization cards, and travel documents returned as undeliverable by the U.S. Postal Service after 60 business days if USCIS is not contacted with the correct address. AILA Doc. No. 18040401

 

ACTIONS

 

 

RESOURCES

 

 

EVENTS

 

·            9/26/18Representing Children in Immigration Matters 2018: Effective Advocacy and Best Practices

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

As always, thanks Elizabeth for keeping us all informed!

PWS

04-09-18

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 – 04-02-18 — Compiled By Elizabeth Gibson, ESQ, NY Legal Assistance Group

THE GIBSON REPORT – 04

HEADLINES:

TOP UPDATES

Immigration Courts: Last Week Tonight with John Oliver (HBO)

If you need some dark humor but also want an excellent resource for explaining immigration courts to lay people.

 

Venting on Immigration, Trump Vows ‘No More DACA Deal’ and Threatens Nafta

NYT: President Trump, blaming Democrats and the Mexican government for an increasingly “dangerous” flow of illegal immigrants, unleashed a series of fiery tweets on Sunday in which he vowed “NO MORE DACA DEAL” and threatened to walk away from the North American Free Trade Agreement.

 

Public Charge Regs Sent to OMB

CLASP: The proposed rule would instruct immigration agents to consider whether an immigrant or a member of their family is likely to participate in any governmental assistance program when determining who can enter the U.S. or become a permanent resident.

 

ICE Ends Policy Of Presuming Release For Pregnant Detainees

HuffPo: The Trump administration has abandoned a policy of generally releasing pregnant women from immigrant detention, according to a directive publicly shared by Immigration and Customs Enforcement on Thursday.

 

ICE Used Private Facebook Data To Find And Track Criminal Suspect, Internal Emails Show

Intercept: ICE, the federal agency tasked with Trump’s program of mass deportation, uses backend Facebook data to locate and track suspects, according to a string of emails and documents obtained by The Intercept through a public records request

 

DOS Request for Comments on Proposed Changes to Form DS-260, Including Collection of Social Media Information

DOS 60-day notice and request for comments on proposed changes to Form DS-260, Electronic Application for Immigrant Visa and Alien Registration. One of the proposed new questions requires the applicant to provide certain social media identifiers. Comments are due 5/29/18. (83 FR 13806, 3/30/18) AILA Doc. No. 18033064. See also DOS Request for Comments on Proposed Changes to Forms DS-160 and DS-156, Including Collection of Social Media Information.

 

Trump Administration Adds Citizenship Question to Census 2020, California Immediately Files Suit

Imm Prof: The Commerce Departmentannounced late last night that the 2020 Census will ask about people’s citizenship, which some claim will lead to a significant undercount of immigrant communities. NPR reports. If their immigrant residents are not counted, state and local communities stand to lose significant federal funding.

 

Trump Administration Refugee Admissions Fall Drastically Short of Six-Month Benchmark

AIC: The United States is on track to admit fewer refugees than ever before—going against our long-held values of welcoming the persecuted and oppressed.

 

USCIS Is Withholding Records Showing That Border Agents Are Abusing Asylum Seekers 

AIC: A new Freedom of Information Act lawsuit hopes to reveal how asylum officials’ repeated concerns about CBP officer misconduct were left unaddressed. The lawsuit, filed by Human Rights Watch and Nixon Peabody LLP, seeks information about such misbehavior, including hundreds of reports that CBP failed to properly screen asylum seekers.

 

With Yellow Vests and an ‘ICE-Sniffing Dog,’ Activists Watch for Immigration Agents

WNYC: Each day that court is in session, they patrol the courthouse in North Brunswick, where activists say three immigrants without documentation were recently detained by ICE after showing up to court to pay fines for driving-related infractions.

 

IDP/Make the Road: Guidance for ICE “Call-In Letter”

Immigration has mailed these letters to non-citizens with open criminal cases asking them to report to the 12th floor of Varick Street in NYC. These letters usually arrive shortly after the individual has been arrested (which includes receiving a Desk Appearance Ticket) or during their criminal case.

 

IJs Who Require Written Pleadings

A few immigration judges have recently joined the list of those who require written pleadings in the New York and New Jersey area. Advocates report that the list includes:

  • IJ Bain
  • IJ La Forest
  • IJ Wright
  • IJ Farber
  • IJ David Cheng (NJ)

 

LITIGATION/CASELAW/RULES/MEMOS

 

US Judge Opens Door for Thousands to Apply for Asylum

AP: A federal judge in Seattle opened the door Thursday for thousands of immigrants to apply for asylum, finding that the Department of Homeland Security has routinely failed to notify them of a deadline for filing their applications. Mendez-Rojas v. Johnson, No. 2:16-cv-01024-RSM (W.D. Wash. Filed June 30, 2016)

 

California, NY sue Trump administration over addition of citizenship question to census

WaPo: The suits are just the start of what is likely to be a broader battle with enormous political stakes that pits the administration against many Democratic states, which believe that the citizenship question will reduce the response rate for the census and produce undercounts.

 

Class Action Suit in California Challenges Prolonged Detention Under INA §241(a)(6) Without Bond Hearings

Plaintiffs filed a class action suit in federal district court on behalf of all individuals in the Ninth Circuit detained pursuant to INA §241(a)(6) for at least six months without a bond hearing. (Aleman Gonzalez v. Sessions, 3/27/18) AILA Doc. No. 18033001

 

Lawsuit Filed by Diversity Visa Lottery Winners from Travel Ban Countries

The court dismissed the case as moot because the Supreme Court already mooted the challenges to Executive Order 13780 in IRAP v. Trump and Hawaii v. Trump and did not rule on the legality of Executive Order 13780. (Almaqrami v. Tillerson, 3/27/18) AILA Doc. No. 17080730

 

BIA Finds Attorney Who Left Law Firm Provided Ineffective Assistance

Unpublished BIA decision finds respondent’s prior attorney provided ineffective assistance by failing to submit documents and leaving firm one week before hearing without providing notes for new attorney. Special thanks to IRAC. (Matter of Camacho-Luz, 5/10/17) AILA Doc. No. 18032801

 

BIA Finds Child Endangerment Statute Not a Crime of Child Abuse

Unpublished BIA decision holds that endangering the welfare of a child under 18 Pa. Cons. Stat. 4304(a)(1) is not a crime of child abuse because it does not require a knowing mental state or a likelihood of harm to a child. Special thanks to IRAC. (Matter of Gutierrez, 5/12/17) AILA Doc. No. 18032633

 

BIA Affirms Finding that Public Lewdness Is Not a CIMT

Unpublished BIA decision denies DHS motion to reconsider prior decision holding that public lewdness under NYPL 245.00 is not a CIMT. Special thanks to IRAC. (Matter of Kaminski, 5/11/17) AILA Doc. No. 18032637

 

Unpublished BIA Decision on Proper Authentication of Form I-213

In an unpublished decision, the BIA remanded the case, disagreeing with the Immigration Judge’s conclusion that the Form I-213 was properly authenticated and stating that “the inherent reliability for an I-213 depends on its proper authentication.” Courtesy of Fausto Falzone. AILA Doc. No. 18032734

 

CA4 Vacates Matter of Jimenez-Cedillo

The court remanded to the BIA, holding that the BIA’s failure to provide a reasoned explanation as to why it abandoned its precedent regarding when a sexual offense against a minor is a CIMT was arbitrary and capricious. Courtesy of Ben Winograd. (Jimenez-Cedillo v. Sessions, 3/20/18) AILA Doc. No. 18032933

 

Liberian Deferred Enforced Departure Extension to March 31, 2019

White House: I find that conditions in Liberia no longer warrant a further extension of DED, but that the foreign policy interests of the United States warrant affording an orderly transition (“wind-down”) period to Liberian DED beneficiaries.  In consultation with my advisors, I have concluded that a 12‑month wind‑down period is appropriate in order to provide Liberia’s government with time to reintegrate its returning citizens and to allow DED beneficiaries who are not eligible for other forms of immigration relief to make necessary arrangements and to depart the United States.

