PRO PUBLICA: HOW OUR GOVERNMENT HAS CYNICALLY TURNED WHAT SHOULD BE A GENEROUSLY ADMINISTERED, LIFE-SAVING, PROTECTION-GRANTING ASYLUM SYSTEM INTO A “GAME OF CHANCE” WITH POTENTIALLY FATAL CONSEQUENCES FOR THE HAPLESS & VULNERABLE “PLAYERS!” –Play The “Interactive Version” Of “The Game” Here – See If You Would Survive or Perish Playing “Refugee Roulette!”

https://projects.propublica.org/asylum/#how-asylum-works

Years-long wait lists, bewildering legal arguments, an extended stay in detention — you can experience it all in the Waiting Game, a newsgame that simulates the experience of trying to seek asylum in the United States. The game was created by ProPublica, Playmatics and WNYC. Based on the true stories of real asylum-seekers, this interactive portal allows users to follow in the footsteps of five people fleeing persecution and trying to take refuge in America.

The process can be exhausting and feel arbitrary – and as you’ll find in the game, it involves a lot of waiting. Once asylum-seekers reach America, they must condense complex and often traumatic stories into short, digestible narratives they will tell again and again. Their  lives often depend on their ability to convince a judge that they are in danger. Judicial decisions are so inconsistent across the country, success in complicated cases can  come down to geography and luck — in New York City only 17 percent of asylum cases are denied in immigration court; in Atlanta, 94 percent are. Increasingly, many asylum-seekers are held in detention for months or even years while going through the system. The immigration detention system costs more than $2 billion per year to maintain.

The Trump administration has tried to reframe the asylum system as a national security threat and a magnet for illegal immigration. Attorney General Jeff Sessions characterizes the American asylum process as “subject to rampant abuse” and “overloaded with fake claims.” He has aimed recent reforms at expediting asylum adjudications to speed up deportations and at making it more difficult for certain groups to qualify for protection, such as Central Americans who claim to fear gender-based violence or gang persecution.

The narrative that the system is overrun with fraud has long been pushed by groups that favor limiting immigration overall. They point to some 37 percent of asylum-seekers who annually miss their immigration hearings as evidence that people without legitimate fears of persecution game the system. They argue that allowing asylum-seekers to obtain work permits while they wait for a decision on their cases — which sometimes takes years — incentivizes baseless claims.

But another picture emerged when ProPublica spoke with more than 20 experts and stakeholders who study and work in the asylum system, including lawyers, immigration judges, historians, policy experts, an asylum officer, a former border patrol agent and a former ICE prosecutor.

When asked about changes to the system they’d like to see, many suggested providing asylum-seekers with better access to lawyers to support due process, expanding the definition of a refugee to cover modern-day conflicts,providing more resources to help the system process claims in a timely manner, and improving judicial independence by moving immigration courts out of the Department of Justice.

Most acknowledged some level of asylum-claim abuse exists. “In any system, of course, there are going to be some bad actors and some weaknesses people seek to exploit,” said Doris Meissner, the former commissioner of the U.S. Immigration and Naturalization Service from 1993 to 2000.

But they also argued for the importance of protecting and improving a national program that has provided refuge to hundreds of thousands of people. “If you are going to make a mistake in the immigration area, make this mistake,” said Bill Hing, director of the University of San Francisco’s Immigration and Deportation Defense Clinic. “Protect people that may not need protecting, but don’t make the mistake of not protecting people who need it.”

Victor Manjarrez, a former border patrol agent from the 1980s until 2011, said he had seen human smuggling networks exploit the border over the years, but also many people who genuinely needed help.

“We have a system that’s not perfect, but is designed to take refugees. That is the beauty of it,” he said. “It has a lot of issues, but we have something in place that is designed to be compassionate. And that’s why we have such a big political debate about this.”

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Read the narrative and play the interactive “Waiting Game” at the above link!

Getting refuge often depends on getting the right:

  • Border Patrol Agent an Asylum Officer to even get into the system;
  • Lawyer;
  • Local Immigration Court;
  • Immigration Judge;
  • DHS Assistant Chief Counsel;
  • BIA Panel;
  • U.S. Court of Appeals jurisdiction;
  • U.S. Court of Appeals Panel;
  • Luck.

If something goes wrong anywhere along this line, your case could “go South,” even if it’s very meritorious.

I also agree with Professor Hing that given the UNHCR guidance that asylum applicants ought to be given “the benefit of the doubt,” the generous standard for asylum established by the Supremes in INS v. Cardoza-Fonseca and implemented by the BIA in Matter of Mogharrabi, and the often irreversible nature of wrongful removals to persecution, the system should be designed to “error on the side of the applicant.”

Indeed, one of the things that DHS in my experience does well is detecting and prosecuting systemic asylum fraud. While a few individuals probably do get away with tricking the system, most “professional fraudsters” and their clients eventually are caught and brought to justice, most often in criminal court. Most of these are discovered not by “tough laws” or what happens in Immigration Court, but by more normal criminal investigative techniques: undercover agents, tips from informants, and “disgruntled employees or clients” who “blow the whistle” in return for more lenient treatment for themselves.

Hope YOU get protected, not rejected!

PWS

04-23-18

MORE GOOD NEWS FROM PROFESSOR ALBERTO BENITEZ @ GW LAW: Two More Northern Triangle Lives Saved By Asylum Grants in Arlington – Giving Lie To the Trump Administration/Restrictionist Claim That Northern Triangle Refugees Are “Economic Migrants” — No, The Vast Majority Are “Legitimate Refugees” Being Screwed Over By Our Government’s Skewed, Dishonest, Immoral, & Often Illegal Policies

Friends,

Please join me in congratulating GW Immigration Clinic alum Shira Zeman, ’12, who won an asylum grant for a Central American Mom and her 5 year-old son earlier this week.   Please see the attached picture, which I use with permission.  Gang members threatened to kill Mom if she did not allow them to use her son in gang activities. These same gang members murdered one of Mom’s neighbors, a police officer, after he refused to allow a family member to join the gang.  Mom testified for over an hour, after which the ICE trial attorney told the Immigration Judge she did not oppose asylum.  Shira said:  “He’s 5 now, but he had just turned 3 when they tried to ‘recruit’ him so he could be used as a drug mule.”

Intense.  This installation is a must-see.  Being in the ‘hielera,’ and in the ‘desert’ witnessing nighttime arrests by the Border Patrol, was beyond belief.  Visitors were in tears and one fell to her knees.  I read this Washington Post article prior to my visit but I was unprepared for the experience.

https://www.washingtonpost.com/goingoutguide/alejandro-g-inarritus-virtual-reality-voyage-is-dcs-most-intriguing-experience-right-now/2018/04/11/d2714380-3c04-11e8-974f-aacd97698cef_story.html?utm_term=.8f8162e02386

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Alberto Manuel Benitez
Professor of Clinical Law
Director, Immigration Clinic
The George Washington University Law School
650 20th Street, NW
Washington, DC 20052
(202) 994-7463
(202) 994-4946 fax
abenitez@law.gwu.edu
THE WORLD IS YOURS…
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rsz_30728884_941047399353163_8911365904409335560_n.jpg

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Congratulations to Shira Zeman, Esq., of Zeman & Petterson PLLC, Falls Church, VA. I’m awed by the legal accomplishments and lives saved by Shira and her law partner Rachel Petterson! Hard to believe that she’s only six years out of law school!

We hear it all the time from Trump, Sessions, Nielsen, CIS, FAIR, GOP White Nationalist right wingers, right-wing media, and perhaps most disturbingly sometimes officials at EOIR and Immigration Judges. These aren’t “real refugees,” just folks coming here to work.

Nothing could be further from the truth. Make no mistake about it, these are “real refugees” intentionally being given the shaft by our biased and unfair Government and in far too many cases being denied the life-saving protection to which they are entitled under both U.S. and international law!

In my experience, few individuals, particularly women and children, undertake the long, dangerous, and uncertain journey from the Northern Triangle to our Southern Border unless they are forced migrants. Indeed, I found that many of the individuals coming from the Northern Triangle were doing fine economically and would have vastly preferred to stay in their homes, rather than being relegated to sometimes menial “entry-level” jobs even when they are able to be released in the U.S. Successful students sometimes lose credit in U.S. school systems and must “start over again” in lower grades or special programs.

Indeed, perhaps ironically, their success helped make them very visible, distinct, and attractive targets for both persecution by the gangs and sometimes also for extortion and mistreatment by corrupt police and government officials in the Northern Triangle. Others were perceived by the gangs to be actual or potential political leaders in the “anti-gang movement.” Moreover, as gangs increasingly become involved in the political process in the Northern Triangle, opposition to gangs takes on heavy political implications.

No, this case is not an “aberration or an exception.” There are lots of similar or identical “moms and kids” out there from the Northern Triangle fighting every day for their very lives in a system already rigged against them and which Jeff Sessions has pledged to make even more unfair and more “user unfriendly.”

The things that allowed this “mom and child’ to succeed are:

  • Representation by a great lawyer like Shira;
  • Freedom from detention;
  • Adequate time to prepare and document the case;
  • A fair, knowledgeable Immigration Judge not biased against or dismissive of Northern Triangle asylum seekers;
  • An experienced DHS Assistant Chief Counsel committed to a fair application of asylum law and unafraid to recognize when further litigation or appeal would be counterproductive for both the individual and the court system.

An Attorney General truly interested in upholding the rule of law and our Constitution would be working to replicate what happened in this case elsewhere and to look for ways in which refugees like this could be recognized without having to go to a final merits hearing before an Immigration Judge. He or she would also be encouraging others in the Administration to focus on addressing the problems in the Northern Triangle causing this humanitarian migration, instead of focusing solely on fruitless attempts to discourage and deter the vulnerable migrants themselves.

