Category: Immigrant Justice Corps

THE GIBSON REPORT — 06-08-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Keep Up With The Regime’s Latest Anti-Due-Process Shenanigans & Responses Thereto Under “Top News”

Elizabeth Gibson
Elizabeth Gibson
Attorney, NY Legal Assistance Group
Publisher of “The Gibson Report”
 

COVID-19

Note: Policies are rapidly changing, so please verify the latest policies on the relevant government websites and with colleagues on listservs as best you can.

 

New

 

Closures

 

Guidance:

 

 

TOP NEWS

 

EOIR’s Data Release on Asylum So Deficient Public Should Not Rely on Accuracy of Court Records

TRAC: TRAC has concluded that the data updated through April 2020 it has just received on asylum and other applications for relief to the Immigration Courts are too unreliable to be meaningful or to warrant publication. We are therefore discontinuing updating our popular Immigration Court Asylum Decisions app.

 

ICE Agents Detain a Police Brutality Protester, Reportedly a U.S. Citizen and Military Vet, in New York City

TIME: The Immigrant Defense Project, an advocacy organization that provides legal services to immigrants, shared a video Friday afternoonshowing a man they say is of Puerto Rican descent being detained by a group of men, one of whom is wearing a vest identifying him as a member of Homeland Security Investigations (HSI), a division under Immigration and Customs Enforcement (ICE).

 

Fee Schedule Changes

CLINIC: On May 27, 2020, the USCIS Fee Rule transitioned back to the Office of Management and Budget’s Office of Information & Regulatory Affairs, or OIRA. That means the rule is in the process of finalization. Advocates following the progress of the rule estimate that the final rule will be published during the Summer of 2020. Major rules such as this must be made effective at least 60 days after the date of publication in the Federal Register, allowing time for Congressional review. In emergency situations, a major rule can be made effective before 60 days.

 

TRAC Releases Report on the Impact of Immigration Court Hearing Cancellations Due to COVID-19

TRAC estimates that cancelled immigration court hearings due to COVID-19 will “increase hearing delays for months and probably years to come.” TRAC estimates that with scheduling delays in the court’s exiting backlog taken into account, 850,000 immigrants may well be affected by the shutdown. AILA Doc. No. 20060531

 

‘The Bizarro-World’ Immigration Courts Where the Constitution Isn’t Applied

Daily Beast: Detainees can be held for weeks or months before seeing a judge. The Justice Department gave “the word of the agency under penalty of perjury” that it would fix that—but only in NY.

 

Trump looks to Dreamers for an immigration deal

Politico: Trump is expected to slowly wind down the program and use that as leverage to try and strike a broader immigration deal with Democrats this summer, according to six people familiar with the situation.

 

Undocumented Immigrants Affected By Pandemic To Receive Soros Aid Almost Two Months After $20 Million Grant’s Announcement

Gothamist: Each organization has to follow the same eligibility requirements. They have to choose immigrants who don’t qualify for any government assistance. Recipients can get between $400 and $1000 dollars depending on family size. The grant will fund 20,000 families.

 

DHS Cites ‘Internal Disconnect’ For Migrant Hearing Mix-Up

Law360: A U.S. Department of Homeland Security official blamed an “unintentional internal disconnect” after the department sent out conflicting guidance on how migrants stuck in Mexico can pick up their rescheduled U.S. immigration court dates, causing confusion at the border.

 

LITIGATION/CASELAW/RULES/MEMOS

 

SCOTUS Adds Stop-Time Rule Case to Fall Term

SCOTUSblog: With the grant in Niz-Chavez v. Barr, the justices added another immigration case to their docket for next term. At issue in the case is the kind of notice that the government must provide to trigger the “stop-time rule,” which stops noncitizens from accruing the time in the United States that they need to become eligible for discretionary relief from deportation. See also On the home stretch? The term’s remaining decisions.

 

US: Investigate ‘Remain in Mexico’ Program 

HRW: The United States government should initiate an internal investigation into the Trump administration’s “Remain in Mexico” program, Human Rights Watch said today after submitting a formal complaint to the Department of Homeland Security (DHS). The department should be held accountable for its failure to protect asylum seekers under the Migrant Protection Protocols (MPP) program from routine targeting in the Mexican state of Tamaulipas.

 

BIA Terminates Proceedings Sua Sponte Following Vacatur of Criminal Conviction

Unpublished BIA decision reopens and terminates proceedings sua sponte after the respondent’s criminal conviction was vacated because he had not been advised of the immigration consequences of his guilty plea. Special thanks to IRAC. (Matter of Deltoro-Aguilar, 2/12/20) AILA Doc. No. 20060502

 

BIA Holds Misuse of a Social Security Number Not a CIMT

Unpublished BIA decision holds that misuse of a social security number under 42 U.S.C. 408(a)(7)(8) is not a CIMT because seeking to obtain a job and support one’s family is not reprehensible. Special thanks to IRAC. (Matter of M-E-A-, 2/10/20) AILA Doc. No. 20060501

 

BIA Holds Pennsylvania Possession with Intent to Deliver Not an Aggravated Felony

Unpublished BIA decision holds that possession with intent to deliver a controlled substance under 35 Pa. Cons. Stat. 780-113(a)(30) is not categorically an aggravated felony. Special thanks to IRAC. (Matter of G-L-C-, 2/5/20) AILA Doc. No. 20060500

 

CA2 Finds Connecticut Conviction for Carrying a Pistol or Revolver Without a Permit Did Not Qualify as an INA Firearms Offense

The court held that the Connecticut statute under which the petitioner had been convicted for carrying a pistol or revolver without a permit criminalized conduct that is not a “firearms offense” under the INA, and was therefore not a removable offense. (Williams v. Barr, 5/27/20) AILA Doc. No. 20060538

 

CA2 Says Misprision of a Felony Is Not Categorically a CIMT

Aligning with the Ninth Circuit’s decision in Robles-Urrea v. Holder, the court held that misprision of a felony in violation of 18 USC §4 is not categorically a crime involving moral turpitude (CIMT), and granted the petition for review. (Mendez v. Barr, 5/27/20) AILA Doc. No. 20060536

 

CA2 Holds Conviction for Third-Degree Sexual Assault in Connecticut Is Categorically a Crime of Violence Under 18 USC §16(a)

The court held that the petitioner’s conviction for third-degree sexual assault under Connecticut General Statutes §53a-72a(a)(1) fell categorically under the definition of an aggravated felony crime of violence as defined in 18 USC §16(a). (Kondjoua v. Barr, 5/28/20) AILA Doc. No. 20060535

 

CA7 Finds Petitioner’s Eight-Year Delay in Contesting Adequacy of NTA Was Not Excusable

The court held that the petitioner did not make a timely objection to the adequacy of her initial Notice to Appear (NTA), which was received in 2010 and had omitted the time and place of her hearing, and that she could not show excusable delay and prejudice. (Chen v. Barr, 5/29/20) AILA Doc. No. 20060832

 

CA8 Holds Violation of Minnesota’s Fifth-Degree Possession Statute Is a Removable Offense

The court denied the petitions for review, finding that the petitioners, who had pleaded guilty to possessing methamphetamine in violation of Minnesota’s fifth-degree possession statute, were removable under INA §237(a)(2)(B)(i). (Bannister v. Barr, 5/26/20) AILA Doc. No. 20060836

 

CA8 Upholds Denial of Asylum to Salvadoran Who Claimed He Would Face Persecution by Mara 18 Gang Members

The court found that the BIA’s denial of asylum to the petitioner, a citizen of El Salvador who claimed he would suffer persecution based on his opposition to joining the Mara 18 gang, was supported by substantial evidence in the record. (Prieto-Pineda v. Barr, 5/28/20) AILA Doc. No. 20060838

 

CA9 Says Government Failed to Afford Petitioners Due Process in Terminating Their Asylum Status

Granting the petition for review, the court held that the government violated the petitioners’ due process rights by failing to provide them a full and fair opportunity to rebut the government’s fraud allegations before terminating their asylum status. (Grigoryan v. Barr, 6/2/20) AILA Doc. No. 20060839

 

CA9 Finds California Conviction for Felony Vehicular Flight from a Pursuing Police Car While Driving Against Traffic Was a CIMT

The court upheld the BIA’s determination that the petitioner’s conviction for felony vehicular flight from a pursuing police car while driving against traffic in California was categorically a crime involving moral turpitude (CIMT) that rendered him removable. (Lepe Moran v. Barr, 6/2/20) AILA Doc. No. 20060840

 

Proclamation on the Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People’s Republic of China

On 5/29/20, President Trump issued a proclamation suspending the entry of certain Chinese nationals seeking to enter the United States on an F or J visa to study or conduct research, with noted exceptions. The proclamation is effective at 12:00 pm (ET) on June 1, 2020. (85 FR 34353, 6/4/20) AILA Doc. No. 20052990

 

DHS OIG Reports That CBP Separated More Asylum-Seeking Families at Ports of Entry Than Reported

DHS OIG reported CBP separated at least 60 asylum-seeking families from May 6-July 9, 2018, despite reporting only seven separations. DHS OIG determined that the separations were based solely on the parents’ prior nonviolent immigration violations and were inconsistent with DHS’s public messaging. AILA Doc. No. 20060233

 

RESOURCES

 

 

EVENTS

   

Note: Check with organizers regarding cancellations/changes

 

ImmProf

 

Monday, June 8, 2020

Sunday, June 7, 2020

Saturday, June 6, 2020

Friday, June 5, 2020

Thursday, June 4, 2020

Wednesday, June 3, 2020

Tuesday, June 2, 2020

Monday, June 1, 2020

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Thanks, Elizabeth!

Item 6 under “Top News” is particularly enlightening. It shows how instead of exercising leadership and integrity on social justice, the Supremes’ majority is so “in bed” with the White Nationalist Administration that Trump is already assuming that the Supremes will ignore the lower Federal Courts’ correct rulings to enable his scofflaw (and irrational) shafting of “Dreamers” so that Trump can use them as “hostages” for dumping on other categories of immigrants and further racist abuses. The Supremes’ continuing support for the regime’s racist agenda and their continuing “Dred Scottification” of African Americans and Hispanics is not likely to go unnoticed, particularly as to the the cruelty, stupidity, and lack of humanity in going after Dreamers at this point in time.

The Dreamers more then deserve long term protection on their own merits; the idea that there has to be a “trade-off” for doing something clearly in the public interest and the “right thing to do” is total B.S. It reinforces the Trump charade that immigration is somehow “bad” for America. It isn’t.

We’re fortunate that the Dreamers are here and that we still have a chance to make up for past mistakes and integrate them fully into our society. We’re also fortunate that many of our other “undocumented” neighbors have been willing to risk their lives to keep our economy and our society afloat during the pandemic. The real “drag on our society” has been Trump, Miller, Barr, Wolf, and the rest of the gang of “malicious incompetents” in the kakistocracy who did so little to help stem the pandemic and so much to sow racism, injustice, divisions, and unrest in our society.

Hopefully, the Dems will give Trump’s disingenuous scheme a pass, and the voters will figure out that the first step to racial healing in American is to get rid of Trump’s racist regime and its GOP “fellow travelers” at the ballot box. That’s also the way to get started on the reforms of the police, the  Supremes, and the rest of the Article III Judiciary needled to make “equal justice for all” a reality rather than an eternally unfulfilled promise.

Due Process Forever!

PWS

06-09-20

Related posts:

  1. 🇺🇸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!🏴‍☠️
  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. 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
  4. ⚖️THE GIBSON REPORT — 02-07-22 — Compiled By Elizabeth Gibson Esquire, NY Legal Assistance Group — BONUS: “Ethics On Vacation @ DHS & DOJ”

THE GIBSON REPORT — 06-01-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

Elizabeth Gibson
Elizabeth Gibson
Attorney, NY Legal Assistance Group
Publisher of “The Gibson Report”

#BlackLivesMatter

 

Do Black Lives Matter in the immigrant rights movement?

AlJazeera (from 2017): Black migrants are being assimilated into the terror of the prison industrial complex at an alarming rate. The over-policing, over incarceration, and overt violence of the policing apparatus that is at the core of the #BlackLivesMatter movement is also an immigrant rights issue.

 

Victory for Liberians in the U.S.: Deferred Enforced Departure, A Pathway to Citizenship, and An Immigration Success Story

Featured June 10 event from the NYCBA with a fantastic panel:

Tsion Gurmu,  Legal Director, Black Alliance for Just Immigration, Founder and Director, Queer Black Immigrant Project
Amaha Kassa, Founder and Executive Director, African Communities Together
Yatta Kiazolu, a named Plaintiff in ACT et al. v. Trump et al., and a Liberian DED holder
Patrice Lawrence, Co-Director, UndocuBlack Network

 

COVID-19

Note: Policies are rapidly changing, so please verify the latest policies on the relevant government websites and with colleagues on listservs as best you can.

 

New

 

Closures

 

Guidance:

 

TOP NEWS

 

DOJ memo offered to buy out immigration board members

Roll Call: The Justice Department offered buyouts to pre-Trump administration career members on its influential immigration appeals board as part of an ongoing effort to restructure the immigration court system.

 

With citizenship ceremonies postponed, hundreds of thousands could miss chance to vote in November

WaPo: Though USCIS is scheduled to begin a phased reopening next week, the agency has not committed to resuming a full slate of ceremonies nor has publicly released a plan for rescheduling the approximately 150,000 naturalizations that have been postponed because of the closures.

 

A US immigration agency could run out of money by the end of summer without a $1.2 billion bailout

Vox: US Citizenship and Immigration Services is facing a massive budget shortfall because fewer immigrants are applying to enter the US.

 

How Coronavirus Relief Is Being Distributed to Undocumented Immigrants

DocumentedNY: Private donors and independent organizations have connected to move millions of dollars in aid across a gaping hole left in the government’s COVID-19 response.

 

Emails Show Long Island Police Departments Worked Closely With ICE

DocumentedNY: The report, titled “When Help Is Nowhere to Be Found,” is focused on Operation Matador, which was launched by ICE’s Homeland Security Investigations department in May 2017 to combat MS-13. According to the report, Operation Matador was initially envisioned as a 90-day effort but has since become a permanent operation.

 

NYC Council Votes to Ban the Terms ‘Alien’ and ‘Illegal Immigrant’ on Official Docs

NBC: The NYC Council voted Thursday to ban the “dehumanizing and offensive” words in local laws, rules and documents, said Speaker Corey Johnson. The term that officials will use going forward will be “noncitizen.”

 

ICE Tells Parents to Separate From Their Children or Risk Indefinite Detention Together

AIC: According to recent reports from attorneys for the detained families, on May 13 and 14, ICE gave the parents a “binary choice:” agree for their child to be released without them or waive the child’s right to release under the longstanding Flores settlement that governs custody of immigrant children.

 

ICE Detainee Who Died Of Covid-19 Suffered Horrifying Neglect

Intercept: The men who were with Escobar Mejia in his final days say they did everything they could to alert ICE and CoreCivic, the private prison corporation that runs Otay Mesa, of his worsening condition, and that the officials responsible for his well-being failed to take those alerts seriously. See also Second man with COVID-19 dies in US immigration custody.

 

Mexico’s President Says Most Domestic Violence Calls Are ‘Fake’

NTY: The leader compared the requests for help to prank calls, the latest controversy over his government’s response to record levels of violence against women.

 

LITIGATION/CASELAW/RULES/MEMOS

 

SCOTUS Held that Courts Can Review Factual Challenges to a CAT Order

The Supreme Court found that 8 U. S. C. § 1252(a)(2)(C) and (D) do not preclude judicial review of factual challenges to an order denying relief under CAT, which protects noncitizens from removal to a country where they would likely face torture. (Nasrallah v. Barr, 6/1/20) AILA Doc. No. 20060132

 

Federal Court Rules Trump Administration Must Provide Fair Hearings For Immigrants

CAIR: A federal court has ruled the Trump administration must provide fair hearings for people in immigration detention and requires the government to justify detention at a bond hearing. The ruling also requires immigration judges to consider people’s financial circumstances when setting bond amounts and forms of release.

 

CA1 Upholds Denial of Asylum to Salvadoran Petitioner Where IJ and BIA Relied on Boston’s “Gang Assessment Database”

The court upheld the BIA’s denial of asylum, finding that the IJ’s adverse credibility determination was supported by substantial evidence, and that the introduction of law enforcement gang database records did not violate the petitioner’s due process rights. (Diaz Ortiz v. Barr, 5/15/20) AILA Doc. No. 20052634

 

CA1 Finds Petitioner Pardoned by Connecticut Board of Pardons and Paroles Was Eligible for a Pardon Waiver

The court held that the BIA erred when it found that the pardon issued to the petitioner by the Connecticut Board of Pardons and Paroles was not effective for purposes of establishing entitlement to a waiver of removal under INA §237(a)(2)(A)(vi). (Thompson v. Barr, 5/21/20) AILA Doc. No. 20052636

 

CA2 Holds Misprision of Felony is not a CIMT – Mendez v. Barr

Justia: The court held that the government failed to show that misprision rises to the level of base, vile, conscience-shocking conduct traditionally attributed to the gravest and most inherently evil offenses. Furthermore, nothing in the misprision statute suggests that the crime has, as an element, the fraudulent intent necessary for misprision to constitute a CIMT.

 

CA3 Holds BIA Erred in Retroactively Applying Matter of Diaz-Lizarraga to Find Petitioner Removable

The court granted the petition for review, holding that the BIA erred in retroactively applying the new standard for theft-related crimes involving moral turpitude (CIMTs) that it had promulgated in Matter of Diaz-Lizarraga to the petitioner. (Francisco-Lopez v. Att’y Gen., 5/15/20) AILA Doc. No. 20052637

 

CA5 Upholds BIA’s Asylum Denial to Mexican Petitioner Whose Father Was Extorted by Zetas Drug Cartel

Finding that substantial evidence supported BIA’s denial of asylum, the court held that petitioner had failed to meet his burden to establish that it would be unreasonable for him to relocate to another part of Mexico, away from his father’s extortionists. (Munoz-Granados v. Barr, 5/12/20) AILA Doc. No. 20052638

 

CA6 Holds BIA Erred in Finding That Asylum-Seeking Mayan Indigenous Woman Could Reasonably Relocate Within Guatemala

The court found that the BIA’s conclusion that the government showed by a preponderance of the evidence that the Guatemalan petitioner could internally relocate and that it would be reasonable for her to do so was not supported by substantial evidence. (Juan Antonio v. Barr, 5/19/20) AILA Doc. No. 20052640

 

CA6 Says Withholding Applicants Must Be Given the Chance to Explain Why Corroborative Evidence Is Not Reasonably Available

Granting the petition for review of the BIA’s denial of withholding of removal, the court found that the IJ and BIA erred in failing to give the petitioner an opportunity to explain why he could not reasonably obtain certain corroborative evidence. (Guzman-Vazquez v. Barr, 5/18/20) AILA Doc. No. 20052639

 

CA7 Says BIA Held Petitioner to Unduly Demanding Burden on Ineffective Assistance of Counsel Allegation

The court found that the BIA should not have faulted petitioner for failing to provide his initial counsel with information significant to a potential U visa application, but denied petition for review because he could not prove prejudice. (Alvarez-Espino v. Barr, 3/6/20, amended 5/20/20) AILA Doc. No. 20031802

 

CA9 Finds It Lacks Jurisdiction to Consider Petitioner’s “Settled Course” Argument Where BIA Denied Sua Sponte Reconsideration

The court held that the petitioner’s “settled course of adjudication” argument was barred by the court’s general rule that it lacks jurisdiction to review claims that the BIA should have exercised its sua sponte power in a given case. (Lona v. Barr, 5/15/20) AILA Doc. No. 20052641

 

CA10 Says Post-Departure Bar Does Not Eliminate an IJ’s Jurisdiction to Move Sua Sponte to Reopen Removal Proceedings

The court held that the BIA erred in ruling that the IJ lacked jurisdiction to move sua sponte to reopen petitioner’s removal proceedings, finding that the post-departure bar does not apply to the IJ’s own sua sponte authority to reopen removal proceedings. (Reyes-Vargas v. Barr, 5/14/20) AILA Doc. No. 20052642

 

District Court Orders ICE to Explain Why It Cannot Immediately Begin Testing NWDC Detainees for COVID-19

A federal court in Washington ordered ICE to explain why it cannot immediately begin testing detainees at the Northwest Detention Center (NWDC) for COVID-19 on a voluntary basis and implement a plan for those that refuse testing. (Castañeda Juarez v. Asher, 5/28/20) AILA Doc. No. 20060133

 

Complaint Requesting an Injunction Against the April 2020 Proclamation to Protect Minors from Aging Out

AILA and partners filed a complaint requesting a preliminary and permanent injunction enjoining the government from implementing or enforcing any part of the April 20, 2020, Proclamation to protect minors who may age out. (Gomez, et al., v. Trump, et al., 5/28/20) AILA Doc. No. 20052837

 

Civil Rights Coalition Files Lawsuit to Protect Families from Decades of Separation

AILA, Justice Action Center, and Innovation Law Lab, with pro bono support from Mayer Brown LLP, have filed a lawsuit on behalf of U.S. citizens and LPRs petitioning for their children and derivative relatives to join them in the U.S. who would “age-out” while the administration’s ban is in place. AILA Doc. No. 20052838

 

EOIR Announces New BIA Chairman

EOIR announced the appointment of David H. Wetmore as the chairman of the Board of Immigration Appeals (BIA). Wetmore was appointed by Attorney General William Barr as the Chief Appellate Immigration Judge of the BIA in May 2020. Notice includes Wetmore’s biographical information. AILA Doc. No. 20052932

 

Practice Alert: DHS and DOJ Issue Joint Statement Rescheduling Migrant Protection Protocols (MPP) Cases

On May 10, 2020, DOJ EOIR and DHS issued a joint statement on the rescheduling of MPP hearings. This practice alert provides an overview of the changes made by this statement to prior DHS procedures for MPP cases without individual notice to affected migrants or their attorneys. AILA Doc. No. 20051347

 

USCIS Lockbox Rejecting Some I-485 Adjustment of Status Applications

AILA has recently been made aware that USCIS has been issuing notices to applicants and attorneys regarding Form I-485 adjustment of status applications that were wrongfully rejected by the Lockbox on the basis of an expired form version. AILA Doc. No. 20041738

 

CDC Order Extending and Amending Order Suspending the Introduction of Certain Persons from Canada and Mexico

CDC order extending the 3/20/20 order that suspended the introduction of certain persons traveling from Canada and Mexico until the CDC determines that the danger of further introduction of COVID-19 into the United States has ceased to be a serious danger to the public health. (85 FR 31503, 5/26/20) AILA Doc. No. 20052037

 

RESOURCES

 

 

EVENTS

 

Note: Check with organizers regarding cancellations/changes

 

ImmProf

 

Monday, June 1, 2020

Sunday, May 31, 2020

Saturday, May 30, 2020

Friday, May 29, 2020

Thursday, May 28, 2020

Wednesday, May 27, 2020

Tuesday, May 26, 2020

Monday, May 25, 2020

 

This email, including any attachments, may contain information that is legally privileged and/or confidential. If you are not the person this email was intended to reach, then do not share, distribute, or copy it. Please notify the person who sent this email immediately and then delete the email, including any attachments.

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

I particularly recommend the first item in Elizabeth’s report, “Do Black Lives Matter in the immigrants rights movement?” by Jamila Osman. “The immigrant rights movement has never fully addressed the needs of black migrants in its advocacy work.”

The Trump regime’s “Dred Scottification Project,” often aided by a feckless Congress and complicit Article III Courts, is part of a White Nationalist, far-right agenda that aims at dehumanizing a much larger group than migrants and the Hispanic community. They just happen to be the convenient, easy victims, as shown by the effective repeal of Constitutional due process protections, asylum laws, and immigration laws by the regime using Executive fiat and obvious pretexts (many middle schoolers in the U.S. probably could tell you exactly what Trump’s racist intent is, even if the J.R. Five, the Fifth Circuit Court of Appeals, certain panels of the Second Circuit, and most of the GOP disingenuously claims otherwise) that have garnered neither the widespread outrage (short of a few feckless Dems) nor effective “pushback” from Congress and the Article III Courts that they deserved! 

The African-American community is no stranger to the abuses heaped on people of color by bogus and disingenuous calls for “law and order.” The treatment of Haitian TPS holders is every bit as outrageous, racist, and lawless as the Administration’s threats to end DACA — threats enabled and made worse by a Supreme Court without the courage and decency to do its job and  “just say no” to the regime’s continuing White Nationalist abuses of our Constitution, our laws, and our national humanity. 

