immigrationcourtside.com

⚖️🌟🗽NDPA SUPERSTARS, PRACTICAL EXPERT PROFESSORS LINDSAY M. HARRIS AND SARAH R. SHERMAN-STOKES SCORE BIDEN ADMINISTRATION’S CONTINUED RELIANCE ON BOGUS 🏴‍☠️ TRUMP-ERA, WHITE NATIONALIST COVID-19 RESTRICTIONS TO RETURN REFUGEES TO DANGER & DEATH @ SOUTHERN BORDER!☠️🤮⚰️

https://apple.news/A9hXjuI8xTQ6Zle8aVf4Dgg

Lindsay and Sarah write in USA Today:

. . . .

However, despite advice from public health experts and condemnation by UNHCR, expulsions under Title 42 continue and the human cost has been devastating. Though refugees come from countries all over the world, the Department of Homeland Security expels them to Mexico, just on the other side of the border.

Reports by Human Rights First document the terrifying realities they face once there: kidnappings, violence, sexual assault, extortion and even murder in border towns where criminal gangs and cartels prey on recently expelled children and families. Just this spring, a 4-year-old Honduran boy and his asylum-seeking mother were kidnapped in Nuevo Laredo immediately after they were expelled under Title 42.

Expulsions don’t just impact migrants from Mexico and Central America. Despite the recent designation of temporary protected status for Haitian migrants within the United States, the Biden administration has sent plane after plane of asylum-seeking families back to Haiti, with some Haitians being expelled to Mexico. The UndocuBlack Network and the Haitian Bridge Alliance, for example, document a Haitian woman expelled to Mexico with her three-day-old baby, where she will face extreme anti-Black discrimination and be at risk of violence and homelessness.

Just the start: Biden will no longer detain migrants at two county jails. That’s good but not enough.

Public health has often been used as a pretext for restrictionist immigration policies. Beginning as early as 1793, when Haitians were blamed for bringing yellow fever to Philadelphia, nativism and xenophobia have long merged with concerns about public health to exclude immigrants and refugees. These concerns were not justified by science then, and they certainly are not justified now.

. . . .

Lindsay M. Harris (@Prof_LMHarris) is associate professor and director of the Immigration and Human Rights Clinic at the University of the District of Columbia’s Law School. Sarah Sherman-Stokes (@sshermanstokes) is clinical associate professor and associate director of the Immigrants’ Rights and Human Trafficking Program at Boston University School of Law.

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

Read the rest of the USA Today op-ed at the link!

Thanks, my friends, for speaking out about the continuing outrages perpetrated by the Biden Administration at our Southern Border. So many, many “practical experts” out here in the “real world,” like Lindsay and Sarah, who would be heads and shoulders above current immigration “leadership” at DHS, DOJ, and EOIR and who would bring “real, qualified, expert judging” to the BIA and the Immigration Courts.

The Biden Administration’s failure to actively recruit, attract, and promptly bring on board the “best and the brightest” that American law has to offer for these critical jobs (which do NOT require Senate confirmation) is a disgrace! Betcha Stephen Miller could tell them how to do it! But, curiously, the Biden Immigration Team seems to think that alienating the best progressive minds in the business, the folks who helped them get elected and can fix their immigration problems, is smart politics and great public policy! Go figure!

Suspending the rule of law and international treaty obligations is never “OK” and it’s not something to be “studied.” “Gee whiz, should we comply with the law or continue to violate it; should we continue to send people to possible kidnapping, rape, torture, extortion, and/or death with no process or should we give them fair hearings; should we continue unqualified Trump hacks in key positions and keep defending illegal policies or should we hire qualified experts from the NDPA to restore and promote due process?” These are the “questions” that folks like Garland, Mayorkas, and their “spear carriers” are being paid to “study” while innocent humans are daily being abused and dying in the “real world” that these Biden Cabinet officers appear to have absented themselves from? Gimme a break!

We need an end to the deadly nonsense at DHS, DOJ, and EOIR NOW! Keep the outrage, the op-eds, the law suits, and the exposure and documenting of Mayorkas’s and Garland’s illegal, immoral, and incompetent actions coming until we get change and our Government delivers on the Constitutionally-required promise of due process, equal protection, and racial justice for all persons!

🇺🇸⚖️🗽Due Process Forever! The Garland/Mayorkas “Miller Lite Nonsense” at the border, never!

PWS

06-04-21

🗽⚖️🇺🇸LEE GELERNT @ ACLU SAYS BIDEN ADMINISTRATION “cannot farm out the asylum system.” Yet, That Appears To Be Largely What They Are Doing Under New, Previously Unpublicized Program!

https://apnews.com/article/only-on-ap-united-nations-donald-trump-immigration-health-98d4da6cb6f2999787c3fcd3579de695?utm_source=Sailthru&utm_medium=email&utm_campaign=June4_MorningWire&utm_term=Morning%20Wire%20Subscribers

Elliott Spagat
Reporter
Associated Press

Elliot Spagot and Julie Watson report for AP:

SAN DIEGO (AP) — The Biden administration has quietly tasked six humanitarian groups with recommending which migrants should be allowed to stay in the U.S. instead of being rapidly expelled from the country under federal pandemic-related powers that block people from seeking asylum.

The groups will determine who is most vulnerable in Mexico, and their criteria has not been made public. It comes as large numbers of people are crossing the southern border and as the government faces intensifying pressure to lift the public health powers instituted by former President Donald Trump and kept in place by President Joe Biden during the coronavirus pandemic.

Several members of the consortium spoke to The Associated Press about the criteria and provided details of the system that have not been previously reported. The government is aiming to admit to the country up to 250 asylum-seekers a day who are referred by the groups and is agreeing to that system only until July 31. By then, the consortium hopes the Biden administration will have lifted the public health rules, though the government has not committed to that.

So far, a total of nearly 800 asylum-seekers have been let in since May 3, and members of the consortium say there is already more demand than they can meet.

The groups have not been publicly identified except for the International Rescue Committee, a global relief organization. The others are London-based Save the Children; two U.S.-based organizations, HIAS and Kids in Need of Defense; and two Mexico-based organizations, Asylum Access and the Institute for Women in Migration, according to two people with direct knowledge who spoke on condition of anonymity because the information was not intended for public release.

Asylum Access, which provides services to people seeing asylum in Mexico, characterized its role as minimal.

The effort started in El Paso, Texas, and is expanding to Nogales, Arizona.

A similar but separate mechanism led by the American Civil Liberties Union began in late March and allows 35 families a day into the United States at places along the border. It has no end date.

The twin tracks are described by participating organizations as an imperfect transition from so-called Title 42 authority, named for a section of an obscure 1944 public health law that Trump used in March 2020 to effectively end asylum at the Mexican border. With COVID-19 vaccination rates rising, Biden is finding it increasingly difficult to justify the expulsions on public health grounds and faces demands to end it from the U.N. refugee agency and members of his own party and administration.

. . . .

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

Read the full article at the link.

Well, I’ll give them this. “Farming out” the asylum system to these NGO experts is better than the Trump approach. The Trump regime “outsourced” the American asylum system to Mexico, El Salvador, Honduras, and Guatemala.

The common denominators among those countries is that the are all notorious for human rights abuses, corrupt government, dysfunctional legal systems, and lack of any semblance of a fair, functioning asylum adjudication system. Additionally, all are major senders of asylum seekers to America.

But, the Biden Administration’s “under the counter” approach is still fundamentally wrong! It’s yet another “haste makes waste gimmick” that lacks transparency, clear standards, accountability, and most of all, operates outside of any legal framework!

That’s a recipe for arbitrariness, abuse, and unfairness. Even if the system were to produce decent results, the lack of transparency robs it of credibility. It’s therefore likely to be attacked by both advocates and restrictionists while being panned in the press — a self-created “worst case” scenario of the type Dem Administrations seem to specialize in when it comes to immigration and human rights!

The solution here is to do what many of us have been recommending since the day the election results became final. That is, bring in outside experts to USCIS to lead and revitalize the Asylum Officer screening program and bring in real judges, largely from the outside, — progressive practical experts in asylum law committed to human rights and due process — to EOIR to establish legitimate precedents and insure fair, humane, and uniform treatment of asylum seekers.

It’s possible, indeed probable, that the U.S. representatives of some of the NGOs involved would be among the best experts to do this — leading human rights authorities like Mark Hatfield at HIAS, Wendy Young at KIND, and Wendy Wylegala, also of KIND are obvious choices.

So, put them and other practical experts like Professor Karen Musalo (Center for Gender & Refugee Studies), Eleanor Acer (Human Rights First), Professor Stephen Legomsky (former USCIS Chief Counsel), Associate Dean Jaya Ramji Nogales (Temple Law), Judge Ilyce Shugall (Round Table), Dean Kevin Johnson (UC Davis), Michelle Mendez (CLINIC), Professor Lenni Benson (Safe Passage Project), Professor Ingrid Eagly (UCLA Law), Laura Lynch (NILC), Professor Stephen Yale Loehr (Cornell Law), Jason Dzubow (The Asylumist), Professor Debi Anker (Harvard Law), Professor Michele Pistone (VIISTA/Villanova Law), and others like them on the payroll at USCIS and EOIR and let them fix the asylum system!

Experts like this could, if properly empowered, in relatively short order, establish a system that is legal, constitutional, fair, generous, humane, practical, efficient, and that complies with all of our international obligations. In other words, a “model system” that would serve the best interests of humanity and our nation!

