Category: Immigrant Justice Corps

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

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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

 

 

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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

PRO BONO LAWYERS SAY CHANGES IN EOIR POLICIES IN NEW YORK SHAFT CHILDREN NEEDING REPRESENTATION IN COURT!

NYC’s Immigration Court Erodes Accommodations for Children Without Attorneys

David Brand reports for CityLife.org;

. . . .

Thousands of other undocumented immigrant children never get a lawyer and continue to experience that fear and uncertainty during deportation proceedings. Others choose to avoid court, exposing themselves to in-absentia removal orders.

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.

Legal Aid Society’s Immigrant Youth Project supervising attorney Beth Krause says the changes have led to fewer children getting legal representation and will likely doom more children to deportation — even if their situations or experiences merit asylum, protected status or visa eligibility.

“What this means is there are many, many children who are not getting consultation with a lawyer and many kids who do have relief available but, if they don’t talk to a lawyer, might not know it and give up,” Krause says.

Though children have no legal right to government-funded counsel in immigration court — a reality reaffirmed by the U.S. Ninth Circuit Court of Appeals in late-January — New York City’s court used to provide some accommodations to help children find attorneys. The court consolidated the juvenile docket on specific days and assigned the cases to specific judges with experience presiding over children’s proceedings.

The court also shared docket information with nonprofits like New York Law School’s Safe Passage Project, Catholic Charities, Legal Aid, The Door and other Immigrant Child Advocates Relief Effort (ICARE) participants and permitted the organizations to meet with children in empty courtrooms or other spaces.

These provisions enabled children to access free legal counsel because the organizations knew how many unrepresented children would appear at court and when their case would be called. The accommodations also facilitated more efficient courtrooms — especially on days when a judge’s docket includes dozens of cases — because lawyers could prepare their young clients for court and guide them through proceedings.

Gradually, however, the court has scattered children’s proceedings throughout the month and assigned the cases to various judges who are at times unfamiliar with child-friendly practices or special legal provisions granted to children, such as longer filing deadlines, say Krause, Safe Passage Project Director Lenni Benson, Catholic Charities Supervising Attorney Jodi Ziesemer and The Door’s Director of Legal Services Eve Stotland.

The court has even prevented the nonprofit organizations from screening children inside empty courtrooms or other spaces throughout the building, the four attorneys say.

. . . .

 

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Read the complete article at the link.

This is the “New EOIR,” where “customer service” has become a dirty word!  Anti-Due Process, Anti-Child, Anti-Lawyer, Anti-Asylum, ungrateful to those who are trying against all odds to provide fair hearings to those caught up in our totally screwed up and grotesquely mal-administered Immigration Courts.

EOIR has basically come “full circle.” Unfortunately, it now replicates some of the worst features of the “Legacy INS’s” administration of the courts that led to the creation of EOIR in the first place.

One long-time pro bono stalwart told me she actually had tears of rage in her eyes over the disrespectful treatment she and her colleagues received while trying to provide pro bono assistance at one local Immigration Court. “I’ve been doing this for years. It’s in addition to my other two full-time jobs. It costs me money to provide pro bono. Now this — no cooperation, no appreciation. I’m trying to help EOIR avoid gross injustices. And, they just put BS bureaucratic roadblocks in the way. I’m so angry!”

We need an independent, Due-Process-focused Article I U.S. Immigration Court!

PWS

01-21-18

 

 

 

Related posts:

  1. NEW EOIR MEMO ENCOURAGES IMMIGRATION JUDGES TO DUMP ON UNACCOMPANIED CHILDREN (“UACS”) – “When In Doubt, Kick ‘em Out” New Motto Of Gonzo’s “Captive Courts!” — We’ve Come A Long Way From “Guaranteeing Fairness And Due Process For All” In A Short Time!
  2. GONZO’S WORLD: THE HILL: Professor Lindsay Muir Harris — Using REAL Data & Facts — Rips Apart Sessions’s “Ignorant” (& TOTALLY INAPPROPRIATE) Anti-Asylum Speech To EOIR!
  3. MORE ARTICLES FEATURE “GANG OF RETIRED JUDGES’ STATEMENT” RE: SESSIONS’S OUTRAGEOUS ATTACK ON SETTLED PRINCIPLES OF PROTECTION LAW! — Media Exposing Corrupt, Inherently Unfair, Biased “Court” System Where The Prejudiced Prosecutor “Cooks” The Results to His Liking! — Jeff Sessions Degrades The American Legal System & Our National Values Each Day He Remains In Office!
  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 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

THE GIBSON REPORT — 02-12-18 — COMPILED BY ELIZABETH GIBSON ESQ, NEW YORK LEGAL ASSISTANCE GROUP

GIBSON REPORT — 02-12-18

HEADLINES:

TOP UPDATES

 

Bitter immigration fight is no closer to ending after budget deal passes

CNBC: Senate Majority Leader Mitch McConnell is set to fulfill his promise to open debate on an immigration bill next week, but crafting a plan that can pass both chambers of Congress and appease President Donald Trump is no easy task.

 

Applicant Arrested at Asylum Interview

Caleb Arring: I am an immigration attorney in San Francisco. Today my client was ARRESTED BY ICE AT HIS ASYLUM INTERVIEW for no apparent reason. He has no criminal history, no arrests, no prior orders of removal, no red flags. The only thing that could be remotely considered a red flag is that he is from Sudan, one of the countries on the original travel ban list. I am trying to get the word out about this. I can be contacted at caleb.arring@gmail.com.

 

ICE Issues Guidance on Enforcement at Courthouses

AIC: After a significant increase in arrests outside of courthouses in 2017, Immigration and Customs Enforcement (ICE) has finally released new guidance that officially gives its agents permission to conduct civil immigration enforcement at courthouses.

 

Advocates walk out of Bronx Courthouse after another Courthouse arrest

NY Post: An immigrant brought to the US when he was just 3 years old was arrested outside a Bronx courthouse Thursday by ICE officers who said he was in the country illegally.

 

Trump’s draft plan to expand the definition of public charge

Vox: The Trump administration is working on new rules that would allow the government to keep immigrants from settling in the US, or even keep them from extending their stays, if their families had used a broad swath of local, state, or federal social services to which they’re legally entitled — even enrolling their US-born children in Head Start or the Children’s Health Insurance Program (CHIP). See attached draft and talking points. See also State Department redefines public charge standard.

 

Trump directive establishes new immigration vetting center

Politico: President Donald Trump signed a national security memorandum on Tuesday establishing a vetting center aimed at improving the screening process of those who want to enter the U.S. See also Secretary Kirstjen M. Nielsen Statement on the National Vetting Center.

 

VAWA & SIJS Email Hotlines No Longer Operational

NYIC: The VAWA and SIJS email hotlines are no longer operational at the local offices. VSC has a VAWA hotline that can still be used.  For any questions on specific cases at the local office, the appropriate Field Office Director should be contacted. This change is due to the fact that operating such hotlines across the four offices that now make up the New York District was too difficult.

 

Admin Closure v. Status Docket

LSSNY: I had a MC before judge Kolbe this morning where I asked for (via written motion addressing the objections DHS has been making) and got admin closure instead of status docket for an approved 360. I’m sure there would’ve been more hesitance from IJ if it was just a pending 360 but ICE still objected saying they object to a/c unless they see a filed 485.

 

DHS Acting Press Secretary Statement on January Border Apprehension Numbers

DHS: The administration will continue to work with Congress to pass its responsible, fair and pro-American immigration framework that provides funding for the border wall system, ends chain migration and the diversity visa lottery, and creates a permanent solution for DACA.

 

Foreign Policy Obtains Draft Report Calling for Long-Term Surveillance of Sunni Muslim Immigrants

This draft report, produced at the request of CBP, obtained by Foreign Policy, looks at 25 terrorist attacks in the United States between October 2001 and December 2017, and called on authorities to continuously vet Sunni Muslim immigrants deemed to have “at-risk” demographic profiles. AILA Doc. No. 18020803

 

LITIGATION/CASELAW

 

ICE Is Targeting Political Opponents For Deportation, Ravi Ragbir And Rights Groups Say In Court

Intercept: U.S. IMmigration And Customs Enforcement is unconstitutionally using its power to suppress political dissent by targeting outspoken immigration activists for surveillance and deportation, according to allegations in a federal lawsuit filed on Friday by immigration rights groups.

 

Litigation Updates from HoldCBPAccountable (ACLU, AIC, NIRP)

  • In Doe, et al v. Kelly, the Ninth Circuit upheld the lower court’s preliminary injunction in its entirety, rejecting the government’s argument that the Tucson Sector Border Patrol should not be required to provide detainees with clean bedding and an opportunity to wash themselves and to ensure that each detainee was given basic medical screening.
  • In John Doe and Jane Roe v. United States, an FTCA claim seeking damages following abusive conditions in an hielera (CBP short-term detention facilities), the District Court denied the Defendants’ motion to dismiss and the case was later resolved by the parties.
  • In Serrano v. CBP, the Institute for Justice brought class action litigation challenging CBP’s practice of seizing U.S. citizens’ property without holding prompt post-seizure civil forfeiture hearings at which the owners can challenge CBP’s actions.
  • In Alasaad v. Duke, the Electronic Frontier Foundation and the ACLU brought suit against CBP’s practice of seizing electronic devices at the border without a warrant or even probable cause.
  • In Wilwal v. Kelly, the ACLU brought suit challenging CBP’s abusive detention of a Muslim-American family at the U.S.-Canada border, as well as one family member’s erroneous placement on a terrorism watchlist.

 

BIA Finds Residential Burglary Is Not a CIMT

Unpublished BIA decision holds that residential burglary under Cal. Penal Code 459 is not a CIMT. Special thanks to IRAC. (Matter of Delgadillo Armas, 4/27/17) AILA Doc. No. 18020934

 

BIA Finds Identity Theft Not a CIMT

Unpublished BIA decision holds that identity theft under 18 Pennsylvania Consolidated Statutes 4120(a) is not a CIMT because it does not require a specific intent to defraud or deceive. Special thanks to IRAC. (Matter of Benka Coker, 4/28/17) AILA Doc. No. 18020933

 

BIA Holds Grand Theft by Labor Not an Aggravated Felony

Unpublished BIA decision holds that grand theft by embezzlement under Cal. Penal Code 487 is not an aggravated felony theft offense because it criminalizes theft of labor and services and theft by false pretenses. Special thanks to IRAC. (Matter of S-D-, 4/26/17) AILA Doc. No. 18020535

 

 

CA1 Upholds Denial of Withholding of Removal and CAT Protection to Honduran Petitioner

The court denied the petition for review, finding, among other things, that the evidence did not compel a finding that the petitioner established a nexus between his alleged past persecution or any likely future persecution and his family membership. (Ruiz-Escobar v. Sessions, 2/2/18) AILA Doc. No. 18020900

 

CA5 Partially Dismisses and Partially Denies Petition for Review of BIA’s Denial of Motion to Reopen

The court partially dismissed the petition for lack of jurisdiction and partially denied the petition, finding that the petitioner’s claim that the BIA violated his due process rights was unavailing. (Mejia v. Sessions, 2/2/18) AILA Doc. No. 18020932

 

CA5 Finds Plaintiff Could Not Prove United States Citizenship

The court concluded that the plaintiff, born in 1969 in Mexico, could not meet the requirements to prove United States citizenship because he could not show that he was legitimated by his United States citizen father before the plaintiff turned 21. (Gonzalez-Segura v. Sessions, 2/6/18) AILA Doc. No. 18020931

 

CA5 Denies Petition for Review Where Petitioner 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. (Rodriguez Vazquez v. Sessions, 2/1/18) AILA Doc. No. 18020937

 

CA7 Finds Salvadoran Petitioner Did Not Establish Nexus Between Fear of Harm and a Familial Relationship

The court denied the petition for review, holding that the petitioner did not establish a nexus between her fear of harm by gang members and a familial relationship and that the harm was motivated by the gang’s desire to extort money from her. (Villalta-Martinez v. Sessions, 2/7/18) AILA Doc. No. 18020901

 

CA7 Finds Petitioner’s Indiana Conviction for Attempted Sexual Misconduct with a Minor to Be An Aggravated Felony

The court found that the petitioner’s conviction for attempted sexual misconduct with a minor under Indiana Code §35-42-4-9(a) was an aggravated felony under INA §101(a)(43)(A). (Correa-Diaz v. Sessions, 1/31/18) AILA Doc. No. 18020941

 

ACTIONS

 

  • AILA: Call for Examples: Compelling Family Immigration Stories

 

RESOURCES

 

(In-person) Tax Prep Options

  • The Financial Clinic operates 4 in-person Tax Clinics in Brooklyn, LES, East Harlem, and the Bronx. Schedule online at https://taxesatclinic.youcanbook.me/ or by calling (212) 505-3482. Walk-ins are also welcome at most sites, but t make an appointment to avoid longer wait times.
  • If none of those locations are convenient, you can find all NYC Free Tax Prep VITA locations here: http://www1.nyc.gov/assets/dca/TaxMap/
  • For ITIN Certification sites, use the Tax Map and check the box for “I am applying for an Individual Taxpayer Identification Number” to search these sites.
  • IRS Volunteer Income Tax Assistance (VITA) Tax Preparation is free for anyone who earned less than $54,000 in 2017
  • ITIN applications and renewals must be done in-person. Applicants should bring their current passport and/or visa. See below for in-person VITA sites.