 

ACTIONS

 

 

RESOURCES

 

 

EVENTS

 

·             9/26/18 Representing Children in Immigration Matters 2018: Effective Advocacy and Best Practices

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

Thanks, Elizabeth, for keeping us up to date on all that’s happening!

 

PWS

04-03-18

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 — 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 — 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 03-26-18 — Compiled By Elizabeth Gibson, ESQ, NY Legal Assistance Group

THE GIBSON REPORT 03-26-18

TOP UPDATES

 

A.G. Sessions Declares War on Continuances: Matter of L-A-B-R-

Sessions has certified another BIA decision to himself. This time, he is looking at what constitutes ‘good cause’ to grant a continuance for a collateral matter to be adjudicated.”  (Note that the AIC Practice Advisory on Motions for a Continuance has already been updated to address this.)

 

Congress Reaches A Deal to Fund Government for the Year Without Solution for Dreamers

AIC: The legislation does include record levels of immigration enforcement, detention beds, and additional funds related to a border wall.

 

Growing Trend of Lawyers offering “Immigrant Protection Plans”

Tampa Bay Times: Here’s how the Immigrant Protection Plan works: Once an immigrant is arrested, their loved one can contact the program’s 24-hour hotline to contact a lawyer who will be assigned to the case… Several documents, including the lawyer’s notice of appearance and a motion for a bond hearing, will have already been completed and are ready to be filed.…. Clients also receive a laminated card with guidance on how to interact with ICE agents…. The program also identifies possible forms of relief. Clients fill out questionnaires every 60 days that the firm uses to evaluate whether a new solution, either a policy change or personal circumstance, has emerged in their case.

 

Mother in viral arrest video released from immigration detention [on bond]

Union-Tribune: Two videos of the arrest went viral several days later after a teacher of one of the daughters shared them on Facebook. After videos surfaced, Border Patrol said that agents targeted Morales-Luna “for being in the country illegally” and also said the agency suspected her of recruiting drivers for a transnational smuggling organization in East County.

 

USCIS Updates Webpage to Share More Accurate Processing Times

USCIS: U.S. Citizenship and Immigration Services (USCIS) today launched a pilot to test a redesigned processing times webpage that displays the data for all forms in an easier-to-read format and also tests a new way of collecting data and calculating the processing times for some forms.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Class Action Filed on Ending Obstacles for TPS Recipients Seeking Legal Permanent Residence

AIC: The lawsuit alleges that Defendants’ policy: Violates the Immigration and Nationality Act (INA) and Administrative Procedure Act (APA) because it refuses to recognize that TPS holders have been “inspected and admitted” for the purposes of adjudicating adjustment of status applications; and Causes Defendants to fail to perform a non-discretionary duty (finding that TPS holders have been inspected and admitted when adjudicating adjustment of status applications). Moreno v. Nielsen, 1:18-cv-01135 (E.D.N.Y., Feb. 22, 2018)

 

BIA Remands Record Due to Lack of Mam Interpreter

Unpublished BIA decision remands record because Mam-speaking respondent did not understand proceedings conducted through a Spanish interpreter. Special thanks to IRAC. (Matter of Ambrosio-Domingo, 5/12/17) AILA Doc. No. 18032231

 

CA2 Finds Failure to Inform Defendant of Immigration Consequences of Guilty Plea Was Not Harmless Error

The court held that the district court’s failure to inform the defendant of the potential immigration consequences of his guilty plea was not harmless error. The court vacated the judgment of the district court and remanded. (U.S. v. Gonzales, 3/13/18) AILA Doc. No. 18032000

 

CA2 Holds That BIA Erred by Retroactively Applying Matter of Diaz-Lizarraga

The court held that the BIA erred by retroactively applying the standard announced in Matter of Diaz-Lizarraga for larceny crimes involving moral turpitude to the petitioner’s case and remanded the case to the BIA. (Obeya v. Sessions, 3/8/18) AILA Doc. No. 18031900

 

CA7 Finds Mexican Petitioner Did Not Meet Burden to Establish Eligibility for Withholding of Removal or CAT Relief

The court denied the petition for review, finding that the petitioner did not meet his burden in establishing that he would be subject to future persecution or torture, and that he was thus not entitled to withholding of removal or relief under the CAT. (Cruz-Martinez v. Sessions, 3/14/18) AILA Doc. No. 18031931

 

CA7 Finds Lack of Jurisdiction to Review Whether Petitioner Waived Her Appeal Rights

The court dismissed the petition for review, finding that it lacked jurisdiction to review the question of whether the petitioner had waived her appeal rights. (Melesio-Rodriguez v. Sessions, 3/7/18) AILA Doc. No. 18031935

 

CA9 Finds Requirement to Accept Asylum Petitioner’s Testimony as True Where IJ and BIA Did Not Make Adverse Credibility Determination

The court granted the petition for review of the denial of asylum and withholding of removal, finding that because neither the IJ nor the BIA made an explicit adverse credibility determination, the court was required to accept the petitioner’s testimony as true. (Dai v. Sessions, 3/8/18) AILA Doc. No. 18031938

 

CA11 Finds That Petitioner’s Florida Cocaine Trafficking Conviction Was Not an Aggravated Felony

Relying on its recent decision in Cintron v. Attorney General, the court held that the petitioner’s conviction for trafficking in cocaine under Fla. Stat. §893.135(1)(b)1.c was not an aggravated felony and remanded the case to the BIA. (Ulloa Francisco v. Attorney General, 3/12/18) AILA Doc. No. 18031940

 

CA11 Finds Government Did Not Meet Burden to Show Asylum Petitioner Could Relocate Within China

In an unpublished opinion, the court remanded the case to the BIA, holding that the government did not meet its burden to show that the Chinese Christian petitioner could relocate within China to avoid persecution. Courtesy of Henry Zhang. (Shi v. Attorney General, 3/15/18) AILA Doc. No. 18032160

 

IJ Finds Respondent Established Persecution on Perceived LGBTI Identity

In an unpublished decision, the IJ granted the respondent’s application for asylum, finding he established that he suffered persecution on account of his perceived LGBTI identity and the Guatemalan government is unable to control his persecutors. Courtesy of Brian Blackford. AILA Doc. No. 18032232

 

ICE Announces Texas Man Sentenced to Three Years in Prison for Defrauding Immigrants

ICE announced that Alejando Gurany-Navarro, of El Paso, Texas was sentenced in U.S. District Court to three years in prison and three years of supervised release for his scheme to defraud individuals seeking immigration benefits, by claiming he could provide legal status for a fee. AILA Doc. No. 18032032

