⚖️👩🏻‍⚖️JUSTICE-ELECT BARRETT STUMPED BY WHETHER GOVERNMENT-SPONSORED CHILD ABUSE IS ILLEGAL OR IMMORAL – Frankly, My Dears, Once They Are Out Of The Womb, Who Cares, Particularly If They Are Only Migrant Kids? – Bess Levin @ Vanity Fair With The Latest Scoop On “America’s Favorite Mother!”

Judge Amy Coney Barrett
Supreme Court Nominee by Bob Englehart, PoliticalCartoons.com
Published under license
Bess Levin
Bess Levin
Politics & Finance Writer
Vanity Fair

https://www.vanityfair.com/news/2020/10/amy-coney-barrett-child-separation?utm_source=nl&utm_brand=vf&utm_mailing=VF_Hive_101520&utm_medium=email&bxid=5bd67c363f92a41245df49eb&cndid=48297443&hasha=8a1f473740b253d8fa4c23b066722737&hashb=26cd42536544e247751ec74095d9cedc67e77edb&hashc=eb7798068820f2944081a20180a0d3a94e025b4a93ea9ae77c7bbe00367c46ef&esrc=newsletteroverlay&mbid=mbid%3DCRMVYF012019&utm_campaign=VF_Hive_101520&utm_term=VYF_Hive

 

Since Amy Coney Barrett was nominated to the Supreme Court, Republicans have suggested that one of the reasons she should be given a lifetime appointment on the highest court of the land is that she has seven kids. Barrett is “a remarkable mother” with “seven beautiful children,” Senator Thom Tillis said during the first day of her confirmation hearing. She’s a “tireless mother of seven,” Senator Chuck Grassley told the room. “She and her husband have seven children,” Senator Lindsey Graham said in his opening remarks, in case anyone hadn’t heard, before giving her two more. “She and her husband have seven children. Two adopted. Nine seems to be a good number,” he said. Obviously, constantly bringing up this part of Barrett’s biography is part of an attempt on Republicans’ part to (1) draw a distinction between Barrett and what they view as childless heathen Democrats, (2) claim that any opposition to her confirmation is anti-mom, and (3) suggest that since she’s a mother, she must be a good person who couldn’t possibly issue rulings that would hurt millions of people.

But, surprise! Despite being a mother, Barrett is expected to help overturn the Affordable Care Act. (After she was asked about this possibility, which would strip health insurance from millions, Grassley raged at his Democratic colleagues that “As a mother of seven, Judge Barrett clearly understands the importance of health care.”) She will also very likely go after Roe v. Wade, if given the chance, which some mothers would point out prevents their daughters—or even women they didn’t give birth to!— from being forced into back alley abortions. And even though she’s a mom of seven children, she apparently thinks the jury is still out on whether or not it’s bad to separate small children from their parents, if they happen to be from another country: . . . .

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

Read the rest of Bess’s article and the latest from The Levin Report at the above link.

Just for the record, the Trump DOJ conceded before U.S. District Judge Dana Sabraw (a GOP appointee) that intentional child separation is a violation of Fifth Amendment Due Process.

They also declined to appeal Judge Sabraw’s order to that effect – unusual for a regime that usually pushes the most frivolous, clearly illegal, and unethical positions for as long as possible to the highest levels of the judiciary (knowing that the “Roberts” Five” believes that ethical requirements and disciplinary procedures don’t apply to the Trump legal team assembled on your taxpayer dollars).

Wonder what would happen if we had a more honest and realistic confirmation system that allowed nominees to actually answer truthfully, rather than disingenuously claiming under oath that after a lifetime of intense public involvement in the law, politics, and public policy, they had no real views on anything of any importance whatsoever?

I actually doubt that an honest answer to this question, either way, would have cost Coney Barrett her politically-assured confirmation, nor would it have required recusal in any litigation likely to reach the Supremes’ merits docket.  So, Coney Barrett thinks we’re dumb enough to believe that after several days of her GOP sponsors touting the wonderfulness of her bold embrace of their far-right agenda — the first overtly “pro-life woman Justice” — that they are badly mistaken and, in fact, she has no views or opinions on anything.

 

It kind of reminds me of the “super-disclaimer” I used to give on those occasions when my “EOIR handlers” let me speak in public: “Nothing that I say today represents my view on any case that I decided in the past, is pending before me, or might come before me in the future.”

 

On the bright side, Coney Barrett was able to (sort of) answer the question of Sen. John “I’m Not JFK” Kennedy (R-LA) about who does the laundry at her home (supposed to be her kids, but apparently they haven’t completely gotten the message. Now, if ACB were before me in Immigration Court, this is the point when I would have turned to the kids and said “Come on kids, Mom’s doing it all for you and others, I want you to give her and your Dad a hand.”)

 

Seriously, though, Dems, here’s the definition of Justice Amy Coney Barrett: “It’s what you get when lose elections for the White House and the Senate.” If you really want the next woman Justice to be a worthy progressive successor to the legacy of RBG and a “soul mate” for Justice Sonia Sotomayor, then go out and win the elections necessary to make that happen!

 

Another huge plus: If we Dems could figure out how to translate our national political majority into control of all three political arms, we could shore up health care, address COVID in a rational way, help Americans who have lost livelihoods and confidence because of COVID, and create educational opportunities and jobs that will be durable and serve us well in the Post-COVID world. We could also address the deficit by undoing the revenue shortage resulting from unwarranted tax giveaways to the wealthy, and get “more bang for our tax dollars” by running government wisely, prudently, and efficiently, for the overall public good rather than for the benefit of grifters and their selfish, anti-democracy far-right agenda.

 

Then, we could see whether Justice Barrett will stick to her word and urge her colleagues to “let the political branches of Government make policy.” That’s something that has been a challenge for past right-wing jurists, including the late Justice Scalia. But, if it actually happened, it would make the issue of “enhancing” the Supremes with progressive Justices largely moot.

 

Which is probably why Joe & Kamala have wisely refused to “take the GOP bait” on how they might specifically solve a problem that might or might not exist in the future. I do know one thing, however. As reflective, reasonable, and thoughtful public officials who listen to expert advice, they will promote the best possible solution for all Americans under the circumstances. That’s certainly a “quantum leap” over where we are today!

 

PWS

 

10-15-20

 

PWS

10-14-20

 

 

 

 

UNADULTERATED BS — CONEY BARRETT’S CLAIM OF “IMPARTIAL JUSTICE” FLUNKS “STRAIGHT FACE TEST” — “Amy Coney Barrett’s originalism does not work as a method of safeguarding democracy against an activist, ideologically motivated judiciary. It does, however, function quite well as a means of obscuring a far-right movement’s efforts to impose its unpopular agenda by judicial fiat.”

Judge Amy Coney Barrett
Supreme Court Nominee by Bob Englehart, PoliticalCartoons.com
Published under license
Eric Levitz
Eric Levitz
Associate Editor
Intelligencer
New York Magazine
Photo source: Twitter

https://nymag.com/intelligencer/2020/10/amy-coney-barrett-confirmation-hearing-originalism.html

Eric Levitz reports for NY Magazine:

. . . .

Even Republicans don’t have the stomach to outsource judgment on all modern constitutional questions to the slaveholding elite of a preindustrial, post-colonial backwater. As Dean of Berkeley Law Erwin Chemerinsky has observed, a ruthless adherence to text and history would require forfeiting judicial protection of “liberties such as the right to marry, the right to procreate, the right to custody of one’s children, the right to keep the family together, the right of parents to control the upbringing of their children, the right to purchase and use contraceptives, the right to abortion, [and] the right to refuse medical care,” none of which are guaranteed by the Constitution.

Amy Coney Barrett herself has acknowledged the undesirability of applying originalism indiscriminately, noting in 2016, “Adherence to originalism arguably requires, for example, the dismantling of the administrative state, the invalidation of paper money, and the reversal of Brown v. Board of Education,” and other institutions that “no serious person would propose to undo,” even if they lack constitutional grounding. Barrett’s proposed solution to this conundrum is for courts to simply avoid ruling on cases where originalism would dictate socially unthinkable overturnings of precedent; she wrote in 2017 that “discretionary jurisdiction generally permits [the Court] to choose which questions it wants to answer.”

But this expedient degrades originalism’s claim to neutrality. If an originalist Supreme Court can apply its doctrine opportunistically — taking only those cases in which its “neutral” juridical method will yield outcomes acceptable to a “serious” person (as they define that adjective) — then originalism isn’t much of a binding restriction on judicial discretion.

What’s more, Barrett’s concession tacitly betrays awareness of a critical fact that originalists love to elide when speaking for a lay audience: Amending the Constitution has become so phenomenally difficult it’s not at all clear that the American people could promptly replace an overturned Brown v. Board of Education with an amendment forbidding school segregation, despite overwhelming popular support for that Supreme Court decision. Originalists like to portray their judicial approach as highly democratic, since they purport to defer to the letter of a democratically enacted Constitution. But once one stipulates that the demos is manifestly no longer capable of passing constitutional amendments with regularity, it becomes clear that the originalist practice of striking down democratically elected laws in deference to the letter of a centuries-old document is profoundly anti-democratic.

Of course, in real life, “originalist” Supreme Court justices haven’t just applied their method opportunistically by selecting cases in which originalism will produce a favored outcome; they’ve also simply declined to abide by their method when they feel like it. On Monday, Barrett named Antonin Scalia as her guiding light on judicial philosophy. But as Georgia State University Law professor Eric J. Segall notes, Scalia voted “for broad rules limiting congressional power to enact campaign finance reform, to commandeer state legislatures and executives to help implement federal law, and to allow lawsuits against the states for money damages by citizens of other states” without “justifying these broad rules from a textual or historical perspective,” presumably because they have no textual or historical basis.

In sum: Amy Coney Barrett’s originalism does not work as a method of safeguarding democracy against an activist, ideologically motivated judiciary. It does, however, function quite well as a means of obscuring a far-right movement’s efforts to impose its unpopular agenda by judicial fiat.

