"The Voice of the New Due Process Army" ————– Musings on Events in U.S. Immigration Court, Immigration Law, Sports, and Other Random Topics by Retired United States Immigration Judge (Arlington, Virginia) and former Chairman of the Board of Immigration Appeals Paul Wickham Schmidt. To see my complete professional bio, just click on the link below.
William Samuel is an accomplished citizen writer publishing with a specific focus on current affairs and military history.
De Spretter writes on Linkedin:
When asked in 1922 what his priorities would be if elected chancellor of Germany, then up-and-coming National Socialist leader, Adolf Hitler, answered candidly:
“Once I’m really in power, my first and foremost task will be the annihilation of the Jews.”
Proclaiming with vitriolic zeal, they’d be “hanged indiscriminately… until all of Germany has been completely cleansed of Jewry”, German Jews, understandably, had no desire to remain when he assumed the chancellorship in 1933…
In desperate hopes of securing safe passage to their ancestral homeland – Eretz Israel – tens of thousands flocked to the British embassy; only to be told on arrival there, “strict limits” had been imposed on the quota of Jews who’d be granted entry.
Although, sadly, the fate of most was thus sealed, countless more would have suffered the same had it not been for the defiant courage of Britain’s Vice-Consul, then-Captain Francis “Frank” Foley.
As a man who, in reality, was using his position as a cover for his long-serving role as an MI6 spymaster, Frank’s intelligence gathering had long confirmed that Hitler’s threats against the Jewish people were far from “empty rhetoric”.
For that reason, Frank was “quite unwilling to toe the line with London…”
Instead, he didn’t just “tear up the rulebook” that dictated whom he could issue lifesaving visas to but, when the “Kristallnacht” pogrom of 1938 was unleashed, he even transformed his place of residence into a safe haven for Jewish families.
From the “Night of Broken Glass” onwards, the number of Jews filing for immigration visas increased dramatically; but still, Frank’s superiors refused to ease the stringent requirements that prevented him from granting them.
Once again, therefore, he not only decided to “bend the rules” by easing them himself but, when he then received an official reprimand for his brave “contravention”, Frank doubled down on his rescue efforts by forging passports for Germany’s beleaguered Jewish citizens.
Despite being fully aware that no level of diplomatic immunity would protect him if the Gestapo had uncovered his clandestine activities, Frank persevered regardless, with no fear or concern for his personal safety.
In so doing, he enabled no fewer than 10,000 Jews to flee Hitler’s Reich; and yet, humble man that he was, Frank never spoke of his selfless deeds during his lifetime…
Incredibly, it was only after his passing, in May 1958, that his heroic exploits were revealed by his beloved wife, Katherine; and, it wasn’t until over four decades later, on this day in 1999, that he was deservedly recognized for having saved so many Jewish lives.
Honored as a posthumous Righteous Gentile by Yad Vashem, the latter paid tribute to Frank – “the British Schindler” – by describing him as “a man of great faith and conviction…”
Indeed, “as a deeply devout Christian, Frank did nothing more than act upon his sense of justice and compassion.”
#WeRemember
Captain Francis “Frank” Foley SOURCE: Linkedin
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Inspiring and timely piece of history. Thanks to Samuel for posting this on LinkedIn!
What if 600 bureaucrats had each made it their business to save 10,000 lives? The course of history would have been changed.
This is worth keeping in mind as our leaders of both parties and the immigration bureaucracy make “bullying the most vulnerable” and dehumanizing asylum seekers their daily mission. And, they brag about their cruelty and intention to violate laws in even more deadly ways! What if the same amount of effort were devoted to addressing humanitarian crises and saving lives?
The Northern Virginia doctor knows at least that much about his situation. He knows he is no longer considered a citizen of the United States — the place where he was born, went to school and has practiced medicine for more than 30 years — and that he also belongs to no other place.
“I’m in limbo,” he told me on a recent afternoon.
In the past few years, there have been many passport-renewal nightmare stories, with processing delays forcing people to beg, lose sleep and miss once-in-a-lifetime trips. But what Sobhani has experienced this year after trying to renew his passport is uniquely unmooring.