 

NLRB ALJ Orders Compensation and Reclassification as Employees for Immigration Court Interpreters

The National Labor Relations Board ruled that SOS International, under contract with DOJ to provides the vast majority of interpreters in immigration courts nationally, illegally retaliated against some of the interpreters for organizing and must offer them reinstatement and back pay. AILA Doc. No. 18032132

 

White House Release Fact Sheet on Sanctuary Cities

The White House released a fact sheet with President Trump’s critiques of sanctuary cities. AILA Doc. No. 18032238

 

ACTIONS

 

  • Tahirih Justice Center: Organizational Sign-on Letter re Matter of A-B-: We ask that your organization sign the letterby March 30 to help us ensure that DHS files a brief that is consistent with its prior positions. The text of the letter can be reviewed here. As you know, the Attorney General has certified the case Matter of A-B- to himself and is now reconsidering key elements of asylum law. It appears that the AG may seek to do away with asylum protection for survivors of domestic violence. However, because of the way the question is framed in the certification notice, it is possible that asylum based on persecution such as female genital mutilation/cutting and trafficking, and asylum based on persecution on grounds such as religion and sexual orientation could also be severely limited by this decision. Also, Please take action by signing and sharing this Change.org petition.

 

 

 

 

 

 

 

RESOURCES

 

 

EVENTS

 

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

Get the complete report at the above link. Thanks so much, Elizabeth!

PWS

03-27-18

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 03-19-18

The Gibson Report 03

Compiled by Elizabeth Gibson, Esq., New York Legal Assistance Group

HEADLINES:

TOP UPDATES

 

Supreme Court agrees to hear immigration law detention case

WaPo: The Supreme Court has agreed to decide whether federal immigration law gives the government the power to indefinitely detain any noncitizen it is considering deporting if the person previously committed certain crimes.

Cert granted. SCOTUSblog overview of the case.

 

Supreme Court bans Arizona from denying ‘Dreamers’ driver’s licenses

The Hill: Reuters reported that justices refused to hear the state’s Republican-driven challenge to President Obama’s Deferred Action for Childhood Arrivals (DACA) program, which protects young people brought into the country illegally as children from deportation. Their decision lets stand a lower court ruling that blocked the state from denying driver’s licenses to DACA recipients. Cert denied.

 

Jeff Sessions Has Power To Shape Asylum Policy. He Could Be Gearing Up To Use It To Deny Relief To Domestic Violence Victims.

HuffPo: Now, Sessions is set to personally decide the fate of a Salvadoran woman the appeals board deemed eligible for asylum more than a year ago. If Session rules against the woman, he could ensure that she is deported instead of being granted asylum — and that future immigrants seeking asylum on similar grounds meet a similar fate. Sessions has already referred three immigration cases to himself this year — an uncommonly high rate that alarmed experts who fear he is gearing up to dramatically shrink the parameters for who can be spared from deportation.

 

AILA Report “Cogs in the Deportation Machine” Shows Massive Escalation of Immigration Enforcement

ImmProf: The American Immigration Lawyers Association (AILA) released a new report detailing how the Trump administration has systematically increased enforcement, using harsh, indiscriminate methods to deport thousands of families, asylum seekers, and people who have lived and worked for years in the United States.

 

See The 20+ Immigration Activists Arrested Under Trump

NPR: Immigration and Customs Enforcement, the agency most frequently criticized for arresting activists, categorically rejects the accusation that it is singling them out. ICE says it does not retaliate against unlawful immigrants for critical comments they make, and any suggestion to the contrary is “irresponsible” and “speculative.”

 

Dem leaders pull back from hard-line immigration demand

The Hill: While House Minority Leader Nancy Pelosi (D-Calif.) and other Democratic leaders had hinged their support for last month’s budget caps deal on a commitment from Republicans to consider legislation salvaging the Deferred Action for Childhood Arrivals (DACA) program, they’ve signaled they won’t hold a similar line heading into next week’s expected vote on an omnibus spending bill.

 

ICE spokesman resigns, citing fabrications by agency chief, Sessions about California immigrant arrests

WaPo: A spokesman for U.S. Immigration and Customs Enforcement has resigned over what he described as “false” and “misleading” statements made by Attorney General Jeff Sessions and ICE acting director Thomas D. Homan. James Schwab worked out of the agency’s San Francisco office until he abruptly quit last week.

 

The US Keeps Mistakenly Deporting Its Own Citizens

VICE: “Recent data suggests that in 2010 well over 4,000 US citizens were detained or deported as aliens, raising the total since 2003 to more than 20,000, a figure that may strike some as so high as to lack credibility,” Stevens wrote in a 2011 report.

 

Long-Residing Liberians Are at Risk of Losing Protection from Deportation by the End of March

AIC: While much of the national immigration conversation has focused on the fate of Dreamers and those with Temporary Protected Status, a little-known protection provided to Liberians is on the brink of expiration.

 

Westchester Becomes First County in the State to Pass Immigrant Protection Act

NYIC: The IPA, which County Executive George Latimer is widely expected to sign into law, prohibits county officials from using resources to do the job of federal immigration authorities; prevents county officials from asking for immigration status or country of birth when it is not necessary to the job the function they are performing; and prevents County Corrections and Probation officers from handing over Westchester residents to Immigration and Customs Enforcement (ICE) unless there is a judicial warrant.

 

Collateral damage: How Trump threw Canada’s refugee system into turmoil

Reuters: More than 20,000 people, including thousands of Haitians and Nigerians and hundreds of Turks, Syrians and Eritreans, have crossed the border into Canada illegally over the past year in search of asylum, many fleeing in fear that Trump would deport them to their home countries. This unexpected northward migration has overwhelmed Canada’s system for processing asylum claims, leading to the worst delays in years.

 

NY OCC Update

Please be advised that the New York Office of the Chief Counsel (OCC-NYC) will be revising the hours of operation for our 26 Federal Plaza reception window effective Monday, April 2, 2018.  Starting on that date, the reception window will be open to the public from Monday-Friday, 8:30am to 12:00pm, excluding holidays.  In-person filings will only be accepted during these hours.  The duty attorney will only be available to the public during these hours.  You may continue to email inquiries to the duty attorney at:  Duty-Attorney.NYC-OCC@ice.dhs.gov.  The OCC-NYC does not accept document filings through the duty attorney mailbox.The OCC-NYC continues to receive documents 24/7 through eService (visit: eserviceregistration.ice.gov) and will also continue to receive filings by regular and express mail at the following address: DHS/ICE, Office of the Chief Counsel, 26 Federal Plaza, Room 1130, New York, NY 10278.

 

LITIGATION/CASELAW/RULES/MEMOS

 

ACLU Files Class Action Lawsuit on Behalf of Immigrant Parents and Children Detained in Separate Facilities

The ACLU amended its previous complaint in Ms. L. v. ICE to seek to represent a nationwide class of plaintiffs who are detained in immigration custody and whose minor children are separated from them and detained in ORR custody. (Ms. L. v. ICE, 3/9/18) AILA Doc. No. 18031238. See also ACLU legal explainer.

 

Post-Jennings Habeas Win in Northern District of California

Withholding client wins habeas case in Northern District of California .  The order confirms that despite the recent Supreme Court decision in Jennings v. Rodriguez, individuals in withholding-only proceedings are still eligible for prolonged detention bond hearings under Diouf v. Napolitano.  The order also has good language on DUIs and rehabilitation that could be useful in bond cases.