What might recent history have been if the Supremes had stood up to Trump’s initial Constitutionally abusive, politically motivated, racially and religiously bigoted pretextual “Travel Ban” instead of going “belly up” and fecklessly inviting more abuses in the name of fabricated “national security?”  What if Congress by veto-proof margins had stood up for the legal rights of asylum seekers at the Southern Border and of brown-skinned children not to be “put in cages?” Instead, many GOP politicos actually joined in and egged on these disgusting abuses of humanity and degredations of our justice system. What if the Supremes had delivered a united condemnation of the GOP’s overtly racist schemes to disenfranchise minority voters and deny them the political power they have earned? Everybody ultimately pays a price for spinelessness in the face of tyranny!

America needs and deserves better, from our Executive, our Congress, and our Courts. There’s unlikely to be much long-term equilibrium and “normalcy” in the U.S. until we get substantial changes in the composition, competency, and compassion of all three branches of our failing Government and its democratic institutions.

Government is actually there to provide and guarantee “equal justice for all,” not for the self-preservation of existing institutions and those privileged ones who temporarily inhabit them and apparently believe themselves to be “above the fray” and the human pain and suffering caused by their fecklessness and complicity.

It’s also worth noting, that despite the lack of a systemic response from the Article III’s putting an end to EOIR’s unconstitutionally abusive “enforcement masquerading as a court” system, individual court decisions continue to find abuses by the BIA in fairly applying the “basics” of asylum and immigraton laws. Elizabeth’s report lists a number of recent instances.

Oh, that the Article IIIs would “connect the dots” and ask themselves why a system supposedly set up to provide due process to individuals regularly goes out of its way to misapply the law to wrongfully subject individuals to deportation, sometimes to situations where they have a substantial risk of death or torture upon return?

This November, vote like you life depends on it. Because it does!

Due Process Forever! Complicit Institutions & Those Who Hide in Them, Never!

PWS

06-02-209

Related posts:

  1. THE GIBSON REPORT — 06-22-20 – Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group – WORLD REFUGEE DAY WAS JUNE 20 – AMERICA’S TRUMP REGIME CELEBRATED BY ADVANCING A DISINGENUOUS RACIST ATTACK ON WORK AUTHORIZATION FOR ASYLUM SEEKERS – Just A Few Days After 8 Justices of Supremes Claimed Cluelessness About Trump’s Racist Immigration Agenda! (See, Item #2 Under “Top News”)
  2. 🇺🇸THE GIBSON REPORT — 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!🏴‍☠️
  3. GEORGE PACKER @ THE ATLANTIC: With Failed Institutions & Lousy Leaders, Including a President Leading the Charge to the Bottom, America Faces An Uncertain Future — “A responsible establishment doesn’t exist. Our president is one of the rioters.” — Joe Biden & The Dems Could Be The Last, Best Hope For American Democracy & Real Progress Toward “Equal Justice For All!”
  4. JAMELLE BOUIE @ NYT: The Police & Often The Misuse of a “Bogus Rule of Law” (when used to allow the empowered to run roughshod over the legal and human rights of “the other”) Are Long-Standing Roadblocks to a Fair & Just Society —“The simplest answer to the question ‘Why don’t the American police forces act as if they are accountable to black Americans?’ is that they were never intended to be.”

THE GIBSON REPORT — 05-04-20 — Compiled by Elizabeth Gibson, Esquire, NY Legal Assistance Group! — Get The Latest On Regime’s Shenanigans 👺🤮☠️ 👹 & White Nationalist Assaults on The Rule of Law!

Elizabeth Gibson
Elizabeth Gibson
Attorney, NY Legal Assistance Group
Publisher of “The Gibson Report”
 

COVID-19

Note: Policies are rapidly changing, so please verify the latest information on the relevant government websites and with colleagues on listservs as best you can.

 

New

 

Closures

 

Guidance:

 

 

TOP NEWS

 

Human Rights at Risk: The Immigration Courts Are in Need of an Overhaul

ABA (by IJ Tsankov): These controversial new policies have become so pervasive and so threatening to judicial independence that they have raised alarms. What began in 2018 as a few dramatic instances involving the abrupt removal and reassignment of cases from an immigration judge’s docket previewed the agency’s more recent alarming actions where the shuffling of scores of cases and entire dockets sometimes multiple times within a single day has become the norm.

 

Desert or sea: Virus traps migrants in mid-route danger zone

AP: Migrants have been dropped by the truckload in the Sahara or bused to Mexico’s border with Guatemala and beyond. Others are drifting in the Mediterranean after European and Libyan authorities declared their ports unsafe. And around 100 Rohingya refugees from Myanmar are believed to have died in the Bay of Bengal, as country after country pushed them back out to sea.

 

US prosecutors allege ‘El Tigre’ trafficked cocaine on behalf of Honduran president

Guardian: Prosecutors also allege that Bonilla was entrusted with “special assignments, including murder” by President Hernández – who is identified as a co-conspirator – and his brother, Tony.

 

El Salvador’s President Takes On The Country’s Gangs Amid Coronavirus Pandemic

NPR: El Salvador’s president authorized the country’s police and military to use lethal force against gang members, who over the weekend were allegedly responsible for the murders of dozens of people. Along with the emergency orders, President Nayib Bukele put all incarcerated gang members on a 24-hour shutdown.

 

Fearing an undercount, advocates say census outreach is getting crushed by coronavirus

NBC: [A]s the pandemic puts the census count on hold for months while states wait to come out of lockdown, advocates warn that their outreach efforts are coming up short — increasing the odds that the communities that need federal help the most won’t get their fair share in the coming decade.

 

Trump renews threats to withhold federal funds from sanctuary cities amid pandemic

CNN: The threat to withhold aid, while new in the context of coronavirus, has been acted upon by the Trump administration before. As was the case with those efforts in different circumstances, any renewed push to use funds as leverage is likely to be challenged in court. See also Seventh Circuit Rejects Trump’s Effort to Defund Sanctuary Cities, Affirms Nationwide Injunction.

 

Los New Yorkers: Essential and Underprotected in the Pandemic’s Epicenter

ProPublica: More than 400 Mexican migrants are known to have died of COVID-19 in the New York area, but for health reasons, Mexico will only accept their bodies if they are cremated. In place of seeing the body one last time, Lopez’s brother was sent photos by the funeral home, which will hold the cremains while the family figures out how to get them to Mexico.

 

Maya villages in Guatemala spurn U.S. deportees as infections spike

Reuters: Guatemala’s indigenous Maya towns are spurning returned migrants, threatening some with burning their homes or lynching as fear spreads about more than 100 deportees from the United States who tested positive for the new coronavirus.

 

Why Is the Immigration System Picking Up Legal Immigrants?

National Interest: According to a recent USCIS data release in response to a FOIA, E‐​Verify was run 17,909 times against TPS migrants by employers in the 4th quarter of fiscal year 2019. Of those 17,909 E‐​Verify queries run against TPS migrants, E‐​Verify approved 16,299 of them to work and issued 1,610 with a TNC [tentative non‐​confirmation]. In other words, about 9 percent of the E‐​Verify cases run against those on TPS in the 4th quarter of 2019 were mistakenly labeled at TNCs.

 

Trump’s Green Card Ban May Free Up More Employment Visas

Law360: [I]n reality, the order primarily limits categories of family-based immigration and as a result may actually end up making more visas available to would-be immigrants coming to the U.S. for job offers in the future if unused family visas roll over.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Executive Office for Immigration Review Swears in Three New Board Members

Philip Montante: 96.3% asylum denial rate.

Kevin Riley: 88.1% asylum denial rate.

Aaron Petty: Former OIL Counsel.

 

Legal Services NYC Sues NYC Immigration Courts for Refusing to Postpone Filing Deadlines Amid COVID-19, Putting Countless Lives at Risk

LSNYC: Lawsuit accuses DOJ’s Executive Office of Immigration Review (EOIR) of endangering the lives of immigrants, advocates, and the public by continuing to make them meet filing deadlines, in violation of city and state public health orders and litigants’ due process rights. Over 17,500 people have died from COVID-19 in New York State, and nearly 300,000 are infected.

 

Plaintiffs Will Continue Fight to Halt Dangerous and Unconstitutional Practices by EOIR and ICE

The decision denying the emergency TRO in NIPNLG, et al., v. EOIR, et al., is deeply disappointing; the lawsuit against EOIR and ICE was brought to protect the health of attorneys, immigrants, and the public from the impact of dangerous and unconstitutional policies. AILA Doc. No. 20042800

 

DHS Notice Containing Text of Asylum Cooperative Agreement with Honduras

DHS notice containing the text of the Asylum Cooperative Agreement between the United States and Honduras, which was signed on 9/25/19. (85 FR 25462, 5/1/20) AILA Doc. No. 20050138

 

DHS Final Rule Delaying Date for Card-Based Enforcement of REAL ID Regulations

DHS final rule delaying the date for card-based enforcement of the REAL ID Act regulations from 10/1/20 to 10/1/21. (85 FR 23205, 4/27/20) AILA Doc. No. 20042700

 

EOIR Final Rule Extending Bar for Asylum in the Commonwealth of the Northern Mariana Islands

EOIR final rule amending the regulations to conform to changes made by Public Law 115-218, which extended the bar for asylum in the CNMI by 15 years, providing that the current bar will continue to apply for asylum applications submitted prior to 1/1/30. (85 FR 23902, 4/30/20) AILA Doc. No. 20050130

 

CBP Issues Statement on Border Search of Electronic Devices

CBP issued a statement on border searches of electronic devices, noting that in FY2019, it conducted 40,913 electronic device searches, representing .01 percent of arriving international travelers. CBP also provided a month-to-month comparison of electronic device searches from FY2017 to FY2019. AILA Doc. No. 20042730

 

RESOURCES

 

 

EVENTS

   

Note: Check with organizers regarding cancellations/changes

 

ImmProf

 

Monday, May 4, 2020

Sunday, May 3, 2020

Saturday, May 2, 2020

Friday, May 1, 2020

Thursday, April 30, 2020

Wednesday, April 29, 2020

Tuesday, April 28, 2020

Monday, April 27, 2020

 

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

Thanks Elizabeth, providing “easy access” to information  and resources that the regime doesn’t want folks to know or have.

Trump’s “war on coronavirus” clearly is bogus. But, his “war on our Constitution, the rule of law, and due process” is all too real. In this war, information is power. And, certainly, thanks to folks like Elizabeth, the NDPA’s information is better and our lawyers are smarter and better prepared than Trump’s. 

Due Process Forever!

PWS

05-04-20

Related posts:

  1. A VERY TRUMPY CHRISTMAS:  PERVERTING ASYLUM REGS; USING VULNERABLE KIDS AS BAIT; ORBITING REFUGEES TO DEADLY ASYLUM-FREE ZONES; SCREWING WITH LEGAL IMMIGRANTS; DEATH CAMPS; STAR CHAMBERS; MORE PROSECUTORS AS JUDGES; & OTHER “GIFTS” FROM THE REGIME & ITS ARTICLE III JUDICIAL ENABLERS — Get The “Holiday Horror Update” On All Of America’s Human Rights Abuses & Gratuitous Cruelty From The Gibson Report 12-23-19 
  2. KEEP UP TO DATE WITH ALL OF THE REGIME’S LATEST ANTI-IMMIGRANT SCHEMES, GIMMICKS, & SHENANIGANS – THE GIBSON REPORT – 01-06-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  3. THE GIBSON REPORT — 03-02-20 — Compiled by Elizabeth Gibson, Esquire, NY Legal Assistance Group
  4. THE GIBSON REPORT — 07-06-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

The Gibson Report — 04-13-20 — Compiled by Elizabeth Gibson, Esquire, NY Legal Assistance Group

Elizabeth Gibson
Elizabeth Gibson
Attorney, NY Legal Assistance Group
Publisher of “The Gibson Report”
 

COVID-19

Note: Policies are rapidly changing, so please verify the latest policies on the relevant government websites and with colleagues on listservs as best you can.

 

New

  • BIA Email Filings: The BIA is now accepting email filings for limited purposes. This guidance is separate from the previously posted general IJ email filing guidance.
  • OCAHO Email Filings: Until further notice, complainants can file new complaints by emailing the complaint and all required attachments
  • IJ Email Filings: The new email filing system seems to sometimes send a confirmation email but sometimes it does not. IJs also have sometimes not had access to confirmed email filings at hearings.
  • EOIR Standing Orders Relocated from the main Practice Manual PDF to separate Appendix R PDF.
  • Bond: The New York Field Office is not processing bonds until further notice. The Newark office may serve as an alternative.
  • Parole Requests: Are being accepted by mail at 26Fed and Varick in New York. See also attached ICE Guidance on Discretionary Release.
  • ICE-Appointments: NY Field Office OSUP appointments are canceled through April 30.
  • A running list of positive coronavirus cases at county jails in North Jersey
  • ACIJ Changes: Effective Monday, April 13, Immigration Judge David Cheng will begin serving as the Assistant Chief Immigration Judge overseeing the Newark and Elizabeth immigration courts, replacing ACIJ Carrie C. Johnson-Papillo, who will now serve exclusively as the ACIJ at the New York – Federal Plaza Immigration Court. ACIJ Cheng will be based out of the Newark Immigration Court.
  • ESTA/Visa Waiver Extensions related to COVID-19 for JFK/EWR
  • Coronavirus Tax Relief and Economic Impact Payments(includes several different helpful flyers)
  • ONA COVID-19 Flyer Now Available in Multiple Languages

 

Closures

 

Guidance:

 

 

US-Mexico border: Thousands of migrants expelled under coronavirus powers

BBC: The US has expelled more than 6,300 undocumented migrants on its Mexico border using emergency powers to curb coronavirus spread, officials say.

 

DHS Expands Efforts to Collect DNA Samples from Immigrants

NIP: In early 2020, the Trump Administration began implementing a multi-pronged effort to collect DNA samples from immigrants to be used by federal and state law enforcement authorities to investigate crimes. Beginning April 8, 2020, the U.S. Department of Homeland Security (DHS) is authorized to collect DNA from all detained immigrants.

 

N.J. has more immigrant detainees with the coronavirus than any other state

NJ.com: Almost one-third of all federal detainees infected with the coronavirus are being held in New Jersey, according to the latest figures from U.S. Citizenship and Immigration Services.

 

City’s Undocumented Latinos, Many on the Front Lines, Feel Abandoned Amid Pandemic

CityLimits: Without help from the government, community-based organizations are trying to fill that gap. Mixteca Organization is providing prepaid $250 debit cards to 100 families in distress in the immigrant community of Sunset Park.

 

ICE Arrests Teenager at Shelter Despite Pandemic, Places Him in Solitary Confinement

DocumentedNY: Jorge, who asked to be referred to only by his first name for fear of reprisal, was arrested by ICE on his 18th birthday from a shelter in Westchester, New York on March 18. He was then transferred to the Orange County Correctional Facility, according to attorneys at the Brooklyn Defender Services. See also “We are trapped”: Immigrant women detained during pandemic speak out.

 

Chinese workers in the US are losing their visas with their jobs. But flying home to China is too expensive

CNN: There are no official statistics on how many Chinese nationals in the US have lost jobs as a result of the coronavirus pandemic, but CNN has seen two groups on WeChat, a “must-have” messaging platform for the Chinese diaspora, in which hundreds of people claiming to be in this situation share stories and exchange information.

 

White House Seeks To Lower Farmworker Pay To Help Agriculture Industry

NPR: New White House Chief of Staff Mark Meadows is working with Agriculture Secretary Sonny Perdue to see how to reduce wage rates for foreign guest workers on American farms, in order to help U.S. farmers struggling during the coronavirus, according to U.S. officials and sources familiar with the plans. See also Shortage of Farmworkers Threatens Americans’ Food Supply During the Coronavirus.

 

Quarantine in Solitary Confinement and Attorneys Wear Swimming Goggles to Court, as Batavia Grapples With the Coronavirus Pandemic

DocumentedNY: According to detainees at Batavia, U.S. Immigration and Customs Enforcement has blocked all visits to doctors unless they have a coronavirus related emergency; meaning many who have long-term chronic conditions have to go without care.

 

Migrant Children Still Face Speedy Deportation Hearings in COVID-19 Hotspots

Marshall Project: In two courthouses in the center of the besieged city, hearings for unaccompanied children—migrants who were apprehended without a parent—are speeding forward. The U.S. Department of Justice, which controls the immigration courts, has said it has no plan to suspend them.

 

The Hidden Impact of Removal Proceedings on Rural Communities

TRAC: Although the Immigration Courts with the largest backlogs of cases are located in large cities, the latest Immigration Court records show that when adjusted for population, many rural counties have higher rates of residents in removal proceedings than urban counties.

 

LITIGATION/CASELAW/RULES/MEMOS

 

SDNY TRO grant for Essex detainees with more serious criminal justice contact (see attached)

NYIFUP: On Friday night, Judge Torres granted a TRO for two people BDS represents detained at Essex (the third person was released post-filing) in a decision with some great language against severing a group petition and about the continuing danger at Essex. Torres cited to the declarations filed for two of the “Basank 10,” Mr. Picasso and Mr. Pena, who wanted to share their experiences to help others. This win is very gratifying also because these two clients have more serious criminal justice contact than in other recent habeas cases, but Judge Torres agreed that they should still be released and the real issue is what conditions are appropriate.

Also, Judge Arleo of the DNJ issued a TRO for the immediate release of 5 individuals held in Hudson and Bergen County Jails.

 

Emergency TRO Filed in District Court Due to EOIR and ICE’s Handling of Immigration Cases During COVID-19 Pandemic

AILA, the Immigration Justice Campaign, the NIPNLG, and several detained individuals filed an emergency TRO challenging EOIR’s operation of in-person immigration court hearings and ICE’s conditions of confinement during the COVID-19 pandemic. (NIPNLG et al., v. EOIR et al., 4/8/20) AILA Doc. No. 20040830

 

AILA and Others Sue to Challenge Lack of Access to Counsel in Immigration Detention

A district court judge issued a TRO, given the COVID-19 pandemic, granting relief to individuals detained in Adelanto ICE Processing Center through 4/25/20, and asked the government why he should not convert this order into a preliminary injunction. (Torres, et al. v. DHS, et al., 4/11/20) AILA Doc. No. 18121703

 

Matter of K-S-E-, 27 I&N Dec. 818 (BIA 2020)

For purposes of determining whether an alien is subject to the firm resettlement bar to asylum, a viable and available offer to apply for permanent residence in a country of refuge is not negated by the alien’s unwillingness or reluctance to satisfy the terms for acceptance.

 

Challengers to Trump’s Uninsured Immigrant Ban Win Cert.

Law360 reports that a federal judge granted class certification in the lawsuit filed by AILA and partners challenging the president’s healthcare proclamation. AILA Director of Litigation Jesse Bless called it an “important step towards making sure the proclamation never becomes effective.” AILA Doc. No. 20040961

 

First circuit rules against challenge to naturalization oath

ImmProf: The court found the inclusion of “so help me God” as a means of completing the naturalization oath does not violate the First or Fifth Amendments or RFRA.

 

A Stunning Fifth Circuit Asylum Decision: An Analysis of Inestroza-Antonelli v. Barr

ImmProf: In the very first paragraph, the essence of the decision is announced: “Without addressing the coup, the BIA found that any change in gender based violence was incremental or incidental and not material. Because this conclusion is not supported by the record, we grant the petition and remand.”… The most notable thing about the panel’s 2-1 decision besides its well thought-out reasoning is the lack of any discussion involving Matter of A-B-, 27 I & N Dec. 316 (A.G. 2018), anywhere in either the majority’s or dissent’s decisions.

 

President Memorandum on Visa Sanctions

The President issued a memo directing the Secretary of State to impose visa sanctions pursuant to INA section 243(d) on any foreign country that denies or delays the acceptance of its citizens after being asked to accept them, and if such denial or delay impedes DHS operations regarding COVID-19. AILA Doc. No. 20041300

 

ICE Issues Guidance on COVID-19

ICE issued guidance on its response to the COVID-19 pandemic. ICE confirmed that as of 4/10/20, 50 detainees, 15 detention facility personnel, and 66 ICE employees, have tested positive for COVID-19. AILA Doc. No. 20031658

 

USCIS 30-Day Extension of Comment Period on Proposed Revisions to Form I-864 and Related Forms

USCIS 30-day extension of a comment period originally announced at 84 FR 55167 on proposed revisions to Form I-864, Affidavit of Support Under Section 213A of the INA, as well as Forms I-864EZ and Form I-864A. Comments are now due 5/11/20. (85 FR 20292, 4/10/20) AILA Doc. No. 20041030

 

ICE Releases Memo on COVID-19 Action Plan for ICE-Dedicated Facilities

ICE issued a memo on its COVID-19 action plan for ICE Health Service Corps (IHSC)-staffed and non-IHSC-staffed, ICE-dedicated facilities. The memo was released by ICE as an exhibit in Fraihat v. ICE. AILA Doc. No. 20040901

 

USCIS Reminder of New Version of Form I-9

USCIS notice that a new version of Form I-9 (Employment Eligibility Verification) with a version date of ‘‘(Rev. 10/21/2019)’’ is available for use beginning today, 1/31/20. Employers may continue using the prior version of the form until 4/30/20. (85 FR 5683, 1/31/20) AILA Doc. No. 20013130

 

USCIS Issues Policy Guidance on Liberian Refugee Immigration Fairness

USCIS issued policy guidance in the USCIS Policy Manual regarding eligibility requirements, filing, and adjudication of adjustment of status applications based on the Liberian Refugee Immigration Fairness (LRIF) law. The guidance is effective immediately. Comments are due May 7, 2020. AILA Doc. No. 20040730

 

ACTIONS

 

 

RESOURCES

 

    • Africa
      • Nigeria: Criminalization on the Basis of Sexual Orientation or Gender Identity (AFR2020-05) – ENG
      • Angola : Homosexualité (AFR2020-04) – FR
    • Asia
      • Mongolia: Treatment of mixed ethnicity persons (AFG2020-01) – ENG
    • CIS
      • Ukraine: Drafting into the Ukrainian Army (CIS2019-12) – ENG
    • Global
  • El Salvador: Domestic violence (GLO2019-43) – ENG
  • Venezuela: Treatment of Family Members of Pro-Democracy Groups and Users of Social Media Spreading Anti-Government Posts (GLO2020-03)- ENG
  • Honduras: Harm to PAC (Anti-Corruption) Party Members (GLO2019-43) – ENG
    • MENA

 

EVENTS

   

Note: Check with organizers regarding cancellations/changes

 

ImmProf

 

Monday, April 13, 2020

Sunday, April 12, 2020

Saturday, April 11, 2020

Friday, April 10, 2020

Thursday, April 9, 2020

Wednesday, April 8, 2020

Tuesday, April 7, 2020

Monday, April 6, 2020

 

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

Thanks Elizabeth. As you have noted, policies are changing almost by the hour, so always prudent to check to make sure you have the latest!

PWS

04-13-20

Related posts:

  1. THE GIBSON REPORT — 06-22-20 – Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group – WORLD REFUGEE DAY WAS JUNE 20 – AMERICA’S TRUMP REGIME CELEBRATED BY ADVANCING A DISINGENUOUS RACIST ATTACK ON WORK AUTHORIZATION FOR ASYLUM SEEKERS – Just A Few Days After 8 Justices of Supremes Claimed Cluelessness About Trump’s Racist Immigration Agenda! (See, Item #2 Under “Top News”)
  2. THE GIBSON REPORT — 09-15-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  3. THE GIBSON REPORT ⚖️🗽🇺🇸— 10-26-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — DHS & EOIR Accelerate Trashing Of Due Process, Human Rights In Desperate Push To Re-Elect Trump! — New Report Debunks, Discredits Trump DHS’s Mythical Claim That “Sanctuary Cities” Promote Crime!
  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 — 03-02-20 — Compiled by Elizabeth Gibson, Esquire, NY Legal Assistance Group

THE GIBSON REPORT — 03-02-20 — Compiled by Elizabeth Gibson, Esquire, NY Legal Assistance Group

Elizabeth Gibson
Elizabeth Gibson
Attorney, NY Legal Assistance Group
Publisher of “The Gibson Report”

TOP UPDATES

 

Federal judge rules Cuccinelli appointment unlawful

Politico: The order strikes down directives from Cuccinelli that sped up asylum-seekers’ initial screenings limited extensions of those hearings, on the grounds that Cuccinelli lacked authority to issue them.

 

New Rule Seems Designed to Halt Valid Immigration Court Petitions By Drastically Hiking Fees

AILA expressed serious concerns about a new proposed rule that would detrimentally impact individuals seeking a fair day in immigration court by drastically increasing fees required for forms submitted to EOIR. [Fee to appeal an immigration judge decision would go from $110 to $975.] AILA Doc. No. 20022800

 

Appeals court pauses its ruling that dealt major blow to administration’s immigration agenda

CNN: A federal appeals court temporarily allowed the Trump administration to continue sending migrants to Mexico to wait for their immigration hearings in the US, hours after issuing a ruling that ended the policy.