As he tells it, when he sent in an application for a new passport in February, he had no reason to expect he’d face any difficulties. He had renewed his passport several times previously without problems. This time, it was set to expire in June, and he wanted to make sure he had a valid one in hand before his family took a trip in July.
But he did not receive a new passport. Instead, at the age of 61, he lost what he had held since he was an infant: U.S. citizenship.
A letter from a State Department official informed him that he should not have been granted citizenship at the time of his birth because his father was a diplomat with the Embassy of Iran. The letter directed Sobhani to a website where he could apply for lawful permanent residence.
“This was a shock to me,” said Sobhani, who specializes in internal medicine. “I’m a doctor. I’ve been here all my life. I’ve paid my taxes. I’ve voted for presidents. I’ve served my community in Northern Virginia. During covid, I was at work, putting myself at risk, putting my family at risk. So when you’re told after 61 years, ‘Oh there was a mistake, you’re no longer a U.S. citizen,’ it’s really, really shocking.”
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Read Theresa’s full article at the link.
Months for a routine passport renewal? If you’re lucky! The DOS has struggled to cope with a totally predictable and largely self-aggravated “crisis!” Who would have thought that after several years of pandemic isolation and with a booming economy, Americans would start traveling again in record numbers? Probably, everybody in America except ivory tower DOS bureaucrats who failed to prepare for the obvious and to elevate public service over intrasigence!
As a veteran of more than four decades of dealing with the immigration bureaucracy — from both the inside and outside — I can testify to the truth of the adage that “Some cans of worms are better left unopened!” (Corollary: “If you open it, you own it!”) Where’s the common sense here? Lost in the bureaucratic fog, 🌫️ I guess!
Duties include but are not limited to the following:
Plan and direct general legal activities of the Agency with the objective of assuring that all actions taken are in accordance with law and regulation with special emphasis on assuring that actions taken conform to the basic principles of law.
Provide interpretation of immigration provisions, laws, and regulations to all segments of the agency.
Propose the development of policies and procedures in response to legal cases or problems that have the effect of substantially broadening or restricting the activities of the agency.
Advise the Director/Deputy and staff on the legal implications of proposed and newly enacted laws, regulations and policies that will have an impact on the operation of the agency and keeps abreast of current decisions of the courts.
Direct professional legal staff in the development, documentation, and operation of both internal processes and administrative/technical controls.
Supervise staff in the formulation and direction of proactive, time-sensitive services and/or guidance to EOIR components, unique needs of senior management and responsiveness to the Department and other government or regulatory agencies.
Qualifications:
In order to qualify for the position, you must meet the following minimum qualifications:
Education: Applicants must possess an LL.B. or a J.D. degree. (Provide the month and year in which you obtained your degree and the name of the College or University from which it was conferred/awarded.)
AND
Licensure: Applicants must be an active member of the bar, duly licensed and authorized to practice law as an attorney under the laws of any state, territory of the U.S., or the District of Columbia. (Provide the month and year in which you obtained your first license and the State from which it was issued.)
AND
Required Experience:
For GS-15: Applicants must have four (4) full years (48 months) of post J.D. or LL.B professional legal experience. Qualifying professional legal experience includes: Direct professional legal staff in the development, documentation, and operation of both internal processes and administrative/technical controls; Advise Senior Management and staff on the legal implications of proposed and newly enacted laws, regulations and policies that will have an impact on the operation of the agency and keeps abreast of current decisions of the courts; and Plan and direct general legal activities of the Agency with the objective of assuring that all actions taken are in accordance with law and regulation with special emphasis on assuring that actions taken conform to the basic principles of law.
(Your resume must CLEARLY demonstrate this experience)
Preferred Experience:
The ideal candidate will have experience with the following:
Providing technical and administrative supervision over attorneys and professional staff within an organization.
Planning and assigning work to subordinate attorneys based on priorities and difficulty of the assignment.
Providing input and advice to Senior Officials on policy decisions.
Coordinating with other government offices and/or agencies on legal matters.
