Tag: Attorney General William Barr

THE GIBSON REPORT — 10-05-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Federal Judge Rules Trump Not A Monarch; More Intentional Cruelty, Lies, & Threats Of Politically-Inspired Racist Attacks On Ethnic Communities From DHS; Trump Regime Dumps On Refugees & Commies; Cert. Granted In Credibility Case Apparently Seeking To Screw Refugees At Request Of SG; & Other “Interesting & Sometimes Disturbing Stuff”⚖️

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

COVID-19

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

 

New

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

 

Closures

 

Guidance:

 

TOP NEWS

 

SIJS Priority Dates

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

 

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

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

 

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

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

 

Pence ordered borders closed after CDC experts refused

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

 

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

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

 

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

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

 

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

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

 

Trump administration puts up billboards of immigration violators in Pennsylvania

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

 

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

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

 

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

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

 

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

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

 

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

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

 

New Jersey Doubles Immigrant Legal Representation Budget

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

 

NY City Council Announces $28.4 Million for Immigrant Services

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

 

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

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

 

LITIGATION/CASELAW/RULES/MEMOS

 

SCOTUS grants cert on asylum credibility case Barr v. Dai

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

 

District Court Issues Preliminary Injunction Halting Implementation of USCIS Fee Rule

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

 

USCIS Issues Update on 2020 Fee Rule Preliminary Injunction

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

 

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

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

 

District Court Issues Preliminary Injunction Halting Proclamation Suspending Entry of Nonimmigrants

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

 

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

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

 

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

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

 

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

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

 

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

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

 

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

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

 

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

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

 

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

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

 

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

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

 

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

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

 

RESOURCES

 

 

EVENTS

 

 

ImmProf

 

Monday, October 5, 2020

Sunday, October 4, 2020

Saturday, October 3, 2020

Friday, October 2, 2020

Thursday, October 1, 2020

Wednesday, September 30, 2020

Tuesday, September 29, 2020

Monday, September 28, 2020

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

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

PWS

10-06-20

 

Related posts:

  1. 🇺🇸THE GIBSON REPORT — 11-02-20 — Prepared By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Trump/Miller Bogus Public Charge Rule Enjoined Again; CBP Turns Back More Than 13,000 Unaccompanied Kids Using COVID-19 As Cover For Child Abuse; John Oliver With The Incredibly Ugly 🤮 Truth About The Trump-Miller Racist Assault On Asylum & Humanity ☠️⚰️— Other News From America Teetering On The Brink After 4-Years Of Trump Regime Misrule, Cruelty, Corruption, & Undermining Of Democracy!🏴‍☠️
  2. THE GIBSON REPORT – 02-10-20 – Compiled by Elizabeth Gibson, Esquire, NY Legal Assistance Group: Deporting to Death; “Orbiting” Immigrants to Laos; “Judges” Failing To Meet Deportation Quotas;  ICE Shoots Man in the Face; Using Force In the Gulag; Federal Judge Outs Regime’s Scofflaw Detainers As Regime Inflicts Arbitrary Punishment on New Yorkers for Resisting Overreach; BIA Tanks Again; EOIR Ups “Aimless Docket Reshuffling;” & Other Tales of Abuse From White Nationalist Nation!
  3. THE GIBSON REPORT ⚖️🗽🇺🇸— 10-26-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — DHS & EOIR Accelerate Trashing Of Due Process, Human Rights In Desperate Push To Re-Elect Trump! — New Report Debunks, Discredits Trump DHS’s Mythical Claim That “Sanctuary Cities” Promote Crime!
  4. ⭐️⭐️⭐️⭐️⭐️⚖️🗽🇺🇸FORMER DEPUTY AG DON AYER, JUDGE MIMI TSANKOV AMONG “HEADLINERS” AT TIMELY UPCOMING NY CITY BAR ASSN. EVENT: “Rule of Law Forum – Preserving the Rule of Law in an Age of Disruption” — Register Now, Right Here!

U.S. JUDGE 👨‍⚖️ 🇺🇸⚖️ THWARTS ICE 🏴‍☠️ EFFORT TO REMOVE INDONESIAN ASYLUM APPLICANT – “Siahaan’s attorneys, Elsy Ramos Velasquez and Patrick Taurel, had argued the arrest was made under false pretenses, without a warrant and in violation of ICE’s policy that typically prohibits agents from making arrests on church property.”

Meagan Flynn
Meagan Flynn
Morning Mix Reporter
WashPost
Photo From Twitter

https://www.washingtonpost.com/local/social-issues/siahaan-immigration-deportation/2020/10/03/ec7f2380-04c2-11eb-897d-3a6201d6643f_story.html

 

By

Meagan Flynn

Oct. 3, 2020 at 3:50 p.m. EDT

A federal judge in Maryland has granted an undocumented Indonesian immigrant temporary reprieve from deportation, ruling Friday evening that immigration authorities cannot remove him from the country until he has a chance to pursue religious asylum.

Binsar Siahaan, a 52-year-old father to two U.S. citizens, attracted considerable support from faith-based activists nationwide after he was arrested by U.S. Immigration and Customs Enforcement last month at his home on the grounds of Glenmont United Methodist Church in Silver Spring, Md. He and his wife, also an undocumented Indonesian immigrant, work there as church caretakers.

ICE arrested an undocumented immigrant on church grounds. They lied to coax him out, family and attorney say.

Siahaan’s attorneys, Elsy Ramos Velasquez and Patrick Taurel, had argued the arrest was made under false pretenses, without a warrant and in violation of ICE’s policy that typically prohibits agents from making arrests on church property. They also argued that Siahaan, who is Christian, should not be deported to majority-Muslim Indonesia until he has a chance to fully pursue religious asylum.

On Friday, U.S. District Judge Paul Grimm agreed, granting Siahaan a preliminary injunction that blocks ICE from removing him from the country until the Board of Immigration Appeals, or a higher federal court, makes a ruling on his pending appeal. Siahaan is being held at a detention center in Georgia, where he was transferred from Baltimore to await deportation. Grimm also ordered ICE to bring him back to Baltimore, where he will remain in custody closer to his family.

“When the ruling came down, we were really relieved,” said the Rev. Kara Scroggins, pastor at Glenmont United Methodist. “We’re glad that he’s closer to home at the detention facility in Baltimore, but we’re going to keep fighting until he’s home with his family.”

ICE could not immediately be reached for comment Saturday but previously said Siahaan was arrested “after he received full due process in the nation’s immigration courts.”

 

. . . .

 

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Read the full article at the link.

 

Hats off to the litigation team and to U.S. District Judge Paul Grimm! By ordering ICE to return Siahaan to Maryland, rather than detaining him in Georgia, generally known as one of the worst places in the “New American Gulag,” Judge Grimm took the kind of effective action necessary to stop the abusive actions of ICE and to guarantee real due process!

 

In a functioning system with an independent U.S. Immigration Court comprised of Judges with expertise in asylum and human rights laws and a commitment to due process and the rule of law, Immigration Judges could take the actions necessary to protect fundamental rights and hold ICE accountable without constant resort to the U.S. District Courts. A “captive” Immigration Court, where Immigration Judges are subservient to Billy the Bigot Barr and pressured to act as “ICE enforcement in robes” ill-serves the national interest! It’s also highly inefficient and wasteful of public resources!

 

Thanks to my good friend Deb Sanders for bringing this incident to my attention!

 

Due Process Forever!