 

Sanctuary States, City Lose Appeal on Federal Grant Cuts

Courthouse News: Reversing a sweeping injunction, the Second Circuit gave the Justice Department a green light Wednesday to withhold funding from New York City and seven states in retaliation for their sanctuary policies on immigration. See also TRAC Reports That ICE Sent Detainers to 3,671 Law Enforcement Agencies in FY2019.

 

An Anti-Immigrant Law That Goes Too Far, Even for the Supreme Court

Slate: Remarkably, a majority of the justices seemed prepared to invalidate the statute, or at least dramatically narrow its scope. As hostile as this court is to immigrants, it may draw the line at a law that literally criminalizes immigration advocacy.

 

White House chief of staff Mick Mulvaney caught on tape saying US is “desperate” for more immigrants

Salon: He further undermined the administration’s claims of its economic prowess, admitting that immigration is necessary for sustained economic growth. See also U.S. population will decline faster without steady immigration, Census report says.

 

The Department of Justice Creates Section Dedicated to Denaturalization Cases

DOJ: The Denaturalization Section will join the existing sections within the Civil Division’s Office of Immigration Litigation—the District Court Section and the Appellate Section.  This move underscores the Department’s commitment to bring justice to terrorists, war criminals, sex offenders, and other fraudsters who illegally obtained naturalization.

 

The Trump Administration Is Gagging America’s Immigration Judges

Atlantic: For more than two years, immigration judges have been subject to a policy that more or less prevents them from performing an essential part of their civic duties: speaking publicly about their work.

 

The Absurdity and Danger of Trump’s Deal to Send Asylum Seekers to Guatemala

MJ: Since the first flight in November, the Trump administration has sent more than 700 Hondurans and Salvadorans to Guatemala, about 75 percent of whom are women and children.

 

An early look at the 2020 electorate

Pew: Taken together, this strong growth among minority populations means that a third of eligible voters will be nonwhite in 2020, up from about a quarter in 2000. This increase is at least partially linked to immigration and naturalization patterns: One-in-ten eligible voters in the 2020 election will have been born outside the U.S., the highest share since at least 1970.

 

TRAC Reports on Application of Public Charge Laws in Immigration Removal and Enforcement

Analyzing government records, TRAC found that, in the recent past, public charge laws have rarely been used to remove individuals from the U.S. and that there is “little data to suggest that America’s immigration enforcement institutions are awash in immigrants who are unable to be self-sufficient.” AILA Doc. No. 20022836

 

LITIGATION/CASELAW/RULES/MEMOS

 

I-765 and N/A N/A N/A None N/A

The I-765 instructions state that all questions must be answered or state “N/A” or (where the question asks for a numerical response, such as number of children) “none.” See also Updated Advisory: Blank Spaces on Form I-918, Petition for U Nonimmigrant Status

 

Page Limits and Laptops at EOIR

EOIR practice manual updates include a 25-page briefing limit and an electronic devices policy that permits the use of laptops. Reports indicate people have been able to use laptops at MCHs and Individuals in NYC. The index of updates starts on page 263 of the practice manual.

 

Attorney General Refers Case to Himself and Then Vacates Board’s Decision on Definition of “Torture”

The AG vacated the BIA’s decision granting deferral of removal under CAT and remanded for review, noting that the BIA should consider de novo respondent’s claim that it is more likely than not that he will be tortured upon return to Mexico. Matter of R-A-F-, 27 I&N Dec. 778 (A.G. 2020) AILA Doc. No. 20022701. See also The Real Message of Matter of R-A-F-.

 

BIA Affirms Ruling That Sexual Offense in Violation of a Maryland Statute Enacted to Protect Minors Is a CIMT

Reaffirming Matter of Jimenez-Cedillo, 27 I&N Dec. 1 (BIA 2017), the BIA ruled that sexual solicitation of a minor in violation of section 3-324(b) of the Maryland Criminal Law is categorically a crime involving moral turpitude. Matter of Jimenez-Cedillo, 27 I&N Dec. 782 (BIA 2020) AILA Doc. No. 20022735

 

Herrera-Reyes v. Barr

CA3: This case presents the question whether and under what circumstances threats of violence may contribute to a cumulative pattern of past persecution when not coupled with physical harm to the asylum-seeker or her family. We conclude the Immigration Judge and the Board of Immigration Appeals erred in holding that Petitioner Jeydi Herrera-Reyes— a Nicaraguan national who received death threats from members of the governing Sandinista Party after her home was burned down, a convoy in which she was traveling came under gunfire, and a political meeting she was organizing was robbed at gunpoint—had not suffered past persecution within the meaning of the asylum statute. We will therefore grant the petition for review and vacate and remand to the BIA.

 

Ali v. Barr

CA5: Nadeem Ali lost his status as a legal permanent resident (“LPR”) when he was convicted of certain drug offenses. He challenges that result by arguing that—at the time of his drug convictions—he was both an LPR and an asylee. The Board of Immigration Appeals (“Board” or “BIA”) disagreed. So do we.

 

Supreme Court Says Bivens’ Holding Does Not Extend to Claim Based on Cross-Border Shooting by CBP Agent of Mexican Teen

The Supreme Court refused to extend a claim under Bivens v. Six Unknown Fed. Narcotics Agents into the new context of cross-border shootings, finding that the family of a Mexican teen could not pursue a damages suit against the CBP agent who shot him. (Hernandez v. Mesa, 2/25/20) AILA Doc. No. 20022601

 

Argument preview: What process is due in streamlined administrative procedures?

SCOTUSblog: Department of Homeland Security v. Thuraissigiam, which will be argued on March 2, raises important questions about whether asylum-seekers may challenge mistakes made during the expedited removal process.

 

DHS employee told to report to work in Newark after China travel, in violation of coronavirus quarantine, complaints say

WaPo: A Department of Homeland Security employee who returned from travel to China was told by her supervisor to report to her workplace in early February in apparent violation of a mandatory 14-day coronavirus quarantine period, according to complaints filed Friday by the union that represents the woman’s co-workers.

 

Safe Horizon and ASISTA File FOIA Request Seeking Immigration Policy Data Related to U-Visa Adjudications

Safe Horizon and ASISTA filed a Freedom of Information Act (FOIA) request with USCIS for immigration policy data on the adjudication of U visa petitions and adjustment of status applications for those granted U visa status. AILA Doc. No. 20022832

 

USCIS Issues Alert on Rescheduling Appointments Due to Coronavirus (COVID-19)

USCIS issued an alert advising individuals to follow instructions on the appointment notice and to reschedule appointments or interviews with USCIS if they were in China within 14 days of their appointment; believe they may have been exposed to COVID-19; or are experiencing flu-like symptoms. AILA Doc. No. 20022736

 

Presidential Proclamation on the Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus

President Trump issued a proclamation that, with some exceptions, suspends and limits entry into the U.S., as immigrants or nonimmigrants, of persons who were physically present in Iran during the 14-day period preceding their entry/attempted entry. This proclamation also amends Proclamation 9984. AILA Doc. No. 20030235

 

USCIS Issues Policy Guidance on the Effect of Breaks in Continuity of Residence on Eligibility for Naturalization

USCIS issued policy guidance clarifying that naturalization applicants absent from the U.S. during the statutory period for more than six months but less than a year must overcome the presumption that the continuity of residence has been broken in order to remain eligible for naturalization. AILA Doc. No. 20022634

 

USCIS Announces Re-Registration Period Now Open for Current TPS Beneficiaries Under Yemen’s Designation

USCIS announced that current beneficiaries of TPS under Yemen’s designation who want to maintain their status through 9/3/21 must re-register between 3/2/20 and 5/1/20. USCIS will issue new EADs with a 9/3/21 expiration date to eligible beneficiaries who timely re-register and apply for an EAD. AILA Doc. No. 20030231

 

RESOURCES

 

  • Updated Advisory: Blank Spaces on Form I-918, Petition for U Nonimmigrant Status
  • Gangs and Modern-Day Slavery in El Salvador, Honduras and Guatemala: A Non-Traditional Model of Human Trafficking
  • Preparing Your Practice for Public Charge Cases
  • ‘How do I convince the Home Office I’m a lesbian?’
  • Practice Pointer: Requesting to Interfile or Transfer the Preference Category of a Pending I-485 Application
  • USCIS Issues Policy Alert on Implementation of Guidance on Inadmissibility on Public Charge Grounds
  • Six Personal and Office Management Questions to Ask When Feeling Overwhelmed
  • AIC fact sheet on sanctuary policies
  • Public Charge Update: Review of DOS Implementation
  • Reverse Migration to Mexico Led to US Undocumented Population Decline: 2010 to 2018
  • No Safe Harbor: The Landscape of Immigration Legal Services in New York

 

EVENTS

 

  • 3/3/20 Promoting Due Process for Immigrants in New York: RSVP to Renuka Sawhney rsawhney@Vera.org by COB today
  • 3/4/20 Incarceration and Detention: Examining the Mass Incarceration and Detention Privatization Movement and Implications for the Public’s Health
  • 3/5/20 Homeland Security Investigations And Human Trafficking
  • 3/10/20 Webinar: Does ICE have access to your driver’s license data?
  • 3/11/2020 New York’s Promise Package Lobby Day
  • 3/16/20 BIA Appeals
  • 3/18/20 Victory for Liberians in the U.S.: Deferred Enforced Departure, A Pathway to Citizenship, and An Immigration Success Story
  • 3/19/20 2020 Updates and Hot Topics in Family-Based Adjustment of Status Cases
  • 3/22-24/20 NITA Advocacy in Immigration Matters
  • 3/23-27/20 Defenders’ Academy
  • 3/26/20 How to Build a Better Affidavit- Literary Techniques for Legal Writing.
  • 3/30/20 Analyzing Criminal Records for Immigration Cases
  • 3/30/20 40-Hour Overview of Immigration Law
  • 4/30/20 2020 Federal Court Litigation Conference
  • 7/23/20 Defending Immigration Removal Proceedings 2020
  • 10/1/20 Representing Children in Immigration Matters 2020: Effective Advocacy and Best Practices

 

ImmProf

 

Monday, March 2, 2020

  • Immigration Article of the Day: Revisiting Economic Assimilation of Mexican and Central American Immigrants in the United States by Giovanni Peri and Zachariah Rutledge
  • Asian American lawmakers are calling on their colleagues to halt the spread of rumors regarding coronavirus, in an effort to curb the rising xenophobia and discrimination tied to the illness
  • The Michigan Compact on Immigration: Business leaders release ‘Michigan Compact’ in support of immigration

Sunday, March 1, 2020

  • Judge rules Cucinelli unlawfully appointed to run DHS
  • Your Playlist: Meklit
  • Trump calls coronavirus criticism Democrats’ ‘new hoax’ and links it to immigration

Saturday, February 29, 2020

  • The Trump Administration Is Gagging America’s Immigration Judges
  • Undocumented, Black, and Unseen
  • Trump Immigration Measures Suffer Setbacks in the Ninth Circuit
  • Ninth Circuit Refuses to Vacate Sheriff Joe’s Contempt Conviction
  • Urban Institute: Date on the Children of Immigrants
  • Scholarship Opportunity for Immigrant Students

Thursday, February 27, 2020

  • Proving Sexuality
  • CU Colloquium Features Research on Citizenship: Mapping Citizenship by Carolina Nunez and Rejecting Citizenship by Rose Cuison-Villazor
  • Growing influence of newly-naturalized voters
  • Newsweek: Democrats Must Hold Immigration Debate on How They Plan to Stop ‘White Supremacists’ Shaping Policy, Advocates Say
  • Second Circuit Rules for Trump Administration in Sanctuary Cities Case

Wednesday, February 26, 2020

  • Berkeley Law: 2020 Riesenfeld Symposium — Borderline: Problems and Perspectives in Global Migration
  • Teaching Padilla
  • Immigration Article of the Day: Reverse Migration to Mexico Led to US Undocumented Population Decline: 2010 to 2018 by Robert Warren
  • The Department of Justice Creates Section Dedicated to Denaturalization Cases
  • Amy Klobuchar’s record as a DA: Anti-immigrant, anti-people of color?
  • Justices Seem Inclined to Find Immigration Criminal Statute to Violate the First Amendment

Tuesday, February 25, 2020

  • U.S. Supreme Court argument preview: What process is due in expedited removal?
  • Conference: NYU School of Law — Immigration, Equal Protection, and the Promise of Racial Justice The Legacy of Jean v. Nelson
  • Legal migration to decline by one-third due to Trump policies
  • Breaking News: Supreme Court decides cross border shooting case
  • DHS Implements Inadmissibility on Public Charge Grounds Final Rule
  • Legal immigration will decline by 30 percent next year due to Trump policies, report projects
  • Supreme Court argument preview: Do federal courts have jurisdiction to review a challenge to an administrative denial of relief under the Convention Against Torture?

Monday, February 24, 2020

  • White House chief of staff Mick Mulvaney caught on tape saying US is “desperate” for more immigrants
  • Refugee Docents Help Bring A Museum’s Global Collection To Life
  • Rothgerber Conference Women’s Enfranchisement: Beyond the 19th Amendment at CU Boulder
  • Supreme Court to Hear Oral Argument in First Amendment/Immigration Case
  • Federal Court Stops DHS From Arresting US Citizens’ Foreign Spouses During Marriage Interviews
  • Visa Indefinitely Delayed for German visiting professor, unable to enter U.S.
  • From the Bookshelves: The Readmission of Asylum Seekers under International Law by Mariagiulia Giuffré

 

*********

Thanks, Elizabeth, for keeping us abreast of all the regime’s assaults on humanity, and then many successful counterattacks being led by the New Due Process Army!

PWS

03-04-20

Related posts:

  1. A VERY TRUMPY CHRISTMAS:  PERVERTING ASYLUM REGS; USING VULNERABLE KIDS AS BAIT; ORBITING REFUGEES TO DEADLY ASYLUM-FREE ZONES; SCREWING WITH LEGAL IMMIGRANTS; DEATH CAMPS; STAR CHAMBERS; MORE PROSECUTORS AS JUDGES; & OTHER “GIFTS” FROM THE REGIME & ITS ARTICLE III JUDICIAL ENABLERS — Get The “Holiday Horror Update” On All Of America’s Human Rights Abuses & Gratuitous Cruelty From The Gibson Report 12-23-19 
  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. 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
  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 – 02-10-20 – 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!

Elizabeth Gibson
Elizabeth Gibson
Attorney, NY Legal Assistance Group
Publisher of “The Gibson Report”

 

TOP UPDATES

 

Attorneys worry over increased secrecy for Customs and Border Protection officers

NBC: The Nation first reported on Tuesday that CBP was granted a “security agency” designation Jan. 31. The new policy grants CBP an additional layer of secrecy by keeping the names of all its officers and other kinds of records from public disclosure under the Freedom of Information Act, also known as FOIA.

 

ICE Is Using Location Data From Games and Apps to Track and Arrest Immigrants, Report Says

VICE: The data is drawn from inconspicuous cell phone apps, like games and weather apps, that ask the user’s permission to access their location. But the data has been used by DHS to “help identify immigrants who were later arrested,” and by CBP to identify cell activity in places such as remote desert areas on the Mexican border, according to the Journal, which said it both reviewed documents and spoke to people “familiar with the matter.”

 

Trump administration proposal to deport Hmong, Lao immigrants draws McCollum’s ire

Star-Trib: The Trump administration appears to be ramping up talks with the Lao government to deport thousands of Hmong and Lao Americans back to Laos, according to Minnesota U.S. Rep. Betty McCollum, who called the proposal “unconscionable” in a letter to Secretary of State Mike Pompeo.

 

Immigration Judges Not Meeting DOJ Production Goals, House Told

Bloomberg: More than half of the Justice Department’s immigration judges didn’t meet case processing goals during the first year that a new production quota was in place, showing that quotas are a bad way to measure performance, the president of the judges’ union told a House panel. See also Lawmakers Warned of Widespread Problems in Immigration Courts.

 

New York State To Sue Trump Administration Over Trusted Traveler Restrictions

NPR: On Friday, Gov. Andrew Cuomo and the New York Civil Liberties Union announced their intention to file lawsuits against the Department of Homeland Security. DHS said this week that it will no longer allow New York state residents to sign up for popular programs intended to speed up international travel because of a state law that blocks immigration authorities from accessing motor vehicle records.

 

NYC-DC tensions over sanctuary policy escalate after ICE agent shoots man in the face

CNN: An agent fired a weapon and struck another another man suspected of interfering with the arrest of Gaspar Avendano-Hernandez — identified by ICE as a twice-removed undocumented immigrant with a 2011 assault conviction. But Kevin Yañez Cruz, who said he witnessed the incident, told CNN Friday the men only resisted outside the Brooklyn home because the agents weren’t wearing badges or ICE uniforms and did not identify themselves as law enforcement.

 

Important Update on Immigration Issues Related to U.S. Permanent Residents Unable to Travel Back to U.S. Due to Coronavirus Outbreak in China

NLR: Spending significant amounts of time outside the United States is a serious problem for any green card holder, including those impacted by the coronavirus.

 

Majority of Tracked Migrants Sent Back to El Salvador by the U.S. Were Killed

Daily Beast: A huge percentage of migrants and asylum seekers from El Salvador who were deported by the United States have been killed, raped or tortured after returning home, according to a new report by Human Rights Watch. See also El Salvador says it’s not ready to receive asylum seekers.

 

Video Shows Controversial Use Of Force Inside An ICE Detention Center

NPR: Detention officers spent several minutes speaking to the detainees, telling them to return to their bunks. They waived a canister of pepper spray in front of them, then attempted to physically move the detainees. The video shows the detainees trying to remain seated with their arms linked. But detention officers would later claim they were inciting a “rebellion” and “assaulting” staff.

 

ICE sweep leads to over 100 arrests in New Jersey

NorthJersey: During the week of Jan. 27, 115 people from various South American, European and African countries were detained by U.S. Immigration and Customs Enforcement, or ICE, according to a statement by the agency.

 

LITIGATION/CASELAW/RULES/MEMOS

 

USCIS Announces Public Charge Rule Implementation

USCIS announced that it will implement the public charge final rule to applications and petitions postmarked or submitted electronically on or after February 24, 2020, except for in Illinois. USCIS will post updated forms, instructions, and policy manual guidance during the week of February 3, 2020. AILA Doc. No. 20013100

Judge orders U.S. to end visa delays for Afghans, Iraqis who worked for U.S. forces

WaPo: The ruling Wednesday by U.S. District Judge Tanya S. Chutkan of Washington, D.C., granted class-action status to all applicants whose visa requests have been pending for more than nine months — a deadline set by statute — and followed a September opinion in which the judge called the government’s justification for delays “tortured and untenable.”

 

Federal Judge Reverses Conviction Of Border Volunteers, Challenging Government’s “Gruesome Logic”

Intercept: The reversal, written by U.S. District Judge Rosemary Márquez, marked the latest rebuke of the Trump administration’s crackdown on humanitarian aid providers in southern Arizona, and the second time in matter of months that a religious freedom defense has prevailed in a federal case involving the provision of aid to migrants in the borderlands.

 

Judge permanently blocks another Trump immigration policy

Politico: The policy in dispute involves how immigration officials calculate the duration of a foreigner’s “unlawful presence” in the U.S.. Several American college presidents sued over the change, arguing that it could jeopardize more than one million foreign students, scholars, and others who sometimes lose their legal status when switching schools or for other reasons. Under the policy shift, immigration officials would have started the clock sooner on some individuals, creating potential roadblocks if they sought certain forms of relief in court.

Matter of J.J. RODRIGUEZ, 27 I&N Dec. 762 (BIA 2020)

Where the Department of Homeland Security returns an alien to Mexico to await an immigration hearing pursuant to the Migrant Protection Protocols and provides the alien with sufficient notice of that hearing, an Immigration Judge should enter an in absentia order of removal if the alien fails to appear for the hearing.

 

Case Management And Docketing Practices

EOIR: this Policy Memorandum (PM) reiterates and clarifies EOIR policy regarding certain case management and docketing practices in support of its mission.

 

AILA Joins Joint Comment Opposing Changes to Form I-290B

On 2/4/20, AILA joined CLINIC, ASISTA, KIND, the Council, ILRC and the Tahirih Justice Center in a joint comment opposing USCIS’s proposed revisions to Form I-290B and its instructions. The proposed changes would make substantial and substantive changes to the USCIS motions and appeals processes. AILA Doc. No. 20020700

Notification of Additional Airports for Flights Carrying Persons Who Have Recently Traveled From or Were Otherwise Present within the People’s Republic of China

DHS notice adding four additional airports to the list of airports where flights can land and describes when the arrival restrictions will include those airports. Restrictions will continue until notification is published in the Federal Register. (85 FR 7214, 2/7/20) AILA Doc. No. 20020731

 

Presidential Proclamation: Improving Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry

President Trump issued a proclamation on 1/31/20 suspending or limiting entry into the United States of nationals of Burma (Myanmar), Eritrea, Kyrgyzstan, Nigeria, Sudan, and Tanzania. (85 FR 6699, 2/5/20) AILA Doc. No. 20013104

 

DHS Expands MPP to Brazilian Nationals

DHS announced that it has begun processing Brazilian migrants for return to Mexico under the Migrant Protection Protocols (MPP), which force asylum seekers to remain in Mexico while awaiting court proceedings in the U.S. DHS states that the MPP program is not limited to any nationality or language. AILA Doc. No. 20012933

 

USCIS Issues Policy Alert on Mobile Biometric Services and Fingerprint Waivers

USCIS issued policy guidance addressing availability of mobile biometric services and clarifying guidance on the validity period for fingerprint waivers. The guidance clarifies that USCIS does not provide mobile biometric services to persons in custody at non-DHS correctional institutions. AILA Doc. No. 20013030

 

USCIS Begins Accepting Green Card Applications Under Liberian Refugee Immigration Fairness

USCIS began accepting applications to adjust status to lawful permanent resident from certain Liberian nationals under Section 7611 of the National Defense Authorization Act for FY2020, Liberian Refugee Immigration Fairness (LRIF). USCIS will accept properly filed applications until 12/20/20. AILA Doc. No. 19122690

 

RESOURCES

 

 

EVENTS

 

 

ImmProf

 

Sunday, February 9, 2020

Friday, February 7, 2020

Thursday, February 6, 2020

Wednesday, February 5, 2020

Tuesday, February 4, 2020

Monday, February 3, 2020

 

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

Imagine what another four years of this deadly, real “Theater of the Absurd” would look like!

 

PWS

02-10-20

Related posts:

  1. A VERY TRUMPY CHRISTMAS:  PERVERTING ASYLUM REGS; USING VULNERABLE KIDS AS BAIT; ORBITING REFUGEES TO DEADLY ASYLUM-FREE ZONES; SCREWING WITH LEGAL IMMIGRANTS; DEATH CAMPS; STAR CHAMBERS; MORE PROSECUTORS AS JUDGES; & OTHER “GIFTS” FROM THE REGIME & ITS ARTICLE III JUDICIAL ENABLERS — Get The “Holiday Horror Update” On All Of America’s Human Rights Abuses & Gratuitous Cruelty From The Gibson Report 12-23-19 
  2. GROSS NATIONAL DISGRACE: “A Fucking Disaster That Is Designed to Fail”: How Trump Wrecked America’s Immigration Courts — Fernanda Echavarri Reports For Mother Jones On How Our Failed Justice System Daily Abuses The Most Vulnerable While Feckless Legislators &   Smugly Complicit Article III Judges Look On & Ignore The Human Carnage They Are Enabling — “ Two days after US immigration officials sent her to Tijuana, she was raped.”
  3. 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?” 
  4. ⭐️⭐️⭐️⭐️⭐️⚖️🗽🇺🇸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!

BIA’S “GONZO HIRING PLAN” & OTHER TALES FROM THE TRUMP REGIME TWILIGHT ZONE – The Gibson Report – 01-20-21 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

Elizabeth Gibson
Elizabeth Gibson
Attorney, NY Legal Assistance Group
Publisher of “The Gibson Report”

TOP UPDATES

 

New push to grant immigrants right to counsel gains support from advocates and lawmakers

Daily News: Legislation is being introduced Wednesday by Sen. Brad Hoylman (D-Manhattan) and Assemblywoman Catalina Cruz (D-Queens) that would create a statutory right to a lawyer for any New Yorker facing deportation who cannot afford an attorney on their own.​ See also What to look for in criminal justice reform in New York in 2020.

 

DOJ Hiring 36 New BIA Members

USAJobs: This listings appear to be for positions around the country and are likely aimed at obtaining faster denials.

 

The U.S. is putting asylum seekers on planes to Guatemala — often without telling them where they’re going

WaPo: [D]uring its first weeks, asylum seekers and human rights advocates say, migrants have been put on planes without being told where they were headed, and left here without being given basic instruction about what to do next. See also Central American migrants ford river into Mexico, chuck rocks and U.S. and Mexico Continue Interior Repatriation Initiative.