The current opaque, chaotic, arbitrary mess at our Southern Border (essentially the Biden Administration’s version of “Hunger Games”) serves nobody’s interests excepts cartels and smugglers. It’s also likely to kill record numbers of asylum seekers unless fixed, NOW! https://www.washingtonpost.com/national-security/summer-migrant-deaths-southern-border/2021/06/03/a03d7bb8-c3a6-11eb-8c34-f8095f2dc445_story.html

Bringing in the experts seems like an outstanding, “no brainer” alternative to the godawful, dysfunctional, disgraceful mess that the Trump kakistocracy left at USCIS and EOIR, much of which continues to ramble on, further off the rails all the time, under Mayorkas and Garland. The Biden Administration can’t, and won’t, get the job done on asylum and racial justice without radical, yet logical and badly needed, personnel and leadership changes at USCIS and EOIR!

🇺🇸🗽⚖️🧑🏽‍⚖️Due Process Forever!

PWS

06-04-21

😎WIN ONE, LOSE ONE☹️: 9TH CIR. ANNIHILATES MATTER OF ARMENDAREZ-MENDEZ (SUA SPONTE REOPENING), WHILE 11TH CIR. WOODENLY ENDORSES 👎🏻 MATTER OF L-E-A- (NEXUS)!☠️⚰️

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/ca9-on-departure-bar-sua-sponte-reopening-balerio-rubalcaba-v-garland#

CA9 on Departure Bar, Sua Sponte Reopening: Balerio Rubalcaba v. Garland

Balerio Rubalcaba v. Garland

“This case presents the question whether the departure bar limits an IJ’s ability to reopen immigration proceedings sua sponte. We have jurisdiction to review questions of law under 8 U.S.C. § 1252(a)(2)(D), and we conclude that the departure bar does not apply in the context of sua sponte reopening. That is, an IJ’s discretion to reopen a case on his or her own motion is not limited by the fact that a noncitizen has previously been removed or has departed from the United States. Therefore, we grant the petition for review.”

[Hats off to Elsa Martinez!]

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

https://media.ca11.uscourts.gov/opinions/pub/files/201915091.pdf

KELLY SANCHEZ-CASTRO,

versus

U.S. ATTORNEY GENERAL,

________________________

Petition for Review of a Decision of the Board of Immigration Appeals _______________________

(June 1, 2021)

Petitioner,

Respondent.

Before WILLIAM PRYOR, Chief Judge, LUCK and ED CARNES, Circuit Judges.

WILLIAM PRYOR, Chief Judge:

Kelly Sanchez-Castro, a native of El Salvador, petitions for our review after

she unsuccessfully sought relief from removal because a gang targeted her family based on the assumption that her father’s work in the United States made it

USCA11 Case: 19-15091 Date Filed: 06/01/2021 Page: 2 of 15

wealthy. The Board of Immigration Appeals denied her applications for asylum, withholding of removal, and protection under the Convention Against Torture, and substantial evidence supports its decision. Sanchez-Castro is ineligible for asylum and withholding of removal because the gang that targeted her family did so only as a means to the end of obtaining funds, not because of any animus against her family. And she is ineligible for protection under the Convention Against Torture because she has not established that any harm she will suffer if returned to her home country will come with at least the acquiescence of a government official. We deny Sanchez-Castro’s petition for review.

. . . .

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

Woman Tortured — “Tough noogies, Baby! Chief Judge Pryor and his all-male, all White ivory tower panel don’t see any nexus here! So, suffer and die, Baby, suffer and die!” “She struggled madly in the torturing Ray”
Amazing StoriesArtist Unknown, Public domain, via Wikimedia Commons

To reach its incorrect and life-threatening endorsement of the BIA’s misconstruction of the nexus requirements (throwing out the normal rules of causation to achieve an anti-asylum-seeker result) the 11th Circuit panel eschewed a much better and more intellectually honest approach by the 4th Circuit in Hernandez-Avalos v. Lynch, 784 F.3d 944, 950 (4th Cir. 2015).

Notwithstanding Chief Judge Pryor’s cavalier attitude about sending Ms. Castro-Sanchez back to possible death or dismemberment at the hands of gangs who operate with relative impunity in El Salvador, these are not “academic exercises.” They are serious life or death matters involving bad law produced by a (non) “court” (the BIA) controlled by a law enforcement official (the Attorney General) that is not comprised of judges who are recognized experts in asylum and immigration laws and has over recent history construed the law against immigrants at almost every opportunity!

These two cases show the difference between this panel of the 9th Circuit that takes judicial review and what’s at stake seriously and the “indifferent to humanity” rubber-stamp approach applied by the 11th Circuit panel. We need better judges, progressives with expertise in due process, human rights, immigration, and racial justice at every level of our Federal Judiciary — from the Immigration Courts to the Supremes! Circuits like the 5th and the 11th with long and disgraceful records of relative indifference to the rights and lives of migrants, mostly those of color, are long, long overdue for infusion of better qualified progressive “practical scholars” and advocates.

That makes the progressive outrage over Garland’s totally inappropriate “giveaway” of Immigration Judge positions he controls to Barr-selected, non progressive, candidates who applied under a flawed recruitment process designed to discourage diversity and exclude the best qualified expert candidates from the private sector, along with his failure to address skewed anti-asylum-seeker precedents like L-E-A- and A-B– all the more understandable! It also makes changes that will put more expert, progressive, due-process oriented judges who have experience representing individuals in court all the more urgent!

Cases like this wouldn’t get into the “Article III Life or Death Lottery” if Garland had dealt promptly and properly with L-E-A-, A-B-, and other Trump-era, anti-asylum, anti-migrant, anti-due-process, misogynist precedents!

Judge Merrick Garland — Attorney General Merrick B. Garland — His failure to institute long-overdue and obvious progressive due process reforms @ EOIR is costing Kelly Castro-Sanchez and other vulnerable refugee women their lives while enraging their advocates! It’s not an “academic exercise,” as Garland seems to think. There are real life consequences and irreparable harm from his failure to take due process, human rights, and racial justice seriously @ EOIR!
Official White House Photo
Public Realm

🇺🇸⚖️🗽🧑🏽‍⚖️Due Process Forever! Tell the Biden Administration that we need progressives, not more “regressives,” on the Federal Bench, starting with the Immigration Courts! End abusive judging by a non-diverse Federal Judiciary!

PWS

06-04-21

🏴‍☠️🤮👎🏻☠️ARBITRARY, CAPRICIOUS, ILLEGAL, INHUMANE, DEADLY ⚰️ DEFINES BIDEN ADMINISTRATION’S SOUTHERN BORDER POLICY! — Gross Failure To Stand Up For Constitution, Rule Of Law, Human Dignity!

Biden Border Message — “Border Message”
By Steve Sack
Reproduced under license

NBC News Reports from the “Law Free Zone” (“LFZ”) established by Biden Administration at the Southern Border:

https://apple.news/A355LpPmARmKZtO-iBa6C7A

Under Biden, crossing the U.S. border has become like a lottery. Timing is everything.

“Sometimes I ask myself why they [let me stay] and they deported others,” said a 20-year-old Nicaraguan man. “And I give thanks to God.”

by Julia Ainsley, Didi Martinez and Kenzi Abou-Sabe | NBC NEWS

Julia Edwards Ainsley
Investigative Reporter, NBC News

. . . .

“We will see more deaths. And that’s the sad truth for us,” Copp said.

Immigration advocates also believe uncertainty surrounding the Title 42 policy is driving many migrants to take more dangerous routes to avoid being apprehended all together.

“The Biden administration’s retention of Title 42 and refusal to open the legal ports of entry is having the perverse effect of forcing desperate asylum seekers fleeing danger to cross between the ports, which is to nobody’s benefit,” said Lee Gelernt, deputy director of the ACLU’s immigrants’ rights project and a lead plaintiffs’ lawyer in a lawsuit challenging the use of Title 42.

For now, the Biden administration has made no promises of end dates for the Title 42 policy, even as Covid-19 restrictions ease across the country. Department of Homeland Secretary Alejandro Mayorkas has said that the policy is in place to protect both migrants, who would need to be kept temporarily in congregate care settings if allowed in, and agents.

Gelernt said the policy of only guaranteeing unaccompanied children entry forces some families to self-separate in order to give their children the best chance of seeking asylum in the U.S.

. . . .

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

Read the full article at the link. A “lottery” for human lives! What’s next for the Biden/Harris Administration, “Hunger Games V?”

Mayorkas’s claim is pure BS! 💩 This inane, illegal, immoral, and unnecessary policy “protects” nobody except smugglers and traffickers! And, the idea that at this point, it is required by COVID is absurd on its face!

By contrast, Lee Gelernt of ACLU, a long-time inspirational leader of the NDPA, speaks truth! The Southern Border can’t be regulated without repealing the illegal Title 42 restrictions and immediately re-establishing the rule of law. That includes timely professional screening by expert Asylum Officers working for USCIS; a fair, robust, generous, practical, due-process-oriented application of asylum and other protection laws by a radically reformed EOIR utilizing the services of real Immigration Judges who are experts in asylum law; and close cooperation and support from NGOs, local governments, religious, and private bar groups to provide universal representation to asylum seekers and to lead and implement resettlement efforts throughout the U.S.

The expertise, practical problem solving ability, and resources are available. Most of it is in the private/NGO/academic sectors right now. These are the leaders and experts the Biden Administration should have brought into Government “right off the bat” to solve the problem, but has tragically failed to do so. Not like they were’t told well in advance!

It won’t happen with the bureaucrats and “tunnel visioners” the Biden Administration is relying upon — folks committed to repeating the failures of the past who lack the experience, vision, courage, independence, and creative problem solving ability necessary to lead the way to a better future. Using the law (or lack thereof) as a “deterrent” and issuing threats won’t stop desperate refugees from coming. As we can see, it only “turns them off” on using our (unavailable and now largely defunct) legal system and drives them first into the hands of traffickers and smugglers and eventually into our underground “extralegal” population.