 

 

PWS

10-05-20

Related posts:

  1. WHEN ARTICLE III COURTS FAIL: U.S. “Orbits” Refugee Families To Dangerous Chaos In Guatemala Under Clearly Fraudulent “Safe Third Country” Arrangements As Feckless U.S. Courts Fail To Enforce Constitutional Due Process & U.S. Asylum Laws In Face Of Trump Regime’s Contemptuous Scofflaw Conduct!
  2. HOW “AMERICA’S KILLER COURTS” PROMOTE “CRIMES AGAINST HUMANITY” — HUMAN RIGHTS WATCH: TRUMP & HIS WHITE NATIONALIST SYCOPHANTS & TOADIES TOUT LAWLESS POLICIES THAT VIOLATE LEGAL OBLIGATIONS & HELP KILL, RAPE, TORTURE THOSE RETURNED TO EL SALVADOR — Supremes & Article III Judiciary Complicit In Gross Human Rights Violations! 
  3. COMPLICITY HAS COSTS:  Article III Judges’ Association Apparently Worries That Trump, Barr, GOP Toadies Starting To “Treat Them Like Immigration Judges” — Do They Fear Descent To Status Of Mere Refugees, Immigrants, “Dreamers,” Unaccompanied Children, Or Others Treated As “Less Than Persons” By Trump, 5th Cir., 11th Cir., 9th Cir., & The Supremes’ “J.R. Five?” 
  4. 🏴‍☠️☠️🤮⚰️👎CRIMES AGAINST HUMANITY, “PERPS” ON THE LOOSE! — DOJ Internal Report Shows How “Gonzo Apocalypto” Sessions, Rosenstein, Hamilton Conspired To Separate Migrant Kids In Violation Of 5th Amendment — When Will These Criminals Be Charged & Prosecuted Under 18 USC 242? — NY Times Reports!

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

Tara Bahrampour
Tara Bahrampour
Demographics Reporter
Washington Post

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

 

By Tara Bahrampour @ WashPost:

 

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

 

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

 

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

 

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

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

 

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

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

 

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

 

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

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

 

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

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

 

. . . .

 

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

Read the rest of the article at the link.

 

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

 

PWS

 

10-05-20

 

 

Related posts:

  1. SPRINT TO THE BOTTOM: Trump Administration Trashes Refugees & Human Rights In A Despicable Return To “1939-Style Fascism Lite!” — America’s Rancid Conduct & Negative Leadership Presages Another Worldwide Refugee Tragedy — This Time The Blood Will Be Directly On Our Hands!
  2. 🤡CLOWN CAPITOL:  J.R. PRESIDES OVER GOP CLOWN SHOW HE HELPED CREATE — Empowering The Koch Bros, Suppressing Minority Votes, Enabling GOP Gerrymandering, Ignoring Invidious Racial & Religious Motives, Turning A Blind Eye To Lies & Pretexts, It All Contributed To The Arrogant Display Of GOP Dishonesty & Impunity Now On Public Display In The Senate! — Plus Bonus Friday Mini-Essay: “Profiles in Fecklessness”
  3. SENATORS DEMAND IG INVESTIGATE BIAS, CORRUPTION, GROSS MISMANAGEMENT @ EOIR!
  4. PURE BS 💩 — TRUMP’S “BIG LIE” ABOUT MIGRANT APPEARANCES FOR HEARINGS BOGUS AS $3 BILL 🤮👎🏻— Replacing DHS/EOIR With Rational, Qualified, Fact-Based Governance & Real Judiciary Could Bring Appearance Rate Close To 100%!  — Two Items From ImmigrationProf Blog!

WITH LOTS OF HELP FROM OUR FRIENDS @ ARENT FOX, ROUND TABLE 🛡⚔️⚖️👩🏻‍⚖️🗽STRIKES ANOTHER BLOW FOR DUE PROCESS! — Here’s Our Amicus Brief in Matter of A-M-R-C- — Issue: AG’s Interference With 14-Year-Old Final Asylum Grant!

 

 

Nancy A. Noonan
Nancy A. Noonan
Partner
Arent Fox
D.C.

 

Berin S. Romagnolo
Berin S. Romagnolo
Of Counsel
Arent Fox
Boston
Sara T. Schneider
Sara T. Schneider
Associate
Aren’t Fox
San Francisco
Jake Christensen
Jake Christensen
Associate
Arent Fox
San Francisco

 

2020 0929 AMRC Amicus Brief with Exhibits – Amended POS

In the absence of any justifying change in fact or law, the Attorney General (“AG”) has reopened Mr. Chowdhury’s case fourteen (14) years after he received a final decision on the merits of his claim for asylum following a full evidentiary hearing before the Immigration Judge (“IJ”) and a complete and fair review by the Board of Immigration Appeals (“BIA” or “Board”).
The AG’s invocation of his self-referral authority is wholly improper here. As an initial matter, the AG lacks the authority to reopen and terminate asylum cases once asylum has been granted by an IJ or the Board. But even if the AG had such authority, doing so in this case constitutes ultra vires conduct in violation of Mr. Chowdhury’s due process rights given the excessive and unreasonable delay in referral. The referral is additionally improper because, under the principles of res judicata, there should be a finality and certainty to judgments, particularly where there is no change in fact or law and so much time has passed. In addition, it appears that the AG is succumbing to political pressure from the Executive branch and is reopening the case to align with its foreign policy to aid Bangladesh. Such bias and political motivation is contrary to our immigration system, and indeed our entire legal system. Lastly, the unjustified and excessive delay in reviewing Mr. Chowdhury’s case violates his due process rights and runs contrary to the humanitarian intent of the law.
The AG’s decision to intervene unfairly and unlawfully in a long-settled asylum case infringes the sense of safety, security, and wellbeing of not only Mr. Chowdhury and his family, but also tens of thousands of other asylees who have made their homes in the U.S. in reliance on asylum and protection from persecution and in many cases, violence, in their countries of origin. The Amici Curie respectfully urge the AG to leave Mr. Chowdhury’s asylum case undisturbed, thereby respecting his rights as well, as the rights of the tens of thousands of asylees who have been granted refuge here, and maintaining the fair and impartial adjudication process in place.

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

Read the entire brief at the above link.

Many thanks again to Nancy and her pro bono team at Arent Fox!

Knightess
Knightess of the Round Table

PWS

10-04-20

Related posts:

  1. 🛡⚔️⚖️🗽😎GOOD NEWS, AS ROUND TABLE BESTS BIA AGAIN: 9th Cir. Zaps BIA’s Denial Of Guatemalan Woman’s Asylum & CAT Cases Involving Matter of A-B-! — Diaz-Reynoso v. Barr
  2. PURE BS 💩 — TRUMP’S “BIG LIE” ABOUT MIGRANT APPEARANCES FOR HEARINGS BOGUS AS $3 BILL 🤮👎🏻— Replacing DHS/EOIR With Rational, Qualified, Fact-Based Governance & Real Judiciary Could Bring Appearance Rate Close To 100%!  — Two Items From ImmigrationProf Blog!
  3. REGIME’S NEWEST SCHEME TO SCREW ASYLUM SEEKERS: BOGUS REGS THAT WOULD ILLEGALLY & UNNECESSARILY EXTEND THE GROUNDS OF “MANDATORY DENIAL,” DECREASE ADJUDICATOR DISCRETION, & SHAFT REFUGEE FAMILIES — Regime’s Outlandish “Efficiency Rationale” Fails to Mask Their Cruelty, Racism, Fraud, Waste, & Abuse – Julia Edwards Ainsley (NBC News) & Dean Kevin R. Johnson (ImmigrationProf Blog) Report
  4. LAW YOU CAN UNDERSTAND: Forget The 55 Pages of Butt-Covering BS & Turgid Legal Gobbledegook 🤮 From 7 Supremes Who Don’t Believe in Constitutional Due Process or Racial Equality in America 🏴‍☠️☠️  — Nicole Narea @ Vox Explains in A Few Cogent Paragraphs How 7 Tone-Deaf & Complicit Justices Have Put All Americans of Color Directly in The Crosshairs of Trump’s DHS Enforcement👎🏻!

POLITICS/HEALTH: Bess Levin @ Vanity Fair: The Pandemic Finally Comes Home To The White House

Bess Levin
Bess Levin
Politics & Finance Writer
Vanity Fair

From The Levin Report for Oct. 2, 2020:

On Friday afternoon, Donald Trump’s approach for the entirety of the pandemic, i.e. utter disdain for mask-wearing, social distancing, and taking the advice of experts in general, reached its inevitable conclusion when he was transported to Walter Reed hospital after testing positive for COVID-19 in the early hours of the morning. On top of the president’s escalating health situation, the virus has also infected a number of people with whom Typhoid Donald and others in the administration have come in contact over the last several days, including first lady Melania Trump, adviser Hope Hicks, three members of the White House press corp, a White House staffer, Republican National Committee Chairwoman Ronna McDaniel, and Senator Mike Lee, who spent last weekend rubbing up against anyone in arm’s reach at an event in the Rose Garden to announce Amy Coney Barrett’s nomination to the Supreme Court. And while at this point mandating masks in the White House would be kind of a no-brainer, if not an extreme case of the horse having already left the Oval Office, apparently the administration is planning to just let herd immunity take its course.