 

Green Light Law could cut access to DMV records for police agencies

WKBW: The Green Light Law no longer allows access to DMV records unless the law enforcement agencies agree not to share it with federal agencies like Immigration and Customs Enforcement (ICE).… [N]ot all police and sheriff agencies met a January 11th deadline to sign the agreement and that means they cannot access DMV photos. See also NY Department Of Financial Services And Division Of Human Rights Take Action To Protect New York Drivers From Discrimination In Auto Insurance Based On Immigration Status.

 

White House considering dramatic expansion of travel ban

AP: Several of the people said they expected the announcement to be timed to coincide with the third anniversary of Trump’s first, explosive travel ban, which was announced without warning on Jan. 27, 2017 — days after Trump took office.

 

AP visits immigration courts across US, finds nonstop chaos

AP: “It is just a cumbersome, huge system, and yet administration upon administration comes in here and tries to use the system for their own purposes,” says Immigration Judge Amiena Khan in New York City, speaking in her role as vice president of the National Association of Immigration Judges. “And in every instance, the system doesn’t change on a dime, because you can’t turn the Titanic around.” The Associated Press visited immigration courts in 11 different cities more than two dozen times during a 10-day period in late fall.

 

Under the ‘Remain in Mexico’ policy, just 0.2% of cases result in relief

Guardian: Of the 56,000 cases brought under MPP only 117, or 0.2% of cases, have so far led to asylum relief for applicants, according to data from a monitoring project at Syracuse University. On Tuesday, House Democrats launched an investigation into the process, describing it as “a dangerously flawed policy that threatens the health and safety of legitimate asylum seekers – including women, children, and families” that “should be abandoned”.

 

US held record number of migrant children in custody in 2019

AP: This month, new government data shows the little girl is one of an unprecedented 69,550 migrant children held in U.S. government custody over the past year, enough infants, toddlers, kids and teens to overflow the typical NFL stadium.

 

Tent Immigration Courts Are Still Not Fully Open to the Public

AIC: By law, immigration courts must be accessible to everyone. But the government has denied access to these secretive courts since they opened in September 2019.

 

Hong Kong airline makes woman take pregnancy test before flying to Saipan

CNN: Saipan, part of the US commonwealth of Northern Mariana Islands, has emerged as a favorite destination for “birth tourism” — the practice of foreign nationals giving birth on US soil to ensure their babies become American citizens.

 

The CDC Is Screening Passengers At Three U.S. Airports For Chinese Coronavirus That Has Killed Two

Forbes: The three U.S. airports that will conduct screenings — JFK, SFO and LAX — receive most of the inbound travelers from Wuhan. Screening will begin with questionnaires that ask passengers about symptoms such as cough or fever, as well as if there has been any contact with meat or seafood markets in Wuhan. In addition, screeners will take a temperature check of passengers, said Dr. Cetron.

 

‘Treated like a terrorist’: US deports growing number of Iranian students with valid visas from US airports

Guardian: Last year, the Guardian reported US authorities were increasingly stopping Iranian students from boarding US-bound flights without informing them their visas had been cancelled prior to travel. In recent months, however, a growing number of Iranians with valid student visas have been detained upon arrival at US airports by Customs and Border Protection and deported back to Iran.

 

LITIGATION/CASELAW/RULES/MEMOS

 

USCIS Rejection of Form I-918 Due to Claimed Incompleteness

USCIS published an alert on its webpage for Form I-918, Petition for U Nonimmigrant Status, stating that it may reject Form I-918 or Form I-918 Supplement A if any field is left blank, unless the field is optional. AILA Doc. No. 20011330

 

New Acting ACIJ in New York

EOIR: Effective January 19, ACIJ Kevin Mart will begin serving as the Acting ACIJ for the New York – Broadway, New York – Varick, Fishkill, and Ulster Immigration Courts. ACIJ Mart is currently the ACIJ for the Louisville Immigration Court. ACIJ Sheila McNulty will begin her new role as Acting Deputy Chief Immigration Judge on January 19, 2020.

 

Federal judge temporarily halts Trump administration policy allowing local governments to block refugees

WaPo: U.S. District Judge Peter J. Messitte of Maryland temporarily halted President Trump’s executive order requiring governors and local officials nationwide to agree in writing to welcome refugees before resettlements take place in their jurisdictions.

 

Climate refugees can’t be returned home, says landmark UN human rights ruling

Guardian: The judgment – which is the first of its kind – represents a legal “tipping point” and a moment that “opens the doorway” to future protection claims for people whose lives and wellbeing have been threatened due to global heating, experts say.

 

Government comes to court for relief on immigration rule

SCOTUSblog: [T]he federal government called on the Supreme Court to intervene in a dispute over a new rule, known as the “public charge” rule, governing the admission of immigrants to the United States.

 

Knight Institute Challenges EOIR’s Muzzling Of Immigration Judges On 1st Amendment Grounds

Courtside: In a letter, the Institute argues that the agency’s policy, which it recently obtained through a FOIA request, violates the First Amendment

 

Trump Banished Immigration Rights Activist For Speaking Out. He’s Suing ICE To Come Back.

Intercept: The suit brought by Montrevil, 51, a founding member of the New Sanctuary Coalition of New York City, builds on a significant ruling last spring by the 2nd Circuit Court of Appeals in the case of a former colleague, activist Ravi Ragbir.

 

Groups File Federal Lawsuit Challenging Trump Administration’s So-Called ‘Safe Third Country’ Asylum Policy

ACLU: The lawsuit, U.T. v. Barr, was filed in U.S. District Court in Washington, D.C. It cites violations of the Refugee Act, Immigration and Nationality Act, and Administrative Procedure Act. Plaintiffs are asylum seekers who fled to the U.S. and were unlawfully removed to Guatemala, as well as organizations that serve asylum seekers.

 

House to investigate Trump ‘Remain in Mexico’ policy

Hill: The House Judiciary Committee on Tuesday announced that it plans to investigate the Department of Homeland Security’s Migrant Protection Protocols (MPP), which has been dubbed the “Remain in Mexico” policy for forcing some asylum-seekers from Central America to wait in Mexico during their claims process.

 

Executive Order Suspending Entry of Certain Persons Connected with Certain Industries in Iran

Presidential executive order imposing sanctions against certain persons connected with the construction, mining, manufacturing, or textiles industries in Iran, including the suspension of the immigrant or nonimmigrant entry of such persons into the United States. (85 FR 2003, 1/14/20) AILA Doc. No. 20011401

 

USCIS Issues Policy Alert on Replacing Permanent Resident Cards (Form I-90)

USCIS issued policy guidance in the USCIS Policy Manual regarding eligibility requirements, filing, and adjudication of requests to replace Permanent Resident Cards using Form I-90. The effective date for this policy is January 16, 2020. Comments are due by January 30, 2020. AILA Doc. No. 20011633

 

EOIR Releases Policy Memo on Management of Liberian Cases Related to NDAA for FY2020

EOIR released a policy memo providing guidance for addressing ancillary issues that may arise in immigration proceedings concerning Section 7611 of the recently enacted NDAA for FY2020 which established an eligibility program for adjustment of status for certain Liberian nationals. AILA Doc. No. 20011400

 

ACTIONS

 

 

RESOURCES

 

 

EVENTS

   

 

ImmProf

 

Monday, January 20, 2020

Sunday, January 19, 2020

Saturday, January 18, 2020

Friday, January 17, 2020

Thursday, January 16, 2020

Wednesday, January 15, 2020

Tuesday, January 14, 2020

Monday, January 13, 2020

 

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

57 “judges,” multiple locations, no waiting, No Due Process! – GUARANTEED!

For those interested, the “blitzkrieg application period,” immediately following the holidays, has already “closed.” But, not to worry. Undoubtedly, the appointees were already “preselected” from among Government attorneys with enforcement backgrounds and “high-asylum-denying” Immigration Judges.

 

To state the obvious, a monstrosity of an “appellate court” with this bizarre configuration will cease to function like a unitary collegial Board. Instead, all important precedents and policy decisions will be “cooked” on the fifth floor of the DOJ. The bogus “appellate immigration judges” will merely be “clerical gatekeepers” to insure that nobody gets granted relief over ICE’s objection.

 

Clearly, the regime is counting on a gutless and complicit Article III judiciary to “rubber stamp” this parody of justice. We’ll see if they are right. But, history will be watching those who fail to live up to their sworn duty to uphold Constitutional Due Process against this type of attack!

 

Due Process Forever!

 

PWS

01-21-20

 

Related posts:

  1. GROSS NATIONAL DISGRACE: “A Fucking Disaster That Is Designed to Fail”: How Trump Wrecked America’s Immigration Courts — Fernanda Echavarri Reports For Mother Jones On How Our Failed Justice System Daily Abuses The Most Vulnerable While Feckless Legislators &   Smugly Complicit Article III Judges Look On & Ignore The Human Carnage They Are Enabling — “ Two days after US immigration officials sent her to Tijuana, she was raped.”
  2. NO EXPERTISE NECESSARY! – At The “New EOIR,” Immigration Judges No Longer Need to Demonstrate Immigration Experience – Just a Willingness To Send Migrants to Potential Death, Danger, or Misery Without Due Process or Fundamental Fairness – When Your Job Is To Impose Arbitrary “Death Sentences,” Maybe It’s Easier If You Don’t Understand What You’re Really Doing!
  3. 🤡WELCOME TO CLOWN COURT: Where The Lives Of Millions Of Humans & The Future Of America Are Treated Like A Cruel Joke, As Complicit Article III Courts Watch This Grotesque Unconstitutional Spectacle & Parody Of Justice Unfold On Their Watch!
  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! 

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

Elizabeth Gibson
Elizabeth Gibson
Attorney, NY Legal Assistance Group
Publisher of “The Gibson Report”

TOP UPDATES

 

Trump administration to begin collecting DNA from detained immigrants

The Verge: The United States government will begin collecting the DNA of detained immigrants through pilot programs this week, according to a privacy impact assessment that was published today by the Department of Homeland Security.

 

Immigration Judges Asylum Grants & Denials in FY 2018-2019

A&J: Of note is the asylum grants and denials for the 6 Immigration Judges who AG William Barr hand-picked for the Board of Immigration Appeals in 2019: 2 of the 6 new BIA members–Hunsucker and Cassidy–denied all their asylum cases in FY 2019.

 

10 US immigration issues to watch in 2020

PRI: Last year, the Trump administration rolled out several policies that restricted access to asylum, as well as employment-based and family-based immigration pathways. With a presidential election on the horizon, 2020 could bring even more restrictions. Here’s what we’re watching.

 

U.S. implements plan to send Mexican asylum seekers to Guatemala

Reuters: Mexicans seeking asylum in the United States could be sent to Guatemala under a bilateral agreement signed by the Central American nation last year, according to documents sent to U.S. asylum officers in recent days and seen by Reuters.

 

US starts sending asylum seekers across Arizona border

AP: Authorities are expanding a program known as Remain in Mexico that requires tens of thousands of asylum seekers to wait out their immigration court hearings in Mexico. Until this week, the government was driving some asylum seekers from Nogales, Arizona, to El Paso, Texas, so they could be returned to Juarez. Now, asylum-seekers will have to find their own way through dangerous Mexican border roads.

 

U.S. Stops Dozens of Iranian-Americans Returning From Canada

NYT: More than 60 people were held for additional questioning in Washington State, according to advocacy groups and accounts from travelers.

 

To Produce Citizenship Data, Homeland Security To Share Records With Census

NPR: DHS quietly announced the data-sharing agreement in a regulatory document posted on its website on Dec. 27. It marks the latest development in the Trump administration’s ongoing effort to carry out the executive order President Trump issued in July after courts blocked the administration from adding a citizenship question to the 2020 census.

 

Net Migration between the U.S. and Abroad Added 595,000 to National Population Between 2018 and 2019

Census: Net international migration added 595,000 to the U.S. population between 2018 and 2019, the lowest level this decade. This is a notable drop from this decade’s high of 1,047,000 between 2015 and 2016.

 

Think unauthorized immigrants don’t pay taxes? Here are four ways they do

DMN: Nowrasteh said that upwards of 75% of unauthorized immigrants file taxes with the federal government.

 

Trump’s Tent Cities Are on the Verge of Killing Immigrant Children

Slate: The camp facility where people are sort of constrained physically has somewhere between 2,600 and 3,000 people in it at any given day, and it’s growing. But the total number of people who’ve been returned to Mexico under MPP is closer to 68,000. So only a small fraction of the people who need legal services are even visible at this point.

 

DHS reviews how DMV laws affect immigration enforcement

AP: The acting secretary of Homeland Security is taking aim at new laws in New York and New Jersey that allow immigrants to get driver’s licenses without proof they are in the U.S. legally, and restrict data sharing with federal authorities.

 

How the White House Is Trying—and Failing—to Keep States from Resettling Refugees

New Yorker: So far, not a single state or locale has said it would end refugee resettlement. Of the thirty-one consent letters that have been signed by governors, a third have come from red states such as Utah, Arizona, Iowa, and Indiana.

 

After Cabinet opposed Mexican cartel policy, Trump forged ahead

Reuters: The recommendations, which some of the sources described as unanimous, have not been reported previously. They were driven in part by concerns that such designations could harm U.S.-Mexico ties, potentially jeopardizing Mexico’s cooperation with Trump’s efforts to halt illegal immigration and drug trafficking across the border, said two sources, including a senior administration official.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Pencil-ONLY on I-589 Passport-Size Photos

Listservs: While EAD instructions allow felt-tip pens for writing on the back of photos, asylum instructions currently require pencil ONLY. People are receiving rejection notices for I-589s with writing on the photos in anything other than pencil.

 

Matter of SALAD, 27 I&N Dec. 733 (BIA 2020)

The offense of making terroristic threats in violation of section 609.713, subdivision 1, of the Minnesota Statutes is categorically a crime involving moral turpitude.

 

USCIS and EOIR Joint Notice of Proposed Rulemaking on Bars to Asylum Eligibility

Posted 1/2/2020

USCIS and EOIR joint notice of proposed rulemaking that would add seven additional mandatory bars to eligibility for asylum. Comments are due 1/21/20. (84 FR 69640, 12/19/19)

AILA Doc. No. 19121901

 

EOIR Suspends Operations at the Louisville Immigration Court Due to Building Conditions

Posted 1/6/2020

EOIR announced that there is no projected reopening date for the Louisville Immigration Court and cases have been cancelled through March 31, 2020.

AILA Doc. No. 19081631

 

ACTIONS

 

 

RESOURCES

 

 

EVENTS

   

 

ImmProf

 

Monday, January 6, 2020

Sunday, January 5, 2020

Saturday, January 4, 2020

Friday, January 3, 2020

Thursday, January 2, 2020

Wednesday, January 1, 2020

Tuesday, December 31, 2019

Monday, December 30, 2019

 

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

Thanks, Elizabeth!

 

PWS

01-08-20

 

 

 

Related posts:

  1. 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!
  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. 🇺🇸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!🏴‍☠️
  4. THE GIBSON REPORT — 10-05-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Federal Judge Rules Trump Not A Monarch; More Intentional Cruelty, Lies, & Threats Of Politically-Inspired Racist Attacks On Ethnic Communities From DHS; Trump Regime Dumps On Refugees & Commies; Cert. Granted In Credibility Case Apparently Seeking To Screw Refugees At Request Of SG; & Other “Interesting & Sometimes Disturbing Stuff”⚖️

START 202O OFF RIGHT WITH THESE INSPIRING STARS OF THE “NEW DUE PROCESS ARMY” – 1) Judge Lisa Dornell On CNN; 2) Judge Jeffrey Chase Blog “The Need for Transparency;” 3) Elizabeth Gibson, Esquire, “The Gibson Report 12-30-19”

 

 

Lisa Dornell, a former US immigration judge, says she could no longer serve under President Donald Trump after his administration interfered with immigration courts. #CNN #News

Category

News & Politics

 

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

Jeffrey S. Chase
Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog

MON, DEC 30

The Need for Transparency

A respected colleague of mine, former Immigration Judge Ilyce Shugall, generously volunteered to take time from her own schedule to travel halfway across the country to San Antonio, TX and observe

Read More

Other news:

Second Circuit holds that the deadline for filing BIA appeals “is a claim-processing rule amenable to equitable tolling:” Attipoe v. Barr

CNN reports on immigration judges quitting in response to Trump Administration policies

BIA Appellate Judges Patricia Cole, Molly Kendall Clark, and John Guendelsberger, and Immigration Judge Charles Honeyman of the Philadelphia Immigration Court are retiring.
Thank you for reading, and best wishes for a happy and healthy 2020!

500 4th Ave., Brooklyn, NY 11215, USA

Unsubscribe

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

Elizabeth Gibson
Elizabeth Gibson
Attorney, NY Legal Assistance Group
Publisher of “The Gibson Report”

 

TOP UPDATES

 

Immigration Judges In NYC Are Even Less Likely To Grant Asylum Now

Gothamist: [Contains a great chart summarizing every NYC IJ’s grant rate and changes over time]. Just four years ago, the research group TRAC found New York judges denied just 16 percent of asylum seekers. That figure has been rising since Trump took office. But the average denial rate for a New York judge shot up to 46 percent in fiscal year 2019, according to the latest data, from 32 percent in the previous year. See also Immigration judges quit in response to administration policies.

 

ICE reopening long-closed deportation cases against Dreamers

CNN: ICE has begun asking immigration courts to reopen administratively closed deportation cases against DACA recipients who continue to have no criminal record, or only a minor record. Immigration attorneys in Arizona confirmed at least 14 such cases being reopened since October, and CNN also found DACA recipients whose cases recently were reopened in Nevada and Missouri.

 

Bureaucracy as a weapon: how the Trump administration is slowing asylum cases

Guardian: Over a half-dozen immigration attorneys across the country interviewed by the Guardian describe how the US Citizenship and Immigration Services (USCIS) has returned applications unprocessed over the equivalent of failing to dot an I or cross a T – a shift with potentially life-altering consequences for their vulnerable clients.

 

Federal government deleted more immigration court records about asylum in public data release: researchers

U-T: Though the federal government promised to review a public data release of immigration court cases after researchers pointed to missing records relating to asylum, the issue has only gotten worse.

 

A Secret Report Exposes Health Care For Jailed Immigrants

Buzzfeed: BuzzFeed News has obtained a memo in which an ICE whistleblower says two immigrants got preventable surgeries and two were given the wrong drugs. Four died — one after getting “grossly negligent” care. See also House panel opens investigation into immigrant detainees’ medical care.

 

Immigration Was the No. 2 Story of 2019

AP: The drive by the Democratic-led House of Representatives to impeach President Donald Trump was the top news story of 2019, according to The Associated Press’ annual poll. Trump also figured in the second and third biggest stories of the year: the fallout over his immigration policies and the investigation by Special Counsel Robert Mueller into whether his election campaign coordinated with Russia.

 

Immigration Court “Status Docket” – the Secret Almost Alternative to Administrative Closure

LexisNexis: In 2018 the Attorney General ended the ability of immigration judges to administratively close cases, concluding they had in fact never had such authority. As shocking as that was at the time, we’re now seeing pieces of that puzzle were being laid out months before the Attorney General released that decision. And the more we learn, the more it appears the end of administrative closure was more about results (faster deportations) than about the legal principles outlined there.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Asylum Ban 2.0 Temp Stay Granted in Favor of Administration

The government requests an emergency temporary stay of the district court’s order provisionally certifying a class, and preliminarily enjoining the government from enforcing the Third Country Transit Rule, 8 C.F.R. § 208.13(c)(4), against non-Mexican nationals who were allegedly in the process of arriving at a port of entry before the Third Country Transit Rule went into effect…We grant the government’s motion for a temporary stay to preserve the status quo pending a decision on the motion for stay pending appeal.

 

Ninth Circuit Orders Review of Immigrant’s Deportation During Appeal

CNS: A Ninth Circuit panel on Friday granted an immigrant’s petition to review the federal government’s decision to deport him, saying that his removal from the country during legal proceedings did not constitute a withdrawal of his appeal.

 

USCIS Begins Accepting Green Card Applications Under Liberian Refugee Immigration Fairness

USCIS began accepting applications to adjust status to lawful permanent resident from certain Liberian nationals under Section 7611 of the National Defense Authorization Act for FY2020, Liberian Refugee Immigration Fairness (LRIF). USCIS will accept properly filed applications until 12/20/20. AILA Doc. No. 19122690

 

RESOURCES

 

·       Think Immigration: They/Them/Ours: Discussing pronouns with clients.

·       The Collaborators in Honduras: The Girls Who Want to be Mortal: Gang perceptions of women.

 

EVENTS

   

·       1/23/20 Debrief on Mississippi Raid: Lessons Learned and Improving Responses

 

ImmProf

 

Monday, December 30, 2019

·       Nolan Rappaport (The Hill): Removal of DACA recipients has begun: It didn’t take a crystal ball to see DACA would not end well

·       New Path to Citizenship for Liberians

·       Hispanic voters being overlooked in Democratic presidential campaign

Sunday, December 29, 2019

·       Top 10 Immigration Stories of the Decade

·       From the Bookshelves: All-American Nativism: How the Bipartisan War on Immigrants Explains Politics as We Know It by Daniel Denvir

Saturday, December 28, 2019

·       Trump administration begin to ramp up DACA removals?

Friday, December 27, 2019

·       Congress investigating immgrant detainees’ medical care

·       Taking Private Lands for the Border

·       AP: Immigration Policy Second Biggest News Story of 2019

·       Trump administration chasing immigration judges away?

·       Immigration Judges Asylum Grants & Denials: Fiscal Years 2018-2019

Thursday, December 26, 2019

·       How U.S. Immigration Policy Changed This Year — in 10 minutes

·       In Christmas Day Message, Pope Francis Shines Light On Migrant Suffering

·       Colorado Governor Pardons Immigrant Mother Who Sought Sanctuary

Wednesday, December 25, 2019

·       Santa’s Visa Options

·       Documentary: The Faces of Family Separation

Tuesday, December 24, 2019

·       An Immigrant’s Christmas Eve

·       An Immigrant’s Christmas Eve, 1979

·       How ICE Uses Social Media to Surveil and Arrest Immigrants

Monday, December 23, 2019

·       Immigrant of the Day: Kamaru Usman

 

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

INTERESTING HISTORICAL SIDENOTE: As reported by Jeffrey in his blog, with the retirement of BIA Appellate Immigration Judges Patricia Cole and John Guendelsberger, the only remaining member of the “Schmidt Board” (1995-2001) is Judge Ed Grant. Judge Cole worked with me back in the days of the Legacy INS General Counsel’s Office, as did Judge Molly Kendall Clark who also was one of my Senior Counsel when I was BIA Chair. Judges Cole and Guendelsberger were the last of the “original” 12 members of the “Schmidt Board” invested with me by then Attorney General Janet Reno in the Fall off 1995.

Another historical note:  Judge Dornell’s late father Ed Dornell and I worked together at the Legacy INS during the Reagan Administration when he was the Director of Intelligence and I was the Deputy General Counsel/Acting General Counsel.

HAPPY NEW YEAR!🥂🍾🏈😎

DUE PROCESS FOREVER!

PWS

01-01-20

 

 

 

Related posts:

  1. ⚖️THE GIBSON REPORT — 02-07-22 — Compiled By Elizabeth Gibson Esquire, NY Legal Assistance Group — BONUS: “Ethics On Vacation @ DHS & DOJ”
  2. 🧑🏽‍⚖️⚖️🗽🇺🇸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!
  3. THE GIBSON REPORT — 05-17-21 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Continuing To Highlight Garland’s Tone-Deaf Failure To Bring Justice, Due Process, Progressive Expertise To EOIR! — Hey Progressives & Due Process Advocates, Had Enough Of His “Amateur Night At The Bijou” Approach To EOIR? — Get Mad, Make Your Voices Heard, Demand Change, Demand Better! — Much Better!
  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! ☹️

A VERY TRUMPY CHRISTMAS:  PERVERTING ASYLUM REGS; USING VULNERABLE KIDS AS BAIT; ORBITING REFUGEES TO DEADLY ASYLUM-FREE ZONES; SCREWING WITH LEGAL IMMIGRANTS; DEATH CAMPS; STAR CHAMBERS; MORE PROSECUTORS AS JUDGES; & OTHER “GIFTS” FROM THE REGIME & ITS ARTICLE III JUDICIAL ENABLERS — Get The “Holiday Horror Update” On All Of America’s Human Rights Abuses & Gratuitous Cruelty From The Gibson Report 12-23-19 

Elizabeth Gibson
Elizabeth Gibson
Attorney, NY Legal Assistance Group
Publisher of “The Gibson Report”

TOP UPDATES

 

Trump Administration Proposes Adding Minor Crimes to List of Offenses that Bar Asylum

NYT: The new rule, issued by the Justice Department and the Department of Homeland Security, would expand the list of crimes that bar migrants from asylum to include misdemeanor offenses, including driving under the influence, possession of fake identification and drug possession, including having more than 30 grams of of marijuana… The administration would also deny asylum to migrants caught crossing the border after receiving a deportation order and those who illegally received public benefits.