 

Ninth Circuit to Hear DACA Arguments in May 2018

ImmProf: The U.S. Court of Appeals for the Ninth Circuit has ordered an expedited briefing schedule in the consolidated appeals to a group of case, including the district court injunction of the rescission of the Deferred Action for Childhood Arrivals (DACA) policy.

 

BIA Finds Adjudicators May Look to Multiple Provisions of the CSA to Determine if an Offense Is an Aggravated Felony Under INA §101(a)(43)(B)

The BIA held that in deciding whether a state offense is an aggravated felony under INA §101(a)(43)(B), adjudicators need not look solely to the provision of the Controlled Substances Act (CSA) most similar to the state statute of conviction. Matter of Rosa, 27 I&N Dec. 228 (BIA 2018) AILA Doc. No. 18031437

[Of note in CA2: FN 5 notes that in NY it is permissible and common to take impossible “attempted recklessness” pleas, which apparently you can’t in CA. And voluntary (first degree) manslaughter under NY law is already considered a COV under Vargas-Sarmiento, 448 F.3d 159 (2d Cir. 2006).]

 

BIA Finds California Attempted Voluntary Manslaughter to Be an Aggravated Felony Under INA §101(a)(43)(F)

The BIA held that attempted voluntary manslaughter in violation of §§192(a) and 664 of the California Penal Code is categorically an aggravated felony crime of violence under INA §101(a)(43)(F). Matter of Cervantes Nunez, 27 I&N Dec. 238 (BIA 2018) AILA Doc. No. 18031538

 

CA1 Upholds Denial of Asylum Where Evidence Showed Persecution Was Based on an Economic Motive

The court denied the petition for review, finding that substantial evidence showed that the petitioner failed to establish eligibility for asylum by failing to show a nexus between his alleged persecution and a statutorily protected ground. (Lopez-Lopez v. Sessions, 3/16/18) AILA Doc. No. 18031637

 

CA2 Holds That BIA Erred by Retroactively Applying Matter of Diaz-Lizarraga

The court held that the BIA erred by retroactively applying the standard announced in Matter of Diaz-Lizarraga for larceny crimes involving moral turpitude to the petitioner’s case and remanded the case to the BIA. (Obeya v. Sessions, 3/8/18) AILA Doc. No. 18031900

 

CA5 Upholds Texas SB 4

The court issued an opinion upholding Texas SB 4 in its entirety, except for the application to elected officials of the prohibition on endorsing policies limiting the enforcement of immigration laws. (City of El Cenizo, Texas, et al. v. State of Texas, 3/13/18) AILA Doc. No. 18031434

 

DHS OIG Finds USCIS Has Unclear Website Information and Unrealistic Time Goals for Adjudicating Green Card Applications

DHS OIG reports that information on USCIS’s website about processing times for green card applications doesn’t reflect the actual time it takes field offices, on average, to adjudicate them and the stated 120-day goal for green card adjudication is unrealistic. USCIS concurred with the findings. AILA Doc. No. 18031436

 

Lawsuit Challenges the Administration’s Implementation of the Waiver Process Under the Latest Travel Ban

A class action lawsuit was filed in federal district court on March 13, 2018, challenging the administration’s implementation of the waiver process under Presidential Proclamation 9645, the third iteration of the travel ban. (Emami v. Nielsen et al., 3/13/18) AILA Doc. No. 18031551

 

Article: What DOJ’s California Lawsuit Means for Immigrant Sanctuaries Across the Country

Governing the States and Localities reports on DOJ’s lawsuit challenging three California laws related to immigration enforcement, with AILA Senior Legislative Associate Alyson Sincavage discussing how the outcome could impact other jurisdictions with similar laws. AILA Doc. No. 18031540

 

DHS Statement on President Trump’s Visit to Border Wall Prototypes

After President Trump’s operational briefing at the border wall prototypes in San Diego, DHS issued a statement calling for legislation to deter migration.AILA Doc. No. 18031435

 

Practice Alert: USCIS Transfers I-601A Processing from the NBC to the NSC

 

ACTIONS

 

 

RESOURCES

 

 

EVENTS

 

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

Many thanks, Elizabeth.

PWS

03-20-18

Related posts:

  1. ⭐️⭐️⭐️⭐️⭐️⚖️🗽🇺🇸FORMER DEPUTY AG DON AYER, JUDGE MIMI TSANKOV AMONG “HEADLINERS” AT TIMELY UPCOMING NY CITY BAR ASSN. EVENT: “Rule of Law Forum – Preserving the Rule of Law in an Age of Disruption” — Register Now, Right Here!
  2. THE GIBSON REPORT — 02-14-21💝 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Mandatory E-Filing @ EOIR Starts & Lots Of Other “Interesting Stuff!”  — CMS Study Shows How Garland Is Ignoring the “Low Hanging Fruit” On His Out of Control EOIR Backlog! ☹️
  3. THE GIBSON REPORT — 10-30-17
  4. 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!

THE GIBSON REPORT – 03-12-18

THE GIBSON REPORT – 03

Compiled by Elizabeth Gibson, Esq., NY Legal Assistance Group

 

HEADLINES:

TOP UPDATES

 

EOIR Updates

  • The EOIR hotline appears to no longer list the IJ. To verify the IJ, you will need to call the court.
  • Lora was vacatedon Monday. No more Lora bond hearings for now, although the bond issue is still being litigated.
  • OCC: Please be advised that the San Juan Office of the Chief Counsel will be handling cases formerly assigned to IJ Margaret McManus and IJ Elizabeth Lamb during March and April.  Please note that documents for these hearings must be served via eService to ensure timely receipt by the Assistant Chief Counsel in San Juan.  In the alternative, documents may be sent via Express Mail directly to the San Juan office at the following address. [People have reported already having McManus and Lamb cases by video conference to San Juan. But double check because at least one person has said their case for this month was rescheduled instead of being sent to San Juan.]

 

Advocates Say Sessions’ Decision to Toss Rule on Asylum Hearings Endangers Thousands

WaPo: The decision this week vacates a 2014 ruling by the Justice Department’s Board of Immigration Appeals. Now, immigration judges can reject asylum petitions without a full hearing if, upon initial review, they appear to be fraudulent or unlikely to succeed. [This is particularly concerning in light of Matter of W-Y-C- & H-O-B-, 27 I&N Dec. 189 (BIA 2018), which requires the clear articulation of a social group. Advocates worry that the two decisions could be used together to say that someone is not entitled to an individual hearing if they do not articulate a PSG at a master calendar hearing.]

 

AG Refers Decision to Himself and Issues Amicus Invitation on “Particular Social Group” and Victims of Private Criminal Activity

The Attorney General referred Matter of A-B- to himself for review of issues relating to whether being a victim of private criminal activity constitutes a cognizable “particular social group” for purposes of an application for asylum and withholding of removal. AILA Doc. No. 18030801.

  • From Respondent’s Counsel: It’s an ARCG case where my client was denied by IJ VSC in Charlotte. BIA reversed on every element including adverse credibility in December 2016. IJ VSC recertified it in August 2017 to the BIA saying that Velazquez v Sessions (4th circuit) basically meant that ARCG was no longer applicable.