Yes, as of Friday afternoon, the Associated Press and the Wall Street Journal were both reporting that the administration still wasn’t requiring employees to wear masks, describing the use of the coverings as “a personal choice,” despite overwhelming evidence that they help stop the spread of the highly contagious disease. As if to really drive home the point that the administration remains hostile toward science and medical expertise, throughout the day numerous officials appeared on camera sans mask, including chief of staff Mark Meadows . . . .

 ********************************

Read/subscribe to the full Levin Report here:

https://vanityfair.us17.listmanage.com/profile?u=5fad3815e951f20a4a17e2c3f&id=f1626e1ce8&e=adce5e3390

Wow! Who would have thought that taking COVID-19 seriously, taking precautions, and wearing a mask would make a difference? Certainly, nobody in the White House!

While some reporters are using the term “surreal” to describe yesterday at the White House, that term would hardly distinguish yesterday from every other day of the Trump Administration. We’ve been living in “The Twilight Zone” for so long that nobody can remember what “normal” was.

 

PWS

10-03-20

Related posts:

  1. 🏴‍☠️☠️⚰️👎🏻DEATH IN THE GULAG:  DHS Racks Up 17th Detainee Kill Of Fiscal Year — Doubling Previous Year’s Body Count ⚰️ With Months To Go As “DUD” Program Hits High Gear! — Death Either Here Or Upon Return To Danger Without Fair Hearings Is The “Ultimate Deterrent” For America’s White Nationalist Regime!
  2. 🤮NO PEACE ON EARTH GOODWILL TOWARD MEN (WOMEN, OR ESPECIALLY CHILDREN) FROM REGIME OF “BAD SANTAS” 🦹🏿‍♂️🎅🏻— Illegally Separated Families Continue To Suffer Irreparable Trauma, 😰 Volunteer Groups 😇🗽⚖️ Left To Pick Up Pieces — A Reminder That Defeated Regime Has Mocked, Disparaged, & Trashed Christ’s Values & Assaulted Humanity Over Four Christmases!🏴‍☠️🤮☠️⚰️👎🏻
  3. ☠️☠️☠️☠️☠️👎🏻👎🏻👎🏻👎🏻👎🏻⚰️⚰️⚰️⚰️⚰️AMERICAN GOVERNANCE APPEARS TO BE IN A DEATH SPIRAL THANKS TO TRUMP KAKISTOCRACY & THE GOP — NOVEMBER COULD BE OUR LAST CHANCE TO AVOID THE FATAL CRASH!
  4. 🏴‍☠️☠️🤮⚰️👎🏻 “PERP NATION” — DHS’S “NEW AMERICAN GULAG” IS A DEATH TRAP FOR MIGRANTS SEEKING JUSTICE — So Why Haven’t Congress & The Federal Courts Required DHS To Comply With The Constitution? — Because We Have The Wrong Folks In Congress & The Federal Courts!

“A Complete Abdication of Our Humanitarian and Moral Duty” – Outside News – Immigration Law – LexisNexis® Legal Newsroom

Syrian Refugee
Syrian Refugee photography work by Bengin Ahmad
Creative Commons License
Dan Kowalski
Dan Kowalski
Online Editor of the LexisNexis Immigration Law Community (ILC)

From Dan Kowalski @ LexisNexis Immigration Community:

 

https://www.lexisnexis.com/legalnewsroom/immigration/b/outsidenews/posts/a-complete-abdication-of-our-humanitarian-and-moral-duty

“A Complete Abdication of Our Humanitarian and Moral Duty”

LIRS, Oct. 1, 2020

“The Trump administration proposed its annual refugee admissions ceiling just before midnight on Wednesday, September 30, committing to resettle just 15,000 individuals in Fiscal Year 2021, which would be the lowest admissions ceiling since the inception of the U.S. Refugee Admissions Program (USRAP).

The announcement comes on the heels of what was previously the lowest level of refugee admissions in American history. For FY 2020, which ended on September 30, the administration had set a goal to welcome just 18,000 refugees, in stark contrast to the average admissions ceiling of approximately 95,000 since the beginning of the USRAP. Despite this historically low target, the administration barely attained 65% of allotted admissions – resettling only 11,814 refugees this fiscal year, according to Lutheran Immigration and Refugee Service.

“In just four years, this Administration has cut the refugee resettlement program from 110,000 to a historic low of fifteen thousand. At a time of unprecedented global need, today’s decision to further cut the refugee admissions ceiling is a complete abdication of our humanitarian and moral duty.” said Krish O’Mara Vignarajah, president and CEO of Lutheran Immigration and Refugee Service, a resettlement agency that has welcomed hundreds of thousands of refugees since 1939. “Let this serve as a wake-up call to those who believe this administration supports avenues of legal immigration. Refugees go through extreme vetting and have done everything our government has asked of them, yet they continue to be met with open hostility and egregious processing delays from this administration”

The record-low admissions figures have also disproportionately impacted certain groups. Admissions of Muslim refugees have declined to just 2,503, down from approximately 38,900 in FY 2016 and approximately 4,900 in FY 2019. Additionally, the Trump administration set aside 4,000 slots for Iraqi allies who assisted U.S. interests in their home country. However, it fell drastically short, resettling only 123 individuals in this category, or just 3% of the admissions goal.

“It shows the tragic extent to which we have abandoned our Iraqi allies who risked their lives, and those of their family members, to assist U.S. government and military personnel,” noted Vignarajah. “This further undermines our diplomatic and military efforts, rendering it nearly impossible to garner support from regional allies moving forward.”

Given FY2020’s record-low admissions numbers and an FY2021 proposed admissions ceiling of only 15,000, refugee advocates are deeply concerned by the human toll on the most vulnerable.

“In real terms, this means that families who have already waited years are forced to postpone reunification. It means that thousands who would otherwise find safety on our shores are left to languish in refugee camps, with no end in sight,” concluded Vignarajah. “This heartless decision is diametrically opposed to our values as a welcoming nation and it dishonors our common humanity at a time of dire need.”

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

Here’s then”Trump Regression” — From international leader, to outlier, to outlaw state!🏴‍☠️

This Fall, vote for a return to humanity and the rule of law!

PWS

10-02-20

Related posts:

  1. 🏴‍☠️☠️🤮⚰️👎CRIMES AGAINST HUMANITY, “PERPS” ON THE LOOSE! — DOJ Internal Report Shows How “Gonzo Apocalypto” Sessions, Rosenstein, Hamilton Conspired To Separate Migrant Kids In Violation Of 5th Amendment — When Will These Criminals Be Charged & Prosecuted Under 18 USC 242? — NY Times Reports!
  2. THE SADNESS OF PROPHECY WITHOUT POWER: Two Years Ago, I Gave A Speech Warning Of The Consequences Of “1939 Germany” — Now, We’re In “Germany 1938” With 1939 Just An Election Away! — Moscow Mitch, Lindsey The Toad, Texas Ted & The Rest Of The GOP Fellow Travelers & Cultists Would Be Right At Home With Franz van Papen!
  3. 👹🎃HALLOWEEN HORROR 🏴‍☠️☠️🤮⚰️👎🏻REICHSREPORT: GRUPPENFUHRER MILLER REVEALS “REICHSPLAN” FOR EXTERMINATION OF IMMIGRATION, ASYLUM, REFUGE BY EXECUTIVE DECREE!  — “The Final Solution??”  — Parents, Protect Your Kids, Families, & Your Country From This Grotesque Un-American Monster!
  4. ⚖️🗽🧑🏽‍⚖️COURTS OF APPEALS CONTINUE TO THROW ROTTEN TOMATOES 🍅 @ BIA’S ANTI-ASYLUM BIAS — Basic Analytical, Legal Errors Continue From Weaponized, Non-Expert “Star Chamber” ☠️ Posing As ”Tribunal!” — Judge Garland Must Fix This Inexcusable, Unnecessary, Systemic Failure Now! — Justice For Persons Of Color & Migrants Can’t “Wait For Godot!”