 

Under secret Stephen Miller plan, ICE to use data on migrant children to expand deportation efforts

WaPo: The White House sought this month to embed immigration enforcement agents within the U.S. refugee agency that cares for unaccompanied migrant children, part of a long-standing effort to use information from their parents and relatives to target them for deportation, according to six current and former administration officials.

 

Guatemala Is Set to Finalize Deal With U.S. to Accept Mexican Asylum Seekers

WSJ: Guatemala is set to finalize within days a deal to expand its asylum agreement with the U.S. to begin accepting Mexican migrants sent from the southern U.S. border, U.S. and Guatemalan officials familiar with the talks said.

 

The employment green card backlog tops 800,000, most of them Indian. A solution is elusive.

WaPo: An estimated 800,000 immigrants who are working legally in the United States are waiting for a green card, an unprecedented backlog in employment-based immigration that has fueled a bitter policy debate but has been largely overshadowed by President Trump’s border wall fight and the administration’s focus on migrant crossings from Mexico.

 

The radical immigration changes under Trump that went unnoticed

Quartz: Social media tracking, Increased denaturalization efforts, Expansion of “public charge” definition, Domestic violence no longer grounds for asylum, Limits to Temporary Protected Status (TPS), Secret policies.

 

International Students Worry As A Popular Work Program Is Questioned

WGBH: Concerns are growing as the U.S. District Court for the District of Columbia considers a legal motion filed by a private group to cancel the federal program.

 

Deaths in custody. Sexual violence. Hunger strikes. What we uncovered inside ICE facilities across the US

USA Today: A USA TODAY Network investigation revealed sex assaults, routine use of physical force, poor medical care and deaths at facilities overseen by ICE.

 

Contrasting Experiences: MPP vs. Non-MPP Immigration Court Cases

TRAC: MPP Results in Slightly Longer Wait Times for First Hearing…Asylum Seekers in the US are 7 Times More Likely to Have an Attorney…Most Asylum Seekers Attend Their Hearings Unless Forced to Remain in Mexico.

 

Former Immigration Judges Send Letter Expressing Concern Over Lack of Public Access to MPP Hearings

On 12/10/19, former immigration judges sent a letter to EOIR requesting that it investigate violations of due process rights during MPP hearings and ensure that the public has appropriate access to all immigration courts. AILA Doc. No. 19121700

 

Executive Office for Immigration Review to Swear in 28 Immigration Judges, Bringing Judge Corps to Highest Level in History

Includes:

Susan F. Aikman, Immigration Judge, Batavia Immigration Court

Jennifer Chung, Immigration Judge, New York, Federal Plaza Immigration Court

Diane L. Dodd, Immigration Judge, New York, Federal Plaza Immigration Court

David A. Norkin, Immigration Judge, New York, Varick Immigration Court (yes, former court administrator)

John J. Siemietkowski, Immigration Judge, New York, Federal Plaza Immigration Court

Rantideva Singh, Immigration Judge, New York, Federal Plaza Immigration Court

 

New Permanent ACIJ at New York – Federal Plaza Immigration Court

EOIR: Effective January 20, ACIJ Carrie Johnson will be the permanent ACIJ for the New York – Federal Plaza Immigration Court. ACIJ Johnson is currently the ACIJ for the Newark and Elizabeth Immigration Courts and will remain in those positions. ACIJ Sheila McNulty will continue to serve as the Acting ACIJ for the New York – Broadway, New York – Varick, Fishkill, and Ulster Immigration Courts.

 

New York sees surge in new driver’s licenses thanks to undocumented immigrants

NY Post: New York State saw a 133 percent surge in new learner permits issued Monday, Tuesday and Wednesday as undocumented immigrants were able to apply for licenses for the first time. See also As Historic ‘Green Light’ Law Goes Into Effect, Immigrants Warned of Driver’s License Scams and New Jersey Governor Phil Murphy signs bill allowing undocumented immigrants to get licenses.

 

How ICE Uses Social Media To Surveil And Arrest Immigrants

Intercept: In this case, ICE used Thomson Reuters’s controversial CLEAR database, part of a growing industry of commercial data brokers that contract with government agencies, essentially circumventing barriers that might prevent the government from collecting certain types of information. See also California DOJ Cuts Off ICE Deportation Officers from State Law Enforcement Database.

 

U.S. citizenship path for thousands of Liberians tucked in spending bill

Reuters: The pathway to citizenship – even for a relatively small cohort of immigrants – is a victory for pro-migrant activists and lawmakers who pushed for citizenship for Liberians covered by temporary deportation relief programs.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Immigrants’ Appeal of Removal Order Subject to Equitable Tolling

Bloomberg: The 30-day limitations period for an immigrant to appeal an order requiring him to be removed from the U.S. isn’t jurisdictional, and thus may be equitably tolled, the Second Circuit said Dec. 19.

 

USCIS Releases Policy Alert on the Effect of Travel Abroad by TPS Beneficiaries with Final Orders of Removal

USCIS updated its policy manual to clarify the effect of travel abroad by TPS beneficiaries with final removal orders. Per USCIS, TPS beneficiaries who depart and return to the U.S. based on authorization to travel remain in the exact same immigration status and circumstances as when they left. AILA Doc. No. 19122036

 

Rakoff Refuses to Dismiss Lawsuit to Halt Immigration Arrests at State Courthouses

NYLJ: U.S. District Judge Jed Rakoff of the Southern District of New York said the lawsuit from New York Attorney General Letitia James and Brooklyn District Attorney Eric Gonzalez raised valid claims that the practice could have deleterious effects on the criminal justice system.

 

Cert granted in Pereida v. Barr

SCOTUSblog: The justices will decide whether a noncitizen who is convicted of a state crime can apply for relief from deportation – such as asylum or cancellation of removal – when the state-court record is ambiguous about whether his conviction corresponds to an offense listed in the Immigration and Nationality Act.

 

Lawsuit says Trump’s green-card rules show preference for ‘the wealthy and the white’

WaPo: Organizations critical of President Trump’s immigration policies filed a broad lawsuit Thursday challenging new restrictions for green-card seekers who may need government help to pay for food and health care…It seeks to block the State Department from moving forward with its public-charge rules, and specifically singles out Trump’s October decree — titled “Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System” — requiring green-card applicants to have “approved” medical coverage or sufficient resources to pay for their medical costs out of pocket.

 

Lawsuit Says Immigration Courts Are Now Deportation Machines

AP: The lawsuit filed by the Southern Poverty Law Center in Washington, D.C., and Innovation Law Lab of Portland, Oregon, said that instead of being fair and impartial, judges in immigration courts answer to Attorney General Robert Barr and are pushed to deny applications for asylum.

 

DOJ and DHS Propose Rule to Bar Asylum Eligibility for Individuals Convicted of Certain Criminal Offenses

DOJ and DHS issued a joint notice of proposed rulemaking to provide seven additional mandatory bars to eligibility for asylum for individuals who commit certain criminal offenses in the U.S. The proposed rule would also remove provisions regarding reconsideration of discretionary denials of asylum. AILA Doc. No. 19121835

 

Featured Issue: Denaturalization Efforts by USCIS

The Trump administration announced the opening of an office to focus on identifying immigrants who are suspected of cheating to get their green cards or citizenship and will seek to denaturalize these individuals. Watch this page for updates and resources from AILA. AILA Doc. No. 18072705

 

USCIS Provides Q&As from Special Immigrant Juvenile Policy Clarifications Engagement

USCIS provided Q&As from its December 10, 2019, engagement on the recent Special Immigrant Juvenile (SIJ) adopted AAO decisions and the corresponding policy manual update. AILA Doc. No. 19122002

 

The U.S. Resumes Returning Mexican Nationals to the Interior of Mexico

ICE and the Mexican Ministry of the Interior announced the continuation of the Interior Repatriation Initiative. The first 2019 repatriation flight of approximately 150 Mexican nationals departed Tucson International Airport on December 19, 2019. AILA Doc. No. 19122000

 

ACTIONS

 

 

RESOURCES

 

 

EVENTS

   

 

ImmProf

 

Monday, December 23, 2019

Sunday, December 22, 2019

Saturday, December 21, 2019

Friday, December 20, 2019

Thursday, December 19, 2019

Wednesday, December 18, 2019

Tuesday, December 17, 2019

Monday, December 16, 2019

 

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

Note that DOJ/EOIR rally outdid themselves on Immigration Judge appointments with 27 “Government insiders,” most from DHS or other enforcement backgrounds, and only one “outside” appointment from private practice. As one of my Round Table colleagues quipped: “I guess they must have run out of ICE Assistant Chief Counsel.”

Time to be happy and thankful if you’re not a migrant seeking justice and mercy in Trump’s America.  

Behind every tyrannical regime are complicit judges who fail to stand up for justice for the most vulnerable and deserving of protection!

Thanks again, Elizabeth for all you do for the New Due Process Army and  the cause of American justice!

 

PWS

12-24-19

Related posts:

  1. GROSS NATIONAL DISGRACE: “A Fucking Disaster That Is Designed to Fail”: How Trump Wrecked America’s Immigration Courts — Fernanda Echavarri Reports For Mother Jones On How Our Failed Justice System Daily Abuses The Most Vulnerable While Feckless Legislators &   Smugly Complicit Article III Judges Look On & Ignore The Human Carnage They Are Enabling — “ Two days after US immigration officials sent her to Tijuana, she was raped.”
  2. HOW “AMERICA’S KILLER COURTS” PROMOTE “CRIMES AGAINST HUMANITY” — HUMAN RIGHTS WATCH: TRUMP & HIS WHITE NATIONALIST SYCOPHANTS & TOADIES TOUT LAWLESS POLICIES THAT VIOLATE LEGAL OBLIGATIONS & HELP KILL, RAPE, TORTURE THOSE RETURNED TO EL SALVADOR — Supremes & Article III Judiciary Complicit In Gross Human Rights Violations! 
  3. EOIR TARGETS UNACCOMPANIED KIDS FOR DEPORATION RAILROAD!
  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?” 

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

Elizabeth Gibson
Elizabeth Gibson
Attorney, NY Legal Assistance Group
Publisher of “The Gibson Report”

TOP UPDATES

NY to begin issuing driver’s licenses to undocumented immigrants<https://www.newsday.com/news/nation/immigrants-driver-s-licenses-new-york-1.39283599>

Newsday: The Green Light Law also allows new kinds of records to be used by immigrants to apply for licenses. These include an unexpired passport from another country, an unexpired identification number from a consulate, and a foreign driver’s license that is valid or expired for less than 24 months. If an applicant doesn’t have a Social Security number, they need to sign an affidavit that they hadn’t been issued one. Even the federal government would need a court order to obtain these records. The law requires that most of the records to eventually be destroyed, and supporters expect that would happen before court orders could be issued. The documentation is specifically identified as not being a public record under the law.

Justices Lean Toward Broader Review of Deportation Orders<https://news.bloomberglaw.com/us-law-week/justices-lean-toward-immigrants-over-deportation-review>

Bloomberg: Justices from both the conservative and liberal wings of the court aggressively questioned the government’s attorney in a case examining what immigration decisions are reviewable in federal court.

More immigration judges to be assigned to cases at tent facilities<https://amp.cnn.com/cnn/2019/12/06/politics/immigration-court-judges-remain-in-mexico/index.html>

CNN: As of mid-September, there were 19 judges from three separate immigration courts in Texas hearing cases. But the latest expansion includes the use of immigration judges assigned to a center in Fort Worth, Texas, that is closed to the public, leaving little opportunity for people to observe hearings.

Inside the So-Called “Safe Third”—and Trump’s Latest Attack on Asylum-Seekers<https://msmagazine.com/2019/12/04/inside-the-so-called-safe-third-and-the-trump-administrations-latest-attack-on-asylum-seekers/>

Ms.: [Karen Musalo (CGRS)] recently returned from a human rights fact-finding trip with colleagues to El Salvador, and our findings illustrate the absurdity of a U.S. / El Salvador safe third country agreement.

Year In Review: The Most Significant Immigration Stories Of 2019<https://www.forbes.com/sites/stuartanderson/2019/12/09/the-most-disturbing-immigration-stories-of-2019/#74b86cac1302>

Forbes: The year 2019 produced many significant and, in some cases, tragic stories about immigrants, refugees and asylum seekers. The list is not comprehensive but focuses on those stories considered most important to remember.

North Dakota county may become US’s 1st to bar new refugees<https://abcnews.go.com/US/wireStory/north-dakota-county-uss-1st-bar-refugees-67579252>

ABC: If they vote to bar refugees, as expected, Burleigh County — home to about 95,000 people and the capital city of Bismarck — could become the first local government to do so since President Donald Trump issued an executive order making it possible.

Trump Has Built a Wall of Bureaucracy to Keep Out the Very Immigrants He Says He Wants<https://www.motherjones.com/politics/2019/12/trump-h1b-visa-immigration-restrictions/>

MJ: Even as President Donald Trump has complained about rules that prevent American companies “from retaining highly skilled and… totally brilliant people” from abroad, his administration has made sweeping changes to the H-1B program, denying visas to skilled immigrants, some who have been working in the United States for years. USCIS has been denying H-1B petitions at a record rate: 24 percent of first-time H-1B applications were denied through the third quarter of 2019 fiscal year, compared with 6 percent in 2015.

LITIGATION/CASELAW/RULES/MEMOS

Matter of O-S-A-F-<https://www.justice.gov/eoir/page/file/1224026/download>

(1) Torturous conduct committed by a public official who is acting “in an official capacity,” that is, “under color of law” is covered by the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted and opened for signature Dec. 10, 1984, G.A. Res. 39/46, 39 U.N. GAOR Supp. No. 51, at 197, U.N. Doc. A/RES/39/708 (1984) (entered into force June 26, 1987; for the United States Apr. 18, 1988), but such conduct by an official who is not acting in an official capacity, also known as a “rogue official,” is not covered by the Convention.

(2) The key consideration in determining if a public official was acting under color of law is whether he was able to engage in torturous conduct because of his government position or if he could have done so without a connection to the government.

New Acting Court Administrator at New York – Varick Immigration Court

EOIR: Effective today, Paul Friedman is the Acting Court Administrator for the New York – Varick, Fishkill, and Ulster immigration courts. Paul is currently the Court Administrator for the Elizabeth Immigration Court in New Jersey. He will be splitting his time between the Elizabeth IC and the Varick IC each week.

Appeals court lifts some rulings blocking Trump ‘public charge’ rule for immigrants<https://www.politico.com/news/2019/12/05/trump-public-charge-immigrants-legal-076855>

Politico: A divided 9th Circuit panel clears away obstacles to a key administration immigration policy, but courts in other parts of the country [including SDNY] still have it on hold.

ACLU Files Lawsuit Challenging Programs that Rush Migrants Through Asylum Screenings Without Access to Attorneys in Border Patrol Facilities<https://www.aclutx.org/en/press-releases/aclu-files-lawsuit-challenging-programs-rush-migrants-through-asylum-screenings>

ACLU: The lawsuit states that the new programs – known as Prompt Asylum Claim Review (“PACR”) and the Humanitarian Asylum Review Process (“HARP”) – require the detention of asylum seekers in dangerous CBP facilities known as “hieleras” (or “iceboxes” for their freezing temperatures) with no meaningful way to obtain or consult with an attorney before their hearings.

Acevedo v. Barr Denied<https://law.justia.com/cases/federal/appellate-courts/ca2/17-3519/17-3519-2019-12-03.html>

Justia: The Second Circuit denied a petition for review of the BIA’s decision affirming the IJ’s determination that petitioner was removable and ineligible for cancellation of removal. The court held that petitioner’s conviction under New York Penal Law 110.00, 130.45 for attempted oral or anal sexual conduct with a person under the age of fifteen constitutes sexual abuse of a minor, and was therefore an aggravated felony under the Immigration and Nationality Act. The court explained that petitioner’s conviction under the New York statute did not encompass more conduct than the generic definition and could not realistically result in an individual’s conviction for conduct made with a less than knowing mens rea.

11th Circuit Defers to Matter of A-B-<https://immigrationcourtside.com/2019/12/04/11th-circuit-tanks-defers-to-matter-of-a-b-refugee-women-of-color-sentenced-to-potential-death-without-due-process-by-judges-elizabeth-l-branch-peter-t-fay-frank-m-hull/>

Courtside: The BIA concluded, based on recent precedent from the Attorney General, Matter of A-B-, 27 I. & N. Dec. 316 (A.G. 2018), that Amezcua-Preciado’s proposed social group of “women in Mexico who are unable to leave their domestic relationships” was not a cognizable particular social group under the Immigration and Nationality Act (“INA”).

Typo/ambiguity in the new I-912 instructions for SIJS<https://www.uscis.gov/i-192>

Page 6 of the new I-912 instructions state: “If you are applying for adjustment of status or filing related forms based on SIJ classification, you are not required to complete Part 2. of Form I-912 or to show proof of income to request a fee waiver.” Part 2 is the biographical information. It is possible this is an error and USCIS meant Part 3, regarding income. If you have any test cases that won’t age out, spread the word on how this plays out.

USCIS Extension of Comment Period on Proposed Rule with Adjustments to Fee Schedule and Other Changes<https://www.aila.org/advo-media/submit-feedback-notices-requests-for-comment/84-fr-67243-12-9-19>

USCIS extension of the comment period on the proposed rule published at 84 FR 62280 on 11/14/19, which would significantly alter the USCIS fee schedule and make other changes, including form changes. Comments are now due 12/30/19. (84 FR 67243, 12/9/19) AILA Doc. No. 19120900

EOIR to Open New Immigration Court in Los Angeles<https://www.aila.org/infonet/eoir-to-open-new-immigration-court-in-los-angeles>

EOIR will open a new immigration court in Los Angeles, on December 9, 2019. The Van Nuys Blvd. immigration court will cover Kern, San Luis Obispo, Santa Barbara, and Ventura counties, and parts of Los Angeles County. Notice includes court’s location, contact information, and hours of operation. AILA Doc. No. 19120234

CBP Meets with Privacy Groups to Discuss Biometric Entry-Exit Mandate<https://www.aila.org/infonet/cbp-meets-with-privacy-groups-to-discuss-biometric>

On 12/3/19, CBP met with privacy groups to discuss its implementation of the congressional biometric entry-exit mandate and the protection of traveler privacy during the biometric facial comparison process at ports of entry. CBP has implemented this technology at more than 20 U.S. ports of entry. AILA Doc. No. 19120432

DOS Final Rule Clarifying Passport Regulations Regarding Applicants with Seriously Delinquent Tax Debt<https://www.aila.org/infonet/dos-84-fr-67184-12-9-19>

DOS final rule making a clarification to the regulations on passports regarding situations in which a passport applicant is certified by the Secretary of the Treasury as having a seriously delinquent tax debt. The rule is effective 12/9/19. (84 FR 67184, 12/9/19) AILA Doc. No. 19120932

USCIS 60-Day Notice and Request for Comments on Additional Proposed Revisions to Form I-290B<https://www.aila.org/advo-media/submit-feedback-notices-requests-for-comment/uscis-84-fr-66924-12-6-19>

USCIS 60-day notice and request for comments on proposed revisions to Form I-290B, Notice of Appeal or Motion. USCIS originally published this notice at 84 FR 39359 and decided to propose additional changes in this new 60-day notice. Comments are due 2/4/20. (84 FR 66924, 12/6/19) AILA Doc. No. 19120934

ICE Opening New Detention Facility in West Texas<https://www.aila.org/infonet/ice-opening-new-detention-facility-in-west-texas>

ICE announced that it is opening the Bluebonnet Detention Center in Anson, Texas, the week of December 9, 2019. The facility, which will be managed by Management and Training Corporation (MTC), will house about 1,000 ICE detainees as they await outcomes of their immigration proceedings or removal.

AILA Doc. No. 19120430

ICE Provides Guidance on the Phase-Out of the Interactive Scheduling System<https://www.aila.org/infonet/ice-provides-guidance-on-the-phase-out>

Obtained via FOIA, ICE provided the guidance to ICE staff regarding the phase-out of the Interactive Scheduling System and replacement by the DHS Portal to schedule Notices to Appear. The Portal replaced CASE-ISS as of August 2019. Special thanks to Aaron Hall. AILA Doc. No. 19120330

Update to Form I-192, Application for Advance Permission to Enter as a Nonimmigrant. New Edition Dated Dec. 2, 2019.<https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDAsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAxOTEyMDMuMTM4MDU4MTEiLCJ1cmwiOiJodHRwczovL3d3dy51c2Npcy5nb3YvaS0xOTI_dXRtX3NvdXJjZT1yc3MtZmVlZCZ1dG1fY2FtcGFpZ249Rm9ybXMlMjBVcGRhdGVzIn0.igkmXB-R6v9goSblHb89LrAWdtcG83febe5H96Erz2U/br/72220790478-l>

Update to Form I-192, Application for Advance Permission to Enter as a Nonimmigrant. New Edition Dated Dec. 2, 2019.

Update to Form I-290B, Notice of Appeal or Motion. New Edition Dated Dec. 2, 2019.<https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDIsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAxOTEyMDMuMTM4MDU4MTEiLCJ1cmwiOiJodHRwczovL3d3dy51c2Npcy5nb3YvaS0yOTBiP3V0bV9zb3VyY2U9cnNzLWZlZWQmdXRtX2NhbXBhaWduPUZvcm1zJTIwVXBkYXRlcyJ9.BnD9VWQtxoxzTff9s58El_ZL4l5JOIv4hyGLDNNvDJE/br/72220790478-l>

Update to Form I-290B, Notice of Appeal or Motion. New Edition Dated Dec. 2, 2019.

Update to Form I-191, Application for Relief Under Former Section 212(c) of the Immigration and Nationality Act (INA). New Edition Dated Dec. 2, 2019.<https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDMsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAxOTEyMDMuMTM4MDU4MTEiLCJ1cmwiOiJodHRwczovL3d3dy51c2Npcy5nb3YvaS0xOTE_dXRtX3NvdXJjZT1yc3MtZmVlZCZ1dG1fY2FtcGFpZ249Rm9ybXMlMjBVcGRhdGVzIn0.9detMlYAc9qo9rwvtKBwQvFvEDlzTVJbDR2Bych15f0/br/72220790478-l>

Update to Form I-191, Application for Relief Under Former Section 212(c) of the Immigration and Nationality Act (INA). New Edition Dated Dec. 2, 2019.

RESOURCES

 *   Asylos<https://www.asylos.eu/>: Free country conditions database and individualized research.