 

US in Talks with Mexico on Safe Third Country Agreement

Politico: Homeland Security Department officials hope to discuss an asylum deal with Mexican officials, despite frayed diplomatic relations over border security and trade, a department official tells Morning Shift. The Trump administration aims to strike a “safe third country” pact with Mexico that would allow the United States to return non-Mexican asylum seekers to Mexico if they passed through that country en route to the southwest border.

 

How the Supreme Court is Expanding the Immigrant Detention System

Atlantic: During FY 2018, ICE reports that its average daily population has been 40,726. Before the year began, ICE budget documents had projected a detention population of 51,379. That staggering expansion—65 percent in a single year—would have vaulted ERO to a spot somewhere around No. 7. Its population would rank in size behind only the federal prison system and those of California, Florida, Georgia, New York, and Texas.

 

DOJ Files Lawsuit Challenging Three California Laws Relating to Immigration Enforcement

The Department of Justice filed a lawsuit challenging three California laws relating to immigration enforcement as violating the Supremacy Clause of the Constitution. (United States v. California, 3/6/18)

AILA Doc. No. 18030700

 

Extension of the Designation of Syria for Temporary Protected Status

DHS: announces that the Secretary of Homeland Security (Secretary) is extending the designation of Syria for Temporary Protected Status (TPS) for 18 months, from April 1, 2018, through September 30, 2019. The extension allows currently eligible TPS beneficiaries to retain TPS through September 30, 2019, so long as they otherwise continue to meet the eligibility requirements for TPS. Re-Registration Period Opens for Syrians with Temporary Protected Status.

 

Article: On DACA’s Termination Date, Path Forward Remains Unclear

Bloomberg Law reports on court decisions that have temporarily allowed the DACA program to continue beyond the March 5 end date set by President Trump and where the Dream Act stands in Congress, with insights from AILA Director of Government Relations Greg Chen. AILA Doc. No. 18030601

 

Immigration Attorney Sentenced to More Than Six Years in Prison for Fraud Scheme and Identity Theft in Relation to Visa Applications

USCIS: An Indianapolis, Indiana immigration attorney was sentenced today to 75 months in prison for defrauding the U.S. Citizenship and Immigration Services (USCIS) and more than 250 of his clients by filing fraudulent visa applications and reaping approximately $750,000 in illegitimate fees.

 

Baltimore approves spending of $200,000 to pay lawyers to help immigrants fight deportations

Half of the $200,000 is funded by a grant from the Vera Institute of Justice, a New York nonprofit. The other half will come from the city’s budget.

 

Suffolk Sheriff Will Continue Honoring Cooperation With ICE

NYIC: Suffolk County’s new sheriff, Errol Toulon Jr., replaced Vincent DeMarco in January. De Marco, a staunchly conservative supporter of President Trump’s immigration policies, had established a policy of tight cooperation with ICE.

 

LITIGATION/CASELAW/RULES/MEMOS

 

AG Refers and Vacates Decision on Entitlement to Full Asylum Hearing

Attorney General Jeff Sessions referred the BIA decision in Matter of E-F-H-L- to himself for review and vacated that decision, directing that the matter be recalendared and restored to the active docket. Matter of E-F-H-L-, 27 I&N Dec. 226 (A.G. 2018). AILA Doc. No. 18030536.

 

CA1 Finds Evidence Did Not Compel Conclusion That Violence Against Petitioner’s Family Members Was Due to Family Membership

The court denied the petition for review of the denial of the petitioner’s asylum application, finding that the evidence did not compel the conclusion that a series of violent incidents against her family members was on account of their family membership. (Sosa-Perez v. Sessions, 2/28/18) AILA Doc. No. 18030630

 

CA2 Says New CIMT Interpretation for Theft Crimes Is NOT Retroactive

Post Diaz-Lizarraga, the BIA now deems theft crimes to be CIMTs if the intended deprivation was permanent OR where property rights are substantially eroded.  [T]he Second Circuit reversed the BIA’s retroactive application of the new rule, reasoning that criminal defendant’s of that time would have relied on existing precedent regarding immigration consequences of convictions when entering into pleas.

 

CA2 Finds There Is No Duress Exception to the “Material Support Bar”

The court joined several other circuits in holding that the “material support bar” in INA §212(a)(3)(B)(iv)(VI) does not except individuals who acted under duress. (Hernandez v. Sessions, 2/28/18) AILA Doc. No. 18030633

 

CA2 Holds That BIA’s Interpretation of REAL ID Act Was Entitled to Chevron Deference

The court held that the BIA’s interpretation of the REAL ID Act as not requiring an IJ to give a petitioner an opportunity to submit additional evidence when the IJ concludes that corroborating evidence is required was entitled to Chevron deference. (Sun v. Sessions, 2/23/18) AILA Doc. No. 18030635

 

CA3 Holds That Unlawful Contact with a Minor Under 18 Pa. Cons. Stat. §6318(a)(5) is a Crime of Child Abuse

The court denied the petition for review, holding that a conviction for unlawful contact with a minor under 18 Pennsylvania Consolidated Statutes §6318(a)(5) is a crime of child abuse under INA §237(a)(2)(E)(i). (Mondragon-Gonzalez v. Attorney General, 1/29/18) AILA Doc. No. 18030636

 

CA5 Remands to District Court to Determine Whether Minor in ORR Custody Wishes to Pursue an Abortion

In a case involving whether ORR can refuse an unaccompanied minor access to Texas’s judicial bypass regime, the court remanded the case to the federal district court to conduct a hearing to determine whether the unaccompanied minor presently wishes to pursue an abortion. (Doe v. ORR, 3/1/18) AILA Doc. No. 18030637

 

CA5 Dismisses Equitable Tolling Case for Lack of Jurisdiction

Where the petitioner filed a statutorily untimely motion to reopen but argued she was entitled to equitable tolling, the court dismissed the petition for lack of jurisdiction, finding that whether equitable tolling applied was a question of fact, not of law. (Penalva v. Sessions, 2/28/18) AILA Doc. No. 18030701

 

CA9 Finds Violation of California Penal Code §286(i) to Be an Aggravated Felony

The court found that a violation of California Penal Code §286(i) for sodomy where the victim cannot consent qualifies as a rape offense under INA §101(a)(43)(A), and that the plaintiff’s conviction under that statute was therefore an aggravated felony. (Elmakhzoumi v. Sessions, 3/1/18) AILA Doc. No. 18030738

 

Maryland District Court Declines to Enjoin Rescission of DACA Program

The U.S. District Court for the District of Maryland issued an opinion declining to enjoin the government’s rescission of the DACA program but enjoining the government from using information provided through the DACA program for enforcement purposes. (Casa de Maryland v. DHS, 3/5/18) AILA Doc. No. 18030734

 

Civil Rights and Civil Liberties Organizations File FOIA Seeking Information on Extreme Vetting Policies

On 3/1/18, Muslim Advocates, along with a coalition of 29 civil rights and civil liberties organizations, filed a FOIA request seeking information from DHS, OIG, CRCL, and ICE concerning their extreme vetting policies and procedures. AILA Doc. No. 18030730

 

Muslim Advocates and the Center for Constitutional Rights File FOIA on the Travel Ban Waiver Process

On 1/23/18, Muslim Advocates and the Center for Constitutional Rights filed a FOIA request seeking information from DHS, DOS, CBP, and USCIS regarding the waiver process provided for in Presidential Proclamation 9645 (Travel Ban 3.0). AILA Doc. No. 18030732

 

ACTIONS

 

 

 

RESOURCES

 

 

EVENTS

 

 

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

As always, thanks Elizabeth. You’re amazing!