Human migration is eons older than our republic! It won’t be eradicated or turned off and on by the utterances and actions of politicos and law enforcement officials. It requires a thoughtful, informed approach that has been largely absent from our government for decades, which is why the failures and resulting human trauma, wasted resources, and squandered human opportunities persist Administration after Administration, regardless of party and rhetoric.

Jeff “Gonzo Apocalypto” Sessions had no problem running all over the rule of law when he wanted to implement his illegal, White Nationalist, misogynist agenda and degrade asylum seekers with dehumanization and “Dred Scottification” of the other, primarily women, children, and individuals of color.

Unfortunately, by contrast, the Biden Administration, is too weak-kneed to stand up for the rule of law and human dignity!

But, folks like Julia Ainsley and her team are making a permanent public record. As in the Trump Administration, the Biden Administration doesn’t appear to recognize the concept of accountability in Government, particularly as applied to itself. But, I doubt history will be as kind and as accommodating to those, regardless of political affiliation, carrying out these illegal, irrational, inhumane, and “designed to fail” policies.

Perhaps, the “dead can’t speak!” ☠️⚰️ But, others certainly can and will speak for them and see that the abusers of humanity are held accountable.

🇺🇸🗽⚖️Due Process Forever!

PWS

06-02-21

WASTEFUL, DANGEROUS ICE DETENTION (THE “NEW AMERICAN GULAG”) CONTINUES TO UNDERMINE HUMANITY & OUR NATIONAL INTERESTS — Cornell Students From the NDPA Intervene To Save A Cuban Doctor From Mindless and Life-Threatening Detention, But Her Problems Linger Under Garland’s Dysfunctional Immigration “Courts” (That Aren’t “Courts” At All, By Any Sane Definition)!

Trial by Ordeal — Is this really the ‘preferred method’ for handling an asylum claim by a female Cuban refugee doctor? Judge Garland seems to think so!” Woman Being “Tried By Ordeal”
17th Century Woodcut
Public Realm
Source: Ancient Origins Website
https://www.ancient-origins.net/history/trial-ordeal-life-or-death-method-judgement-004160

https://news.cornell.edu/stories/2021/06/asylum-clinic-wins-release-cuban-doctor-detained-ice

Asylum clinic wins release for Cuban doctor detained by ICE

By Owen Lubozynski | June 1, 2021

In April 2020, COVID-19 reached the U.S. Immigration and Customs Enforcement (ICE) Detention Center in Eloy, Arizona. Dr. Merlys Rodriguez Hernandez, who had been detained there for six months, said she knew it would spread quickly.

Rodriguez Hernandez is originally from Cuba, where she and her husband, Lazaro, practiced medicine before they were forced to flee government persecution, she said. When they reached the U.S. border, they applied for asylum. Both were detained, in separate facilities, Merlys said. After eight months, Lazaro was granted protection from having to return to Cuba. Merlys’ petition, based on identical circumstances, was tried in a different immigration court – and denied, she said.

Cornell Law School’s Asylum Clinic took her case, under the direction of Stephen Yale-Loehr, professor of immigration law practice, and Ian M. Kysel, visiting assistant clinical professor of law. Law students Conor Bednarski, J.D. ’21, and Michelle Zhu, J.D. ’21, litigated an appeal to the U.S. Board of Immigration Appeals.

Conor Bednarski

Michelle Zhu

Meanwhile, Rodriguez Hernandez was trapped in a detention system raging with COVID-19, she said. She fell ill with the virus in May 2020 and spent 40 days in isolation, suffering from joint pain, body aches and severe diarrhea and confined to a cell she was expected to sanitize herself, she said. Tara Pilato, co-executive director emerita of the Weill Cornell Center for Human Rights at Weill Cornell Medicine, who consulted on the case, observed that “the conditions Merlys reported were not only inhumane, but against all best practices for caring for patients with COVID-19.”

Kayleigh Yerdon

“Watching this preventable tragedy unfold week after week, as we were told to shelter in place, was the hardest part of working on this case,” Bednarski said.

As the pandemic spread, Bednarski and Zhu tried to secure Rodriguez Hernandez’s release, and then supported a collaboration with pro bono counsel who filed a habeas corpus writ in federal court.

Kayleigh Yerdon, J.D. ’21, took the lead on the case during the fall 2020 term. With Spanish interpretation assistance from Cornell doctor of juridical science student Ana Ruival, LLM ’19, Yerdon won her client’s release on bond. Rodriguez Hernandez was released in October 2020, after 13 months in detention, Yerdon said.

“As a law student, being able to step into court for the first time via teleconference and win, knowing my client would walk free as a result, was just an incredible experience,” Yerdon said. She also took on Lazaro’s case, successfully litigating a motion to reopen his case, and eventually securing him asylum, she said. Yerdon was recently honored with the Law School’s Freeman Award for Civil-Human Rights, in part in recognition for her clinical work.

Meryls’ case shows that some of the most harmful flaws in the immigration system can be addressed by applying basic rights principles, Kysel said.

Rodriguez Hernandez and her husband are now living in Kentucky as they work to appeal the denial of her request for asylum. She said she hopes to become an advocate for immigrants who remain detained during the pandemic. Meanwhile, the legal team has continued its efforts to engage in other advocacy and to amplify the impact of their legal work on the doctor’s case, Kysel and Yale-Loehr said.

Recently, Rodriguez Hernandez told her story in a first-person essay in the New England Journal of Medicine, with the support of her Cornell Law clinic team and a team from the Weill Cornell Center for Human Rights, led by Pilato and Dr. Gunisha Kaur, assistant professor of anesthesiology.

“As one of our colleagues in the medical field, Merlys’ harrowing experience deserved attention from a medical-legal perspective,” said Pilato and Kaur. “The inhumane conditions in ICE detention centers have triggered some of the worst COVID-19 outbreaks in the country.”

In the piece, Rodriguez Hernandez wrote, “It is a bitter irony that while the first waves of the pandemic ravaged the U.S., I remained in a detention system when I could have made a difference to patients in a health care system in dire need of providers.”

Owen Lubozynski is a freelance writer for Cornell Law School.

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

Thanks to my good friend and renowned Immigration “Practical Scholar/Expert” Professor Stephen Yale-Loehr @ Cornell Law for alerting me to this item. And, many many congrats to these amazing students and members of the NDPA!😎👍

Note that in the dangerous and defective “court system” being run by Garland, the Respondent continues to struggle with appeals of her asylum denial even though her husband’s identical case was GRANTED! Worse yet, both cases should have been “no brainer” asylum grants that could have been rapidly granted by the Asylum Office without detention or Immigration Court in a properly functioning system with expert judges setting correct asylum precedents at the BIA.

No wonder this system is continuing to deny justice, threaten lives, waste resources, and create backlogs under Garland! As noted in the above posting, even the New England Journal of Medicine is up in arms about this outrageous situation and mockery of our legal process!

But, Garland and his merry band at DOJ and EOIR seem impervious to criticism, rationality, or the rule of law! And to date, they have shown little or no willingness to engage constructively with progressive human rights and Immigration experts. I guess that’s what “Miller Lite Justice” is all about!

There is simply no excuse for Garland’s continued mishandling of EOIR and asylum law generally! And, bureaucratic “Dedicated Dockets” run from the Falls Church Tower won’t solve the problem. Not by a long shot!

Progressive advocates and members of the NDPA need to stay energized, stay angry, and keep letting the Biden Administration feel the outrage at Garland’s inexcusable continued mishandling of EOIR! These problems will NEVER be solved with the group currently calling the shots at EOIR!

So, the question remains, with all this expertise available and some obvious solutions to some really dumb and life-threatening procedures and policies, why are Garland and Mayorkas “groping in the dark” rather than bringing in and empowering the progressive experts who will solve these problems?

Due Process Forever! Let your continuing outrage at EOIR’s failure to deliver due process and fundamental fairness with efficiency and humanity be heard and felt by the Biden Administration! Don’t take “Good Enough for Government Work” as Equal Justice in America from Democrats or Republicans! “Just say no” to more “Miller Lite Dred Scottification” of asylum seekers and other migrants! Wonder why our nation is struggling with racial justice? Look no further than Garland’s mishandling of EOIR!

President Biden has put Vice President Harris in charge of border issues and racial justice reforms. Progressive advocates should let her know directly that Garland is NOT getting the job done at Justice, and that they are sick and tired of not being consulted and having their expert candidates for EOIR snubbed in favor of Trump holdovers and non-progressives! If her “legacy” includes EOIR’s racially and gender insensitive, due-process denying, intentionally non-diverse “Kangaroo Courts” carrying out the Miller/Sessions/Barr White Nationalist nativist agenda, it won’t be a “good look” for her or her future! And, it most certainly will be bad, perhaps fatal, for our nation’s future as a liberal democracy!

Kangaroos — “Diversity @ EOIR” “What’s wrong with this picture? Let Vice President Harris know that you want a new, diverse, progressive, expert, humanitarian, due-process-oriented judiciary in our now broken, biased, and dysfunctional Immigration Courts!”
https://www.flickr.com/photos/rasputin243/
Creative Commons License

PWS

06-02-21

👎🏽“ADR” IN ACTION: EOIR ISSUES “DEDICATED DOCKET” GUIDANCE FROM THE TOWER! — Experts & Those Affected Continue To Be Snubbed, Left Out Of Process!