 *   Practice Advisory: Strategies and Considerations in the Wake of Pereira v. Sessions<https://cliniclegal.org/resources/practice-advisory-strategies-and-considerations-wake-pereira-v-sessions>

 *   Practice Alert: Updates to the BIA Practice Manual<https://www.aila.org/infonet/practice-alert-updates-to-the-bia-practice-manual>

 *   USCIS Issues Policy Alert Regarding Fees for Submission of Benefits Requests<https://www.aila.org/infonet/uscis-issues-policy-alert-regarding-fees>

 *   GAO: Arrests, Detentions, and Removals, and Issues Related to Selected Populations<https://www.gao.gov/products/gao-20-36>

 *   New NY DMV Guidance<https://dmv.ny.gov/driver-license/driver-licenses-and-green-light-law> and license and permit guide<http://nysdmv.standard-license-and-permit-document-guide.sgizmo.com/s3/?_ga=2.197959914.472787525.1575669305-120439318.1520888742>

 *   DHS report on CBP detention of children and families<https://www.dhs.gov/sites/default/files/publications/fccp_final_report_1.pdf>

 *   FAQ: Federal Court’s Preliminary Injunction Restores Asylum Eligibility for Asylum Seekers Turned Back at Ports of Entry Before July 16, 2019<https://www.americanimmigrationcouncil.org/sites/default/files/other_litigation_documents/challenging_custom_and_border_protections_unlawful_practice_of_turning_away_asylum_seekers_faq.pdf>

 *   Human Rights Fiasco: The Trump Administration’s Dangerous Asylum Returns Continue<https://www.humanrightsfirst.org/sites/default/files/HumanRightsFiascoDec2019.pdf>

 *   Practice Pointer: CBP Transfer Notices for U Visa Petitions<https://asistahelp.org/wp-content/uploads/2019/11/Practice-Pointer_-Transfer-Notices-to-CBP.pdf>

 *   Forced Return to Danger: Civil Society Concerns with the Agreements Signed between the United States and Guatemala, Honduras, and El Salvador <https://www.lawg.org/wp-content/uploads/Forced-Return-to-Danger-STC-Civil-Society-Memo-12.4.19.pdf>

 *   Making Way for Corruption in Guatemala and Honduras<https://www.lawg.org/wp-content/uploads/LAWGEF-Guatemala-Honduras-memo-December-2019.pdf>

EVENTS

 *   12/10/19 Immigration Justice Campaign for a Free Webinar on Recent Attacks on Asylum<https://www.aila.org/about/announcements/join-ijc-for-free-webinar-recent-attacks-asylum>

 *   12/10/19 USCIS Invites Stakeholders to Teleconference on SIJ Classification Updates <https://www.aila.org/infonet/uscis-invites-stakeholders-teleconference-on-sij>

 *   12/10/19 Working With Transgender, Gender Non-conforming, and Non-binary Immigrants: A Guide for Legal Practitioners!<https://avp.us8.list-manage.com/track/click?u=fb8da3e27ad6713b5d8945fc2&id=70a5b33685&e=15233cf2a6>

 *   12/12/19 Family-Based Immigration<https://mailchi.mp/e0c658697ffb/save-the-dates-new-immigration-law-fundamentals-series?e=09f6a8c81a>

 *   12/12/19 Annual AILA New York Chapter Symposium<https://agora.aila.org/Conference/Detail/1637>

 *   12/13/19 Walk-through of our latest Practice Advisory: Adjustment Applications of TPS Holders<https://secure.everyaction.com/Ehcp3tCeXkSu6MU8WxWOTw2?emci=458c6463-4518-ea11-828b-2818784d6d68&emdi=eb297b03-6318-ea11-828b-2818784d6d68&ceid=6058633&contactdata=fMDCB%2fqMqZ3aN7qEu%2bEEOZ%2f2u0bt1aESH09dm5dECnvlpUiBkFdYswuRXlQCtzzyIpgKxImxdeQKGFsR9FmfW5bEKkiDV4xpC%2brHKTjalyc7w16jw%2bSgJg5GHlK0kroKZ05AP0aHGbsGnYQCk2EX70whLDCxYaRq%2f0jgrAKy3hBelwcS%2fB5nvMSmoeNxg%2f83NHhP5SSrMwjY6MHa0O9UbSCevL%2frb%2fQ2w9N1BEtsFNwULTT1RpAXYa1Axo%2fAcXRktUZ3InKJH5jCw7olAZDtDVKQemN6U%2fzkwURRNhwT4S32Y5xzNEB9X0qfvoiUKvxe>

 *   12/16/19 Census 101: Energizing and Mobilizing NYC Nonprofits to Get Out The Count<https://docs.google.com/forms/d/1rryroN2pG2kYUew8H3e8zCTyLRsqnyrB1o9RQ1e8L6s/edit>

 *   12/17/19 Adjustment of Status and Consular Processing<https://mailchi.mp/e0c658697ffb/save-the-dates-new-immigration-law-fundamentals-series?e=09f6a8c81a>

 *   12/17/19 Incredibly Credible: Preparing Your Client to Testify<https://agora.aila.org/Conference/Detail/1632>

 *   12/17/19 Keeping Our Communities Safe: The Impact of ICE Arrests at NYS Courts<https://www.eventbrite.com/e/keeping-our-communities-safe-the-impact-of-ice-arrests-at-nys-courts-registration-80735649501>

 *   12/20/19 Census 101: Energizing and Mobilizing NYC Nonprofits to Get Out The Count<https://docs.google.com/forms/d/1rryroN2pG2kYUew8H3e8zCTyLRsqnyrB1o9RQ1e8L6s/edit>

 *   2/6/20 Basic Immigration Law 2020: Business, Family, Naturalization and Related Areas<https://www.pli.edu/programs/basic-immigration-law?t=live>

 *   2/7/20 Asylum, Special Immigrant Juvenile Status, Crime Victim, and Other Forms of Immigration Relief 2020<https://www.pli.edu/programs/asylum-juvenile-immigration-relief?t=live>

 *   2/28/20 5th Annual New York Asylum and Immigration Law Conference

 *   7/23/20 Defending Immigration Removal Proceedings 2020<https://www.pli.edu/programs/defending-immigration-removal?t=live>

ImmProf

Sunday, December 8, 2019

 *   Music Break: Watch Lin-Manuel Miranda’s Stunning Video: “Immigrants (We Get the Job Done)”<https://lawprofessors.typepad.com/immigration/2019/12/music-break-watch-lin-manuel-mirandas-stunning-new-video-for-immigrants-we-get-the-job-done.html>

 *   Ninth Circuit Stays Injunction of Trump Public Charge Rule<https://lawprofessors.typepad.com/immigration/2019/12/ninth-circuit-stays-injunction-of-trump-public-charge-rule.html>

 *   Trump is trying to make it too expensive for poor American immigrants to stay<https://lawprofessors.typepad.com/immigration/2019/12/trump-is-trying-to-make-it-too-expensive-for-poor-american-immigrants-to-stay.html>

Saturday, December 7, 2019

 *   Immigrants’ access to legal assistance further diminished by EOIR memo<https://lawprofessors.typepad.com/immigration/2019/12/the-justice-department-recently-issueda-policy-memo-that-would-limit-immigrants-ability-to-rely-on-friends-of-the-court-for-l.html>

 *   Immigration Article of the Day: Aspiring Americans Thrown Out in the Cold: The Discriminatory Use of False Testimony Allegations to Deny Naturalization by Nermeen Arastu<https://lawprofessors.typepad.com/immigration/2019/12/immigrtaion-article-of-the-day-aspiring-americans-thrown-out-in-the-cold-the-discriminatory-use-of-f.html>

Friday, December 6, 2019

 *   Your Playlist: Luba Dvorak<https://lawprofessors.typepad.com/immigration/2019/12/your-playlist-luba-dvorak.html>

 *   Workplace Immigration Inquiries Quadruple Under Trump<https://lawprofessors.typepad.com/immigration/2019/12/workplace-immigration-inquiries-quadruple-under-trump.html>

 *   Inside the Cell Where a Sick 16-Year-Old Boy Died in Border Patrol Care<https://lawprofessors.typepad.com/immigration/2019/12/inside-the-cell-where-a-sick-16-year-old-boy-died-in-border-patrol-care.html>

 *   From the Bookshelves: The Ungrateful Refugee: What Immigrants Never Tell You by Dina Nayeri (2019)<https://lawprofessors.typepad.com/immigration/2019/12/from-the-bookshelves-the-ungrateful-refugee-what-immigrants-never-tell-you-by-dina-nayeri-2019.html>

Thursday, December 5, 2019

 *   Russian Finds Inventive Way to Swindle Migrants<https://lawprofessors.typepad.com/immigration/2019/12/russian-finds-inventive-way-to-swindle-migrants-.html>

 *   Immigration Article of the Day: Becoming Unconventional: Constricting the ‘Particular Social Group’ Ground for Asylum by Fatma E. Marouf<https://lawprofessors.typepad.com/immigration/2019/12/immigration-article-of-the-day-becoming-unconventional-constricting-the-particular-social-group-grou.html>

 *   University-Wide Scholarship Program for Displaced Students<https://lawprofessors.typepad.com/immigration/2019/12/university-wide-scholarship-program-for-displaced-students.html>

 *   Joseph A. Vail Asylum Law Workshop<https://lawprofessors.typepad.com/immigration/2019/12/joseph-a-vail-asylum-law-workshop.html>

 *   New Report Based on 3,000 Legal Screenings of Undocumented Immigrants<https://lawprofessors.typepad.com/immigration/2019/12/new-report-based-on-3000-legal-screenings-of-undocumented-immigrants.html>

 *   From the Bookshelves: They Came to Toil: Newspaper Representations of Mexicans and Immigrants in the Great Depression by Melita M. Garza<https://lawprofessors.typepad.com/immigration/2019/12/from-the-bookshelves-they-came-to-toil-newspaper-representations-of-mexicans-and-immigrants-in-the-g.html>

 *   Music Break: Rapper Rich Brian gets vulnerable about his Asian identity, immigration story<https://lawprofessors.typepad.com/immigration/2019/12/music-break-rapper-rich-brian-gets-vulnerable-about-his-asian-identity-immigration-story.html>

Wednesday, December 4, 2019

 *   Looking for Exam Inspiration?<https://lawprofessors.typepad.com/immigration/2019/12/looking-for-exam-inspiration-.html>

 *   GAO Report: Immigration-Related Prosecutions Increased from 2017 to 2018 in Response to U.S. Attorney General’s Direction<https://lawprofessors.typepad.com/immigration/2019/12/gao-report-immigration-related-prosecutions-increased-from-2017-to-2018-in-response-to-us-attorney-generals-direction.html>

 *   Peter Margulies: Court Issues Preliminary Injunction Against President Trump’s Ban on Uninsured Immigrants<https://lawprofessors.typepad.com/immigration/2019/12/peter-margulies-court-issues-preliminary-injunction-against-president-trumps-ban-on-uninsured-immigr.html>

 *   ICE bought state driver’s license records to track undocumented immigrants<https://lawprofessors.typepad.com/immigration/2019/12/ice-bought-state-drivers-license-records-to-track-undocumented-immigrants.html>

 *   “Building a Wall Out of Red Tape” from PRI/The World<https://lawprofessors.typepad.com/immigration/2019/12/pris-building-a-wall-out-of-red-tape.html>

 *   How McKinsey Helped the Trump Administration Detain and Deport Immigrants<https://lawprofessors.typepad.com/immigration/2019/12/how-mckinsey-helped-the-trump-administration-detain-and-deport-immigrants.html>

 *   Immigration Article of the Day: Faithful Execution: Where Administrative Law Meets the Constitution by Evan D. Bernick<https://lawprofessors.typepad.com/immigration/2019/12/immigration-article-of-the-day-faithful-execution-where-administrative-law-meets-the-constitution-by.html>

Tuesday, December 3, 2019

 *   From the Bookshelves: Perchance to DREAM: A Legal and Political History of the DREAM Act and DACA by Michael A. Olivas<https://lawprofessors.typepad.com/immigration/2019/12/from-the-bookshelves-perchance-to-dream-a-legal-and-political-history-of-the-dream-act-and-daca-by-m.html>

 *   Unprecedented: Trump Is First to Use PATRIOT Act to Detain a Man Forever<https://lawprofessors.typepad.com/immigration/2019/12/unprecedented-trump-is-first-to-use-patriot-act-to-detain-a-man-forever.html>

 *   El Sueño Americano | The American Dream: Photographs by Tom Kiefer<https://lawprofessors.typepad.com/immigration/2019/12/el-sue%C3%B1o-americano-the-american-dream-photographs-by-tom-kiefer.html>

 *   SCOTUSblog: Argument preview for Guerrero-Lasprilla v. Barr and Ovalles v. Barr<https://lawprofessors.typepad.com/immigration/2019/12/scotusblog-argument-preview-for-guerrero-lasprilla-v-barr-and-ovalles-v-barr.html>

 *   César Cuauhtémoc García Hernández: Abolish Immigration Prisons<https://lawprofessors.typepad.com/immigration/2019/12/c%C3%A9sar-cuauht%C3%A9moc-garc%C3%ADa-hern%C3%A1ndez-abolish-immigration-prisons-.html>

 *   History of United States Immigration Laws<https://lawprofessors.typepad.com/immigration/2019/12/history-of-united-states-immigration-laws.html>

Monday, December 2, 2019

 *   From the Bookshelves: Border Wars by Julie Hirschfield Davis and Michael D. Shear<https://lawprofessors.typepad.com/immigration/2019/12/from-the-bookshelves-border-wars-by-julie-hirschfield-davis-and-michael-d-shear.html>

 *   Is OPT in peril? Colleges sign amicus brief opposing end of OPT<https://lawprofessors.typepad.com/immigration/2019/12/is-opt-in-peril.html>

 *   A Fact Worth Remembering: Half of Undocumented Immigrants are Visa Overstays<https://lawprofessors.typepad.com/immigration/2019/12/a-fact-worth-remembering-half-of-undocumented-immigrants-are-visa-overstays.html>

 *   Immigration in Pop Culture: ICE Raid on “Shameless”<https://lawprofessors.typepad.com/immigration/2019/1

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

The item about the BIA’s atrociously wrong CAT interpretation in Matter of O-F-A-S-, the results of the Musalo visit to El Salvador, the continuing “go along to get along” with Trump’s legal abuses in immigration by gutless panels of the 9th & 11th Circuits in City & County of San Francisco and AMEZCUA-PRECIADO, respectively, and the expansion of lawless “Tent Courts” by EOIR ought to outrage every American.

On the flip side, the possibility that the Supremes will finally stiff the Regime’s bogus arguments for limiting or eliminating judicial review of final orders of removal and the new ACLU suit about the Regime’s unlawful schemes to prevent attorney access for asylum seekers provide at least some hope of better days to come for the “Good Guys of the Resistance.”  

Thanks, Elizabeth, for keeping the NDPA informed!

PWS

12-10-19

Related posts:

  1. GROSS NATIONAL DISGRACE: “A Fucking Disaster That Is Designed to Fail”: How Trump Wrecked America’s Immigration Courts — Fernanda Echavarri Reports For Mother Jones On How Our Failed Justice System Daily Abuses The Most Vulnerable While Feckless Legislators &   Smugly Complicit Article III Judges Look On & Ignore The Human Carnage They Are Enabling — “ Two days after US immigration officials sent her to Tijuana, she was raped.”
  2. TWO MORE FROM HON. JEFFREY CHASE EXPOSING TRUMP ADMINISTRATION’S CRIMES AGAINST HUMANITY & HOW THE COMPLICIT FEDERAL COURTS FURTHER THESE ABUSES! — “How innocent women and children resigning themselves to being severely beaten, raped, and killed in their home countries constitutes all problems being solved is beyond comprehension.”
  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. WHERE’S THE OUTRAGE? — 9th CIRCUIT JUDGES ASSIST REGIME’S AGENTS IN COMMITTING “CRIMES AGAINST HUMANITY” MERE YARDS FROM THE BORDER! — NDPA Leader Jodi Goodwin, Esquire, Speaks Out: “I’ve been practicing law for 25 years and the last four to five months of practicing law has broken me. I don’t want to fucking do this anymore. [Her voice breaks again] It sucks. How do you explain to people that you know they thought they were coming to a place where there’s freedom and safety and where the laws are just, but that’s not the situation? I’m very mad.”

WHAT ARE THE REGIME’S LATEST WHITE NATIONALIST, ANTI-IMMIGRANT SHENANIGANS? Find Out in This Week’s Gibson Report For 12-02-19 – Compiled By NDPA Superstar Elizabeth Gibson, Esquire, NY Legal Assistance Group!

Elizabeth Gibson
Elizabeth Gibson
Attorney, NY Legal Assistance Group
Publisher of “The Gibson Report”

TOP UPDATES

Growth in ICE Detention Fueled by Immigrants with No Criminal Conviction<https://trac.syr.edu/immigration/reports/583/>
TRAC: On the last day of April 2019, ICE held about 50,000 people in detention centers nationwide. Nearly 32,000 – or 64% – of detainees had no criminal conviction on record. This is up from 10,000 – or just under 40% of the nationwide total – four years prior.

ICE set up a fake university, then arrested 250 people granted student visas<https://www.washingtonpost.com/immigration/2019/11/27/ice-set-up-fake-university-then-arrested-people-it-gave-student-visas/?fbclid=IwAR3uCITOnHB2PdLpq0jqrbxxW15oBJdg2bd5wVcww1HIRGNgbPDbWMXbBM4>
WaPo: Nearly 80 percent of those who were arrested chose to voluntarily leave the United States, according to the ICE statement. Another 10 percent of the University of Farmington students received a “final removal order,” officials said, either from an immigration judge or from U.S. Customs and Border Protection.

Report: Fear Driving in Uptick in Number of Immigrants Visiting Soup Kitchens<https://www.wnyc.org/story/report-fear-driving-uptick-number-immigrants-visiting-soup-kitchens/>
WNYC: The report released Monday says a proposal from the Trump Administration to more strictly interpret the public charge rule, which would make it harder for immigrants taking public assistance to get green cards, is having a chilling effect on those seeking aid from the federal government, including food stamps. As a result, the report says more people are visiting food pantries and soup kitchens around the city, even if some family members are American citizens.

The Overlooked Illegal Immigrants: From India, China, Brazil<https://www.nytimes.com/2019/12/01/us/undocumented-visa-overstays.html>
NYT: President Trump has focused on blocking unauthorized crossings on the Southern border. But nearly half of those who are in the country unlawfully actually entered with permission.

Fewer Mexican Immigrants Coming to New York, Studies Say<https://citylimits.org/2019/11/25/fewer-mexican-immigrants-coming-to-new-york-studies-say/>
City Limits: New York State ranked third among states with the largest decline in its Mexican immigrant population in 2017, accounting for 27,196 of the 304,000 Mexicans who left the U.S. that year. The two states that saw the largest decline were California, which lost 137,352 people, and Texas, with 55,232.

Leaked Emails Fuel Calls For Stephen Miller To Leave White House<https://www.npr.org/2019/11/26/783047584/leaked-emails-fuel-calls-for-stephen-miller-to-leave-white-house>
NPR: Miller has recommended articles on AmRen and another white nationalist site called VDARE. We know this because the Southern Poverty Law Center has uncovered hundreds of emails that Miller wrote to a reporter at Breitbart News before he worked in the White House.

Florida poised to deputize prison guards to aid in undocumented immigrant crackdown<https://www.pnj.com/story/news/2019/11/25/florida-deputize-prison-guards-aid-undocumented-immigrant-crackdown/4295968002/>
News Service of FL: The move by Florida has been “reviewed and approved” by a federal advisory board, and the state is now “awaiting official notification of the Memorandum of Agreement from ICE,” the Florida Department of Corrections confirmed to The News Service of Florida on Friday.

Think Immigration: Why Immigration Lawyers Should Care about the TRAP Act – It Will Address INTERPOL Abuse<https://thinkimmigration.org/blog/2019/11/26/why-immigration-lawyers-should-care-about-the-trap-act-it-will-address-interpol-abuse/>
AILA member Sandra Grossman highlights the efforts in Congress to address the abuse of INTERPOL Red Notices in the U.S. immigration context and urges support for the TRAP Act which would move INTERPOL to improve transparency and deter abuse of their system.

Trump Says U.S. Will Designate Drug Cartels in Mexico as Terrorist Groups<l>
NYT: The comments, made in an interview with the former Fox News host Bill O’Reilly, came three weeks after nine American citizens, including six children, were killed in Mexico.

LITIGATION/CASELAW/RULES/MEMOS

EOIR Releases Memo on Legal Advocacy By Non-Representatives in Immigration Court<https://www.aila.org/infonet/eoir-releases-memo-on-legal-advocacy>
EOIR released a memo that reaffirms principles related to legal advocacy by non-representatives in immigration court proceedings as EOIR does not allow individuals to appear and engage in legal advocacy without being recognized as a legal representative. AILA Doc. No. 19112531

USCIS Issues Policy Alert Regarding Fees for Submission of Benefits Requests<https://www.aila.org/infonet/uscis-issues-policy-alert-regarding-fees>
USCIS issued policy guidance regarding submission and acceptance of fees for immigration benefit requests. The guidance, effective 12/2/19, establishes household income at or below 150 percent of the Federal Poverty Guidelines, or financial hardship, as the eligibility criteria for fee waivers. AILA Doc. No. 19102530

ICE Releases Warning About Misinformation on Social Media<https://www.aila.org/infonet/ice-warning-about-misinformation-on-social>
ICE warned that misinformation about ICE can be posted on social media. An example from 11/23/19 was provided, with ICE stating that, “reckless, irresponsible misinformation that continues to mislead the public concerning the mission of U.S. Immigration and Customs Enforcement (ICE).” AILA Doc. No. 19112606

Civil Rights Coalition Successfully Enjoins Presidential Health Insurance Proclamation<https://www.aila.org/advo-media/press-releases/2019/civil-rights-coalition-successfully-enjoins-presid>
AILA and our litigation partners obtained a preliminary nationwide injunction in Doe v. Trump, thereby ensuring that the administration’s attempt to ban immigrants based on their ability to obtain health insurance will not be implemented while litigation continues. AILA Doc. No. 19112661

Presidential Determination on Refugee Admissions for FY2020<https://www.aila.org/infonet/presidential-determination-refugee-admissions-fy20>
President Trump issued a determination on 11/1/19, setting the refugee admissions ceiling for FY2020 at 18,000. The determination also provides regional ceilings and admissions allocations based on category. (84 FR 65903, 11/29/19) AILA Doc. No. 19110402

EVENTS

*   12/3/19 BEYOND RESISTANCE: A Progressive Immigration Agenda for 2020<https://www.eventbrite.com/e/beyond-resistance-a-progressive-immigration-agenda-for-2020-tickets-70797586487?aff=ebdssbdestsearch>
*   12/4/19 Finding a Job in America – A Night of Comedy and Horror, by Immigrant Women<https://www.eventbrite.com/e/finding-a-job-in-america-a-night-of-comedy-and-horror-by-immigrant-women-tickets-75003013031?aff=ebdssbdestsearch>
*   12/4/-5/19 52nd Annual Immigration & Naturalization Institute<https://www.pli.edu/programs/immigration-and-naturalization-institute?t=live>
*   12/4/19 Public Charge Train the Trainer<https://tockify.com/thenyic/detail/72/1575468000000>
*   12/4/19 Legal Protections for Immigrant Children: Special Immigrant Juvenile Status (SIJS) and Asylum<https://www.eventbrite.com/e/legal-protections-for-immigrant-children-tickets-81737221229?aff=ebdssbdestsearch>
*   12/5/19 U Visas in Removal Proceedings<https://agora.aila.org/Conference/Detail/1629>
*   12/5/19 Trauma Informed Interviewing For Lawyers – NSC Pro Se Clinic<https://www.newsanctuarynyc.org/trauma_informed_interview_lawyer_training_20191205>
*   12/5/19 Foundations in Immigration Law<https://mailchi.mp/e0c658697ffb/save-the-dates-new-immigration-law-fundamentals-series?e=09f6a8c81a>
*   12/9/19 The Courtroom: A Re-Enactment of Deportation Proceedings<https://www.eventbrite.com/e/the-courtroom-a-re-enactment-of-deportation-proceedings-tickets-81550254005?aff=ebdssbdestsearch>
*   12/10/19 USCIS Invites Stakeholders to Teleconference on SIJ Classification Updates <https://www.aila.org/infonet/uscis-invites-stakeholders-teleconference-on-sij>
*   12/10/19 Working With Transgender, Gender Non-conforming, and Non-binary Immigrants: A Guide for Legal Practitioners!<https://avp.us8.list-manage.com/track/click?u=fb8da3e27ad6713b5d8945fc2&id=70a5b33685&e=15233cf2a6>
*   12/12/19 Family-Based Immigration<https://mailchi.mp/e0c658697ffb/save-the-dates-new-immigration-law-fundamentals-series?e=09f6a8c81a>
*   12/12/19 Annual AILA New York Chapter Symposium<https://agora.aila.org/Conference/Detail/1637>
*   12/17/19 Adjustment of Status and Consular Processing<https://mailchi.mp/e0c658697ffb/save-the-dates-new-immigration-law-fundamentals-series?e=09f6a8c81a>
*   12/17/19 Incredibly Credible: Preparing Your Client to Testify<https://agora.aila.org/Conference/Detail/1632>
*   12/17/19 Keeping Our Communities Safe: The Impact of ICE Arrests at NYS Courts<https://www.eventbrite.com/e/keeping-our-communities-safe-the-impact-of-ice-arrests-at-nys-courts-registration-80735649501>
*   2/6/20 Basic Immigration Law 2020: Business, Family, Naturalization and Related Areas<https://www.pli.edu/programs/basic-immigration-law?t=live>
*   2/7/20 Asylum, Special Immigrant Juvenile Status, Crime Victim, and Other Forms of Immigration Relief 2020<https://www.pli.edu/programs/asylum-juvenile-immigration-relief?t=live>
*   2/28/20 5th Annual New York Asylum and Immigration Law Conference
*   7/23/20 Defending Immigration Removal Proceedings 2020<https://www.pli.edu/programs/defending-immigration-removal?t=live>

ImmProf

Monday, December 2, 2019

*   From the Bookshelves: Border Wars by Julie Hirschfield Davis and Michael D. Shear<https://lawprofessors.typepad.com/immigration/2019/12/from-the-bookshelves-border-wars-by-julie-hirschfield-davis-and-michael-d-shear.html>
*   Is OPT in peril? Colleges sign amicus brief opposing end of OPT<https://lawprofessors.typepad.com/immigration/2019/12/is-opt-in-peril.html>
*   A Fact Worth Remembering: Half of Undocumented Immigrants are Visa Overstays<https://lawprofessors.typepad.com/immigration/2019/12/a-fact-worth-remembering-half-of-undocumented-immigrants-are-visa-overstays.html>
*   Immigration in Pop Culture: ICE Raid on “Shameless”<https://lawprofessors.typepad.com/immigration/2019/12/immigration-in-pop-culture-ice-raid-on-shameless.html>
Sunday, December 1, 2019