👨🏻‍⚖️JUDICIARY: GOP Appointed Senior USD Judge John D. Bates Shows What We Used To Expect From Our Federal Judiciary Before The Era Of Biased Righty Zealots — Slams Trump/Billy Bogus Racist “Presidential Commission on Law Enforcement and the Administration of Justice,” Stuffs Release Of Trump White Nationalist Political Propaganda In Guise Of “Report!”

Judge John D. Bates
Hon. John D. Bates
Senior US District Judge, DC
Official USG Photo — Public Realm

https://www.huffpost.com/entry/trump-law-enforcement-task-force_n_5f75fd84c5b6c35a64194768

Ryan J.Reilly reports for HuffPost:

A federal judge on Thursday ordered the Trump administration not to release a report by the Presidential Commission on Law Enforcement and the Administration of Justice, finding that the group ― comprised entirely of current and former members of law enforcement ― had been “far from transparent.”

Senior U.S. District Judge John Bates, a George W. Bush appointee, issued a 45-page ruling finding that commission ― which President Donald Trump announced with fanfare at a police conference last year ― had violated the Federal Advisory Committee Act (FACA), which requires that committees be “fairly balanced” in the viewpoints represented.

Attorney General William Barr said there was a need to hear from a “diversity of backgrounds and perspectives,” but the commission was full of law enforcement officials. Bates’ order requires Barr “to ensure the Commission has a fairly balanced membership.”

Last month, as HuffPost previously reported, an elected prosecutor quit one of the commission’s working groups because he worried that it was “providing cover” for a predetermined law-and-order agenda that “will only widen the divisions in our nation.”

Bates wrote that the commission’s membership “consists entirely of current and former law enforcement officials” and that no commissioner “has a criminal defense, civil rights, or community organization background.”

“Especially in 2020, when racial justice and civil rights issues involving law enforcement have erupted across the nation, one may legitimately question whether it is sound policy to have a group with little diversity of experience examine, behind closed doors, the sensitive issues facing law enforcement and the criminal justice system in America today,” he wrote.

. . . .

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

Read the full article at the link.

YOUR tax dollars being squandered by corrupt AG on White Nationalist political propaganda. But, given that Billy the Bigot is siphoning off money from the public to fund the campaign of a racist President and his racist GOP “party,” that should be little surprise!

Billy is a one-man illegality machine. 🏴‍☠️ But, rarely does a Federal Judge call out his personal illegal and unethical conduct this clearly!

Due Process Forever!

PWS

10-02-20

Related posts:

  1. GEORGE PACKER @ THE ATLANTIC: With Failed Institutions & Lousy Leaders, Including a President Leading the Charge to the Bottom, America Faces An Uncertain Future — “A responsible establishment doesn’t exist. Our president is one of the rioters.” — Joe Biden & The Dems Could Be The Last, Best Hope For American Democracy & Real Progress Toward “Equal Justice For All!”
  2. EX-US JUDGE UNLOADS TRUTH IN USDC FILING ABOUT BILLY BARR’S ATTEMPT TO SUBVERT JUSTICE BY UNDOING FLYNN PROSECUTION: Corrupt, Dishonest, Unethical, Unprofessional – DOJ’s Request to Dismiss Flynn Prosecution is “Preposterous” – Our Police Departments Aren’t The Only Part of Our Foundering, Rudderless, & Disturbingly Ineffective, Racially & Morally “Tone-Deaf” Justice System That Needs Substantial & Meaningful Reform!        
  3. 🤮NO PEACE ON EARTH GOODWILL TOWARD MEN (WOMEN, OR ESPECIALLY CHILDREN) FROM REGIME OF “BAD SANTAS” 🦹🏿‍♂️🎅🏻— Illegally Separated Families Continue To Suffer Irreparable Trauma, 😰 Volunteer Groups 😇🗽⚖️ Left To Pick Up Pieces — A Reminder That Defeated Regime Has Mocked, Disparaged, & Trashed Christ’s Values & Assaulted Humanity Over Four Christmases!🏴‍☠️🤮☠️⚰️👎🏻
  4. 👹🎃HALLOWEEN HORROR 🏴‍☠️☠️🤮⚰️👎🏻REICHSREPORT: GRUPPENFUHRER MILLER REVEALS “REICHSPLAN” FOR EXTERMINATION OF IMMIGRATION, ASYLUM, REFUGE BY EXECUTIVE DECREE!  — “The Final Solution??”  — Parents, Protect Your Kids, Families, & Your Country From This Grotesque Un-American Monster!

🆘🏴‍☠️RELIGION & ETHICS: HELP: TRUMP’S CLAIMS TO SUPPORT RELIGION ARE TOTALLY BOGUS — TRUMP ICE’S ATTACKS ON GENUINE RELIGIOUS COMMUNITIES ARE TOTALLY REAL! — Here’s An Example Of How ICE Disparages Christ’s Humane Message!

 

—–Original Message—–

From: Kara Scroggins <kara@glenmontumc.org>

To: congregation@glenmontumc.org

Sent: Tue, Sep 29, 2020 4:47 pm

Subject: Updates and Actions for Siahaan Family

Good afternoon everyone,

Thank you for your prayers and support this week. In the days leading up to Binsar’s habeas hearing on Friday, we are continuing to build momentum and raise our voices to God and to the people who hold secular power.

Today we gathered at the ICE Field Office in Baltimore and held a demonstration. Three of us were able to gain entry into the building and pressed the staff until they agreed to deliver our bix box of printed petitions to the Field Office Director. The District Commander that I spoke to said he had read about the case in the papers, and we should take it to the National Headquarters in DC. So we will (see below.)

Tomorrow, we are driving calls to elected representatives. Our Maryland Congressional Delegation has said that they are on board, yet in the last two weeks they have been reluctant to speak out publicly on Binsar’s behalf. We are asking them to put their names on the line and to stand with our church, regardless of whether they personally think it will affect meaningful change. I have pasted a script below. You can pass this on to other people, as the phone number lets people enter their zip codes and connect to their own state’s congresspeople.

Thursday, we are planning a faith march from Christ UMC in Southwest DC to the ICE National Headquarters. It is a 1 mile walk. We are inviting ecumenical and multifaith people to join us as we deliver four petitions with a combined total of more than 15,000 signatures. We’ll meet at 8:30am at Christ UMC and will leave for the walk at 9am, and will conclude by 10am.

Friday, Binsar’s habeas hearing is at 2:30pm. I implore you to fast and pray with me from sundown on Thursday through the hearing time on Friday. I have invited the Bishop and other conference leaders to do the same. We cannot be there physically because of the court’s restrictions, but we can be in absolute, focused solidarity.

Thank you again, and let’s keep going.

peace,

rev. kara

CONGRESSIONAL PHONE CALL SCRIPT

Universal Phone Number for Any State: 1-844-332-6361 (you can enter your zip code without listening to the whole message)

My name is __, from ___. I’m calling to ask Senator/Representative _________ to personally and publicly intervene to support a Maryland resident. Binsar Siahaan, an asylum-seeker from Indonesia, has lived in Maryland for over 30 years with his family, including two citizen children. ICE lied to Binsar and arrested him on church grounds. This is an unprecedented attack on faith communities and immigrants of faith.

I’m asking that the Senator call ICE Director Pham and express outrage at ICE’s treatment of Binsar, and ask for his immediate release and approval of his stay of removal.  I also call on the Senator/Representative to initiate an investigation into ICE’s actions in this case, and hold ICE accountable to its sensitive locations policy.

— 

Rev. Kara Scroggins

she/her/hers

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

Trump adheres to no religion except that of greed and “unenlightened self-interest.” Meanwhile, communities of faith actually engaged in carrying out Christ’s message of compassion, redemption, and outreach to the most vulnerable are being attacked by Trump’s ICE to carry out a corrupt, immoral political agenda of hate, racism, and dehumanization of  ”the other.”

This is just the beginning! According to recent reports, Trump’s campaign appendage ICE plans to launch attacks on communities of color and “Democratic” cities in a perverted (and totally illegal and unethical) attempt to bolster Trump’s floundering re-election campaign!

  

Vote ‘Em Out, Vote ‘Em Out!

Vote for Biden,Harris and Democrats for the return of human decency, morality, reasonableness, and ethics to Government!