But, that would an Attorney General “OTJS” — “Other Than Jeff Sessions.”

PWS

04-23-18

 

 

 

GOV’S CRUEL IN ABSENTIA HOAX EXPOSED – NEW CLINIC/URBAN JUSTICE CENTER REPORT SHOWS HOW DHS & EOIR INTENTIONALLY USE BROKEN SYSTEM TO CONSTRUCT A “KNOWINGLY FALSE NARRATIVE” THAT ASYLUM SEEKERS SHIRK HEARINGS – Actually, Representation & Other Very Achievable Reforms Would Raise Appearance Rate Close To 100% — Trump Administration Doubles Down On Obama’s Dishonest Due Process Travesty!

“I answered them that it was not Roman practice to hand over an accused person before he has faced his accusers and had the opportunity to defend himself against their charge.”

Acts 25: 16

HERE’S THE REPORT:

Denied-a-Day-in-Court

EXECUTIVE SUMMARY

Starting in the summer of 2014, the United States began experiencing an unprecedented influx of Central American families who were fleeing violence and seeking humanitarian assistance and safety. Most of these families were from El Salvador, Guatemala, and Honduras. In response, the Obama Administration ordered immigration judges to rapidly adjudicate these cases, often at the cost of

due process. Large numbers of families, unable to obtain legal representation and navigate a complex immigration system, were deported by the federal government, often back to the violence they had fled. Essential to the government’s efforts was the use of in absentia removal orders issued to families upon their missing an immigration court hearing.

In response to the unmet legal needs of this population, the Asylum Seeker Advocacy Project
(ASAP) at the Urban Justice Center and the Catholic Legal Immigration Network, Inc. (CLINIC) began representing families ordered removed in absentia. In almost every case, ASAP and CLINIC successfully challenged the underlying in absentia order and reopened the case. Concurrently, through a Freedom of Information Act (FOIA) request, these organizations obtained previously unreleased immigration court data that reveal key metrics regarding legal representation rates and the use of in absentia removals. Client interviews and data from the FOIA together reveal a startling trend—the government ordered the removal of high numbers of unrepresented families through in absentia orders despite many of those families having passed a credible fear interview with an asylum officer.

This report highlights the high rate of unrepresented families, discusses the obstacles families face in attending their hearings, explains how the immigration system fails families seeking asylum, and provides policy recommendations for how the Administration and Congress can address these shortcomings.

The findings in this report are based on an analysis of the FOIA results regarding representation and removal of 29,808 families from July 2014 to November 2016, as well as the results of the 46 cases in which ASAP and CLINIC provided representation. These findings include the following:

• 22,270 asylum applicants, or 75 percent of the 29,808 families who entered the United States between July 2014 and November 2016, did not have legal representation.

• In 24,862 cases, or 83 percent of the 29,808 families, an immigration judge ordered a family removed. Of those ordered removed, in 21,041 cases, or 85 percent, the order was issued in absentia, i.e. the judge entered the order without the presence of a parent in the court room. Thus, immigration judges ordered the families removed without their having presented their claims for asylum or other defenses to removal.

  • ASAP and CLINIC successfully challenged the in absentia orders of 44 of their 46 clients (96 percent), with either an immigration judge or the Board of Immigration Appeals (BIA) agreeing to rescind the in absentia order and reopen the case.
  • Contrary to the narrative that families purposely abscond from immigration court, ASAP and CLINIC’s clients all had legitimate reasons for being unable to attend their hearings, including lack of notice, incorrect government information, serious medical problems, language barriers,
    and severe trauma or disabilities. Importantly, ASAP and CLINIC’s clients represented nationals from El Salvador, Guatemala, and Honduras who had received removal orders from 15 different immigration courts. Most of these families were alerted to their removal orders by prior pro bono counsel who represented them while they were in detention, and who then connected them with ASAP and CLINIC’s services. The other families sought general information about asylum from ASAP and CLINIC, leading them to realize they had missed a hearing. Once families became aware of their in absentia removal orders, they overwhelmingly sought to reopen their cases to seek asylum.
  • ASAP and CLINIC’s high success rate suggests the federal government is deporting large numbers of families without providing them a fair opportunity to plead their cases in immigration court.While ASAP and CLINIC’s data runs through the end of the Obama Administration, in absentia removal orders continue to be issued in immigration courts throughout the country.In order to limit the deportation of families with strong asylum claims and other avenues for immigration relief, the Department of Homeland Security (DHS), the Department of Justice (DOJ), and Congress should implement a variety of legislative and administrative changes that would remedy many of the problems identified in this report. These much-needed changes include improving communication between agencies, providing clearer guidance to families, and updating existing immigration court and enforcement practices.

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This report’s findings certainly match my experience in the Arlington Immigration Court that:

  • The “no-show” rate for represented asylum seekers was pretty close to 0%.
  • More than 95% of “in absentia” orders for juveniles eventually were reopened, usually because of defective notice by DHS and/or EOIR.
  • Almost no unrepresented individuals understood the difference between the “DHS Check-In on Prosperity Avenue” and appearance at the Arlington Immigration Court in Crystal City.  Clearly, it had never been explained to them in understandable fashion upon release from custody.

I also have no doubt that the very achievable recommendations for improvements in this report could be accomplished at a fraction of the cost of today’s cruel, ineffective, policies of militarizing the border, building the “New American Gulag,” prosecuting asylum seekers as criminals, and attempting to curtail important legal and Constitutional rights.

PWS

04-20-18

MULTI-TALENTED TAL @ CNN TAKES US TO THE S. BORDER IN PICTURES & WORDS!

http://www.cnn.com/2018/04/19/politics/secretary-nielsen-dhs-border-fence-wall-immigration/index.html

Snapshots from the US-Mexico border

Updated 6:55 PM ET, Thu April 19, 2018

 Here are Tal’s pictures. For whatever technical reason, you’ll have to go to the original article at the link to get the captions that go with them!
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Wow! As those of you who read “Courtside” on a regular basis know, I’m a HUGE FAN of Tal’s timely, incisive, concise, and highly accessible reporting. I feature it on a regular basis. I’ve also seen her do a great job on TV and video. But, until now, I didn’t know about her skills as a photojournalist. Tal can do it all!
Also, as my colleague Judge and Super-Blogger Jeffrey Chase pointed out in one of his recent comments on this blog, pictures play an essential role in understanding the immigration saga in America.
Been there, done that in my career. Takes me back to the long past days of riding three wheelers, helicopters, Patrol Cars, looking through infrared night scopes, and even accompanying foot patrol during my days in the “Legacy INS General Counsel’s Office.” (Most often on the border south of San Diego.) We actually took the Trial Attorneys and some of the Assistant U.S. Attorneys prosecuting our cases with us to show them what it was really like at the “ground level.”
Actually doesn’t look all that much different decades later. What is painfully clear is that walls, fences, helicopters, detectors, unrealistically harsh and restrictive laws, and more detention centers (the “New American Gulag”) will never, ever “seal” our borders as some immigration hard-liners insist is possible.
At best, we can control, channel, and regulate the flow of migrants, but not halt it entirely. Human migration was taking place long before the U.S. became a nation, and I daresay that it will continue as long as there are humans left on earth. To think that walls, troops, concentration camps, harsh laws, and prisons are going to halt it completely is a mixture of arrogance and ignorance.
So, rather than pouring  more money down the drain on the same “strategies” that have been failing for decades, a “smart” border control policy would involve:
  • More realistic and generous interpretations of our refugee and asylum laws that should include most of those fleeing for their lives from the Northern Triangle;
  • A much larger and more “market based” legal immigration system for permanent and temporary migrants that would meet the legitimate needs of U.S. employers and our economy while making it attractive for most prospective workers and employers to use the legal visa system rather than the “black market” of undocumented entry;
  • A larger and more robust refugee processing program for Northern Triangle refugees so most would be screened and documented outside the U.S.;
  • Cooperation with the UNHCR and other stable countries in the Western Hemisphere to distribute the flow of long-term and temporary refugees in an equitable manner that will help both the refugees and the receiving countries;
  • Working with and investing in Mexico and Northern Triangle countries to address and correct the conditions that create migration flows to the Southern Border.
  • Providing lawyers for asylum applicants who present themselves at the Southern Border so that their claims for protection  (which actually go beyond asylum and include protection under the Convention Against Torture) can be fairly, correctly, and efficiently determined in an orderly manner in accordance with Due Process.

No, it’s unlikely to happen in my lifetime. But, I hope that future generations, including the members of the “New Due Process Army,” will find themselves in a position to abandon past mistakes, and develop the smart, wise, generous, humane, realistic, and effective immigration and refugee policies that we need to keep our “nation of immigrants” viable and vitalized for centuries to come. Until then, we’re probably going to have to watch folks repeat variations of the same painful mistakes over and over.

PWS

04-19-18

HEAR JUDGE A. ASHLEY TABADDOR, PRESIDENT OF THE NAIJ TESTIFY LIVE BEFORE THE SENATE JUDICIARY COMMITTEE ON WEDNESDAY APRIL 18, 2018 ABOUT THE APPALLING STATE OF “JUSTICE” IN OUR UNITED STATES IMMIGRATION COURTS UNDER TRUMP & SESSIONS!