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

Read Eric’s complete article, which is an outstanding debunking of  “originalism” — a totally bogus invention of the reactionary right — intended to pervert the law and promote far-right attacks on humanity — at the link. 

Just think about it: Supposedly a bunch of guys who risked everything on a never-before-realized long shot of defeating the British King and setting up a republic actually  intended that 230 years after the fact the governors of that republic would be so backwards, unimaginative, and intellectually limited that they would still be attempting to divine the “true meaning” of various two-centuries out of date words and concepts that nobody agreed upon in the first place! Preposterous! Not to mention totally intellectually dishonest!

Obviously, if the GOP Senators actually believed that Coney Barrett would be an unbiased judge with an open mind to progressive, liberal, humane, common sense interpretations of law and committed to implementing the Constitutional guarantee of equal protection and due process under the law for all persons, they would be apoplectic. They would be outraged at Trump for foisting such an unreliable and unpredictable jurist on them! 

I’m not necessarily saying that Coney Barrett couldn’t educate herself and “get smarter” on the bench — abandoning her false dogma and actually showing some empathy, courage, independence, and commitment to equal justice for all. She wouldn’t be the first GOP-appointed Judge or Justice to move left on the bench. After all, spending a lifetime mired on the wrong side of history screwing up the lives of your fellow humans can get old, even for well-trained right-wing ideologues.

Also, she will have the benefit of the only current Justice who actually appears up to the job and consistently understands the proper role of a High Court in a democratic republic — Justice Sonia Sotomayor. Sotomayor actually “gets it right” in an amazing number of cases and usually explains her reasoning in coherent, non-legalistic terms that most folks can understand. 

But, sadly, I find relatively little in Coney Barrett’s career to predict that type of self-awareness, intellectual honesty, moral courage, and capacity for human growth. Her family situation shows some capacity for empathy and human understanding. 

But, sadly, to date, she evidently has been unable to “connect the dots” between her kids’ lives and futures and the future of humanity. To understand that but for the grace of God, the refugee she is expelling based on BS non-defects could be someone she actually loves or regards as human. That the benefits that neo-Nazi Stephen Miller is unethically and illegally stripping from deserving immigrants could be the lifeline that, but for life’s quirks, would allow her, her family, or other loved ones to survive and achieve their full human potential. The capacity to function as a real jurist certainly is there, but the will and perspective seem to be largely lacking.

In a way, Coney Barrett’s squandered potential to achieve good is her own human tragedy. But, one for which those “other than Coney Barrett” are likely to pay the ultimate price.

PWS

10-14-20

🏴‍☠️👎🏻ONLY THE BEGINNING: SUPREMES AGAIN INTERFERE WITH LOWER COURT RULING IN AID OF TRUMP’S CENSUS UNDERCOUNT SCHEME! — Communities Of Color, Democrats Likely To Be Screwed By Trump/GOP Scheme!

 

https://www.usatoday.com/story/news/politics/2020/10/13/2020-census-supreme-court-lets-administration-end-head-count-now/5975298002/

Richard Wolf reports for USA Today:

 

WASHINGTON – The Supreme Court on Tuesday temporarily allowed the Trump administration to end its 2020 census count earlier than planned, a move that could result in undercounting racial and ethnic minorities and others in hard-to-reach communities.

The Commerce Department had asked the justices to block a lower court ruling that barred the administration from stopping the head count on Oct. 5. The administration had sought to stop counting in order to determine the number of House seats and electoral votes each state gets for the coming decade by Dec. 31, before Trump might have to leave office.

While the decision was unsigned, Associate Justice Sonia Sotomayor registered her dissent. She said “meeting the deadline at the expense of the accuracy of the census is not a cost worth paying.”

. . . .

 

**************** 

So, two months wouldn’t be long enough for the USG to get the results to Trump? Gimme a break! And, since when does the most lawless Administration in history lose sleep about missing a statutory deadline? Incredible! But, hardly unexpected from a Court that “belongs” to a political party and makes little attempt to hide it. 

Interestingly, however, Justices Breyer and Kagan also “took the day off” on this one. That left Justice Sotomayor as the sole defender of an honest census count.

Justice Sotomayor’s dissent says it all:

While the decision was unsigned, Associate Justice Sonia Sotomayor registered her dissent. She said “meeting the deadline at the expense of the accuracy of the census is not a cost worth paying.”

“The harms caused by rushing this year’s census count are irreparable,” Sotomayor wrote. “And respondents will suffer their lasting impact for at least the next 10 years.”

Of course, the “irreparable harm” will skew things illegally in favor of the GOP for the coming decade. But, that’s the point of a politically weaponized Supremes! And, you can bet that Justice Barrett will do everything possible to advance the GOP program of shafting communities of color and majority-Democrat jurisdictions while seeking to maintain GOP minority control of government!

Vote ‘Em out, vote ‘Em out! At every level of Government, the GOP and their ideological judges are committed to unrelenting corruption, inequality, destroying democracy, and forcing an extreme right-wing agenda on the majority of Americans!

PWS

10-13-20

THE GIBSON REPORT — 10-12-20 — Compiled By Elizabeth Gibson, Esquire. NY Legal Assistance Group —  DocumentedNY Takes You Inside The Maliciously Incompetent Kakistocracy Known As Immigration “Courts,” That Aren’t “Courts” At All & Where The Victims Might Never Have Any Idea Of Why They Are Being “Ordered Deported” By “Judges” Beholden To the Regime’s Corrupt & Racist Enforcement Apparatus! (Item #5 Under “Top- News”) — Plus Other News From The Regime’s “Twilight Zone!”

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

COVID-19

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

 

EOIR Status Overview & EOIR Court Status Map/List: Hearings in non-detained cases at courts without an announced date are postponed through, and including, October 30, 2020. [Note: Despite the standing order about practices upon reopening, an opening date has not been announced for NYC non-detained at this time.]

 

TOP NEWS

 

ICE Is Planning To Fast-Track Deportations Across The Country

Buzzfeed: Immigration and Customs Enforcement officials have started to implement a policy that allows officers to arrest and rapidly deport undocumented immigrants who have been in the US for less than two years, according to internal emails and documents obtained by BuzzFeed News.

 

Amid pandemic, sharply increased U.S. detention times put migrants at risk

Reuters: Detention centers now house fewer than half as many people as before the pandemic – less than 20,000 as of early October – in part because emergency health measures established in March have allowed authorities to expel nearly 150,000 migrants at the border. At the same time, the ICE data show, the average amount of time immigrants spent in U.S. detention almost tripled to three months this September compared to September 2016, before President Donald Trump took office. Detainees in September 2020 were being held nearly double the amount of time as in September 2019.

 

San Diego judge upholds state ban on private immigration detention centers

LA Times: Under the ruling, at least four immigration detention centers with the capacity to house about 5,000 people would be phased out over the coming years.

 

Justice Department cancels diversity training, including for immigration judges

SF Chron: The U.S. Justice Department has suspended all diversity and inclusion training and events for its employees, according to a memo obtained by The Chronicle, which would include judges in San Francisco and elsewhere hearing cases of immigrants seeking to avoid deportation.

 

How the Immigration Courts Malfunctioned: What We Saw

DocumentedNY: A prosecuting attorney for ICE losing a detainee´s file, immigrants spending more time in jail because the video teleconferencing system malfunctioned, a judge deporting children because they failed to show up to court. The following are some of the negligences we saw after we spent three months in the immigration courts.

 

Supreme Court Reopens Local Leader’s Immigration Case

DocumentedNY: Ravi Ragbir, an immigrant advocate who runs the New Sanctuary Coalition, has been fighting his deportation with a First Amendment claim

 

‘We Need to Take Away Children,’ No Matter How Young, Justice Dept. Officials Said

NYT: Top department officials were “a driving force” behind President Trump’s child separation policy, a draft investigation report said.

 

ICE Arrested More Than 100 Immigrants In California Weeks Before The Presidential Election

Buzzfeed: The arrests were the latest effort by ICE to target the state and its policies that reduce the cooperation between local police and federal agents when it comes to immigration enforcement.

 

The Matter Of Castro Tum

LatinoUSA: In 2018, a young Guatemalan man named Reynaldo Castro Tum was ordered deported even though no one in the U.S. government knew where he was, or how to find him. Now, more than two years later, his unusual journey through the United States’ immigration system has sucked another man back into a legal quagmire he thought that he’d escaped. This episode follows both of their stories and the fateful moment they collided.

 

LITIGATION/CASELAW/RULES/MEMOS

 

EOIR Payment Portal

EOIR: The EOIR Payment Portal is available to pay BIA Filing Fees associated with the form EOIR-26 and related BIA Motions. Filing fees for the Form EOIR-29 and related motions should continue to be paid in accordance with Department of Homeland Security (DHS) instructions. Payments for immigration court fees must follow current processes (See 8 C.F.R. 1103.7).

 

EOIR Announces 20 New Immigration Judges

EOIR announced the investiture of 20 new immigration judges, including three assistant chief immigration judges. Per the notice, EOIR’s immigration judge corps has increased nearly 70 percent since January 2017. Notice includes the judges’ biographical information and courts of appointment. AILA Doc. No. 20101200

 

Oral Argument This Week in Pereida v. Barr

ImmProf: Oral argument in the case is scheduled for this Wednesday morning, October 14, 2020 at 11:00 a.m. Eastern. The argument may be listened to live. In Pereida, the Supreme Court will decide whether a criminal conviction bars a noncitizen from applying for relief from removal when the record of conviction is merely ambiguous as to whether it corresponds to an offense listed in the Immigration and Nationality Act.

 

Petitions of the week: Sanchez v. Wolf

SCOTUSblog: The case asks whether a grant of Temporary Protected Status authorizes eligible noncitizens to obtain lawful-permanent-resident status if those noncitizens originally entered the United States without being “inspected and admitted” – a term of art referring to lawful entry and authorization by an immigration officer.

