🇺🇸⚖️🗽👍 UW LAW PROFESSOR ERIN BARBATO SPEAKS TO THE MILWAUKEE JOURNAL SENTINEL: Gutsy “Practical Scholar” Goes Where Politicos Fear To Tread, Sees Toxic Human Impact Of Misguided Enforcement Policies!

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

https://www.jsonline.com/story/news/local/2024/04/30/erin-barbato-wisconsin-madison-undocumented-immigrant-justice-clinic-legal-help-deportation/73501762007/

TMJS’s Eva Wen interviews Erin:

. . . .

Under the Trump administration, most of the people we met there [in immigration detention in the Dodge County Jail] had benefits (some protection against deportation) that they were eligible for. They were asylum seekers, people with family ties, or people with DACA (people who were brought to the U.S. when they were children). It would be shocking every time I went to see the number of people that needed representation. They had strong claims to remain in the U.S. and often had family ties. Some were employed at certain jobs for a very long time and had no criminal record.

. . . .

Everybody deserves a fair chance, and legal representation is part of the fair chance.

Most people who have a conviction for an aggravated felony are not going to be allowed to remain in the U.S. But certain individuals are from countries that are unsafe for them to return to, and our laws say we will never deport anybody that will more likely than not be tortured or killed. And these individuals need representation because the stakes are so high.

No one is perfect, and our legal system certainly isn’t perfect. But without legal representation, we cannot ensure that people have their rights and have a fair due process in immigration proceedings.

. . . .

Every day, I witness the politicization of this topic. And political parties are taking on the rhetoric to fearmonger in a lot of ways. I find that horrifying and discouraging.

I can understand why these ads and messaging incite fear and why people can be scared by the messaging, even though the messaging is often untrue. It scares me that that’s what we’re doing to people that I work with everyday, who are mostly families and children who’ve become part of our communities.

. . . .

Q: Tell me more about the work you’re doing in collaboration with others in Colombia.

A: The program is called Safe Passage. It’s a collaboration with Sara McKinnon at the Department of Communications, us at the Law School, and Jorge Osorio at the Global Health Institute.

People often have to take an extremely dangerous journey just to arrive at the southern border to ask for asylum in the U.S. We are looking at whether some alternative, regular routes for migration can be beneficial in decreasing the pressure on the southern border.

. . . .

The last time I was in Colombia, there were people from all over the world. There were people from Afghanistan who probably had very strong claims for asylum. There were people from China, and they generally have very high approval rates for asylum. But in order to seek the benefits under the law, they have no option but to take a very dangerous journey.

So I think if we were able to expand the safe mobility offices in these other countries to process applications from other people who could potentially be eligible, we could ensure safety and take pressures off of the southern border. I think that’s something that everybody wants.

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

Read the complete interview at the link.

Here’s a comment about Erin that I recently received from Professor Juliet Stumpf at Lewis & Clark Law:

I had the pleasure of meeting Erin when we both took students to Tijuana to work with asylum seekers at Al Otro Lado in 2020. She is a wise, kind, and collaborative colleague, and I was lucky enough to benefit from her deep experience and her generosity in sharing it.
Amen to that, Juliet!

 

Another innovative idea that ties into Erin’s work with Safe Passage is “Judges Without Borders” proposed by retired Wisconsin Circuit Judge and fellow UW Law ‘73 grad Judge Tom Lister and me! https://immigrationcourtside.com/2023/12/13/👩🏽⚖️👨🏻⚖️-⚖️🗽judges-without-borders-an-innovative-op/.

Tom and I had the honor of appearing at a recent luncheon at U.W. Law hosted by Erin and her colleague Professor Sara McKinnon to discuss our proposal with students. 

You can find out more about Erin’s and Sara’s amazing work beyond the border with Safe Passage here: https://immigrationcourtside.com/2024/04/22/🇺🇸🗽👏-filling-the-gap-migration-in-the-americas-project-u-w-madison-creative-interdisciplinary-approach-seeks-to-provide-migrants-with-better-info/.

What a difference it makes to hear from experts like Erin and Sara who actually understand the laws, the realities of forced migration, and deal directly with the human trauma caused by short-sighted government  “deterrence only” policies. The latter, promoted by politicos who have lost their moral bearings, intentionally misconstrue or ignore legal protections for migrants while failing to acknowledge or take responsibility for the proven, unnecessary human trauma caused by bad policies like “Remain in Mexico, “Title 42,” and “Mandatory Detention.”

Border Death
This is a monument for those who have died attempting to cross the US-Mexican border. Each coffin represents a year and the number of dead. It is a protest against the effects of Operation Guardian. Taken at the Tijuana-San Diego border. Politicos of both parties avoid discussing the deadly consequences of the proven to fail “deterrence-only policies” they advocate.
Tomas Castelazo
To comply with the use and licensing terms of this image, the following text must must be included with the image when published in any medium, failure to do so constitutes a violation of the licensing terms and copyright infringement: © Tomas Castelazo, www.tomascastelazo.com / Wikimedia Commons / CC BY-SA 3.0

For example, Doctors Without Borders documented in 2020 that the majority of migrants fleeing the Northern Triangle had “experienced the murder, disappearance or kidnapping of a relative before their departure.” https://immigrationcourtside.com/2020/02/12/doctors-without-borders-more-than-two-thirds-of-migrants-fleeing-central-american-region-had-family-taken-or-killed-were-speaking-of-human-beings-not-n/.

That same report showed that “violence against migrants transit[ing] Mexico is escalating, the study found: 39.2% of interviewees were assaulted in the country, while 27.3% were threatened or extorted – with the actual figures likely higher than the official statistics as victims tend not to report crimes committed against them.” 

Yet, despite these facts, politicos of both parties shamelessly press for the reinstitution of these demonstrably harmful, ineffective, immoral, and arguably illegal policies. Never do they acknowledge or discuss the infliction of human carnage they are irresponsibly promoting. Perhaps even worse, the so-called “mainstream media” seldom, if ever, has the integrity to confront these politicos of both parties with the deadly human consequences of the immoral, yet predictably ineffective, actions they advocate!

🇺🇸 Due Process Forever!

PWS

O5-03-24

🏴‍☠️🤯🤮 A CENTURY OF PROGRESS ARRESTED: THE 1924 IMMIGRATION ACT REARS ITS UGLY NATIVIST HEAD AGAIN! — Felipe De La Hoz In The New Republic, Quoting Me Among Others!