NOTE: Qualifying experience is calculated only after receipt of J.D. or LL.B.
IN DESCRIBING YOUR EXPERIENCE, PLEASE BE CLEAR AND SPECIFIC. WE MAY NOT MAKE ASSUMPTIONS REGARDING YOUR EXPERIENCE.
Salary:
($148,484 – $176,300 per year.
Travel:
Occasional travel
Application Process:
To Apply for this position, please click the below link to access and apply to the vacancy announcement via USA Jobs USAJOBS – Job Announcement . Please read the announcement thoroughly. You Must Submit a complete application package by 11:59PM (EST) on 9/02/2022, the closing date of the announcement.
Applicants should familiarize themselves and comply with the relevant rules of professional conduct regarding any possible conflicts of interest in connection with their applications. In particular, please notify this Office if you currently represent clients or adjudicate matters in which this Office is involved and/or you have a family member who is representing clients or adjudicating matters in which this Office is involved so that we can evaluate any potential conflict of interest or disqualification issue that may need to be addressed under those circumstances.
Application Deadline:
Tuesday, September 6, 2022
Relocation Expenses:
Not authorized
Number of Positions:
1
Updated August 23, 2022
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The ship is rudderless and sinking! Many of the sailors are inept or think they are working for a different Navy! The solution: More Lt. Commanders on deck, each doing someone else’s job and giving random orders, to add to the confusion and disorder!
Let me be clear: EOIR and its long-suffering “customers” and “stakeholders” need this superfluous position like a hole in the head! Perhaps less! This looks like “EOIR imitating the DHS bureaucracy” that it is supposed to be treating as a “party,” not a “role model!”
The “Office of Policy” — totally unnecessary and inconsistent with the mission of a quasi-judicial court system — is a serious boondoggle created by the last Administration. Eliminating it and redeploying its wasted resources into competent, expert quasi-judicial decision making should have been “Day One Stuff” for Garland. But it wasn’t!
EOIR needs better, expert judges, who know immigration and human rights laws, and are unswervingly committed to due process, fundamental fairness, and best practices! It also needs a “lean team” of well qualified judicial administrators to recruit, hire, train, and supportjudges and court staff!
Incredibly, most of this PD sounds like it’s right out of the PDs for BIA Chair, BIA Member, CIJ, Director, Deputy Director, or General Counsel. Get folks who can do those jobs and eliminate the Office of Policy and the other “non-operational bureaucratic fat” in Falls Church!
Does the Supreme Court have a “U.S. Law Division?” How about the D.C. Circuit where Garland once served? What on earth is Garland doing with this wasteful nonsense!
For Pete’s sake, the BIA IS the “Immigration Law Division!” If, as I maintain, most of the current Appellate Judges are not capable of performing those functions competently and in accordance with due process and fundamental fairness, then get better judges in there! Now!
Sure, it’s not the “popular solution” within the self-perpetuating bureaucracy. But, it’s the right one!
Stop the unnecessary proliferation of inept bureaucrats at EOIR! “Hey, hey, Ho, ho, the EOIR Clown Show has got to go!” Throwing more “ringmasters” into this circus is NOT the answer!
“EOIR Clown Show Must Go” T-Shirt Custom Design Concept
DOJ and Director Neal should be hauled before an Oversight Committee to justify their continuing bureaucratic nonsense in the face of abject “mission failure!” Not going to happen. But, it should! Honestly!
Our allies were given a promise, and leaving them to die will be an unforgivable act of cowardice.
BY ODAY YOUSIF JR.
AUG. 20, 2021 4:54 PM PT
Yousif Jr., J.D., is a graduate of California Western School of Law and an American Constitution Society Next Generation Leader. He lives in Rancho San Diego.
Twenty years ago, the American military marched into Afghanistan with the declared intent of hunting down Osama bin Laden and ridding the country of Taliban extremists. Led by government leaders working in bad faith, thousands of civilians and soldiers were led to their deaths for a war now universally considered a failure. However, the most vulnerable population susceptible to death in Afghanistan are those Afghan allies who risked their lives to work for the foreign forces. They served as translators and services workers and any role that required the help of the local population. Now, with the Taliban back in power, they will be the first to face death.