Filing Online

  • Turbo Tax Freedom Edition if you earned $33,000 or less in 2017.
  • com if you earned $66,000 or less in 2017.

Other

  • Legal Aid will show you how to find out if you’re in NYPD’s gang database
  • HRF: credible fear and fraud safeguards factsheet (updated)
  • HRF: immigration court appearance rates factsheet (updated)
  • HRF: Asylum Myth v. Fact
  • HRF Asylum flowcharts (attached)
  • Free English Classes in Sunset Park (attached)
  • AIC: Motions to reopen practice advisory
  • AILA: Bite-Sized Ethics: Final Orders, Enforcement Priorities, and Moving to Evade Arrest
  • AILA: Asylum Cases on Credibility
  • AILA: Asylum Cases on One-Year Filing Deadline
  • AILA: Asylum Cases on Political Opinion
  • AILA: Crossing State Lines: A Practical Guide for Immigration Lawyers When Volunteering Their Services Out-of-State

 

EVENTS

 

  • 2/13/18Pointers for Success at Points of Entry on the Northern Border
  • 2/17/18Real People. Real Lives. Women Immigrants of New York at Queens Museum
  • 2/18/18Black History Month 2018 Race and Immigration Film Series
  • 2/21/1 Register for a Free Habeas Corpus Nuts and Bolts Webinar
  • 2/23/182018 Immigration and Asylum Law Conference (Federal Bar Association and New York Law School)
  • 2/26/18New Sanctuary Coalition ACCOMPANIMENT TRAINING John Bowne H.S.
  • 2/27/18Non-Court Removal Orders: Expedited, Stipulated, Reinstated, Oh My!
  • 3/1/18 Race and Immigration in the Age of Trump
  • 3/14/18Reopening Cases for Justice: Basic Rules and Advanced Strategies for Motions to Reopen in Immigration Cases 
  • 4/12/18AILA 2018 Removal Defense Conference and Webcast
  • 4/30/18 Working with Immigrants: The Intersection of Basic Immigration, Housing, and Domestic Violence Issues in California 2018 (Free)
  • 6/20/18 Leadership and Advocacy Training (LAT)intended for emerging advocates from Southeast Asian American and ally communities to learn how to advocate effectively for policy change – Apply by February 28
  • 7/1-3/18 National Institute for Trial Advocacy & CLINIC Training in Boulder, CO
  • 7/26/18 Defending Immigration Removal Proceedings 2018

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As always, thanks, Elizabeth!

PWS

02-14-18

 

Related posts:

  1. THE GIBSON REPORT — 02-05-18 — COMPILED BY ELIZABETH GIBSON ESQ, NY LEGAL ASSISTANCE PROJECT
  2. 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!
  3. THE GIBSON REPORT – 02-10-20 – Compiled by Elizabeth Gibson, Esquire, NY Legal Assistance Group: Deporting to Death; “Orbiting” Immigrants to Laos; “Judges” Failing To Meet Deportation Quotas;  ICE Shoots Man in the Face; Using Force In the Gulag; Federal Judge Outs Regime’s Scofflaw Detainers As Regime Inflicts Arbitrary Punishment on New Yorkers for Resisting Overreach; BIA Tanks Again; EOIR Ups “Aimless Docket Reshuffling;” & Other Tales of Abuse From White Nationalist Nation!
  4. 🇺🇸THE GIBSON REPORT — 11-02-20 — Prepared By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Trump/Miller Bogus Public Charge Rule Enjoined Again; CBP Turns Back More Than 13,000 Unaccompanied Kids Using COVID-19 As Cover For Child Abuse; John Oliver With The Incredibly Ugly 🤮 Truth About The Trump-Miller Racist Assault On Asylum & Humanity ☠️⚰️— Other News From America Teetering On The Brink After 4-Years Of Trump Regime Misrule, Cruelty, Corruption, & Undermining Of Democracy!🏴‍☠️

THE GIBSON REPORT — 02-05-18 — COMPILED BY ELIZABETH GIBSON ESQ, NY LEGAL ASSISTANCE PROJECT

02-05-18 – Gibson Report

HEADLNES:

“TOP UPDATES

Changes to Asylum Interview Scheduling

USCIS: seeks to deter those who might try to use the existing backlog as a means to obtain employment authorization.

USCIS will follow these priorities when scheduling affirmative asylum interviews:

  1. Applications that were scheduled for an interview, but the interview had to be rescheduled at the applicant’s request or the needs of USCIS;
  2. Applications pending 21 days or less since filing; and
  3. All other pending applications, starting with newer filings and working back toward older filings.

Additionally, the Affirmative Asylum Bulletin issued by USCIS has been discontinued.

  • Note:  When this policy has trapped pending cases in an infinite backlog in the past, mandamus actions were often used to get cases scheduled

 

ICE is about to start tracking license plates across the US

The Verge: The Immigration and Customs Enforcement (ICE) agency has officially gained agency-wide access to a nationwide license plate recognition database, according to a contract finalized earlier this month. The system gives the agency access to billions of license plate records and new powers of real-time location tracking, raising significant concerns from civil libertarians.

 

Extension of Syrian TPS

USCIS: Secretary Nielsen determined that the ongoing armed conflict and extraordinary conditions that support Syria’s designation for TPS continue to exist. Therefore, pursuant to the statute she has extended Syria’s TPS designation for 18 months.

 

ICE Releases Directive on Civil Immigration Enforcement Actions Inside Courthouses

ICE publishes its policy on civil immigration enforcement actions inside federal, state, and local courthouses, stating that this activity is “wholly consistent with longstanding law enforcement practices, nationwide…. often necessitated by the unwillingness of jurisdictions to cooperate with ICE….” AILA Doc. No. 18013140.

 

Immigration Legislation Attempts

 

DHS Announces Additional Security Procedures for Refugees Seeking Resettlement in the U.S.

DHS announced additional security enhancements and recommendations for the U.S. Refugee Admissions Program (USRAP), including additional screening for certain nationals from high-risk countries, administering the USRAP in a more “risk-based manner,” and periodic review. AILA Doc. No. 18013001

 

LITIGATION/CASELAW

 

Judge Orders Immediate Release of an Immigrant Rights Activist

The District Court of the Southern District of New York granted a petition for habeas corpus and ordered that the petitioner be immediately released from custody so that he can say goodbye prior to removal. (Ragbir v. Sessions, 1/29/18). AILA Doc. No. 18020137

 

BIA Narrows Definition of “Admitted In Any Status” for Cancellation of Removal Purposes

The BIA held that, outside the Fifth and Ninth Circuits, to establish continuous residence after having been “admitted in any status” for cancellation of removal, an individual must be admitted in lawful immigration status. Matter of Castillo Angulo, 27 I&N Dec. 194 (BIA 2018). AILA Doc. No. 18013031

 

BIA Orders Respondent Detained without Bond Due to DUIs

The BIA vacated the IJ’s decision to set a $25,000 bond and ordered detention without bond, after finding that the respondent did not meet his burden to show that he was not a danger to the community due to multiple convictions for DUIs. Matter of Siniauskas, 27 I&N Dec. 207 (BIA 2018). AILA Doc. No. 18020239

 

BIA Holds Leaving Scene of Accident Not a CIMT

Unpublished BIA decision holds that leaving the scene of an accident under Cal. Veh. Code 20001(a) is not a CIMT because it criminalizes mere failure to provide all forms of identification. Special thanks to IRAC. (Matter of Khan, 4/26/17) AILA Doc. No. 18020203

 

BIA Finds Possession of Cocaine with Intent to Manufacture or Deliver Not an Aggravated Felony

Unpublished BIA decision holds possession of cocaine with intent to manufacture or deliver under Fla. Stat. 893.13 is not an aggravated felony because neither offense requires unlawful trading or dealing. Special thanks to IRAC. (Matter of Christie, 4/26/17). AILA Doc. No. 18013042

 

CA1 Upholds Denial of Asylum Due to Failure to Show Membership in a Cognizable Social Group

The court denied the petition for review, finding that the petitioner’s proffered social group was insufficiently particular and also failed the social distinctiveness requirement. (Perez-Rabanales v. Sessions, 1/26/18). AILA Doc. No. 18013135

 

CA3 Holds That a Conviction for Georgia Forgery Is an Aggravated Felony

The court denied the petitions for review, holding that a conviction under Georgia’s forgery statute constitutes an offense “relating to” forgery that falls under INA §101(a)(43)(R), making the petitioner subject to removal as an aggravated felon. (Williams v. Att’y Gen., 1/19/18). AILA Doc. No. 18013132

 

CA5 Holds That Petitioner’s PTSD Did Not Have to Be Considered in Determining His Credibility

The court denied the petition for review, holding that Matter of J-R-R-A- did not apply despite the petitioner’s PTSD diagnosis and deferring to the determinations of the IJ and the BIA that his testimony was not credible. (Singh v. Sessions, 1/23/18). AILA Doc. No. 18013134

 

CA7 Upholds Decision That Petitioner from Kyrgyzstan Did Not Prove Eligibility for Asylum

The court denied the petition for review, holding that the IJ and the BIA did not err in concluding that the petitioner’s persecution was not connected to membership in a particular social group of persons associated with a particular political family. (Zhakypbaev v. Sessions, 1/26/18). AILA Doc. No. 18020134

 

CA7 Holds That IJ and BIA Did Not Err in Applying “Substantial Risk of Torture” Standard for Eligibility for CAT Relief

The court denied the petition for review, finding that in asking whether the petitioner faced a “substantial risk of torture,” the IJ and the BIA did not misunderstand the burden an individual faces when seeking relief under the Convention Against Torture. (Perez-Montes v. Sessions, 1/24/18). AILA Doc. No. 18020132

 

CA9 Finds No Right to Court-Appointed Counsel for Minors in Immigration Proceedings

The court denied the petition for review, holding that there is no categorical right to court-appointed counsel at government expense for minors in immigration proceedings, under either the Due Process Clause or the INA. (C.J.L.G. v. Sessions, 1/29/18). AILA Doc. No. 18013036

 

CA9 Holds That California Carjacking Is Not a Crime of Violence

The court held that a conviction for carjacking under California Penal Code §215(a) is not a crime of violence under INA §101(a)(43)(F), but remanded to the BIA on the issue of whether the petitioner’s conviction was a theft offense under §101(a)(43)(G). (Solorio-Ruiz v. Sessions, 1/29/18). AILA Doc. No. 18020135

 

CA11 Holds Battery of a Child Under Fla. Stat. §784.085 to Be a Crime of Child Abuse and a CIMT

The court held that a battery of a child conviction under Florida Statute §784.085 is categorically a crime of child abuse and a crime involving moral turpitude (CIMT). (Pierre v. Attorney General, 1/18/18). AILA Doc. No. 18020260

 

Texas and Other States File Amicus Brief Challenging Injunction Against DACA Rescission

Texas and several other states filed an amicus brief with the Supreme Court arguing that the Court should reverse the district court’s 1/9/18 order enjoining the rescission of the DACA program. (DHS v. Regents of the University of California, 1/25/18) AILA Doc. No. 17091102

 

ACTIONS

 

 

RESOURCES

 

 

EVENTS

 

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

PWS

02-05-18

Related posts:

  1. THE GIBSON REPORT FOR 12-18-17 – RECOGNIZING: The Absolutely Amazing ELIZABETH GIBSON Of The NY Legal Assistance Group and ALL She Does For Fairness, Justice, & Due Process! — MAKING A DIFFERENCE IN THE LIVES OF OUR MOST VULNERABLE!
  2. THE GIBSON REPORT — 11-27-17
  3. HOW “AMERICA’S KILLER COURTS” PROMOTE “CRIMES AGAINST HUMANITY” — HUMAN RIGHTS WATCH: TRUMP & HIS WHITE NATIONALIST SYCOPHANTS & TOADIES TOUT LAWLESS POLICIES THAT VIOLATE LEGAL OBLIGATIONS & HELP KILL, RAPE, TORTURE THOSE RETURNED TO EL SALVADOR — Supremes & Article III Judiciary Complicit In Gross Human Rights Violations! 
  4. COMPLICITY HAS COSTS:  Article III Judges’ Association Apparently Worries That Trump, Barr, GOP Toadies Starting To “Treat Them Like Immigration Judges” — Do They Fear Descent To Status Of Mere Refugees, Immigrants, “Dreamers,” Unaccompanied Children, Or Others Treated As “Less Than Persons” By Trump, 5th Cir., 11th Cir., 9th Cir., & The Supremes’ “J.R. Five?” 

THE GIBSON REPORT – 01-29-18 – COMPILED BY ELIZABETH GIBSON, ESQ.

THE GIBSON REPORT – 01

HEADLINES:

TOP UPDATES

 

Trump’s Immigration Legislative Proposal

Keep in mind that this is just one of many, many proposals on the negotiating table.

Policies Included in Trump proposal:

  • DACA: 10-12 year path to citizenship
  • Eliminate Lottery
  • Policies that prioritize family members to spouses and minor children only
  • $25 billion trust fund for the border wall
  • Also implies changes to parole, bond, the credible fear standard, TVPRA, Flores, the Criminal Alien Gang Member Removal Act, visa overstays, and possibly safe third country.

 

Immigration tops the list of issues for Trump’s first State of the Union

CNN: President Donald Trump will pitch his controversial immigration plan during his first State of the Union address on Tuesday night, a senior administration official tells CNN, hoping to use the unfiltered, high-profile speech to convince skeptical members of both parties that the proposal the White House rolled out Thursday is a compromise worthy of their support.