Felipe De La Hoz Felipe is an investigative and explanatory reporter focusing on immigration in the U.S. He is a former reporter for the investigative site Documented, and has written for The Village Voice, The Daily Beast, WNYC, The New Republic, The Baffler, and other outlets. He is the co-founder of the weekly immigration policy newsletter BORDER/LINES. PHOTO: The Intercept

https://newrepublic.com/article/180494/america-broken-immigration-system-racist-origins

Felipe writes:

How a little-known, century-old law perpetuated the odious notion that certain types of immigrants degrade our nation’s character

As radical as the contemporary GOP has become in recent years, it remains generally verboten in mainstream circles to openly call for murder. At least, for all but one demographic: migrants, whom Texas Governor Greg Abbott earlier this year lamented he couldn’t order killed. At best, party officials might argue that they are disease-ridden freeloaders; at worst, that they’re a demographic ticking time bomb engineered to wipe out real, white America.

This rhetoric has often been mistaken as a new turn for American political discourse, but it’s more of a return to an earlier era, one cemented by a law signed a century ago this month by Calvin Coolidge: the Immigration Act of 1924, known as Johnson-Reed after its House and Senate sponsors.

. . . .

“Those of us that sort of thought the ’24 act was in the rearview mirror, you know, I think we’ve been proven wrong,” the former immigration judge [PWS] added.

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

Read Felipe’s complete article, containing more quotes from me, at the link.

Texas Border
Abuse of migrants has a long ugly history in Texas and elsewhere along the border. The pushers of the 1924 Immigration Act must be smiling at how their toxic ideas have continued to be accepted and promoted by 21st Century politicos.
Public Realm (1948)

Turning back the clock to the worst impulses in American history is bad stuff! It’s as if we have collectively forgotten the lessons of the World War II age and why it was necessary to defeat Nazi Germany.

🇺🇸 Due Process Forever!

PWS

05-02-24 

🤯🗽 STUART ANDERSON @ THE HILL: DEMS MISSING THE POSITIVE MESSAGE ON IMMIGRATION: “The loudest voices in the room are usually not the ones with the best solutions.”

Stuart Anderson
Stuart Anderson
Executive Director
National Foundation for American Policy

https://thehill-com.cdn.ampproject.org/c/s/thehill.com/opinion/4627011-biden-should-choose-legal-pathways-over-new-restrictions/amp/

Stuart writes in The Hill:

President Joe Biden would make a mistake if he issued a new executive order to block asylum seekers in the hope of improving his election standing. It is unlikely the order would be lawful or effective. Instead, the Biden administration should focus on policies that have worked by expanding legal pathways. Individuals and families allowed to enter lawfully do not immigrate illegally.

The Associated Press reports, “The White House is considering using provisions of federal immigration law repeatedly tapped by former President Donald Trump to unilaterally enact a sweeping crackdown at the southern border.” The effort shows how pressure over the upcoming rematch with Donald Trump influences U.S. immigration policy.

The president may declare that individuals crossing the southwest border are ineligible to apply for asylum. A court would block it, given the experience when Donald Trump tried a similar approach via regulation.

. . . .

America needs workers. A recent study by economist Madeline Zavodny concluded that the slowdown in the working-age foreign-born starting in 2017 under Donald Trump’s immigration policies (and compounded by COVID-19) likely shaved off a significant amount of real GDP growth in 2022. Real GDP growth, or economic growth, is needed to improve living standards.

Zavodny, an economics professor at the University of North Florida, found that U.S. real GDP growth was lower by an estimate of up to 1.3 percentage points in 2022. In other words, the growth rate was only 1.9 percent but could have been as high as 3.2 percent if “the working-age foreign-born population had continued to grow at the same rate it did during the first half of the 2010s.”

Congress should create temporary work visas for year-round jobs in sectors like hospitality and construction to complement the current seasonal visas that cover jobs mostly in agriculture and summer resorts.

The loudest voices in the room are usually not the ones with the best solutions. On immigration policy, those shouting have called for more enforcement measures, even if such policies are ineffective. The Biden administration should focus on a policy that has worked by expanding humanitarian parole programs and other legal pathways.

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

Read Stuart’s full article at the link!

Unfortunately, the Biden Administration has lacked consistent, dynamic, expert leadership on immigration. Consequently, cycles of modest successful positive steps are followed by irrational, failed “deterrence only.”

The Trump Administration turned immigration policy over to notorious White Nationalist restrictionist Stephen Miller and let him have his way. By contrast, the Biden Administration has shown little leadership on this important issue, despite having access to what is probably the greatest intellectual “brain trust” of proven immigration expertise and innovative “practical scholars” in American history!

Preferring to avoid the discussion, the Administration has bounced aimlessly from modest improvements to proven failed cruelty and repression. It’s what happens when an issue of fundamental values that requires vision, courage, consistency, and creative leadership is improperly relegated to the realm of “political strategy” controlled by those who have never personally experienced the human trauma of failed immigration enforcement feeding into a dysfunctional, due-process-denying “court system.”

Stuart understands the issue far better than anyone I’m aware of in Administration leadership. The Biden campaign should “give him a call” and heed his advice!

🇺🇸 Due Process Forever!

PWS

04-30-24

🇺🇸⚖️🗽 MARYLAND IMMIGRANT LEGAL ASSISTANCE PROGRAM (“MILAP”) HELPS KIDS FACING THE TRAUMA OF OVERWHELMED IMMIGRATION COURTS!

Cate ScennaDirector of PBRC's Maryland Immigrant Legal Assistance Project (MILAP)
Cate Scenna
Director of PBRC’s Maryland Immigrant Legal Assistance Project (MILAP)
PHOTO: Linkedin

From the Pro Bono Resource Center of Maryland:

Cate Scenna, Director of PBRC’s Maryland Immigrant Legal Assistance Project (MILAP), and Bill Meyer, a longtime volunteer with MILAP, spoke to the Baltimore Banner about the state of the Baltimore Immigration Court, and how the overwhelmed system is affecting asylum seekers’ lives.  

“One group — attorneys with the Pro Bono Resource Center of Maryland — has established a presence on the fourth floor of the George Fallon Federal Building, where the immigration court in Baltimore is located. This is where the five Salvadoran sisters waited.” 

Read more the growing and persistent need for pro bono representation at the Baltimore Immigration Court: https://lnkd.in/et63PTxe

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

A system that lets kids face Immigration Court alone has lost touch with justice and common sense.

🇺🇸Due Process Forever!

PWS

04-28-24

🇺🇸🗽⚖️👍 REPORT FROM KANSAS CITY! — The Sharma-Crawford Clinic Immigration Court Trial Advocacy College Reaches New Heights!