When local Afghans agreed to work for coalition forces, they were made a promise: work for us and we will give you a visa to the U.S. They put their safety on the line working for the military forces but did so in order to give them and their families the chance for a better future outside Afghanistan. They worked anywhere service members went, from battlefields to bases. Often, they were the people who saved the lives of the soldiers they worked for. They were not just local Afghans but critical allies necessary for the ongoing mission in their country. At that point, we had nothing short of a deep-seated moral obligation to make sure they were protected.
. . . .
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Read the complete op-ed at the link.
Amen! It’s not rocket 🚀 science! But, it does require expertise, guts, and a sense of urgency!
WASHINGTON — When President Biden swore in a batch of recruits for his new administration in a teleconferenced ceremony late last week, it looked like the country’s biggest Zoom call. In fact, Mr. Biden was installing roughly 1,000 high-level officials in about a quarter of all of the available political appointee jobs in the federal government.
At the same time, a far less visible transition was taking place: the quiet dismissal of holdovers from the Trump administration, who have been asked to clean out their offices immediately, whatever the eventual legal consequences.
If there has been a single defining feature of the first week of the Biden administration, it has been the blistering pace at which the new president has put his mark on what President Donald J. Trump dismissed as the hostile “Deep State” and tried so hard to dismantle.
From the Pentagon, where 20 senior officials were ready to move in days before the Senate confirmed Lloyd J. Austin III as defense secretary, to the Voice of America, where the Trump-appointed leadership was replaced hours after the inauguration, the Biden team arrived in Washington not only with plans for each department and agency, but the spreadsheets detailing who would carry them out.
A replacement was even in the works for the president’s doctor: Dr. Sean P. Conley, who admitted to providing a rosy, no-big-deal description of Mr. Trump’s Covid-19 symptoms last year, was told to pack his medical kit. While all presidents eventually bring in their own doctor, Mr. Biden wasted no time bringing back a retired Army colonel, Dr. Kevin O’Connor, who was his doctor when he was vice president.
Mr. Biden had named nearly all of his cabinet secretaries and their immediate deputies before he took office last Wednesday, most of them familiar faces from the Obama administration. But the president’s real grasp on the levers of power has come several layers down.
. . . .
Ashley Tabaddor, a constant critic of the Trump administration as the former head of the union that represents immigration judges, will take over as chief counsel at U.S. Citizenship and Immigration Services, the federal legal immigration agency.
At the Justice Department — where morale was largely decimated and Biden administration officials are eager to begin reversing Trump policies on civil rights, immigration and police oversight — all of the department’s top incoming acting department heads are alumni, some of whom worked under multiple administrations.
Until Judge Merrick B. Garland is confirmed as attorney general, Monty Wilkinson, a longtime career employee who worked closely with Eric H. Holder Jr. when he was attorney general, is serving in an acting capacity.
The acting deputy attorney general is John P. Carlin, who ran the national security division of the Justice Department during the Obama administration. He is holding the office only until Lisa Monaco, who has worked closely with Mr. Carlin over the years, can be confirmed as deputy attorney general. She served as homeland security adviser under Mr. Obama and, during the Trump years, she and Mr. Carlin ran a group studying the hardest issues in cyberpolicy.
Much as the politicization of the Justice Department angered Mr. Trump’s critics, the neutering of the Environmental Protection Agency prompted outrage from progressives, and it is probably no surprise that the agency is already in the throes of transformation.
. . . .
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Read the complete article at the link.
Trump spent his first week in office spouting lies about the size of his inauguration crowd and launching a White Nationalist assault on Muslim refugees. Biden came in with a detailed plan for governing America and is putting it into effect on multiple fronts notwithstanding the crises and absolute mess left behind by the defeated kakistocracy!
The Biden-Harris plan reflects three truths:
Government is a powerful force for the common good;
Most governing takes place at the “retail level;” and
Competence, honesty, and courage count.