*   DHS Lacked Technology Needed to Successfully Account for Separated Migrant Families<https://lawprofessors.typepad.com/immigration/2019/12/dhs-lacked-technology-needed-to-successfully-account-for-separated-migrant-families.html>
*   Alan Cumming: The racism behind anti-immigration rhetoric is palpable to every immigrant. Including me.<https://lawprofessors.typepad.com/immigration/2019/12/alan-cumming-the-racism-behind-anti-immigration-rhetoric-is-palpable-to-every-immigrant-including-me.html>
*   NPR: ‘I Want To Be Sure My Son Is Safe’: Asylum-Seekers Send Children Across Border Alone<https://lawprofessors.typepad.com/immigration/2019/12/npr-i-want-to-be-sure-my-son-is-safe-asylum-seekers-send-children-across-border-alone.html>
Saturday, November 30, 2019

*   States Push Back Against ICE Courthouse Arrests<https://lawprofessors.typepad.com/immigration/2019/11/states-push-back-against-ice-courthouse-arrests.html>
*   #NoMusicForICE<https://lawprofessors.typepad.com/immigration/2019/11/nomusicforice.html>
*   Podcast This American Life Looks at the Remain in Mexico Policy<https://lawprofessors.typepad.com/immigration/2019/11/podcast-this-american-life-looks-at-the-remain-in-mexico-policy.html>
*   Call for Papers: Michigan Law School 2020 Junior Scholars Conference<https://lawprofessors.typepad.com/immigration/2019/11/call-for-papers-michigan-law-school-2020-junior-scholars-conference.html>
*   World Migration Report 2020<https://lawprofessors.typepad.com/immigration/2019/11/world-migration-report-2020-launched.html>
Friday, November 29, 2019

*   Your Playlist: James Brown<https://lawprofessors.typepad.com/immigration/2019/11/your-playlist-james-brown.html>
*   From the Bookshelves: Open: The Progressive Case for Free Trade, Immigration, and Global Capital by Kimberly Clausing<https://lawprofessors.typepad.com/immigration/2019/11/from-the-bookshelves-open-the-progressive-case-for-free-trade-immigration-and-global-capital-by-kimb.html>
Thursday, November 28, 2019

*   Two Men Walk Into A Bar…<https://lawprofessors.typepad.com/immigration/2019/11/two-men-walk-into-a-bar.html>
*   Happy Thanksgiving!<https://lawprofessors.typepad.com/immigration/2019/11/happy-thanksgiving.html>
Wednesday, November 27, 2019

*   Immigration Article of the Day: Reframing Taxigration by Jacqueline Lainez Flanagan<https://lawprofessors.typepad.com/immigration/2019/11/immigration-article-of-the-day-reframing-taxigration-by-jacqueline-lainez-flanagan-.html>
Tuesday, November 26, 2019

*   TRAC Immigration: Growth in ICE Detention Fueled by Immigrants with No Criminal Conviction<https://lawprofessors.typepad.com/immigration/2019/11/trac-immigration.html>
*   U.K. Truck Driver Admits Role in 39 Migrant Deaths<https://lawprofessors.typepad.com/immigration/2019/11/uk-truck-driver-admits-role-in-39-migrant-deaths.html>
*   Immigrants Played Vital Role in Trump Impeachment Hearings<https://lawprofessors.typepad.com/immigration/2019/11/immigrants-played-vital-role-in-trump-impeachment-hearings.html>
*   Immigrant Success Stories: Nearly Half of 2019 Rhodes Scholars are Immigrants<https://lawprofessors.typepad.com/immigration/2019/11/immigrant-success-stories-nearly-half-of-2019-rhodes-scholars-are-immigrants.html>
*   There’s no other way to explain Trump’s immigration policy. It’s just bigotry.<https://lawprofessors.typepad.com/immigration/2019/11/theres-no-other-way-to-explain-trumps-immigration-policy-its-just-bigotry.html>
*   Immigration Article of the Day: Immigration Litigation in the Time of Trump by Shoba Sivaprasad Wadhia<https://lawprofessors.typepad.com/immigration/2019/11/immigration-article-of-the-day-immigration-litigation-in-the-time-of-trump-by-shoba-sivaprasad-wadhi-1.html>
Monday, November 25, 2019

*   Proposed Changes to USCIS Rules for H1-B, H-4, EB-5, L-visas<https://lawprofessors.typepad.com/immigration/2019/11/proposed-changes-to-uscis-rules-for-h1-b-h-4-l-visas.html>
*   Sorry Mr. President, Americans Get Arrested More Often Than DACA Applicants<https://lawprofessors.typepad.com/immigration/2019/11/sorry-mr-president-americans-get-arrested-more-often-than-daca-applicants.html>
*   60 Minutes: A widow recalls how her husband and daughter drowned in the Rio Grande<https://lawprofessors.typepad.com/immigration/2019/11/60-minutes-a-widow-recalls-how-her-husband-and-daughter-drowned-in-the-rio-grande.html>
*   Immigration Article of the Day: Supremacy, Inc. by David S. Rubenstein<https://lawprofessors.typepad.com/immigration/2019/11/immigrtaion-article-of-the-day-supremacy-inc-by-david-s-rubenstein.html>

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

Truly a regime with endless capacity for fraud, waste, abuse, and just pure evil. Aided and abetted by complicit Article III Courts afraid to “Just Say No” to systematic statutory and Constitutional abuses.

Constantly Confront Complicit Courts 4 Change!

Due Process Forever!

PWS

12-03-19

Related posts:

  1. THE GIBSON REPORT — 06-22-20 – Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group – WORLD REFUGEE DAY WAS JUNE 20 – AMERICA’S TRUMP REGIME CELEBRATED BY ADVANCING A DISINGENUOUS RACIST ATTACK ON WORK AUTHORIZATION FOR ASYLUM SEEKERS – Just A Few Days After 8 Justices of Supremes Claimed Cluelessness About Trump’s Racist Immigration Agenda! (See, Item #2 Under “Top News”)
  2. 🇺🇸THE GIBSON REPORT — 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!🏴‍☠️
  3. THE GIBSON REPORT — 05-13-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  4. A VERY TRUMPY CHRISTMAS:  PERVERTING ASYLUM REGS; USING VULNERABLE KIDS AS BAIT; ORBITING REFUGEES TO DEADLY ASYLUM-FREE ZONES; SCREWING WITH LEGAL IMMIGRANTS; DEATH CAMPS; STAR CHAMBERS; MORE PROSECUTORS AS JUDGES; & OTHER “GIFTS” FROM THE REGIME & ITS ARTICLE III JUDICIAL ENABLERS — Get The “Holiday Horror Update” On All Of America’s Human Rights Abuses & Gratuitous Cruelty From The Gibson Report 12-23-19 

GET THE LATEST SKINNY ON THE REGIME’S ANTI-IMMIGRANT AGENDA HERE: The Gibson Report — 11-25-19 — Compiled By Elizabeth Gibson Esquire, NY Legal Assistance Group

Elizabeth Gibson
Elizabeth Gibson
Attorney, NY Legal Assistance Group
Publisher of “The Gibson Report”

TOP UPDATES

1st Honduran returned to Guatemala under US asylum accord<https://apnews.com/50f77fd8b67f49db8744daa788914187>

AP: Under a July agreement between the U.S. and Guatemala, asylum seekers have to file claims in Guatemala rather than in the United States if they crossed through Guatemala on their way to the U.S. border. The agreement primarily affects immigrants from Honduras and El Salvador whose land routes to the U.S. border pass through Guatemala. See also leaked training materials.<https://www.reuters.com/article/us-usa-immigration-guatemala-asylum/trump-administration-prepares-to-send-asylum-seekers-to-guatemala-idUSKBN1XU2SI>

The Trump Administration Was Ordered to Let These Migrants Seek Asylum. It Didn’t Tell the Judges Hearing Their Cases.<https://www.propublica.org/article/the-trump-administration-was-ordered-to-let-these-migrants-seek-asylum-it-didnt-tell-the-judges-hearing-their-cases>

ProPublica: A federal judge ruled Tuesday that migrants couldn’t be barred from asylum under a regulation that came out while they were waiting at the U.S.-Mexico border. The administration appears to be dragging its feet in complying.

Trump Plans Far-Reaching Set Of New Immigration Regulations<https://www.forbes.com/sites/stuartanderson/2019/11/21/trump-plans-far-reaching-set-of-new-immigration-regulations/#271a3870262a>

Forbes: Many items on the regulatory agenda aim to restrict asylum, which has already seen wholesale changes in procedures in the past three years.

NY’s Backlog of Immigration Cases Continues to Grow<https://www.ny1.com/nyc/all-boroughs/news/2019/11/21/ny-state-s-backlog-of-immigration-cases-continues-to-grow>

NY1: The Trump administration’s budget proposal calls for spending $71 million more and hiring an additional 100 judges and support staff next year.

A Top US Immigration Official Threatened To Fire Employees For Leaking Information To The Media<https://www.buzzfeednews.com/article/hamedaleaziz/us-immigration-officials-threatened-media-leaks>

BuzzFeed: “I feel like there were no leaks before USCIS started doing super-sketchy things,” one official told BuzzFeed News in response to the memo.

USCIS Issues Guidance on Adjustments by Individuals Whose Conditional Permanent Residence Has Been Terminated<https://www.aila.org/infonet/guidance-on-adjustments-by-cpr-individuals>

USCIS issued policy guidance on the application of Matter of Stockwell, clarifying when USCIS may adjust the status of an individual whose Conditional Permanent Resident (CPR) status has been terminated. An immigration judge does not need to affirm the termination of CPR status before the individual can file a new adjustment of status application. This guidance applies to adjustment of status applications filed with USCIS on or after 11/21/19. Comments are due by 12/5/19. AILA Doc. No. 19112190

LITIGATION/CASELAW/RULES/MEMOS

Scott Warren Not Guilty in Trial for Border Humanitarian Work<https://theintercept.com/2019/11/23/scott-warren-verdict-immigration-border/>

Intercept: A jury found Scott Warren not guilty in the government’s second attempt to lock him up for providing humanitarian aid on the border in Arizona.

5 Journalists Are Suing the U.S. Government After Border Officials Questioned Them at Length<https://www.commondreams.org/news/2019/11/21/attempt-criminalize-basic-human-kindness-fails-activist-scott-warren-found-not>

AP: The lawsuit filed by the American Civil Liberties Union recounts the experiences of the freelance photographers and seeks to test the limits of U.S. officials’ broad authority to question anyone, including journalists, entering the country.

<https://www.commondreams.org/news/2019/11/21/attempt-criminalize-basic-human-kindness-fails-activist-scott-warren-found-not>

Supreme Court sets briefing in case reviewing immigration advocacy as violation of statute prohibiting enouragement of unlawful presence<https://lawprofessors.typepad.com/immigration/2019/11/supreme-court-reviewing-immigration-advocacy-as-free-speech-vs-encouragement.html>

ImmProf: The Supreme Court has agreed to take up United States v. Sineneng-Smith this term, a case that concerns a little-used provision of immigration law that forbids “encourag[ing] or induc[ing] an alien to … reside in the United States” when the encourager knows that person has no legal status.

Matter of REYES, 27 I&N Dec. 708 (A.G. 2019)<https://go.usa.gov/xpXSc>

Pursuant to 8 C.F.R. §1003.1(h)(1)(i), I direct the Board of Immigration Appeals (“Board”) to refer this case to me for review of its decision. The Board’s decision in this matter is automatically stayed pending my review.  See Matter of Haddam, A.G. Order No. 2380-2001 (Jan. 19, 2001). To assist me, I invite the parties and interested amici to submit briefs that address whether an alien who has been convicted of a criminal offense necessarily has been convicted of an aggravated felony for purposes of 8 U.S.C. §1227(a)(2)(A)(iii), where all of the elements of the underlying statute of conviction, and thus all of the means of committing the offense, correspond either to an aggravated felony theft offense, as defined in 8 U.S.C. §1101(a)(43)(G), or to an aggravated felony fraud offense, as defined in 8 U.S.C. §1101(a)(43)(M)(i).

DHS Notice of Agreement Between United States and Guatemala Regarding Protection Claims<https://www.aila.org/infonet/dhs-84-fr-64095-11-20-19>

Posted 11/20/2019

DHS published a copy in the Federal Register of the Agreement Between the Government of the United States of America and the Government of the Republic of Guatemala on Cooperation Regarding the Examination of Protection Claims, which was signed on 7/26/19. (84 FR 64095, 11/20/19)

AILA Doc. No. 19112030

EOIR Releases Guidance on Implementation of Asylum Cooperative Agreements<https://www.aila.org/infonet/eoir-releases-guidance-on-implementation-of-asylum>

EOIR issued PM 20-04, with guidelines regarding new regulations providing for the implementation of the Asylum Cooperative Agreements. Guidance is effective as of 11/19/19 and applies to individuals who arrive at U.S. ports of entry, or enter, or attempt to enter on or after 11/19/19. AILA Doc. No. 19112036

EOIR Issues Guidance on Child Advocates Appointed by HHS for UACs<https://www.aila.org/infonet/eoir-issues-guidance-on-child-advocates-appointed>

EOIR issued PM 20-03 memorializing EOIR’s policy regarding child advocates appointed by the Secretary of Health and Human Services under the TVPRA of 2008, stating that this authority only exists for “child trafficking victims and other vulnerable unaccompanied alien children,” not for all UACs. AILA Doc. No. 19112035

USCIS Issues Policy Alert on USCIS Special Immigrant Juvenile Classification<https://www.aila.org/infonet/uscis-issues-policy-alert-uscis-special-immigrant>

USCIS updated the USCIS Policy Manual regarding the Special Immigrant Juvenile classification to incorporate recent clarifications made in three adopted AAO decisions. Clarifications are effective immediately and apply to cases pending on or filed on or after 11/19/19. Comments are due by 12/3/19. AILA Doc. No. 19111932

Executive Branch Fall 2019 Regulatory Plan<https://www.aila.org/infonet/executive-branch-fall-2019-regulatory-plan>

The Executive Branch released its Fall 2019 Regulatory Plan. AILA Doc. No. 19112132

EOIR Final Rule Exempting OCAHO Case Management System from Privacy Act<https://www.aila.org/infonet/eoir-84-fr-64198-11-21-19>

EOIR final rule exempting the “OCAHO Case Management System” system of records from certain provisions of the Privacy Act. The rule is effective 12/23/19. (84 FR 64198, 11/21/19) AILA Doc. No. 19112130

EVENTS

*   11/25/19 How to Fight the Harmful Proposed Changes to Immigration Filing Fees and Fee Waivers Webinar<https://www.ilrc.org/webinars/how-fight-harmful-proposed-changes-immigration-filing-fees-and-fee-waivers>

*   11/26/19 ONA Webinar – Court Ruling Upholds Special Immigrant Juvenile Status Protections<https://forms.gle/KxCvKv8EsXLNbcsVA>

*   12/4/-5/19 52nd Annual Immigration & Naturalization Institute<https://www.pli.edu/programs/immigration-and-naturalization-institute?t=live>

*   12/4/19 Public Charge Train the Trainer<https://tockify.com/thenyic/detail/72/1575468000000>

*   12/5/19 U Visas in Removal Proceedings<https://agora.aila.org/Conference/Detail/1629>

*   12/5/19 Trauma Informed Interviewing For Lawyers – NSC Pro Se Clinic<https://www.newsanctuarynyc.org/trauma_informed_interview_lawyer_training_20191205>

*   12/5/19 Foundations in Immigration Law<https://mailchi.mp/e0c658697ffb/save-the-dates-new-immigration-law-fundamentals-series?e=09f6a8c81a>

*   12/10/19 Working With Transgender, Gender Non-conforming, and Non-binary Immigrants: A Guide for Legal Practitioners!<https://avp.us8.list-manage.com/track/click?u=fb8da3e27ad6713b5d8945fc2&id=70a5b33685&e=15233cf2a6>

*   12/12/19 Family-Based Immigration<https://mailchi.mp/e0c658697ffb/save-the-dates-new-immigration-law-fundamentals-series?e=09f6a8c81a>

*   12/12/19 Annual AILA New York Chapter Symposium<https://agora.aila.org/Conference/Detail/1637>

*   12/17/19 Adjustment of Status and Consular Processing<https://mailchi.mp/e0c658697ffb/save-the-dates-new-immigration-law-fundamentals-series?e=09f6a8c81a>

*   12/17/19 Incredibly Credible: Preparing Your Client to Testify<https://agora.aila.org/Conference/Detail/1632>

*   12/17/19 Keeping Our Communities Safe: The Impact of ICE Arrests at NYS Courts<https://www.eventbrite.com/e/keeping-our-communities-safe-the-impact-of-ice-arrests-at-nys-courts-registration-80735649501>

*   2/7/20 Asylum, Special Immigrant Juvenile Status, Crime Victim, and Other Forms of Immigration Relief 2020<https://www.pli.edu/programs/asylum-juvenile-immigration-relief?t=live>

*   2/28/2020 5th Annual New York Asylum and Immigration Law Conference

ImmProf

Monday, November 25, 2019

*   60 Minutes: A widow recalls how her husband and daughter drowned in the Rio Grande<https://lawprofessors.typepad.com/immigration/2019/11/60-minutes-a-widow-recalls-how-her-husband-and-daughter-drowned-in-the-rio-grande.html>

*   Immigration Article of the Day: Supremacy, Inc. by David S. Rubenstein<https://lawprofessors.typepad.com/immigration/2019/11/immigrtaion-article-of-the-day-supremacy-inc-by-david-s-rubenstein.html>

Sunday, November 24, 2019

*   Deported & Disowned<https://lawprofessors.typepad.com/immigration/2019/11/deported-disowned.html>

*   Another Immigration Case for the Supreme Court? United States v. California<https://lawprofessors.typepad.com/immigration/2019/11/another-immigration-case-for-the-supreme-court-united-states-v-california.html>

*   Trump’s latest gambit: Send asylum seekers to ‘Safe Third Countries’ that are less than safe<https://lawprofessors.typepad.com/immigration/2019/11/trumps-latest-gambit-send-asylum-seekers-to-safe-third-countries-that-are-less-than-safe.html>

*   U.S.-Canada Border Community’s Culture Changes As Security Tightens<https://lawprofessors.typepad.com/immigration/2019/11/us-canada-border-communitys-culture-changes-as-security-tightens.html>

*   Immigration Article of the Day: The Trauma of Trump’s Family Separation and Child Detention Actions: A Children’s Rights Perspective by Jonathan Todres and Daniela Villamizar Fink<https://lawprofessors.typepad.com/immigration/2019/11/immigration-article-of-the-day-the-trauma-of-trumps-family-separation-and-child-detention-actions-a-.html>

Saturday, November 23, 2019

*   Your Playlist: The Beatles<https://lawprofessors.typepad.com/immigration/2019/11/your-playlist-the-beatles.html>

*   Immigration Article of the Day: Trump’s ‘Immployment’ Law Agenda: Intensifying Employment-Based Enforcement and Un-Authorizing the Authorized by Kati L. Griffith & Shannon Gleeson<https://lawprofessors.typepad.com/immigration/2019/11/immigration-article-of-the-day-trumps-immployment-law-agenda-intensifying-employment-based-enforceme.html>

Friday, November 22, 2019

*   Immigrant of the Day: Dr. Fiona Hill<https://lawprofessors.typepad.com/immigration/2019/11/immigrant-of-the-day-dr-fiona-hill.html>

*   Karen Musalo: Restore asylum for women fleeing abuse and death<https://lawprofessors.typepad.com/immigration/2019/11/karen-musalo-restore-asylum-for-women-fleeing-abuse-and-death-.html>

*   Immigration Article of the Day: Enter at Your Own Risk: Criminalizing Asylum-Seekers by Thomas M. McDonnell and Vanessa H. Merton<https://lawprofessors.typepad.com/immigration/2019/11/immigration-article-of-the-day-enter-at-your-own-risk-criminalizing-asylum-seekers-by-thomas-m-mcdon.html>

Thursday, November 21, 2019

*   New Homeland Security Asylum Rule Allows Removal to Central American Countries That Have Signed Agreements With the U.S.<https://lawprofessors.typepad.com/immigration/2019/11/new-homeland-security-asylum-rule-allows-removal-to-central-american-countries-that-have-signed-agreements-with-the-us.html>

*   Five Films about Immigration and Belonging, intro by Viet Thanh Nguyen<https://lawprofessors.typepad.com/immigration/2019/11/five-films-about-immigration-and-belonging-intro-by-viet-thanh-nguyen.html>

*   News from the US/Mexico Border: JURY ACQUITS NO MORE DEATHS VOLUNTEER OF FELONY HARBORING CHARGES<https://lawprofessors.typepad.com/immigration/2019/11/news-from-teh-usmexico-border-jury-acquits-no-more-deaths-volunteer-of-felony-harboring-charges.html>

*   Immigration Article of the Day: What Matter of Soram Got Wrong: ‘Child Abuse’ Crimes that May Trigger Deportation Are Constantly Evolving and Even Target Good Parents by Kari E. Hong & Philip Torrey<https://lawprofessors.typepad.com/immigration/2019/11/immigration-article-of-the-day-what-matter-of-soram-got-wrong-child-abuse-crimes-that-may-trigger-de.html>

Wednesday, November 20, 2019

*   Professor Tom Wong Announces Bid for 53rd Congressional District (San Diego, Californa)<https://lawprofessors.typepad.com/immigration/2019/11/professor-tom-wong-announces-bid-for-53rd-congressional-district-san-diego-californa.html>

*   Supreme Court sets briefing in case reviewing immigration advocacy as violation of statute prohibiting enouragement of unlawful presence<https://lawprofessors.typepad.com/immigration/2019/11/supreme-court-reviewing-immigration-advocacy-as-free-speech-vs-encouragement.html>

*   Inspector General sounds warning about lack of permanent senior leadership at DHS<https://lawprofessors.typepad.com/immigration/2019/11/inspector-general-sounds-warning-about-lack-of-permanent-senior-leadership-at-dhs.html>

*   From the Bookshelves: No Friend But the Mountains: Writing from Manus Prison by Behrouz Boochani<https://lawprofessors.typepad.com/immigration/2019/11/from-the-bookshelves-no-friend-but-the-mountains-writing-from-manus-prison-by-behrouz-boochani.html>

*   Immigration Article of the Day: 287(g) Agreements in the Trump Era by Huyen Pham<https://lawprofessors.typepad.com/immigration/2019/11/immigration-article-of-the-day-287g-agreements-in-the-trump-era-by-huyen-pham.html>

Tuesday, November 19, 2019

*   BREAKING: Federal Court Blocks Trump Asylum Ban from Being Applied to Thousands of Asylum Seekers<https://lawprofessors.typepad.com/immigration/2019/11/breaking-federal-court-blocks-trump-asylum-ban-from-being-applied-to-thousands-of-asylum-seekers.html>

*   President Trump’s Latest Efforts to Stop the Flow of Central American Asylum Seekers to the United States<https://lawprofessors.typepad.com/immigration/2019/11/president-trumps-latest-efforts-to-stop-the-flow-of-central-american-asylum-seekers-to-the-united-st.html>

*   From the Bookshelves: America for Americans:  A History of Xenophobia in the United States by Erika Lee<https://lawprofessors.typepad.com/immigration/2019/11/from-the-bookshelves-america-for-americans-a-history-of-xenophobia-in-the-united-states-by-erika-lee.html>

*   Immigration Article of the day: Rodrigo’s Rebuke: Originary Violence and U.S. Border Policy by Richard Delgado<https://lawprofessors.typepad.com/immigration/2019/11/immigration-article-of-the-day-rodrigos-rebuke-originary-violence-and-us-border-policy-by-richard-de.html>

*   Fox Sports: America’s best foreign imports in sports<https://lawprofessors.typepad.com/immigration/2019/11/fox-sports-americas-best-foreign-imports-in-sports.html>

Monday, November 18, 2019

*   Pete Wilson Continues to Defend Proposition 187<https://lawprofessors.typepad.com/immigration/2019/11/pete-wilson-continues-to-defend-proposition-187.html>

*   From the Booksheves: Immigration and Nationality Law:  Problems and Strategies by Lenni B. Benson, Stephen W. Yale-Loehr, Shoba Sivaprasad Wadhia, second edition<https://lawprofessors.typepad.com/immigration/2019/11/from-the-booksheves-immigration-and-nationality-law-problems-and-strategies-by-lenni-b-benson-stephe.html>

*   Guest Post: RELIANCE INTERESTS AND FUTURE DACA LITIGATION by Geoffrey A. Hoffman<https://lawprofessors.typepad.com/immigration/2019/11/guest-post-reliance-interests-and-future-daca-litigation-by-geoffrey-a-hoffman.html>

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

So many ways to screw migrants out of their rights and lives. So many unethical government officials doing it. So many Article III Judges looking the other way.