Rekha Aharma-Crawford
Rekha Sharma-Crawford ESQUIRE
Partner and Co-Founder Sharma-Crawford Law
Kansas City, KS

Rekha Sharma-Crawford writes in Linkedin:

The Clinic at Sharma-Crawford Attorneys at Law Immigration Court Trial Advocacy College Faculty, 2024. Kick ass trial lawyers sharing their wisdom and knowledge to elevate the practice before the immigration courts. Blessed to call them all friends! Thank you my friends!! 🙏🏽🗽⚖️💕 

Sharma-Crawford Faculty 2024
Sharma-Crawford Faculty 2024

 

Paul Schmidt Lory Rosenberg Elina Magaly Santana Erich Straub Michael Sharma-Crawford Kelli Stump Lindsay Gray David Bell Kelly Driscoll Nathan Dayani Davorin Odrcic Michelle Saenz-Rodriguez Sarah Owings Genevra Alberti Susan Roy Patrick Lewis Angel Marie Graf

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

Immigration Court Trial Advocacy College Defensive Asylum Day 2! 

 

Sharma-Crawford 2024 Day 2
Sharma-Crawford 2024 Day 2
Sharma-Crawford 2024 Day 2
Sharma-Crawford 2024 Day 2

It’s incredible to witness the dedication and passion of our attendees as they dive into the world of defensive asylum cases.

 

#TheClinicSCAL #KansasCity #TrialCollege …see more

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

Sharma-Crawford
The Clinic @ Sharma-Crawford Law

Immigration Court can, quite intentionally on the part of its “political handlers,” be intimidating, particularly for newer litigators.

Among the many “user unfriendly/due process denying features:”

  • Arbitrary, “make ‘em up as you go along” rules that apply to individuals, but not to DHS or EOIR;
  • Cosmically inconsistent adjudications;
  • Lack of universal asylum expertise among judges at both the trial and appellate levels;
  • Institutional bias against asylum seekers and failure to follow generous precedents such as Cardoza-Fonseca and Mogharrabi;   
  • Shifting political priorities driving “Aimless Docket Reshuffling” and creating unmanageable backlogs;
  • Permissive lack of discipline at DHS in intentionally overloading system; 
  • Grotesque overemphasis of “bogus productivity” over due process, quality, and fundamental fairness; 
  • One-sided “disciplinary procedures” that give DHS counsel a “free pass;” and
  • A “permissive culture” of racial bias and “any reason to deny” decision-making.  

Yet, despite this intentional, unethical “tilting of the playing field’ against migrants, particularly asylum seekers of color, and their representatives, well-represented individuals win their cases against the odds at all levels of this system every day! 

The faculty of the Sharma-Crawford Immigration Court Trial College is a unique blend of experienced, hard-nosed, gutsy, immigration advocates, criminal defense attorneys, former prosecutors and judges, teachers, and coaches. We teach skills and instill fearless attitudes that have proven to be successful in criminal, civil, and immigration litigation!

 The Trial College now has more the 150 “alumni” nationwide who are using their enhanced talents to force due process on a reluctant system, save lives, and “build America,” one case at a time!  The “Class of 2024” was larger than usual and showed exceptional seriousness, dedication, creativity, and commitment to changing the course of American Justice for the better at the oft-ignored but existentially important “retail level.”

I was particularly pleased to be “reunited” on the faculty with my colleagues and “EOIR Alums” retired Judges Lory Rosenberg, Sue Roy, and “new recruit” Ed Kelly! I also appreciate the courtesy of Assistant Chief Immigration Judge Jayme Salinardi and the  Kansas City Immigration Court in arranging for the students and faculty to observe some Master Calendar hearings.

I am privileged to be part of this amazing and inspiring multi-disciplinary effort! Thanks to Rekha Sharma-Crawford, Michael Crawford, Genevra Alberti, and the Clinic Staff for their leadership in making this happen!😎

Genevra W. Alberti, Esq. The Clinic at Sharma-Crawford Attorneys at Law
Genevra W. Alberti, Esq.
The Clinic at Sharma-Crawford Attorneys at Law
Kansas City, Mo.
PHOTO: The Clinic

🇺🇸 Due Process Forever!

PWS

04-27-24

⚖️🗽‼️ ATTENTION NDPA LITIGATORS! — Hamed Aleaziz, Immigration Reporter @ The NY Times Wants To Speak With YOU About The Dysfunctional Mess Facing Asylum Seekers & Their Representatives @ EOIR!

Hamed Aleaziz
Hamed Aleaziz
Immigration Reporter
NY Times

Hamed posted on LinkedIn:

We are looking to connect with immigration attorneys who have clients who crossed the border in recent years and have sought asylum in immigration court.

Specifically, we are looking to talk to asylum-seekers who have waited years/months for their cases to be heard in immigration court and are STILL waiting for a final decision.

Please comment or send me a message if you have a client who would be interested in speaking with us.

Here’s the link to LinkedIn:

https://www.linkedin.com/feed/update/urn:li:activity:7188327072870682624?updateEntityUrn=urn%3Ali%3Afs_feedUpdate%3A%28V2%2Curn%3Ali%3Aactivity%3A7188327072870682624%29

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

I want you
. . . To tell Hamed Aleaziz at The NYT the truth about the “under the radar” mess at EOIR that is systemically treating those with valid claims and sound defenses unfairly and threatens, with its unrelenting disorder and “deterrence bias,” to destabilize the entire U.S. Justice System!
Public Domain

The (largely avoidable), backlog building, due-process-denying mess at Garland’s EOIR is one of the “unsung drivers” of bad immigration policies and myths about migrants, particularly asylum seekers.

To the extent that this glaring problem is covered at all by the so-called “mainstream media,” it’s usually superficial: reference to the 3.5 million case backlog, long delays, and the need for more Immigraton Judges and court personnel. 

Here’s your chance to correct that “cosmetic coverage” by giving Hamed input on the overall unfairness, unnecessary inefficiencies, “user-unfriendliness,” and grotesque lack of overall legal expertise, consistency, and common sense in this broken system! It has improperly become a tool of “deterrence” in behalf of DHS Enforcement and has lost sight of its only proper role of insuring Constitutionally-required due process and fundamental fairness for individuals coming  before the Immigration Courts!

🇺🇸 Due Process Forever!

 

PWS

04-25-24

 

🗽⚖️ TALIA INLENDER IN THE L.A. TIMES:  A Better Immigration System Is Possible, But It Would Take Political Will On the Part Of An Administration That Appears To Be “Walking (Or Running) Away” From Equal Justice For All!