 

DACA Recipients will Remain Eligible for State Medicaid in NYC

Gov’s Office: Governor Andrew M. Cuomo today announced that recipients of the Deferred Action for Childhood Arrivals policy will remain eligible for state-funded Medicaid, regardless of any federal changes to or termination of the program. Information for Medicaid-eligible DACA Recipients Available Here.

 

DOJ Demands Documents and Threatens to Subpoena 23 Jurisdictions As Part of 8 U.S.C. 1373 Compliance Review

DOJ sent letters to 23 jurisdictions, demanding the production of documents that could show whether each jurisdiction is restricting information sharing. The letters also state that recipient jurisdictions that fail to respond will be subject to a DOJ subpoena. AILA Doc. No. 18012435

 

Shifting Gears, Trump Administration Launches High-Profile Worksite Enforcement Operations

MPI: In January 2018, the Trump administration carried out its largest immigration action yet against a U.S. employer, with hundreds of federal immigration agents descending upon 98 stores in the 7-Eleven chain in 17 states and the District of Columbia… While few immigrants were arrested, the highly visible action—targeting a chain of convenience stores known for their presence in working-class and immigrant communities—sends a clear message that the workplace is not free from immigration enforcement. And it may also signal a major shift in worksite enforcement policy from the previous administration.

 

ICE Targets Immigrant Rights Activists for Deportation

Intercept: The events in New York are taking place against a national backdrop of escalating actions against prominent immigrant rights figures.

 

Hispanics forgo health services to avoid officials’ attention, advocates say

WaPo: The trend stabilized a bit as the year went on, but it remains clear that the increasingly polarized immigration debate is having a chilling effect on Hispanic participation in health-care programs, particularly during the enrollment season that ended in December.

 

TRAC Report: Hot Spots with Highest Growth in Immigration Court Backlog

TRAC: Three New York metropolitan counties – Queens, Kings (Brooklyn), and Suffolk (eastern Long Island) – placed third, fourth, and fifth, respectively, in the sheer number of residents with pending Immigration Court cases. The growth rate of their pending cases between May 31, 2017 and December 31, 2017 ranged between 6 and 8 percent.

 

DOJ Limits Use of Agency Guidance Documents in Affirmative Civil Enforcement Cases

DOJ issued a memo stating that for affirmative civil enforcement cases, it may not use its enforcement authority to convert agency guidance documents into binding rules. Noncompliance with guidance documents may not be used as a basis for proving violations of applicable law in these cases. AILA Doc. No. 18012637.

 

 

LITIGATION/CASELAW

 

Supreme Court agrees to speed up Trump’s DACA appeal

USA Today: By setting up a fast track for both sides to submit court papers, the high court likely will consider the Justice Department’s request at its Feb. 16 conference. If it decides to take the case, it could hear arguments in the spring.

 

Lawsuit Against DHS on Haitian TPS

NAACP: The U.S. Department of Homeland Security’s decision to rescind the Temporary Protective Status (TPS) designation for Haitian immigrants discriminates against immigrants of color, in violation of the Fifth Amendment, according to a new lawsuit filed today on behalf of the National Association for the Advancement of Colored People (NAACP) by the NAACP Legal Defense and Educational Fund (LDF) in the U.S. District Court for the District of Maryland.

 

BIA Upholds Bond Based on Materially Changed Circumstances

Unpublished BIA decision upholds grant of bond based on materially changed circumstances where respondent attended rehabilitation meetings after DUI conviction and wife provided assurances that she would drive respondent. Special thanks to IRAC. (Matter of M-R-R-A-, 4/25/17) AILA Doc. No. 18012632

 

CA7 Finds Lack of Jurisdiction to Review USCIS Action in Religious Worker Case

The court affirmed the district court’s dismissal of the appellees’ complaint regarding USCIS’s denial of a Form I-485 and revocation of its initial approval of a Form I-360 for a religious worker due to lack of jurisdiction. (Bultasa Buddhist Temple of Chicago v. Nielsen, 12/22/17) AILA Doc. No. 18012300

 

CA7 Holds BIA Did Not Err in Granting Motion to Remand on Frivolous Asylum Application Issue

The court found that the BIA did not procedurally err in granting DHS’s motion to remand to the IJ for reconsideration of whether the petitioner, an Iranian national who did not disclose her Norwegian citizenship, had filed a frivolous asylum application. (Shojaeddini v. Sessions, 1/11/18) AILA Doc. No. 18012333

 

CA7 Denies Motion for Stay of Removal for Bisexual Citizen of Jamaica

The court denied the petitioner’s motion for a stay of removal pending the court’s consideration of his petition for review because the BIA’s decision on a motion to reopen “is discretionary and unreviewable.” (Fuller v. Sessions, 1/8/18) AILA Doc. No. 18012361

 

CA8 Denies Petition for Review of Eligibility of Follower of Santa Muerte for Withholding and CAT Protection

The court denied the petition for review, holding that substantial evidence supported the finding that the petitioner failed to establish either a sufficient nexus between his faith and his mistreatment or a likelihood of torture if removed. (Garcia-Moctezuma v. Sessions, 1/11/18) AILA Doc. No. 18012332

 

CA8 Upholds Denial of Asylum to Ethiopian Petitioner

The court upheld the BIA’s denial of asylum to an Ethiopian petitioner who spoke out against a government massacre, finding that the facts did not compel a finding of past persecution based on political opinion or a well-founded fear of future persecution. (Baltti v. Sessions, 12/19/17) AILA Doc. No. 18012336

 

CA8 Finds Petitioner’s Minnesota Misdemeanor Domestic Assault Conviction to Be a Crime of Domestic Violence

The court denied the petition for review, finding that the petitioner’s Minnesota misdemeanor domestic assault conviction was a crime of domestic violence under INA §237(a)(2)(E)(i) that rendered him ineligible for cancellation of removal. (Onduso v. Sessions, 12/20/17) AILA Doc. No. 18012434

 

CA9 Denies Petitioner’s Due Process Claim Based on Denial of Counsel During Administrative Removal Proceedings

The court held that the petitioner’s due process claim based on denial of the right to counsel during his initial interaction with DHS during administrative removal proceedings failed because he made no showing of prejudice. (Gomez-Velazco v. Sessions, 1/10/18) AILA Doc. No. 18012431

 

CA9 Terminates Removal Proceedings Against Petitioner Convicted of Drug Conspiracy in Nevada

The court granted the petition for review and terminated the removal proceedings against the petitioner, holding that Nevada Revised Statutes §199.480 and §454.351 are not categorical matches to the generic federal statutes. (Villavicencio v. Sessions, 1/5/18) AILA Doc. No. 18012400

 

CA9 Holds That Adam Walsh Act Applies to Petitions Filed Before Its Effective Date

The court held that the Adam Walsh Act applies to I-130 petitions that were filed, but not yet adjudicated, before its effective date. (Gebhardt v. Nielsen, 1/9/18) AILA Doc. No. 18012436

 

CA9 Affirms District Court’s Preliminary Injunction Ordering CBP to Improve Conditions in Holding Cells

The court affirmed the preliminary injunction issued on 11/18/16 by the U.S. District Court for the District of Arizona that ordered CBP to take certain steps to improve conditions in its holding facilities within the Tucson Sector. (Doe v. Kelly, 12/22/17) AILA Doc. No. 18012437

 

 

ACTIONS

 

·         Call for Examples: Asylum Applicants denied cash assistance:  NYLAG’s Abby Biberman: Can you please let me know if you have clients who are asylum applicants with work authorization who were denied Cash Assistance after the 17 TA/DC-047 https://otda.ny.gov/policy/gis/2017/17DC047.pdf policy was issued on Nov 21, 2017?  If yes, did they receive the old CNS notice that doesn’t include this group?

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

PWS

01-29-18

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 01-22-18 – Compiled by Elizabeth Gibson, Esq., NY Legal Assistance Group

THE GIBSON REPORT 01-22-18

TOP UPDATES

 

“Shutdown

Here’s the general practice alert from AILA. In summary:

  • EOIR:  Varick is open, 26 Fed is not. Clerks have stated that there will be no morning or afternoon non-detained hearings today.
  • OCC: Until Congress passes an appropriations bill, the Office of Chief Counsel New York will only be receiving and processing mail for detained cases at Varick Street and ICE Hudson Valley.  The filing window at 26 Federal Plaza will be closed.  You may continue to file documents for the non-detained docket via eService.  However, those documents will not be processed until after we return to normal operations.
  • USCIS: Fee-funded activities remain open. A few specific exceptions are listed here.
  • Asylum Offices: Open for business as usual.
  • CBP: Open for business as usual with a few exceptions.
  • DOL: will  cease receiving and processing applications during the shutdown
  • DOS: scheduled passport and visa services in the United States and overseas will continue

 

DACA

  • Who Can File For Renewal Right Now:

o   DACA EXPIRED 9/5/2016 OR LATER (this is 2016 and not 2017)

o   IN CURRENT DACA STATUS – the USCIS website says if your DACA is valid beyond 3/5/2018 you cannot file for renewal, but the legal community is pretty much in agreement that this is an error and that anyone with current DACA status can file for renewal now regardless of expiration date

  • Who Can File An Initial DACA Application Right Now:

o   Individuals who had DACA previously, but it expired before 9/5/2016

  • No First Time Initial DACA Applications Are Being Accepted.  If someone has never had DACA before they cannot file for the first time now.
  • BUT: Keep in mind that this can all change any day given appeal to SCOTUS.

 

TPS

  • Haiti;

o   Termination of the Designation of Haiti for Temporary Protected Status

o   USCIS Announces Re-Registration Period Now Open for Haitians with TPS

o   USCIS Guidance: Automatic Employment Authorization Document (EAD) Extension (Haiti)

o   Practice Alert: USCIS Extends TPS and EADs for Haitians Whose Applications Remain Unadjudicated

o   DOJ Information on EADs for TPS Haiti

  • El Salvador:

o   Termination of the Designation of El Salvador for Temporary Protected Status

o   USCIS Announces Re-Registration Period Now Open for Salvadorans with TPS

o   DOJ Information on EADs for TPS El Salvador

  • Emergency Advance Parole for TPS is being denied at 26 FP: Legal Aid: TPS recipient from El Salvador, whose mother just passed away was denied for emergency advance parole at 26 FP this morning. He was charged the full fee. They asked him how he entered the country. It seems like they are trying to prevent people from curing their entries.

 

EOIR Updates its Case Priorities and Immigration Court Performance Measures Guidance

EOIR issued a memorandum, that is effective immediately, and applies prospectively to all new cases filed and to all immigration court cases reopened, recalendared, or remanded, and rescinds all other prior memoranda establishing case processing or docketing priorities. AILA Doc. No. 18011834

 

EOIR Releases OPPM on Change of Venue Requests

EOIR released Operating Policies and Procedures Memorandum 18-01, Change of Venue, stating that every Immigration Judge is required to ensure that “good cause has been shown” before granting a motion for change of venue. This OPPM replaces OPPM 01-02. AILA Doc. No. 18011733. [The memo also suggests that pleadings, removability, and types of relief be settled prior to change of venue from a detained court to a non-detained court and that the first appearance in non-detained court after such a motion be an individual hearing.]

 

Possible changes for UACs

KIND: L.A. asylum office is letting folks know there will be a few policy implemented for UACs in the next few weeks. The new policy will be to deny UAC jurisdiction for cases in which:

1)      The child is over 18 years old,

2)      The child has reunified with one or both parents, and

3)      The child now has a legal guardian.

 

Status Docket

NY Immigration Court is now placing cases on a “status docket” if they having something pending before USCIS. This appears to be in lieu of administrative closure.

 

DHS Opposing Termination for VAWA Adjustments

LSNYC: I recently filed a motion to terminate a removal case because my client’s VAWA petition was approved. The IJ denied the motion because of DHS’s opposition. When I appeared at the master last week, the TA told me they’re no longer agreeing to termination where there’s a VAWA approval. Now I’m forced to handle the client’s adjustment before the IJ, albeit in 2020.

 

Public Charge Regs

It is anticipated that a proposed rule will be issued by the President that will expand the definition of public charge, as well as its impact on a client’s inadmissibility or deportability in the US. Although this has been rumored for some time, the administration appears to be getting the ball rolling. There is just conjecture at this time about what the proposed rule will be, but it is expected to be expanded to include not just cash assistance and long term institutionalized health, but also food stamps, medicaid, head start. Also expect that order will aim to go after sponsors for reimbursement, when they sponsored someone who later becomes a public charge.

 

Trump administration’s immigrant-crime hotline releases victims’ personal information

AZ Republic: The release of private information by ICE underscores problems that have surfaced since ICE launched the Victims of Immigration Crime Engagement office, or VOICE, to “serve the needs of crime victims and their families who have been affected by crimes committed by individuals with a nexus to immigration.”

 

Update on Ravi Ragbir

He has been brought to New York from Florida and is now in  in the Orange County Correctional facility. He is awaiting a Jan. 29 hearing. He would be thrilled to get letters. Please send a note to: Ravi Ragbir, ID 2018-00097, Orange County Correctional Facility, 110 Wells Farm Road, Goshen New York, 10924.

 

US border patrol routinely sabotages water left for migrants, report says

The Guardian: United States border patrol agents routinely vandalise containers of water and other supplies left in the Arizona desert for migrants, condemning people to die of thirst in baking temperatures, according to two humanitarian groups.