PWS

09-30-20

PWS

09-30-20

Related posts:

  1. 🤮NO PEACE ON EARTH GOODWILL TOWARD MEN (WOMEN, OR ESPECIALLY CHILDREN) FROM REGIME OF “BAD SANTAS” 🦹🏿‍♂️🎅🏻— Illegally Separated Families Continue To Suffer Irreparable Trauma, 😰 Volunteer Groups 😇🗽⚖️ Left To Pick Up Pieces — A Reminder That Defeated Regime Has Mocked, Disparaged, & Trashed Christ’s Values & Assaulted Humanity Over Four Christmases!🏴‍☠️🤮☠️⚰️👎🏻
  2. HOW “AMERICA’S KILLER COURTS” PROMOTE “CRIMES AGAINST HUMANITY” — HUMAN RIGHTS WATCH: TRUMP & HIS WHITE NATIONALIST SYCOPHANTS & TOADIES TOUT LAWLESS POLICIES THAT VIOLATE LEGAL OBLIGATIONS & HELP KILL, RAPE, TORTURE THOSE RETURNED TO EL SALVADOR — Supremes & Article III Judiciary Complicit In Gross Human Rights Violations! 
  3. PURE BS 💩 — TRUMP’S “BIG LIE” ABOUT MIGRANT APPEARANCES FOR HEARINGS BOGUS AS $3 BILL 🤮👎🏻— Replacing DHS/EOIR With Rational, Qualified, Fact-Based Governance & Real Judiciary Could Bring Appearance Rate Close To 100%!  — Two Items From ImmigrationProf Blog!
  4. 👹🎃HALLOWEEN HORROR 🏴‍☠️☠️🤮⚰️👎🏻REICHSREPORT: GRUPPENFUHRER MILLER REVEALS “REICHSPLAN” FOR EXTERMINATION OF IMMIGRATION, ASYLUM, REFUGE BY EXECUTIVE DECREE!  — “The Final Solution??”  — Parents, Protect Your Kids, Families, & Your Country From This Grotesque Un-American Monster!

😎⚖️👍🇺🇸 GOOD GUYS WIN AGAIN! – Federal Judge Slams Regime’s Absurdist Anti-TPS Interpretation, Reverses Matter of H-G-G-!

 

 

Brittany Bakken, Kelsey Friberg, and I are thrilled to share with you that  Matter of HGG has been reversed.  Of course, the government will appeal.   Nevertheless, a great way to end a Monday.

 

Best regards,

 

 

 

David L. Wilson, Esq.

Managing Attorney

Wilson Law Group

 

Fullo demission here:

HGG – reversed!

_____________________________________________________________________________

Hats off to these fierce “Warriors of The New Due Process Army” 🏆⭐️🥇

David Wilson
David Wilson, Esquire
Managing Attorney
Wilson Law Group, Source: wilsonlg.com

 

Brittany Bakken
Brittany Bakken, Esquire
Senior Attorney
Wilson Law Group
Source: wilsonlg.com
Kelsey Friberg
Kelsey Friberg, Esquire
Associate Attorney
Wilson Law Group
Source: wilsonlg.com

 

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

The case is Hernandez v. Barr, USDC D MN

Not only was the USCIS position a violation of the plain meaning of the statute, as found by Chief Judge Tunheim, it is totally stupid from a policy standpoint! With hundreds of thousands of law-abiding TPS recipients in the U.S., integrated into our society, and contributing to our economy, a rational, non-racist, non-xenophobic Administration would welcome and utilize ways of integrating them into our legal immigration system. Instead, the Trump kakistocracy, wastes time, squanders resources, and violates the law looking for bogus ways to “get to no.” How dumb and counterproductive can it get!

 

Due Process Forever! Kakistocracy never!

 

PWS

 

09-30-20

 

Related posts:

  1. KAKISTOCRACY KORNER🤮👎: “WOLFMAN THE ILLEGAL” CALLED OUT AGAIN – U.S. Judge Stuffs USCIS’s Outrageously Unjustified Fee Increases – Wolfie’s “Illegality” Key To Victory For Good Guys! — ImmigrationProf Blog Reports!
  2. REGIME’S NEWEST SCHEME TO SCREW ASYLUM SEEKERS: BOGUS REGS THAT WOULD ILLEGALLY & UNNECESSARILY EXTEND THE GROUNDS OF “MANDATORY DENIAL,” DECREASE ADJUDICATOR DISCRETION, & SHAFT REFUGEE FAMILIES — Regime’s Outlandish “Efficiency Rationale” Fails to Mask Their Cruelty, Racism, Fraud, Waste, & Abuse – Julia Edwards Ainsley (NBC News) & Dean Kevin R. Johnson (ImmigrationProf Blog) Report
  3. GROSS NATIONAL DISGRACE: “A Fucking Disaster That Is Designed to Fail”: How Trump Wrecked America’s Immigration Courts — Fernanda Echavarri Reports For Mother Jones On How Our Failed Justice System Daily Abuses The Most Vulnerable While Feckless Legislators &   Smugly Complicit Article III Judges Look On & Ignore The Human Carnage They Are Enabling — “ Two days after US immigration officials sent her to Tijuana, she was raped.”
  4. ROUND TABLE CHAMPION 🛡⚔️JUDGE PAUL GRUSSENDORF SPEAKS OUT FROM PERSONAL EXPERIENCES ON REGIME’S IMMIGRATION ATROCITIES, ☠️🤮⚰️ URGENT NEED FOR PRACTICAL HUMANITARIAN REFORMS — “The sham is that no law enforcement body in the country, federal or state, has a zero tolerance policy, simply because no one has the resources to detain, charge, prosecute, adjudicate and jail all offenders. (This stark reality is in fact the reason for the plea bargaining system in criminal court).”

KAKISTOCRACY KORNER🤮👎: “WOLFMAN THE ILLEGAL” CALLED OUT AGAIN – U.S. Judge Stuffs USCIS’s Outrageously Unjustified Fee Increases – Wolfie’s “Illegality” Key To Victory For Good Guys! — ImmigrationProf Blog Reports!

Trump Regime Emoji
Trump Regime, Thieves Thrive on the Public Dole!

 

Tuesday, September 29, 2020

Immigration fee hikes blocked by federal court

By Immigration Prof

 Share

Days before they were to go into effect, a federal court in the Northern District of California issued a national injunction blocking a dramatic fee hike for appliations for naturalized citizenship, permanent residency, asylum, and access to other immigration benefits. The new fees would have made immigration benefits unattainable for many. It would have nearly doubled citizenship from $640 to $1,170; increased lawful permanent residency and related application fees from $1,125 to $2,270; and added a $50 fee for asylum applications (the first time a fee has been assessed for asylum applications). The rule would have also eliminated most fee waivers for immigrants who cannot afford to pay the fees.

 

Judge Jeffrey White ruled that the nonprofit organizations that had challenged the fee increases would be likely to prevail in showing that Wolf’s appointment as Acting Director of the U.S. Department of Homeland Security, without Senate confirmation, violated the rules of succession. As a result, the fees ordered under his stewardship cannot take effect while the litigation progresses. Similar reasoning had been used in a separate lawsuit regarding Ken Cucinelli and his asylum directives.

 

MHC

 

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

MHC = Professor Ming Hsu Chen one of the all-star ⭐️ team of bloggers at ImmigrationProf Blog. Thanks, Professor, for this timely item! These illegal and clearly punitive fee increases were scheduled to into effect at the beginning of October!

Ming Hsu Chen
Ming Hsu Chen
Associate Professor of Law
Colorado Law
Courtesy Appointment in Political Science
Ethnic Studies Faculty Affiliate
Faculty-Director, Immigration and Citizenship Law Program
Photo: ImmmigrationProf/
Col. Law

This is also a great illustration of why, totally contrary to the nonsense GOP party line and folks like GOP-owned Justices Thomas and Gorsuch, the nationwide injunction is an essential tool for achieving justice. According to the GOP’s false dogma, plaintiffs, many pro se, or appearing with pro bono or “low bono” representation, should be required to win their cases before over 650 U.S. District Judges and in 12 Circuits to get effective relief from the Trump regime’s unrelenting war on our Constitution and the rule of law.