 

USCIS Updates Policy Guidance on TPS and Eligibility for Adjustment of Status Under INA §245(a)

USCIS is updating policy guidance in the Policy Manual confirming that a grant of TPS is not admission for INA §245(a) adjustment purposes; clarifying that the applicability of decisions in the sixth and ninth circuits is limited to those jurisdictions; and incorporating Matter of Z-R-Z-C. AILA Doc. No. 20100635

 

Second District Court Grants Motion for Preliminary Injunction of USCIS Fee Rule

A district court granted the plaintiffs’ motion for a preliminary injunction and stayed the effective date of the USCIS Final Rule (except for those fees set by statute) pending resolution of the matter or further order of the court. (NWIRP et al., v. USCIS, et al., 10/8/20) AILA Doc. No. 20100909

 

District Court Declares Unlawful 2018 SIJ Policy Imposing Reunification Requirement on State Courts

A federal district court in Washington State declared unlawful a 2018 policy requiring state courts to have jurisdiction to order reunification, if warranted, before making the relevant Special Immigrant Juvenile (SIJ) findings. (Moreno Galvez, et al. v. Cuccinelli, et al., 10/5/20) AILA Doc. No. 20100842

 

BIA Rules That Cancellation of Removal Despite Criminal Conviction Precludes a Later Finding of Deportability Based on the Same Conviction

The BIA ruled that if a criminal conviction was charged as a ground of removability when cancellation of removal was granted, that conviction cannot serve as the sole factual predicate for a charge of removability in subsequent removal proceedings. Matter of Voss, 28 I&N Dec. 107 (BIA 2020) AILA Doc. No. 20100840

 

CA1 Finds “Wealthy Immigrants Returning to Jamaica” Is Not a Cognizable Particular Social Group

The court held that the petitioner’s withholding of removal claim failed, because it found that “wealthy immigrants returning to the country of Jamaica” did not form a cognizable particular social group. (Lee v. Barr, 9/22/20) AILA Doc. No. 20100535

 

CA1 Upholds Asylum Denial to Kenyan Petitioner Who Opposed Al-Shabaab

The court upheld the BIA’s denial of asylum, finding that terror attacks in Kenya by Al-Shabaab constituted generalized violence, and rejecting the petitioner’s proposed social group of westernized and Americanized Christian Kenyans who oppose Al-Shabaab. (Zhakira v. Barr, 10/2/20) AILA Doc. No. 20100901

 

CA3 Holds It Lacks Jurisdiction to Review IJ’s Discretionary Denial of Continuance to Petitioner Convicted of Aggravated Felony

Where petitioner, who had been convicted of an aggravated felony, argued that the BIA erred in upholding the IJ’s denial of his motion for a continuance, the court dismissed the petition, finding he had failed to state a constitutional claim or question of law. (Mirambeaux v. Barr, 10/2/20) AILA Doc. No. 20100903

 

CA3 Rejects Due Process Claims of Mexican Petitioner Who Sought Cancellation of Removal

Where BIA had dismissed petitioner’s appeal on the ground that his removal would not cause his daughters “exceptional and extremely unusual hardship,” the court rejected his two due process challenges, finding that neither was a constitutional claim. (Hernandez-Morales v. Att’y Gen., 9/2/20) AILA Doc. No. 20100902

 

CA5 Upholds Denial of Asylum to Chinese Petitioner Who Claimed He Had an Anti-Corruption Political Belief

The court upheld the BIA’s denial of asylum to the Chinese petitioner, finding that the evidence did not compel a reasonable factfinder to conclude that the petitioner had been persecuted for his political opinion rather than for personal reasons. (Du v. Barr, 9/14/20) AILA Doc. No. 20100540

 

CA8 Finds BIA Did Not Abuse Its Discretion in Denying Petitioner’s Motion to Reopen Based on Ineffective Assistance

The court upheld the BIA’s denial of the petitioner’s motion to reopen, finding that the petitioner had not substantially complied with the requirements in Matter of Lozada for reopening removal proceedings based on alleged ineffective assistance of counsel. (Avitso v. Barr, 9/22/20) AILA Doc. No. 20100537

 

CA9 Upholds District Court Order Prohibiting Government from Detaining Certain Minors in Hotels for Longer Than 72 Hours

The court denied the government’s motion for a stay of the district court’s order precluding DHS from placing minors detained under a Title 42 public health order in hotels for more than three days in the process of expelling them from the United States. (Flores v. Barr, et al., 10/4/20) AILA Doc. No. 20100906

 

CA9 Upholds Asylum Denial to Guatemalan Petitioner Who Did Not Report Abuse by Ex-Boyfriend to Police

Upholding the denial of asylum to the petitioner, who had been abused by her ex-boyfriend, the court held that substantial evidence supported the conclusion that the Guatemalan government could have protected the petitioner had she reported her abuse. (Velasquez-Gaspar v. Barr, 9/30/20) AILA Doc. No. 20100904

 

CA9 Finds Petitioner Was Properly in Asylum-Only Proceedings and IJ Lacked Jurisdiction to Consider Adjustment of Status Request

The court held that the termination of petitioner’s grant of asylum by reopening his asylum-only proceedings was not error, and that the IJ did not have jurisdiction to consider his request for adjustment of status because of the limited scope of such proceedings. (Bare v. Barr, 9/16/20) AILA Doc. No. 20100630

 

CA9 Holds That Petitioner’s Oregon Conviction for Manufacture of a Controlled Substance Was an Aggravated Felony

The court held that Oregon Revised Statute §475.992(1)(a) is divisible as between its “manufacture” and “delivery” terms, and that the petitioner’s conviction under that statute for manufacturing marijuana was thus an aggravated felony. (Dominguez v. Barr, 7/21/20, amended 9/18/20) AILA Doc. No. 20081036

 

CA9 Says Conviction Under California Penal Code §245(a)(1) for Assault with a Deadly Weapon Other Than a Firearm Is a CIMT

Deferring to the BIA’s decision in Matter of Wu, the court held that a conviction under California Penal Code §245(a)(1), which proscribes certain aggravated forms of assault, is categorically a crime involving moral turpitude (CIMT). (Safaryan v. Barr, 9/17/20) AILA Doc. No. 20100631

 

CA9 Overrules Minto v. Sessions and Concludes Resident of CNMI Is Not Removable Under INA §212(a)(7)(a)(i)

The en banc court overruled Minto v. Sessions, holding that the petitioner, who was present in the Commonwealth of the Northern Mariana Islands (CNMI) when the INA became applicable there, was not removable under INA §212(a)(7)(a)(i). (Torres v. Barr, 9/24/20) AILA Doc. No. 20100538

 

DOS Issues Update on Court Order Regarding Presidential Proclamation 10052

DOS announced that due to the injunction in NAM v. DHS, any J-1, H-1B, H-2B, or L-1 applicant who is either sponsored (as an exchange visitor) by, petitioned by, or whose petitioner is a member of, one of the plaintiffs in the suit is no longer subject to PP 10052’s entry restrictions. AILA Doc. No. 20100536

 

RESOURCES

 

 

EVENTS

   

 

ImmProf

 

Monday, October 12, 2020

Sunday, October 11, 2020

Saturday, October 10, 2020

Friday, October 9, 2020

Thursday, October 8, 2020

Thursday, October 8, 2020

Wednesday, October 7, 2020

Tuesday, October 6, 2020

Monday, October 5, 2020

 

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Only the “tip of the iceberg” in a thoroughly corrupt and totally dysfunctional system that nobody seems willing to put out of its misery and the injustices that it causes humanity and the rule of law each day that it continues to grind out gross miscarriages of justice!

PWS

10-13-20

👩‍⚖️⚖️ONE MEAN☠️🤮⚰️ MOTHER: Soon-To-Be Justice Barrett’s Immigration Jurisprudence Shows Cruelty, Legal Ignorance, Lack Of Empathy For The Vulnerable Humans Whose Lives Are At Stake In An Unconstitutional System Rigged Against Them!

Judge Amy Coney Barrett
Supreme Court Nominee by Bob Englehart, PoliticalCartoons.com
Published under license

 

Dahlia Lithwick
Dahlia Lithwick
Supreme Court Reporter
Slate
Wikimedia Commons — Public Domain
Mark Joseph Stern
Mark Joseph Stern
Reporter, Slate

 

https://slate.com/news-and-politics/2020/10/democrats-amy-coney-barrett-confirmation-supreme-court-chat.html

Dahlia Lithwick & Mark Joseph Stern in Slate:

. . . .

Dahlia: I wonder what you thought of Barrett’s statement, about how she reads each of her opinions through the eyes of the losing party. As you have written, the losing party tends to be the prisoners, the Black worker, the teen seeking abortion, the asylum seeker. It reminded me of Justice Samuel Alito testifying at his hearings about his great solicitude for immigrants.

Mark: Barrett’s opening statement made me think about one of her worst decisions (so far), in which she approved the deportation of an asylum seeker because there were small, trivial variations in his account of persecution. Over a dissent, Barrett said, yep, this asylum seeker must be sent home to be tortured and murdered because tiny details in his story changed over time. Would a judge who views the case through the eyes of the asylum seeker really dismiss his claims so cavalierly? I doubt it.

. . . .

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

Read the complete dialogue at the link.

So much for intellectual honesty! It also shows Barrett’s fundamental lack of experience and legal understanding of what Immigration “Courts” really are and how they have been politicized and weaponized against asylum seekers by “judges” who report to overtly biased and xenophobic politicos in the Executive Branch. Just how would this “naked farce” satisfy any rudimentary concept of Due Process? Clearly it doesn’t. And just as clearly, intentionally tone-deaf judges like Barrett don’t care!  They lack the guts, relevant experience representing migrants, and the intellectual presence to stand up for the Constitutional and human rights of “the other.” 