PWS

11-25-19

Related posts:

  1. ⭐️⭐️⭐️⭐️⭐️⚖️🗽🇺🇸FORMER DEPUTY AG DON AYER, JUDGE MIMI TSANKOV AMONG “HEADLINERS” AT TIMELY UPCOMING NY CITY BAR ASSN. EVENT: “Rule of Law Forum – Preserving the Rule of Law in an Age of Disruption” — Register Now, Right Here!
  2. KEEP UP TO DATE WITH ALL OF THE REGIME’S LATEST ANTI-IMMIGRANT SCHEMES, GIMMICKS, & SHENANIGANS – THE GIBSON REPORT – 01-06-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  3. THE GIBSON REPORT – 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 — 10-05-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Federal Judge Rules Trump Not A Monarch; More Intentional Cruelty, Lies, & Threats Of Politically-Inspired Racist Attacks On Ethnic Communities From DHS; Trump Regime Dumps On Refugees & Commies; Cert. Granted In Credibility Case Apparently Seeking To Screw Refugees At Request Of SG; & Other “Interesting & Sometimes Disturbing Stuff”⚖️

THE GIBSON REPORT – 10-29-19 – Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

Elizabeth Gibson
Elizabeth Gibson
Attorney, NY Legal Assistance Group
Publisher of “The Gibson Report”

THE GIBSON REPORT – 10-29-19 – Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

 

TOP UPDATES

 

USCIS Updates Fee Waiver Requirements

USCIS has issued a new fee waiver form eliminating the means-tested benefits section. Any submission postmarked on or after December 2 must use the new form. The new form instructions include detailed documentation instructions, requiring tax transcripts or proof that tax transcripts are unavailable for most scenarios. For information on obtaining federal income tax transcripts without a fee, see www.irs.gov/individuals/get-transcript. You may also use IRS Form 4506-T to request income tax transcripts, or Form 1099 Certain Government Payments from the IRS.

 

Two CrimImm Decisions from the AG

  • THOMAS and THOMPSON, 27 I&N Dec. 674 (A.G 2019):(1) The tests set forth in Matter of Cota-Vargas, Matter of Song, and Matter of Estrada will no longer govern the effect of state-court orders that modify, clarify, or otherwise alter a criminal alien’s sentence. (2) Such state-court orders will be given effect for immigration purposes only if based on a procedural or substantive defect in the underlying criminal proceeding; these orders will have no effect for immigration purposes if based on reasons unrelated to the merits of the underlying criminal proceeding, such as rehabilitation or the avoidance of immigration consequences.
  • CASTILLO-PEREZ, 27 I&N Dec. 664 (A.G. 2019): Evidence of two or more convictions for driving under the influence during the relevant period establishes a presumption that an alien lacks good moral character under INA § 101(f), 8 U.S.C. § 1101(f)…Because only aliens who possessed good moral character for a 10-year period are eligible for cancellation of removal under section 240A(b) of the INA, 8 U.S.C. § 1229b(b), such evidence also presumptively establishes that the alien’s application for that discretionary relief should be denied.

 

TRAC Reports Increasing IJ Caseloads and Lengthening Hearing Wait Times

TRAC reports that IJ caseloads have grown substantially under the Trump administration. By 9/30/19, 1,023,767 “active” cases were pending compared to 542,411 at the start of the administration. At some locations, immigrants now wait an average of four years before their hearing is scheduled. AILA Doc. No. 19102532

 

‘Secret and unaccountable’: Where some immigrant teens are being taken by ICE

CNN: For more than a decade, ICE has been taking a small number of immigrant teens it deems to be dangerous far from their families and detaining them for months at a time…The places these youth are held don’t appear on ICE’s online map of detention centers. The agency doesn’t make its reports about the conditions of the facilities available like it does for others. And family members can’t find their loved ones using the federal government’s official detainee locator since it only provides information on adults.

 

Most States Not Giving Driver’s License Data to Washington

AP: At least 13 states have refused to share the driver’s license data, 17 are still deciding what to do, and 17 haven’t yet received a request, according to the AP survey. Three states didn’t respond to multiple AP queries…Two of the biggest states, California and New York, haven’t received requests yet. See also Lawsuit over voting rights in Rensselaer County in hands of judge.

 

In north Louisiana, sheriff and private prison operator trade prisoners for ICE detainees

NOLA: As the number of immigrants held behind bars nationwide has grown under President Donald Trump, ICE has turned to Louisiana sheriffs and private prison operators. Louisiana is now the No. 2 jailer of immigration detainees, behind Texas.

 

The Trump administration is still separating children from their family members at the border. Inside a hidden crisis

Guardian: A federal judge in San Diego ordered the Trump administration in the summer of 2018 to reunite families and stop separating most parents and children. But the court order does not apply to non-parents, and the administration keeps separating people like Alexa – aunts, grandparents or older siblings who commonly step in as guardians without formal paperwork – from the children they’re traveling with, without any procedure to reunite them. (The government also continues splitting up some children from their parents, citing reasons such as the parents’ criminal history.)

 

Children Die at Record Speed on U.S. Border While Coyotes Get Rich

Bloomberg: Nineteen children died during attempted crossings in the first nine months of 2019, by drowning, dehydration or illness, according to the UN’s “Missing Migrants” research project. That’s up from four reported through September 2018 and by far the most since the project began gathering data in 2014, when two died that entire year. Women are dying in greater numbers, too—44 in the year through September, versus 14 last year.

 

Criminal misconduct by US border officers has reached a 5-year high

Quartz: The number of arrests of CBP officers and Border Patrol agents, according to the report, had been on a half-decade decline before leaping 11% between fiscal years 2017 and 2018. (Arrests of officers and agents increased annually starting in 2007 and hit a high of 348 in 2012 before going down again.)

 

ICE Deleted Surveillance Video Of A Transgender Asylum-Seeker Who Died In Its Custody

Buzzfeed: “The requested video is no longer available,” said a supervisory detention and deportation officer in an Aug. 28, 2018, email. “The footage is held in memory up to around 90 days. They attempted to locate and was negative.”

 

Mexico flies 300 Indian migrants to New Delhi in ‘unprecedented’ mass deportation

Reuters: The move follows a deal Mexico struck with the United States in June, vowing to significantly curb U.S.-bound migration in exchange for averting U.S. tariffs on Mexican exports…Most of the deportees were from India’s northern Punjab state, an Indian official said. Police will run checks if any of them had criminal history, another official said.

 

Children of Poor Immigrants Rise, Regardless of Where They Come From

NYT: A pattern that has persisted for a century: They tend to outperform children of similarly poor native-born Americans.

 

LITIGATION/CASELAW/RULES/MEMOS

 

IJ Terminates Removal Proceedings After Finding DHS Inappropriately Subjected Respondents to MPP Program

The Immigration Judge terminated removal proceedings after finding that DHS inappropriately subjected respondents to the MPP program since they were not arriving aliens. In the Matter of , 9/17/19 AILA Doc. No. 19102440

 

Trump Asks Top Court to Toss California Immigrant Sanctuary Law

Bloomberg: President Donald Trump’s administration asked the U.S. Supreme Court to throw out a California immigrant-sanctuary law that restricts local police from helping federal authorities round up and deport people who are in the country illegally. In an appeal filed this week, the administration said the 2017 measure undermines federal immigration enforcement efforts.

 

AG Vacates Decisions and Remands to Assess State-Court Alternations in Light of the Pickering Test

The AG vacated two decisions as they were based on earlier precedents that were overruled and remanded for the Board to assess the state-court alteration in light of the Pickering test. Matter of Thomas and Matter of Thompson, 27 I&N Dec. 674 (A.G. 2019) AILA Doc. No. 19102801

 

Attorney General Affirms BIA’s Order in Matter of Castillo-Perez on Multiple DUIs and the Good Moral Character Standard

The AG affirmed the BIA’s order vacating the IJ’s decision to grant cancellation of removal, holding that two or more DUI convictions during the relevant period establish a presumption of lack of good moral character during that time. Matter of Castillo-Perez, 27 I&N Dec. 664 (A.G. 2019) AILA Doc. No. 19102800

 

Chasing Down the Rumors: EOIR Asylum Clock Glitch (Updated 10/24/19)

AILA members have reported a nationwide EOIR glitch that has caused some clients’ asylum clocks to stop in error. If a client should have already reached the 150 days and is ready to file for an EAD, attorneys should call the local court directly to manually resolve this issue. AILA Doc. No. 16112144

 

BIA Vacates Denial of Continuance for U Visa Applicant

Unpublished BIA decision holds that IJ erred in denying continuance to await adjudication of U visa application solely because it was not a form of relief that could be granted by the court. Special thanks to IRAC. (Matter of De La Cruz, 3/25/19) AILA Doc. No. 19102102

 

BIA Vacates Finding That Respondent Was Ineligible for 212(h) Waiver

Unpublished BIA decision holds that IJ should have considered respondent’s testimony that bag contained only marijuana residue before finding that he was ineligible for waiver under INA 212(h). Special thanks to IRAC. (Matter of Zavala, 4/1/19) AILA Doc. No. 19102305

 

BIA Vacates Finding That Respondent Engaged in Polygamy

Unpublished BIA decision finds that respondent did not necessarily engage in polygamy by marrying second wife before being officially divorced from first wife. Special thanks to IRAC. (Matter of Cisse, 4/1/19) AILA Doc. No. 19102306

 

BIA Holds Findings Made Pursuant to Sex Offender Registration Do Not Qualify as “Elements”

Unpublished BIA decision holds that findings made by West Virginia trial judge in requiring respondent to register as a sex offender do not qualify as “elements” that can be considered under the categorical approach. Special thanks to IRAC. (Matter of Leguia Chuquichaico, 3/29/19) AILA Doc. No. 19102404

 

BIA Finds California Assault Statute Not a CIMT

Unpublished BIA decision holds that assault against cohabitant under Cal. Penal Code 273.5(a) is not a CIMT. Special thanks to IRAC. (Matter of Ramirez-Cortez, 3/19/19) AILA Doc. No. 19102101

 

BIA Reopens and Terminates Proceedings Following Vacatur of Marijuana Conviction

Unpublished BIA decision reopens and terminates proceedings following vacatur of one of respondent’s two convictions for possession of 20 grams or less of marijuana, leaving the remaining conviction subject to the personal use exception. Special thanks to IRAC. (Matter of Herrera, 3/27/19) AILA Doc. No. 19102103

 

CA9 Declines to Rehear Dai v. Sessions En Banc

The court issued an order denying the rehearing en banc of Dai v. Sessions, in which the court held that, in the absence of an explicit adverse credibility determination by the IJ or the BIA, the court must accept as true the testimony of an asylum applicant. (Dai v. Barr, 10/22/19) AILA Doc. No. 19102435

 

CA10 Upholds Denial of Asylum to Salvadoran Threatened Due to Political Graffiti Painted on His House

The court upheld the BIA’s conclusions that the assault petitioner suffered was based on a personal disagreement rather than on account of his political opinion, and that the threat of future harm made to him was not due to his imputed political opinion. (Escobar-Hernandez v. Barr, 10/18/19) AILA Doc. No. 19102436

 

Afghans and Iraqis File Class Action Challenge Alleging Long Processing Delays of Special Immigrant Visa Applications

A district court issued a memo stating that the government’s delays in the processing and adjudication of the SIV applications and members of the class are unreasonable and ordered that the government submit a plan for promptly processing and adjudicating the applications of current class members. AILA Doc. No. 19102230

 

USCIS Issues Policy Alert on Defining “Residence” in Statutory Provisions Related to Citizenship

USCIS issued policy guidance to address requirements for “residence” in statutory provisions related to citizenship, and to rescind previous guidance regarding children of U.S. government employees and members of U.S. armed forces outside the United States. This policy is effective 10/29/19. AILA Doc. No. 19082800

 

RESOURCES

 

 

EVENTS

   

 

ImmProf

 

Monday, October 28, 2019

Sunday, October 27, 2019

Saturday, October 26, 2019

Friday, October 25, 2019

Thursday, October 24, 2019

Wednesday, October 23, 2019

Tuesday, October 22, 2019

Monday, October 21, 2019

 

This email, including any attachments, may contain information that is legally privileged and/or confidential. If you are not the person this email was intended to reach, then do not share, distribute, or copy it. Please notify the person who sent this email immediately and then delete the email, including any attachments.

 

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

Thanks, Elizabeth, for your dedication to the “New Due Process Army.”

 

PWS

 

10-31-19

 

Related posts:

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

THE GIBSON REPORT — 10-21-19 – Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

THE GIBSON REPORT — 10-21-19 – Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

Elizabeth Gibson
Elizabeth Gibson
Attorney, NY Legal Assistance Group
Publisher of “The Gibson Report”

TOP UPDATES

 

Migrants stuck in detention as tough new Trump asylum rule is only partially implemented

NBC: “Returns under the IFR policy have not started,” ICE spokeswoman Paige Hughes said, referring to the “interim final rule” the Trump administration announced this summer. Instead, immigration attorneys say, immigrants who have been ordered deported under the new policy are languishing in detention inside the U.S. because they have no right to stay but also have not been put on flights back to their home country.

 

Mexico sends asylum seekers south — with no easy way to return for U.S. court dates

LA Times: As the numbers rise, Mexico, in many cases, has opted for a controversial solution: Ship as many asylum seekers as possible more than 1,000 miles back here in the apparent hope that they will opt to return to Central America — even if that implies endangering or forgoing prospective political asylum claims in U.S. immigration courts. Mexican officials, sensitive to criticism that they are facilitating Trump’s hard-line deportation agenda, have been tight-lipped about the shadowy busing program, under which thousands of asylum seekers have been returned here since August.

 

Trump’s Acting Immigration Director Claims Ending Birthright Citizenship Would Not Require Constitutional Amendment

Newsweek: Ken Cuccinelli, the acting director of U.S. Citizenship and Immigration Services, said Wednesday that ending birthright citizenship does not need a Constitutional amendment.

 

USCIS’s Cuccinelli Boasts Of Increasing Immigration Bureaucracy

Forbes: Since 2017, Trump administration policies have focused on restricting the entry of immigrants and foreign nationals, including scientists and engineers. “Denial rates for new H-1B petitions have increased significantly, rising from 6% in FY 2015 to 32% in the first quarter of FY 2019,” according to a National Foundation for American Policy analysis.

 

U.S. Takes Step to Require Asylum-Seekers’ DNA

AP: The Justice Department will publish an amended regulation Monday that would mandate DNA collection for almost all migrants who cross between official entry points and are held even temporarily, according to the official.

 

GAO Report Says DHS Needs to Reduce Backlogged FOIA Requests and Eliminate Duplicate Processing

A GAO report says that DHS’s backlog of unfulfilled FOIA requests almost doubled between 2012–18, but DHS has no plan to address its backlog of more than 50,000 requests. DHS also continues to have a duplicative process for FOIA requests for certain immigration files, which slows processing times. AILA Doc. No. 19101804

 

Surge of Mexican migrants is new challenge for Trump border crackdown

WaPo: A sudden increase in the number of Mexican families and asylum seekers trying to cross into the United States has raised fears of a new border crisis, frustrating Department of Homeland Security officials who are unable to deter Mexican nationals with the same restrictive immigration policies designed to keep Central Americans out of the country.

 

More refugee flights to the US are being canceled

CNN: Flights for refugees who have been approved to come to the United States continue to be canceled, in some cases for the second time, CNN has learned.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Two Cases Granted SCOTUS Cert

SCOTUSblog: For USA Today, Richard Wolf reports that Department of Homeland Security v. Thuraissigiam, in which the court will decide whether limitations on review of expedited deportation orders are constitutional, “is one of several challenging the Trump administration’s efforts to crack down on migrants seeking asylum after crossing the Mexican border.” Kimberly Robinson reports at Bloomberg Law that in another immigration case, Nasrallah v. Barr, the justices will resolve a split between the lower courts “over whether courts can review factual findings underlying a government refusal to halt the deportation of immigrants convicted of a crime but who argue that they will face persecution or even torture if sent back to their home countries.”

 

Supreme Court Stays Injunction Against Asylum Ban 2.0

The United Nations High Commissioner of Refugees submitted an amicus brief telling the Ninth Circuit that the Trump administration’s asylum interim final rule issued on 7/16/19, “is at variance with two international law protections.” (East Bay Sanctuary Covenant, et al. v. Barr, et al.) AILA Doc. No. 19071800

 

District Court Grants Class Certification in Case Challenging USCIS and ICE FOIA Delays

The court issued an order granting class certification in a nationwide class action filed by the American Immigration Council and partners challenging systemic violations of the FOIA by DHS, USCIS, and ICE. (Nightingale et al. v. USCIS et al., 10/15/19) AILA Doc. No. 19062003

 

5 transgender immigrants on Staten Island file lawsuit alleging asylum ‘limbo’

SILive: They are among five transgender women from Staten Island who have filed a lawsuit against United States Citizenship and Immigration Services (USCIS) and officials from the Department of Homeland Security (DHS), alleging they have been waiting for an interview on their asylum case for almost three years – something that should happen 45 days after filing an affirmative asylum application, according to USCIS policies.

 

DOJ Prosecuted Record Number of Immigration-Related Offenses in FY2019

DOJ announced that that in FY2019, its U.S. Attorneys’ Offices prosecuted the highest number of immigration-related offenses since record-keeping began more than 25 years ago—25,426 individuals with felony Illegal Reentry, 80,866 with misdemeanor Improper Entry, and 4,297 with Alien Smuggling. AILA Doc. No. 19101801

 

USCIS Clarifies Special Immigrant Juvenile Classification

USCIS issued three AAO adopted decisions clarifying SIJ classification. USCIS now requires evidence of a court’s intervention to provide relief beyond a statement that the juvenile is court-dependent. The decisions go into effect October 15, 2019, and will apply to pending and future petitions. AILA Doc. No. 19101593

 

USCIS Issues Policy Memorandum Designating AAO Decision in Matter of E-A-L-O- as an Adopted Decision

USCIS designated the AAO decision in Matter of E-A-L-O- as an adopted decision, noting that whether a state court order establishes eligibility for SIJ classification is a question within USCIS’s sole jurisdiction. Matter of E-A-L-O, Adopted Decision 2019-04 (AAO October 11, 2019) AILA Doc. No. 19101592

 

USCIS Issues Policy Memorandum Designating AAO Decision in Matter of D-Y-S-C- as an Adopted Decision

USCIS designated the AAO decision in Matter of D-Y-S-C- as an adopted decision, noting that SIJ classification may only be granted upon USCIS’s consent to juveniles who meet all other eligibility criteria. Matter of D-Y-S-C, Adopted Decision 2019-02 (AAO October 11, 2019) AILA Doc. No. 19101591

 

USCIS Issues Policy Memorandum Designating AAO Decision in Matter of A-O-C- as an Adopted Decision

USCIS designated the AAO decision in Matter of A-O-C- as an adopted decision, noting that juveniles seeking SIJ classification must have been subject to a dependency or custody order issued by a “juvenile court.” Matter of A-O-C, Adopted Decision 2019-03 (AAO October 11, 2019) AILA Doc. No. 19101590

 

BIA Finds Crime of Dissuading a Witness in Violation of §136.1(b)(1) of the California Penal Code Is an Aggravated Felony Offense

Applying Matter of Valenzuela Gallardo retroactively, BIA dismissed respondent’s appeal finding that the crime of dissuading a witness in violation of §136.1(b)(1) of the CA Penal Code is categorically an aggravated felony offense. Matter of Cordero-Garcia, 27 I&N Dec. 652 (BIA 2019) AILA Doc. No. 19101806

 

BIA Finds Attorney Provided Ineffective Assistance by Sending Medical Examination to USCIS

Unpublished BIA decision finds ineffective assistance clear and obvious where the attorney mistakenly sent the respondent’s medical examination to USCIS rather than the immigration court. Special thanks to IRAC. (Matter of Corena-Vela, 3/18/19) AILA Doc. No. 19101606

 

BIA Reopens Proceedings Sua Sponte for Haitian TPS Holder to Adjust Status

Unpublished BIA decision reopens proceedings sua sponte for respondent to apply for adjustment of status based on an approved visa petition in light of grant of TPS, entry under grant of advance parole, and country conditions in Haiti. Special thanks to IRAC. (Matter of Dorilus, 3/14/19) AILA Doc. No. 19101605

 

BIA Remands to Consider Citizenship Claim Despite Prior Concession of Alienage

Unpublished BIA decision remands for further consideration of acquired citizenship claim in light of evidence submitted on appeal and despite concession of alienage before IJ. Special thanks to IRAC. (Matter of Hinojosa-Trejo, 3/11/19) AILA Doc. No. 19101510

 

BIA Orders Further Consideration of MTR Denied Under Matter of Bermudez-Cota

Unpublished BIA decision remands for further consideration of MTR where IJ issued form order citing Matter of Bermudez-Cota, 27 I&N 441 (BIA 2018), but provided no explanation for what proposition the case was being used. Special thanks to IRAC. (Matter of Gomes, 3/8/19) AILA Doc. No. 19101509

 

BIA Finds Respondent Established Wave-Through Admission Under Matter of Quilantan

Unpublished BIA decision finds respondent established a wave-through admission under Matter of Quilantan in light of corroborating testimony from witness who saw immigration officers check his paperwork. Special thanks to IRAC. (Matter of Valdez Palacio, 3/19/19) AILA Doc. No. 19101607

 

BIA Holds Possession of More Than 50 Pounds of Marijuana Not an Aggravated Felony

Unpublished BIA decision holds possession of more than 50 pounds of marijuana under Texas Health & Safety Code 481.121 is not an aggravated felony because it doesn’t require distribution and is punishable as a misdemeanor under federal law. Special thanks to IRAC. (Matter of Joseph, 3/7/19) AILA Doc. No. 19101508

 

CA5 Remands Asylum Claims in Light of Matter of L-E-A- Where Petitioner’s Particular Social Group Was His Family

The court vacated and remanded in light of Matter of L-E-A-, after finding that the BIA’s reliance on the factual findings of the IJ were likely impacted by the incorrect legal posture through which the IJ viewed the case. (Pena Oseguera v. Barr, 8/23/19, amended 10/15/19) AILA Doc. No. 19082907

 

CA7 Finds It Lacks Jurisdiction to Review BIA’s Discretionary Decision Declining to Reopen Proceedings Sua Sponte

The court dismissed the petition for review for lack of jurisdiction to the extent that the BIA had declined to reopen the proceedings sua sponte, and upheld the BIA’s denial of the petitioner’s motion to reconsider and reopen the BIA’s decision of 2003. (Malukas v. Barr, 10/15/19) AILA Doc. No. 19101736

 

CA11 Says Conviction for Delivery of Cocaine in Washington Is an Aggravated Felony

The court held that a conviction for delivery of cocaine under Washington law categorically qualifies as an aggravated felony under INA §101(a)(43), and thus that petitioner was barred from establishing the good moral character necessary for naturalization. (Bourtzakis v. Att’y Gen., 10/9/19) AILA Doc. No. 19101738

 

Executive Order Suspending Entry of Certain Persons Contributing to the Situation in Syria

Presidential executive order issued 10/14/19 imposing sanctions on those determined to have contributed to instability in Syria, including, among other things, suspending the immigrant and nonimmigrant entry into the United States of such persons. (84 FR 55851, 10/17/19) AILA Doc. No. 19101701

 

Executive Order: “Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication”

President Trump issued an executive order on 10/9/19 on how agency guidance documents may be applied. (84 FR 55239, 10/15/19) AILA Doc. No. 19101504

 

Executive Order: “Promoting the Rule of Law Through Improved Agency Guidance Documents”

President Trump issued an executive order on 10/9/19 on agency guidance documents, which among other things requires that an agency post all its guidance documents in a single database on its website. (84 FR 55235, 10/15/19) AILA Doc. No. 19101505

 

DHS Final Rule Clarifying REAL ID Regulation

DHS final rule amending the REAL ID regulation to clarify that the 10/1/20 REAL ID deadline applies to all non-compliant cards, including state-issued driver’s licenses and identification cards marked to indicate that they may not be used for official federal purposes. (84 FR 55017, 10/15/19) AILA Doc. No. 19101500

 

EOIR Swears in 27 New Immigration Judges

EOIR announced the investiture of 27 new immigration judges appointed by Attorney General William Barr. Notice includes the judges’ biographical information. AILA Doc. No. 19101401

 

RESOURCES

 

 

EVENTS

   

 

ImmProf

 

Monday, October 21, 2019

Sunday, October 20, 2019

Saturday, October 19, 2019

Friday, October 18, 2019

Thursday, October 17, 2019

Wednesday, October 16, 2019

Tuesday, October 15, 2019

Monday, October 14, 2019

 

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

 

As always, thanks, Elizabeth, for all you do for the New Due Process Army and American Justice.

 

PWS

 

10-22-19

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