Talia Inlender is deputy director of the Center for Immigration Law and Policy at UCLA School of Law.
Talia Inlender
Deputy Director of the Center for Immigration Law and Policy at UCLA School of Law
PHOTO: UCLA

https://www.latimes.com/opinion/story/2024-04-21/immigration-court-representation-jose-franco-gonzalez

On a sunny January morning, in the windowless office of a nondescript government building, Jose Franco Gonzalez was sworn in as a United States citizen. There is not a lot of good news in immigration these days, with President Biden doubling down on proposals that would gut remaining asylum protections and former President Trump threatening mass deportations. But Franco’s story is a reminder that a better immigration system remains possible. His experience points toward a path for getting there.

. . . .

No system is perfect, and this one is no exception. There remain significant gaps in screening and identification, competency assessments are often done by judges without the aid of professional mental health evaluations, and people still languish in immigration custody for months or longer as their cases wind through the system. And, to our collective shame, the right to legal representation has not been extended to any other groups in immigration proceedings, including children. Still, there is no question that Franco’s namesake litigation not only changed the course of his own life, but also created a sea change in an immigration system that often feels impossible to move toward justice.

The next positive changes may be harder to win in the courtroom, and almost certainly won’t come from the halls of this Congress. But the Biden administration has the power to make good on its promise of a more humane immigration system, including by extending the National Qualified Representative Program to other groups, among them children and families. No court order or act of Congress is required to do so, just political will. And, of course, dollars: Diverting from the nearly $3 billion spent annually on immigration detention is a good place to start.

States and localities can also play a crucial role in expanding legal representation as well as other protections in the face of federal gridlock. And immigrant organizing, especially among youth, will continue to break open new paths for change. As we head into another election cycle in which the demonization of immigrants and the failures of our current system take center stage, Franco — now a U.S. citizen — is living proof that a better immigration system is possible.

Talia Inlender is deputy director of the Center for Immigration Law and Policy at UCLA School of Law.

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

Read Talia’s full op-ed at the link.

Thanks, Talia, for all you do, and for sharing this inspiring “real life saga!” It’s always helpful to know “the rest of the story,” especially when there is a “happy ending.”

The Franco case is a “biggie” in modern immigration due process impact jurisprudence! While it didn’t apply in Arlington, Virginia, where I was sitting as a judge, I certainly remember colleagues assigned to do “TV Court” in 9th Circuit jurisdictions speaking about doing “Franco hearings!”

For a fraction of the cost of more cruel and counterproductive enforcement gimmicks being pushed by both parties in this election year, our nation could make real improvements in the immigration justice system, particularly at EOIR. Tragically, there appears to little political will to do the right (and smart) thing here!

🇺🇸 Due Process Forever!

PWS

04-23-24

⚖️🗽 SPECTACULAR NDPA OPPORTUNITY: GENDER-BASED ASYLUM LITIGATION — Sharpen Your Skills With This Two-Part Webinar From Tahirih Justice Center, Featuring Experts Maria Daniella Prieshoff, Monica Mananzan (CAIR Coalition), & Judge (Ret.) Lisa Dornell (Round Table) — April 23, April 25!

Due Process is a true team effort!PHOTO: Tahirih Justice Center
Due Process is a true team effort!
PHOTO: Tahirih Justice Center

Maria Daniella Prieshoff writes on LinkedIn:

Maria Daniella Prieshoff
Maria Daniella Prieshoff
Managing Attorney
Tahirih Justice Center
Baltimore, MD
PHOTO: Tahirih

Want to level up your #advocacy skills for your #genderbased #asylum cases in #immigrationcourt?Want to learn from a real immigration judge the basics of presenting your case before the immigration court?Then join me for Tahirih Justice Center’s”Advancing Justice: Gender-Based Violence Asylum Litigation in Immigration Court” webinar series!

Monica Mananzan
Monica Mananzan
Managing Attorney
CAIR Coalition
PHOTO: Linkedin

Part 1 of the series is on April 23, 12-1:30pm. It will focus on the case law and strategy you’ll need to present your best gender-based asylum case, including how to handle credibility, competency, and stipulations.Monica Mananzan from CAIR Coalition will join me in this webinar. To register for Part 1: http://bit.ly/3xvwPyt

Honorable Lisa Dornell
Honorable Lisa Dornell
U.S. Immigration Judge (Retired)
Member, Round Table of Former Immigration Judges

Part 2 of the series is on April 25, 12-1:30pm. Retired Immigration Judge Lisa Dornell will explain the best practices of litigating gender-based asylum cases before an immigration judge, as well as recommendations for direct examination, cross-examination, and how to handle issues with a client’s memory, trauma, or court interpretation.To register for Part 2: https://bit.ly/3PXJqRn

Please share with your networks!Our goal for this webinar series is to help pro bono attorneys and advocates enhance their the advocacy for #genderbasedviolence to have #immigrationjustice – we’d love for you to join us!

Registration Links here:

https://www.linkedin.com/posts/maría-daniella-prieshoff-61884435_advocacy-genderbased-asylum-activity-7183838321515626498-byB_?utm_source=combined_share_message&utm_medium=member_desktop

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

Wonderful learning opportunity! Many thanks to everyone involved in putting it together! 

Trial By Ordeal
Litigating gender-based asylum cases can still be an “ordeal” at EOIR, despite some decent precedents. Learn how to avoid this fate for your clients!
17th Century Woodcut
Public Realm
Source: Ancient Origins Website
https://www.ancient-origins.net/history/trial-ordeal-life-or-death-method-judgement-004160

Wonder whatever happened to the “gender-based regulations” that Biden ordered to be drafted by Executive Order issued shortly after taking office? At this point, given his “lobotomized/running scared/retrograde/Trumpy Lite” position on asylum seekers and immigrants’ rights, probably just as well that they died an unheralded bureaucratic death (just as similar assignments have in the last three Dem Administrations over a quarter century).

Outside of a few Immigration Judges, who, because they understand the issue and have worked with asylum-seeking women, would never be asked anyway, I can’t really think of anyone at DOJ who would actually be qualified to draft legally-compliant gender-based regulations!

GOP are misogynists. Dem politicos are spineless and can’t “connect the dots” between their deadly, tone-deaf policies and poor adjudicative practices aimed at women of color in the asylum system and other racist and misogynistic polities being pushed aggressively by the far right! While, thankfully, it might not “be 1864” in the Dem Party, sadly, inexplicably, and quote contrary to what Biden and Harris claim these days, it’s not 2024 either, particularly for those caught up in their deadly, broken, and indolently run immigration, asylum, and border enforcement systems!

🇺🇸  Due Process Forever!

PWS

04-11-24

💎 ANOTHER “UNPUBLISHED GEM” UNEARTHED BY HON. “SIR JEFFREY” CHASE — 2d Cir. Says “Undue Delay By BIA” Could Overcome “Aging Out” In 42B Cancellation Case!  