How would YOU like to be sentenced to torture and/or death based on trivial inconsistencies found by an Immigration “Judge” working directly for the Attorney General and his regime in a badly flawed assembly line process designed to achieve political policy objectives, not justice?

Also, did anyone else pick up the facial absurdity of Barrett’s disingenuous claim to be “apolitical” while pledging allegiance to GOP “superhero” the late Justice Antonin Scalia, probably the most overtly “political Justice” of modern times?

Bottom Line: Once you’re out of the womb, this is one mother you don’t want on your case!🏴‍☠️☠️⚰️

Better Judges For A Better America! Judge/Justice Barrett is part of the problem, not the solution! The best way to insure that she is among the last, far-right, anti-democracy, inhumane judges given life tenure on the Supremes or anywhere else, vote ‘em out, vote ‘em out! Then, we’ll discover the “true meaning” of Barrett’s “I’m not there to make policy nonsense!” (Indeed, I would submit that the sole reason for her appointment was the GOP’s belief and expectation that she will reliably elevate disingenuous right-wing policies, biases, and prejudices over the Constitutional, individual, and human rights of individuals and that she will be a steadfast opponent of Constitutionally-required equal justice under law.)

Justice for the George Floyds, Breonna Taylors, dehumanized dead asylum seekers, and wrongfully imprisoned migrant kids of the world (e.g., the end of unconstitutional “Baby Jails”) will require a different type of “Justice” than Amy Coney Barrett in the future! Far from being truly “independent” and “apolitical,” Barrett is likely to be the perfect representative of the warped man who appointed her and his anti-democracy party. And, that’s likely to cause problems for all Americans of good will far into the future!

PWS

10-13-20

SCOFFLAWS 🏴‍☠️ STUFFED AGAIN: Split 9th Agrees That Trump’s “Stunt Wall” Illegal — Sierra Club v. Trump!

Dan Kowalski
Dan Kowalski
Online Editor of the LexisNexis Immigration Law Community (ILC)

Dan Kowalski reports for LexisNexis Immigration Community:

https://www.lexisnexis.com/legalnewsroom/immigration/b/insidenews/posts/ca9-on-use-of-military-for-border-wall

pastedGraphic.png

Daniel M. Kowalski

12 Oct 2020

CA9 on Use of Military $ for Border Wall

Sierra Club v. Trump

“This appeal presents the question of whether the emergency military construction authority provided by 10 U.S.C. § 2808 (“Section 2808”) authorized eleven border wall construction projects on the southern border of the United States. We conclude that it did not. We also consider whether the district court properly granted the Organizational Plaintiffs a permanent injunction and whether the district court improperly denied the State Plaintiffs’ request for a separate permanent injunction. We affirm the decision of the district court on both counts. … We hold that the States and Sierra Club both have Article III standing and a cause of action to challenge the Federal Defendants’ border wall construction projects, that Section 2808 did not authorize the challenged construction, and that the district court did not abuse its discretion in either granting a permanent injunction to Sierra Club or in denying a separate permanent injunction to the States.”

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

PANEL:  THOMAS, Chief Judge, and WARDLAW and COLLINS, Circuit Judges

Opinion by Chief Judge Sidney R. Thomas; Dissent by Judge Collins

The only real question here is whether the Supremes will bail out the regime’s scofflaws once again.

PWS

10-13-20

NDPA SUPERSTAR ⭐️ PROFESSOR ERIN BARBATO 🦸‍♀️ ORGANIZES EVENT, SPEAKS OUT IN MADISON CAP TIMES ON ICE ABUSES IN THE “NEW AMERICAN GULAG” (“NAG”) — “We must rebuild the system from the ground up and work toward a future in which immigrants are treated with respect and dignity. Our shared humanity demands it.”

 

Professor Erin Barbato
Professor Erin Barbato
Director, Immigrant Justice Clinic
UW Law
Photo source: UW Law

https://madison.com/ct/opinion/column/erin-m-barbato-immigrant-detention-today-relies-on-systemic-racism-and-life-threatening-policies-it/article_0b8a6c14-99bf-5aa4-bd81-30b7923d9c54.html

Last month, a nurse at a federal immigration detention center in Irwin, Georgia, filed a whistleblower complaint detailing the abhorrent treatment of people detained there. She charged that women in detention were subjected to hysterectomies and invasive gynecological exams without their knowledge or consent, and often without assistance from interpreters.

The complaint is heartbreaking, but far from surprising. These atrocities are consistent with practices employed at U.S. detention centers for decades, and they are sadly consistent with our tragic history of forced sterilization of minority women. The implications of the complaint are perfectly clear: we must end the civil detention of immigrants, so fraught with systemic racism that undervalues the lives of Black, Indigenous and other people of color. There is no other option.

With over 200 detention centers, the United States has the largest immigration detention system in the world. Immigration and Customs Enforcement (ICE) has over the past two years detained an average of 40,000 daily, an astonishing number that surpasses the population of Wisconsin cities like Brookfield and Wausau. Yet the detention of immigrants is just a microcosm of the inhumanity that characterizes our immigration system today. Many immigrants come to the U.S. to seek refuge and a better life for themselves and for their families. But when they arrive in this country, they are forced into conditions that violate human rights principles under both international and domestic standards, and that, frankly, violate our moral obligations to each other as human beings.

ICE has the authority to release most people from detention through monetary bonds or parole, and ICE policy requires that people seeking asylum are released from detention when they can establish their identity and demonstrate they are neither a danger nor a or flight risk. Instead of using these tools, though, ICE almost always chooses detention, ostensibly to deter others from coming into the country. But far from showing detention to be an effective deterrent, statistics reveal the opposite: harsher penalties have not reduced the numbers of undocumented migrants crossing U.S. borders. What the data does show is how immigrant detention has become a big business, with taxpayer dollars helping to subsidize a billion-dollar private prison industry that profits from human trauma.

Often located in remote places, immigrant detention facilities are ripe for the abuse of detained migrants. There is no community oversight and little — often no — access to legal representation. People in detention will only have an attorney if they can afford one or are lucky enough to find pro bono representation.

. . . .

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

Read the rest of Erin’s article at the link! Erin reinforces points that I make often here on Courtside: the real objectives of unnecessary and highly cost-ineffective “civil detention” are to deprive migrants of access to counsel, coerce them into abandoning potentially successful claims, punish them for exercising legal rights, and deter others from asserting legal rights.

All of these are clear violations of  Constitutional due process and equal protection!  The conditions under which these non-criminals are held to “punish” them for their audacity to assert their legal rights also violate the Eighth Amendment, as some lower Federal Court Judges have found.

Unfortunately, too many Article III Judges have abdicated their oaths to uphold the Constitutional rights of the most vulnerable persons among us in the face of improper political pressure and a regime overtly out to undo American democracy and institute a far-right reactionary, white nationalist kakistocracy.

And, here’s info on a great “virtual event” that Erin helped organize to raise awareness of the existence and devastating effects of “Baby Jails” in the U.S. Allowing  such cruel and inhuman abominations to flourish in our nation is beyond disgraceful! (See also the recent book Baby Jails: The Fight to End the Incarceration of Refugee Children in America, by my good friend and Georgetown Law colleague Professor Phil Schrag).

https://law.wisc.edu/calendar/event.php?iEventID=32578180

The Flores Exhibit: Stories of Children Held in Immigrant Detention Facilities

WHEN

Wednesday, October 14, 2020

7:30 pm to 8:30 pm

WHERE

Virtual 

EVENT DESCRIPTION

Artists, lawyers, advocates and immigrants read the sworn testimonies of young people under the age of 18, who were held in two detention facilities near the U.S./Mexico border in June 2019. Followed by a discussion with panelists. 

Organized by the Immigrant Justice Clinic, Latinx Law Student Association, and American Constitution Society at UW Law School. 

Zoom link will be sent to via email to those who register.

Registration

INTENDED AUDIENCE

Faculty, Students, Staff

EVENT CATEGORY

Speaker/Discussion

Email this event

Download for import into your calendar

« Back to the Calendar

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

I proudly note that my good friend Judge (Ret.) Jeffrey S. Chase and other distinguished members of our Round Table of Former Immigration Judges are “readers” in “The Flores Exhibit.”

I am also inspired by all that Erin has accomplished and the lives she and her students have saved through the Immigrant Justice Clinic at my alma mater, UW Law!

Erin and others like her are exactly the type of progressive, practical, scholar-problem solvers that we need as Federal Judges and in key Government policy-making positions. We need to replace the reactionary kakistocracy with a progressive, equal justice oriented, practical, problem-solving humanitarian meritocracy. 

“Equal Justice For All” isn’t just a “throwaway slogan.” It’s a vision of a better, more efficient, more effective, more tolerant, more inclusive, more diverse, more representative Government that will work with people of good faith everywhere to maximize opportunities for all and promote a brighter future for everyone in America! It’s in our power to make it happen,and the necessary change starts this Fall.

Due Process Forever!

PWS

10-12-20

🏴‍☠️☠️🤮⚰️INSIDE ICE’S NEW AMERICAN GULAG (“NAG”) WITH MICA ROSENBERG @ REUTERS! – As COVID Rages, “Civil” Detainees Jailed By ICE In Deadly Conditions For Longer Periods!

 

Mica Rosenberg
Mica Rosenberg
National Immigration Reporter, Reuters

In our most recent story on ICE detention and the coronavirus, we looked at ICE data going back to 2010 and found immigrants are being held now for longer on average than at any time in a decade in the middle of a pandemic, which has now infected more than 6,400 detainees nationwide. We spoke to 20 detainees from Africa and Latin America who have been detained for more than six months. Some were asylum seekers held for long periods as they seek relief in immigration court, others were DACA recipients who have served criminal sentences but are still fighting their deportation orders.