EYORE — “Eyore In Distress”
Once A Symbol of Fairness, Due Process, & Best Practices, Now Gone “Belly Up”

ADR = “Aimless Docket Reshuffling” — a DOJ/EOIR specialty now being used by Garland’s DOJ

https://www.justice.gov/eoir/book/file/1399361/download

To: All of EOIR

From: JeanC.King,ActingDirector Date: May 27, 2021

DEDICATED DOCKET

Effective:

OOD PM 21-23

May 28, 2021

PURPOSE:

OWNER: AUTHORITY:

CANCELLATION:

Establishes a dedicated docket for certain individuals in removal proceedings.

Office of the Director

Executive Office for Immigration Review (EOIR) Memorandum, Case Priorities and Immigration Court Performance Measures (Jan. 2018); 8 C.F.R. § 1003.0(b)

Policy Memorandum 19-04

EOIR is initiating a Dedicated Docket to focus on the adjudication of family cases as designated by the Department of Homeland Security (DHS). This docket will run alongside typical court operations in immigration courts in ten cities: Denver, Detroit, El Paso, Los Angeles, Miami, Newark, New York City, San Diego, San Francisco, and Seattle. DHS has indicated that it will be placing on the Dedicated Docket families who crossed the Southern border and whom DHS has placed on alternatives to detention. Cases will be identified for this docket as of the effective date of this memorandum.

EOIR’s immigration judges will endeavor to issue a decision in each case on the Dedicated Docket within 300 days after the initial master calendar hearing. To facilitate such timeliness while providing due process, EOIR will only schedule these cases before immigration judges who generally have docket time available to manage a case on that timeline, but EOIR recognizes that unique circumstances of each case may impact the ability to issue a decision within that period. As needed, the Office of the Chief Immigration Judge will provide additional case management guidance to assist immigration judges in meeting this goal.

EOIR remains committed to the timely resolution of immigration court cases in a fair and impartial manner. Importantly, the adjudication timeframe established by this policy memorandum (PM) and any subsequent case management guidance is an internal goal. Respondents whose cases are on these dockets have the opportunity to request continuances, as do all respondents in removal proceedings, and immigration judges retain discretion to determine whether a continuance should be granted for good cause. See 8 C.F.R. § 1003.29. EOIR expects

1

that its immigration judges will make these determinations with full consideration for a respondent’s statutory right to counsel and consistent with due process and fundamental fairness.

Respondents whose cases are placed on these dockets will be provided with a number of services, including access to information services and possible referral services to facilitate legal representation. Each city in which EOIR has established the Dedicated Docket has an established pro bono network.

EOIR previously tracked certain cases designated by DHS in select immigration court locations. See PM 19-04, Tracking and Expedition of “Family Unit” Cases (Nov. 16, 2018). This effort was discontinued during the COVID-19 pandemic and has not been resumed. Thus, PM 19-04 is rescinded.

EOIR is managing the hearings with full consideration for the safety of its employees and all parties who appear in court. EOIR will continue to implement practices and procedures consistent with information from public health officials and guidance from the Office of Personnel Management and the DOJ Justice Management Division. See PM 20-13, EOIR Practices Related to the COVID-19 Outbreak (June 11, 2020).

This PM is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or equities, its officers, employees, or agents, or any other person.

Please contact your supervisor if you have any questions regarding this PM.

2

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

In theory, prioritizing timely adjudication of recently arrived asylum seekers in Immigration Court could be a good idea – along the lines that a number of us recommended to the Biden Transition Team. But, not this way!

This “tone-deaf missive from on high,” as usual, is “designed to fail” rather than “dressed for success:”

It relies heavily on the ready availability of pro bono legal services in certain locations, yet, incredibly, there was NO ADVANCE CONSULTATION & COORDINATION with those key groups;
It is not accompanied by grants or other support to legal assistance groups to help them provide universal representation to asylum seekers;
There is no reason to believe that Immigration Judges in these locations are well-qualified to decide asylum cases merely because they have “docket space available;” indeed there are gross disparities in asylum grant rates among the selected courts;
Anti-asylum precedents issued by the Trump Administration remain in effect which undoubtedly will lead to unfair denials of asylum;
Among these anti-asylum precedents are some incorrectly limiting and discouraging continuances and administrative closing — making the promise of flexibility and fairness totally disingenuous;
Before instituting new programs in consultation with the private bar, the DHS, and the NAIJ (representing the IJs who will actually have to control these dockets), EOIR must slash the backlog by removing from the docket the vast majority of “non-priority” cases forming the astounding, largely self created 1.3 million case backlog;
With better precedents by a new BIA with progressive asylum experts as judges, and some procedural changes, many more asylum cases could be granted “in the first instance” by the Asylum Office, thereby reducing the pressure on the Immigration Courts while reducing the incentives for frivolous opposition to asylum cases by ICE, a big “time waster” in Immigration Court; but no such “progressive thinking or practical problem solving” is reflected in this directive.

Half-baked bureaucratic directives like this won’t solve the problem! It’s just more proof of how completely unqualified Garland’s DOJ and EOIR leadership are to administer a “real court system.” Where are the Article I advocates in Congress? Removing the Immigration Courts from DOJ needs to be one of our highest National priorities.

🇺🇸⚖️🗽🧑🏽‍⚖️Due Process Forever! DOJ/EOIR incompetence, never!

PWS

06-02-21

🏴‍☠️☠️⚰️SHE TRIED TO APPLY FOR ASYLUM, BUT WE WOULDN’T LISTEN — NOW SHE’S DEAD!⚰️

Wendy Fry
Watchdog & Accountability Team
San Diego Union-Tribune

David Hernandez
Reporter
San Diego Union-Tribune
PHOTO: San Diego Union Tribune website

https://www.sandiegouniontribune.com/news/border-baja-california/story/2021-05-30/migrant-drowning-funeral?utm_id=30223&sfmc_id=1814752

By WENDY FRY, DAVID HERNANDEZPhotography by ALEJANDRO TAMAYO

MAY 30, 2021 5 AM PT

. . . .

In the months before her death, Chavez Segovia had tried to cross the border at least two other times by land and had been expelled under Title 42, a Trump-era policy that allows the government to deny non-citizens entry into the country in response to the threat of COVID-19.

Migrant advocates have warned the strict border policy is pushing desperate people to take larger risks to try to cross the border into the United States, increasing the chances they become injured or killed.

“There are more people choosing to cross through dangerous routes, including the maritime crossing, because they don’t have the ability to present themselves at the ports because the ports are closed as a result of the Title 42 orders,” explained Pedro Rios, the director of the American Friends Service Committee’s U.S.-Mexico Border Program.

Chavez Segovia was trying to cross not just for work, but also because she was afraid, and was trying to claim asylum, said her sister, Gabriela, who is undocumented and living in northern California. She said Chavez Segovia tried to claim asylum on both previous crossing attempts.

Gabriela said she too was fearful of sharing details of her sister’s situation, especially because her sons remain in Mexico. But Gabriela said she wishes Chavez Segovia had gotten a chance to plead her case, and that U.S. border authorities had listened.

“Ella les dijo que viene de peligro; que corría peligro y ellos no le hicieron caso,” said Gabriela. “She told them she was coming from danger, that she was running from danger and they didn’t listen to her.

“What are you going to do? Wait until someone sits down and writes you a letter that says ‘I am threatening you.’ No, of course not, you’re going to go at the first opportunity,” said Gabriela, frustrated at the high bar of legal proof needed for one to make an asylum claim.

. . . .

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

Read the full article at the link.

Failure to listen, failure to treat humans fairly and humanely. Hmmm . . . . seem to have heard that recently:

https://immigrationcourtside.com/2021/05/25/garland-mayorkas-dont-get-it-who-makes-asylum-determinations-their-training-their-group-culture-are-determinative-in-life-or-death/

The damage done by our current scofflaw immigration policies at the border is, in many cases such as this, irreparable!

Due Process Forever!

PWS

06-02-21

⚖️SUPREMES UNANIMOUSLY SAY THAT “PRESUMPTION OF CREDIBILITY” DOESN’T APPLY ON JUDICIAL REVIEW IN OPINION BY JUSTICE GORSUCH — Garland v. Ming Dai

https://www.supremecourt.gov/opinions/20pdf/19-1155_1a7d.pdf

Syllabus by Court staff:

GARLAND, ATTORNEY GENERAL v. MING DAI CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR

THE NINTH CIRCUIT

No. 19–1155. Argued February 23, 2021—Decided June 1, 2021*

In each of these cases, a foreign national appeared before an immigration judge (IJ) and requested that he not be returned to his country of origin. For Cesar Alcaraz-Enriquez, the IJ first had to determine whether Mr. Alcaraz-Enriquez had committed a disqualifying “partic- ularly serious crime” based on his prior California conviction for “in- flicting corporal injury on a spouse or cohabitant.” See 8 U. S. C. §1231(b)(3)(B)(ii). The IJ considered both the probation report issued at the time of the conviction (which detailed a serious domestic vio- lence incident) and Mr. Alcaraz-Enriquez’s own testimony at the re- moval proceeding (which included an admission that he hit his girl- friend but allegedly did so in defense of his daughter). Relying in part on the version of events in the probation report, the IJ held Mr. Al- caraz-Enriquez ineligible for relief. On appeal, the Bureau of Immi- gration Appeals (BIA) affirmed. In Ming Dai’s case, he testified that he and his family had suffered past persecution by Chinese officials and expected future persecution upon return. But Mr. Dai initially failed to disclose that his wife and daughter had both returned volun- tarily to China since accompanying him to the United States. When confronted, Mr. Dai told the “real story” of why he remained in the United States. The IJ found that Mr. Dai’s testimony undermined his claims and denied relief. On appeal, the BIA affirmed. Mr. Alcaraz- Enriquez and Mr. Dai each sought judicial review, and in each case, the Ninth Circuit noted that neither the IJ nor the BIA made an ex- plicit “adverse credibility determination” under the Immigration Na- tionality Act (INA). §§1158(b)(1)(B)(iii), 1231(b)(3)(C), 1229a(c)(4)(C).