 

 

While Trump and his GOP toadies and sycophants spout BS platitudes about “law and order” the truth is simple: This is a party of arrogant, immoral “scofflaws” from top to bottom!

This Fall, vote like your life and our future as a nation depend on it! Because they do! Vote the GOP kakistocracy out at every level! Don’t let their dark & dishonest plans become YOUR future!☠️⚰️

PWS

09-30-20

Related posts:

  1. GROSS NATIONAL DISGRACE: “A Fucking Disaster That Is Designed to Fail”: How Trump Wrecked America’s Immigration Courts — Fernanda Echavarri Reports For Mother Jones On How Our Failed Justice System Daily Abuses The Most Vulnerable While Feckless Legislators &   Smugly Complicit Article III Judges Look On & Ignore The Human Carnage They Are Enabling — “ Two days after US immigration officials sent her to Tijuana, she was raped.”
  2. “POPPYCOCK!” — Conservative U.S. District Judge Richard Leon “Zeroes In” On Racist, Disingenuous, BS Presented In Court By Trump Regime To Justify “Crimes Against Humanity” Committed Against Asylum Seekers By USG! — Contrasts With Disingenuous Enabling Of Racist Immigration Agenda By Supremes’ Majority! — As Reported By “Legal Clairvoyant” 🔮 Jacqueline Thomsen @ NLJ!
  3. PURE BS 💩 — TRUMP’S “BIG LIE” ABOUT MIGRANT APPEARANCES FOR HEARINGS BOGUS AS $3 BILL 🤮👎🏻— Replacing DHS/EOIR With Rational, Qualified, Fact-Based Governance & Real Judiciary Could Bring Appearance Rate Close To 100%!  — Two Items From ImmigrationProf Blog!
  4. REGIME’S NEWEST SCHEME TO SCREW ASYLUM SEEKERS: BOGUS REGS THAT WOULD ILLEGALLY & UNNECESSARILY EXTEND THE GROUNDS OF “MANDATORY DENIAL,” DECREASE ADJUDICATOR DISCRETION, & SHAFT REFUGEE FAMILIES — Regime’s Outlandish “Efficiency Rationale” Fails to Mask Their Cruelty, Racism, Fraud, Waste, & Abuse – Julia Edwards Ainsley (NBC News) & Dean Kevin R. Johnson (ImmigrationProf Blog) Report

BILLY APPOINTS MALPHRUS AS ADDITIONAL DEPUTY CHIEF APPELLATE IMMIGRATION JUDGE (“VICE CHAIR”) @ BIA! — Hard Line, Restrictionist, Anti-Asylum, Anti-Due-Process Jurisprudence Rewarded!🏴‍☠️☠️⚰️

Billy Barr Consigliere
Bill Barr Consigliere
Artist: Pat Bagley
Salt Lake Tribune
Reproduced under license
EYORE
“Eyore In Distress”
Once A Symbol of Fairness, Due Process, & Best Practices, Now Gone “Belly Up”

From the EOIR website: 

Garry Malphrus

Deputy Chief Appellate Immigration Judge

Attorney General William P. Barr appointed Garry Malphrus as a deputy chief appellate immigration judge in September 2020. Judge Malphrus earned a Bachelor of Arts in 1989 from the University of South Carolina and a Juris Doctor in 1993 from the University of South Carolina. From August 2008 to September 2020, he served on the Board of Immigration Appeals, Executive Office for Immigration Review, including as acting board chairman from October 2019 to May 2020. From 2005 to 2008, he served as an immigration judge at the Arlington Immigration Court. From 2001 to 2005, he served as associate director of the White House Domestic Policy Council. From 1997 to 2001, he worked for the U.S. Senate Committee on the Judiciary, which included serving as chief counsel and staff director on the Subcommittee on Criminal Justice Oversight and the Subcommittee on the Constitution. From 1995 to 1997, Garry served as a law clerk for the Honorable Dennis W. Shedd, U.S. District Judge for the District of South Carolina. From 1994 to 1995, he was a law clerk for the Honorable William W. Wilkins of the U.S. Court of Appeals for the Fourth Circuit. From 1993 to 1994, he was a law clerk for the Honorable Larry R. Patterson, Circuit Judge for South Carolina. Judge Malphrus is a member of the South Carolina Bar.

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

No surprise here, folks, as Courtside had predicted this back in May: 

https://immigrationcourtside.com/2020/05/22/%f0%9f%91%82%f0%9f%8f%bb%f0%9f%91%80%f0%9f%a4%abeoir-rumor-mill-doj-honcho-x-oiler-david-h-wetmore-reportedly-will-be-tapped-as-new-bia-chair/

This appears to be the “penultimate step” in the ongoing process of “benching” the long-time “holdover” Vice Chair Chuck Adkins-Blanch. First, he was “passed over” when Judge Malphrus became the BIA’s Acting Chair following the hasty departure of former Chair David Neal. Now, Malphrus basically has been “layered in” to be the “real Deputy,” who will faithfully continue to carry out Billy’s nativist political agenda, presumably until Adkins-Blanch reaches retirement and finally pulls the plug.

Needless to say, Judge Adkins-Blanch’s name has been conspicuously absent from the BIA’s most recent barrage of anti-immigrant, anti-asylum “precedents.” That is, of course, the “precedents” that Billy lets the BIA write as opposed to the ones that he and his fellow political hacks at “Main DOJ” issue as “AG precedents.”

More and more, the AG, whom nobody except, perhaps, a few intentionally tone-deaf Circuit Court of Appeals Judges, would mistake for an “expert” in immigration law, has taken over the BIA’s precedent setting function. That leaves the BIA basically to do the “mop-up work” of maximizing the impact of Billy’s anti-immigrant policies and insuring that just and fair results below favoring immigrants are reversed upon demand of  “EOIR’s masters” at DHS Enforcement.

Talk about the need for an Article I Court with a new cast of characters selected on a merit basis for their demonstrated immigration expertise, and established commitment to due process, fundamental fairness, equal justice, human rights, and practical applied scholarship!  That so many Article III judges continue to “go along to get along” with this vile legal charade says some pretty sad things about the overall state of justice and the judiciary in  America!

An Article I Court requires judicial leadership that replaces “built to fail ‘Vatican Style’ (or “Legacy INS Style”) hierarchical bureaucracy” with professional court administration and a much “leaner and flatter” judicial structure. A judicial structure where most resources are devoted to actually fairly and efficiently deciding cases, establishing “best practices,” and leading by example. That would eliminate  the “Mickey Mouse” demeaning “control freak supervision (“suppression”)” of supposedly senior level “judges” who, if properly selected, would need effective support, but little to no “supervision” in the normal bureaucratic sense of the term. 

In the meantime, expect the backlog to grow unabated and the Article IIIs to continue to reverse and return an essentially random selection of the BIA’s reliably “one-sided” jurisprudence for “redos!” That will further increase the backlog without effectively addressing the fundamental problem of an unconstitutional system with a clearly established anti-immigrant political bias!

Just more signs of an American  justice system now in the throes of institutional failure!

Due Process Forever!

PWS

09-29-20

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  2. ROUND TABLE CHAMPION 🛡⚔️JUDGE PAUL GRUSSENDORF SPEAKS OUT FROM PERSONAL EXPERIENCES ON REGIME’S IMMIGRATION ATROCITIES, ☠️🤮⚰️ URGENT NEED FOR PRACTICAL HUMANITARIAN REFORMS — “The sham is that no law enforcement body in the country, federal or state, has a zero tolerance policy, simply because no one has the resources to detain, charge, prosecute, adjudicate and jail all offenders. (This stark reality is in fact the reason for the plea bargaining system in criminal court).”
  3. 🏴‍☠️☠️🤮👎🏻IN NYT OP-ED, FORMER TRUMP DOJ ATTORNEY ERICA NEWLAND ADMITS COMPLICITY! — Having Undermined Democratic Institutions, Sold False Narratives To (Too Often Willing) Federal Judges, & Participated In Racist-Inspired “Dred Scottification” (“Dehumanization”) Of the Other Is Actually a BIG Deal! — So Is The Destruction Of Due Process & Fundamental Fairness In The Immigration Courts (Now, “Clown Courts”🤡, or “America’s Star Chambers”☠️) 
  4. ⚖️🗽🧑🏽‍⚖️COURTS OF APPEALS CONTINUE TO THROW ROTTEN TOMATOES 🍅 @ BIA’S ANTI-ASYLUM BIAS — Basic Analytical, Legal Errors Continue From Weaponized, Non-Expert “Star Chamber” ☠️ Posing As ”Tribunal!” — Judge Garland Must Fix This Inexcusable, Unnecessary, Systemic Failure Now! — Justice For Persons Of Color & Migrants Can’t “Wait For Godot!”

