🤮 AMERICAN ASYLUM POLICY: GOP POLITICOS PANDER, ADMINISTRATION BUILDS WALLS, DEMS PREPARE TO THROW ASYLUM SEEKERS UNDER THE BUS (AGAIN) — What Happens To Those Waiting To Use “CBP One” At The Border? — They Get Raped & Extorted!   — “It’s the saddest, most horrible thing that can happen to a person!”

""Rape of the Sabine Women"
“Rape of the Sabine Women”
Peter Paul Rubens
Circa 1635
Public Domain

From Reuters:

https://www.voanews.com/a/migrants-being-raped-at-mexico-border-as-they-await-entry-to-us-/7291239.html

REYNOSA, MEXICO —

When Carolina’s captors arrived at dawn to pull her out of the stash house in the Mexican border city of Reynosa in late May, she thought they were going to force her to call her family in Venezuela again to beg them to pay $2,000 ransom.

Instead, one of the men shoved her onto a broken-down bus parked outside and raped her, she told Reuters. “It’s the saddest, most horrible thing that can happen to a person,” Carolina said.

A migrant advocate who assisted Carolina after the kidnapping, who spoke to Reuters on condition of anonymity due to security concerns, confirmed all the details of her account.

The attack came amid an increase in sexual violence against migrants in the border cities of Reynosa and Matamoros, both major transit routes for immigrants seeking to enter the U.S., according to data from the Mexican government and humanitarian groups, as well as interviews with eight sexual assault survivors and more than a dozen local aid workers.

“The inhumane way smugglers abuse, extort, and perpetrate violence against migrants for profit is criminal and morally reprehensible,” U.S. Department of Homeland Security (DHS) spokesperson Luis Miranda said in response to questions about the rise in reported rapes.

Criminal investigations into the rape of foreign nationals, excluding Americans, were the highest on record in the two cities this year, according to state data from 2014 to 2023 obtained by Reuters through freedom of information requests.

The U.S. State Department considers Tamaulipas, where the two cities are located, to be the most dangerous state along the U.S.-Mexico border.

. . . .

A Venezuelan migrant said he was kidnapped in May in Reynosa by a cartel while traveling to the border for his confirmed CBP One appointment. He couldn’t raise the full $800 ransom, so he was forced to work for two months to pay off the remaining $200, he said.

Two other migrants who said they were held at the house during the same time period confirmed the man was forced to work against his will, and that they heard female migrants being raped.

On the nights the Venezuelan man was tasked with standing guard over the other migrants, he said he watched the cartel members ask the man in charge of the house for permission to rape the women of their choosing.

He said the answer was always the same: “Take her.”

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

Read the full article at the link.

Walls, detention, eliminating the right to asylum aren’t going to solve this. But, solving it doesn’t  seem to be the objective. Blaming the victims is a lot easier than treating them as human beings. 

As my friend Debi Sanders (who alerted me to this report) said: “Terrifying!” Yup! 🤯🏴‍☠️

How disingenuous is the Biden Administration’s latest attempt to “get tough” at the border with more proven to fail deterrence?  Well, just this week, DHS announced plans to deport more individuals to Venezuela. https://www.reuters.com/world/us/us-restarting-direct-deportations-venezuela-senior-official-2023-10-05/

Yet, just a few days earlier, in deciding to extend TPS to nearly a half million Venezuelans in the US, that same DHS found:

Overview

Venezuela continues to face a severe humanitarian emergency due to a political and economic crisis, as well as human rights violations and abuses and high levels of crime and violence, that impacts access to food, medicine, healthcare, water, electricity, and fuel, and has led to high levels of poverty. Additionally, Venezuela has recently experienced heavy rainfall in the spring and summer of 2023 which triggered flooding and landslides. Given the current conditions in Venezuela, these issues contribute to the country’s existing challenges.

Venezuela is experiencing “an unprecedented political, economic, and humanitarian crisis.” [5] “Venezuela is suffering one of the worst humanitarian crises in the history of the Western Hemisphere,” which has been characterized by “[h]igh levels of poverty, food insecurity, malnutrition, and infant mortality, together with frequent electricity outages and the collapse of health infrastructure.” [6] Though there were some positive developments in Venezuela in 2022 “as the economy stabilized and showed signs of economic growth,” the effects of these changes were not felt across the Venezuelan population and did not offset the impact of the large-scale economic contraction which resulted in significant humanitarian challenges that continue today and will take time to address.[7]

Political Repression and Human Rights

The Maduro regime has closed off channels for political dissent, restricting enjoyment of civil liberties and “prosecuting perceived opponents without regard for due process.” [8] The UN Human Rights Council’s Independent International Fact-Finding Mission on the Bolivarian Republic of Venezuela (IIFFM) found in its September 2022 report, “Venezuela’s military and civilian intelligence agencies function as well-coordinated and effective structures in the implementation of a plan” to “repress dissent.” [9]

Crime and Insecurity

Venezuela has one of the highest rates of violent deaths in the world.[10] Additionally, “Venezuelans face physical insecurity and violence from several sources, including irregular armed groups, security forces, and organized gangs.” [11] Corruption in Venezuela exacerbates insecurity. InSight Crime has reported that “criminal groups and corrupt state actors together form a hybrid state that combines governance with criminality, and where illegal armed groups act at the service of the state, while criminal networks form within it.” [12] Human trafficking remains a serious concern. Traffickers exploit and subject Venezuelans, including those fleeing the country, to egregious forms of exploitation, including sex trafficking and forced labor.[13] Members of non-state armed groups that operate in the country with impunity, subject Venezuelans to forced labor and forced criminality, and recruit or use child soldiers.[14]

Economic Collapse

Since 2014, Venezuela has suffered from an “economic recession marked by hyperinflation, shortages of basic goods and a collapse in public services such as electricity and water.” [15] Recently, Venezuela’s economy has shown some signs of recovery; however, it is still in a precarious condition.[16] In a report covering the period from May 2022 through April 2023, the Office of the High Commissioner for Human Rights (OHCHR) noted that while economic growth which occurred in 2022 “would bring hope for improved economic prospects, persistent challenges and other factors continued to negatively affect essential public services, transport, education, and health.” [17]

In its annual report covering 2022, the Inter-American Commission on Human Rights (IACHR) noted “the high rates of poverty and inequality in the country, in which there are estimates that more than 90% of the population lives in poverty.” [18] The same report stated that “as of March 2022, HumVenezuela estimated that 94.5% of the population would not have sufficient income to cover items such as food, housing, health, education, transportation and clothing.” [19]

Health Crisis

Various sources have referred to severe problems with health systems in Venezuela, including the IACHR, Human Rights Watch, and the Congressional Research Service (CRS).[20] Per The Associated Press, Venezuela’s “health care system crumbled long before” the start of the COVID–19 pandemic.[21] Likewise, in its 2022 annual report, the IACHR acknowledged that while the COVID–19 pandemic “has had significant impacts on the health sector and the population, the serious affectations of the system preceded the health emergency.” [22] Elaborating on this topic, the IACHR identified “shortages of medicines, supplies, materials and medical treatment” as of 2018, and that the “situation has been worsening since 2014, and it is important to highlight that the health system has reportedly collapsed due to its persistent precariousness, which would have been exacerbated by the pandemic.” [23]

According to OHCHR, health centers in Venezuela “report structural underfunding and understaffing resulting in for example, regular blackouts and water shortages.” [24] In its report on the humanitarian situation in Venezuela in 2022, the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) noted that “[h]ealth services continue to be affected by insufficient water and sanitation conditions and the lack of electricity supply in facilities.” [25] Similarly, Human Rights Watch stated in its annual report covering 2022 that “[p]ower and water outages at healthcare centers—and emigration of healthcare workers—were further weakening operational capacity.” [26] Furthermore, the IACHR has reported that “98% of the hospitals in the country lack medicines, electrical plants and water, as well as failures in laboratories, reagents and wards. As a result, it is estimated that only between 3 and 10% of the hospitals have medical and surgical material to solve medical circumstances.” [27]

Food Insecurity

In a humanitarian response plan published in 2023, the Food and Agriculture Organization of the United Nations (FAO) identified food insecurity as “the most pressing challenge for the population.” [28] Human Rights Watch stated in its annual report covering 2022 that HumVenezuela reported in March 2022 that “most Venezuelans face difficulties in accessing food, with 10.9 million undernourished or chronically hungry. Some 4.3 million are deprived of food, sometimes going days without eating.” [29] Moreover, the IACHR noted in its 2022 annual report that “32% of children live in a situation of chronic malnutrition.” [30]

Heavy Rains and Flooding

Since May 26, 2023, as hurricane season began, Venezuela has experienced heavy rains which resulted in flooding that affected several areas of the country.[31] According to ACAPS, “Between June and July there have been 19 tropical waves, that have brought heavy rains, floods and landslides across the country.” [32] As of July 11, 2023, the meteorological situation in Venezuela indicated “that rainfall and resulting damages are expected to be more severe than previous years.” [33] Reports of the damage caused by the heavy rains include 5,100 people affected with damage to houses and blockages in the drainage system in the state of Portuguesa.[34] In another area—Delta Amacuro state—around 7,500 people are affected by the 2023 floods.[35]

In summary, extraordinary and temporary conditions continue to prevent Venezuelan nationals from returning in safety due to a severe humanitarian emergency which has resulted in food insecurity and the inability to access adequate medicine, healthcare, water, electricity, and fuel. Additionally, human rights violations and abuses, high levels of poverty, high levels of crime and violence, and heavy rains and flooding prevent Venezuelan nationals from returning in safety and permitting Venezuelan noncitizens to remain in the United States temporarily would not be contrary to the interests of the United States.