——————

* Together with No. 19–1156, Garland v. Alcaraz-Enriquez, also on cer- tiorari to the same court.

2 GARLAND v. MING DAI Syllabus

Applying its own judge-made rule that a reviewing court must treat the noncitizen’s testimony as credible and true absent an explicit ad- verse credibility determination, the Ninth Circuit granted relief.

Held: The Ninth Circuit’s deemed-true-or-credible rule cannot be recon- ciled with the INA’s terms. Pp. 6–15.

(a) The Ninth Circuit’s rule has no proper place in a reviewing court’s analysis. The INA provides that a reviewing court must accept “administrative findings” as “conclusive unless any reasonable adjudi- cator would be compelled to conclude to the contrary.” §1252(b)(4)(B). And a reviewing court is “generally not free to impose” additional judge-made procedural requirements on agencies. Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc., 435 U. S. 519, 524.

Judicial proceedings in cases like these do not constitute “appeals” in which the “rebuttable presumption of credibility on appeal” applies absent an explicit credibility determination. §§1158(b)(1)(B)(iii), 1231(b)(3)(C), 1229a(c)(4)(C). Here, there is only one appeal—from the IJ to the BIA. See §§1158(d)(5)(iii)–(iv). Subsequent judicial review takes place not by appeal, but by means of a “petition for review,” which the INA describes as “the sole and exclusive means for judicial review of an order of removal.” §1252(a)(5). A presumption of credi- bility may arise in some appeals before the BIA, but no such presump- tion applies in antecedent proceedings before an IJ or in subsequent collateral review before a federal court. This makes sense because re- viewing courts do not make credibility determinations, but instead ask only whether any reasonable adjudicator could have found as the agency did. The Ninth Circuit’s rule gets the standard backwards by giving conclusive weight to any testimony that cuts against the agency’s finding. Pp. 6–9.

(b) Mr. Alcaraz-Enriquez and Mr. Dai offer an alternative theory for affirming the Ninth Circuit. Because, they say, they were entitled to a presumption of credibility in their BIA appeals, they are entitled to relief in court because no reasonable adjudicator obliged to presume their credibility could have found against them. Even assuming that there was no explicit adverse credibility determination here, the Ninth Circuit’s reasoning is flawed for at least two reasons. Pp. 10–15.

(1) The presumption of credibility on appeal under the INA is “re- buttable.” And the INA contains no parallel requirement of explicit- ness when it comes to rebutting the presumption on appeal. Reviewing courts, bound by traditional administrative law principles, must “up- hold” even “a decision of less than ideal clarity if the agency’s path may reasonably be discerned.” Bowman Transp., Inc. v. Arkansas-Best Freight System, Inc., 419 U. S. 281, 286. In neither case did the Ninth

Cite as: 593 U. S. ____ (2021) 3 Syllabus

Circuit consider the possibility that the BIA implicitly found the pre- sumption of credibility rebutted. The BIA expressly adopted the IJ’s decision in Mr. Alcaraz-Enriquez’s case, which, in turn, noted that Mr. Alcaraz-Enriquez’s story changed from the time of the probation report to the time of the hearing—a factor the statute specifically identifies as relevant to credibility, see §§1158(b)(1)(B)(iii), 1231(b)(3)(C), 1229a(c)(4)(C). And in Mr. Dai’s case, the BIA also adopted the IJ’s decision, which discussed specific problems with Mr. Dai’s demeanor, candor, and internal inconsistency—an analysis that certainly goes to the presumption of credibility even if the agency didn’t use particular words. See ibid. In each case, the Ninth Circuit should consider whether the BIA in fact found the presumption of credibility overcome. If so, it seems unlikely that the conclusion in either case is one no rea- sonable adjudicator could have reached. Pp. 10–13.

(2) The presumption of credibility applies with respect to credibil- ity but the INA expressly requires the noncitizen to satisfy the trier of fact on credibility, persuasiveness, and the burden of proof. §§1158(b)(1)(B)(ii), 1231(b)(3)(C), 1229a(a)(4)(B). Even if the BIA treats a noncitizen’s testimony as credible, the agency need not find such evidence persuasive or sufficient to meet the burden of proof. Here, the Ninth Circuit erred by treating credibility as dispositive of both persuasiveness and legal sufficiency. Pp 13–15.

884 F. 3d 858 and 727 Fed. Appx. 260, vacated and remanded. GORSUCH, J., delivered the opinion for a unanimous Court.

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

Can’t win ‘em all: The Round Table filed an amicus brief on behalf of the respondent in this case. Sadly, on this occasion, we didn’t convince anyone.☹️

Due Process Forever!

PWS

06-01-21

👎🏽🤮”MR. CLEAN” MIA @ DOJ: Garland’s Tone Deaf Defense Of Sleazy “Billy the Bigot” 🦨 Draws Fire From Watchdog, As He Fails To Deliver For Progressives @ Dysfunctional, Ethics-Challenged DOJ!

https://www.huffpost.com/entry/watchdog-doj-trump-obstruction-justice-memo-secret_n_60b472d4e4b02a79db8f892c

Mary Papenfuss reports for HuffPost:

A watchdog group has filed a brief opposing the Justice Department’s push to keep secret former Attorney General William Barr’s memo concerning ex-President Donald Trump’s possible obstruction of the investigation into Russia’s interference in the 2016 election.

“The DOJ must produce the document, clean up the department, and show that it will not be used for the personal protection of any president,” the Citizens for Responsibility and Ethics in Washington said in a statement Friday after it filed the brief. CREW initially sought release of the memo through the Freedom of Information Act.

At issue is Barr’s decision to ignore any obstruction of justice issues concerning Trump despite strong evidence against him revealed by then-special counsel Robert Mueller. Critics said Barr misled the public by cherry-picking quotes from Mueller’s report to protect Trump. They accused him of making a political decision rather than a legal one.

Barr claimed that justification for the lack of any action against Trump was carefully considered and spelled out in the memo, which had previously only been made public in a highly redacted form.

But according to U.S. District Judge Amy Berman Jackson, who ordered the release of the nine-page memo earlier this month, Barr’s decision was a foregone conclusion. Barr had already made up his mind not to prosecute Trump before considering any of the advice or analysis that he claimed informed his decision, she said in her order.

Jackson added that the memo contained “strategic, as opposed to legal, advice” and that both the writers and the recipients already had a mutual understanding about what the prosecutorial decision would be.

A “review of the document reveals that the Attorney General was not engaged in making a decision about whether the President should be charged with obstruction of justice; the fact that he would not be prosecuted was a given,” the judge wrote in the order.

. . . .

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

Read the rest of Mary’s article at the link.

If Team Garland has a plan to “clean up the Department,” as advocated by Citizens for Responsibility and Ethics in Washington in their brief, they are certainly keeping THAT a secret.

Nowhere has Garland’s failure to be the long awaited “Mr.Clean” been more notable and harmful to good governance than at EOIR. There, he has inexplicably continued to unconstitutionally promote a charade of a “court” system that lacks fair and impartial judges. Rather than bringing in the necessary expert progressive reformers from the NDPA to clean up the mess, restore due process, create quasi-judicial independence, and institute best practices, the dysfunction continues to get worse, progressive advocacy groups (who helped put Biden/Harris in office) are totally outraged and frustrated, the “same old, same old” deficient recruitment and hiring practices remain in effect, and the totally dysfunctional bureaucratic structure, comprised largely of Trump holdovers and bureaucrats, maintains its “death spiral.”⚰️

Go figure!

🇺🇸Due Process Forever!

PWS

05-31-21

🇺🇸HISTORY: HIGHLY RECOMMENDED BY COURTSIDE — “America’s Long Struggle Against Slavery” — Lecturer: Professor Richard Bell, U of MD, College Park — What Most Of Us Never Learned In High School!

Tulsa Race Riot — Result of Tulsa Race Atrocity, June 1, 1921
“All that was left of his home after the Tulsa race riot”
Unknown photographer
Public Domain via Wikimedia Commons

Here’s the “trailer:”

https://www.thegreatcourses.com/courses/americas-long-struggle-against-slavery

As we recognize the 100th anniversary of the “Tulsa Atrocity” and our failure to properly acknowledge it, teach it, condemn the failures of our legal system, and/or hold the perpetrators accountable, this is a course that every American should view!

Dehumanization of “the other,” grotesque minimization and distortion of their achievements and key contributions to our nation’s prosperity and survival, and legal systems that knowingly and intentionally denied legal, constitutional, and human rights to our fellow Americans are a long and dishonorable part of our history, often denied or intentionally whitewashed by those who fear truth. The long struggle against “America’s original sin” involved fierce resistance by African American slaves as well as concerted cooperative efforts between free African Americans and White opponents of slavery. But, there were also tensions, squabbles, false starts, petty “turf wars,” and fundamental disagreements among slavery’s opponents. Shockingly, but not surprisingly, many slaves found that suicide was their only effective form of protest against, and escape from, this vilest of all American institutions.

The struggle against slavery’s toxic legacy and its existence in various forms in modern America continues. And, there is a direct connection with America’s continuing mistreatment of immigrants, particularly people of color and asylum seekers, and the failure of our legal system, even today, to protect them rather than abuse and dehumanize them.