Detainees are locked up for much longer, even as the overall detention population dropped dramatically this year. Part of the reason for that decline: around 150,000 expulsions at the US-Mexico border under new health rules put in place by the Trump administration in March.

https://www.reuters.com/article/us-usa-immigration-detention-insight/amid-pandemic-sharply-increased-u-s-detention-times-put-migrants-at-risk-idUSKBN26U15Y

 

This follows on our earlier reporting about how ICE transfers of detainees have exacerbated the spread of the virus in some cases and how detainees have died of COVID-19. As well as how the families of detainees are being affected because of their frontline work.

 

Thanks again to everyone who has helped me report these stories and please do keep in touch with future tips. Beyond detention, we are also following the swift pace of immigration policy changes across the board.

 

All the best,

Mica

 

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

Thanks Mica and crew for continuing to expose these outrageous violations our Constitution, our international obligations, morality, common sense, and our obligations to our fellow humans by the Trump regime’s white nationalist kakistocracy!

 

Vote ‘em out, vote ‘em out, on every level! Return our nation to the rule of law, common sense, competency, and simple human decency.

 

PWS

10-11-20

TAL KOPAN @ SF CHRON: 🏴‍☠️ Billy The Bigot’s DOJ Goes Full Racist, Cans Immigration Courts’ Diversity Training!

 

Tal Kopan
Tal Kopan
Washington Reporter, SF Chronicle
Honorable Mimi Tsankov
Honorable Mimi Tsankov
U.S. Immigration Judge
Eastern Region Vice President
National Association of Immigration Judges (“NAIJ”)

https://www.sfchronicle.com/politics/article/Justice-Department-cancels-diversity-training-15635203.php

Justice Department cancels diversity training, including for immigration judges

WASHINGTON — The U.S. Justice Department has suspended all diversity and inclusion training and events for its employees, according to a memo obtained by The Chronicle, which would include judges in San Francisco and elsewhere hearing cases of immigrants seeking to avoid deportation.

The memo, dated Oct. 8, is in response to an executive order issued by President Trump last month that labeled racial bias training as “offensive and anti-American race and sex stereotyping and scapegoating.” It was issued by Lee Lofthus, the assistant attorney general for administration.

“To ensure compliance with requirements specific to Diversity and Inclusion (D&I) training for employees, DOJ Components are instructed to suspend all D&I related training, programs, activities, and events that employees are required or permitted to attend while on Government-paid time,” Lofthus wrote.

Any new diversity training must be approved by the federal Office of Personnel Management, Lofthus said. He offered no timeline for resuming training.

The suspension applies to all divisions of the Justice Department, but could be of particular importance to the immigration courts.

Unlike the independent federal judiciary, immigration judges who hear the cases of asylum seekers and others trying to stay in the U.S. are employees of the Justice Department, hired by the attorney general.

Those cases often include some of the most sensitive stories of trauma from around the world, including many from women who say they have been raped, trafficked or abused in countries that frequently do not punish men who commit such acts. Asylum seekers also include people who say they have been persecuted because of their religious beliefs and LGBTQ individuals from countries where such identities are criminalized.

The Justice Department did not immediately respond to a request for comment.

Rep. Zoe Lofgren, D-San Jose, who chairs the House Judiciary subcommittee on immigration, said the Justice Department, like other workplaces, “should always aim for more diversity, not less.”

“The suspension of this training will also apply to our nation‘s immigration courts and could lead to less inclusive and fair-minded judges,” Lofgren said in a statement to The Chronicle. “This is yet another reason why the immigration court system should be an independent body, separate from DOJ and free from the political whims of the Executive branch.”

The union that represents immigration judges noted that they interact with a diverse group of people in court, which it said makes such training important.

“The National Association of Immigration Judges values diversity and inclusion in the workplace as it ensures that the Immigration Judges can meet the needs of the diverse group of stakeholders with whom we interface.” Mimi Tsankov, the chair of the group’s committee on gender equity and a judge in New York, said in a statement. “Immigration Court workplace training on diversity and inclusion reflects a commitment to its importance and ensures a judicial bench ready to respond to the needs that our cases demand.”

President Trump’s attorneys general have paid particular attention to the immigration courts as part of their efforts to restrict immigration to the United States, by implementing policies that have reduced judges’ discretion and made it harder for immigrants to claim asylum.

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

Those with access should go to the above link for the full article. It also gives Tal a boost from the “hits.”

Glaring, intentional lack of diversity on the bench along with racial, gender, religious, and ethnic insensitivity have become an endemic problem at EOIR. But, given a regime and a DOJ that pride themselves on racism, misogyny, xenophobia, along with disdain for professionalism, expertise, ethics, humanity, and the Constitution, that’s not surprising.

Representative Lofgren and the NAIJ’s Judge Tsankov are absolutely correct. It’s time to put an end to the disgraceful abomination at EOIR and create a real, independent court system dedicated to due process, fundamental fairness, and promoting human dignity!

Due Process Forever! Today’s Dysfunctional & Unfair EOIR, Never!

PWS

10-11-20

🇺🇸🗽EIGHT DECADES AGO, “THE GREATEST GENERATION” FOUGHT A WAR AGAINST FASCISM, RACISM, HATE & AUTHORITARIANISM  — Now The Succeeding Generations Are Fighting At The Ballot Box To Remove A Fascist Government From Control Of Our Country!

 

Kitanya Harrison
Kitanya Harrison
Writer
Photo from Twitter

https://gen.medium.com/should-you-wish-a-fascist-well-1aa0b9a22d03

By Kitanya Harrison @ Medium:

. . . .

A plague was the check and balance, not the rule of law, not civility. Trump and Republicans showed hubris in the face of a force of nature that cannot be gaslit, bullied, or emotionally manipulated. A virus demands you engage with it truthfully. You can’t bluster your way out of infection. Trump’s lies and arrogance regarding Covid-19 have cost 210,000 Americans their lives. Those lies and arrogance have finally caught up with him, and he may pay a heavy price. Some people think that’s poetic justice. They are being rebuked by those who think you should never be that callous, not even to a fascist.

Fascists know how to weaponize the norms governing civility to gain and maintain control over others. They know how to exploit sympathy. They know if they pretend to play nice sometimes, people believe they’ll begin to adhere to these norms and stop their harm. It’s a con. It works, though. That’s why four years into the Trump regime, reporters and pundits are still, embarrassingly, talking about his change of tone and his becoming more “presidential” any time he displays the barest modicum of decorum. This dynamic lowers the bar all the way down to Hell. Playing along is always the wrong move.

. . . .

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

Read the rest of the article at the link.

Excellent summary of how fascism works and how the “mainstream” keeps giving it a “pass” and normalizing severely abnormal, anti-social, illegal behavior by Trump and his toadies. 

Just look at yesterday’s Courtside posting — kids and legal refugees continue to suffer while Sessions collects his pension, Hamilton continues to plan criminal enterprises on our dollar, and Rosenstein racks up the big bucks pretending like his venture into child abuse and crimes against humanity were just “normal activities of a senior Government official at the DOJ.” Not normal! Not acceptable!

History tells us what happens to those who “play along to get along.” The U.S. Olympic Committee turning an intentionally blind eye to Hitler’s virulent anti-Semitism so that the U.S. could participate in “Hitler’s Big Show” — the 1936 Olympics. British Prime Minister Neville Chamberlain selling out the Czechs, babbling about “peace in our time” on the eve of the bloodiest war in world history, and pretending that Hitler was “just another German politician” with “traditional” nationalist aspirations.

This Fall, vote Trump and the GOP out at all levels of Government. It might be the last chance to save our democracy from fascism and to save more lives from the malfeasance, ignorance, hate, and evil of Trump and his GOP enablers.

 

PWS

10-08-20

😎HERE’S SOME GOOD NEWS👍: My Friend & NDPA Superhero 🦸‍♀️ Professor Michele Pistone @ Villanova Law Recognized By The Chronicle Of Higher Education For Her Innovative VIISTA Program That Trains Non-Attorneys To Provide Great Pro Bono Representation To Migrants In Immigration Court!

The Chronicle of Higher Education featured VIISTA.  Here is the story:

 

Article Link: https://www.chronicle.com/article/most-asylum-seekers-have-no-legal-counsel-this-villanova-program-trains-non-lawyers-to-step-in

 

The Chronicle of Higher Education (Oct. 6, 2020)

 

Most Asylum Seekers Have No Legal Counsel. This Villanova Program Trains Non-Lawyers to Step In.

 

By Katherine Mangan

 

pastedGraphic.png

Michele Pistone, a law professor at Villanova University, stands in front of Pennsylvania’s

York County Prison, one of the largest immigration detention centers in her region. Pistone

has created a college course in which laypeople can learn to advocate for immigrants.

 

The contrast, for a young lawyer in a high-powered New York firm, couldn’t have been clearer. In 1991, Michele R. Pistone was part of a team of lawyers helping Donald J. Trump restructure his massive debts as his Atlantic City casinos hemorrhaged money. Pistone, who was 25 at the time, recalls walking into her client’s office with closing documents and being greeted by an entire floor-to-ceiling wall of framed magazine covers with his photo.

 

Fast-forward a few months to the pro bono assignment that would change the course of her career and inspire her to start a program at Villanova University aimed at expanding legal assistance to immigrants and asylum seekers.

 

Volunteering for a group now called Human Rights First, she represented a father and son who had fled Somalia during a bloody civil war. The father, a minister whose life had been threatened during the uprising, had been charged with alien smuggling since his son did not have a visa. If forced to return to his country, the elderly man faced the possibility he could be killed.

 

About six years after she won their case, the son, who had just earned U.S. citizenship, and his father gave her a colorful straw bag as a thank you. It is a constant reminder, she said, of the power and privilege she has as a lawyer. “It was so amazing to be in a position to save someone’s life.”

 

Pistone, who led lobbying efforts in the mid-90s in Washington, D.C., to protect asylum seekers, estimates that she has helped free more than 100 clients from detention, including former child soldiers, women who fled gender-based violence, and children who fled gang violence.