Based on this review and after consultation with appropriate U.S. Government agencies, the Secretary has determined that:

• The conditions supporting Venezuela’s designation for TPS continue to be met. See INA sec. 244(b)(3)(A) and (C), 8 U.S.C. 1254a(b)(3)(A) and (C).

• There continues to be extraordinary and temporary conditions in Venezuela that prevent Venezuelan nationals (or individuals having no nationality who last habitually resided in Venezuela) from returning to Venezuela in safety, and it is not contrary to the national interest of the United States to permit Venezuelan TPS beneficiaries to remain in the United States temporarily. See INA sec. 244(b)(1)(C), 8 U.S.C. 1254a(b)(1)(C).

• The existing designation of Venezuela for TPS (Venezuela 2021) should be extended for an 18-month period, beginning on March 11, 2024 and ending on September 10, 2025. See INA sec. 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C).

• Due to the conditions described above, Venezuela should be redesignated for TPS beginning on October 3, 2023, and ending on April 2, 2025. See INA sec. 244(b)(1)(C) and (b)(2), 8 U.S.C. 1254a(b)(1)(C) and (b)(2).

  • For the redesignation, the Secretary has determined that TPS applicants must demonstrate that they have continuously resided in the United States since July 31, 2023.
  • Initial TPS applicants under the redesignation must demonstrate that they have been continuously physically present in the United States since October 3, 2023, the effective date of the redesignation of Venezuela for TPS.
  • There are approximately 243,000 current Venezuela TPS beneficiaries who are eligible to re-register for TPS under the extension.

It is estimated that approximately 472,000 additional individuals may be eligible for TPS under the redesignation of Venezuela. This population includes Venezuelan nationals in the United States in nonimmigrant status or without immigration status.

https://www.govinfo.gov/content/pkg/FR-2023-10-03/pdf/2023-21865.pdf

Does this sound like a country that will “ensure orderly, safe and legal repatriation?” Duh!

As for the DHS attempt to “blame the victims” for not taking advantage of legal opportunities, the legal right to apply for asylum in the U.S. attaches at the border to ANYONE “who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status.” INA, section 208.

With huge backlogs at both the Asylum Office and EOIR, and some problematic adjudicators, judges, administrators, and poor precedents, just how could hundreds of thousands of legal removals take place without huge systemic changes that to date the Administration has failed to make at either DHS or EOIR? Sounds like a prescription for massive legal and human rights violations!☠️

Yes, we’re going to hear chants of “we can’t take them all” from all sides. But, the truth that few acknowledge is that we haven’t and won’t be “taking them all” — not by a long shot! Of the more than 7 million who have fled the Maduro regime in Venezuela, only approximately 10% (about 750,000) have come to the U.S.! https://www.bbc.com/news/world-us-canada-66875264. The vast, vast majority — approximately 90% — have taken refuge elsewhere in Latin American, in poorer countries far less able than the U.S. to absorb them! But, hey, when does truth and reality ever enter into the U.S. political debate on immigration?

🇺🇸 Due Process Forever!

PWS

10-05-23

😢🗽🇺🇸 HUMANITARIAN CRISIS DEMANDS HUMANE RESPONSE: GOP DEMAGOGUERY, DEM INDIFFERENCE TO SUFFERING WON’T GET THE JOB DONE! 🤯 NGO’s Once Again Step Up To Do The USG’S Job! — They Need Help! ⛑️

Immigrant Defenders
Immigrant Defenders help humanity at the border, treating fellow humans with dignity, respect, kindness.
PHOTO: Linkedin

Immigrant Defenders posted this on LinkedIn:

Customs and Border Protection (CBP) continues to inhumanely release asylum seekers onto San Diego streets, often with little more than the clothes on their backs. #TeamImmDef, Lindsay Toczylowski, Margaret Cargioli, Melissa Shepard and Jesús Contreras Barajas, continues to join various non-profit organizations, grassroots groups and community members to receive asylum seekers with respect and help them reach their friends and family members all over the United States. Our dedicated team, in collaboration with our remarkable San Diego-based partners, is tirelessly working to continue to welcome migrants with dignity. We have welcomed more than 8500 asylum seekers in 13 days.

We need all levels of government, local and federal, to provide infrastructure and financial resources to help NGOs welcome with dignity.

If you want to help, please consider donating airline miles to Miles4Migrants. Please see the link in our bio to donate. Or donate directly to ImmDef at Immdef.org/donate.

#AsylumIsAHumanRight #WelcomeWithDignity

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

Scandalously, rather than looking to solve this humanitarian crisis, the GOP seeks to punish victims of Government dereliction of duty and their humanitarian responders for asserting well-established legal rights! Talk about a party of lawlessness! Sadly, it’s no surprise since they owe homage to an insurrectionist “leader” who is a notorious fraudster, con man, and criminal defendant in multiple cases!

While resisting the GOP’s worst racist/nativist nonsense, the Dems’ approach has been largely to avoid talking about immigration and human rights, apparently believing that pretending like they don’t exist will make them go away. But, migration isn’t going away!

While we can to some extent control, channel, and optimize migration, irresponsible “zero tolerance/uber deterrence” policies will do little to stop reality in the long run. It will, however, eventually force more migration underground and cede policy control to smugglers, cartels, and other criminals. 

At the same time, obsessing over deterring and deporting those who merely seek refuge and a chance to contribute to America will actually diminish the harder work of focusing on criminals out to turn border disorder and misplaced priorities to their advantage.

Neither party appears to have a realistic plan for the border, and the GOP actively seeks to make things worse! Meanwhile, not for the first time, NGOs, local communities, and compassionate individuals are left to pick up the slack!

Recently, the San Diego County Board showed the potential for bipartisan cooperation on the border. 

//www.sandiegouniontribune.com/news/border-baja-california/story/2023-09-26/county-declares-humanitarian-crisis-at-border-will-ask-federal-government-for-more-help

But, without a more realistic approach from the Feds — currently blocked by the GOP — local efforts are unlikely to succeed. And, that’s an avoidable humanitarian tragedy!

🇺🇸 Due Process Forever!

PWS

10-02-23

🇺🇸⚖️🗽🧑‍⚖️👨🏾‍⚖️ ATTENTION NDPA: BETTER COURTS MEAN A BETTER AMERICA, FROM THE “RETAIL LEVEL” TO THE SUPREMES! — The Future Immigration Courts Are Being Formed Today — We Need NDPA All-Stars 🌟 On The Bench! — You Can’t Be Selected If You Don’t Apply (My History Notwithstanding)!  

I want you
Don’t just complain about the awful mess @ EOIR! Get on the bench and do something about it!
Public Domain

EOIR is looking for “many judges in many locations:”

https://www.lexisnexis.com/community/insights/legal/immigration/b/insidenews/posts/many-immigration-judge-positions-open

https://www.justice.gov/legal-careers/job/immigration-judge-26

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

Some folks who should be applying for these jobs tell me they “couldn’t work with such an unfair law.” I say “poppycock.” To a large extent, the law and the unfair results are only as bad as EOIR judges choose make them.