The ongoing struggle is reflected in the Biden Administration’s apparent naive belief that they can effectively address racial injustice in America while continuing to treat asylum seeking migrants, many women, children, and people of color, as “non-persons” or “less than human” under our Constitution and laws. Ending “Dred Scottification of the other” — in all its forms — is key to America’s getting beyond the mistakes, tragedies, and injustices of our past and creating a better future for all persons in America!

FULL DISCLOSURE: Our son William P. Schmidt works for The Great Courses.

🇺🇸🗽⚖️Due Process Forever!

PWS

05-31-21

🤯NEEDED LIKE A HOLE IN THE HEAD: Garland Seeks Insider For Bloated, Bogus “Office of Policy” @ EOIR — Tell Him, The White House, & Congress We Need Better, Diverse, Progressive Judges From “Outside,” NOT More Insider Bureaucrats For Unwieldy & Unnecessary Trump-Era Bureaucracy!🤮

Star Chamber Justice — “Here at the EOIR Office of Policy, we’re always thinking of innovative methods to help our partners at DHS Enforcement!”
”Justice” Star Chamber
Style

The latest from Garland’s failed EOIR:

Attorney Advisor

05/26/2021 09:40 AM EDT

Executive Office for Immigration Review (EOIR)
Office of Policy, Immigration Law Division
Falls Church, Virginia
Announcement #: EOIR-21-0039
Application Deadline: June 8, 2021

The Attorney Advisor provides technical legal advice on the development and implementation of agency-wide policies for all agency functions.

Area of Consideration:

This position is open to Federal Employees.

Duties include but are not limited to the following:

Drafts and conducts legal reviews of draft regulations, policy directives, and a variety of non-adjudicatory operations.

Performs comprehensive research regarding newly enacted statutes, proposed Federal legislation and regulations, DOJ regulations, and policy statements; prepares legal memoranda necessary as related to such research.

Provides sound recommendations in response to a wide range of questions of immigration law and policy involved in the operations of the Agency and the effect of such operations on other activities, Government agencies, industry, and the general public.

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

This exchange of comments received at “Courtside” says it all:

Q: Why would this be limited to Federal Employees?

A: No idea. But it doesn’t seem as if they are planning to dismantle McHenry’s Office of Policy. Courts don’t have Offices of Policy to my knowledge.

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

No, real “courts” don’t have this bureaucratic nonsense created specifically to suppress judicial independence and to create political influence on what is supposed to be independent, expert judging. It also fed the nonsensical Barr attempt to pass off Immigration Judges (basically reduced to the status of “deportation clerks on an assembly line” under Trump) as “policy officials” to “bust” their union (NAIJ) and keep it from exposing abuses and fighting for judicial independence from political meddling.

I’ve written elsewhere about Garland’s unwillingness to hold Barr and Sessions accountable for their misdeeds. https://immigrationcourtside.com/2021/05/29/dean-erwin-chemerinsky-garlands-failures-justice-go-beyond-immigration-attempting-to-cover-up-your-predecessors-dishonesty-ethical-lapses-possible-criminal-miscondu/

FULL DISCLOSURE: I am a retired member of the NAIJ.

“Real courts” might have “Chief Judges,” basically “first among equals” who handle administrative tasks on behalf of their colleagues in addition to performing daily judicial duties. They DON”T have a plethora of “Chiefs, Deputy Chiefs, Chiefs of Staff, Directors, Deputy Directors, Associate Directors, Assistant Chiefs, Unit Chiefs, Executive Assistants, Office Heads, and “Counsel to” many of the foregoing.

As many of us pointed out to the Biden Transition Team, Garland should have “lost” the “bureaucratic, Vatican-style, hierarchical, wasteful, ineffective, bloated bureaucracy” @ EOIR and replaced it with “leaner, progressive, expert judicial leadership” who would:

See that qualified progressive expert judges were appointed on a merit basis;
Replace the BIA with qualified, progressive, “practical scholar” judges to provide uniform legal guidance and enforce due process;
Change the hiring criteria and recruiting practices to encourage diversity and more applicants from the private sector;
Get a functioning e-filing system and other basic professional support for judges and the public in place;
Fend off attempts by politicos at the DOJ, DHS, and White House to interfere with judicial independence once qualified progressive judges are in place at EOIR.

If there is any “legal policy” to be made, that’s the job of the BIA, once comprised of practical experts in due process, immigration, and human rights.

If there are “administrative policies” that need to be instituted to improve due process and efficiency, those should be developed by an “Immigration Judicial Conference” composed of sitting judges, BIA Judges, and perhaps Circuit Court Judges, with meaningful dialogue and input from the private sector and the DHS.

Support functions should be coordinated by a lean, professional “Administrative Office” patterned on the “Administrative Office for U.S. Courts” that serves the Article III Judiciary.

There should also be a transparent system, with public members and judges, to handle ethics and conduct complaints about judges.

Additionally, a training function with some model judicial training should be part of the structure.

There is absolutely no need for all the current ridiculous “quotas, ratings, supervision, policy memos, performance work plans, adjudication centers, and other bureaucratic nonsense” that eat up resources without furthering the mission of guaranteeing fairness and due process for all.

Bureaucrats are incapable of phasing out bureaucracy and replacing it with something better. That’s why every day that Garland dawdles in getting in the progressive talent from outside Government necessary to reform EOIR, ditch the bureaucracy, and turn it into a functioning, progressive, model court system is a “killer” — both figuratively and literally!

If there is a single “ask” I would have of Judge Garland, it’s for him to stop thinking like the DOJ bureaucrat he once was and start acting like an independent Federal Judge (which he also once was) constructing a completely new progressive court system designed to be the “world’s best!”

That’s NOT going to happen by mindlessly and wastefully hiring more “insider Attorney Advisors” for a bogus and unnecessary “Office of Policy!”

🇺🇸⚖️🗽Due Process Forever!

PWS

05-30-21

DEAN ERWIN CHEMERINSKY: GARLAND’S FAILURES @ JUSTICE GO BEYOND IMMIGRATION! — Attempting To Cover Up Your Predecessor’s Dishonesty, Ethical Lapses, & Possible Criminal Misconduct Might Be Good Bureaucracy, But It’s Bad Government! — “[T]his action is completely contrary to the public interest: The Justice Department should not be shielding itself from scrutiny.”

Barr Departs — Covering up for this guy . . . Lowering The Barr by Randall Enos, Easton, CT
Republished By License

Is what this guy wants to know! — Dean Erwin Chemerinsky
UC Berkeley Law
PHOTO: law.Berkeley.edu

https://www.latimes.com/opinion/story/2021-05-27/justice-department-william-barr-mueller-memo

Dean Chemerinsky writes in the LA Times:

By ERWIN CHEMERINSKY

MAY 27, 2021 1:32 PM PT

The Biden administration is making a serious mistake in placing the self-interest of the Justice Department ahead of the people’s right to know if former Atty. Gen. William Barr acted to cover up Donald Trump’s possible engagement in obstruction of justice.

A federal judge in Washington, D.C., in early May ordered the release of a crucial Justice Department memo that will shed light on Barr’s conduct and whether he acted inappropriately. Rather than comply with the judge’s command and disclose the document, the Biden Justice Department is appealing the order in an effort to keep the memo secret.

In March 2019, special counsel Robert S. Mueller III delivered his report into Russian interference in the 2016 presidential election to then-Atty. Gen. Barr. While keeping the report secret, Barr sent a letter to congressional leaders purporting to “summarize the principal conclusions.” Barr said that Mueller “did not draw a conclusion — one way or the other — as to whether the examined conduct constituted obstruction,” and that “the evidence developed during the Special Counsel’s investigation is not sufficient to establish that the President committed an obstruction-of-justice offense.” Trump then declared that he was fully exonerated.

Barr said that he had reached his conclusion “in consultation with the Office of Legal Counsel and other Department lawyers.” A Freedom of Information Act request was filed by a watchdog group to obtain the OLC memo that purportedly was the basis for Barr’s judgment that the Mueller report exonerated Trump of obstruction of justice.

A reading of the Mueller report indicates that Barr’s statements were a gross mischaracterization of the evidence it presented. There was substantial evidence that Trump had engaged in obstruction of justice and Mueller said that he offered no conclusion only because Justice Department rules prevented indicting a sitting president.

Federal Judge Amy Berman Jackson reviewed the OLC memo and concluded that there was no legal basis for withholding it from release. Indeed, she was sharply critical of the Justice Department’s arguments for secrecy. She said that the “affidavits” submitted in favor of withholding the document “are so inconsistent with evidence in the record, they are not worthy of credence.” She said that her review of the documents led her to conclude “that not only was the Attorney General being disingenuous then, but DOJ has been disingenuous to this Court with respect to the existence of a decision-making process that should be shielded by the deliberative process privilege.” She said that the agency’s “redactions and incomplete explanations obfuscate the true purpose of the memorandum.”

In plain English, she slammed the Justice Department for misleading the court in trying to keep the document secret.

This issue is central to a government operating under the rule of law: Did the attorney general act to deceive Congress and the American people to protect Trump from being seen as having engaged in obstruction of justice? The OLC memo is key to understanding what happened.

. . . .

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

Read the full op-Ed at the link.

During his Senate confirmation hearings Judge Garland presented himself well and indicated a sound understanding of justice, the proper role of the Attorney General, and the public interest. However, that now appears to have been largely skillful misdirection.

Since actually being sworn in, Garland has, surprisingly and sadly, conducted business largely without regard to progressive values, expert advice, common sense, or the public interest.

How much sense does Garland’s latest attempt to cover up for the Trump regime make? https://www.theguardian.com/us-news/2021/may/29/trump-lafayette-square-protests-us-seeks-dismissal?CMP=Share_iOSApp_Other

As many of us who served at the USDOJ over the years learned, leadership often has a tendency to confuse institutional protection, political agendas, and their own self-interest with advancing the public good, which is actually the AG’s sole job.