 

As a professor of law at Villanova, her focus now is on making sure that more refugees and asylum seekers, six out of 10 of whom confront the immigration system alone, get that help.

 

After a successful pilot that ended in May, she started a program this fall to certify students to become legal advocates for migrants and refugees. “Villanova Interdisciplinary Immigration Studies Training for Advocates,” offered through the university’s College of Professional Studies, is described as the first university-based, fully online program to train immigrant advocates. That format, planned before the pandemic forced most courses online, allows easier access for working professionals, including those in rural areas, and keeps costs low.

 

Graduates can apply to become Department of Justice “accredited representatives,” non-lawyers who are authorized to provide inexpensive legal representation to migrant and refugee families. Accredited representatives, who must work or volunteer for a recognized group like a nonprofit or faith-based organization, can sign legal documents, accompany clients to interviews, and perform other duties a lawyer would handle in court.

 

In the United States, where deportation cases are civil proceedings, immigrants are not entitled to court-appointed lawyers the way they are in criminal proceedings.

 

Access to legal representation makes a huge difference, according to the Vera Institute of Justice. The nonprofit research and policy group found that immigrants are 12 times more likely to get available relief when they have an advocate.

 

“Tens of thousands of people each year go unrepresented, including asylum seekers, longtime legal residents, immigrant parents or spouses of U.S. citizens, and even children,” the Vera Institute notes. “They are left to defend themselves in an adversarial and notoriously complex system against the United States government, which is always represented by counsel.”

 

The Committee for Immigration Reform Implementation estimated in 2014 that at least one million of the unauthorized immigrants living in the U.S. were eligible for legal relief and would be permitted to live in the U.S. if they had access to legal representation.

 

Few people facing the threat of deportation can afford to hire lawyers, and nationwide, there are only about 300 fully accredited representatives authorized to counsel clients in court, Pistone said. That’s where VIISTA hopes to make a difference.

 

The program is divided into three 14-week modules. The certificates students earn after completing each module authorize them to take on increasing levels of responsibility for representing immigrants. The first module, which prepares students to interview and be sensitive to the needs of immigrants, addresses why people migrate, the structure of government immigration systems, and cultural differences. The second and third focus on immigration law and train people to become partially or fully accredited representatives. Students can complete one, two, or three modules.

 

Among the students who completed all three modules in the pilot this spring is Eileen Doherty-Sil, an adjunct associate professor of political science at the University of Pennsylvania who teaches about forced migration. It’s one thing, Doherty-Sil said, to teach about the United Nations Convention Against Torture, and quite another to represent a client who could face torture if returned to his home country.

 

The insights she gained in the program will enrich her teaching, she said. “Michele’s program gave us a really clear-eyed idea of what it looks like for someone to face a judge and say, ‘Please don’t send me back.’”

 

Without someone to advise him, an asylum seeker who fears he could be tortured or killed if he’s returned might instead say in court that his goal is to get a good job and be a good citizen. “They can’t possibly know that that’s the wrong thing to say,” Doherty-Sil said. Asylum is for refugees fleeing persecution, not for someone seeking a better life.

 

Pistone likens the development of specialized legal representatives to the growth of nurse practitioners and physician assistants in the medical field. (The role is different from paralegals, who are trained to support lawyers within their offices but aren’t authorized to appear in court.)

 

The problem of representation became more acute as mounting tuition and shrinking job opportunities caused the number of law-school applications to tumble beginning in 2008-9. But even when people complained about a glut of lawyers, there never seemed to be enough people willing, or financially able, to represent the poorest clients.

 

“A lot of people in the legal academy think the solution to access to justice is lawyers, yet we’ve been trying for so long using lawyers,” Pistone said. The system, she said, is clearly broken. “It’s up to those of us in the system to come up with a viable, scalable solution.”

 

All three modules of the VIISTA program can be completed in 10 months, for a cost of under $4,000.

 

Pistone’s students have included teachers, social workers, and others who want to play a more active role in helping immigrants.

 

“I want to train 1,000 people a year,” Pistone said. “And if they each represented one client a month, that’s 12,000 families that are getting an advocate in immigration court.”

Michele

Michele R. Pistone

Professor of Law

Villanova University, Charles Widger School of Law

Director, Clinic for Asylum, Refugee & Emigrant Services (CARES)

Founder, VIISTA Villanova Interdisciplinary Immigration Studies Training for Advocates

Co-Managing Editor,Journal on Migration and Human Security

Adjunct Fellow, Clayton Christensen Institute for Disruptive Innovation

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

Many well-deserved congrats,  Michele, my friend!

As I previously mentioned, I am delighted to have had a small role in helping Michele get VIISTA off the ground.

To once again state the obvious: American Government and our Federal Judiciary need more “scholar problem-solvers” like Michele.

Due Process Forever!

PWS

10-07-20

🏴‍☠️☠️🤮⚰️👎CRIMES AGAINST HUMANITY, “PERPS” ON THE LOOSE! — DOJ Internal Report Shows How “Gonzo Apocalypto” Sessions, Rosenstein, Hamilton Conspired To Separate Migrant Kids In Violation Of 5th Amendment — When Will These Criminals Be Charged & Prosecuted Under 18 USC 242? — NY Times Reports!

Sessions in a cage
Jeff Sessions’ Cage by J.D. Crowe, Alabama Media Group/AL.com
Republished under license

https://www.nytimes.com/2020/10/06/us/politics/family-separation-border-immigration-jeff-sessions-rod-rosenstein.html?campaign_id=9&emc=edit_nn_20201007&instance_id=22889&nl=the-morning&regi_id=119096355&section_index=2&section_name=the_latest_news&segment_id=40077&te=1&user_id=70724c8ee3c2ebb50a6ef32ab050a46b

‘We Need to Take Away Children,’ No Matter How Young, Justice Dept. Officials Said

Top department officials were “a driving force” behind President Trump’s child separation policy, a draft investigation report said.

pastedGraphic.pngpastedGraphic_1.pngpastedGraphic_2.png

By Michael D. Shear, Katie Benner and Michael S. Schmidt

  • Oct. 6, 2020
    • 505

WASHINGTON — The five U.S. attorneys along the border with Mexico, including three appointed by President Trump, recoiled in May 2018 against an order to prosecute all undocumented immigrants even if it meant separating children from their parents. They told top Justice Department officials they were “deeply concerned” about the children’s welfare.

But the attorney general at the time, Jeff Sessions, made it clear what Mr. Trump wanted on a conference call later that afternoon, according to a two-year inquiry by the Justice Department’s inspector general into Mr. Trump’s “zero tolerance” family separation policy.

“We need to take away children,” Mr. Sessions told the prosecutors, according to participants’ notes. One added in shorthand: “If care about kids, don’t bring them in. Won’t give amnesty to people with kids.”

Rod J. Rosenstein, then the deputy attorney general, went even further in a second call about a week later, telling the five prosecutors that it did not matter how young the children were. He said that government lawyers should not have refused to prosecute two cases simply because the children were barely more than infants.

“Those two cases should not have been declined,” John Bash, the departing U.S. attorney in western Texas, wrote to his staff immediately after the call. Mr. Bash had declined the cases, but Mr. Rosenstein “instructed that, per the A.G.’s policy, we should NOT be categorically declining immigration prosecutions of adults in family units because of the age of a child.”

The Justice Department’s top officials were “a driving force” behind the policy that spurred the separation of thousands of families, many of them fleeing violence in Central America and seeking asylum in the United States, before Mr. Trump abandoned it amid global outrage, according to a draft report of the results of the investigation by Michael E. Horowitz, the department’s inspector general.

The separation of migrant children from their parents, sometimes for months, was at the heart of the Trump administration’s assault on immigration. But the fierce backlash when the administration struggled to reunite the children turned it into one of the biggest policy debacles of the president’s term.

Though Mr. Sessions sought to distance himself from the policy, allowing Mr. Trump and Homeland Security Department officials to largely be blamed, he and other top law enforcement officials understood that “zero tolerance” meant that migrant families would be separated and wanted that to happen because they believed it would deter future illegal immigration, Mr. Horowitz wrote.

The draft report, citing more than 45 interviews with key officials, emails and other documents, provides the most complete look at the discussions inside the Justice Department as the family separation policy was developed, pushed and ultimately carried out with little concern for children.

This article is based on a review of the 86-page draft report and interviews with three government officials who read it in recent months and described its conclusions and many of the details in it. The officials, who spoke on the condition of anonymity because they had not been authorized to discuss it publicly, cautioned that the final report could change.

Before publishing the findings of its investigations, the inspector general’s office typically provides draft copies to Justice Department leaders and others mentioned in the reports to ensure that they are accurate.

Mr. Horowitz had been preparing to release his report since late summer, according to a person familiar with the investigation, though the process allowing for responses from current and former department officials whose conduct is under scrutiny is likely to delay its release until after the presidential election.

Mr. Sessions refused to be interviewed, the report noted. Mr. Rosenstein, who is now a lawyer in private practice, defended himself in his interview with investigators in response to questioning about his role, according to two of the officials. Mr. Rosenstein’s former office submitted a 64-page response to the report.

“If any United States attorney ever charged a defendant they did not personally believe warranted prosecution, they violated their oath of office,” Mr. Rosenstein said in a statement. “I never ordered anyone to prosecute a case.”

. . . .

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

Read the complete article at the link.

U.S. District Judge Dana Sabraw concluded that intentional separation of families was unconstitutional — a clear violation of Fifth Amendment due process. https://www.nytimes.com/2018/06/26/us/politics/family-separations-congress-states.html

The Government did not seriously question the correctness of this finding! 

Intentionally violating Constitutional rights (not to mention lying and attempting to cover it up) is clearly a violation of 18 USC 242.