But, it doesn’t have to be that way! For example, you can choose to:

  • Apply Cardoza-Fonseca, Mogharrabi, Kasinga, A-R-C-G-, and other precedents favorable to applicants fairly and robustly;
  • Honestly apply the presumption of future persecution set forth in 8 CFR 208.13 and actually put the burden on DHS to rebut it with evidence, not mere conjecture;
  • Carefully consider the possibility of a discretionary grant of asylum under the regulations (“so-called Chen grant”), even where the government rebuts the presumption of a well-founded fear; 
  • Make realistic, practical, proper credibility determinations based on “the totality of the circumstances and all relevant factors;”
  • Require only “reasonably available” corroborating evidence;
  • Actually follow the legal principle that credible testimony, in an of itself, can be enough to grant relief; 
  • Apply the “reasonableness of internal relocation” regulation set forth at 8 CFR 208.13(b)(3) honestly;
  • Fairly apply the properly generous interpretation of the “well founded fear” standard required by the Supremes in Cardoza and described by the BIA in Mogharrabi to cases where there is no past persecution;
  • Incorporate the latest scholarship on “country conditions,” rather than “cherry picking” DOS Country Reports looking for ways to deny;
  • Use the latest body of scholarship on “best interests of the child” in deciding cancellation of removal for non-LPRs;
  • Schedule cases in a reasonable manner, in consultation with both counsel, to eliminate endemic “aimless docket reshuffling;”
  • Take measures to promote and facilitate representation of individuals, rather than throwing up roadblocks; 
  • Make ICE counsel do their jobs, rather than doing it for them, particularly in cases where ICE unilaterally declines to appear at the merits hearing; 
  • Use all of your practical skills and knowledge of the law and practice to solve problems and promote efficiency;
  • Consider all interpretations available to you, not just “defaulting” to the one offered by ICE;
  • Make careful, analytical, findings of fact, rather than just glossing over facts favorable to the individuals and over-emphasizing or fabricating the facts most favorable to DHS;
  • Make your “courtroom a classroom” where exceptional scholarship, due process, fundamental fairness, teamwork, practical solutions to human problems, and best practices are promoted and institutionalized.

You might well find, like I did, that being guided by Cardoza and Mogharrabi, sticking to your guns, providing full due process, and faithfully following the law actually leads to grants of relief in the majority of individual hearings. Notably, ICE seldom appealed my grants, and I was rarely reversed by the BIA, no matter who appealed. 

I actually did better with my former BIA colleagues as an IJ than I had during my eight years of service on the Board. Indeed, as I sometimes quipped, as an IJ, I finally got that which my colleagues often denied me during my tenure as BIA Chair and an Appellate Judge/BIA Member: deference! 

Worried about “life after EOIR!” Yes, there is such a thing! 

And, a quick survey of our Round Table of Former Immigration Judges and BIA Members 🛡⚔️ would show everything from partners and of counsel in law firms, professors and educators, major NGO supervisors and attorneys, community activists, consultants and coaches, to those, like me, who claim to be “fully retired and just enjoying life.” The Round Table actually has great credibility with the Federal Courts and the media because, unlike sitting judges and their “handlers,” we can actually speak truth to power outside the courtroom!

Whether you serve for a year or the rest of your career, what you learn as an EOIR judge if you pay attention, will give you a “leg up” and otherwise unobtainable practical knowledge of how America’s most important, yet least understood, court system actually works (or not)!

Every week, almost every day in fact, we see in Federal Court reversals and remands to EOIR and reports from practitioners about unpublished successes the fundamental difference that great litigation and equally “great judging” can make in reaching correct results! Making it happen every day, in every court, at the “retail level,” rather than counting on the uncertainties and limitations of Circuit review, will save lives and change the delivery of justice throughout America!

NDPAers, the “EOIR train” is leaving the station. 🚅 As a nation, we can’t afford the “best and the brightest” of today’s legal profession not to be on board! So, get those “many applications” in for those “many jobs” and let’s see if we can fix this “life or death system” from both the inside and the outside! We won’t know if we don’t try!

🇺🇸 Due Process Forever!

PWS

09-27-23

🏈❤️ COURTSIDE SPORTS: GOTTA LOVE THAT COMEBACK — JLove Leads Q4 Surge As Pack Down Saints 18-17 In Epic Home Opener @ Lambeau!

🏈❤️ COURTSIDE SPORTS: GOTTA LOVE THAT COMEBACK — JLove Leads Q4 Surge As Pack Down Saints 18-17 In Epic Home Opener @ Lambeau!

Jordan Love
Jordan Love
Quarterback
Green Bay Packers
PHOTO” Packer website

Paul Wickham Schmidt

Courtside Sports Exclusive 

September 24, 2023

Last week, the Packers took a 12 point lead into the fourth quarter against the Atlanta Falcons. They came up short, as the defense allowed three scores, the Jordan Love led offense whiffed big time on all their possessions, and the Falcons won 25-24. 

For three quarters, the funk continued as Green Bay hurt themselves with penalties, while the visiting New Orleans Saints held a commanding 17-0 lead in the fourth quarter. At that point, the Pack had been outscored 30-0 over four quarters.

Then, with about 12 minutes left in the game, Love and the Packer offense came alive, scoring a field goal, and two touchdowns on their next three possessions to lead 18-17. Following the field goal, Love (22-44-259-1-1) ran for his first Lambeau touchdown, topped by a laser to Samori Toure for a huge two-point conversion that turned out to be the difference maker. On the Packers’ next possession, Love hit Romeo Doubs on an 8-yard TD pass with the kick by Anders Carlson giving the Pack their first and only lead of the afternoon.

Meanwhile, the Pack defense, led by Rashan Gary (3 sacks), pitched a second half shutout. Their cause was helped when Saints QB Derek Carr (13-18-1-0) left the game with an apparent shoulder injury in the third quarter following a Gary sack. His replacement Jameis Winston was largely ineffective. 

However, after Green Bay took the lead, Winston did rally his troops into position for a potential lead-retaking field goal with a little over a minute remaining in the game. But, Blake Grupe’s kick drifted wide right, and the Pack went into victory formation.

The Pack overcame a 17-point halftime deficit for only the second time in team history. Apparently, it’s only they third time in the last three decades that an NFL team has erased a deficit of that magnitude in the fourth quarter.

New Orleans (2-1) suffered its first defeat of the season. The Pack meanwhile improved to 2-1 with the Detroit Lions, also 2-1 and victors over the Falcons Sunday, up next on Thursday night at Lambeau.

Green Bay Packers
Green Bay Packers

🏈😎 COURTSIDE SPORTS: JORDAN GETS OFF TO LOVELY START AGAINST BEARS, AS PACK PREVAILS  38-20 — So Far, So Good, As QB Throws 3 TDs, Converts 3rd Downs, No Errors, Shows Poise!

Jordan Love
Jordan Love
Quarterback
Green Bay Packers
PHOTO” Packer website

🏈😎 COURTSIDE SPORTS: JORDAN GETS OFF TO LOVELY START AGAINST BEARS, AS PACK PREVAILS  38-20 — So Far, So Good, As QB Throws 3 TDs, Converts 3rd Downs, No Errors, Shows Poise!

By Paul Wickham Schmidt

Courtside Sports Exclusive

September 10, 2023

For the first time in three decades, someone other than Brett Farve or Aaron Rodgers started at quarterback for the Packers in the NFL’s longest rivalry. The results were the same as the Pack downed “da Bears” for the ninth straight time, at Chicago’s Soldier Field on Sunday.

After three years as Rodgers’s understudy, Jordan Love (15-27-245-3-0, rating 123.2) looked much better than someone who had started only one previous NFL game (a loss vs the Chiefs). He threw three TDs, calmly converted key third and fourth downs, committed no turnovers, and looked like a poised veteran in every way. 

After a slow start that saw the Pack with a 10-6 halftime lead, Green Bay running back Aaron Jones dominated the third quarter with 105 running and receiving yards and a touchdown that essentially established the visitor’s control of the game. In a cautionary note for the green and gold, however, he left the game with an apparent hamstring injury. 

At least in the first game, the oft-maligned Packer defense performed like a unit that justified the large investment of draft picks over the past several years. The highlight was a 37-yard pick 6 by linebacker Quay Walker in the fourth quarter that put the game out of reach. (Walker, however, may have sustained a concussion while crossing the goal line for he score.) They basically neutralized Chicago’s athletic quarterback Justin Fields and his supposedly improved offense until the game was all but over.

It’s only one game, and, with due respect, “it’s only the Bears” who appear to be nearly as bad as last year’s league-worst team. But, a W is a W in the standings. Next up for the Pack: the Falcons, 24-10 winners over Carolina, at Atlanta. 

Go Pack Go!
Green Bay Packers
Green Bay Packers

🏈☹️ SPORTS: FICKELL’S “AIR RAID” CRASHES & BURNS IN PULLMAN, AS COUGARS MAUL BADGERS 31-22! — New Look, Same Problems!

🏈☹️ SPORTS: FICKELL’S “AIR RAID” CRASHES & BURNS IN PULLMAN, AS COUGARS MAUL BADGERS 31-22! — New Look, Same Problems!

By Paul Wickham Schmidt

Special To Courtside

September 10, 2023

Last year, the Washington State Cougars 17-14 upset of the Wisconsin Badgers at Camp Randall in Madison was the beginning of the end for then-coach Paul Chryst. This year, with new head coach Luke Fickell (previously Cincinnati) and a revamped passing-oriented offense, Badger fans were confident of a different result. 

Alas, the over-ranked #19 Badgers’ visit to the unfriendly Cougar’s den in Pullman, Washington ended in another disaster, a 31-22 loss to the “Rump PAC-12 orphan.” (Viewers must have seen the extreme irony in ABC’s insistence on flashing the soon to-be-defunct conference’s bogus “Conference of Champions” logo during commercial breaks!)