BILLY’S BIA 🏴‍☠️DUMPS ON EXPERT WITNESSES — As Regime’s False Narratives & Bogus Suppression Of Truth About What Happens To Refugees Returned To Unsafe Countries Becomes Obvious, “Upper Star Chamber” Launches Yet Another Assault On Due Process! — Matter of J-G-T-, 28 I&N Dec. 97 (BIA 2020)☠️⚰️

Matter of J-G-T-, 28 I&N Dec. 97 (BIA 2020)

From the EOIR PIO:

The Board of Immigration Appeals has issued a decision in the Matter of J-G-T-, 28 I&N Dec. 97 (BIA 2020)

(1) In assessing whether to admit the testimony of a witness as an expert, an Immigration Judge should consider whether it is sufficiently relevant and reliable for the expert to offer an informed opinion, and if it is admitted, the Immigration Judge should then consider how much weight the testimony should receive.

(2) In considering how much weight to give an expert’s testimony, the Immigration Judge should assess how probative and persuasive the testimony is regarding key issues in dispute for which the testimony is being offered.

PANEL:  MALPHRUS, MULLANE, and CREPPY , Appellate Immigration Judges.

OPINION BY: MALPHRUS, Appellate Immigration Judge

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

In this case, the BIA sent an asylum grant well-supported by expert opinion back to the IJ for no particular reason other than the DHS didn’t like the result. 

The message: The IJ should always look for reasons to disallow, disbelieve, or diminish the weight of the asylum applicant’s persuasive evidence. The IJ should always be looking for “any reason to deny” asylum applications because that’s what Billy wants from his wholly-owned. “judges.”

To quote my friend and Round Table colleague retired IJ Jeffrey S. Chase:  

[The BIA], McHenry, and Barr are engaging in tag-team destruction of asylum.  So this gives the signal to ignore country experts when their opinions support grants of asylum.  Which was stated more explicitly in the proposed 161-page asylum regs.  And then if the IJ relies on the DOS report, the Board or AG will say the quoted passage was too vague and generalized to support a finding of social distinction or nexus.

The good news is that a number of brigades of the NDPA are hard at work on comprehensive alternative expert country reports that are much more accurate and well-documented than current DOS propaganda. A number of Courts of Appeals already have “called out” the BIA for routinely ignoring evidence and expert opinions favorable to asylum applicants. 

I certainly hope they will see through and expose this rather transparent attempt to further “game the system” against asylum applicants. Actually, under the U.N. Handbook asylum seekers are supposed to receive the “benefit of the doubt.” But, not from this scofflaw regime and their toadies masquerading as “judges.”

It’s also worth noting that this case has already been pending for almost a decade. Obviously, time is no object for EOIR when it comes to looking for ways to deny asylum.

PWS

09-28-20

Related posts:

  1. HALLOWEEN HORROR STORY: Opaque & Biased Politicized Judicial Hiring Denies Migrants The Fair & Impartial Adjudication To Which They Are Constitutionally Entitled – Given The Generous Legal Standards, A Worldwide Refugee Crisis, & Asylum Officers’ Positive Findings In Most Cases, Asylum Seekers Should Be Winning The Vast Majority Of Immigration Court Cases — Instead, They Are Being “Railroaded” By A Biased System & Complicit Article III Courts!
  2. HOW “AMERICA’S KILLER COURTS” PROMOTE “CRIMES AGAINST HUMANITY” — HUMAN RIGHTS WATCH: TRUMP & HIS WHITE NATIONALIST SYCOPHANTS & TOADIES TOUT LAWLESS POLICIES THAT VIOLATE LEGAL OBLIGATIONS & HELP KILL, RAPE, TORTURE THOSE RETURNED TO EL SALVADOR — Supremes & Article III Judiciary Complicit In Gross Human Rights Violations! 
  3. GROSS NATIONAL DISGRACE: “A Fucking Disaster That Is Designed to Fail”: How Trump Wrecked America’s Immigration Courts — Fernanda Echavarri Reports For Mother Jones On How Our Failed Justice System Daily Abuses The Most Vulnerable While Feckless Legislators &   Smugly Complicit Article III Judges Look On & Ignore The Human Carnage They Are Enabling — “ Two days after US immigration officials sent her to Tijuana, she was raped.”
  4. EOIR TARGETS UNACCOMPANIED KIDS FOR DEPORATION RAILROAD!

KAKISTOCRACY🏴‍☠️🤮 REPORT: Many Americans Pay Taxes — “Billionaire” Trump, Not So Much, Or Not At All! — But, He’s Also Tried To Conceal It & Mislead The Public — Just Another Day At The Office For “Don The Con-Man!”

Trump Regime Emoji
Trump Regime

https://www.nytimes.com/interactive/2020/09/27/us/donald-trump-taxes.html

The Times obtained Donald Trump’s tax information extending over more than two decades, revealing struggling properties, vast write-offs, an audit battle and hundreds of millions in debt coming due.

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By Russ Buettner, Susanne Craig and Mike McIntire

Sept. 27, 2020

  • 1701

Donald J. Trump paid $750 in federal income taxes the year he won the presidency. In his first year in the White House, he paid another $750.

He had paid no income taxes at all in 10 of the previous 15 years — largely because he reported losing much more money than he made.

As the president wages a re-election campaign that polls say he is in danger of losing, his finances are under stress, beset by losses and hundreds of millions of dollars in debt coming due that he has personally guaranteed. Also hanging over him is a decade-long audit battle with the Internal Revenue Service over the legitimacy of a $72.9 million tax refund that he claimed, and received, after declaring huge losses. An adverse ruling could cost him more than $100 million.

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The tax returns that Mr. Trump has long fought to keep private tell a story fundamentally different from the one he has sold to the American public. His reports to the I.R.S. portray a businessman who takes in hundreds of millions of dollars a year yet racks up chronic losses that he aggressively employs to avoid paying taxes. Now, with his financial challenges mounting, the records show that he depends more and more on making money from businesses that put him in potential and often direct conflict of interest with his job as president.

The New York Times has obtained tax-return data extending over more than two decades for Mr. Trump and the hundreds of companies that make up his business organization, including detailed information from his first two years in office. It does not include his personal returns for 2018 or 2019. This article offers an overview of The Times’s findings; additional articles will be published in the coming weeks.

The returns are some of the most sought-after, and speculated-about, records in recent memory. In Mr. Trump’s nearly four years in office — and across his endlessly hyped decades in the public eye — journalists, prosecutors, opposition politicians and conspiracists have, with limited success, sought to excavate the enigmas of his finances. By their very nature, the filings will leave many questions unanswered, many questioners unfulfilled. They comprise information that Mr. Trump has disclosed to the I.R.S., not the findings of an independent financial examination. They report that Mr. Trump owns hundreds of millions of dollars in valuable assets, but they do not reveal his true wealth. Nor do they reveal any previously unreported connections to Russia.

. . . .

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

Read the full report at the link.

Duh! According to NBC’s Stephanie Ruhle, an American who actually worked for a living and made $18,000 would pay $760 in taxes. 

Not much of a surprise to those familiar with Trump’s endemic lies, corruption, and dishonesty. You can be sure that whatever lies and misdirection Trump spews forth about this report, it will have little or nothing to do with truth.