 

LITIGATION/CASELAW

 

Matter of W-Y-C- & H-O-B-, 27 I&N Dec. 189 (BIA 2018)

(1) An applicant seeking asylum or withholding of removal based on membership in a particular social group must clearly indicate on the record before the Immigration Judge the exact delineation of any proposed particular social group.

(2) The Board of Immigration Appeals generally will not address a newly articulated particular social group that was not advanced before the Immigration Judge.

 

Justices to review travel ban challenge

SCOTUSblog: The Supreme Court will hear oral argument on the challenge to President Donald Trump’s September 24 order, the latest version of what is often known as his “travel ban,” which limited travel from eight countries: Libya, Iran, Somalia, Syria, Yemen, North Korea, Venezuela and Chad. The announcement came in a brief order.

 

Trump administration asks Supreme Court to intervene on DACA

SCOTUSblog: [On Jan. 18] the federal government went to the Supreme Court, asking it to intervene immediately in a legal dispute over whether the Trump administration can end DACA – and to rule on the dispute before the court’s summer recess.

 

CA2 Finds No Federal Subject-Matter Jurisdiction Over Petitioner’s APA Claim

The court found that there was no basis for federal subject-matter jurisdiction over the petitioner’s Administrative Procedure Act (APA) claim challenging USCIS’s denial of jurisdiction over his adjustment of status application. The court found that the APA does not empower courts to set aside agency action where other statutes preclude judicial review and that INA §242(a)(5) is a statute that precludes judicial review of the petitioner’s case. (Singh v. USCIS, 12/22/17) AILA Doc. No. 18011961.

 

CA6 Holds That BIA Abused Its Discretion by Failing to Credit Petitioner’s Evidence

The court held that the BIA abused its discretion in denying the petitioner’s motion to reopen removal proceedings by failing to credit the facts presented by the petitioner’s evidence that showed that she would be singled out for persecution by a Mexican drug cartel based on her family membership. The court also held that the BIA abused its discretion by summarily rejecting the petitioner’s argument that she could not safely relocate to another area in Mexico. (Trujillo Diaz v. Sessions, 1/17/18) AILA Doc. No. 18011937.

 

CA1 Denies Petition for Review, Finding No Plausible Claim of Legal Error

The court denied the petition for review where the IJ had previously found that the petitioner’s testimony was insufficient to support her claim that she entered into the marriage on which her immigration petition had been based in good faith. The court found that there was no plausible claim of legal error, and that the court therefore could not substitute its assessment of the evidence for that of the IJ. The court also found that the BIA’s finding that the petitioner had not demonstrated extreme hardship was supported by substantial evidence. (Gaitu v. Sessions, 12/22/17). AILA Doc. No. 18011847.

 

CA9 Orders Government to Return Individual Removed to Mexico to the United States

the Ninth Circuit issued an order granting the petition for a writ of mandamus, ordering the government to return the petitioner to the United States by 1/16/18 and to provide him with his necessary medications. (Bringas-Rodriguez v. Sessions, 1/12/18). AILA Doc. No. 18011844.

 

CA1 Dismisses Petitions for Review of Denial of Voluntary Departure for Lack of Jurisdiction

The court dismissed the petitions for review of denial of voluntary departure to both members of a married couple, finding that the court lacked jurisdiction to review the immigration judge’s discretionary decision to deny voluntary departure. (De la Cruz Orellana v. Sessions, 12/18/17)

AILA Doc. No. 18011837

 

In lawsuits, same-sex couples say U.S. wrongly denied their children citizenship

WaPo; The lawsuits claim the State Department considers Blixt’s and Dvash-Banks’s children born “out of wedlock,” even though both couples are legally married.

 

ACTIONS

 

o   AILA: Call for Examples: RFEs or Denials Based on More than 12 Months of Practical Training

o   AILA: Call for Examples: Experiences with Waivers for Individuals Impacted by Travel Ban

o   NYCLU Request for declarations: [NYCLU is] working on an amicus brief in pending habeas litigation before the SDNY in which we want to illustrate that detention is not required or necessary to effectuate removal. We are writing to ask for assistance from practitioners from around the country (1) whose clients have received bag and baggage/departure letters, and/or (2) whose clients have gone through particularly traumatic experiences as a result of ICE revoking an order of supervision (e.g.  where a client was suddenly re-detained when they had been planning for an orderly departure or where a client was detained ostensibly on the premise that removal is imminent, only then to sit in detention for weeks). If you have had clients in these situations and are available to complete the attached declaration, please send it to me (jwells@nyclu.org) and the NYU Immigrant Rights Clinic Clinic by the end of Tuesday, January 23, 2018.

o   ACTION ALERT: #SaveTPS for Syria!

o   Take Action: Protect TPS Holders

 

RESOURCES

 

 

EVENTS

 

 

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

Thanks to the amazing Elizabeth, as always!

Although the “shutdown” appears at least temporarily resolved, I find it interesting (and telling) that notwithstanding the supposed “immigration crisis,” the DOJ opted to declare the vast majority of U.S Immigration Courts and U.S. Immigration Judges handling “non-detained” dockets to be “non-essential.”    That would have added many thousands of cases to the backlog caused by “ADR” every day during the shutdown! Also, what a “morale booster” for an already demoralized and dispirited Immigration Court system and its employees!

PWS

01`-22-18

Related posts:

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

THE GIBSON REPORT — 01-16-18

THE GIBSON REPORT—01

HEADLINES:

“TOP UPDATES

 

DACA Renewals Open Again after Judge Enjoins Recession

USCIS: Due to a federal court order, USCIS has resumed accepting requests to renew a grant of deferred action under DACA.  Until further notice, and unless otherwise provided in this guidance, the DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017. (Here’s a good rundown on social media.)

 

TPS

  • El Salvador – The Secretary of Homeland Security announced her determination that termination of the Temporary Protected Status (TPS) designation for El Salvador was required pursuant to the Immigration and Nationality Act. To allow for an orderly transition, she has determined to delay the termination for 18 months. The designation will terminate on Sept. 9, 2019.
  • Haiti – Current TPS is valid through January 22, 2018 next week. On November 20, 2017, Acting Secretary of Homeland Security Elaine Duke announced her decision to terminate the Temporary Protected Status (TPS) designation for Haiti with a delayed effective date of 18 months to allow for an orderly transition before the designation terminates on July 22, 2019. However, USCIS has not yet published additional information on re-registration or EAD renewal.

o   REMINDER: termination of TPS is explicitly listed in regs as an exception to the one-year asylum filing deadline. 8 CFR 1208.4(a)(5)(iv)

  • Syria – TPS is set to expire for Syria on March 31, 2018. Find updates on advocacy efforts here.

 

SCOTUS Grants Cert on Stop-Time Rule Case

SCOTUSblog: Whether, to trigger the stop-time rule by serving a “notice to appear,” the government must “specify” the items listed in the definition of a “notice to appear,” including “[t]he time and place at which the proceedings will be held.”

 

New York Immigrant Activist [Ravi Ragbir] Detained by ICE [and held] in Miami Might Be Deported Today

 

Justice Department Announces Court Order Revoking Naturalized Citizenship, Citing Fingerprint Issue

Rewire: Baljinder Singh, also known as Davinder Singh, is the first casualty of “Operation Janus,” a joint operation by the DOJ and U.S. Citizenship and Immigration Services (USCIS). It appears that because USCIS failed to use fingerprint records effectively, those who have been granted citizenship without proper fingerprint records, meaning before fingerprints were digitized, may now be subject to having their citizenship revoked.

 

Immigration Court Backlog Tops 650,000

ImmProf: According to the latest case-by-case court records, the backlog at the end of November 2017 had reached 658,728, up from 629,051 at the end of September 2017. California leads the country with the largest Immigration Court backlog of 123,217 cases. Texas is second with 103,384 pending cases as of the end of November 2017, followed by New York with 89,489 cases.

 

World Migration Report 2018

IOM: Current estimates are that there are 244 million international migrants globally (or 3.3% of the world’s population).

 

Every immigration proposal in one chart

ImmProf: This chart looks at what is and isn’t in various legislative proposals.

 

Trump is Quietly Swamping Visa Applicants in Extra Paperwork

Quartz: From last January to November, the office issued around 40% more RFEs than in all of 2016, and 65% more than in all of 2015, USCIS data shows.

 

Unpublished BIA Decisions

·         BIA Finds Aggravated Child Abuse Not Sexual Abuse of a Minor

·         BIA Finds Altering Vehicle Document Is Not a CIMT

·         BIA Upholds Bond for Respondent with Two DUI Convictions

·         BIA Holds Iowa Theft Not an Aggravated Felony

·         IJ finds Haitian not firmly resettled in Brazil on remand (attached)

 

ACTIONS

o   ACTION ALERT: #SaveTPS for Syria!

o   Take Action: Protect TPS Holders

 

RESOURCES

 

 

EVENTS

 

 

ImmProf

 

Tuesday, January 16, 2018

Monday, January 15, 2018

Sunday, January 14, 2018

Saturday, January 13, 2018

Friday, January 12, 2018

Thursday, January 11, 2018

Wednesday, January 10, 2018

Tuesday, January 9, 2018

Monday, January 8, 2018

 

AILA NEWS UPDATE

 

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

 

Daily Immigration News Clips – January 12, 2018

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on January 12, 2018

National

Quartz Trump is quietly swamping visa applicants in extra paperwork
By Ana Campoy

New York Times These Claims About ‘Chain Migration’ Are Not Accurate
By Linda Qiu

HuffPost U.S. Warns Tourists Against Mexico Travel While Feds Threaten To Send Immigrants Back
By Willa Frej

CBS News Trump says visa lottery rewards the “worst” immigrants. That’s inaccurate
By Jacqueline Alemany

Reuters U.N. rights office decries Trump’s reported remarks as ‘racist’
By Stephanie Nebehay

Reuters Trump questions taking immigrants from ‘shithole countries’: sources

New York Times From Norway to Haiti, Trump’s Comments Stir Fresh Outrage
By Henrik Pryser Libell and Catherine Porter

New York Times Trump Alarms Lawmakers With Disparaging Words for Haiti and Africa
By Julie Hirschfeld Davis, Sheryl Gay Stolberg, and Thomas Kaplan

The Washington Post Trump attacks protections for immigrants from ‘shithole’ countries in Oval Office meeting
By Josh Dawsey

The Hill Vicente Fox: Trump’s ‘mouth is the foulest s—hole in the world’
By John Bowden

The Hill Blumenthal: Trump’s ‘s—hole’ comment is ‘racism masquerading poorly as immigration policy’
By John Bowden

Roll Call White House Won’t Deny Trump’s Slur About Haiti, African Nations
By John T. Bennett

AP Congress Is Looking For an Elusive Compromise on Immigration after President Trump’s Meeting
By Andrew Taylor and Alan Fram

Reuters Six senators say they have reached immigration deal

Reuters Bipartisan Senate immigration plan draws quick opposition

Reuters White House says immigration deal has not been reached

The Washington Post The president gives another gift to lawyers challenging his immigration orders
By Derek Hawkins

The Washington Post Trump to fight federal injunction protecting ‘dreamers’ from deportation
By Maria Sacchetti, Patricia Sullivan, and Ed O’Keefe

The Washington Post Immigration talks flounder after White House rejects deal and Trump insults foreign countries
By Ed O’Keefe, Erica Werner, and Josh Dawsey

Politico Trump rebuffs Dreamers deal reached by senators
By Seung Min Kim

CNN Trump rejects bipartisan immigration proposal at White House meeting
By Tal Kopan and Lauren Fox

The Hill Pelosi, Dems accuse GOP of moving goal posts on DACA deal
By Mike Lillis

The Hill WH: No deal yet on DACA
By Jordan Fabian

The Hill Trump hits the brakes on Senate immigration deal
By Jordain Carney

NPR ‘Deport Them’: Arpaio Departs From Trump On DACA Recipients
By Anita Kelly and Domenico Montanaro

ABC News The Note: Trump and GOP fenced in by wall, immigration
By Rick Klein

KAZU Website Puts A Face On DACA’s DREAMers
By Krista Alamanzan

AP Honduras next in line for US decision on protected migrants

Reuters Forcing Salvadorans out of U.S. carries twin risks: Red Cross
By Sophie Hares

Vox Thousands of Salvadoran TPS workers clean federal offices. Now their livelihoods are on the line.
By Alexia Fernandez

AP US Resisting Feb. 2 Deadline For Bond Hearings For Iraqis

AP Immigrant stripped of citizenship under federal initiative

AP News of activist’s detention leads to NYC supporter arrests

Wall Street Journal Immigrants Connected to Sanctuary Movement Arrested
By Ian Lovett and Alicia A. Caldwell

Wall Street Journal Immigration Officials Swarm 7-Elevens, Issue Warning to U.S. Businesses
By Alicia A. Caldwell

The Washington Post Another pregnant immigrant teen asks judge to allow access to abortion
By Ann E. Marimow

The Intercept Private Prison Continues to Send ICE Detainees to Solitary Confinement for Refusing Voluntary Labor
By Spencer Woodman

All Africa Somalia: ICE Abused Somalis for 2 Days On a Plane and Now Wants to Send Them Into Harm’s Way
By Amrit Cheng

Reuters Mexico will never pay for Trump wall: Mexican economy minister

Reuters New York charges 17 with numerous crimes, ties to Salvadoran drug gang
By Peter Szekely

New York Daily News Disgraced ex-sheriff Joe Arpaio shares anti-immigration stance: ‘Deport them’
By Denis Slattery

The Week Trevor Noah peeks behind the curtains of Trump’s immigration show
By Peter Weber

MSNBC Rachel Maddow Quoting Frank Sharry (Part 1)

MSNBC Rachel Maddow Quoting Frank Sharry (Part 2)

Bustle What The New DACA Ruling Means For Dreamers & Other Undocumented People
By Madhuri Sathish

Politico Magazine (Opinion) Buy Off Trump With the Wall
By Rich Lowry

New York Times (Op-Ed) John Kasich and Jeb Bush Jr.: A Bad Idea on Immigration
By Governors John Kasich and Jeb Bush Jr.