The look might be new, but the glaring problems that plagued the Badgers last season, leading to the demise of both Chryst and his interim replacement Jim Leonhard, remained. Underperforming running game (97 yards), lousy line play, inconsistent quarterbacking, turnovers, failure to produce them, and dumb penalties were all on full display for the visitors at Martin Stadium.

New Badger QB Tanner Mordecai, a transfer from SMU, might have looked good on paper (25-40-278-1-0, 129.1 rating). But, what the stats don’t show is two key fumbles lost, one giving  WSU a gift touchdown. Also, they mask a bunch of overthrows on potential TD passes or at least big gainers in a game where every yard was precious. His offense settled for three consecutive field goals when touchdowns were needed.

Perhaps jet-lagged, the bewildered Badgers sleep-walked through the first half, trailing 24-9 at the break. Then, in the third quarter, the Badgers dominated, pulling within a missed two-point conversion of tying the game, 24-22. 

The Badger defense also rose to the occasion, pinning the Cougars’ offense and their elusive QB Cam Ward back near their goal line. What appeared to be a clear game-tying safety was wiped out on a bad call that somehow passed replay. But, with the Cougars punting from the back of their end-zone, Chimere Dike’s return apparently set Wisconsin up on the State 35 with a great chance to take a lead. But, a dumb personal foul away from the ball moved them back near midfield.

Several plays thereafter, the normally sure-handed Badger running back, Chez Mellusi (12-49) fumbled the ball back to the Cougars. Again, the call on the field and the video replay were questionable, as Mellusi’s elbow appeared to be down before the ball began to come loose. Nevertheless, it was a “one-handed carry” where two hands on the ball were clearly necessary.

Still, all was not lost for Fickell’s team. The defense forced a key 3rd and 6 in Cougar territory. But, they inexcusably allowed Ward to hit Lincoln Victor for a first down at the Badger 45. That reawakened Ward and the Cougar offense who marched down the field for a touchdown that put the game out of reach, 31-22. Several Mordecai overthrows sealed the deal for the Cougs.

Washington State portrayed this matchup is an “audition” for a place in one of the so-called “power conferences,” as the PAC-12 (“the Conference of Champions”) ingloriously dissolves at the end of this season. Good luck with that. They and their fellow “orphans” at Oregon State appear to be victims of negligible media markets, modest alumni bases, and undersized stadiums. 

Power conference decisions these days are driven by media markets and greed, not athletic competition. That’s why the ACC recently snapped up Pac-12 football fumblers Cal and Stanford (7 total FB victories last year) over Washington State and Oregon State (17 total FB victories last year). The Cougars and Beavers likely are headed to the American Athletic Conference or some other “mid-major” refuge. Ironically, the good news is that Fickell showed the potential of good football at any level during his Cincinnati tenure when he led the AAC Bearcats to an appearance in the FBS playoffs, something that neither Wisconsin nor Washington State has ever achieved. 

Badger fans’ hopes for an immediate turnaround under Fickell were dealt a stunning setback. It’s still a work in progress, with more consistent quarterback play, better play from both the O and D lines, and better production from the running backs a necessity. In particular, the “no-show” performance of highly touted junior running back Braylon Allen was highly disappointing. Coming off a  141 yard, two touchdown performance against an admittedly overmatched Buffalo Bulls defense, he managed only 20 yards on seven carries against the more competent Cougar defenders. 

The Badgers dominated the third quarter, giving a glimpse of what this team’s potential might be. Yet, as Fickell well knows, building championship teams takes dominance of games, not just quarters.

Fortuitously, the Badgers have only one currently-ranked opponent (Ohio State) on their remaining schedule. The Bloated-10 Conference, in its wisdom, has stuffed all three of its national contenders, Ohio State, Michigan, and Penn State, into its artificially-created Eastern Division. This essentially guarantees that the euphemistically-named “Big Ten Championship Game” will not be a matchup of the two best teams in the conference. Therefore, the Badgers probably have as good a chance as anyone of “winning the West” and being sacrificed to one of these three in what is likely to be a highly lopsided  finale.

Next up for the Badgers, things could get easier with Georgia Southern (2-0) from the Sun Belt East visiting Camp Randall next Saturday. That will be Wisconsin’s last “warmup” before opening the Big-10 season against Purdue, last year’s West champs, at West Lafayette on Friday, September 22.

🏈 “SEASON OF LOVE” ABOUT TO UNFOLD IN GREEN BAY — Can 4th Year Pro With Only a Few Regular Season Passes (Even Fewer Meaningful Ones) Take The Pack To the Same Heights As His Two Hall-of-Fame Predecessors? — While Some Are Doubters, Favorable Schedule & Weak Division Could Give Pack a Realistic Chance At Playoff Return!

 

Jordan Love
Jordan Love
Quarterback
Green Bay Packers
PHOTO” Packer website

https://www.washingtonpost.com/sports/2023/08/23/jordan-love-packers-aaron-rodgers/

Adam Kilgore reports for WashPost:

GREEN BAY, Wis. — Their season ended in January with a frail whimper and the sour departure of a quarterback both legendary and malcontent. They handed their offense to a passer whose last victory as a starter came in 2019 over New Mexico. Their wide receivers room could be confused for a day care. The Green Bay Packers possess the outward signs of a franchise in reset. Internally, they dismiss a rebuild as preposterous, not even an option. They do not play in Future Championship Equity City. Lambeau Field resides in Titletown.

“All people see is the ‘G’ on the helmet, and they expect you to win,” Coach Matt LaFleur said. “That’s the reality of this league. You can either run from it, or you embrace it.”

LaFleur spoke sitting on a couch in his new office inside the new wing of the Packers’ facility, so fresh you can still smell the construction while walking the halls. It is an apt setting from which to launch Green Bay’s first season in three decades with a quarterback other than Brett Favre or Aaron Rodgers, two men now facing the roughly equivalent challenges of beating a lawsuit in Mississippi and trying to win with the New York Jets.

The Packers are running toward Year 1 of the Jordan Love era anticipating immediate results — a hope that is more realistic than outlandish. Rodgers’s exit cast a long shadow, but the shade has obscured a roster with requisite talent to win an unsettled division in the weaker conference.

“There are a lot of unknowns with our team, but I think that’s also exciting,” LaFleur said. “With no expectations, there’s no limitations.”

He learned football on YouTube in Africa. Can he make an NFL roster?

The Packers have a defense stocked with eight first-round draft picks, unapologetic belief in Love and a collective desire to prove there is life after Rodgers, whose age-related decline, cantankerousness and thumb injury last year leave Love a lower bar to clear than Rodgers’s résumé would suggest — a mandate that comes from their home city.

. . . .

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

Read the full report at the above link.

Only time will tell. JLove just hasn’t had enough meaningful snaps to have a good handle on what he can do over a full season.  

He has a good arm and runs much better than Rodgers did at the end of his Packer career. But, we can all think of QBs with those qualities and stellar collegiate careers who never made much of a mark at the next level. Also, as a cautionary note, NFL QBs who try to do too much with their feet often end up with careers shortened by debilitating injuries (“RG  III” of Washington is a recent example who comes to mind). 

Also, success ultimately depends on the team. Last year, in addition to Rodgers’s sometimes struggles, there were plenty of dropped balls, inability to get separation, failure to open holes, sacks allowed, lousy tackling, and defensive lapses at particularly inopportune times. 

My favorite line in Kilgore’s article described former Packer great QBs Brett Farve and Aaron Rodgers, respectively, as “two men now facing the roughly equivalent challenges of beating a lawsuit in Mississippi and trying to win with the New York Jets.”

🇺🇸 Due Process Forever, and Go Pack!

Green Bay Packers
Green Bay Packers

PWS

08-25-23

🦃 HOKIE HERO! — VA TECH HONORS NDPA ALL-STAR TEA IVANOVIC OF IMMIGRANT FOOD! — Industry Leader Spotlight — “Disruptive Food Startup Incorporates Gastronomy and Advocacy”

 

https://www.vt.edu/content/link_vt_edu/en/aluminate/profiles/tea-ivanovic.html

Resources for

INNOVATION AND PARTNERSHIPS

Téa Ivanovic ’14

Tea Ivanovic
Tea Ivanovic
Co-Founder
Immigrant Food
PHOTO: VA Tech

pastedGraphic.png

TÉA IVANOVIC ’14

Co-Founder, Immigrant Food

I’m a co-founder and Chief Operating Officer of Immigrant Food, a Washington D.C.-based restaurant startup that ‘marries’ innovative gastronomy with social advocacy. Immigrant Food currently has three locations in the D.C. area, and has received notable recognitions (Fast Company’s World Changing Ideas 2019, Ayuda’s Advocate of Change Award 2022, etc) for its innovative cause-casual model of integrating a social justice component into the business model since inception. I also moonlight as a commentator at Altamar, a well-respected independent international affairs podcast.

