Tag: 8 C.F.R. § 241.14(d)

Dan Kowalski over @ LexisNexis Immigration Community reports:

FW:  due process victory: Hassoun v. Searls

“[T]he Court finds that 8 C.F.R. § 241.14(d) is not a permissible reading of § 1231(a)(6), and that it is accordingly a legal nullity that cannot authorize the ongoing, potentially indefinite detention of Petitioner. … The Court further finds that an evidentiary hearing is necessary before it can determine the lawfulness of Petitioner’s continued detention under 8 U.S.C. § 1226a.”

Note also the roasting, on page 11, of DOJ lawyers for failure to do basic 1L legal research: “To say the least, it is disappointing that Respondent’s counsel, after consulting with other counsel including “prosecutors and appellate attorneys” in this District’s United States Attorney’s office, submitted a legal memorandum to the Court that failed to acknowledge contrary case law that did not support its position.”

https://www.aclu.org/sites/default/files/field_document/hassoun_op.pdf 

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I hear and appreciate U.S District Judge (WDNY) Elizabeth A. Wolford’s outrage and frustration. 

But, for hard working members of the New Due Process Army this is “just another day at the office” in dealing with the Trump Regime’s unethical, scofflaw, fact free White Nationalist nativist agenda: lies and pretexts presented to the Supremes to hide an intentional census undercount directed at reducing Hispanic voting and political power; false narratives about migrants and crime; a bogus largely self-created “border emergency;” fraudulent “national security” justifications; EOIR “administrative changes” intended to undermine the right to representation and eliminate due process; twisted unethical “precedents” entered by the chief prosecutor that always come out against the individuals; misogynist racist misinterpretations of asylum law intended to kill, maim, and torture vulnerable women of color; child abuse cloaked in disingenuous “law enforcement” rationales; bogus “civil detention” to punish lawful asylum seekers; a grotesquely dishonest “Migrant Protection Protocol” intended to subject migrants to deadly conditions in Mexico; “Safe” Third Countries that are among the most dangerous in the world without functioning asylum systems; irrational “public charge” regulations intended to reduce legal immigration without legislation; EOIR’s distorted statistics intentionally manipulated to minimize asylum grants and cover up the anti-asylum bias improperly infused into the system; vicious unsupported attacks on the private bar by the Attorney General and other regime politicos. The list goes on forever.

Unfortunately, this scofflaw and unethical behavior will continue until Federal Judges back up their words with actions: declarations of unconstitutionality; sanctions against the Government for frivolous litigation; removing political control over EOIR; referring Barr and other DOJ attorneys who are abusing the justice system to bar authorities for possible discipline.

“This ain’t your Momma’s or Papa’s DOJ!” (Or for that matter one that those of us who served in the recent past would recognize.) Its antecedents and “role models” are America’s vile, deadly, discredited Jim Crow era and 20th & 21st Century fascist regimes.

Time for Article III Judges to get out of their ivory towers, stop tiptoeing around Government corruption, dishonesty and misconduct, and start looking at things from the human perspective of the individuals and their courageous attorneys caught up in this legal, moral, and ethical quagmire and fighting not only for their own lives but for the future of our nation! There is and will be “only one right side of history” in this existential struggle!

Due Process Forever; The Corrupt White Nationalist Immigration Agenda Never!

PWS

12-21-19