 

From: John Manley [mailto:jmanleylaw@gmail.com]
Sent: Monday, April 16, 2018 12:34 PM
To: AILA Southern California Chapter Distribution List <southca@lists.aila.org>
Subject: [southca] IJ Tabaddor to testify in Congress Wednesday

 

Colleagues,

As currently scheduled, Judge A. Ashley Tabaddor is expected to testify this Wednesday at 2:30PM EST 11:30AM PST.  at a hearing on Strengthening and Reforming America’s Immigration Court System

 

Here is the link to the event, if you want to watch it: https://www.judiciary.senate.gov/meetings/strengthening-and-reforming-americas-immigration-court-system

 

John M. Manley
Attorney at Law
11400 W Olympic Blvd., Suite 200
Los Angeles, CA 90064
Phone:  (310) 597-4590
Fax:      (310) 597-4591
www.johnmanley.net;
email:  jmanleylaw@gmail.com

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PWS

04-16-18

TAL @ CNN: DHS IG TO INVESTIGATE SEPARATION OF FAMILIES

http://www.cnn.com/2018/04/16/politics/dhs-separating-families-ig-investigation/index.html

Watchdog to investigate DHS family separations in immigration custody

By Tal Kopan, CNN

The Department of Homeland Security watchdog will investigate whether the Trump administration is separating families in immigration custody, according to a letter the department’s inspector general sent to the office of Sen. Dick Durbin, D-Illinois.

The inspector general will look into whether the agency is separating the children of asylum seekers from their parents, the letter says.

The review comes after Durbin led a coalition of Democrats in requesting the IG look into the matter after reports that DHS was separating children from their parents in immigration custody. While there have been specific reported incidents, it has been unclear if it is a widespread practice.

Homeland Security Secretary Kirstjen Nielsen testified last week before Congress that the department only separates adults from children in custody “in the interest of the child” — for instance, if there’s a suspicion of possible human trafficking or if they are unable to confirm the child is actually traveling with his or her parents or legal guardians.

She did, however, admit that in the case of a Congolese woman who was separated from her young daughter for months, which has spurred a lawsuit from the American Civil Liberties Union, that the process of verifying they were in fact family “took too long.”

After the lawsuit was filed, that mother and her daughter were reunited and a DNA test did confirm their relationship.

The letter from acting Homeland Security Inspector General John V. Kelly, which was provided to CNN, said his office has determined it will “conduct a review of this matter” and requested a follow-up meeting to discuss it further.

The issue of family units has been a source of difficulty for the department for years. A court ruling has held that children cannot be detained in what are essentially immigration jails for longer than three weeks, and the Obama administration thus issued guidance that family units would be released from custody together.

The Trump administration has decried this court ruling as a “loophole” that allows immigrants who have cleared the initial screening to pursue asylum protections in the US to live in the country for potentially years as their case works its way through the court system.

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Not for the first time, Nielsen appears to be living in a parallel universe from everyone else. That’s why it’s a good idea to have the IG get to the bottom of what’s really happening.

PWS

04-17-18

NOLAN & I PRESENT CONTRASTING VIEWS ON THE SOUTHERN BORDER!

http://thehill.com/opinion/immigration/383305-border-security-weaknesses-more-serious-than-so-called-caravan

Family Pictures

Nolan writes in The Hill:

Despite political spin to the contrary, the border is not secure, and the hearing highlighted problems which are preventing DHS from securing it.

The National Immigration Forum submitted a statement claiming that U.S. border policies have been effective, but that claim was contradicted by testimony from the director of the Texas Department of Public Safety (DPS), Colonel Steven McCraw.

According to McCraw, the federal government did not respond to numerous requests from Texas Governor Greg Abbott to provide the Border Patrol with the resources it needs to secure the border, so Texas has had to provide the necessary assistance at its own expense.

Texas deployed State Troopers, Special Agents, and Texas Rangers to the border to conduct around-the-clock ground, marine, and air operations. Then, three years later, it deployed 500 State Troopers, tactical marine boats, aircraft and detection technology assets, and the Texas National Guard to the border.

But illegal crossings and smuggling continued and crime in the border region continued to rise.

. . . . .

Credible fear determinations have increased from 5,000 in 2009 to 94,000 in 2016, and due apparently to misapplication of asylum law, a credible fear was found in 88 percent of the cases.

Also, the William Wilberforce Trafficking Victims Reauthorization Protection Act (TVPRA) has been used to require placement with the Office of Refugee Resettlement instead of removal proceedings for the 200,000 unaccompanied alien children (UACs) who have come to America from Central America since 2013. But most of them are not trafficking victims.

According to the White House, most UACs fail to appear at their hearings and many who do and are found deportable do not comply with their deportation orders. Only 3.5 percent of them are removed from the U.S.

It is apparent from this testimony that the border is not secure and that the measures being taken to secure it are not likely to be effective.

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Go on over to The Hill at the link to read Nolan’s complete article.

Nolan an I agree on one important point: Jeff Session’s announcement of “Immigration Judge quotas” will not help solve the Immigration Court backlog phenomenon.

However, I wouldn’t assume as Nolan apparently does, that the Texas DPS is a better source of information than the National immigration Forum. Nor, would I make the assumption that an 88% approval rate for credible fear screening represents a “misapplication of the law.” Based on my experience with credible fear reviews in Immigration Court, that number of positive determinations seems perfectly reasonable. Moreover, on the life or death question of asylum, the system should always error on the side of giving the individual a full hearing on a protection claim rather than denying the claim with no day in court.

Now, it’s my turn.

  • According to a 2016 study by the American Immigration Council (“AIC”) using EOIR’s own data, represented children appear for their hearings about 95% of the time. https://www.justice.gov/eoir/file/852516/download
    • As this AIC report points out, most of the reasons for non-appearance relate to defects in the DHS/EOIR notice system. Moreover, even when children understand the system, they are usually dependent on the actions of others like guardians to actually appear in Immigration Court. It’s highly unlikely that many children make an intentional decision not to appear.
    • I was not assigned to the so-called “Priority Juvenile Docket.” But, I did plenty of juvenile cases during my 13-year tenure at the Arlington Immigration Court. In my experience, the overwhelming majority of juveniles appeared as scheduled. When represented, the appearance rate was close to 100% as suggested by the AIC report.
    • Of the minority who didn’t appear, most eventually had their cases reopened based on defective notice or extraordinary circumstances beyond their control.
  • According to a 2016 ABA Study, approximately 73% of represented juveniles achieved some relief in Immigration Court, as opposed to 15% of unrepresented juveniles. https://www.americanbar.org/content/dam/aba/administrative/immigration/uacstatement.authcheckdam.pdf
    • Many of those denied asylum actually had legitimate fears of harm upon return, but did not fit the overly restrictive “refugee” definition developed by the BIA with the apparent purpose of limiting Northern Triangle protection.
    • Juveniles often were able to obtain relief through means other than asylum such as Special Immigrant Juvenile (“SIJ”) status, “U” nonimmigrant status for victims of crime, “T” nonimmigrant status for trafficking victims, and Convention Against Torture (“CAT”) withholding.
  • As these reports suggest, a better approach to Southern Border arrivals would involve:
    • Insuring that counsel represents all asylum applicants.
    • Improving the quality and accuracy of hearing notices served by DHS & EOIR.
    • Expanding the asylum definition to be more generous and to conform to UNHCR interpretations.
    • Allowing all asylum applicants to have an initial non-adversarial application before the Asylum Office to take pressure off of the Immigration Courts.
    • Initiating a realistic legalization program for long-term undocumented residents of the US that would take the majority of the “non-criminal” cases off the Immigration Court docket, thus allowing the Courts to re-establish a reasonable 12-18 month completion cycle for non-detained cases.
    • Re-establishing “in country” refugee processing programs in the Northern Triangle and making them more timely and expansive so as to reduce the pressure to apply for asylum at our Southern Border.
    • Creating other forms of temporary protection for those with legitimate fears of return who fall outside the legal definitions for protection.
    • Working closely with the UNHCR, Mexico, and other Western Hemisphere countries to 1) address the conditions in the Northern Triangle driving the refugee flow, and 2) sharing the distribution of Western Hemisphere refugees equitably.
  • We know for sure from over four decades of consistent failure what DOESN’T WORK:
    • “Militarization” of the border;
    • Increased detention, criminal prosecution, and other ineffective “deterrents;”
    • Reducing or truncating rights of asylum seekers;
    • Endless “reprioritization” of Immigration Court dockets.
  • Yet, these are the very types of failed programs that the Trump Administration is mindlessly pushing.
  • Why not try something smart and humane, rather than repeating past expensive, ineffective, and inhumane mistakes over and over?

 

PWS

04-16-18

 

 

 

 

WASHPOST: SEN DIANNE FEINSTEIN (D-CA) HITS A “HOME RUN” WITH OP-ED — NO, RIGHTS OF CHILD ASYLUM SEEKERS ARE NOT “LOOPHOLES” IN OUR IMMIGRATION LAWS! — What’s Happened To Our Common Sense & Humanity?

https://www.washingtonpost.com/opinions/protecting-defenseless-children-is-not-an-immigration-loophole/2018/04/13/11bf9012-3e64-11e8-a7d1-e4efec6389f0_story.html?utm_term=.8c9ed9210908

Sen. Feinstein writes:

Dianne Feinstein, a Democrat, represents California in the U.S. Senate.

I remember watching the nightly television news in the 1990s and seeing a 15-year-old Chinese girl trembling before a U.S. immigration judge. Despite having committed no crime, she was shackled and sobbing. She couldn’t speak English, and it was clear she had no understanding of what the judge was saying or what would happen to her.

Her parents had sent her to the United States in the cargo hold of a container ship because she had been born in violation of China’s rigid family-planning laws — and was therefore denied citizenship, access to health care and education.

By the time the girl appeared before the immigration judge, she had already been detained for eight months. Even more shocking: After she was granted political asylum, she was detained for four more months before she was released.