Where you’ve been in your career and where you are going…

My professional career includes creating and implementing strategic communications for international policy and politics at a Washington D.C. think tank, and global financial matters at a financial public and media relations firm. I was the first Washington Correspondent for Oslobodjenje, one of the oldest and most prominent news outlets in the Balkans. I was born in Belgium to parents from the former Yugoslavia and recruited to the United States by Virginia Tech’s Division 1 Varsity tennis team. I graduated with a master’s degree from the Johns Hopkins’ School of Advanced International Studies (SAIS). In 2022, I was named on the prestigious Forbes 30 Under 30 List, Washington Business Journal’s 25 Women Who Mean Business, FSR’s 40 Restaurant Stars on the Rise, and DC Fray’s 8 Trailblazing Women in Hospitality.

How would you capture the essence of your work in a newspaper headline…

Disruptive Food Startup Incorporates Gastronomy and Advocacy

How Virginia Tech equipped me for the ‘real world’…

The experience of having met people from around the world (and around the U.S.) who were fellow students, and having played tennis on a competitive varsity team dealing with the ups and downs of winning and losing, gave me a taste of the complexities of the real world. I’m so grateful for that.

A key habit, practice, or skill that’s worth the effort…

Waking up early and visualizing your day. Preparation is a huge part of getting things done, and keep going.

Biggest misconception about my job or industry…

I think the hospitality industry often gets a reputation of hard work for minimal pay – and many people almost look down upon servers or line cooks. In fact, the restaurant workers are some of the most resilient, intelligent and dynamic people out there!

My favorite quote…

“If you don’t like something, change it. If you can’t change it, change the way you think about it.” — Mary Engelbreit

My hidden talent…

Remembering people’s birthdays

 

The work project/initiative you’re most excited about…

Immigrant Food is my passion project, and I’m excited to see where we go from having grown to three locations in Washington, D.C. during the pandemic. We opened in November 2019, just mere months before the pandemic hit. Through hard work and dedication we managed to expand, and we are looking to continue growing in the years ahead.

Fondest Virginia Tech memory or tradition…

Jumping at Enter Sandman, duh!

Best part of being a Virginia Tech alum…

The vast alumni network, and always being able to call Blacksburg home!

Words of encouragement to a current Virginia Tech student…

Virginia Tech is a special place. Cherish the experiences, challenge yourself, and expand your network. The moments don’t last forever, but you’ll always look back at the memories you made and the lessons you learned.

A cause I’m most passionate about…

Immigration, of course. It’s the reason I’m here, and it’s the reason America is one of the greatest countries in the world.

Last book I read…

Adultery, Paulo Coelho

If I had a superpower, it would be…

Being invisible. Not because I want to hide – just imagine all the awesome places I could witness!

The most formative experience I’ve had…

Dealing with people who don’t believe in me. You think about the mentors in your life, the advisors and the incredible people who have shaped you. But I’m also grateful to those who have challenged me, who didn’t believe in me, who may have even tried to tear me down. I’m so much stronger because of them. I may not have realized it at the time, but those experiences are some of the most formative of my entire life.

Additional Links

Media Contact:

Lindsey Haugh (540) 231-6959

lhaugh@vt.edu

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

Way to go Tea!  You Are amazing!

🇺🇸 Due Process Forever!

PWS

07-22-23

 

🏒🏆 COURTSIDE SPORTS: CONGRATS TO UW BADGER WOMEN’S HOCKEY TEAM ON WINNING RECORD 7TH NCAA NATIONAL CHAMPIONSHIP! — 1-0 Shutout Of OSU In “Frozen Four 🥶Final” Brings Home the Trophy!

https://uwbadgers.com/news/2023/3/19/womens-hockey-lucky-seven-badgers-claim-seventh-national-title.aspx

The Wisconsin Women's Hockey team poses for a team photo together on the ice after winning the 2023 NCAA Women's Ice Hockey National Championships at AMSOIL Arean in Duluth, Minnesota.
Meg Kelly
1
Winner Wisconsin 29-10-2
0
Ohio St. 33-6-2
Score By Periods
Team 1 2 3 F
Wisconsin 1 0 0 1
Ohio St. 0 0 0 0

Game Recap: Women’s Hockey |

Lucky Seven: Badgers claim seventh National Title

UW makes history with record-number titles

DULUTH, Minn. – The Wisconsin women’s hockey team claimed its record-breaking seventh NCAA title thanks to a thrilling 1-0 win over Ohio State on Sunday afternoon at AMSOIL Arena.Kirsten Simms scored the lone goal for the Badgers (29-10-3) as they upset the No. 1 Buckeyes (33-6-2) in the 2023 NCAA National Championship game.

Simms struck first for the Badgers just 6:32 into the first period for her 16th goal of the season thanks to an assist from fellow freshman Claire Enright.

The Badgers had several great chances in the second period, outshooting OSU 11-6, but neither team was able to light the lamp.

After a scoreless third period, the Badgers were named the 2023 NCAA National Champions!

Cami Kronish stopped all 31 shots she faced to shutout the top-ranked Buckeyes.

Notes of the Game

  • Wisconsin now holds the most national titles (7) in all of NCAA women’s ice hockey. UW was previously tied with Minnesota with six titles.
  • This marks the first time a team has been shutout in a national championship game since the Badgers shutout Minnesota 2-0 in the 2019 NCAA Championship in Hamden, Conn.
  • Five Badgers, including Jesse Compher, Laila Edwards, Caroline Harvey, Cami Kronish and Kirsten Simms were named to the 2023 NCAA Frozen Four All-Tournament team.
  • Goalie Cami Kronish was named the Most Outstanding Player of the 2023 NCAA Frozen Four following her shutout.

Straight from the Rink:
Head Coach Mark Johnson
On the importance of team chemistry for this team:

“The best chance you can give yourself to win these things is to get everybody on the same page. We started in September and we had nine and 10 different players that weren’t on the team last year, with the freshmen coming in and the kids coming back that were part of the national team. You want to be in the same boat pushing in the same direction. If you’re willing to do that, you have a chance. No guarantee at the end of the day, but you have to give yourself the best opportunity.”

On getting a rematch against Ohio State:
“Part of the process is having some bumps along the way. The last time we played against Ohio, we lost the game in the last three and a half minutes. They found a way to beat us but again, you put it in the back of your mind and that scenario presents itself, how are you going to react? At the media timeout, I pulled out the chalkboard and said hey, if they pulled a goalie, here’s what we need to do, can we execute it and learn from last time.”

Senior Cami Kronish
On earning her third national title:

“I cannot believe this is my life right now. I think about the past five years and the people I’ve played with Kristen Campbell, Kennedy Blair, all of my goalie partners that helped make me play the way I do today and the person I am today. I am just so thankful for everyone and everything that’s been a part of my journey. I’m just in disbelief.”

Freshman Kirsten Simms
On winning a national title as a freshman:

“It’s cool to be a freshman in this moment, but we couldn’t have done it without our upperclassmen. They really took us under their wing the second we walked into Wisconsin. They showed us the way, how to be great teammates and how to look up to everyone. It got us to where we are now.”

Up Next: UW will host a Welcome Home Event on Monday, March 20 at LaBahn Arena. Doors open at 5:30 p.m. with the program to follow at 6 p.m.

Print Friendly Version
*******************

Congrats to the Badger Icewomen!😎👍🏼

PWS
03-19-23

🏈 SPORTS: BREAKING! — END OF AN ERA! — Aaron Rodgers To Leave Pack, Will Play For Jets This Fall! — Future Hall-of-Famer Leaves After 15 Years, 1 Super Bowl Ring, 4 MVP Awards, & A Host Of Records!

Aaron Rodgers
Aaron Rodgers
Quarterback
Green Bay Packers

Tom Silverstein of the Milwaukee Journal Sentinel reports: 

https://www.packersnews.com/story/sports/nfl/packers/2023/03/15/packers-quarterback-aaron-rodgers-plans-on-playing-for-new-york-jets-next-season-pat-mcafee-show/69980713007/

GREEN BAY – The Aaron Rodgers Era in Green Bay is almost over.

A new era for the four-time MVP will begin in New York soon.

Rodgers confirmed it all Wednesday on “The Pat McAfee Show,” telling the host that after long contemplation and a meeting with Jets officials last week, he decided on Friday “to play and to play for the New York Jets.”

However, Rodgers said that no deal has been made and that the Packers are the ones holding up a trade and not him as has been speculated on social media and some news reports. He said he is ready to get back to playing football but remains in limbo until the trade goes through.

“I haven’t been holding things up at this point, it’s been compensation that the Packers are trying to get for me and are kind of digging their heels in,” Rodgers said. “So, I would just think it is interesting at this point. The whole picture.”