Here’s the text of that section from the DOJ’s own website:

TITLE 18, U.S.C., SECTION 242

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, … shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

https://www.justice.gov/crt/deprivation-rights-under-color-law

Sure looks like an”open and shut” case for prosecution.

The irony: Families and their kids have been traumatized for life, perhaps even killed or disabled by the actions of these criminal conspirators; however, the “perps” remain at large.

Hamilton is on the public dole continuing to wreak-havoc on the Constitution, the rule of law, the Immigration Courts, and human decency at the corrupt Barr DOJ; Rosenstein works for a “fat cat” law firm hauling down a six figure salary while he avoids justice and accountability for his misdeeds; “Gonzo” had the absolute audacity to try to reinsert himself onto the public dole by running for the Senate from Alabama (thankfully, unsuccessfully, even though he previously held the seat for years and misused it as a public forum to spread his racist ideas, xenophobic venom, lies, false narratives, and unrelenting cruelty).

Where’s the “justice” in a system that punishes victims while letting “perps” prosper and go free?

Due Process Forever!

PWS

10-07-20

MARCIA BROWN @ NEW REPUBLIC — There Can Be No Due Process Without An Independent Immigration Court Staffed By Qualified Judges!

Marcia Brown
Marcia Brown
Writing Fellow
American Prospect
Photo source: American Prospect

https://newrepublic.com/article/159530/best-way-protect-immigrants-whims-politics

. . . .

Paul Schmidt, who served as a board member and board chair of the Board of Immigration Appeals under the [Clinton] administration, said that Trump is not the first to manipulate the courts. In 2003, President George Bush’s Attorney General John Ashcroft removed board members whose views did not match the administration’s ideas for immigration. “You can track the downward trajectory of the immigration courts from Ashcroft,” he said. “We call it the purge. If you’re not with the program, your job could be on the line.… Ashcroft rejiggered the system so there’s no dissent.”

Schmidt said he “got bounced” because of his views, which makes him skeptical of the courts ever being independent in the current system. “How can you be a little bit independent?” he said. “It’s like being a little bit pregnant. You either are, or you aren’t.”

. . . .

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

Read the full article at the link.

Congrats to Marcia for recognizing that while the seeds of the current Immigration Court disaster originated in the Bush II Administration, they also grew steadily because of the Obama Administration’s mismanagement and misuse of the Immigration Courts.

Given a rare chance to create a truly progressive, due-process-oriented judiciary, without any interference from Mitch McConnell and the GOP, the Obama group chose another path. They promoted “Aimless Docket Reshuffling” at EOIR to meet improper political policy objectives. At the same time, they almost totally “shut out” the human rights, clinical, and immigration bars by appointing over 90% of Immigration Judges from Government backgrounds, overwhelmingly DHS prosecutors. 

Notwithstanding a process that did not require Senate Confirmation, the Obama Administration politicos took a mind boggling average of two years to fill Immigration Court judicial vacancies! They also left an unconscionable number of unfilled positions on the table for White Nationalist AG Jeff Sessions to fill!

Sure, it’s not “malicious incompetence” like the Trump regime. But, for asylum applicants and other migrants whose lives and due process rights are now going down the drain at an unprecedented accelerated rate, the difference might be negligible.

Dead is dead! Tortured is tortured! Missed opportunities to save lives are lives lost!

First, and foremost, Biden/Harris need to get elected. But, then they must escape the shadow of Obama’s immigration failures and do better for the many vulnerable and deserving folks whose lives are on the line.

Shouldn’t be that hard! The progressive legal talent is out there for a better Federal Judiciary from the Immigration Courts to the Supremes.

It just requires an Administration that takes due process, human rights, human dignity, and equal justice for all seriously and recognizes that in the end, “it all runs through immigration and asylum!” The failure to establish a sound, independent, institutionalized due process and equal justice foundation at the U.S. Immigration Courts, the “retail level” of our courts, now threatens to infect and topple the entire U.S. justice system! We need to end “Dred Scottification” before it eradicates all of our individual rights.

Due Process Forever!

PWS

10-06-20

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”⚖️

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

COVID-19

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

 

New

  • EOIR Status Overview & EOIR Court Status Map/List: Hearings in non-detained cases at courts without an announced date are postponed through, and including, October 23, 2020. [Note: Despite the standing order about practices upon reopening, an opening date has not been announced for NYC non-detained at this time.]

 

Closures

 

Guidance:

 

TOP NEWS

 

SIJS Priority Dates

For the first time in more than two years, the priority dates for SIJS applicants from El Salvador, Honduras, and Guatemala have advanced. The new priority date is February 1, 2018. All I-360 SIJS applications filed on or before February 1, 2018 may now file for adjustment of status. The priority date for Mexican SIJS cases is current which means that any Mexican SIJS applicant may file now for adjustment of status. SIJS adjustment cases will not be able to waive the considerable filing fees if/when the new rules go into effect and given the opacity of the visa bulletin, we are not sure the priority dates will remain at the current dates past October 31.

 

Trump Virtually Cuts Off Refugees as He Unleashes a Tirade on Immigrants

NYT: The change in the number of refugees that Mr. Trump plans to admit is not drastic: no more than 15,000 in the fiscal year that began Thursday, down from 18,000 in the 2020 fiscal year, which was a record low. The number was set in a notice sent to Congress late Wednesday, shortly before the statutory deadline to set the new limit. Both numbers are slivers of the 110,000 slots that President Barack Obama approved in 2016. See also World Grows Less Accepting of Migrants.

 

United States closes immigration door to communists in clear swipe at China

SCMP: The United States has released guidance on its immigration laws that will make it almost impossible for members of a Communist party or similar to be granted permanent residence or citizenship of America. The announcement was made in a policy alert issued on Friday by the US Citizen and Immigration Services (USCIS). In a sign Washington is dusting off its Cold War-era legislation, the agency said: “In general, unless otherwise exempt, any intending immigrant who is a member or affiliate of the Communist Party or any other totalitarian party … domestic or foreign, is inadmissible to the United States.”

 

Pence ordered borders closed after CDC experts refused

AP: Vice President Mike Pence in March directed the nation’s top disease control agency to use its emergency powers to effectively seal the U.S. borders, overruling the agency’s scientists who said there was no evidence the action would slow the coronavirus, according to two former health officials. The action has so far caused nearly 150,000 children and adults to be expelled from the country.

 

Judge Blocks USCIS Fee Increases: Here’s Why It Happened

Forbes: On September 29, 2020, U.S. District Judge Jeffrey S. White, in the Northern District of California, enjoined the Department of Homeland Security (DHS), USCIS and officials serving in those agencies “from implementing or enforcing the Final Rule or any portion thereof.” The preliminary injunction is in effect nationwide. Immigrant Legal Resource Center, et al. v. Chad F. Wolf, et al. involved 8 non-profit organizations that provide services to immigrants.

 

Judge Rules Against Trump’s H-1B Visa Ban: President Is Not A Monarch

Forbes: In a closely watched case on the limits of presidential authority over immigration, a federal judge issued a preliminary injunction against the Trump administration’s June 2020 proclamation that suspended the entry of foreign nationals on H-1B, L-1, H-2B and most J-1 temporary visas. U.S. District Judge Jeffrey S. White ruled the president does not possess the power of a monarch to cast aside immigration laws passed by Congress. See also IT stocks rise up to 5% as US judge temporarily blocks ban on H-1B visa.

 

Palantir Admits to Helping ICE Deport Immigrants While Trying to Prove It Doesn’t

Vice: Palantir responded to Amnesty International with a letter of its own—a master class in hair-splitting that hit familiar points, used old arguments that have been dismissed, and accidentally admitted Palantir’s technology is used for deportations.

 

Trump administration puts up billboards of immigration violators in Pennsylvania

CNN: The Trump administration has put up billboards in Pennsylvania of immigration violators, an unprecedented move taken in a swing state a month before the presidential election. The plan targeting “sanctuary cities,” which limit cooperation between local law enforcement and federal immigration authorities, is in step with President Donald Trump’s law-and-order message.

 

ICE preparing targeted arrests in ‘sanctuary cities,’ amplifying president’s campaign theme

WaPo: The Immigration and Customs Enforcement operation, known informally as the “sanctuary op,” could begin in California as soon as later this week. It would then expand to cities including Denver and Philadelphia, according to two of the officials, who spoke on the condition of anonymity to describe sensitive government law enforcement plans.

 

Trump administration wants to screen credit scores, tax returns of immigrants’ U.S. sponsors

Miami Herald: The proposed rule would require those who sponsor a green card for an immigrant to provide — along with the affidavit form — credit reports and credit scores, certified copies of income tax returns for the last three years, and bank account information, U.S. Citizenship and Immigration Services said on Thursday.

 

“The Cruelty Is the Point”: U.S. Still Denying Protection to Severely Ill People With No Legal Status—Despite Announcing Otherwise

Ms.: Remarkably, USCIS announced on September 19, 2019 that deferred action was reinstated by USCIS. Despite the reinstatement, the outcome in deferred action cases we handled or tracked across the country continue to raise concerns.

 

Federal Agency Will Pay $336K in Legal Fees, Ending Immigrant Minors’ Abortion Rights Case

NLJ: After three years of litigation over the Trump administration’s policy of restricting undocumented minors’ access to abortion, the government on Tuesday agreed to change its policy and to pay more than $330,000 in legal fees and costs to the American Civil Liberties Union, which initiated the challenge.

 

New Jersey Doubles Immigrant Legal Representation Budget

DocumentedNY: New Jersey had no such program until last year, until Murphy allocated $3.1 million to hire lawyers. Now, he’s doubled that figure to more than $6 million.

 

NY City Council Announces $28.4 Million for Immigrant Services

City Council: The Council funding includes $3.25 million for the successful program, CUNY Citizenship Now!, which provides free legal services to assist New Yorkers and their families as they navigate the application process to become U.S. citizens. The Council funds also include $16.6 million for the New York Immigrant Family Unity Project (NYIFUP), the nation’s first public defender system to assist detained immigrant facing deportation proceedings. In addition, the City Council designated almost $4 million to fund legal representation services for unaccompanied minors separated from their families and who are facing immigration proceedings.