This situation would not be allowed to occur today because Congress has enacted laws to provide basic humanitarian protections to unaccompanied immigrant children.

The Trump administration recently reignited its attacks on these protections, with the president going so far as to call laws that protect helpless children “loopholes.

The administration says these laws prevent immigrant children from being removed from the country, when in fact the goal is to ensure that these children are detained for as little time as possible and only in an appropriate setting, they receive adequate food and water, and that they are given the opportunity to apply for asylum.

Under these laws, each child has a right to make their case before a trained asylum officer. If the hearing demonstrates the need for protection by admission to the United States, we’re obligated to provide it. And in cases where a child does not qualify for asylum or other forms of relief, they’re returned safely to their home country.

I know the intent of these laws because I authored two of them. They are not loopholes.

It’s important to understand why Congress acted to thus ensure basic human dignity for children.

The story of the Chinese girl I saw on television was not unique — mistreatment of child immigrants was widespread. Another young girl who fled China was detained in a facility that also held minors who had been convicted of murder and rape. Despite never having violated criminal law or been accused of a crime, she was routinely handcuffed and strip-searched.

A young boy who fled Colombia after being targeted for recruitment by Revolutionary Armed Forces of Colombia guerrillas was held in the same detention facility for six months.

Children as young as 4 were held in secure prisons, isolated and forced to wear prison uniforms and shackles. Some were even placed in solitary confinement, even though they weren’t accused of any crime.

These stories, which were detailed by Human Rights Watch, illustrate decades of government mistreatment of children, and they were the genesis of laws Congress passed to guarantee minimum requirements for treating children humanely.

A key first step toward reform came in 1997, after years of litigation over treatment of unaccompanied minors, with a settlement called the Flores agreement. Among its provisions were requirements that the government release detained children to an adult as soon as possible, hold children who can’t be released in appropriate facilities and ensure that all facilities meet humane standard

Three years later, I introduced the Unaccompanied Alien Child Protection Act and was able to get portions of the bill included in the Homeland Security Act of 2002 and the Trafficking Victims Protection Reauthorization Act of 2008.

The two laws, combined with the Flores agreement, are intended to ensure children don’t fall through the cracks of a system that processes thousands of them each year.

They require that children under 18 be placed in the least restrictive setting that is in their best interests. Rather than holding children in detention facilities that also hold adults or criminal juvenile offenders, preference is given to releasing them to family members or appropriate sponsors, such as a family friend.

Such placements ensure that children aren’t held in indefinite detention pending resolution of their cases, which can sometimes take years. They also mean that taxpayers aren’t paying for that detention.

These aren’t loopholes, they are basic principles of common human decency. And to demonize and politicize these children is appalling.

Contrary to the picture painted by this administration, current policies don’t guarantee a child will be able to remain in the United States. Nor do these policies mean dangerous individuals are being released onto our streets.

The Trump administration’s efforts to repeal protections for children are based on an ignorance of history. The only effect of repeal would be more children held in unsafe conditions at exorbitant costs to the taxpayer.

I will oppose any efforts to change these laws, and I call upon my colleagues in Congress to join me in resisting efforts to roll back protections for immigrant children.

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Of all the depraved xenophobic, White Nationalist, racist ravings of Trump, Sessions, Homan, Neilsen, Kelly, Miller, Goodlatte, Cotton,  and other GOP restrictionists, the war on defenseless children has to be the most totally despicable! Most of these kids are fleeing genuine dangers in their home countries. The real problem is that the US has intentionally, for political reasons, twisted refugee law so as to not recognize their legitimate status as refugees and asylees.

As someone said at an Asylum Conference I recently attended, the BIA must be the only 15 so-called “asylum experts” in the world who don’t recognize that those fleeing gang recruitment in the Northern Triangle fit squarely within the “particular social group” classification for asylum protection.

Even if they weren’t a direct fit, these children qualify for relief under the Convention Against Torture or should be given another type of humanitarian relief such as TPS or Deferred Enforced Departure. Screening them for background and rapidly admitting them into the U.S. in some status would prevent them from becoming part of the current politically created  Immigration Court “backlog,” actually caused primarily by gross mismanagement, intentionally skewed anti-asylum legal interpretations, and political manipulation by this and past Administrations.

Of course the US could absorb them all, and prosper by doing so! Indeed, we’ve absorbed approximately 11 million individuals outside the system who have largely been a boon to our economy and our society. The real problem here is the White Nationalists who deny the reality of human migration and the inevitability of changing demographics, not the migrants themselves.

PWS

04-14-18

 

 

HUFFPOST: ICE DETAINS NJ TEACHER WHO FACES DEATH SENTENCE IN EGYPT FOR PRO-DEMOCRACY ACTIVISM!

https://www.huffingtonpost.com/entry/new-jersey-teacher-detained-egypt-death-sentence_us_5acfdbbee4b077c89ce6cd4f

Rowaida Abdelaziz reports for HuffPost

Ahmed Abdelbasit, a New Jersey teacher who faces a death sentence in Egypt for his pro-democracy activism, was detained last week outside his Jersey City apartment by U.S. Immigration and Customs Enforcement. Three days later, a notice came in the mail saying his asylum case had been transferred to an immigration court.

On that Thursday morning, seven plainclothes ICE officers demanded that Abdelbasit get into an unmarked car. Confused, the physics teacher complied, all while frantically texting his friends and co-workers to let them he would not be in class that day at a private Islamic school in Union City.

HuffPost has learned that Abdelbasit, 33, was taken to a detention center in Elizabeth, New Jersey, where he was forced to turn over his belongings and was given an orange jumpsuit to wear. Abdelbasit has been held there ever since.

ICE confirmed to HuffPost that he is being held at Elizabeth Detention Center on administrative immigration violations. ICE would not elaborate on what those violations were.

It was only after Abdelbasit was detained did his lawyer learn that his asylum case was transferred to immigration court in a notice that arrived three days after Abdelbasit’s arrest, HuffPost has learned, leaving the teacher and his lawyer with more questions than answers.

“It’s not clear why they would feel the need to detain somebody who has no criminal record in the United States, who has been living a very law-abiding life here and has been doing everything correctly,” Anwen Hughes, Abdelbasit’s lawyer and the deputy legal director at Human Rights First, told HuffPost. “It’s very unclear why this happened. What we’re trying to find out at the moment is what the actual basis is for this.”

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Read the complete report at the link.

Based on the information in the report, it’s not obvious why ICE would choose to detain this individual. But, of course, we don’t know all of the facts at this point.

 

PWS

04-13-18

HON. ROBERT VINIKOOR TELLS US EXACTLY WHY QUOTAS ARE A TOXIC IDEA FOR US IMMIGRATION COURTS — One Of the “Best Ever” Tells It Like It Is!

https://www.mmhpc.com/2018/04/take-it-from-a-former-judge-quotas-for-immigration-judges-are-a-bad-idea/

Judge (Ret.) Vinikoor writes:

Take it from a former judge: Quotas for Immigration Judges are a Bad Idea.

 

On March 30th, the U.S. Department of Justice and Attorney General Sessions announced that Immigration Judges will now be subject to case completion quotas. This unprecedented change will be effective October 1, 2018, and starting then, immigration judges will be subject to performance reviews (tied to job security and raises) that focus on meaningless numbers and disregards due process.  As a recently retired immigration judge, I believe this decision is short sighted and not fair to judges, or to the parties that appear in court on either side (government or immigrant and their families), or to our legal system.

Attorney General Sessions says that the current back log in immigration courts is a primary reason for this entirely new quota system; however, I know from experience that quotas will not reduce backlog and will in fact increase our current backlog problems. About 15 years ago, former Attorney General John Ashcroft attempted to reduce backlogs at the Board of Immigration Appeals (the court that hears all the appeals from immigration judges’ decisions).  Ashcroft eliminated the Board’s authority to review de novo (or, review as if hearing the case for the first time) decisions of the Immigration Judges with regard to findings of fact and determination of an immigrant respondent’s credibility.  As a result, the Board began issuing summary two page decisions, with little or no legal analysis.  Those shortened decisions did reduce the amount of time cases were pending before the Board of Immigration Appeals, but had the opposite effect on the actual backlog of immigration cases as thousands of petitions for review were filed throughout the country with the Courts of Appeal.  Given the increase in the number of filings and the decrease in the thoroughness of the decision, the Courts of Appeal became extremely hostile to the quality, professionalism and final agency work product of the immigration court judges and particularly the Board.  Many cases were remanded, or sent back to immigration judges, for new hearings based on perceived mistakes at the trial level or at the Board, resulting in further delays in court processing times and the issuance of final decisions.

Attorney General Sessions would do well to learn from his predecessor’s mistake. Sessions’ mandate that the judges decide cases “faster” and more “efficiently” ignores the fact that the immigration court judges are currently rendering decisions in a timely manner.  However, immigration judges must also follow the constraints of due process, which means giving both sides an opportunity to present their case and then for the judge to fully consider the applicable law and issue a thoughtful decision.  A system that evaluates immigration judge performance based on how fast they can complete cases will certainly undermine the quality and thoroughness of decisions.  Current law and our legal system requires full and fair hearings, followed by a well-reasoned decision that is consistent with the facts and relevant law.  An immigration judge should be evaluated based on quality not quantity.  Moreover, quotas will likely produce hastily-made decisions and result in grave errors.  As we have seen before, poor decisions will directly result in more appeals to the Board of Immigration Appeals and the Courts of Appeal, causing more delays and running contrary to the goals of the Attorney General.