Rodgers went on to say he is coming to grips with the fact that his 18 years with the Packers franchise is coming to an end and that it is because the Packers want to move on without him. He said he won’t be bitter about the way things were handled, but he can’t completely move on because the trade has not been made.

. . . .

“You know, my side, love and appreciation and gratitude for everything that Green Bay has done for me. Love, so much love and gratitude and just heart open for the Packer fans and what it meant to be their quarterback, and also the reality of the situation,” he said. “Like, it is what it is; Packers would like to move on.”

. . . .

Rodgers said he went into his four-day darkness retreat 90% sure he would retire, but upon completion he heard the Packers were shopping him in trade talk. He said he was told after the season to take his time to make a decision whether he wants to play and wished the Packers had told him they didn’t want him anymore and wanted Jordan Love to be their quarterback.

He said he would have been happy with that.

“They’re ready to move on,” Rodgers said. “Jordan is going to be a great player. He’s a great kid. He’s got a bright future. I have so many great friends on that team and will be friends with. Fact of the matter is you have an aging face of the franchise that it’s time to do right by.”

. . . .

Packers’ trade of another future Hall of Fame quarterback harkens back to 2008

The Packers are following a familiar game plan for transitioning from a Hall of Famer to a young, first-round quarterback.

Three years after Rodgers was drafted in the first round of the 2005 draft, the Packers made their plans to succeed the retired Brett Favre with the guy they had been grooming for the job. When Favre decided he didn’t want to retire, the Packers stood with their decision to move on to Rodgers and traded Favre to the Jets.

Now, it’s Rodgers’ turn to leave the smallest market in the NFL for its biggest.

The Packers, according to multiple sources, were ready to move on from Rodgers as early as the end of last season when they felt they underachieved offensively. Rodgers failed to throw for a 300-yard game all season and couldn’t will the team into the playoffs despite needing only a victory at home against Detroit in Week 18.

The Packers had gone all in on 2022, setting an NFL record by guaranteeing all $150 million of Rodgers’ three-year contract extension, betting on him returning to the form that had earned him MVP honors in ’20 and ’21.

But the Packers finished 8-9 and general manager Brian Gutekunst saw enough improvement from Love in practice and a relief appearance against the Philadelphia Eagles to think he was ready to replace Rodgers.

Transitioning to Jordan Love may not go smoothly

The Packers were 6-10 when Rodgers took over in ’08. However, they made the postseason the following year and won the Super Bowl in ’10.

Love is entering his fourth season and the Packers now have every reason to exercise his fifth-year option before the May deadline. It will guarantee Love $20.2 million in ’24, but this season he will play for the $2,298,652 base salary in his rookie contract.

Though Love has three years under his belt, he has started only one game, played 157 snaps and thrown 83 passes. The Packers aren’t expecting him to win an MVP in his first year as a starter and know there may be growing pains.

More:If Jordan Love is the Packers’ next starting quarterback, his supporting cast will play a pivotal role

Dougherty: Matt LaFleur puts himself on the line bringing back Packers defensive coordinator Joe Barry

“I think the one thing you see in this league, it’s very rarely are guys shot out of a cannon winning-wise,” Gutekunst said during the week of the NFL scouting combine. “There’s some great play, there’s instances you see flashes, but I think it takes most of these quarterbacks a little time to learn how to win.

“And it’s one thing to play well and make throws and, make plays, but then it’s another thing to lead your team to wins. And I think that takes time, but you don’t get a lot of that in this league. But certainly with any new quarterback that’s playing for the first time you’re gonna need some of that.”

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

Read the complete article at the link.

“AR” gave us Packer fans lots of thrills (and a few chills) over 15 years. I was fortunate enough to see him play three times in person at Lambeau! It seemed that things just were’t “clicking” for the Pack and Rodgers last year. Also, they can’t keep Love on the bench forever. And, AR’s “off the field antics” had become somewhat distracting. So, the move isn’t surprising.

We’ll see if AR has another Super Bowl season in him with the somewhat hapless Jets, who haven’t been there since they won with Joe Namath when I was in college. 

Meanwhile we’ll also see whether Jordan Love can follow in the footsteps of Hall of Famers Bart Starr, Brett Farve, and AR. Big shoes to fill, for sure! 

Thanks for the memories, and all the best to AR!

🇺🇸 Due Process Forever!

PWS

03-15-23

☠️🤯👎🏼 LINDSAY TCZYLOWSKI @ IMMIGRANT DEFENDERS LAW CENTER WITH AN INTIMATE, DISCOURAGING, LOOK INSIDE MERRICK GARLAND’S UNFAIR “COURTS OF INJUSTICE” 🤮 @ EOIR — Where DHS Prosecutors Can Basically “Take The Day Off” & Undeservedly “Win” Life Or Death Cases Before “Judges” They “Own,” While Garland, Biden Administration, & Senate Dems “Look The Other Way!”

Lindsay Toczylowski
Lindsay Toczylowski
Executive Director, Immigrant Defenders
“ I always tell the new immigration attorneys at Immigrant Defenders Law Center to never forget just how stacked against our clients the odds are in immigration court.”

 

Lindsay Toczylowski writes on Linkedin:

https://www.linkedin.com/posts/lindsay-toczylowski-2a1a833_i-always-tell-the-new-immigration-attorneys-activity-7030040114038804480-KF4L?utm_source=share&utm_medium=member_ios

Lindsay Toczylowski

• 1st

Executive Director at Immigrant Defenders Law Center

9h •

9 hours ago

I always tell the new immigration attorneys at Immigrant Defenders Law Center to never forget just how stacked against our clients the odds are in immigration court. Today was a classic example.

Went in with a case that we have spent weeks on end prepping for, seeking asylum protection for our client. We extensively argued our case. Govt attorney waived arguments & had no filings for today, last filing they made in case was in 2020. Yet the judge found that despite a finding of past persecution the govt had rebutted the presumption of a well-founded fear of future persecution.

So the govt atty who didn’t make an argument, who didn’t file anything was found to have successfully rebutted our claims. We plan to appeal, but the imbalance of power in an immigration courtroom, even when someone has an attorney, is profound. Without an attorney it is inhumane.

At the end of the hearing the judge excused the ICE attorney so he did not have to stay through the oral decision. So we sat there, with our client wiping tears from his eyes, and received the decision. We took notes on its mistakes. We reserved the right to appeal.

And I felt this pit in my stomach knowing that my client was seeing his life flash before his eyes, knowing this put him in grave danger. And yet the ICE atty, one of the principal ppl responsible for putting him at risk, couldn’t even bother to stay to the end of the hearing.

Picture of the mural that sits across from one of the immigration courts in DTLA, which seems so fitting on today and so many days.

Mural in. LA
Mural

 

Grateful to my colleague Alvaro M. Huerta who was an incredible advocate for our client today.

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

A very sad commentary on the “culture of denial” still prevalent at EOIR and Garland’s failure to address it head on. Seems like the ACC knew how the judge would rule in advance. 

I actually remember a long-ago time at the USDOJ when a “win” was “when justice was done” not just “another denial and deportation notched.” As a few “old timers” might remember, I actually incorporated it into my “welcoming speech” to new INS trial counsel when I was the Deputy General Counsel/sometimes Acting GC at the “Legacy INS.” In a GOP Administration, no less!

Times have changed, I guess, to where a Dem Administration and a Dem AG function “below the Reagan line!” Interesting, yet depressing!

The IJ “excusing” the ACC from the oral decision — at least a violation of judicial etiquette, disrespectful, and unprofessional, if not marginally unethical — shows just where things stand in a system run by a former Federal Judge who has forgotten what justice and public service are all about — at least when it comes to those stuck in his dysfunctional and unprofessional “courts!”

I always insisted that both counsel be present for the delivery of an oral decision. If that were impossible, because of time constraints or a legitimate personal emergency, then the obvious solution was to either 1) issue a written decision, or 2) invite the parties to return another day to listen to the oral decision. A third option was to record it “in chambers,” and have a JLC or intern transcribe and edit it for issuance as a written decision. I actually noticed when the INS ACC was working on the files for the next case or “secretly” looking at an i-phone under counsel table while I was dictating the oral decision. While I didn’t mention it, it did “inform” my opinion of them as attorneys.

Unfortunately, I wouldn’t count on Garland’s Trump holdover BIA to correct the egregious injustices on the merits of this case. The appeals system is also “programmed to deny and deport” — just as Sessions and Barr constructed it! 

One might have thought that a Dem Administration and a former Federal Judge would be interested in bringing due process, fundamental fairness, and decisional excellence to one of the most important Federal “Court” Systems — one they totally control! Not so! This is most disappointing and enraging, particularly for those practicing in the “skewed against the individual” mess that Garland tolerates and enables!

This week, I posted the “best of EOIR,” fair, talented, expert Judges like Denver’s Judge Brea Burgie. https://immigrationcourtside.com/2023/02/06/-modeling-eoirs-potential-in-denver-judge-brea-c-burgie-attorne/.