Jeffrey S. Chase
Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Coordinator & Chief Spokesperson, Round Table of Former Immigration Judges

https://ww3.ca2.uscourts.gov/decisions/isysquery/659feed6-c58f-40f6-8494-5a46352ff341/6/doc/23-6231_so.pdf#xml=https://ww3.ca2.uscourts.gov/decisions/isysquery/659feed6-c58f-40f6-8494-5a46352ff341/6/hilite/

Cruz v. Garland:

Nevertheless, Cruz argues correctly that Isidro-Zamorano, 25 I. & N. Dec. 829, leaves open the possibility for adjudication of the merits of a cancellation application where the qualifying relative aged out of qualifying status because of undue procedural delays. As explained below, the facts are unclear as to why briefing and decision were delayed. As such, we remand for the BIA to address in the first instance whether the delays on appeal in this case were undue and attributable to the agency, and if they were, for the BIA to review the IJ’s denial of cancellation of removal in the first instance.

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

This is yet another in a long list of examples of how the Circuit actually did a better job than the BIA of locating, understanding, and following binding BIA precedent potentially favorable to the respondent!

I wouldn’t bet on today’s BIA adopting on remand an interpretation favoring the applicant, even though, as pointed out by the Second Circuit, such an interpretation would be legally possible. Perhaps, this is a case where amici need to “weigh in” before the BIA on remand.

In my mind, it also raises questions of whether the numerous unnecessary delays, backlogs, and confusion caused by the BIA’s failure to follow the statutory language on the “stop time rule” for 42B cancellation, as twice found by the Supremes, could be categorized as “unnecessary — and totally foreseeable — delay?” Both courts and advocates warned the BIA — in vain — that ignoring the clear language of the statute was a huge mistake that would create more unnecessary disorder in the already dysfunctional EOIR system! But, in their haste to rule in favor of DHS Enforcement, the BIA once again ignored the experts.

🇺🇸 Due Process Forever!

PWS

04-07-24 

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

ADDENDUM FROM “SIR JEFFREY:”

“Thanks, Paul (and hi to everyone!), but credit to Ray Fasano for flagging this.

Best, Jeff”

Thanks, Ray!

H. Raymond Fasano, Esquire
H. Raymond Fasano, Esquire
PHOTO: Super Lawyers Profile

 

⚖️ ROUND TABLE’S HON. JOAN CHURCHILL WILL LEAD AN ALL-STAR 🌟 PANEL FOR AN ABA CLE WEBINAR ON ARTICLE I: PRESERVING DUE PROCESS & THE RULE OF LAW — Wednesday, April, 17 @ 1:00 PM EST — Registration Link Here!

Judge Joan Churchill
Honorable Joan Churchill
Retired U.S. Immigration Judge
Member Round Table of Retired Judges

Here’s the registration link: https://www.americanbar.org/events-cle/mtg/web/438313794/

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

Thanks for forwarding this, Joan, and for your decades of leadership and work on Article I!

🇺🇸 Due Process Forever!

PWS

04-05-24

🇺🇸🎖️⚖️🗽 😇 R.I.P. — PETER SCHEY (1947-2024) — Legendary Litigator, Human Rights Advocate, Champion Of Equal Justice For All, Founded National Immigration Law Center, Center For Human Rights & Constitutional Law

 

Tribute by Juan Jose Gutierrez* in LA Education:

https://laeducacion.us/fallecio-peter-schey-apostol-legal-de-millones-de-inmigrantes-mexicanos-y-latinoamericanos/

Attorney Peter Schey (1947-2024)
Attorney Peter Schey (1947-2024)

The Angels.

Today [April 2] at 1:15 in the afternoon the heart of a giant of jurisprudence stopped beating. He alludes to the lawyer defending human rights, civil rights and constitutional law, the great friend of Mexico and Latin American immigrants, lawyer Peter Schey. He was 77 years old.

Schey was born in the Republic of South Africa, on March 23, 1947. He came with his parents, who emigrated to the United States. Upon graduating from high school in 1966, he applied for and was admitted to pursue a bachelor’s degree in psychology at the University of California, Berkeley, where he graduated in 1970. Additionally, in 1973 he completed his studies in law school at the California Western School. of Law.

His career as a jurist began in 1973. He practiced law at the Legal Aid Society of San Diego, where he had legal representation of low-income immigrants, until 1978, when he moved to the City of Los Angeles, where he founded the National Immigration Law Center.

Desire for justice motivated him to move from San Diego to LA

The main reason that prompted him to leave the City of San Diego was related to the arrest of Mexican activist José Jacques Medina. He had been arrested and imprisoned by agents of the Federal Bureau of Investigation (FBI).

Due to his undocumented status, the FBI handed him over to the Department of Immigration and Naturalization (INS) to immediately deport him to Mexico. Jacques Medina’s wife, Rosario Moreno, traveled from Los Angeles to San Diego to ask Schey to assume the legal defense of her husband.

He immediately accepted and took on the defense with passion and professionalism, which would last for a dozen years until in 1989 or 1990 his case was closed because Jacques Medina requested and obtained his immigration regularization through the “Amnesty Law” of 1986. During that period, the defense stopped his deportation under consideration of the defendant’s right to asylum. He argued that if he were returned to Mexico his life was in danger.

Founded legal institution of historical significance

In 1980, Schey founded and became president and CEO of the Center for Human Rights and Constitutional Law. He remained at the head of this important institution for 44 years and 4 months.

In these four decades, Schey filed Class Action lawsuits in favor of the constitutional rights of millions of immigrants from various parts of the world, but especially Mexicans and Latin Americans. I will mention three examples:

1.- In 1994, the Californian political extreme right adopted a fascist, racist and cruel policy against undocumented immigrants and created Proposition 187, which was approved by a majority of the state electorate in November of that year. This resolution denied medical care, social services and education to people suspected of having entered California irregularly.

However, the day after its approval, this ordinance was stopped in court by a lawsuit led by Peter Schey and known as League of United Latin American Citizens v. Wilson. After a severe legal battle, this very important lawsuit prevented said proposal from being implemented, which meant a major offense to the migrant community. In July 1999, Democratic Governor Gray Davis reached an agreement with leaders of pro-immigrant organizations and his lawyers and gave up appealing the decision of the Ninth Circuit Court of Appeals that had declared it unconstitutional. And therefore, this disastrous Proposition was canceled without it ever being able to be implemented.