The Washington Post (Op-Ed) It’s on Republicans to stop a shutdown
By Senator Bernie Sanders

The Hill (Op-Ed) We must take back DACA debate from political predators
By Derek Monson

Local

Seattle Times Washington state regularly gives drivers’ info to immigration authorities; Inslee orders temporary halt
By Nina Shapiro

The National 6,900 Syrians in US face risk of deportation if Trump ends protection
By Joyce Karam

Southampton Patch Advocacy Groups Blast Proposed End Of Protection For Salvadorans
By Lisa Finn

Charlotte Observer Man gets prison, then deportation for stealing data to make IDs for the undocumented
By Joe Marusak

Wall Street Journal N.Y. City Councilmen Arrested as Immigrant Rights Leader Is Detained
By Zolan Kanno-Youngs and Mara Gay

New York Times Council Speaker Calls Police Response ‘Out of Control’
By Wiliam Neuman and Liz Robbins

Cleveland.com Immigration forum to give context to national, regional sanctuary city discussions
By Emily Bamforth

Texas Tribune (Texas) Texas Lt. Gov. Patrick wants AG Paxton to look into San Antonio immigrant smuggling case
By Julian Aguilar

Longview News-Journal (Texas) Petitions urge Gohmert to back DREAM Act
By Glenn Evans

KING5 (Washington) DACA ruling ‘shouldn’t let Congress off hook,’ WA Dreamer says
By Natalie Brand

Miami Herald (Editorial) Stop punishing TPS recipients

San Antonio Express-News (Editorial) Let these Salvadorans stay

Modesto Bee (Editorial) Denham can help Dreamers, if he wants to

Baltimore Sun (Op-Ed) It’s not too late for Congress to pass a DREAM act
By Karen Gonzalez

 

Daily Immigration News Clips – January 11, 2018

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on January 11, 2018

National

New York Times Head-Spinning Days for Young Immigrants as Lawmakers and Judges Debate Their Fate
By Vivian Lee, Caitlyn Dickerson, Sheryl Gay Stolberg

CNN DACA negotiations full steam ahead despite ruling, sources say
By Tal Kopan

The Hill Left fears Democrats will give too much on immigration
By Alexander Bolton and Mike Lillis

The Atlantic What Will the Dreamers Do Now?
By Priscilla Alvarez

The Republic What to know about a federal judge’s order blocking Trump’s decision to end DACA
By Daniel Gonzalez

Reuters U.S. immigration operation targets 7-Eleven stores in 17 states
By Bernie Woodall

The Washington Post Immigration agents target 7-Eleven stores in nationwide sweep
By Nick Miroff

CNN Money ICE immigration officers swoop in on 7-Elevens nationwide
By Julia Horowitz

The Hill Feds raid 7-Eleven stores in immigration bust
By Brett Samuels

Fortune 7-Eleven Stores Targeted In Nationwide Immigration Sweep
By Natasha Bash

AP Trump criticizes federal judge blocking him on immigration
By Alan Fram and Ken Thomas

Reuters How an obscure SCOTUS employment ruling put the brakes on DACA rollback
By Allison Frankel

Reuters Trump blasts DACA ruling, calls U.S. court system ‘broken and unfair’
By Richard Cowan and Mica Rosenberg

New York Times Donald Trump Is Optimistic a Deal Can Be Reached on ‘Dreamers’
By Laura Meckler and Kristina Peterson

New York Times House Republicans’ Hard-Line Immigration Stand Clashes With Trump Overture
By Thomas Kaplan and Sheryl Gay Stolberg

Wall Street Journal Trump Attacks ‘Broken’ Court After Ruling Blocking End to ‘Dreamers’ Program
By Louise Radnofsky and Alicia A. Caldwell

Wall Street Journal Trump’s DACA Overture Worries Immigration Hawks
By Laura Meckler

Wall Street Journal Top Senators Say Judge’s Ruling Won’t Stall Talks on ‘Dreamers’
By Louise Radnofsky and Alicia A. Caldwell

The Washington Post DACA injunction: What a federal judge’s ruling means for ‘dreamers’
By Maria Sacchetti

Politico DACA reinstatement throws lawmakers for a loop
By Seung Min Kim

Politico Democratic leaders face internal mutiny over Dreamers deal
By Heather Caygle and Seung Min Kim

CNN Here are the key players in Congress on immigration
By Ashley Killough and Tal Kopan

CNN Shutdown/DACA state of play: a ‘mess’ with a major twist
By Phil Mattingly

CNN Trump, Republicans face immigration reckoning
By Stephen Collinson and Lauren Fox

CNN What kind of border wall does Trump want? It depends on who’s asking.
By Gergory Kreig

The Hill Ann Coulter torches Trump for immigration meeting
By Max Greenwood

The Hill Bipartisan Senate group ‘close’ on DACA deal
By Jordain Carney

The Hill Trump says DACA ruling reflects ‘broken’ court system
By Jordan Fabian

The Hill Warren: Glad we ‘are moving forward on getting a clean DREAM Act’
By Julia Manchester

The Hill House GOP presses harder-line Goodlatte immigration bill
By Scott Wong and Melanie Zanona

Roll Call Spending, Immigration Talks Entangled
By Lindsey McPherson

McClatchy DC Bureau GOP negotiators say Trump aide Stephen Miller is standing in the way of an immigration deal
By Anita Kumar

Buzzfeed News The Fate Of DACA Recipients May Come Down To Finding A Definition Of “Wall” That Both Parties Can Live With
By Paul McLeod

Fox News Insider Malkin: There Will Be ‘Hell to Pay’ for Trump, GOP If They Cave on Amnesty

NPR Texas Rep. Henry Cuellar On Immigration Policy

CNBC More than 100 CEOs pressure Congress to pass immigration bill by Jan. 19
By Ylan Mui

CNBC Trump DACA compromise would crush Trump’s chances in 2020
By Jake Novak

Bloomberg Politics Trump’s Willingness to Deal on Immigration Adds Urgency to Talks
By Laura Litvan

Vox How the 9th Circuit became conservatives’ least favorite court
By Dylan Matthews

Politifact Julián Castro says nearly all DACA recipients employed, in school or serving in military
By Jasper Scherer

Bustle What The New DACA Ruling Means For Dreamers & Other Undocumented People
By Madhuri Sathish

CBN News As Judge Blocks Trump’s DACA Move, Pressures Mount for Lawmakers to Reach a Deal
By Abigail Robertson

Morning Consult Republicans Want DACA Fix Tied to Border Wall, Bucking Broader Voter Trend
By Eli Yokley

The Intercept DREAMERS WIN IN COURT, BUT UNTIL CONGRESS ACTS, THEIR FUTURES ARE AS UNCERTAIN AS EVER
By Aida Chavez

Reuters Canada telling Salvadorans facing U.S. exit that haven isn’t guaranteed
By Anna Mehler Paperny

Reuters Salvadorans say going home not an option after U.S. axes protection
By Joseph Ax and Mica Rosenberg

The Washington Post Trump wants to remove these immigrants. An ugly bit of history tells us what it could do to the economy
By Andrew Van Dam

The Washington Post Canada to Salvadorans leaving US: Don’t come here
By Alan Freeman

Khaleej Times Stripped of citizenship, Indian faces deportation from US

The Guardian UCSD Student Detained After Accidentally Crossing Border
By Amalia Huerta Cornejo

The Washington Post From Apple to Koch, big businesses say Trump is wrong on immigration
By Heather Long

CNN Trump admin grapples with rise in border crossing numbers it once touted
By Tal Kopan

CNN San Antonio top cop under fire after releasing immigrants to charity
By Eliott C. McLaughlin and AnneClaire Stapleton

Vox The complicated calculus as Democrats debate whether to shut down the government
By Ella Nilsen

Pacific Standard PERCEIVED THREAT DRIVES ANTI-IMMIGRANT BIAS
By Tom Jacobs

New York Times (Editorial) Don’t Deport the Salvadorans

The Washington Post (Editorial) Take a deal for the dreamers. Build the wall.

HuffPost (Opinion) A Blueprint For A National Legal Defense Fund
By Tahmina Watson

New York Magazine (Opinion) Trump Ending DACA Was Never About the Law. A Federal Judge Noticed.
By Cristian Farias

New York Magazine (Opinion) Guess Which Line Was Missing From the Transcript of Trump’s Immigration Meeting
By Margaret Hartmann

Yahoo News (Opinion) How Obama left immigrants vulnerable to Trump
By Rick Newman

New York Times (Op-Ed) President Trump Is Breaking Up My Family
By Rodman Serrano

The Washington Post (Op-Ed) Dana Milbank: ‘Dreamers’ need to get out of their own way
By Dana Milbank

The Hill (Op-Ed) Amnesty will be a poisonous prospect for politicians who support it
By Matt O’Brien

Bloomberg View (Opinion) Democrats, Give Trump a Wall!
By Francis Wilkinson

Irish Central (Opinion) President Donald Trump would have turned away the Famine Irish just like the Salvadorans
By Cahir O’Doherty

WHYY (Opinion) The camera doesn’t lie: On immigration, Trump is rudderless
By Dick Polman

Local

CBS Chicago Five Chicago Area 7-Eleven Stores Part Of National Immigration Investigation

Chicago Tribune Chicago ‘Dreamers’ study, save and plan for the worst while Congress debates immigration relief
By Nereida Moreno

Inland Empire Community News Recent DACA decision gives immigrant groups ‘greater momentum’ for Dream Act
By Anthony Victoria

Sacramento Bee California wins major victory for Dreamers, but is it temporary?
By Anita Chabria

Tyler Morning Telegraph DREAM Act petition with 6,000 signatures delivered to Louie Gohmert’s office
By Erin Mansfield

NorthJersey.com NJ ‘Dreamers’ cautiously optimistic after judge blocks Trump’s decision on DACA
By Monsy Alvarado

AP (New York) NY state offers help to Salvadorans facing deportation

AP (Washington) Spokane decides to outlaw immigrant detention by police

PennLive (Pennsylvania) Man faces deportation after secretly filming women, girls in Pa. pizza shop bathroom
By John Luciew

NY1 (New York) STATE RAMPS UP EFFORTS TO HELP SALVADORAN IMMIGRANTS AT RISK OF DEPORTATION

 

Daily Immigration News Clips – January 10, 2018

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on January 10, 2018

National

AP ICE conducts sweeps of 100 7-Eleven stores, targeting employers in immigration probe

CNN Democrats seek to avoid DACA’s isolation in budget negotiations
By Tal Kopan

Time Congress May Be Moving Closer to a Compromise on Dreamers
By Maya Rhodan

Los Angeles Times Federal judge in San Francisco temporarily blocks Trump’s decision to end DACA program
By Joel Rubin, Jazmine Ulloa, and Lisa Mascaro

Reuters U.S. judge blocks Trump move to end DACA program for immigrants
By Dan Levine and Yeganeh Torbati

Wall Street Journal Judge Blocks Trump Plan to End ‘Dreamers’ Program
By Alicia A. Caldwell

The Washington Post Federal judge says DACA can’t end while lawsuit is pending
By Maria Sacchetti

Politico Judge blocks Trump wind-down of Dreamers program
By Josh Gerstein

AP Trump suggests 2-phase immigration deal for ‘Dreamers’
By Ken Thomas and Alan Fram

Reuters White House: Lawmakers agreed immigration bill to focus on four areas

New York Times A Brief Anatomy of Trump’s Immigration Meeting With Lawmakers
By Michael D. Shear

New York Times Trump Appears to Endorse Path to Citizenship for Millions of Immigrants
By Julie Hirschfeld Davis

New York Times Trump’s Negotiation on Immigration, Unfolding on Camera
By Peter Baker

Wall Street Journal Donald Trump Is Optimistic a Deal Can Be Reached on ‘Dreamers’
By Laura Meckler and Kristina Peterson

The Washington Post Trump offers to ‘take all the heat’ on immigration, but also appears to contradict himself
By Ed O’Keefe and David Nakamura

Politico Trump puts immigration meeting on display amid questions about his mental state
By Louis Nelson

Politico Dreamer talks still jumbled after Trump’s freewheeling summit
By Seung Min Kim, Heather Caygle, Ted Hesson, and Rachel Bade

Roll Call Goodlatte to Roll Out Immigration Bill Soon, Trump Says
By John T. Bennett

Roll Call Ample Confusion After White House Immigration Meeting
By John T. Bennett

CNN House conservatives prep own DACA bill
By Tal Kopan

CNN Trump holds meeting with bipartisan lawmakers over immigration
By Dana Bash, Daniella Diaz, and Tal Kopan

CNN Trump contradicts self repeatedly in immigration meeting
By Tal Kopan

CNN After White House meeting, negotiations on DACA continue on the Hill
By Lauren Fox, Deirdre Walsh, and Jim Acosta

The Hill Graham: Meeting with Trump ‘most fascinating’ in 20 years of politics
By Max Greenwood

The Hill Trump, lawmakers agree to parameters of potential immigration deal
By Alexander Bolton and Jordain Carney