I also recently featured a number of egregious examples of the worst of the Garland/Biden/Dems’ inexcusable, continuing dystopian chaos at EOIR: a decade of “outlaw” decision making, wrong legal standards, and contempt for court orders, https://immigrationcourtside.com/2023/02/10/-american-outlaws-the-continuing-saga-of-eoirs-flawed-decade-long-quest-to-deny-protection-to-honduran-woman-latest-chapter-bia-rebuked-by-1/; EOIR judges, at both levels, who don’t understand the legal concept of “torture” but are allowed by Garland to keep incorrectly adjudicating CAT cases, https://immigrationcourtside.com/2023/02/07/-how-can-judges-who-dont-know-what-torture-is-fairly-predict-its-future-probability-they-cant-1st-cir-outs/; violations of stipulated court orders on televideo hearings by EOIR in New Jersey, https://immigrationcourtside.com/2023/02/04/scofflaw-doj-eoir-violates-stipulated-court-order-on-video-hearings-garlands-failed-court-system-moves-a-step-closer-to-contempt-as-federal/; the outrageous “Montana mess;” https://immigrationcourtside.com/2023/02/08/😟montana-is-flyover-country-for-eoir-bureaucrats-due-process-public-service-for-people-below-out-of-sight-out-of-mind-1000-mile-drives-required-in-person/; “egregious ethnocentric judging” at EOIR “outed” by the Third Circuit, https://immigrationcourtside.com/2023/01/27/🤮☠%EF%B8%8F-egregious-ethnocentric-judging-bia-ignores-record-in-fabricated-denial-of-guatemalan-claim-3rd-cir-puzzled-by-bias/; a history of “secret decisions” and shocking inconsistencies in BIA decisions on “life or death” issues, https://immigrationcourtside.com/2023/01/28/-little-shop-of-horrors-heretofore-hidden-in-the-bowels-of-eoir-a-trove-of-secret-decisions-unfair-advantages-for-dhs-s/.

And, folks, these examples, including the outrageous miscarriage of justice and impartial judging described by Lindsay above, just cover a period since January 27, 2023, a mere 16 days ago — basically just the “tip of Garland’s deadly iceberg of injustice at EOIR!”

Tip of the Iceberg
While numerous examples of unfairness and unprofessionalism at Garland’s dystopian EOIR have surfaced, they are “just the tip of the iceberg” masking the huge disaster lurking below where Garland and his lieutenants fear to go!
Created by Uwe Kils (iceberg) and User:Wiska Bodo (sky).
Creative Commons Attribution-Share Alike 3.0

The unprofessional, disgraceful performance of EOIR described above, and the inexcusable failure to “clean house,” bring in qualified expert judges and professional judicial administrators, and support and institutionalize competent expert judging at EOIR, as represented by Judge Burgie and some others, would be disgraceful in ANY Administration! Coming during a Democratic Administration that RAN ON A PLATFORM of ending xenophobic, extralegal, nativist-motivated abuses directed at asylum seekers (often of color), immigrants, and their courageous, dedicated attorneys is totally unacceptable!

Yet, Senate Dems have failed to haul Garland and his lieutenants before the Senate Judiciary Committee to be confronted by those abused on their watch and to answer for their abject failure to bring due process, fundamental fairness, best practices, and competent, expert judicial decision making to EOIR’s dystopian, dysfunctional, and outrageously unfair “faux courts!”

As Lindsay says, “I always tell the new immigration attorneys at Immigrant Defenders Law Center to never forget just how stacked against our clients the odds are in immigration court.” It does NOT have to be this way! 

These are NOT life-tenured Article III judges! They are, as the DOJ is constantly reminding them, “DOJ attorneys.” GOP Administrations have demonstrated time and again the recognition that they have the power to “purge” judges who stand up for immigrants’ rights and due process and to “stack” the Immigration Courts against asylum seekers and immigrants. 

Garland has the power to do the opposite: “unstack” EOIR, bring in qualified judges and administrators who are recognized, respected experts in immigration law, human rights, and due process, and create a “model Federal Judiciary” and a source for future experienced, well-qualified Article III appointments.

In nearly two years of inept and dilatory “administration” of EOIR, Garland has failed to achieve, or indeed even attempt, these essential, long-overdue reforms. Indeed, so poorly has he performed on immigration, human rights, equal justice, and racial equity, that many dedicated immigration practitioners tell me that things are markedly worse now for due process and fair judging at EOIR than at the end of the Trump Administration. See, e.g.,  https://immigrationcourtside.com/2022/09/21/-outrage-boils-over-at-merrick-garlands-milleresque-war-on-due-process-at-eoir-his-grotesque-mismanagement-of-immigration-courts-garland-might/, (Quoting Jason “The Asylumist” Dzubow: “But as it turns out, President Biden’s EOIR is far worse than President Trump’s. Indeed, the current level of callousness would make even Stephen Miller blush.”)

As Jason Dzubow would say, “It didn’t have to be this way!” But, sadly, and outrageously, it IS this way! Eventually, that’s something that the Democratic Party will have to answer for! Unfortunately, some of their “victims” are likely to be in their graves by then!☠️⚰️🤮

President Biden often correctly says that our democracy is in peril! Yet, one of the main places where it is most imperiled and disrespected is in HIS OWN Immigration Courts at EOIR. Why hasn’t the President led the “defense of democracy” by cleaning up the mess in his own house? Inexplicable!

🇺🇸 Due Process Forever! 

PWS

02-11-22

Bill Russell, 88 — Civil Rights/Human Rights Advocate, Also Perhaps The Best Team Player In Sports History!

Bill Russell
Bill Russell of the Celtics guards Wilt Chamberlain of the 76ers in a 1966 game.
PUBLIC DOMAIN

By Paul Wickham Schmidt

Special to Courtside

August 1, 2022

The 1950s. Black and white TVs. NBA coverage more or less an afterthought on winter weekend afternoons when nothing else was on. The eight team NBA, comprised of teams representing the East and Upper Midwest only — including such major Metropoli as Syracuse, Rochester, and Ft. Wayne. Even the introduction of the “shot clock” in 1954 failed to “jazz up” the game.

Mostly, it was played by a bunch of White guys named Clyde, Bob, George, Dolph, Paul, Dick, Easy Ed, Red, Carl, Cliff, and Larry. They were talented athletes, to be sure. But, mostly what they did was dribble and shoot. Some launched two-handed “set shots” — hard to fathom in 2022! Defense and athletic moves were an afterthought, at best. Competent, but fundamentally boring. Something you watched if you were stuck at your Grandmother’s or maiden aunt’s apartment in Milwaukee after lunch.

The major problem, of course, was integration — or more accurately the lack thereof! Although Alexandria, VA native Earl Lloyd had become the first African American to play in the NBA in the 1950, and helped the Syracuse Nationals win the NBA championship in 1955, Blacks remained woefully under-represented in terms of their talent. Indeed, many of the best African-American players chose to play with the “barnstorming” Harlem Globetrotters because of the ingrained racism of the NBA.

That changed in 1956 when future Hall of Fame Coach Red Auerbach of the Boston Celtics convinced his team to draft and sign Bill Russell, who had just won two NCAA Championships with the San Francisco Dons (they reached the “Final Four” only once since, in 1957) and an Olympic Gold. Suddenly, the distinctive parquet floor of the Boston Garden took life. Blocked shots, rebounds, and passes to teammates in green, as well as some close in hook shooting by the athletic 6-10 center became the “norm.” 

The Celtics quickly became my favorite NBA team. The short-lived Milwaukee Hawks had decamped to St. Louis some years earlier. The Milwaukee Bucks of Kareem Abdul Jabbar and Oscar “Big O” Robertson were many years in the future. Interestingly, 6’8” Milwaukee Braves pitcher “Big Gene” Conley was a backup for the first few years of Russell’s Celtic career.

Behind Russell, the Celtics dominated the NBA for the next 13 years, winning championships in 11 of those seasons. He was the player-coach during the last three seasons of this run, becoming the first African American coach in the NBA.  

In 1960, Russell’s “Modern Big Man” rival, Wilt “The Stilt” Chamberlain moved from the Globetrotters to the Philadelphia Warriors of the NBA. This set up one of the greatest individual matchups in American sports history. Although Wilt won many of the individual “statistical” battles, Russell won the “war” hands down. A Wilt-led team bested the Celtics only once for the NBA Championship during the Russell era — in 1967 when Wilt’s Philadelphia 76ers won it all. (Wilt would go on to win another ring with the LA Lakers in 1972, after Russell’s retirement).

Perhaps the most telling stat of all in terms of Bill Russell being the most dominant “winner” in American team sports: In 22 so-called “elimination games” in college, the Olympics, and the NBA — where everything was on the line and the loser went home, Russell was 22-0. https://fadeawayworld.net/nba-media/bill-russell-never-lost-a-winner-take-all-game-in-his-career-with-an-unbelievable-22-0-record. Teamwork is important — in sports and in life! Russell made everyone around him better!