PWS

03-13-18

 

 

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. 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 — 02-26-18

THE GIBSON REPORT

HEADLINES:

TOP UPDATES

 

Supreme Court Denies Certiorari in DACA Rescission Case

SCOTUSblog: SCOTUS denied the administration’s request for review of a decision blocking termination of Deferred Action for Childhood Arrivals policy, without prejudice (meaning the case can come back to the justices).

 

State Department report will trim language on women’s rights, discrimination

Politico: The human rights bureau also has been directed to cut back a broader section in the various country reports generally called “discrimination, societal abuses and trafficking in persons.” Along with women’s reproductive rights, that section touches on topics such as anti-Semitism or pressures on the gay and lesbian community. It also includes discrimination that’s not necessarily government-sponsored.

 

US Deportations Targeting More People With No Crime Records

AP: U.S. Immigration and Customs Enforcement said 65 percent of arrests from October to December were criminals, compared to 82 percent during the final full three months of the Obama administration. Looked at another way, arrests of criminals jumped 14 percent to 25,626 from 22,484, but arrests of non-criminals nearly tripled to 13,548 from 4,918.

 

Under Trump, Border Patrol Steps Up Searches Far From the Border

NYT: Border Patrol officers are working without permission on private property and setting up checkpoints up to 100 miles away from the border under a little-known federal law that is being used more widely in the Trump administration’s aggressive crackdown on illegal immigration.

 

Big Brother is Following Immigrants

ImmProf: In January, ICE signed a contract with Vigilant, and the Electronic Frontier Foundation reported that the agency can use the database to drill down into the data for a single license plate to find where the person has lived, worked, gone to church, ran errands, and took their kids to school for the past five years. ICE can also add a license plate to a hotlist which then sends immediate sightings in real time directly to ICE.

 

U.S. Citizenship and Immigration Services Will Remove “Nation of Immigrants” From Mission Statement

The Intercept: Cissna wrote. “In particular, referring to applicants and petitioners for immigration benefits, and the beneficiaries of such applications and petitions, as ‘customers’ promotes an institutional culture that emphasizes the ultimate satisfaction of applicants and petitioners, rather than the correct adjudication of such applications and petitions according to the law.” Critically, Cissna added, “Use of the term leads to the erroneous belief that applicants and petitioners, rather than the American people, are whom we ultimately serve.”

 

Warning of ICE action, Oakland mayor takes Trump resistance to new level

The Hill: Schaaf cited information from “multiple credible sources” that Immigrations and Customs Enforcement (ICE) planned to conduct a sweep in California’s Bay Area, possibly as soon as the next day…The statement about the potential raids included information on the obligations of school officials and business owners to protect immigrants.

 

Trump floats ICE pullout in California

Politico: Trump’s comments appeared to be empty bluster. It’s extremely unlikely that his administration, which views undocumented immigration as a grave threat, would stop policing immigration in a border state — even one that gave Trump only 33 percent of the popular vote in 2016.

 

Visits by federal immigration authorities are spooking businesses and workers

LA Times: Are ICE’s audits new? No. ICE visits to employers hit a peak of 3,127 under President Obama in 2013, before his administration shifted its focus to deporting people convicted of serious crimes. In the 2017 fiscal year, ICE said it conducted 1,360 audits. But under Trump, who railed against both legal and illegal immigration during both the 2016 campaign and his presidency, ICE agents have become more willing to arrest anyone in the country illegally whom they encounter during enforcement actions, even if those people have no criminal convictions.

 

After testy call with Trump over border wall, Mexican president shelves plan to visit White House

WaPo: Peña Nieto was eyeing an official trip to Washington this month or in March, but both countries agreed to call off the plan after Trump would not agree to publicly affirm Mexico’s position that it would not fund construction of a border wall that the Mexican people widely consider offensive, said the officials, who spoke on the condition of anonymity to discuss a confidential conversation.

 

The US Undocumented Population Fell Sharply During the Obama Era: Estimates for 2016

CMS: [T]he steady decline in the [undocumented] population since 2010 refutes the recurrent argument that consideration by Congress of an earned legalization program or the DREAM Act, or even the establishment of the Deferred Action for Childhood Arrivals (DACA) program — all of which occurred during this time-frame — invariably leads to increased undocumented immigration. In addition, as previously documented by CMS, the United States has turned a significant corner in immigration enforcement. The remaining US undocumented population has extremely long tenure, strong equitable ties, and firm roots in the United States.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Supreme Court Denies Certiorari in DACA Rescission Case

The Supreme Court denied certiorari, and noted that “[i]t is assumed that the Court of Appeals will proceed expeditiously to decide this case.” (DHS v. Regents of the University of California, 2/26/18). AILA Doc. No. 17091102.

 

Class Action Lawsuit Filed to Allow Certain Temporary Protected Status Recipients to Adjust Their Status

The American Immigration Council filed a class action lawsuit in a New York federal district court, challenging the unlawful practice of depriving certain TPS holders with close family relationships/employment in the U.S. from becoming lawful permanent residents. (Moreno v. Nielson, 2/22/18). AILA Doc. No. 18022337

 

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

The New York Civil Liberties Union filed a class action lawsuit in the District Court of the Southern District of New York against the Office of Refugee Resettlement challenging the government’s prolonged detention of immigrant children across New York. (L.V.M v. Lloyd, 2/16/18). AILA Doc. No. 18022262

 

Brief Argues Attorney General Lacks Impartiality Necessary to Decide Immigration Cases

AIC: In a rare move, Attorney General Jeff Sessions recently referred an immigration case to himself, utilizing a regulation that gives attorney generals the power to reconsider cases previously decided by the Board of Immigration Appeals. But Sessions’ hostile anti-immigrant public statements, made over the course of his entire career, make him unfit to rule in an immigration case.

 

DOJ Files Complaint to Denaturalize Diversity Visa Recipient Who Obtained Naturalized Citizenship

DOJ filed a complaint in the Eastern District of Michigan to revoke the naturalization U.S. citizenship of Humayun Kabir Rahman after he failed to disclose two prior orders of removal and became a U.S. citizen in 2004. The case was referred by USCIS and identified as a part of Operation Janus. AILA Doc. No. 18022032

 

BIA Finds IJ Properly Considered Applicant’s Border Interview in Making Credibility Determination

The BIA dismissed the appeal, stating that when considering a border or airport interview in making a credibility determination, an IJ should assess the accuracy and reliability of the interview based on the totality of the circumstances. Matter of J-C-H-F-, 27 I&N Dec. 211 (BIA 2018). AILA Doc. No. 18022037

 

BIA Holds California Theft Statute Not a CIMT

Unpublished BIA decision holds that theft under Cal. Veh. Code 10851(a) is not a CIMT because it criminalizes joyriding and is not divisible. Special thanks to IRAC. (Matter of Arellano Aguilar, 4/28/17) AILA Doc. No. 18022035

 