2.- Another legal case, known under the title Flores v. Reno established a minimum standard of quality of life for undocumented immigrant children detained in the United States and recognized the Center for Human Rights and Constitutional Law as the only nongovernmental organization authorized to certify that detention centers housing any undocumented minor met the agreed minimum standards and also established the prompt release of the minors and that they could be delivered to relatives residing in the United States as soon as possible.

3.- I cannot close this remembrance of Schey without mentioning the case known as Plyler v. Doe. Schey participated in this lawsuit and it was filed because in 1977 the State of Texas ordered that in the public school system, children who did not provide proof of being citizens of the United States would have to pay the school district, to which their school belonged, one thousand dollars. or would not be allowed access to the instruction.

In 1982, the US Supreme Court ruled that ‘a state cannot prevent the children of undocumented immigrants from attending public school.’

With these three examples, among many others that could be cited, it is clear that millions of undocumented girls and boys and workers must be eternally grateful to benefactor Peter Schey because thanks to his efforts in the courts, today they enjoy legal protections.

In short, thanks to his social education, his effort, persistence and tenacity as a general of immigration laws and constitutional law, as our great colleague Peter Schey undoubtedly was, countless immigrants can enjoy a decent life.

*Juan José Gutiérrez is executive director of the Full Rights Coalition for Immigrants based in Los Angeles.

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

Needless to say, I butted heads with Peter a number of times during my tenure in the Office of General Counsel at the “Legacy INS” (1976-87).  I always had the greatest respect for his legal talent, courage, dedication, and persistence! He will be missed! But, his contributions to the law and the organizations he founded live on.

🇺🇸 Due Process Forever!

PWS

04-04-24

⚖️ BIA EXPANDS TO 28 APPELLATE JUDGES! — PLUS BONUS COVERAGE: “Lest We Forget: The Ashcroft Purge of the BIA!”

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

Dan Kowalski reports:

This document is scheduled to be published in the Federal Register on 04/02/2024

“On April 1, 2020, the Department of Justice (“the Department” or “DOJ”) published an interim final rule (“IFR”) with request for comments that amended its regulations relating to the organization of the Board of Immigration Appeals (“Board”) by adding two Board member positions, thereby expanding the Board to 23 members. This final rule responds to comments received and adds five additional Board member positions, thereby expanding the Board to 28 members. The final rule also clarifies that temporary Board members serve renewable terms of up to six months and that temporary Board members are appointed by the Attorney General. DATES: This rule is effective on [April 2, 2024].”

[Note: Applicants are encouraged to apply NOW on the theory that spillover from the applicant pool for the current openings here and here might be considered for the additional five slots.]

Daniel M. Kowalski

Editor-in-Chief

Bender’s Immigration Bulletin (LexisNexis)

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

Ironically, particularly for those of us directly affected, the BIA had 23 authorized members a little over two decades ago! 

Then, the infamous “Ashcroft purge” cut that number back to 12, citing bogus “efficiency grounds” to cover a scheme that ousted those BIA Judges who consistently stood up for due process, fundamental fairness, and migrants’ legal rights! 

That sent the EOIR system into a tailspin which shook the Circuit Courts when almost immediately flooded with a tidal wave of deficient EOIR decisions, particularly relating to erroneous “adverse credibility rulings.”

The emasculated BIA, of course, rapidly proved too small to function in even a minimally competent manner. To “cover up” the adverse effects of Ashcroft’s political scheme, and to conceal the institutional failures of DOJ to protect individual rights of migrants, particularly those of color, Administrations of both parties resorted to the “gimmick” of quietly appointing “Temporary Board Members” from among BIA senior staff to keep the ship (sort of) afloat. Temporary Board Members were not allowed to vote at en banc conferences, had uncertain tenure, and had every incentive not to dissent or otherwise “rock the boat” if they wanted to compete for future “permanent” vacancies. (Although, arguably, the whole point of the Ashcroft purge was that all BIA judges were essentially “temporary” in the eyes of a GOP AG).

Over the decades following the purge, the DOJ gradually added permanent BIA Judge positions, without ever publicly acknowledging Ashcroft’s political scheme and its debilitating effects.

For a comprehensive history of the now long-forgotten “Ashcroft purge” at the BIA, see Peter Levinson’s scholarly masterpiece “The Facade of Quasi-Judicial Independence In Immigration Appellate Adjudications,” linked here:  https://immigrationcourtside.com/2018/05/17/courtside-history-lest-we-forget-the-ashcroft-purge-at-the-bia-in-2003-destroyed-the-pretext-of-judicial-independence-at-eoir-forever-heres-how-read-peter-levinson/

🇺🇸 Due Process Forever!

PWS

04-02-24

⚖️ STANFORD CLINIC VICTORY SHOWS WHY COUNSEL ESSENTIAL FOR DUE PROCESS!

Star Chamber Justice
Unrepresented individuals often find themselves at a severe disadvantage in Garland’s dysfunctional Immigration Courts!

https://law.stanford.edu/immigrants-rights-clinic/cases/matter-of-m/

The clinic assisted M, a lawful permanent resident (“green card” holder) from Fiji who has lived in the United States with his family for the past 21 years. M had some minor brushes with the criminal justice system as a young adult, and DHS alleged that the government could deport M based on a 1999 conviction. M’s removal case was dismissed after the clinic submitted a brief on his behalf to immigration court arguing that M’s 1999 conviction could not lead to his deportation under Ninth Circuit case law.

Melinda Koster (’11) and Shira Levine(’11) moved to dismiss the deportation proceedings against M arguing that DHS failed to meet its burden of proof under the federal immigration laws. After extensive strategic thinking, legal research and consultation with their client, Melinda and Shira submitted a legal brief to the immigration court arguing that M’s 1999 conviction could not lead to his deportation under Ninth Circuit case law. The Immigration Judge agreed with Melinda and Shira’s reasoning and ruled that the government cannot deport M. This victory built on the success of Orion Danjuma (’10) and Jenny Kim (’11), who previously defeated DHS’s initial charge that M.A. was removable as an “aggravated felon,” a classification that would have resulted in almost certain deportation to Fiji.

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

No possible way an unrepresented individual could have prevailed! It would have been a “slam dunk” for DHS.

Yet Article IIIs, Congress, the Administration all insist that due process doesn’t require representation like this! What total BS💩!

🇺🇸 Due Process Forever!