If there is one thing the DOJ has never wanted, under any Administration, it’s public scrutiny. That’s probably why it was so easy for the Trump Administration to get cooperation from career DOJ attorneys, who should have known better, for its corrupt policies.

🇺🇸🗽⚖️Due Process Forever!

PWS

05-30-21

GARLAND/MAYORKAS UNILATERAL “IN YOUR FACE” 🤮 ASYLUM POLICIES CONTINUE TO INFLAME, OUTRAGE, PROGRESSIVE OPPOSITION! — More Haste Makes Waste “Special Asylum Dockets,” Continuation Of “Miller Lite” Racist/Misogynist Anti-Asylum Policies, Unqualified Judges, Likely To Deny Due Process, Create Aimless Docket Reshuffling, Increase Backlogs — Congress Needs To Remove Immigration Courts From Garland’s Dysfunctional DOJ — Now!

Here’s yet another “big middle finger” 🖕 to progressives and experts from Garland and Mayorkas:

U.S. DEPARTMENT OF HOMELAND SECURITY

Office of Public Affairs

DHS and DOJ Announce Dedicated Docket Process for More Efficient Immigration Hearings

WASHINGTON – Today, Secretary of Homeland Security Alejandro N. Mayorkas and Attorney General Merrick B. Garland announced a new Dedicated Docket process to more expeditiously and fairly make decisions in immigration cases of families who arrive between ports of entry at the Southwest Border. This new process should significantly decrease the amount of time it takes for migrants to have their cases adjudicated while still providing fair hearings for families seeking asylum at the border.

“Families arriving at the border who are placed in immigration proceedings should have their cases decided in an orderly, efficient, and fair manner,” said Secretary of Homeland Security Alejandro N. Mayorkas. “Families who have recently arrived should not languish in a multi-year backlog; today’s announcement is an important step for both justice and border security.”

“The mission of the Department of Justice’s immigration courts is to decide the cases that come before them promptly and fairly,” said Attorney General Merrick B. Garland. “This new program for certain newly arriving families will help achieve that critically important goal.”

Under this new process, certain recently arrived families may be placed on the Dedicated Docket. Families may qualify if they are apprehended between ports of entry on or after Friday, May 28, 2021, placed in removal proceedings, and enrolled in Alternatives to Detention (ATD). DHS, in partnership with the Department of Justice (DOJ) Executive Office for Immigration Review (EOIR), will make available information services to help families understand the immigration system and refer families to pro bono legal service providers for possible representation.

EOIR has identified immigration courts in 10 cities with established communities of legal services providers and available judges to handle the cases. The designated cities are Denver, Detroit, El Paso, Los Angeles, Miami, Newark, New York City, San Diego, San Francisco, and Seattle.

Under the Dedicated Docket, EOIR’s immigration judges will work generally to issue a decision within 300 days of the initial master calendar hearing, subject to the unique circumstances of each case including allowing time for families to seek representation where needed. While the goal of this process is to decide cases expeditiously, fairness will not be compromised.

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U.S. Department of Homeland Security
www.dhs.gov

Here are “statements in opposition” from the National Immigrant Justice Center and Human Rights First:

https://immigrantjustice.org/press-releases/bidens-return-failed-immigration-court-rocket-docket-will-deprive-asylum-seekers

https://www.humanrightsfirst.org/press-release/human-rights-first-concerned-biden-plan-risks-new-rocket-dockets-when-it-should-end#.YLEQ7NuEm7k.twitter

Here’s the “statement of outrage and solidarity in opposition from the experts at the Center for Gender and Refugee Studies at Hastings Law:

FOR IMMEDIATE RELEASE

Media Contact: Brianna Krong, (415) 581-8835, krongbrianna@uchastings.edu

CGRS Concerned Biden Policies Will Undermine Fairness, Endanger Refugee Families

San Francisco, CA (May 28, 2021) – The Center for Gender & Refugee Studies (CGRS) is deeply concerned by today’s announcement that the Biden administration will begin fast-tracking asylum cases for certain families seeking refuge. By establishing a “dedicated docket” for asylum-seeking families, the administration will sacrifice fairness in the name of speed, adopting a misguided approach that under both the Obama and Trumpadministrations contributed to record backlogs in the immigration system, eroded due process, and endangered lives. Instead of reviving the failed policies of past administrations, the Biden administration should swiftly end cruel and illegal Trump-era policies and fully restore safe asylum processing at the southern border.

Today’s announcement arrives at a time when families seeking asylum face enormous roadblocks to safety and justice. Over four months into its first term, the Biden administration has failed to end myriad Trump-era policies that continue to place refugees at risk of grave violence, and even death. It is shameful that the administration is prioritizing fast-tracked adjudications while continuing to illegally expel asylum seekers to danger under the widelydebunked pretext of the pandemic. So long as the Title 42 policy remains in place, there can be no safe or fair process for asylum seekers.

The Biden administration also has yet to address Trump policies that have gutted protections for people escaping domestic violence and gang brutality, including many of the families impacted by this new policy. Until Attorney General Garlandtakes action to reverse these policies, the asylum system will remain rigged against families fleeing violence in their homes and communities, who will be wrongly denied protection and ordered deported to the very dangers they’ve fled. Rushing adjudications will make it even more difficult for these families to find safety, further undermining any semblance of fairness in the asylum process.

“CGRS and our partners have set forth a clear roadmap for the Biden administration to adjudicate asylum cases in a timely manner and mitigate backlogs, all while improving fairness and protecting due process,” CGRS Legal Director Blaine Bookey said today. “As advocates, we’ve been down this road before. We know policies that rush asylum adjudications fail to keep families and children safe. We implore the administration not to make the mistake of putting speed above justice.”’

Advocates, asylum seekers, and communities are coming together to demand an asylum system that provides every person a safe and fair opportunity to seek protection, with full access to legal representation and community-based support. The Biden administration should put humanity first, reject the cruel policies of the past, and welcome people seeking asylum with dignity.

Brianna Krong | Communications and Advocacy Coordinator

Center for Gender and Refugee Studies

200 McAllister Street | San Francisco, CA 94102

(415) 581-8835 (Phone) | (415) 581-8824 (Fax)

krongbrianna@uchastings.edu
Pronouns: she/her/hers

Twitter| Facebook | Donate

Request Assistance or Report an Outcome in Your Asylum Case

Here are other initial comments from asylum experts:

I don’t think there was any consultation w/ private bar. NGOs are very upset. Biden administration just held a q and a about two hours ago to answer NGO questions but there’s a lot of unknowns remaining.

Lots of NGOs are off today because of the long weekend but many are working to respond to this and the President’s budget.

See NGO press release in response to President’s budget:

For Immediate Release: May 28, 2021

Contact: press@wearehome.us

We Are Home Campaign Deeply Disappointed by Biden’s DHS Budget Request

Calls on Congress to Do Better

Washington, DC —President Biden’s FY 2022 budget, released today, requests $2.7 billion from Congress for ICE detention – almost the same amount enacted by Congress last year under the Trump Administration. It includes funds for 2,500 family detention beds. Alongside recent increases in the number of people jailed by ICE, this budget request is an alarming signal that DHS and the President are not heeding the call of the immigrant justice movement to reduce and ultimately end the federal government’s harmful and unnecessary reliance on incarceration for immigration processing.

In response to the news, Bridgette Gomez, Director of the We Are Home campaign, said:

“We are deeply disappointed to see that DHS plans to continue Trump-era levels of ICE detention. Candidate Biden promised an immigration policy that reflects our highest values as a nation. As president, Biden has repeatedly emphasized his commitment to racial equity. Any plan that doesn’t dramatically shrink ICE’s incarceration system – which mostly jails Black and Brown people – betrays those commitments. We’ll be looking to Congress to do better and cut ICE’s budget significantly.”

In March, We Are Home joined the Defund Hate coalition in calling on Congress to cut funding for ICE and CBP by at least 50 percent.

In February, the campaign sent comprehensive recommendations to DHS to overhaul enforcement and begin to dismantle the detention and deportation machinery that has devastated millions of families, mostly Black and Brown, and squandered billions of taxpayer dollars. These recommendations included policies to cut detention, including 1) a comprehensive file review of all people in ICE custody, with a presumption of release, and 2) an end to the use of private prisons and state and local jails for ICE detention. The urgency to reduce the detained population is even greater during the pandemic, since people in jails and prisons face particular risk of contracting COVID. ICE has no centralized plan to provide vaccines for people in its custody.”

We Are Home is a nationwide campaign to fight for immigrant communities on three fronts: prioritizing and demanding a pathway to citizenship for the 11 million undocumented immigrants in America; a moratorium and overhaul of interior enforcement; and broad affirmative relief from deportation. We Are Home is co-chaired by Community Change/Community Change Action; National Domestic Workers Alliance (NDWA)/Care in Action; Service Employees International Union (SEIU); United Farm Workers/UFW Foundation; and United We Dream.

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The NGOs are quite upset.Note that this comes days after the Fourth Circuit enforced an IJ’s duty to fully develop the record even in represented cases.And yet here is the administration speeding up the assembly line.

In my view, this will lead to more pro se I-589s being filed.And as Sessions vacated Matter of E-F-H-L-, there is now no safeguard in either case law or regs preventing IJs from summarily denying those I-589s for e.g. failing to correctly delineate a PSG.

I can’t for the life of me understand this administration’s determination topreserveTrump’s policies.