The Hill McConnell: No DACA fix in spending bill
By Jordain Carney

USA Today In extraordinary public negotiation with Congress, Trump promises to sign DACA bill
By Gregory Korte, Deidre Shesgreen, and Eliza Collins

Vox Republicans are misleading everyone – including themselves – about how long they have to fix DACA
By Dara Lind

Newsweek THIS IS HOW DEMOCRATS CAN STILL SAVE IMMIGRANTS FROM TRUMP
By Nicole Rodriguez

Raw Story Colbert blasts Trump’s immigration ‘bill of love’: ‘If you love someone, kick them out of the country’
By Noo Al-Sibai

New York Times ‘Trump Effect’ Wears Off as Migrants Resume Their Northward Push
By Caitlyn Dickerson

Reuters Salvadorans say going home not an option after U.S. axes protection
By Joseph Ax and Mica Rosenberg

New York Times El Salvador Again Feels the Hand of Washington Shaping Its Fate
By Gene Palumbo and Azam Ahmed

New York Times Listen to ‘The Daily’: U.S. Ends Protections for Salvadorans
By Michael Barbaro

Reuters Ex-Arizona sheriff Arpaio says he will run for Senate

Wall Street Journal Joe Arpaio Will Run for Arizona U.S. Senate Seat
By Janet Hook

Politico Arpaio running for Senate in Arizona
By Kevin Robillard

CNN Joe Arpaio, controversial sheriff pardoned by Trump, enters Arizona Senate race
By Eric Bradner

CNN Immigration, Trump and you: 5 things happening now, and why they matter
By Catherine E. Shoichet

Rewire Justice Department Revokes Naturalized Citizenship, Citing Fingerprint Issue
By Tina Vasquez

New York Times (Editorial) Joe Arpaio’s Latest Offense – Running for Senate

Wall Street Journal (Editorial) Progress on Immigration

HuffPost (Opinion) Make the Workforce American Again
By Michael Wildes

New York Times (Opinion) Save the Salvadorans
By David Leonhardt

The Washington Post (Opinion) Will Democrats stop Trump’s cruel use of immigrants as pawns?
By Jennifer Rubin

HuffPost (Opinion) The Heartless End of TPS for Salvadorans
By Julio Lainez

Wall Street Journal (Op-Ed) The House Chairmen’s Plan for Immigration Reform
By Representatives Bob Goodlatte, Michael McCaul, Raul Labrador, and Martha McSally

CNN (Op-Ed) Trump administration’s new immigration decision is shortsighted and cruel
By Raul A. Reyes

The Hill (Op-Ed) Congress dithers on DACA, but why?
By Gordon Peterson

Local

The Monitor Democrats face tough challenge in selling Trump’s promised wall

Tampa Bay Times Immigration is a big deal in Florida, so why is the state MIA in meeting with Trump?
By Alex Leary

Cincinnati.com (Ohio) Despite social media outcry, caretaker of paraplegic boy to be deported
By Mark Curnutte

 

Daily Immigration News Clips – January 9, 2018

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on January 9, 2018

National

McClatchy Under pressure, Trump team backs off proposal to cull foreign tech workforce
By Franco Ordonez

The Atlantic The Battle Over DACA Reaches a Fever Pitch
By Russell Berman

The Republic How Trump’s wall pledge is complicating a DACA bill for ‘dreamers’
By Dan Nowicki and Deniel Gonzalez

Star-Telegram Immigration advocates: DACA deal likely to give Trump his wall
By Andrea Drusch

Reuters Top Democrats send mixed signals on Dreamers, budget deal
By Susan Cornwell

CNN ‘It’s a mess’: DACA negotiations hit a snag ahead of White House meeting
By Lauren Fox, Phil Mattingly, and Tal Kopan

CNN John Kelly leading White House’s immigration effort in congressional negotiations
By Keving Liptak, Jeff Zeleny, Phil Mattingly, and Dana Bash

CNN Exclusive: Pair of lawmakers unveil bipartisan DACA plan
By Tal Kopan

CNN Republicans can’t avoid Trump’s wall promises in DACA talks
By Lauren Fox

The Hill Texas rep: Most Dems will vote against DACA fix that includes wall funding
By Brett Samuels

USA Today In reversal, anti-immigration groups are open to deal to let 800,000 DREAMers stay
By Alan Gomez

AP Pelosi is optimistic about agreement on budget, immigration
By Andrew Taylor

Center for Public Integrity Trump administration to end temporary protected status for immigrants from El Salvador
By Susan Ferriss

The Guardian US says 200,000 people from El Salvador must leave within 18 months
By Amanda Holpuch

CBS News DHS to end protections for some 260K Salvadoran immigrants
By Geneva Sands

AP US ends protections for Salvadoran immigrants, sparking fear
By Luis Alonso Lugo and Elliot Spagat

Reuters U.S. moves toward expelling 200,000 Salvadorans
By Yeganeh Torbati

New York Times Trump Administration Says That Nearly 200,000 Salvadorans Must Leave
By Miriam Jordan

Wall Street Journal U.S. to End Protections for Some Salvadoran Immigrants
By Alicia A. Caldwell and Laura Meckler

Politico Trump to end protected status for Salvadorans
By Ted Hesson, Seung Min Kim, and Heather Caygle

Roll Call Protected Immigration Status for Salvadorans to End in 2019
By Camila Dechaus

Washington Post ‘We will lose practically everything’: Salvadorans devastated by TPS decision
By Maria Sacchetti

AP Advocates want #MeToo debate to include immigrant detention
By Nomaan Merchant

New York Times To Pay for Wall, Trump Would Cut Proven Border Security Measures
By Ron Nixon

New York Times From Offices to Disney World, Employers Brace for the Loss of an Immigrant Work Force
By Vivian Yee, Liz Robbins, and Caitlyn Dickerson

CNN The political stakes of the immigration fight
By Stephen Collinson

The Hill Refugee admissions down for first part of fiscal 2018: report
By Rebecca Savransky

Fox News (Opinion) Trump’s crackdown on legal immigration is hurting America
By Anastasia Tonello

The Washington Post (Opinion) Trump heaps more misery on vulnerable immigrants
By Ishann Tharoor

The Hill (Opinion) Immigration reform: An Army recruitment opportunity
By Eric Fanning

New Yorker (Opinion) When Deportation Is a Death Sentence
By Sarah Stillman

CNN (Op-Ed) Trump’s Mexico wall would be a gift to the drug cartels
By Alice Driver

New York Times (Op-Ed) A Counterproductive Approach to a Broken Immigration System
By Ben Shifter and Michael Raderstorf

Splinter (Op-Ed) I’m Everything This Administration Hates
By Jorge Rivas

The Hill (Op-Ed) An apology to my sons’ Salvadorian caretaker
By Ezra Rosser

Local

Times-Picayune After El Salvador loses special protections from deportation, local Hondurans fear they’re next
By Maria Clark

Trib Live (Pennsylvania) Trump’s decision that would deport Salvadorans makes little sense, Pittsburgh-area immigration experts say
By Bob Bauder

Salt Lake Tribune (Utah) Fearful of deportation, unauthorized immigrants in Salt Lake City are not reporting crime, police chief says
By Christopher Smart

Texas Tribune (Texas) How a South Texas bureaucrat became a multimillionaire amid the rush to build a border fence
By Kiah Collier and Julian Aguilar

Sacramento Bee (Editorial) Trump targets Salvadoran immigrants. Here’s what Congress must do

 

Daily Immigration News Clips – January 8, 2018

Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on January 8, 2018

National

New York Times Trump Administration Says That Nearly 200,000 Salvadorans Must Leave
By Miriam Jordan

Washington Post 200,000 Salvadorans may be forced to leave the U.S. as Trump ends immigration protection
By Nick Miroff

New York Times At Least 1,900 Immigrants Were Rejected Because of Mail Problems
By Liz Robbins

New York Times Judge Faults U.S. for Holding Immigrant Defendants Freed on Bail
By Alan Feuer

Wall Street Journal SEC Looks Into Kushner Cos. Over Use of EB-5 Program for Immigrant Investors
By Erica Orden

Wall Street Journal Border Agents’ Searches of Travelers’ Phones Skyrocketed, Agency Says
By Alicia A. Caldwell and Laura Meckler

AP The Latest: Trump sees possible deal on young immigrants

Reuters Senator Durbin blasts Trump for ‘anti-immigrant’ moves in ‘Dreamer’ talks

Reuters Democrats, Republicans trade barbs in tense immigration talks
By Richard Cowan

New York Times White House Immigration Demands Imperil Bipartisan Talks
By Sheryl Gay Stolberg and Michael Tackett

Politico Playbook Democrats squeezed on DACA

The Washington Post In next round of budget talks, ‘dreamers’ are set to dominate
By Ed O’Keefe, Mike DeBonis, and Erica Werner

HuffPost Dreamers To California Republicans: Help Us, Please
By Susan Ferriss

ABC News ‘This Week’ Transcript 1-7-18: Nikki Haley, Sen. Tom Cotton and Sen. Bernie Sanders

KPCC DACA job permits will begin expiring soon for young immigrants
By Leslie Berestein Rojas

Atlanta Journal-Constitution Nuestra Comunidad: Blind karate teacher faces possible deportment
By Carlos Moreno

AP Court date for immigrant restaurant manager not until 2021

Reuters Illegal immigrant acquitted in California death gets prison on gun charge
By Alex Dobuzinskis

Reuters Trump meets Republican leaders to set strategy for 2018
By Jeff Mason and Richard Cowan

Reuters Trump, meeting with Republican leaders, says welfare reform may have to wait
By James Oliphant

Wall Street Journal Trump Administration Seeks $18 Billion Over Decade to Expand Border Wall
By Laura Meckler

Wall Street Journal Refugee Admissions to U.S. Off to Slow Start in Fiscal Year 2018
By Laura Meckler

The Washington Post Immigrant sentenced in Kate Steinle shooting as Steinle family prepares for next fight
By Abigail Hauslohner and Maria Sacchetti

The Hill Sessions challenges administrative loophole in immigration court cases
By John Bowden

The Hill 5 Dem senators ask administration not to include citizenship question on census
By Julia Manchester

Newsweek Trump’s Anti-Immigration Rhetoric, Policies Killing Tourism to the U.S. Industry Analysts Say
By Nicole Rodriguez

Times Now H-1B rules: US lawmakers oppose Trump’s proposed changes, raise concern over deportation of 7.5 lakh Indians

New York Times (Letters to the Editor) The Immigrants Who Deliver Healthcare

The Hill (Opinion) Democrats Out of Order on DREAM Act
By Nolan Rappaport

New York Times (Opinion) Let’s Try to Get Past Trump
By Gail Collins

National Review (Opinion) DACA, DACA, Bo-Baca . . .
By Mark Krikorian

Local

Public News Service FL House Speaker “Using Trump’s Playbook” to Ban Sanctuary Cities
By Trimmel Gomes

New York Times (California) In Clash Between California and Trump, It’s One America Versus Another
By Tim Arango

Miami Herald (Florida) A year after obeying Trump on immigration, Miami-Dade still waiting for a windfall
By Douglas Hinks

The Intercept (Texas) Texas Police Chief Hands Over Undocumented Smuggling Victims to Local Organizations, Shunning ICE
By Ryan Devereaux

NBC San Diego Lawyer Fights for Student Facing Deportation After Being Detained in San Diego
By Mackenzie Maynard

CBS Sacramento (California) Immigration Attorneys Warn Against Using Marijuana As Feds Change Stance
By Carlos Correa

Vindy Community helps earn deportation delay for Adi
By Graig Graziosi

Cincinnati.com (Ohio) Appeal denied: ICE to move forward with deportation of paraplegic boy’s caregiver
By Mark Curnutte

Vindicator (Editorial) Area businessman a victim of US immigration system

The Monitor (Op-Ed) COMMENTARY: Far-right sentiment hurting businesses in RGV
By Samuel David Garcia

Lowell Sun (Op-Ed) Safe Communities Act sets clear line on immigration enforcement 
By Dina Samfield

Lancaster Online (LTE) Looking for more from Smucker
By Agustina Drot de Gourville

Boston Herald Atkins: Clock ticking on DACA deal
By Kimberly Atkins”

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

PWS

01-16-18

Related posts:

  1. THE GIBSON REPORT FOR 12-18-17 – RECOGNIZING: The Absolutely Amazing ELIZABETH GIBSON Of The NY Legal Assistance Group and ALL She Does For Fairness, Justice, & Due Process! — MAKING A DIFFERENCE IN THE LIVES OF OUR MOST VULNERABLE!
  2. THE GIBSON REPORT — 11-27-17
  3. THE GIBSON REPORT — 02-05-18 — COMPILED BY ELIZABETH GIBSON ESQ, NY LEGAL ASSISTANCE PROJECT
  4. HOW “AMERICA’S KILLER COURTS” PROMOTE “CRIMES AGAINST HUMANITY” — HUMAN RIGHTS WATCH: TRUMP & HIS WHITE NATIONALIST SYCOPHANTS & TOADIES TOUT LAWLESS POLICIES THAT VIOLATE LEGAL OBLIGATIONS & HELP KILL, RAPE, TORTURE THOSE RETURNED TO EL SALVADOR — Supremes & Article III Judiciary Complicit In Gross Human Rights Violations! 