PWS

09-28-20

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  3. 🏴‍☠️☠️🤮⚰️👎CRIMES AGAINST HUMANITY, “PERPS” ON THE LOOSE! — DOJ Internal Report Shows How “Gonzo Apocalypto” Sessions, Rosenstein, Hamilton Conspired To Separate Migrant Kids In Violation Of 5th Amendment — When Will These Criminals Be Charged & Prosecuted Under 18 USC 242? — NY Times Reports!
  4. 👹🎃HALLOWEEN HORROR 🏴‍☠️☠️🤮⚰️👎🏻REICHSREPORT: GRUPPENFUHRER MILLER REVEALS “REICHSPLAN” FOR EXTERMINATION OF IMMIGRATION, ASYLUM, REFUGE BY EXECUTIVE DECREE!  — “The Final Solution??”  — Parents, Protect Your Kids, Families, & Your Country From This Grotesque Un-American Monster!

“My Trials: Inside America’s Deportation Factories” — Round Table Star 🌟 Hon. Paul Grussendorf Releases Revised Edition Of His Acclaimed Book 🏆 — Help Him Self-Publish Here!

Hon. Paul Grussendorf
Hon. Paul Grussendorf
U.S. Immigration Judge (Ret.)
Member, Round Table of Former IJs
Author
Source: Amazon.com

 

Paul Grussendorf is organizing this fundraiser.


Creative Arts, Music & Film

  • I am a lawyer specializing in asylum and refugee law. I have taught refugee law at George Washington University, University of San Francisco and Howard University. I have worked with the U.S. government and the UN Refugee Agency in refugee resettlement all over the world, most recently in Rwanda until COVID shut down our interviews. 
  • In 2011 I self-published my legal memoir, My Trials: Inside America’s Deportation Factories, focusing upon the deportation system and my time as an immigration judge. It is time to update the book, given all the changes and destructive policies that have occured in recent years to our asylum system.  The book received great reviews: “My Trials is both a scathing indictment of a broken immigration system that sends vulnerable immigrants back to perilous situations from which they fled, and a heartfelt call for a return to the values upon which our nation was founded.” American Immigration Lawyers Association. It was endorsed by renowned criminal defense attorney Gerry Spence.
  • The budget will include $2000 for editing and formatting, and $3000 for a limited publicity campaign.  I am currently working with an editor to make the book available on Amazon by first week of October, so funds are essential now. It will be available on all other platforms mid-October.
  • This book has been a labor of love and education, and I have not profited from it. I will be tremendously grateful for assistance to make this updated book available at this critical junction in our nation’s history.

Click here it contribute to Paul’s “Go Fund Me” Campaign:

https://www.gofundme.com/f/help-paul-selfpublish-his-immigration-book?utm_source=customer&utm_medium=email&utm_campaign=p_cf+share-flow-1

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

Judge, educator, public servant, humanitarian, author, role model, tireless advocate for due process, fundamental fairness, and equal justice for all: Thanks, Paul, for all you have done and continue to do. It’s a total honor to serve with you on the Round Table!🛡⚔️👍🏼

PWS

09-27-20

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ROUND TABLE 🛡 JOUSTS AGAIN WITH DARK KNIGHTS ☠️  OF THE REGIME ON COURT STRUCTURE REGS!

Hon. Ilyce Shugall
Hon. Ilyce Shugall
U.S. Immigraton Judge (Retired)
Director, Immigrant Legal Defense Program, Justice & Diversity Center of the Bar Assn. of San Francisco.
Jeffrey S. Chase
Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Coordinator & Chief Spokesperson, Round Table of Former Immigration Judges
Judge Joan Churchill
Honorable Joan Churchill
Retired U.S. Immigration Judge
Member Round Table of Retired Judges
Cecelia M. Espenoza
Hon. Cecelia M.Espenoza
Former Appellate Immigration Judge, BIA
Source:
Denverdemocrats.org
Rebecca Jamil
Hon. Rebecca Jamil
U.S. Immigration Judge (Ret.)
Source: Twitter

The Round Table of Former Immigration Judges is composed of 47 former Immigration Judges and Appellate Immigration Judges of the Board of Immigration Appeals. We were appointed by and served under both Republican and Democratic administrations. We have centuries of com- bined experience adjudicating asylum applications and appeals. Our members include nation- ally-respected experts on asylum law; many regularly lecture at law schools and conferences and author articles on the topic.

Our members issued decisions encompassing wide-ranging interpretations of our asylum laws during our service on the bench. Whether or not we ultimately reached the correct result, those decisions were always exercised according to our “own understanding and conscience,”1 and not in acquiescence to the political agenda of the party or administration under which we served.

We as judges understood that whether or not we agreed with the intent of Congress, we were still bound to follow it. The same is true of the Attorney General, Secretary of Homeland Security, and for that matter, the President.

INTRODUCTION

Initially we note that the current practice of reducing the time for notice and comment, severely undermines the ability for the public to digest and comment on rules. The reduction of time to

1 See Accardi v. Shaughnessy, 347 U.S. 260, 266-67 (1954). 1

 

30 days violates the intent of Congress to give full deliberation to regulatory changes. As experi- enced adjudicators, we are in a unique position to contextualize these changes, but even with our experience, the breadth of these proposed regulations should allow for additional time to review and comment.

Next, we note that the Notice of Proposed Rulemaking (NPRM), contains changes that continue to diminish the role and function of the Board of Immigration Appeals (BIA) as an independent adjudicatory body free from political pressure. For example, the granting of certification author- ity to judges who are supposed to be subject to the appellate review of the BIA, does not further the objectives of finality or due process. Further, these rules are slanted in ways that diminish actions and take away tools used by Immigration Judges and Board to manage dockets and en- sure consideration of changed circumstances that might arise for either party. Under the NPRM, the Department of Homeland Security is invited to utilize unlimited power to reopen cases for negative information, and all opportunity for respondents to obtain reopening for new infor- mation have been removed.

In our review we do not object to the clarifications and changes regarding: 1) finality; 2) the ex- pansion of the authority to grant voluntary departure to the BIA; and 3) having cases that only need security checks being placed on hold by the BIA.

However, we do object to: 1) the proposed shortened briefing schedule; 2) simultaneous briefing in non-detained cases; 3) the prohibition from receiving new evidence on appeal, remanding a case for the immigration judge to consider new evidence in the course of adjudicating an appeal, or considering a motion to remand based on new evidence; 4) the elimination of the ability of immigration judges to consider issues beyond the express scope of the remand; 5) giving Immi- gration Judges Certification Authority over BIA decisions; 5) the proposed elimination of admi- nistrative closures; 6) the proposed elimination of the delegation of sua sponte reopening author- ity; 7) removal of BIA certification authority; 8) the imposition of new deadlines and timeframes for adjudication of appeals with those failing to be adjudicated in the specified time being re- ferred to the EOIR Director for adjudication; and 9) the elimination of Immigration Judge review of transcripts.

In short, there is little in the NPRM, that furthers the interests of ensuring a fair and neutral adju- dication. We are concerned with the overall diminishment of the BIA as an appellate body.

Read the full 17-page comment with the names of all the signers here:

BIA restructure regulation comments_FINAL

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

Knightess
Knightess of the Round Table

Many thanks to Ilyce, Jeffrey, Joan, Cecelia, and Rebecca for spearheading this effort!

B/T/W, “diminishment’ is a polite term for “dumbing down!” In this case, “further dumbing down.”

Due Process Forever!

 

PWS

09-26-20

 

Related posts:

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  2. PURE BS 💩 — TRUMP’S “BIG LIE” ABOUT MIGRANT APPEARANCES FOR HEARINGS BOGUS AS $3 BILL 🤮👎🏻— Replacing DHS/EOIR With Rational, Qualified, Fact-Based Governance & Real Judiciary Could Bring Appearance Rate Close To 100%!  — Two Items From ImmigrationProf Blog!
  3. FACT: THE ROUND TABLE 🛡⚔️ HELPS LEAD THE FIGHT AGAINST EOIR CLOWN 🤡🦹🏿‍♂️ SHOW’S “DYING GASP” ASSAULTS 🤮 ON THE MOST VULNERABLE AMONG US! — “Injustice Anywhere Is A Threat To Justice Everywhere!” — Rev. MLK, Jr.
  4. TWILIGHT ZONE: ABSURDITY, CRUELTY, INJUSTICE ARE THE ORDERS OF THE DAY IN “AMERICA’S STAR CHAMBERS” (A/K/A IMMIGRATION “COURTS’)  — Podcaster Sam Graber Takes You Inside The Mind Numbing Reality Of A “Third-World Court System” Operating Right Under Our Noses!