PWS

04-01-24

🆘‼️ WANTED: BIA JUDGES WHO UNDERSTAND MIXED MOTIVE! 🤯 — 1st Cir. Outs Garland BIA’s Latest “Whack Job” On Asylum Seeker! — Khalil v. Garland — Forget The Nativist “Border BS,” THIS Is America’s REAL “Immigration Crisis!” ☠️

 

I want you
Pass Immigration 101? Understand “mixed motive” and how it should be used to protect, not reject? Willing to stand up for due process and the legal and human rights of migrants? Prepared to promote justice and resist the evil culture of “any reason to deny?” We need YOU on the BIA today! “Revolution by evolution” is a crock. We need an aggressive “Due Process Revolution” from within EOIR NOW!
Public Domain

youBhttps://www.ca1.uscourts.gov/sites/ca1/files/opnfiles/23-1443P-01A.pdf

United States Court of Appeals For the First Circuit

No. 23-1443

AMGAD SAMIR HALIM KHALIL,

Petitioner,

v.

MERRICK B. GARLAND, Attorney General,

Respondent.

PETITION FOR REVIEW OF AN ORDER OF

THE BOARD OF IMMIGRATION APPEALS

Before

Gelpí, Howard, and Rikelman,

Circuit Judges.

Saher J. Macarius, with whom Audrey Botros and Law Offices of Saher J. Macarius LLC were on brief, for petitioner.

Yanal H. Yousef, Trial Attorney, Office of Immigration Litigation, with whom Brian Boynton, Principal Deputy Assistant Attorney General, Civil Division, and Anthony P. Nicastro, Assistant Director, Office of Immigration Litigation, were on brief, for respondent.

Julian Bava, with whom Adriana Lafaille, Sabrineh Ardalan, Tiffany Lieu, American Civil Liberties Union Foundation of Massachusetts, Inc., and Harvard Immigration & Refugee Clinical Program, were on brief, for amici curiae.

March 29, 2024

RIKELMAN, Circuit Judge.

. . . .

We turn, then, to Khalil’s argument that the factual record compels the conclusion that religion was at least one central reason for his beating. We review the factual finding

– 15 –

against Khalil on this issue under the substantial evidence standard. Pineda-Maldonado, 91 F.4th at 87.

Here, a reasonable adjudicator would be compelled to conclude that Khalil’s religion qualifies as a central reason for the beating. Khalil’s attackers demanded he convert, beat him when he refused to do so, demanded again that he convert, and beat him more intensely when he again refused. The attackers’ own statements show that, regardless of whatever else prompted the beating, Khalil would not have been harmed had he agreed to convert. See Sanchez-Vasquez v. Garland, 994 F.3d 40, 47 (1st Cir. 2021) (deeming perpetrators’ statements essential to the nexus determination); Ivanov v. Holder, 736 F.3d 5, 14-15 (1st Cir. 2013) (determining persecutors were driven by a religious motive that they “recognized and gave voice to” during their attack of the applicant); Singh v. Mukasey, 543 F.3d 1, 7 (1st Cir. 2008) (explaining that perpetrators’ statements “are a crucial factor” for determining the central reason for harm); cf. Esteban-Garcia v. Garland, 94 F.4th 186, 194 (1st Cir. 2024) (finding no nexus because persecutors “didn’t say anything” about the applicant’s protected ground).

The attackers’ demands that Khalil convert to another faith and their increased violence in response to his refusal to do so make this case unlike Sompotan v. Mukasey, 533 F.3d 63 (1st Cir. 2008), which the IJ relied on in finding that the beating was

– 16 –

the result of a personal dispute only. In Sompotan, we held that the record did not compel the conclusion that those who robbed the petitioners and their restaurant while yelling “Chinese bastard, crazy Christian, crazy Chinese” were motivated by religious and racial animus rather than by a desire to rob because “[t]he fact that [robbers] would stoop to the level of using racial slurs is, unfortunately, not surprising.” 533 F.3d at 70. By contrast, the attackers here did not make just a passing reference to Khalil’s religion. Rather, they made religious demands on him during the attack and beat him more vigorously when he refused to cede to those demands.

The arguments the government offers as to why substantial evidence supports the agency’s no-nexus determination do not alter our conclusion. The government emphasizes that Khalil recounted his attackers’ demands that he convert only in his asylum interview and written declaration attached to his asylum application, but not in his testimony before the IJ. But in evaluating whether substantial evidence supports the agency’s conclusion, we are tasked with reviewing “the record as a whole.” Barnica-Lopez, 59 F.4th at 527. Further, at his hearing, Khalil described the beating exclusively during the government’s cross-examination, and the government strategically asked him only one question about what his attackers said during the beating: Did they reference the blood test results? The framing of the

– 17 –

government’s questions on cross-examination does not change our assessment of the record as a whole. The government also contends that, because Khalil testified that the imam had no issue with him until the imam found out about the blood test results, religion did not motivate the attack. But that argument ignores the attackers’ own words and actions.

For all these reasons, we find that the record compels the conclusion that Khalil’s religion played more than an incidental role in his beating. We therefore grant the petition for review as to Khalil’s asylum claim premised on mixed-motive persecution.5

. . . .

********************
Many congrats and much appreciation to the NDPA team involved in this litigation!👏🙏

Oh yeah, the BIA also screwed up the CAT analysis! 🤯

This is another classic example of deficient scholarship and an “any reason to deny culture” that Garland, inexplicably, has allowed to flourish in some parts of EOIR on his watch!

This is the REAL “immigration crisis” gripping America, and one that obviously could be solved with better-qualified judges and dynamic due-processed-focused leadership at EOIR!

“Revolution by evolution” is a meaningless piece of bureaucratic gobbledegook I sometimes heard during Dem Administrations to justify their often gutless, inept, and dilatory approach to due process at EOIR! What total poppycock! EOIR needs a dramatic “Due Process Revolution” from within! And, it needs it yesterday, with lives and the future of American justice on the line!

There’s an opportunity, open until April 12, 2024, to become a BIA Appellate Judge and start improving the trajectory of American justice at the “retail level!” 

⚖️🗽👩🏾‍⚖️ CALLING NDPA ALL-STARS!🌟 — WANTED: BIA APPELLATE JUDGE DEDICATED TO DUE PROCESS, ASYLUM EXPERTISE, & PROMOTING BEST PRACTICES!  — Apply By April 12, 2024! — Better Judges For A Better America!

Better judges for a better America! 👩🏾‍⚖️⚖️😎🗽🇺🇸

🇺🇸 Due Process Forever!