An equally troubling consequence of the case completion requirement is the possibility of a judge’s decision being influenced by factors outside the facts of the case. For example, the court is asked for a continuance in many cases to await action or decision by the U.S. Citizenship and Immigration Services (USCIS) on pending applications.  Such applications are “u” visas for crime victims, I-601A waivers for unlawful presence, I-130 visa petitions for family members of residents or citizens, or I-751 applications for certain individuals married to US citizens.  By law, immigration judges cannot make a decision on these applications; USCIS has sole jurisdiction to make those decisions. To date, case law supports judges granting continuances, when it makes sense, in circumstances like these.  However, under the new quota system, a judge could be influenced to deny a request for a continuance he or she otherwise would have reasonably granted, solely because of his concern about his completion numbers and keeping his job. That is not justice; it seems more like an assembly line.  Similarly, in some cases a continuance may be necessary because of the need for additional evidence or because of a witness’s unavailability. But now, a judge will be hesitant to grant such a continuance if she is concerned about his completion numbers, salary, or job security.

Additionally, an arbitrary case completion number of 700 ignores the wide disparity of cases appearing before the immigration courts. Unrepresented cases at the border or cases in detention often are completed in expedited fashion where little or no relief is sought.  However, in many of the interior courts, such as in Chicago where I was a judge, most applicants are represented, present multiple witnesses including experts, and submit sophisticated legal arguments requiring extended trial time.  These interior courts complete far less merit cases than at the border, yet the decisions often involve more complex legal issues.  To provide context, I’d guess that judges in the interior, working the same hours and pace as judges on the border, probably complete 400 or 500 cases per year.  To average the nationwide completion rate completely ignores the wide disparity of decision complexity required in different parts of the country.

Finally, the new quotas are an affront to due process and our legal system. Immigration judges are required by law and the Constitution’s Fifth Amendment to exercise due process in all cases, considering all the facts of case.  Judges currently do this and issue decisions in an expeditious manner as soon as possible; judges do not purposefully stall cases.  Putting artificial pressure on judges to complete cases more quickly is wrong; Attorney General Sessions is essentially asking the judges to short cut or violate due process, by disregarding thoroughness, fairness, and litigants’ opportunity to be heard, and abandon current law-abiding procedures for case adjudication.

In short, I believe the administration’s plan to impose numeric quotas on immigration judges will not speed up “deportations” if this is their goal, and may result in unforeseen consequences that actual delay the fair hearing process that presently exists.

Judge Vinikoor joined the law firm of Minsky, McCormick & Hallagan, P.C., in 2017 after serving over 30 years as an Immigration Judge.

Judge Vinikoor was appointed as an Immigration Judge in January 1984. During his long tenure on the immigration bench, Judge Vinikoor has authored numerous precedent deciding cases covering topics such as crimes involving moral turpitude, aggravated felony offenses, frauds committed at time of entry and/or adjustment and claims to U.S. citizenship. Judge Vinikoor’s decisions helped define the age limitations for K-4 beneficiaries seeking adjustment of status, the use of Section 245(i) to waive inadmissibility, and the scope of numerous discretionary waivers. A number of published opinions have addressed Judge Vinikoor’s expert analysis in cases involving burden of proof, marriage fraud, and Section 216(c)(4) evidence. During the past 30 years Judge Vinikoor has heard evidence in asylum cases from around the world. His decisions have led to a better understanding of the scope and evidence needed to qualify as a “refugee” under the Immigration and Nationality Act. Upon his retirement from the bench, he was the second most senior Immigration Judge in the country.

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

Prior to his retirement in 2017, my good friend and colleague Judge Bob Vinikoor was one of the most widely respected, indeed revered, U.S. Immigration Judges. Indeed, at the time of his retirement, he was #2 in seniority among all U.S. Immigration Judges.

He was widely known for his fairness, scholarship, kindness, practical wisdom, humor, and ability to “move” a docket while respecting everyone’s rights. In a rational judicial system, those in charge would be looking for a way to “clone” someone like Judge Vinikoor and use his knowledge and skills to teach and mentor younger judges, rather than letting him pass into retirement.

In the “Age of Trump & Sessions” — with a blatant effort underway to “dumb down” the U.S. Immigration Judiciary and reduce it to an assembly line operation — it’s highly unlikely that there will be more Judge Vinikoors. That’s a huge loss for everyone, but particularly for the cause of justice in America and for those who depend on the Immigration Court system to deliver potentially life saving Due Process and fairness!

PWS

04-12-18

 

FORMER NAIJ PRESIDENT JUDGE DANA LEIGH MARKS SPEAKS OUT AGAINST JUDICIAL QUOTAS! — “The measure of a good judge is his or her fairness, not the number of cases he or she can do in a day.” – This Seems Obvious – So Why Is “Gonzo Apocalypto” Sessions Being Allowed to Run Roughshod Over Justice In Our U.S. Immigration Courts?

http://fortune.com/2018/04/09/immigration-judge-quotas-department-of-justice/

Judge Marks writes in Fortune:

Immigration judges are the trial-level judges who make the life-changing decisions of whether or not non-citizens are allowed to remain in the United States. They are facing a virtual mountain of cases: almost 700,000 for about 335 judges in the United States. The work is hard. The law is complicated. The stories people share in court are frequently traumatic and emotions are high because the stakes are so dire. Because these are considered civil cases, people are not provided attorneys and must pay for one, find a volunteer, or represent themselves.

In a move that the Department of Justice claims is intended to reduce this crushing backlog, the DOJ is moving forward with a plan to require judges to meet production quotas and case completion deadlines to be rated as satisfactory in order to keep their jobs. This misguided approach will have the opposite effect.

One cannot measure due process by numbers. The primary job of an immigration judge is to decide each case on its own merits in a fair and impartial way. That is the essence of due process and the oath of office we take. Time metrics simply have no place in that equation. Quality measurements are reasonable, and immigration judge performance should be evaluated, but by judicial standards, which are transparent to the public and expressly prohibit quantitative measures of performance. The imposition of quotas and deadlines forces a judge to choose between providing due process and pushing cases to closure without considering all the necessary evidence.

If quotas and deadlines are applied, judicial time and energy will be diverted to documenting our performance, rather than deciding cases. We become bean-counting employees instead of fair and impartial judges. Our job security will be based on whether or not we meet these unrealistic quotas and our decisions will be subjected to suspicion as to whether any actions we take, such as denying a continuance or excluding a witness, are legally sound or motivated to meet a quota. Under judicial canons of ethics, no judge should hear a case in which he or she has a financial interest. By tying the very livelihood of a judge to how quickly a case is pushed through the system, you have violated the fundamental rule of ensuring an impartial decision maker is presiding over the case.

These measures will undermine the public’s faith in the fairness of our courts, leading to a huge increase in legal challenges that will flood the federal courts. Instead of helping, these doubts will create crippling delays in our already overburdened courts. If history has taught us any lessons, it is that similar attempts to streamline have ultimately resulted in an increase in the backlog of cases.

The unacceptable backlogs at our courts are due to decades of inadequate funding for the courts and politically motivated interference with docket management. The shifting political priorities of various administrations have turned our courts into dog and pony shows for each administration, focusing the court’s scant resources on the cases ‘du jour,’—e.g., children or recent border crossers—instead of cases that were ripe for adjudication.

The solution to the delays that plague our courts is not to scapegoat judges. The solution is two-part: more resources and structural reform. We need even more judges and staff than Congress has provided. Additionally, the immigration courts must be taken out of the Department of Justice, as the mission of an independent and neutral court is incompatible with the role of a law enforcement agency. This latest, misguided decision to impose quotas and performance metrics makes that conclusion clear and highlights the urgent need for structural reform. The measure of a good judge is his or her fairness, not the number of cases he or she can do in a day.

Dana Leigh Marks is president emeritus of the National Association of Immigration Judges and has been a full-time immigration judge in San Francisco since 1987. The views expressed here do not necessarily represent the official position of the United States Department of Justice, the Attorney General, or the Executive Office for Immigration Review. The views represent the author’s personal opinions, which were formed after extensive consultation with the membership of NAIJ.

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For those of you who don’t know her, my friend and colleague Dana is not just “any” U.S. Immigration Judge. In addition to her outstanding service as a Immigration Judge and as the President of the NAIJ, as a young attorney, then known as Dana Marks Keener, she successfully argued for the respondent in the landmark Supreme Court case INS v. Cardoza-Fonseca, 480 U.S. 421 (1987).

That case for the first time established the generous “well-founded fear” standard for asylum seekers over the objections of the U.S. Government which had argued for a higher “more likely than not” standard. Ironically, it is exactly that generous treatment for asylum seekers mandated by the Supreme Court, which has taken more than four decades to come anywhere close to fruition, that Sessions is aiming to unravel with his mean-spirited White Nationalist inspired restrictionist agenda at the DOJ.

Interestingly, I was in Court listening to the oral argument in Cardoza because as the then Acting General Counsel of the “Legacy INS” I had assisted the Solicitor General’s Office in formulating the “losing” arguments in favor of the INS position that day.

Due Process Forever! Jeff Sessions Never! Join the New Due Process Army and stand up against the White Nationalist restrictionist attack on America and our Constitution!

PWS

04-11-18

DIANNE SOLIS @ DALLAS MORNING NEWS DETAILS GONZO’S ALL-OUT ASSAULT ON INDEPENDENCE OF U.S.IMMIGRATION JUDGES AND DUE PROCESS IN OUR IMMIGRATION COURTS –“Due process isn’t making widgets,” Schmidt said. “Compare this to what happens in regular courts. No other court system operates this way. Yet the issues in immigration court are life and death,” he said, referring to asylum cases.”

https://www.dallasnews.com/news/immigration/2018/04/10/immigration-judges-attorneys-worry-sessions-quotas-will-cut-justice-clogged-court-system

Dianne writes:

“A case takes nearly 900 days to make its way through the backlogged immigration courts of Texas. The national average is about 700 days in a system sagging with nearly 700,000 cases.