BIA Finds Domestic Assault Not a CIMT

Unpublished BIA decision holds that fifth degree domestic assault under Minn. Stat. 609.2242, subd.1(2) is not a CIMT because neither physical contact nor infliction of injury is required. Special thanks to IRAC. (Matter of Omari, 4/28/17)AILA Doc. No. 18022036

 

BIA Holds Unauthorized Use of Personal Identifying Document Not a CIMT

Unpublished BIA decision holds that unauthorized use of personal identifying information of another under Cal. Penal Code 530.5(a)(5) is not a CIMT. Special thanks to IRAC. (Matter of Pangilinan, 4/26/17). AILA Doc. No. 18022364

 

BIA Finds Misprision of Felony Is a CIMT

The BIA dismissed the appeal, finding that misprision of felony in violation of 18 U.S.C. § 4 (2006) is categorically a crime involving moral turpitude (CIMT) and reaffirmed the holding in Matter of Robles. Matter of Mendez, 27 I&N Dec. 219 (BIA 2018). AILA Doc. No. 18022339

 

BIA Finds Possession of Motor Vehicle Part Without ID Number Is Not a CIMT

Unpublished BIA decision holds that possession of a motor vehicle part without an identification number under Utah Code 4-1a-1313 is not a CIMT because it does not require the part to be stolen or used unlawfully. Special thanks to IRAC. (Matter of Romero-Ramirez, 4/28/17). AILA Doc. No. 18022206

 

BIA Finds Sale or Transport of Controlled Substance Not an Aggravated Felony

Unpublished BIA decision holds sale or transport of controlled substance under Cal. Health & Safety Code 11352(a) not an aggravated felony because it includes mere solicitation, offer to sell, and importation from another state. Special thanks to IRAC. (Matter of Gallo, 4/28/17). AILA Doc. No. 18022202

 

CA1 Finds BIA Did Not Abuse Its Discretion in “Particularly Serious Crime” Analysis

The court denied the petitions for review, finding that the BIA did not abuse its discretion in concluding that the petitioner’s aggravated identity theft conviction was a “particularly serious crime” rendering her ineligible for withholding. (Valerio-Ramirez v. Sessions, 2/15/18). AILA Doc. No. 18022210

 

CA1 Remands Case to the BIA to Determine Whether Massachusetts Arson Is a CIMT

The court found that the reasoning the BIA used to conclude that Massachusetts arson is categorically a crime involving moral turpitude (CIMT) was inadequate, and remanded the petitioner’s case to the BIA. (Rosa Pena v. Sessions, 2/14/18). AILA Doc. No. 18022209

 

CA4 Holds BIA Erred in Finding Petitioner Did Not Meet Nexus Requirement for Asylum and Withholding Claims

The court found that the BIA erred in holding that the petitioner did not meet the “nexus” requirement for his asylum and withholding of removal claims, finding that at least one central reason for his persecution by MS-13 was his membership in his family. (Salgado-Sosa v. Sessions, 2/13/18). AILA Doc. No. 18022232

 

CA5 Denies Petition for Review Where Petitioner Claimed Lack of Notice of Hearing

The court denied the petition for review, holding that the BIA did not abuse its discretion in affirming the IJ’s decision that the petitioner received proper notice of her hearing where delivery of the notice occurred at the address the petitioner provided. (Garcia Nunez v. Sessions, 2/8/18). AILA Doc. No. 18022336

 

CA7 Denies Petition for Review of Denial of CAT Relief for Bisexual Jamaican Citizen

The court concluded that the denial of CAT deferral of removal was supported by substantial evidence, finding that the petitioner, a bisexual Jamaican citizen, did not provide sufficient evidence that he specifically would be targeted for extreme violence. (Bernard v. Sessions, 2/8/18). AILA Doc. No. 18022335

 

CA9 Vacates Denial of Chinese Petitioner’s Asylum Application

Where the petitioner had been persecuted by Chinese authorities after opposing eminent domain, the court vacated the BIA’s denial of his asylum application, finding that the persecution was on account of an imputed political opinion. (Song v. Sessions, 12/18/17, amended 2/15/18). AILA Doc. No. 17122000

 

CA9 Holds That Children of LPRs May Take Advantage of Age Calculation Formula in INA §203(h)(1)

The court held that the word “age” in INA §201(f)(2) refers unambiguously to age as calculated under INA §203(h)(1), and rejected the BIA’s contrary holding in Matter of Zamora-Molina. (Rodriguez Tovar v. Sessions, 2/14/18). AILA Doc. No. 18022344

 

CA9 Says Detention of Noncitizens Subject to Reinstated Removal Orders Is Governed by INA §241(a)

The court held that reinstated removal orders are administratively final, and that the detention of noncitizens subject to reinstated removal orders is governed by INA §241(a). Thus, the petitioner was not entitled to a bond hearing. (Padilla-Ramirez v. Bible, 7/6/17, amended 2/15/18). AILA Doc. No. 17072668

 

CA9 Refuses to Remand Case Where Petitioners Did Not Show Eligibility for Administrative Closure

The court found that the IJ and BIA erred by not reviewing the petitioners’ administrative closure request, but that remand was not required because the petitioners did not show eligibility for administrative closure under the Avetisyan factors. (Gonzalez-Caraveo v. Sessions, 2/14/18). AILA Doc. No. 18022338

 

CA10 Affirms District Court’s Certification of Two Classes of ICE Detainees in Private Contract Detention Facility

The court affirmed the district court’s certification of two classes of ICE detainees housed in a GEO group private contract detention facility in Aurora, Colorado. The detainees’ complaint is based on a forced labor claim and an unjust enrichment claim. (Menocal v. GEO Group, 2/9/18). AILA Doc. No. 18022330

 

CA11 Holds That Petitioner’s Florida Drug Trafficking Conviction Was Categorically Not an Aggravated Felony

The court held that Florida Statutes §893.135(1)(c)1. (2007), which criminalized various narcotics offenses, was indivisible and categorically overbroad, and therefore a conviction under that statute cannot qualify as an aggravated felony under the INA. (Cintron v. Attorney General, 2/20/18). AILA Doc. No. 18022361

 

ACTIONS

 

Survey on Northern Triangle Asylum Cases: We are Temple Law students seeking your feedback on a project we are working on with the Washington Office on Latin America (WOLA) to support asylum claims from the Northern Triangle.  We aim to provide asylum lawyers with country conditions information tailored to specific issues that arise commonly in cases from the Northern Triangle but lack sufficient easily accessible factual support. This is where you come in.  We need your advice to determine which issues and countries we should prioritize in our efforts.  To that end, we’d be grateful if you could complete this survey

 

RESOURCES

 

·         Pew: Key facts about U.S. immigration policies and proposed changes

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PWS

02-27-18

Related posts:

  1. THE GIBSON REPORT — 12-31-18 — Compiled By The Always Amazing Elizabeth Gibson, Esquire, NY Legal Assistance Group
  2. OUR BETTER ANGELS: The Gibson Report For 09-05-17 & “A Message For Dreamers”
  3. THE GIBSON REPORT — 04-29-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  4. THE GIBSON REPORT — 02-15-21 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

THE GIBSON REPORT 02-20-18

Gibson Report 02-20-18

HEADLINES:

TOP UPDATES

Immigrant rights group in email says it was warned not to mention abortion to teens
WaPo: The constraints on what government-funded lawyers can say to young detainees was contained in an email from the nonprofit Vera Institute of Justice, which said it acted after a phone call with an HHS employee. Vera’s instruction to lawyers comes as the Trump administration has tried in court to block access to abortion procedures for undocumented teens in federal custody. “We know for a fact that there is a very real risk to the entire legal services program for children in [Office of Refugee Resettlement] custody if issues other than immigration are addressed in consultations or representation, the abortion issue in particular.