PWS

03-30-24

Hour

🤪 DISTORTED JUSTICE: From Inanely Denying Persecution To Ignoring Evidence, Garland’s Biased Courts Warp The Immigration Narrative By Improperly Rejecting Many Valid Claims!🤮

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

Two More Classic Examples of AG’s “Judicial Malpractice” With Lives At Stake From Dan Kowalski @ LexisNexis:

1. CA9 on Persecution: Singh v. Garland

https://cdn.ca9.uscourts.gov/datastore/opinions/2024/03/22/22-211.pdfl

https://www.lexisnexis.com/community/insights/legal/immigration/b/insidenews/posts/ca9-on-persecution-singh-v-garland

“Singh experienced multiple physical attacks and death threats over an eight-month period, from November of 2014 to June of 2015. No reasonable factfinder would conclude that Singh did not experience serious harm rising to the level of persecution. … For all these reasons we find that the record compels a finding that Singh suffered harm rising to the level of persecution. … [T]he BIA did not independently analyze relocation and determine that the government met its burden. Rather, the BIA expressly adopted the IJ’s reasons for finding that internal relocation was safe and reasonable. In doing so, the BIA adopted the IJ’s flawed relocation analysis, which did not afford Singh the presumption of past persecution or shift the burden to the government to prove that Singh can safely and reasonably relocate within India. … In sum, because the BIA erred in its relocation analysis, we grant Singh’s petition to review his claim for asylum and remand to the BIA for consideration in light of Singh v. Whitaker, 914 F.3d 654. … For the reasons set forth above, we GRANT Singh’s petition in part and REMAND to the BIA to consider (1) whether Singh is eligible for asylum because he suffered past persecution on account of statutorily protected grounds by the government or individuals whom the government was unable or unwilling to control; (2) if so, whether the DHS rebutted the presumption of a well-founded fear of future persecution; and (3) whether Singh is entitled to withholding of removal.”

[Hats off to Inna Lipkin!]

Inna Lipkin, Esquire
Inna Lipkin, Esquire
PHOTO: Law Office of Inna Lipkin

Daniel M. Kowalski

Editor-in-Chief

Bender’s Immigration Bulletin (LexisNexis)

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

2. BIA Ignores Evidence, CA2 Remands

https://ww3.ca2.uscourts.gov/decisions/isysquery/b4acba28-c76c-439c-bf1f-032d1674929f/15/doc/22-6420_so.pdf

https://www.lexisnexis.com/community/insights/legal/immigration/b/insidenews/posts/bia-ignores-evidence-ca2-remands

Mendez Galvez v. Garland (unpub.)

“The agency entirely overlooked evidence material to the hardship determination in this case: evidence regarding Mendez’s serious back injury and its implications for his ability to support his qualifying relatives through work in El Salvador. … The BIA’s decision is VACATED and the case is REMANDED for further proceedings consistent with this order.”

[Hats off to H. Raymond Fasano!]

H. Raymond Fasano, Esquire
H. Raymond Fasano, Esquire
PHOTO: Super Lawyers Profile

Daniel M. KowalskiEditor-in-ChiefBender’s Immigration Bulletin (LexisNexis)

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

What if a brain surgeon or a heart surgeon were routinely engaging in “surgical malpractice?” Wouldn’t it be a cause for grave concern?🤯

Almost every week, sometimes multiple times, the BIA mishandles the basics in potential “life or death” cases. Yet, Garland somehow shrugs it off! This not only adds to the “dehumanization” of migrants (their lives don’t count), but also badly skews the statistical profile that undergirds much of the misguided immigration (non) dialogue. 

If the anti-immigrant, anti-asylum, huge “over-denial” problem at EOIR were addressed with better qualified judges and adjudicators, it would become apparent that many more, probably a majority, of those caught up in the dysfunction at EOIR and the Asylum Office are qualified to remain in the U.S. in some status. And, proper positive precedents would guide practitioners, ICE Counsel, Immigration Judges, and Asylum Officers to correct results without protracted litigation that eventually burdens the Courts of Appeals, causes avoidable remands, fuels “Aimless Docket Reshuffling,” and contributes mightily to the mushrooming EOIR backlog!

As a result, these cases could be prepared, prioritized, granted, and individuals could get on with their lives and maximize their human potential to help our nation — just as generations before them have done including the ancestors of almost all Americans! How soon some of us forget!

 The real, largely self-created, “immigration crisis,” is NOT insufficient “deterrence, detention, and cruelty” at the border! It’s the grotesque failure of all three branches of Government to insist on a fair, timely, well-staffed, professionally-managed, due-process-compliant adjudication, review, and resettlement system for asylum seekers and other immigrants. It’s also the ongoing attempt to “cover up” and minimize our Government’s mistreatment of asylum seekers, particularly those asserting their legal right to apply at our borders and in the interior regardless of status!

The racially-driven “targeting” of asylum seekers at the border is a ruse designed to deflect attention from the realities of human migration, what drives it, and the failure of governments across the board to come to grips with them and to fulfill their legal responsibilities to treat all persons fairly, humanely, and in accordance with correct interpretations and applications of the law!

Jeffrey S. Chase
Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Coordinator & Chief Spokesperson, Round Table of Former Immigration Judges

Here’s additional commentary on Singh from my Round Table ⚖️⚔️ colleague “Sir Jeffrey” Chase:

The IJ was really determined to deny on this one. And I guess Vandyke had filled his quota of once in a lifetime for finding fault with the government, and thus had no choice but to dissent.

How would YOU like to face a system “determined to deny” with your life on the line? How would Garland like it?

Actually, under the generous “well-founded fear” standard applicable to asylum (Cardoza-Fonseca/Mogharrabi) and the authoritative guidance in the U.N. Handbook on adjudication, applicants like Singh who testify credibly are supposed to be given “the benefit of the doubt.” Garland has, quite improperly, like his immediate predecessors, allowed this key humanitarian legal principle to be mocked at EOIR! Instead, as cogently pointed out by “Sir Jeffrey,” here the IJ and the BIA actually went the “extra mile” to think of “any reason to deny” — even totally specious ones!

Also, half-baked, legally deficient “reasonably available internal relocation analysis” is a long-standing, chronic problem at EOIR, despite a regulation setting forth analytical factors that should be evaluated. Few, if any, such legitimate opportunities are “reasonably available” in most countries sending asylum applicants!

Moreover, once past persecution is established, the DHS has the burden of showing that there is a reasonably available internal relocation alternative, something that they almost never can prove by a preponderance of the evidence! Indeed, in my experience, the DHS almost never put in such evidence beyond rote citations to generalized language in DOS Country Reports! 

The “judicial competency/bias” problems plaguing EOIR are large and well documented. Yet, Garland pretends like they don’t exist!

Alfred E. Neumann
Has Alfred E. Neumann been “reborn” as Judge Merrick Garland? “Not my friends or relatives whose lives as being destroyed by my ‘Kangaroo Courts.’ Just ‘the others’ and their immigration lawyers, so who cares, why worry about professionalism, ethics, and due process in Immigration Court?”
PHOTO: Wikipedia Commons

🇺🇸 Due Process Forever!

PWS

03-28-24