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Quick takes:

Because the system would depend almost entirely on NGOs and pro bono groups to provide counsel, developing policies without consulting those groups or providing grants to increase representation is totally inappropriate, not to mention stupid and insulting;
Special expedited asylum dockets have failed in the last two Administrations, so why try a “proven failure” once again?
Assigning certain Immigration Judges to these “priority dockets” – without first removing non-priority cases from the docket, will result in more “Aimless Docket Reshuffling” and increased backlogs;
As a recent article by respected experts Professor Karen Musalo and Professor Stephen Legomsky shows, the current system has been “gamed against asylum seekers” by both EOIR and DHS; https://www.justsecurity.org/76671/asylum-and-the-three-little-words-that-can-spell-life-or-death/; without radical progressive changes, the new policy will just produce more unfairness;

Professor Karen Musalo
Director, Center for Gender & Refugee Studies, Hastings Law

Stephen Legomsky — Professor Stephen H. Legomsky
Emeritus Professor of Law. & Former USG Senior Executive
Washington U. Law
PHOTO: Washington U. Law website

The 10 Immigration Courts selected for this project have widely varying asylum denial rates. For example, for the period 2015-20, according to TRAC, El Paso (an “Asylum Free Zone”) had a denial rate of 90% and New York a denial rate of 32%. How can a system including such extremes be “fair?”
As recent litigation has pointed out, Garland’s Immigration Judges are making basic mistakes and failing to develop records in their rush to screw asylum seekers. Without bringing in expert judges and emphasizing fairness, scholarship, record development, and quality above bureaucratic, enforcement related goals, this proposal is going to increase the due process disaster in Garland’s broken “courts;” https://immigrationcourtside.com/2021/05/26/%e2%9a%96%ef%b8%8f%f0%9f%97%bd4th-circuit-blasts-garland-eoirs-indolent-haste-make-waste-denial-centric-asylum-adjudication-in-another-victory-for-round-table-due-proces/
In just a short time, Garland’s outrageous mishandling of the Immigration Courts, and his disdain for expert progressive advice and appointments, shows exactly why Congress must remove these “courts” from the incompetent and biased administration of the DOJ and create an independent U.S. Immigration Court;
Until that happens, progressives and advocates will have to deal with Garland’s “in your face arrogance and ignorance” the same way they dealt with Sessions and Barr — with massive resistance and unending litigation until Garland’s corrupt, incompetent, biased system grinds to a halt.

Turning potential powerful and helpful friends into motivated and committed enemies! Seems pretty stupid to me.

Stephen Miller rightfully made lots of enemies with his racist, neo-Nazi shenanigans. But, he did please and energize his nativist, White Nationalist supporters!

By contrast, Garland has rapidly turned progressive supporters into enemies. But, he won’t get one iota of appreciation or support from Miller and his White Nationalist nativist supporters in the GOP.

Creating policies that are universally opposed or panned. That takes some impressive negative leadership and political idiocy!

🇺🇸Due Process Forever!

PWS

05-29-21

☠️⚰️🤮— Jeff “Gonzo Apocalypto” Sessions Unethically Lied, Misrepresented, & Distorted To Declare “Open Season” On Brown-Skinned Refugee Women From El Salvador In His Matter of A-B- Atrocity — More Evidence Surfaces of His Treachery & Corruption — “‘The serial killer of women in Chalchuapa is not an isolated incident,’ said the feminist and social activist Morena Herrera. ‘It is an incident rooted in two factors: society’s permissiveness towards violence against women and institutional complicity. El Salvador’s institutions care very little about the lives of women – and I’m not just talking about the police,’ Herrera added.” — But Garland, Incredibly, Continues Session’s Legally Wrong, Factually Distorted, Morally Corrupt Policies!

Sessions in a cage — Jeff Sessions’ Cage by J.D. Crowe, Alabama Media Group/AL.com. — Why won’t Garland repudiate “Gonzo’s” racist, misogynist, anti-due-process policies @ EOIR?
Republished under license

https://www.theguardian.com/world/2021/may/25/el-salvador-house-of-horror-women-murders?CMP=Share_iOSApp_Other

El Salvador’s house of horror becomes grisly emblem of war on women

Authorities have sought to portray the ex-policeman at whose home up to 40 bodies, mostly female, may be buried, as a freakish psychopath, despite the arrest of nine other suspects

Bryan Avelar in Chalchuapa and Tom Phillips

Published:

05:00 Tuesday, 25 May 2021

Day after day they flock to the emerald green house on Estévez Street, seeking news of loved ones who have vanished without a trace.

“They say there are lots in there, maybe 40,” said Jessenia Elizabeth Francia, a 38-year-old housewife who had travelled 20 miles to reach the heavily guarded building under a punishing midday sun.

Francia had come to Chalchuapa, a small town in western El Salvador, in search of her son, Luis Fernando, who disappeared seven years ago at the age of 16. “I just want to find at least his bones so I can bury them and find peace,” she said, clutching a cellphone showing a photograph of her missing child and the words: “I have faith.”

Others sought daughters or wives, Central American women feared to have fallen prey to the house’s proprietor, the former police officer and alleged serial killer Hugo Ernesto Osorio Chávez, who is feared to have buried his victims inside.

El Salvador: dozens of bodies found at ex-cop’s house investigated as femicides

“She was 24,” said Candelaria Carranza Castro, a silver-haired mother whose daughter went missing in July 2015 and who was among those to visit the house on Monday. “Whatever has happened I want to find her.”

The mass grave at No 11 Estévez Street was discovered on the night of 7 May after neighbours called police having heard the cries of a young woman. By the time police arrived more than an hour later she and her mother were dead – reportedly bludgeoned to death with an iron tube by Osorio, who confessed to the crimes. While taking the 51-year-old into custody, police stumbled across the half-buried bodies of two men in the house’s patio and, when they started digging, found more corpses below in a series of pits.

Authorities have yet to announce the precise number of bodies buried inside but the excavators still probing its foundations believe there could be as many as 40, and no fewer than 15.

. . . .

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Read the rest of the article at the link.

What, exactly, is Garland doing about EOIR to justify his continuance in office? What about supposed social justice, gender justice “activists” Lisa Monaco, Vanita Gupta, and Kristen Clarke? The continuing human rights, gender rights farce at DOJ and EOIR should outrage all progressives and be a continuing stain on all the reputations of feckless Biden Administration officials at the failed and ever more failing DOJ !

🇺🇸Due Process Forever!

PWS

05-28-21

ICE Continues To Use Inaccurate Police Data To Dictate Arrests and Deportations

By: Sophia Barba

On February 18, 2021, DHS published a memorandum for all ICE employees to prioritize immigrants who have been recorded as having gang affiliation for deportation and removal. ICE’s practice of using police data to identify immigrants who have been listed as being gang affiliates is not new. In 2017, ICE came under fire for their FALCON system, which gathered information as far-ranging as local police reports, social media, criminal and civil asset forfeiture records, cell phone information and even data collected by the CIA and NSA. What’s more, the information used to identify immigrants as gang-affiliated is largely inaccurate, and often mistakenly identifies individuals without much oversight. Many critics have emphasized that these systems record people using racial markers, or loosely substantiated relationships or networks, which make overgeneralized speculations about potential gang members, rather than relying on more substantial evidence. Since this data cannot be easily accessed, people who are placed on these lists often have no recourse to contest the categorization until it is too late. As Max Rivlin-Nadler from The Appeal stated,

“This ‘information imbalance’ that immigrants experience when facing deportation is immense — often they’re not told exactly what has qualified them as a “gang member,” nor given the opportunity to correct records that local or federal law enforcement might be keeping on them.”

Human Rights Watch, and several other organizations, have publicly denounced the February 18 memo, stating that the practice does nothing more than to perpetuate a heavily racialized policy that significantly eats away at immigrants’ due process rights.

Here is some more background:

LA Times reports gang databases are filled with errors.

Oregonian reports gang databases include largely just minorities

Lawsuits claimed that gang databases were being used to provide weak support for deportations

Lindsay and Sarah write in USA Today:

🇺🇸⚖️🗽Due Process Forever! The Garland/Mayorkas “Miller Lite Nonsense” at the border, never!

Related posts:

Elliot Spagot and Julie Watson report for AP:

🇺🇸🗽⚖️🧑🏽‍⚖️Due Process Forever!

Related posts:

🇺🇸⚖️🗽🧑🏽‍⚖️Due Process Forever! Tell the Biden Administration that we need progressives, not more “regressives,” on the Federal Bench, starting with the Immigration Courts! End abusive judging by a non-diverse Federal Judiciary!

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NBC News Reports from the “Law Free Zone” (“LFZ”) established by Biden Administration at the Southern Border:

🇺🇸🗽⚖️Due Process Forever!

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ADR = “Aimless Docket Reshuffling” — a DOJ/EOIR specialty now being used by Garland’s DOJ

🇺🇸⚖️🗽🧑🏽‍⚖️Due Process Forever! DOJ/EOIR incompetence, never!

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Due Process Forever!

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Due Process Forever!

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Mary Papenfuss reports for HuffPost:

🇺🇸Due Process Forever!

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Here’s the “trailer:”

🇺🇸🗽⚖️Due Process Forever!

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🇺🇸⚖️🗽Due Process Forever!

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🇺🇸🗽⚖️Due Process Forever!

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Here’s yet another “big middle finger” 🖕 to progressives and experts from Garland and Mayorkas:

Here are “statements in opposition” from the National Immigrant Justice Center and Human Rights First:

Here’s the “statement of outrage and solidarity in opposition from the experts at the Center for Gender and Refugee Studies at Hastings Law:

Here are other initial comments from asylum experts:

Quick takes:

🇺🇸Due Process Forever!

Related posts:

🇺🇸Due Process Forever!

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