Former ICE Chief Counsel Pleads Guilty to Using the Identities of Numerous Immigrants for Wire Fraud and Aggravated Identity Theft Scheme
DOJ: According to admissions in the plea agreement, from October 2013 through Oct. 25, 2017, Sanchez, who had responsibility over immigration removal proceedings in Alaska, Idaho, Oregon and Washington, intentionally devised a scheme to defraud seven aliens in various stages of immigration removal proceedings.

NYC’s Immigration Court Erodes Accommodations for Children Without Attorneys
City Limits: Over the past few months, finding legal representation has become even more challenging for immigrant children in New York City because Manhattan’s federal immigration court has eroded several of the practices and provisions designed to help children connect with nonprofit and pro bono attorneys inside the courthouse, say four lawyers who direct programs that connect with unrepresented children at 26 Federal Plaza.

District Court in New York Issues Nationwide Injunction Against Rescission of the DACA Program
The district court issued a nationwide preliminary injunction ordering the government to maintain the DACA program on the same terms and conditions that existed prior to the 9/5/17 DACA rescission memo, subject to certain limitations. (New York v. Trump, 2/13/18)
· USCIS Not Accepting DACA Requests from Individuals Never Granted DACA – USCIS announced that the scope of the 2/13/18 preliminary injunction is the same as the preliminary injunction issued on 1/9/18.

City DAs press ICE to stop arresting immigrants at courthouses
Daily News: Three of the city’s districts attorneys are pleading with ICE to stop arresting immigrants at city courthouses. The Manhattan, Brooklyn and Bronx DAs joined Public Advocate Letitia James Wednesday to push the feds to stop the arrests, which they say are interfering with the justice system.

DHS Releases a Series of Statements Supporting the Administration
· Unaccompanied Alien Children and Family Units Are Flooding the Border Because of Catch and Release Loopholes
· We Must Secure The Border And Build The Wall To Make America Safe Again
· We Need to End Unchecked Chain Migration and Eliminate the Reckless Visa Lottery to Secure the Nation and Protect the American Worker

From School Suspension To Immigration Detention
Intercept: For Immigrant Students on Long Island, Trump’s War on Gangs Means the Wrong T-Shirt Could Get You Deported. The path from school to immigration detention usually goes like this: A teenager, often recently resettled in the United States, gets into some sort of trouble at school. Sometimes, as in Dennis’s case, a fight triggers a criminal charge — making the teen a direct target for removal. Other times, the violation of some school code, official or unofficial, can prompt school administrators to label a teen as a gang member… In the absence of a criminal record, it’s not always clear how that information ends up in the hands of police and immigration authorities — but it usually does.

The White House’s weekly ‘immigrant crime’ tally includes non-crimes and nonimmigrants
WaPo: In 2016 there were 1.2 million violent crimes, or 23,077 a week. If that number held last week, the White House only found two crimes linked to immigrants in the country illegally.

Immigration reform faces high hurdle in the House
Wa. Examiner: The Senate’s failure to pass an immigration reform proposal last week casts a spotlight on the House, where Speaker Paul Ryan has pledged to take up legislation next month.

LITIGATION/CASELAW/RULES/MEMOS

New NYPD U cert requirements
The main change/addition is that they now want a copy of our client’s ID and a blank cert with our client’s identifying information already filled out. (see attached guidance)

Iranian Alliances Across Borders Challenges Presidential Proclamation on Visa Restrictions
The Fourth Circuit Court of Appeals affirmed the 10/17/17 preliminary injunction granted by the district court. The court stayed its decision in light of the Supreme Court’s 12/4/17 order in Trump v. IRAP staying the injunction. (IAAB v. Trump, 2/15/18) AILA Doc. No. 17100400

CA4 Affirms District Court’s Preliminary Injunction Against Travel Ban
The Fourth Circuit Court of Appeals affirmed the 10/17/17 preliminary injunction granted by the district court. The court stayed its decision in light of the Supreme Court’s 12/4/17 order staying the injunction. (IRAP v. Trump, 2/15/18) AILA Doc. No. 17031332

CA9 Remands Case Challenging Exclusion of Protesters from CBP Enforcement Zone
The court remanded to the district court to determine whether, and what part of, a CBP enforcement zone is a public forum, and whether the government’s policy of excluding individuals from the enforcement zone is permissible under the principles of forum analysis. (Jacobson v. DHS, 2/13/18) AILA Doc. No. 18021633

CA9 Finds INA §318 Did Not Preclude District Court from Considering Petitioners’ Naturalization Applications
The court held that INA §318 does not preclude a district court from considering a naturalization application that is properly before the court pursuant to INA §336(b). (Yith v. Nielsen, 2/7/18) AILA Doc. No. 18021233

CA11 Denies Petition for Review of BIA’s Denial of Motion to Reopen
The court upheld the BIA’s decision denying the petitioner’s motion to reopen removal proceedings, finding, among other things, that he failed to exhaust his administrative remedies and that the BIA did give “reasoned consideration” to his claims. (Lin v. Attorney General, 1/31/18) AILA Doc. No. 18021230

District Court in New York Issues Nationwide Injunction Against Rescission of the DACA Program
The district court issued a nationwide preliminary injunction ordering the government to maintain the DACA program on the same terms and conditions that existed prior to the 9/5/17 DACA rescission memo, subject to certain limitations. (New York v. Trump, 2/13/18)

District Court Orders IJs to Consider Asylum Seekers’ Financial Circumstances When Setting Bond
A district court ordered that once an IJ has determined that an asylum-seeker at the Batavia Federal Detention Facility should be released on bond, financial circumstances as well as alternative conditions of release should be considered. (Abdi, et al v. Nielsen, 2/9/18) AILA Doc. No. 18021532

USCIS Finalizes Guidance on Signature Requirement
USCIS announced that it issued final policy guidance stating that petitioners and applicants who seek immigration benefits must provide a valid signature on submitted forms and that power of attorney signatures will no longer be accepted. This new policy is effective as of 3/18/18. AILA Doc. No. 18021641

USCIS Expands Credit Card Payment Options for Fees
USCIS will now accept credit card payments, with this payment option available for the 41 fee-based forms processed at USCIS Lockbox facilities. To pay via Visa, MasterCard, American Express, or Discover, applicants will need to use Form G-1450, Application for Credit Card Transaction. AILA Doc. No. 18021434

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Working off my I-pad today, so I couldn’t make the “Headlines” with “interactive links.” But, if you click the top link, you can get the complete report with all the links.

PWS

02-21-18

Related posts:

  1. THE GIBSON REPORT – 10-09-18– Compiled By Elizabeth Gibson, Esq., NY Legal Assistance Group
  2. THE GIBSON REPORT 04-22-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  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 — 12-21-20 — Compiled by Elizabeth Gibson, Esquire, NY Legal Assistance Group