Great as he was on the court, Russell’s impact was even bigger off it. At a time when the White sports ownership system wanted their “carefully metered” Black stars to win games, fill seats, smile, sign autographs, and remain silent about systemic racism in American society, Russell took a big “pass” on the last three! He recognized that true greatness wasn’t measured by willingness to “go along to get along!”

For that reason, out of the countless tributes to Russell published over the past two days, I have selected this one as most representative of the greatness and impact of this American hero: “Bill Russell, Activist For The Ages,” by Martenzie Johnson in “Andscape:” 

https://andscape.com/features/bill-russell-activist-for-the-ages/.

Rest In Peace!

😎 Due Process Forever!

PWS

08-01-22

⚖️🧑🏻‍⚖️🍅FOOD FIGHT ERUPTS IN 5TH CIRCUIT AS EN BANC MAJORITY DECIDES TO FOLLOW LAW EVEN WHERE IMMIGRANT WINS! — 3 Trump Appointees, 1 Bush II Appointee, Join All Dem Appointees To Thwart 8 GOP Scofflaws’ Efforts To Overturn Rodriguez v. Garland!😎 

Food Fight
Far right activist  5th Circuit Judges reacting to colleagues who followed law and ruled in favor of immigrants. PHOTO: Creative Commons.

The issue is whether an in absentia removal order can be based on a statutorily defective notice. The panel followed the Supreme’s decision in Niz-Chavez and rejected the BIA’s conflicting decision in Matter of Laparra. In other words, the panel required the Government to follow the statute, a process known as “complying with the law.” This sent some of this most conservative circuit’s most far-right judges over the edge. Here’s the en banc decision:

https://www.ca5.uscourts.gov/opinions/pub/20/20-60008-CV1.pdf

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

  • Credit Dan Kowalski over at LexisNexis for the “food fight” characterization.
  • The scofflaw GOP dissenters cited “deference” to the Executive, something they have pointedly refused to apply to Biden Administration precedents and policies favoring migrants. 
  • The majority says: “[The BIA] flies in the face of the Supreme Court’s Pereira decision, which Laparra ignored.” 
  • Incredibly, Garland is on the “wrong side” of this controversy, defending the legally incorrect misinterpretation of his “Trump holdover” BIA!
  • The statutory requirement at issue: That a “Notice to Appear” before the Immigration Court inform the individual of the time and place of the hearing. How difficult does that sound? Not very, unless you are bumbling bureaucrat at DHS and EOIR who chose, even after the Supremes’ initial decision, to  violate that decision and the statute in almost 100% of the cases instituted before the Immigration Courts! 
  • Kudos to the 3 Trump appointees and one Bush II appointee who joined 3 Obama appointees and 2 Clinton appointees to uphold the rule of law and thwart their GOP scofflaw colleagues.
  • Interestingly, and perhaps mildly encouraging, the “Trump appointees” split 3-3 on this one.
  • Apparently nothing drives a wedge between conservative judges like the scary prospect of following the law when it gives immigrants a win!
  • Future ambitious academic study: How much of the current out of control backlog can be traced to the Government’s, and particularly the BIA’s, inept handling of straightforward notice requirements set forth in the statute?
  • There’s a reason why I keep referring to Garland’s out of control EOIR backlogs as “largely self-created,” albeit in fairness not exclusively by him. The Trump Administration, and to a lesser extent the Obama Administration, also “excelled” at “Aimless Docket Reshuffling” driven by “prioritizing” improper political goals over due process, fundamental fairness, quality, and practical scholarship in the Immigration Courts.

🇺🇸Due Process Forever!

PWS

04-21-22

☹️ 🏀 HEPBURN GOES DOWN, BADGERS DREAM SEASON ENDS, AS CYCLONES FLATTEN BUCKY! — 54-49

By Paul Wickham Schmidt

Courtside Sports Special

March  20, 2022

The Wisconsin Badgers went down to a determined Iowa State Cyclones team in Milwaukee Sunday night in the second round of the NCAA Men’s Tournament. Freshman point guard Chucky Hepburn left the game with a bad ankle injury injury in the first half. 

After that, the Badgers looked totally discombobulated! They played hard, but the disorganized offense was totally inept, bricking shot after shot to kill any comeback chances. The Badgers were truly horrible on threes (2-22), and Iowa State’s smothering defense thwarted any semblance of a consistent inside game. That proved a deadly, season-ending combination for Bucky.

The 49 points was the Badgers’ lowest total of the season. They also committed a season-high 17 turnovers.

Big-10 Player of the Year sophomore Johnny Davis, in what likely was his final game in a Badger uniform, finished with a team-high 17 points on 4-16 shooting and 0-7 on threes. Frankly, he looked like a guy who needs another year of college competition before heading for NBA “prime time.” The rather thin Badger bench was truly horrible, save for senior center Chris Vogt.

The Badgers finish 26-8, far exceeding preseason expectations. But, their end of season slump, losing 3 of their last 4, plus the departure of their second leading scorer, “super senior” Brad Davison and the likely departure of Davis leave next season’s prospects in doubt.

Meanwhile, the Cyclones continued their own dream season by upping their record to 22-12 and moving on to the “Sweet 16” for the first time since 2015. Last year, they won only two games! Many congrats to Iowa State and their coach T.J. Otzelberger, a Wisconsin native. And good luck in the Sweet 16!

Meanwhile thanks to Coach Greg Gard and the Badgers for an exciting season! Also, many thanks to Brad Davison for six great years and Johnny Davis for a season of unexpected thrills.

🏀SPORTS/SOCIAL JUSTICE🗽 — He’s Won More Games Than Any Other, Including 5 NBA Championships, & Coached Some Of The All-Time Greats — But Some Of Gregg Popovich’s Greatest Achievements Go Beyond The Court — His Consistent Outspoken Advocacy For Social Justice & An End To Racism In America!

Etan Thomas
Etan Thomas
Etan Thomas played in the NBA from 2000 through 2011. He is a published poet, activist and motivational speaker
Gregg Popovich
Gregg Popovich
NBA Head Coach
San Antonio Spurs, 1996 ——

 

 

https://www.theguardian.com/sport/2022/mar/12/gregg-popovich-legacy-ally-activism-injustice-racism?CMP=Share_iOSApp_Other

Etan Thomas in The Guardian:

. . . .

In 2017, Popovich spoke at length at Spurs media day about systemic racism and politics, saying the country under Trump had become “an embarrassment to the world”: “Obviously, race is the elephant in the room and we all understand that. Unless it is talked about constantly, it’s not going to get better. Why do we have to talk about that?’ Well, because it’s uncomfortable. There has to be an uncomfortable element in the discourse for anything to change.

“The disgusting tenure and tone and all the comments … have been xenophobic, homophobic, racist, misogynistic. I live in a country where half the people ignored that to elect someone.”

Asked to reflect on the life of Dr Martin Luther King Jr and race relations in the country, part of Popovich’s answer focused on the country’s leadership.

“It seems like a lot of roll back in that regard, especially as we look at the race situation in our country. Everybody wants to forget about it but it should be there, front and center, constantly,” Popovich said.

“Race is still the unanswered dilemma that everyone continues to ignore. Dr. King did not ignore it, and it’s a big fear now that we have a group in power that is very willing to ignore it. It’s not just with their words, but their actions prove it, and that is scary.”

Now. Coach Popovich wasn’t the first and definitely won’t be the last in sports to verbally spank the former US president or call out the blatant and the prevailing racism and bigotry that is currently running rampant not only throughout the Republican Party but America as a whole, yet he’s certainly one of the most important and unique for a number of reasons:

1) Coach Popovich is a graduate of the Air Force Academy and works in a military town.

2) The aforementioned standard that he and the Spurs organization has set would appear to be in direct opposition to his public chastisement of the America.

3) Coach Popovich was making these statements in the ultra-red state of Texas, arguably the most conservative of the conservative states based on the state legislature and the congressional delegation, one that has voted Republican in 10 straight presidential elections and saw 52.6% of voters punch for Trump.

. . . .

Coach Popovich said that it’s up to white people to call out racism no matter what the consequences and didn’t even really receive any backlash for his comments, not even in an ultra-conservative place like Texas. And that’s what makes him unique and special. Yes, Popovich’s coaching milestone is historic and worthy of celebration, but his activism off the court will endure longer as the standard for all white people who truly want to be allies in this fight against racism and white supremacy.

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

Read the full article at the link.

Many congrats to Coach Popovich on his coaching milestone! He did it all with one team, the San Antonio Spurs, making him the longest-tenured Head Coach not only in the NBA but in contemporary American sports!

😎 Due Process Forever!

PWS

03-14-22