THE GIBSON REPORT — 01-08-18

THE GIBSON REPORT 01-08-18

HEADLINES:

“TOP UPDATES

 

Sessions takes aim at administrative closure

o   ABC: Sessions posed detailed questions challenging the use of “administrative closures,” an increasingly common outcome that allows people to stay in the country without legal status. The attorney general invited feedback from advocates and others, after which time he may issue new instructions for immigration judges nationwide.

o   Matter of CASTRO-TUM, 27 I&N Dec. 187 (A.G. 2018): The Attorney General referred the decision of the Board of Immigration Appeals to himself for review of issues relating to the authority to administratively close immigration proceedings, ordering that the case be stayed during the pendency of his review.

 

Acting ICE Director Wants to Arrest Politicians Running Sanctuary Cities

NYMag: In an interview Tuesday with Fox News Channel’s Neil Cavuto, Homan said political leaders in sanctuary cities, which don’t cooperate with ICE officials looking to make immigration arrests, are breaking the law when they “knowingly shield and harbor an illegal alien.” “That is a violation of 8 USC 1324. That’s an alien-smuggling statute. I’ve asked the Department of Justice to look at this,” he said.

 

OCC Trying to De-designate UACs?

Catholic Charities: Before IJ Kolbe: It was business as usual until a case that involved a UAC, 13 years old, present with step-father, after counsel stated they were pursuing Asylum, DHS handed her a letter stating that they’re giving her a letter de-designating her client. It all happened very fast, and it was unexpected. Kolbe did look surprise and stated that counsel could still send her application to USCIS and keep her up-to-date with the outcome. My question is, has anyone else had  this letter handed out to them? If so, can you share the letter so we can see what exact language DHS is using and prepare rebuttals?

 

ICE sending G-56 call-in letter after attempted raid

IDP: We just got a call from an individual who was deported (to the wrong country) in 2007, he then reentered in 2008.  He was recently arrested on a criminal case in Rockland County, NY.  About 3 weeks ago — shortly after one of his criminal court dates –, 9 agents, a mix of ICE and the local gang unit of the sheriff’s department, raided his home early in the morning.  He was at work and after waking up his sleeping children and speaking everyone in the home, the agents left without arresting anyone. A few days later, this individual received [a] G-56 letter from ICE in the mail, telling him to report to ERO at 201 Varick Street this Tuesday for “Case Review”, with his immigration documents and valid passport, which seems like a less resource-intensive tactic of ICE to take him into custody to re-deport him.

 

Trump Justice Department Pushes for Citizenship Question on Census, Alarming Experts

ProPublica: The Justice Department is pushing for a question on citizenship to be added to the 2020 census, a move that observers say could depress participation by immigrants who fear that the government could use the information against them. That, in turn, could have potentially large ripple effects for everything the once-a-decade census determines — from how congressional seats are distributed around the country to where hundreds of billions of federal dollars are spent.

 

Fewer family visas approved as Trump toughens vetting of immigrants: Reuters review

Reuters: The number of approvals dropped by nearly a quarter in the first nine months of 2017 to around 406,000 compared to the same period a year earlier when approvals were more than 530,000, despite a similar number of applications during both periods, USCIS data showed.

 

Immigration Clinic Represents Somali nationals in Class Action Lawsuit

ImmProf: The hearing will address whether the court has jurisdiction to consider the petitioners’ claim that they are entitled to a stay of removal while they seek reopening of their removal orders.

 

Motel 6 Gave Guest Information To ICE Agents, Lawsuit Says

NPR: Washington Attorney General Bob Ferguson sued Motel 6 on Wednesday, alleging motel employees gave private information about thousands of guests to U.S. immigration authorities.

 

More workers say their bosses are threatening to have them deported

LA Times: Complaints over immigration-related retaliation threats surged last year in California, according to the Labor Commissioner’s Office. Through Dec. 22, workers had filed 94 immigration-related retaliation claims with the office, up from 20 in all of 2016 and only seven a year earlier.

 

US Commission on Civil Rights Concerned with Alleged Abusive Labor Practices at Immigration Detention Centers

AILA: The Commission calls for heightened oversight and transparency of the Voluntary Work Program within both government and privately-run detention centers.

 

Trump, lawmakers step up talks on immigrant ‘Dreamers’

Reuters: Urgent negotiations aimed at shielding young, undocumented immigrants from deportation intensified on Thursday as Republican U.S. senators emerged from a meeting with President Donald Trump expressing confidence a deal could be struck this month.

 

IJ Lamb’s Retirement

Empire Justice Center: Update 1/8/18: I spoke with IJ Lamb’s legal assistant this morning and she informed me that my individual scheduled for tomorrow was adjourned and all her hearings will be reassigned to a new judge.

 

ACTIONS

 

o   AILA: Call for Examples: Compelling Family Immigration Stories”

 

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

PWS

01-08-18

 

Related posts:

  1. THE GIBSON REPORT — 02-05-18 — COMPILED BY ELIZABETH GIBSON ESQ, NY LEGAL ASSISTANCE PROJECT
  2. THE GIBSON REPORT — 10-30-17
  3. REAL DUE PROCESS MAKES A STUNNING DIFFERENCE! – NY PROJECT FINDS THAT REPRESENTED IMMIGRANTS ARE 12X MORE LIKELY TO WIN CASES!
  4. THE GIBSON REPORT — 11-27-17

THE GIBSON REPORT — 01-02-18

THE GIBSON REPORT, 01-02-18

HEADLINES:

TOP UPDATES

 

NY Governor pardons 18 immigrants in face of Trump immigration crackdown

ImmProf: Following the lead of California Governor Jerry Brown, New York Governor Andrew Cuomo pardoned more than a dozen immigrants who faced deportation over prior convictions who now have a chance of staying in the United States.

 

California becomes a sanctuary state and legalizes marijuana, but advocates remind noncitizens that there are still immigration consequences for marijuana use

Press-Enterprise: Undocumented immigrants can be deported for marijuana consumption in certain circumstances and may risk not being admitted back into the United States if they leave.

 

NJ immigration under Murphy: Expanding in-state financial aid

App: The governor-elect  supports expanding in-state financial aid to young unauthorized immigrants living in New Jersey.

 

USCIS Provides Updated Guidance and FAQs on Rejected DACA Requests

AILA: USCIS provided guidance and FAQs on DACA requests delivered by the filing deadline but not officially “ received” by USCIS. USCIS contacted individuals and they have 33 days from the date of the letter to resubmit the request. USCIS included information on other types of mail issues as well.

 

The ‘Double Punishment’ For Black Undocumented Immigrants

Atlantic: Although only 7 percent of non-citizens in the U.S. are black, they make up 20 percent of those facing deportation on criminal grounds.

 

Trump to Dems: No DACA deal without the border wall

Politico: Democrats seeking a deal to protect so-called Dreamers from deportation must be prepared to agree to a package that includes several White House priorities, including a border wall and reforms to the U.S. immigration system, President Donald Trump wrote on Twitter Friday morning…House Minority Leader Nancy Pelosi (D-Calif.) and her Senate counterpart, Minority Leader Chuck Schumer (D-N.Y.), are set to meet [] Wednesday with House Speaker Paul Ryan (R-Wis.) and Senate Majority Leader Mitch McConnell (R-Ky.) at the White House, where the congressional leaders are expected to work on a DACA deal as part of negotiations to avert a government shutdown.

 

More immigration actions planned in 2018 at job sites, high-ranking enforcement official says

The Commercial Appeal (note: this article is focused on Tennessee but generally relevant): Workplace immigration investigations will likely focus on “critical infrastructure,” such as airports, defense contractors, food distribution and other businesses that have an impact on the general safety and welfare of the community

 

Beginning on January 15, 2018, OCC-NYC will only accept joint motion to reopen (JMTR) requests electronically through eService portal. 

OCC: Effective January 15, 2018, the OCC-NYC will move to the next phase of electronic service.  Please note that on January 15, 2018, we will be disabling our JMTR email boxes in favor of service to our eService online portal.  JMTR requests sent to the following email boxes on or after that date will be deemed improperly served:  NONDETAINED.NYC_JMTR@ice.dhs.gov,DETAINED.NYC_JMTR@ice.dhs.gov.

 

RESOURCES

 

 

EVENTS

 

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

PWS

01-04-18

Related posts:

  1. THE GIBSON REPORT — 12-11-17 
  2. ⭐️⭐️⭐️⭐️⭐️⚖️🗽🇺🇸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!
  3. 🧑🏽‍⚖️⚖️🗽🇺🇸WHO’S JUDGE IS IT ANYWAY? — The Crisis Of Independence In Our Immigration Courts! — Coming April 7, 2021! — Sponsored By The HNBA! — Don’t Miss It!
  4. 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! ☹️

THE GIBSON REPORT — 12-26-17

The Gibson Report — 12-26-17

 

HEADLINES:

Concerning Fall Regulatory Agenda

CAP:

Fall regulatory agenda just dropped and there are some VERY concerning new rules around immigration coming out this spring.

At DOJ:

  • Rule to change DOJ’s regs regarding motions to reopen and motions to reconsider post-deportation
  • And what appear to be big changes to cancellation of removal

 

Justice Department weakens guidelines for protecting children in immigration court

ImmProf: The new memo removes suggestions contained in the 2007 memo for how to conduct “child-sensitive questioning” and adds reminders to judges to maintain “impartiality” even though “juvenile cases may present sympathetic allegations.” The new document also changes the word “child” to “unmarried individual under the age of 18” in many instances. Read the memo here. See New EOIR Memo Encourages Immigration Judges To Dump On Unaccompanied Children from retired IJ Schmidt for a breakdown of concerns.

 

Salvadoran Law Creates Deportation-to-Prison Pipeline

Susan Cruz: Decree 717 was created in response to Trump’s statements about deporting alleged gang members en masse. In a knee-jerk reaction the Salvadoran Assembly passed, and President Sanchez Céren ratified Decree 717 which creates a deportation-to-prison pipeline. It went into effect July 14, 2017. (Click here to read Decree 717).

 

To curb illegal border crossings, Trump administration weighs new measures targeting families

WaPo: The Trump administration is considering measures to halt a surge of Central American families and unaccompanied minors coming across the Mexican border, including a proposal to separate parents from their children, according to officials with knowledge of the plans. These measures, described on the condition of anonymity because they have not been publicly disclosed, would also crack down on migrants living in the United States illegally who send for their children. That aspect of the effort would use data collected by the Department of Health and Human Services (HHS) to target parents for deportation after they attempt to regain custody of their children from government shelters.

 

Without New Laws or Walls, Trump Presses the Brake on Legal Immigration

NYT: [The Trump administration] has also quietly, and with much less resistance, slowed many forms of legal immigration without the need for Congress to rescind a single visa program enshrined in the law. Immigration and State Department officials are more closely scrutinizing, and have started more frequently denying, visas for people seeking to visit the United States on business, as well as for those recruited by American companies, according to lawyers representing visa seekers. Foreigners already in the United States whose employers wish to extend their stays are also facing new hurdles.

 

EOIR Releases Memo on Applications for Cancellation of Removal or Suspension of Deportation

EOIR released an Operating Policies and Procedures Memorandum (OPPM) with guidelines for adjudicating applications for cancellation of removal or suspension of deportation that are subject to the annual limitation (“cap”). Guidance is effective as to hearings that are concluded on or after 1/4/18.

AILA Doc. No. 17122033

 

USCIS Announces Re-Registration Period Now Open for Nicaraguans with TPS

USCIS announced that current beneficiaries of Temporary Protected Status (TPS) under Nicaragua’s designation who want to maintain that status through the program’s termination date of January 5, 2019, must re-register between December 15, 2017, and February 13, 2018.

AILA Doc. No. 17121833

 

USCIS Announces Re-Registration Period Now Open for Honduras with TPS

USCIS announced that current beneficiaries of Temporary Protected Status (TPS) under Honduras’ designation who want to maintain that status through the current expiration date of July 5, 2018, must re-register between December 15, 2017, and February 13, 2018.

AILA Doc. No. 17121830

 

Fearing Deportation From U.S., Migrants Walk To Canada

NPR: More than 9,000 people seeking refugee status in Canada entered the province of Québec from August through October. By comparison, just over 2,400 crossed by foot along the entire U.S. border with Canada last year.

 

RESOURCES

 

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

In particular, the “regulatory agenda” appears to contemplate further attacks on Due Process and migrants rights by the Trump Administration. Be prepared!

PWS

12-26-16

 

Related posts:

  1. KEEP UP TO DATE WITH ALL OF THE REGIME’S LATEST ANTI-IMMIGRANT SCHEMES, GIMMICKS, & SHENANIGANS – THE GIBSON REPORT – 01-06-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  2. THE GIBSON REPORT – 09-29-20 – Compiled by Elizabeth Gibson, Esquire, NY Legal Assistance Group – Another Tone-Deaf, Far Right Justice; Higher Fees For Worse Service; Detained Until Dead (“DUD Policy”)☠️⚰️; Dumping On International Students; & Other Nation-Destroying 🏴‍☠️News From The Trump Regime Twilight Zone! 
  3. THE GIBSON REPORT — 10-05-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Federal Judge Rules Trump Not A Monarch; More Intentional Cruelty, Lies, & Threats Of Politically-Inspired Racist Attacks On Ethnic Communities From DHS; Trump Regime Dumps On Refugees & Commies; Cert. Granted In Credibility Case Apparently Seeking To Screw Refugees At Request Of SG; & Other “Interesting & Sometimes Disturbing Stuff”⚖️
  4. THE GIBSON REPORT — 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 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 — 12-18-17

TOP UPDATES

 

Today Is International Migrants’ Day: 2017 Theme: Safe Migration in a World on the Move

o   Books: Give the Gift of Literary Empathy – Immigration Holiday Book Guide (full disclosure, I wrote this one)

o   Podcasts: Immigration and migration stories

o   Film: IOM and UNICEF Film Festival in New York today

 

White House to push merit-based immigration in new campaign

 

TPS for Nicaragua and Honduras

 

LexisNexis’s Role in ICE Surveillance and Librarian Ethics

LLB: As library organizations discuss ways library professionals can advocate for intellectual freedom, democracy, and equality, we should begin by grappling with how to react when our major database providers engage in massive surveillance projects with the government.