 

Changes to VAWA and T-Visas: DHS Proposed Rule on Collection of Biometrics

ImmProf: Rather than attempting to reduce fraud, the proposed rule seems designed to intimidate applicants from applying and increase the burden if they decide to do so. This invidious motivation can be seen more clearly in the proposed rule’s seemingly random attempt to change the framework for assessing the Good Moral Character of VAWA and T-visa applicants. Instead of presumptions and letters from respected law enforcement officers, these petitioners would be subject to DNA collection and associated background checks in a determination of their Good Moral Character.

 

LITIGATION/CASELAW/RULES/MEMOS

 

SCOTUS grants cert on asylum credibility case Barr v. Dai

SCOTUSblog: (1) Whether a court of appeals may conclusively presume that an asylum applicant’s testimony is credible and true whenever an immigration judge or the Board of Immigration Appeals adjudicates an application without making an explicit adverse credibility determination; and (2) whether the court of appeals violated the remand rule as set forth in INS v. Ventura when it determined in the first instance that the respondent, Ming Dai, was eligible for asylum and entitled to withholding of removal.

 

District Court Issues Preliminary Injunction Halting Implementation of USCIS Fee Rule

The district court stayed the implementation and the effective date of the August 2020 Final Rule, which changed the fee schedule and required new versions of several forms, in its entirety pending final adjudication of this matter. (ILRC et al., v. Wolf, et al., 9/29/20) AILA Doc. No. 20092990

 

USCIS Issues Update on 2020 Fee Rule Preliminary Injunction

USCIS issued an update stating that while the 2020 Fee Rule is enjoined, it will continue to accept USCIS forms with the current editions and current fees. AILA Doc. No. 20100190

 

District Court Orders DOS to Reserve 9,095 FY2020 Diversity Visa Numbers

The court ordered DOS to reserve 9,095 of the approximately 40,000 unused diversity visa numbers for future processing of both the named plaintiffs’ and class-members’ diversity visa applications, pending final adjudication of the matter. (Gomez, et al., v. Trump, et al., 9/30/20) AILA Doc. No. 20100100

 

District Court Issues Preliminary Injunction Halting Proclamation Suspending Entry of Nonimmigrants

The court granted the motion for preliminary injunction, preventing the government from implementing Section 2 of Presidential Proclamation 10052. Note, injunction only applies to named plaintiff groups. (National Association of Manufacturers et al., v. DHS, et al., 10/1/20) AILA Doc. No. 20100200

 

District Court Says Grant of TPS Constitutes an Admission for Adjustment of Status Purposes and Qualifies as a New Entry

The federal district court in Minnesota held that a grant of Temporary Protected Status (TPS) under INA §244a constitutes an admission for purposes of adjustment of status, and that such an admission qualifies as a new entry. (Hernandez de Gutierrez, et al. v. Barr, et al., 9/28/20) AILA Doc. No. 20092935

 

CA1 Upholds Denial of Asylum to Ecuadorian Petitioner Who Feared Harm from Brother Involved in Narcotics Trafficking

The court held that the record supported the BIA’s and IJ’s conclusion that family ties did not motivate the petitioner’s persecution at the hands of his adopted older brother, even though those ties brought the petitioner into proximity with his persecutor. (Loja-Tene v. Barr, 9/21/20) AILA Doc. No. 20100141

 

CA1 Upholds Asylum Denial to Honduran Petitioner Who Feared Attacks Motivated by His Father’s Gang Affiliation

The court held that the petitioner did not meet his burden of showing that the government of Honduras was unwilling or unable to protect him, where the evidence in the record indicated that the police had investigated the threats and attacks against him. (Gómez-Medina v. Barr, 9/15/20)AILA Doc. No. 20100140

 

CA2 Says Conviction for Third-Degree Criminal Possession of Stolen Property in New York Is an Aggravated Felony

The court upheld the BIA’s determination that the petitioner’s conviction for third-degree criminal possession of stolen property in violation of New York Penal Law §165.50 was an aggravated felony offense under INA §101(a)(43)(G). (Santana v. Barr, 9/18/20) AILA Doc. No. 20100206

 

CA2 Finds Petitioner’s Conviction in New York for Sexual Abuse in the First Degree Was an Aggravated Felony

The court held that the petitioner’s conviction under New York Penal Law §130.65(3) for sexual abuse in the first degree constituted an aggravated felony under INA §101(a)(43)(A). (Rodriguez v. Barr, 9/18/20) AILA Doc. No. 20100142

 

CA3 Finds District Court Lacked Jurisdiction to Review Appellant’s Challenges to the Execution of His Removal Order

Where the appellant had raised two challenges to the execution of his removal order, the court found that he had pursued his claims in the wrong proceeding, and reversed and remanded to the district court with instructions to dismiss for lack of jurisdiction. (Tazu v. Att’y Gen., 9/14/20) AILA Doc. No. 20100209

 

USCIS Issues Policy Guidance on Inadmissibility Based on Membership in a Totalitarian Party

USCIS issued policy guidance to address inadmissibility based on membership in or affiliation with a totalitarian party in the context of adjustment of status applications. The guidance provides an overview of the inadmissibility determination, evidence, burden of proof, exceptions, and waivers. AILA Doc. No. 20100201

 

DOS Provides Information on National Interest Exceptions for Certain Travelers from Europe

DOS announced that certain business travelers, investors, treaty traders, academics, students, and journalists from the Schengen Area, the U.K., and Ireland may qualify for National Interest Exceptions under Presidential Proclamations 9993 (Schengen Area) and 9996 (U.K., Ireland). Updated 10/1/20. AILA Doc. No. 20071733

 

EOIR Launches Immigration Court Online Resource (ICOR) and Pro Bono Portal

EOIR announced the launch of the Immigration Court Online Resource (ICOR), which provides resources on immigration proceedings before EOIR, and the Pro Bono Portal, which allows for the initiation and management of applications to be included in the EOIR List of Pro Bono Legal Service Providers. AILA Doc. No. 20100139

 

RESOURCES

 

 

EVENTS

 

 

ImmProf

 

Monday, October 5, 2020

Sunday, October 4, 2020

Saturday, October 3, 2020

Friday, October 2, 2020

Thursday, October 1, 2020

Wednesday, September 30, 2020

Tuesday, September 29, 2020

Monday, September 28, 2020

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

Wow! Imagine how much time and money could be saved, and problems solved rather than aggravated, by a Government that actually provided due process, honored human rights, promoted equal justice for all, and respected the rule of law and the proper role of courts!

This Fall, vote like your life and the future of humanity depend on ousting Trump and the GOP! Because they do!

PWS

10-06-20

 

SCOFFLAW 🏴‍☠️ REPORT:  Another Federal Judge 👩🏻‍⚖️ Exasperated🤮 By Regime’s Contemptuous Lawlessness! – Census Farce Continues To Play Out!

Tara Bahrampour
Tara Bahrampour
Demographics Reporter
Washington Post

https://www.washingtonpost.com/local/social-issues/in-a-new-ruling-judge-says-census-count-must-continue-through-october/2020/10/02/ecd195aa-04bf-11eb-897d-3a6201d6643f_story.html

 

By Tara Bahrampour @ WashPost:

 

A federal judge has ordered that the 2020 Census count continue until Oct. 31, blocking for now the government’s efforts to complete the survey in time to deliver apportionment data to the president by the end of the year.

 

The ruling late Thursday night by U.S. District Judge Lucy Koh of the Northern District of California follows a tense week in which the government appeared to try to circumvent a preliminary injunction against ending the count early.

 

After a surprise announcement Monday that the bureau was moving the end date by just five days, from Sept. 30 to Oct. 5, plaintiffs in the case asked Koh to provide clarification of her earlier order and other sanctions.

 

Census Bureau announces new ‘target date’ of Oct. 5 to finish 2020 Census count

Rejecting the government’s argument that the request was “an attempt to radically modify the preliminary injunction,” Koh’s new ruling clarified that the end date for collection must revert to Oct. 31, as the bureau had originally planned.

 

It also ordered that on Friday, the government must send text messages to all Census Bureau employees notifying them of the Oct. 31 end date, and that Director Steven Dillingham must file a declaration by Monday that “unequivocally confirms Defendants’ ongoing compliance with the Injunction Order and details the steps Defendants have taken to prevent future violations of the Injunction Order.”

The suit, brought by the National Urban League and a group of counties, cities and others, said a truncated schedule would irreparably harm communities that might be undercounted.

 

On Friday, Kristen Clarke, president and executive director of the Lawyers’ Committee for Civil Rights Under Law, which is arguing the case, said, “Once again, the court has stopped the administration in its tracks.” Noting that some states with significant minority populations still face an undercount, she added, “Much work remains to be done to achieve an accurate census count that satisfies constitutional standards.”

 

The Justice and Commerce departments did not respond to requests for comment.

The government had appealed Koh’s Sep. 24 injunction to the U.S. Court of Appeals for the 9th Circuit, which denied the appeal Tuesday.

 

Appeals judges uphold lower court’s order to continue census count

Nevertheless, Koh found that after her injunction, the government continued to tell employees to wind down operations by Sept. 30, and the Census Bureau’s website, “which is updated daily,” continued for four days after her injunction to say that data collection would end that day.

 

. . . .

 

***********************************`

Read the rest of the article at the link.

 

So, when is Judge Koh going to jail Wilber Ross, his census toadies, Billy the Bigot, and the DOJ lawyers who continue to defend clearly lawless, dishonest, and contemptuous actions in court? Why have corrupt Federal officials and their lawyers become exempt from ethical requirements and, in the case of lawyers, their role as “officers of the court?”

 

PWS

 

10-05-20