A new edict from President Donald Trump’s administration orders judges of the immigration courts to speed it up.

Now the pushback begins.

Quotas planned for the nation’s 334 immigration judges will just make the backlog worse by increasing appeals and questions about due process, says Ashley Tabaddor, Los Angeles-based president of the National Association of Immigration Judges.

Quotas of 700 cases a year, first reported by The Wall Street Journal, were laid out in a performance plan memo by U.S. Attorney General Jeff Sessions. They go into effect October 1.

Some have even called the slowdown from the backlog “de facto amnesty.”

“We believe it is absolutely inconsistent to apply quotas and deadlines on judges who are supposed to exercise independent decision-making authority,” Tabaddor said.

“The parties that appear before the courts will be wondering if the judge is issuing the decision because she is trying to meet a deadline or quota or is she really applying her impartial adjudicative powers,” she added.

. . . .

Faster decision-making could cut the backlog, but it also has many worried about fairness.

The pressure for speed means immigrants would have to move quickly to find an attorney. Without an attorney, the likelihood of deportation increases. Nationally, about 58 percent of immigrants are represented by attorneys, according to Syracuse’s research center. But in Texas, only about a third of the immigrants have legal representation.

Paul Schmidt, a retired immigration judge who served as chairman of the Board of Immigration Appeals for immigration courts for six years, says he saw decisions rendered quickly and without proper legal analysis, leaving it necessary for many cases to be sent back to the immigration court for what he called “a redo.”

“Due process isn’t making widgets,” Schmidt said. “Compare this to what happens in regular courts. No other court system operates this way. Yet the issues in immigration court are life and death,” he said, referring to asylum cases.

Schmidt said there are good judges who take time with cases, which is often needed in asylum pleas from immigrants from countries at war or known for persecution of certain groups.

But he also said there were “some not-very-good judges” with high productivity.

Ramping up the production line, Schmidt said, will waste time.

“You will end up with more do-overs. Some people are going to be railroaded out of the country without fairness and due process,” Schmidt said.

. . . .

“It doesn’t make any sense to squeeze them,” said Huyen Pham, a professor at Texas A&M University School of Law in Fort Worth. “When you see a lot more enforcement, it means the immigration court will see a lot more people coming through.”

Lawyers and law school professors say the faster pace of deportation proceedings by the U.S. Immigration and Customs Enforcement spells more trouble ahead. Immigration courts don’t have electronic filing processes for most of the system. Many judges must share the same clerk.

For decades, the nation’s immigration courts have served as a lynchpin in a complex system now under intense scrutiny. Immigration has become a signature issue for the Trump administration.

Five years ago, the backlog was about 344,000 cases — about half today’s amount. It grew, in part, with a rise in Central Americans coming across the border in the past few years. Most were given the opportunity to argue before an immigration judge about why they should stay in the U.S.

This isn’t the first time the judges have faced an administration that wants them to change priorities. President Barack Obama ordered that the cases of Central American unaccompanied children to be moved to the top of docket.

“Our dockets have been used as a political tool regardless of which administration is in power and this constant docket reshuffling, constant reprioritization of cases has only increased the backlog,” Tabaddor said.

The quota edict was followed by a memo to federal prosecutors in the criminal courts with jurisdiction over border areas to issue more misdemeanor charges against immigrants entering the country unlawfully. Sessions’ memo instructs prosecutors “to the extent practicable” to issue the misdemeanor charges for improper entry. On Wednesday, Sessions is scheduled to be in Las Cruces, New Mexico, to speak on immigration enforcement at a border sheriffs’ meeting.

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Judge Ashley Tabaddor, President of the National Association of Immigration Judges (“NAIJ” — for the record, I’m a retired member of the NAIJ) hits the nail on the head. This is about denying immigrants their statutory and Constitutional rights while the Administration engages in “Aimless Docket Reshuffling” (“ADR”) an egregious political abuse that I have been railing against ever since I retired in 2016.

Judge Tabaddor’s words are worth repeating:

“Our dockets have been used as a political tool regardless of which administration is in power and this constant docket reshuffling, constant reprioritization of cases has only increased the backlog,” Tabaddor said.

In plain terms this is fraud, waste, and abuse that Sessions and the DOJ are attempting to “cover up” by dishonestly attempting to “shift the blame” to immigrants, attorneys, and Immigration Judges who in fact are the victims of Session’s unethical behavior. If judges “pedaling faster” were the solution to the backlog (which it isn’t) that would mean that the current backlog was caused by Immigration Judges not working very hard, combined with attorneys and immigrants manipulating the system. Sessions has made various versions of this totally bogus claim to cover up his own “malicious incompetence.”

Indeed, by stripping Immigration Judges of authority effectively to manage their dockets; encouraging mindless enforcement by DHS; terminating DACA without any real basis; insulting and making life more difficult for attorneys trying to do their jobs of representing respondents; attacking legal assistance programs for unrepresented migrants; opening more “kangaroo courts” in locations where immigrants are abused in detention to get them to abandon their claims for relief; threatening established forms of protection (which in fact could be used to grant more cases at the Asylum Office and by stipulation — a much more sane and legal way of reducing dockets); canceling “ready to hear” cases that then are then “orbited” to the end of the docket to send Immigration Judges to detention courts where the judges sometimes did not have enough to do and the cases often weren’t ready for fair hearings; denying Immigration Judges the out of court time necessary to properly prepare cases and write decisions; and failing to emphasize the importance of quality and due process in appellate decision-making at the BIA, Sessions is contributing to and accelerating the breakdown of justice and due process in the U.S. Immigration Courts.

PWS

04-11-18

 

 

GONZO’S WORLD: LATEST DUE PROCESS OUTRAGE: ATTACK ON LEGAL RIGHTS PROGRAM IN IMMIGRATION COURT — Dumping On The Most Vulnerable & Those Trying To Help Them Is A Gonzo Specialty! — “This is a blatant attempt by the administration to strip detained immigrants of even the pretense of due-process rights,” said Mary Meg McCarthy, executive director of the National Immigrant Justice Center, one of the organizations that offers the legal services with Vera.

https://www.washingtonpost.com/local/immigration/justice-dept-to-halt-legal-advice-program-for-immigrants-in-detention/2018/04/10/40b668aa-3cfc-11e8-974f-aacd97698cef_story.html?utm_term=.c604b3ff4532

Maria Sacchetti reports for the Washington Post:

The U.S. immigration courts will temporarily halt a program that offers legal assistance to detained foreign nationals facing deportation while it audits the program’s cost-effectiveness, a federal official said Tuesday.

Officials informed the Vera Institute of Justice that starting this month it will pause the nonprofit’s Legal Orientation Program, which last year held information sessions for 53,000 immigrants in more than a dozen states, including California and Texas.

The federal government will also evaluate Vera’s “help desk,” which offers tips to non-detained immigrants facing deportation proceedings in the Chicago, Miami, New York, Los Angeles and San Antonio courts.

The Executive Office for Immigration Review, which runs the Justice Department’s immigration courts, said the government wants to “conduct efficiency reviews which have not taken place in six years.” An immigration court official, who spoke on the condition of anonymity because the audit has not been formally announced, said the review will examine the cost-effectiveness of the federally funded programs and whether they duplicate efforts within the court system. He noted, for example, that immigration judges are already required to inform immigrants of their rights before a hearing, including their right to find a lawyer at their own expense.

But advocates said the programs administered by Vera and a network of 18 other nonprofits are a legal lifeline for undocumented immigrants.

“This is a blatant attempt by the administration to strip detained immigrants of even the pretense of due-process rights,” said Mary Meg McCarthy, executive director of the National Immigrant Justice Center, one of the organizations that offers the legal services with Vera.

In a statement, the Vera Institute said a 2012 study by the Justice Department concluded that the program was “a cost-effective and efficient way to promote due process” that saved the government nearly $18 million over one year.

The Trump administration has also clashed with the Vera Institute over whether its subcontractors were informing undocumented immigrant girls in Department of Health and Human Services custody about their right to an abortion. The issue was later resolved.

The Justice Department is ramping up efforts to cut an immigration court backlog of 650,000 cases in half by 2020. Attorney General Jeff Sessions last week imposed production quotas on immigration judges to spur them to clear cases more quickly.

Immigration courts are separate from U.S. criminal courts, where defendants are entitled to a government-appointed lawyer if they cannot pay for their own legal counsel.

The Vera Institute said approximately 8 in 10 detainees in immigration court face a government prosecutor without a lawyer.

The Executive Office for Immigration Review says on its website that it launched the legal-aid program in 2003, during the administration of George W. Bush, to orient immigrants so that court ­proceedings would move more quickly.

“Experience has shown that the LOP has had positive effects on the immigration court process: detained individuals make wiser, more informed, decisions and are more likely to obtain representation; non-profit organizations reach a wider audience of people with minimal resources; and, cases are more likely to be completed faster, resulting in fewer court hearings and less time spent in detention,” the agency’s website says.

The help desk answers questions and provides similar information to immigrants who are not detained but are facing deportation.

Maria Sacchetti covers immigration for The Washington Post. She previously reported for the Boston Globe.

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The idea expressed by an “anonymous” DOJ official that the brief, often rote “in court” warnings given by Immigration Judges in open court can take the place of a “Know Your Rights” session being conducted in advance, out of court by Vera is preposterous.  The “average” initial hearing or “Master Calendar” takes fewer than 10 minutes.  My former Arlington Immigration Court colleague Judge Lawrence O. Burman was once “clocked” by a reporter at seven minutes per case, and he is probably more thorough than most Immigration Judges. Moreover, with Immigration Judges being pressured to churn out more final orders of removal faster, required warnings are just one of the aspects of Due Process that are likely to be truncated as Sessions’s “haste makes waste” initiative continues to destroy even the appearance of justice in our U.S. Immigration Courts.