 

Federal Investigation Finds ‘Significant Issues’ At Immigrant Detention Centers

NPR: Immigrants detained at four large centers used by Immigration and Customs Enforcement are subject to inhumane treatment, given insufficient hygiene supplies and medical care, and provided potentially unsafe food, according to a federal report.

 

On the ground with ICE agents enforcing Trump’s immigration crackdown

ImmProf: Since President Trump took office, immigration arrests are up 42 percent. ICE estimates, nationwide, they make 400 arrests a day. ICE has arrested 37,000 undocumented immigrants without criminal records. That’s a 145 percent increase over fiscal year 2016.

 

Complaint Documents 15 Cases of Family Separation at the Border

AIC: Advocates filed a complaint with the Office for Civil Rights and Civil Liberties (CRCL) and Office of the Inspector General (OIG) on behalf of numerous families – most, if not all, who fled to the United States seeking humanitarian relief – who were separated at the U.S.-Mexico border.

 

DHS Overestimates Visa Overstays for 2016; Overstay Population Growth Near Zero During the Year

CMS: This paper compares US Department of Homeland Security (DHS) estimates for visa overstays in fiscal year 2016 with estimates from the Center for Migration Studies (CMS).

 

An HIV-Positive Gay Asylum Seeker Staged a 7-Day Hunger Strike in an ICE Detention Facility

The Nation: Protesting prolonged detention, substandard medical care, and parole denial, Jesus Rodriguez Mendoza may soon stop eating again.

 

Bronx man allegedly poses as Hempstead attorney, steals more than $30,000 from immigrant clients

PIX: Efrain Vargas told clients in Hempstead he would obtain immigration and residency papers for them, but never delivered on his promises, officials said. He was arrested and arraigned Wednesday for allegedly scamming immigrants.

 

OCC-NYC Filing Window Hours on 12/20 and 12/22

OCC: Please be advised that our reception area and filing window at 26 Federal Plaza and 201 Varick Street will be closed from 12:00-1:30pm on Wednesday, December 20th.  Please be further advised that our reception area and filing window will close at 3pm on Friday, December 22nd.

 

ACTIONS

 

  • #GiveMateoBack: Amnesty International USA is also working to hold ICE accountable for family separation. You can find steps for a social media/letter writing campaign here.

 

RESOURCES

 

  • USCIS Provides Training Material on the International Religious Freedom Act and Religious Persecution
  • USCIS Provides Training Material on TRIG
  • Manhattan DA – Supp Bs – raej@dany.nyc.gov: December 2017 will be my last month at the Manhattan District Attorney’s Office. If you have pending supplement B certification request that has  yet to be submitted to my office, please email the requests to me by Friday, December 22nd. We will make every effort to review each certification request and provide a response before the New Year. After December 22nd, please send all U-visa supplement B requests to Mayerling Rivera atRIVERAM@dany.nyc.gov. As with all past requests, please be sure to provide a waiver signed by your client (include your client’s date of birth and any aliases)… The body of the email should include the case indictment or docket number, name of the defendant, and/ or the case arrest number. Please keep in mind that we cannot locate cases in our system records using an NYPD complaint number.
  • Give the Gift of Literary Empathy – Immigration Holiday Book Guide(full disclosure, I wrote this one)

·         Podcasts: Immigration and migration stories

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

I’m a huge “Elizabeth Gibson Fan.” I’ve known Beth since she was a star student at Georgetown Law (one of the “Best Ever” of my “Refugee Law & Policy” — “RLP” — students), a terrific Legal Intern at the Arlington Immigration Court, and a spectacular Judicial Lw Clerk/Attorney Advisor at the New York Immigration Court before she was selected for the Immigrant Justice Corps (“IJC”) assigned to the New York Legal Assistance Group (“NYLAG”).

For those who don’t know, only the “best and brightest” with an overriding concern for social justice get into the IJC. Beth would excel at ANY legal job in America — “Nonprofit, “Big Law,” judging, teaching, writing, reporting, managing.

I’m inspired that with all these avenues open to her, Beth has chosen to use her “complete package” of talents to make the justice system work for the most vulnerable among us — those who have legal rights that are largely the same as all of us, but who are “bullied” and “intentionally mistreated” by our legal system (and our current Administration, in particular) in an attempt to prevent them from using and realizing those rights.

In  addition to being a weekly contributor to immigrationcourtside.com, Beth has acted as a “clearinghouse” for the vast amount of information and assistance available to the legal community involved in defending the rights of migrants. She has patiently taken many referrals of reporters and lawyers. She also has found time to write articles of her own, in addition to, of course, her main mission of helping her clients.

Beth, thanks for all you do for our country, our world, the cause of justice, and making “Due Process” under our Constitution a reality (at least for some) rather than an “empty promise!” You are truly what serving in the “New Due Process Army” is all about and why, in the end, the forces of darkness threatening our country and democracy will not prevail!

PWS

12-18-17

Related posts:

  1. VICTORY DANCE! — ICE’S HOMAN SAYS CLIMATE OF FEAR HAS STEMMED BORDER CROSSINGS & PROVES UNRESTRAINED, ARBITRARY IMMIGRATION ENFORCEMENT WORKS! — “There’s no population that’s off the table,” he said. “If you’re in the country illegally, we’re looking for you and we’re looking to apprehend you.” — America Won’t Be Truly Safe Until The Last Cook, Gardner, Construction Worker, Nanny, Janitor, Tree Cutter, Mechanic, Handyman, Carpenter, Home Health Aide, Computer Programmer, Healthcare Worker, Lettuce Picker, Cow Milker, Landscaper, Lawnmower, Bricklayer, Roofer, Window Washer, Waiter, Sandwich Artist, Teacher, Minister, Coach, Student, Parent, Clerk, Fisherman, Farmer, Maid, Chicken Plucker, Meat Processor, Etc., Without Docs Is Removed And US Citizens Take Over All These Jobs!
  2. MARIA SACCHETTI IN WASHPOST: INSIDE THE “NAG” (NEW AMERICAN GULAG) — CRUEL, INHUMAN, DEGRADING TREATMENT APPEARS TO BE WIDESPREAD IN SO-CALLED “CIVIL” IMMIGRATION DETENTION! — Where’s The Outrage? — Where’s The Congressional Oversight? — Why Aren’t Guys Like “Gonzo” & Homan Who Knowingly Promote Violations Of Legal & Human Rights As (Unlawful) “Immigration Deterrence” Under Investigation For Their Roles In Violating Human, Constitutional Rights!
  3. WASHINGTON POST: GONZO’S IMMIGRATION COURT “REFORMS” WILL CREATE “KANGAROO COURTS!” —Recent “moves to evaluate judges based on the speed with which they handle dockets that typically exceed 2,000 cases, rather than on fair adjudication, is a recipe for assembly-line injustice.”
  4. JAMELLE BOUIE @ SLATE: TRUMP, SESSIONS, MILLER & THE GOP RESTRICTIONISTS HAVE PUT GOOD OL’ 1920S RACISM AT THE FOREFRONT OF THEIR WHITE NATIONALIST IMMIGRATION AGENDA! –“What good does it do to bring in somebody who’s illiterate in their own country, has no skills, and is going to struggle in our country and not be successful? . . . That is not what a good nation should do, and we need to get away from it.” — J. “Gonzo Apocalypto” Sessions, Attorney General of the United States of America & Unapologetic White Nationalist With A Long History Of Racism!

THE GIBSON REPORT — 12-11-17 

THE GIBSON REPORT 12-12-17

HERE ARE THE HEADLINES:

“TOP UPDATES

 

Concerning I-765 form and instructions, comments open until Dec. 12

Three worrisome changes caught by KIND:

  • requirement to provide a passport or US or foreign government-issued ID applies to those with asylum-pending or withholding granted (as well as SIJs, and T & U nonimmigrants); this is a major break with past practice, and huge obstacle.
  • if asylum is pending, requires arrest and conviction records. The EAD will be denied if you have been convicted of an aggravated felony, and USCIS will evaluate the arrest records to determine that. This is a procedural due process problem in that this is an ultimate question to be determined by the adjudicator of the asylum application.
  • option of using a “Safe Mailing Address” is buried deep in the instructions where it’s easy to miss, and limits it to VAWA, T and U applicants.

 

Update on Joint Motions

From the OCC duty attorney via Make the Road:

  • she generally reviews all proposed JMTRs, and makes a decision by written letter as to whether to join, decline, or request more information
  • she has a significant backlog such that she is still reviewing proposed JMTRs filed in November of 2016… (Note from EG: when I spoke with her in April of 2017, she was doing September of 2016)
  • without an “exceptional or unusual” circumstance such as urgent need to travel because of death or illness, she wouldn’t prioritize reviewing one sooner
  • if I am concerned about the wait, she encourages me to “seek prosecutorial discretion from ERO through a stay or deferred action.”

 

Sessions outlines principles to reduce immigration case backlog

DOJ: “[DOJ aims] to reduce the so-called “backlog” by realigning the agency towards completing cases, increasing both productivity and capacity, and changing policies that lead to inefficiencies and delay justice.”

 

PRUCOL for Asylum Applicants (see attached)

Effective immediately, PRUCOL status will be granted to Asylum applicants with EAD cards for the purpose of Cash Assistance eligibility, which in turn has implications for rental assistance.

 

New Federal Lawsuit on Behalf of Lawful Permanent Residents Denied the Opportunity to Become U.S. Citizens Because of Disabilities

Legal Services NYC’s Bronx program, Immigrant Justice Corps, Alaska Immigration Justice Project, and WilmerHale filed a federal lawsuit on behalf of nine LPRs from New York, Massachusetts, and Alaska, who are statutorily eligible to apply for citizenship, but who have mental health or cognitive impairments which make it impossible for them to learn English and pass the English and civics tests ordinarily required to become U.S. citizens. The lawsuit was filed against the DHS and USCIS.

 

NIJC and Immigrant Rights Advocates Demand Civil Rights Investigation into ICE Raids that Targeted Sponsors of Unaccompanied Children

Eight immigrant rights organizations filed a complaint with DHS OIG and Office of Civil Rights and Civil Liberties on behalf of some of the 400 people detained in raids during the summer of 2017 that used unaccompanied children to identify and target their relatives living in the United States. AILA Doc. No. 17120762

 

DOS Updates Guidance Due To New Court Orders on Presidential Proclamation

DOS provided updated guidance due to the 12/4/17 Supreme Court orders that granted the government’s motions for emergency stays of preliminary injunctions. Per the orders, restrictions will be implemented fully, in accordance with the Presidential Proclamation, around the world, beginning 12/8/17. AILA Doc. No. 17120830

 

CBP Muster: Policy Regarding Border Search of Information

CBP created a muster regarding border searches of electronic devices. Notes such searches may include searches of the information physically present on the device when presented for inspection or during its detention. Obtained by a FOIA request by the Electronic Frontier Foundation. AILA Doc. No. 17120636.

 

DHS Provides ICE and CBP End of FY2017 Statistics

DHS released a summary of its end-of-the-year immigration enforcement numbers. In FY2017, CBP reported 310,531 apprehensions nationwide, 303,916 of which were along the Southwest border. In FY2017, ICE conducted 143,470 arrests and 226,119 removals. AILA Doc. No. 17120534

 

EOIR Final Rule on Denials of Suspension of Deportation and Cancellation of Removal

EOIR final rule adopting without change the rule proposed at 81 FR 86291 on 11/30/16. The final rule allows IJs and the BIA to issue final denials of suspension of deportation and cancellation of removal applications regardless of whether the annual cap has been reached. (82 FR 57336, 12/5/17) AILA Doc. No. 17120530

 

 

ACTIONS

 

  • Sign petition to Judge DiFiore – on keeping ICE out of NY courts.
  • IDP Push on State Pardons: We have reason to think that the Governor’s office may be more likely to grant pending pardon applications (and more in the future) if we package together compelling cases. If you have pardon applications currently pending (or that could be submitted soon) where someone would receive some kind of immigration benefit and would like to be included in this joint advocacy effort, please email awellek@immigrantdefenseproject.org by 12/13: 1-2 paragraphs about the applicant. It should cover who the applicant is, their equities, what their convictions are, and the current posture of their immigration case and how a pardon will help.
  • NYIC and CUNY survey of gang-related issues – deadline 12/15/17

 

RESOURCES

 

·         USCIS Provides FAQs on Rejected DACA Requests”

 

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

Thanks, Elizabeth, for keeping the members of the “New Due Process Army” informed!

You’re the greatest!

 

PWS

12-12-17

Related posts:

  1. GONZO’S WORLD: WHAT HAPPENS WHEN A DIVERSE “NATION OF IMMIGRANTS” ANOINTS A COMMITTED XENOPHOBE AS ITS CHIEF LAW OFFICER? – Gonzo Is Deconstructing Our System Of Justice, One Day At A Time!
  2. 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!
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