In other words this totally bogus “audit” couldn’t come at a worse time for the beleaguered Immigration Judges of the U.S. Immigration Courts and particularly the often defenseless immigrants who come before them seeking (but far too often not finding) the justice supposedly “guaranteed” to them by our Constitution.

In my long experience, “Know Your Rights” presentations, which often allowed individuals to assess their cases and retain lawyers before their first Immigration Court appearance were one of the best “bang for the buck” programs ever undertaken by EOIR. Immigration Judges relied heavily on them to “keep the line moving” without denying due process.

Sessions methodically is stripping U.S. Immigration Judges of the tools that allow them to do their jobs fairly and efficiently: administrative closing, continuances, ability to control their own court schedules, time and resources to do research and write opinions, and now the assistance of the “Know Your Rights” Programs.

Harm to the most vulnerable among us is harm to all. Jeff “Gonzo Apocalypto” Sessions is a coward who consistently uses bogus narratives and specious reasons to pick on the most vulnerable in our legal system. Join the New Due Process Army and stand up to Gonzo and his anti-American, anti-Constitutional, anti-human agenda! Today, Gonzo is eliminating immigrants’ rights. Tomorrow it will be YOUR RIGHTS. Who will stand up for YOU if you remain silent while the weak and dispossessed are attacked by Gonzo and his ilk!

PWS

04-11-18

 

 

DON’T BELIEVE ANY OF THE “CROCODILE TEARS” BEING SHED BY TRUMP & HIS ADMINISTRATION ABOUT THE LATEST ASSAD ATROCITY IN SYRIA – THE ADMINISTRATION’S INHUMANE POLICIES HELP KILL SYRIAN REFUGEES IN AND OUT OF CAMPS ON A REGULAR BASIS – Bombs & Bluster Will Never Replace Humanitarian Assistance & Robust Refugee Resettlement

https://www.motherjones.com/politics/2018/01/there-are-more-than-5-million-syrian-refugees-the-trump-administration-has-admitted-2-of-them/

There Are More Than 5 Million Syrian Refugees. The Trump Administration Has Admitted 2 of Them.

State Department data shows that many nations’ refugees are still effectively banned.

Women from Syria walk with their children in a refugee camp in Cyprus in September.Petros Karadjias/AP

The United Nations estimates that there are 5.5 million Syrian refugees. In the past three months, the United States has allowed two of them to enter the country—down from about 3,600 in the last three months of the Obama administration.

After kicking off his presidency by temporarily banning refugees, Donald Trump lifted the ban in late October. But at the same time, he increased scrutiny of refugees from 11 countries, requiring that they be admitted only if doing so fulfills “critical foreign policy interests.” Refugee advocates said that the language would effectively ban refugees from a group of mostly Muslim-majority nations. Data from the State Department’s Refugee Processing Center reviewed by Mother Jones confirms their prediction.

The United States has taken in 44 refugees from the targeted countries since Trump issued his executive order, compared to about 12,000 during the same period last year. The countries are Egypt, Iran, Iraq, Libya, Mali, North Korea, Somalia, South Sudan, Sudan, Syria, and Yemen.

The heightened vetting of people from those countries has driven down the total number of Muslim refugees coming to the United States. About 550 Muslim refugees have been admitted to the United States since the executive order. More than 11,000 arrived during the same period last year. The share of admitted refugees who are Muslim has dropped from 48 percent at the end of the Obama administration to 11 percent in recent months.

Under Trump’s October executive order, the Department of Homeland Security (DHS) would conduct a 90-day “in-depth threat assessment of each [targeted] country.” During that period, DHS said in a memo to Trump, it would only take refugees from the 11 countries “whose admission is deemed to be in the national interest and poses no threat to the security or welfare of the United States.”

The 90-day mark passed last week. But Sean Piazza, a spokesman for the International Rescue Committee (IRC), a refugee resettlement agency, says the organization has not received any updates about the status of the temporary review now that the 90-day period has passed. It is unclear if it is still in effect, and DHS did not respond to a request for comment. DHS’ October memo stated that refugee admissions from the targeted countries are likely to “occur at a slower pace” beyond the 90-day deadline.

The Trump administration has tried to undermine support for accepting refugees by casting them as an economic burden. In September, the New York Times reported that White House officials had killed a draft report from the Department of Health and Human Services that found that refugees have increased government revenue by $63 billion over the past decade. The report that was ultimately published had a different calculus, documenting how much it costs to provide services to refugees but not how much they pay in taxes.

Overall, the United States in on track to resettle about 21,000 refugees this year, according to the IRC. That would be fewer than in any year since at least 1980—including 2002, when refugee admissions plummeted in the wake of 9/11. It is also less than half of the annual 45,000-refugee cap that the Trump administration set in September, which was the lowest cap ever. Historically, the United States has been considered a world leader in resettling refugees.

Before Trump assumed the presidency, it already took up to two years for refugees to be vetted and resettled, not including the time people spent fleeing their country for refugee camps. Henrike Dessaules, the communications director at the International Refugee Assistance Project, says the group has had clients who “were ready to travel, that had their medical checks, security checks, and interviews done.” Instead, “they have been completely stalled in the process,” she says.*

In 2016, the Obama administration placed its refugee limit at 85,000 people and used all but five of those slots. This year’s drop comes even though there were about 22.5 million refugees across the world in 2016, more than at any time since the United Nations’ refugee agency was founded in 1950.

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https://www.cnn.com/2018/02/06/middleeast/syria-refugees-lebanon-winter-intl/index.html

Syrian refugees escape the war, but die from the cold

Refugees freeze to death in Lebanon 02:48

Editor’s Note: This story contains extremely graphic images of dead and wounded people.

Bekaa Valley, Lebanon (CNN) — The rocky, plowed hillside is scattered with clues of what happened that January night. A woman’s scarf. A diaper. Empty cans of tuna fish. A plastic bag of sugar. An empty box of Turkish chocolate biscuits. A single cheap Syrian-made woman’s shoe. Several white, mud-spattered rubber gloves.
It was here, last month, that 17 Syrians froze to death in a night-time snowstorm while trying to cross the mountains into Lebanon.
Three-year-old Sarah is one of the few who survived. She now lies in a bed in the Bekaa Hospital in nearby Zahleh, two intravenous tubes taped to her small right arm. Frostbite left a large dark scab on her forehead. A thick bandage covers her right cheek. Another bandage is wound around her head to cover her frostbitten right ear.
Sarah doesn’t speak. She doesn’t make a sound. Her brown eyes dart around the room — curious, perhaps confused. Her father, Mishaan al Abed, sits by her bed, trying to distract her with his cell phone.

Sarah, 3, suffers from frostbite after smugglers abandoned her and her family as they were crossing into Lebanon.

No one has told Sarah that her mother Manal, her five-year-old sister Hiba, her grandmother, her aunt and two cousins died on the mountain.
“Sometimes she says, ‘I want to eat.’ That’s all,” Abed says. Sarah hasn’t mentioned anything about her ordeal, and he is hesitant to ask her.

An unfortunate reunion

Until now, Sarah hadn’t seen her father for two and a half years. He left Syria for Lebanon and found work as a house painter, leaving his family behind.
Mishaan al Abed sent money back to his wife and kids, who stayed outside the town of Abu Kamal, on the Syrian-Iraqi border.
ISIS controlled Abu Kamal from the summer of 2014 until last November, when it was retaken by Syrian government forces. Fighting still rages in the countryside around it, where Al Abed’s family lived.
After their house was damaged, Abed’s brother and his family, along with Abed’s wife and two children, fled to Damascus. There they paid $4,000 — a fortune for a poor family — to a Syrian lawyer who they were told had the right connections with the army, intelligence and smugglers.
The plan was for them to be driven to the border in private cars on military-only roads. From there, says Abed, they were to walk with the smugglers for half an hour into Lebanon, where they would be met by other cars.
The plan started to fall apart when snow began to fall. The smugglers abandoned the group. The family lost their way and became separated. In the dark and the cold, most of them died. It’s not clear how Sarah and a few others survived.
The only thing that is clear, says hospital director Dr. Antoine Cortas, is that “it is a miracle Sarah is still alive.”
Hidden by the darkness and the snow was a house just a few hundred steps down the mountain.

In January, a group of Syrians froze to death trying to cross into Lebanon during a snowstorm.

Abed was expecting his family to cross over, but became concerned when he didn’t hear from them. “I was told the army had arrested people trying to cross into Lebanon. I thought it must be them. Then the intelligence services sent me a picture. I identified her as my wife.”
He opens the picture on his cell phone. It shows a lifeless woman curled up on the snow amidst thorn bushes, a red woolen cap on her head.

A struggle to cross over, a struggle to remain

More than a million Syrians have taken refuge in Lebanon, straining the resources of a country with a population of around six million. The Lebanese authorities have, to some extent, turned a blind eye to those entering the country illegally. But they have refused to allow relief groups to establish proper refugee camps, unlike Jordan and Turkey, for fear they will become permanent.
What pass for camps — officially called “informal tented settlements” — are ramshackle affairs. Syrians typically pay $100 to a landowner to build drafty, uninsulated breezeblock shelters with flimsy plastic tarpaulins as roofs.
Abu Farhan, a man in his sixties from Hama, in central Syria, lives in one of those shelters in a muddy camp outside the town of Rait, just a few kilometers from the Syrian border. His wife Fatima is ill. She is huddled next to a kerosene stove under a pile of blankets. Between coughing fits, she moans loudly. Farhan has had to borrow more than two million Lebanese pounds — around $1,300 — for her medical treatment.

Denied proper refugee camps, many Syrian refugees live in informal tented settlements.

Illness is just one of the perils here. Vermin, he says, is another. “There’s everything here,” he chuckles bitterly, “even things I’ve never seen before. Rats. Mice. Everything!”
The dilemma that Syrians in Lebanon face is glaringly clear. They’re not welcome here, and it’s difficult to scrape by. According to a recent report by the Norwegian Refugee Council, 71% of Syrian refugees in Lebanon live in poverty.

Point of no return

Some Syrians have returned home, but many, like Abu Musa, a man in his forties who lives in the same settlement as Farhan, insist that returning would be nothing short of suicidal. He comes from Maarat al-Numan, in Idlib province, where Syrian forces, backed by Russian warplanes, are waging an offensive against government opponents.
“Of course, I’d like to go back to Syria!” Musa exclaims, gesturing around his damp, cold hut as if that were reason enough to return home. “But Syria isn’t safe. They’re fighting in my town. My house has been destroyed.”
And thus, Syrians continue to try to make their way to Lebanon, despite the very real risks.

Over 70% of Lebanon&#39;s 1 million Syrian refugees live in poverty

“The people who are walking across the mountains, and taking days to cross the mountains in the middle of winter, are a testament to the fact that Syria is not safe,” said Mike Bruce of the Norwegian Refugee Council.
“Until Syria is safe, until there is a lasting peace, people should not be going back to Syria.”

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With the election of the staunchly anti-American, White Nationalist, xenophobic, religiously bigoted Trump Administration, the United States forfeited any claim to moral leadership and humanitarianism on the world stage. Our anti-refugee policies also harm our allies in the region by forcing them to bear the entire responsibility for sheltering refugees.

Only the electoral removal of this truly un-American Administration and its GOP fellow travelers from power will allow us to begin the healing process. Selfishness and inhumanity are not policies — they are diseases that will consume us all if we don’t exercise our Constitutional and political rights by voting to remove the toxic leaders spreading them!

PWS

04-10-18

HON. JEFFREY CHASE: Sessions’s Quotas Attack Fairness, Due Process, Undermine U.S. Immigration Court System!

https://www.jeffreyschase.com/blog/2018/4/7/eoir-imposes-completion-quotas-on-ijs

EOIR Imposes Completion Quotas on IJs

Ten years ago, the U.S. Court of Appeals for the Third Circuit decided Hashmi v. Att’y Gen. of the U.S.1  The case involved a request to continue a removal proceeding which the Department of Homeland Security did not oppose.  The respondent was married to a U.S. citizen; he would become eligible to adjust his status in immigration court once the visa petition she had filed on his behalf was approved by DHS.  However, the approval was delayed for reasons beyond the respondent’s control. One of those reasons was that a part of the respondent’s DHS file was needed by both the office in Cherry Hill, NJ adjudicating the visa petition and the DHS attorney in Newark prosecuting the removal case.

The immigration judge decided that he could wait no longer.  Noting that the pendency of the case had exceeded the agency’s stated case completion goals, the judge denied the continuance and ordered the respondent deported.  The U.S. Court of Appeals for the Third Circuit reversed, holding that “to reach a decision about whether to grant or deny a motion for a continuance based solely on case-completion goals, with no regard for the circumstances of the case itself, is impermissibly arbitrary.”

In response to Hashmi, the BIA issued a precedent decision stating that unopposed motions of that type should generally be granted.2  In subsequent decisions, the BIA provided further guidance in allowing IJs to make reasonable determinations to continue such cases,3 and to administratively close proceedings where it would further justice (as in Hashmi, where the need for the DHS file to be in two places at once was preventing the case from proceeding).4

In subjecting immigration judges to strict, metrics-based reviews last week, EOIR’s director, James McHenry, may pressure immigration judges into taking the types of actions barred by Hashmi.  Under the newly-announced metrics, individual judges may run the risk of disciplinary action for granting reasonable requests for continuance, or for other delays necessary for reaching a fair result.  The combined actions of McHenry (who prior to being promoted to the position of agency director had worked for EOIR for approximately 6 months as an administrative law judge with OCAHO, the only component of EOIR that doesn’t deal with immigration law or the immigration courts), and Attorney General Jeff Sessions in recently certifying four BIA decisions to himself, could erase the above positive case law developments of the past decade, and replace them with an incentive for rushed decisions that do not afford adequate safeguards to non-citizens facing deportation.

Allowing reasonable continuances for the parties to obtain counsel,  present evidence, and formulate legal theories, or to allow other agencies to adjudicate applications impacting eligibility, is an essential part of affording justice.  Judges also need to fully understand the legal arguments presented. When an issue arises in the course of a hearing, it is not uncommon for a judge to ask the parties for briefs, and for the judge to then conduct his or her own legal research before deciding the matter.  A detailed decision is also necessary to allow for meaningful review on appeal. However, all of this takes time, and the performance of individual judges will be found to be unsatisfactory or in need of improvement if they complete less than 700 cases per year, complete less than 95 percent of cases at their first merits hearing, or have 15 percent of their cases remanded on appeal.

Some recently reported actions by immigration judges in the name of expediency are troubling.  Last Sunday’s episode of Last Week Tonight with John Oliver (for which my colleague Carol King and I served as subject-matter sources) featured a credible-fear review hearing by an immigration judge that lasted one minute and 43 seconds in its entirety (and was probably doubled in length by the need for an interpreter).  The judge asked the unrepresented respondent a total of two questions before reaching this decision: “Well, the government of the United States doesn’t afford you protection for this type of reason. I affirm the Asylum Officer’s decision.” It’s not clear how the judge could have been confident in such conclusion.  The respondent was detained and had not yet had an opportunity to consult with counsel. Her claim was only sketched in the broadest outline; upon further development by an attorney, it may well have fallen into the “type of reason” for which asylum may be granted. Her credibility was never doubted; in fact, the program reported that she was assaulted at gunpoint by the man she fled after she was deported to her country.

In another case arising in the Ninth Circuit, C.J.L.G. v. Sessions,5 an immigration judge told the mother of a child in removal proceedings who was unable to retain counsel that she could represent her son, and proceeded with the child’s asylum hearing.  Of course, the mother was not qualified for the task. Although the son had been threatened with death for resisting gang recruitment efforts, he was denied asylum in a hearing in which many critical questions that could have helped develop a nexus between his fear and a legally protected ground for asylum were never asked.  This occurred because the judge did not feel that he could grant another continuance to provide the respondent an additional opportunity to retain counsel.

All of the above-described actions by IJs occurred prior to last week’s announcement by the EOIR director.  Should judges struggling to meet the benchmarks feel their job security to be at risk, will actions such as those described above become the norm?

As previously mentioned, the Attorney General certified four decisions of the BIA to himself shortly before the director’s announcement of the new metrics.  In one of those cases, Matter of E-F-H-L-,6 Sessions vacated a 2014 BIA precedent decision requiring immigration judges to provide asylum applicants a full hearing on their claim.  In another, Matter of A-B-,7 Sessions chose a case in which the BIA twice reversed an immigration judge’s denial of asylum to a victim of domestic violence, and on certification has made the case a referendum on whether victims of private criminal activity may constitute a particular social group for asylum purposes.

Should Sessions decide this issue in the negative, the two decisions taken together may allow for the type of quick denials of the “Government…doesn’t afford you protection for this type of reason” variety discussed above.  Fair-minded judges who will continue to hold full hearings and consider legal arguments in favor of granting relief may find it more difficult to meet all of the above benchmarks.

Copyright 2018 Jeffrey S. Chase.  All rights reserved.

Notes:

  1. 531 F.3d 256 (3d Cir. 2008)
  2. Matter of Hashmi, 24 I&N Dec. 785 (BIA 2009).
  3. See Matter of Rajah, 25 I&N Dec. 127 (BIA 2009) (concerning continuances due to pending employment-based visa petitions) ; Matter of C-B-, 25 I&N Dec. 888 (BIA 2012) (requiring reasonable and realistic continuances to obtain counsel); Matter of Montiel, 26 I&N Dec. 555 (BIA 2015) (allowing delaying proceedings for adjudication of criminal appeals).
  4. See Matter of Avetisyan, 25 I&N Dec. 688 (BIA 2012); Matter of W-Y-U-, 27 I&N Dec. 17 (BIA 2017).
  5. No. 16-73801 (9th Cir. Jan. 29, 2018); Pet. for rehearing and rehearing en banc pending.
  6. 27 I&N Dec. 226 (A.G. March 5, 2018)
  7. 27 I&N Dec. 227 (A.G. March 7, 2018)

 

 

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Jeffrey S. Chase is an immigration lawyer in New York City.  Jeffrey is a former Immigration Judge, senior legal advisor at the Board of Immigration Appeals, and volunteer staff attorney at Human Rights First.  He is a past recipient of AILA’s annual Pro Bono Award, and previously chaired AILA’s Asylum Reform Task Force.

Reprinted By Permission

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There’s not much question that the real purpose of the “quotas” is to put pressure on thoughtful, due process oriented, careful Immigration Judges who grant asylum and other relief to “get with the program” and deny, deny, deny to “get along” in a xenophobic Administration. The “kangaroo court” proceeding highlighted by John Oliver and Jeffrey is symptomatic of the significant anti-asylum bias permeating the Immigration Court system. Rather than appropriately addressing it with an emphasis on fairness, quality, and insuring representation for asylum applicants, Sessions is pushing an already badly broken system to do maximum injustice!

PWS

04-09-18