The Tabaddor appointment is a powerful signal to civil servants who stand up for their rights and the rights of others. Judge Tabaddor undoubtedly is one of the most talented, dynamic, and capable leaders at any level of the Federal Judiciary. But, that didn’t protect her from the DOJ/EOIR bureaucracy.
During the Trump regime, she led the effort of the National Association of Immigration Judges (“NAIJ”) to expose bias and political interference with judicial functions, gross mismanagement, disregard for due process, and suppression of First Amendment free speech by the DOJ/EOIR kakistocracy.
“Billy the Bigot” Barr & his toady McHenry punished the NAIJ by filing to “decertify” the union — a move to silence Judge Tabaddor and her her colleagues and deflect Congressional attention from the ongoing chaos and dysfunction the Trump DOJ had created in the Immigration Courts.
Apparently, somebody on the Biden Team was paying attention to this travesty, recognized the grotesque abuses going on at the EOIR Clown Show🤡, and the courage and leadership shown by Judge Tabaddor in the battle for integrity and“good government.”
So far, so good. Looks like the “EOIR Clown Show”🤡 is finally “going to go” and be replaced with real judges and pros in judicial administration who will refashion it into a real, functioning, due-process-oriented, model court system that will compliment the legislative initiative to create an independent Article I U.S. Immigration Court of which we all can be proud.
“Through teamwork and innovation be the world’s best tribunals guaranteeing fairness and due process for all!” Still the “right vision.” And with the right judicial leadership and judges who are experts in human rights, immigration, and “applied due process” it can become a reality!
“Elaine Duke, the second-highest-ranking official at the Department of Homeland Security, announced Friday that she will step down after serving less than a year in the job.
A longtime Homeland Security official who ran the agency as acting secretary for more than four months last year, Duke, now deputy secretary, is a well-regarded figure at DHS and viewed as one of its most experienced managers. But Duke was largely sidelined after Secretary Kirstjen Nielsen took over in December and given a portfolio described as “embarrassingly light,” according to people familiar with the matter.
In a brief statement, Nielsen said Duke would “retire from government service in April,” having “selflessly served the federal government for three decades.”
Duke worked as a top-ranking DHS official under President George W. Bush, and was recruited back to the agency by then-Secretary John F. Kelly. Duke was confirmed by the Senate last April.
When Kelly moved to the White House to be chief of staff a few months later, Duke became acting DHS secretary. She filled the top role for more than four months, the longest tenure of any DHS leader serving in an temporary capacity.
“She ended up taking over for Kelly during a tumultuous time at DHS — with three hurricanes, and having to navigate complicated waters on immigration,” said James Norton, a former DHS official who worked with Duke during the Bush administration.
Norton called her departure “a real loss for our country.”
After Hurricane Maria devastated Puerto Rico, Duke was heavily criticized for saying the government’s response should be viewed as “a good news story.” White House officials generally credited her with successful management of the crisis.
But Duke’s standing in the administration tumbled in November when she refused to expel some 57,000 Hondurans living in the United States for nearly two decades with a form of provisional residency known as temporary protected status.
The White House wanted Duke to cancel the Hondurans’ TPS permits, and Kelly called Duke to pressure her, officials said at the time. The episode upset Duke, and she told people close to her that she planned to quit, but DHS released a statement from Duke denying it.
“Upon confirmation of Kirstjen Nielsen as the next Secretary of Homeland Security, I look forward to continuing our important work as the Deputy Secretary of Homeland Security,” the statement said. “I have no plans to go anywhere and reports to the contrary are untrue.”
Duke is the second high-ranking DHS official to step down in recent weeks. James D. Nealon left his job as assistant secretary for international engagement in DHS’s Office of Strategy, Policy, and Plans earlier this month. Nealon, a former U.S. ambassador to Honduras, had reportedly also clashed with the White House over immigration policy.”
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As I had basically predicted, Dukie was “toast” the minute she showed some intellectual independence, professionalism, and integrity. She didn’t just “go along to get along” as Trumpie expects from his flunkies.
She was immediately replaced with Secretary Kirstjen Nielsen. Nielsen quickly established herself as an primo intellectual lightweight, super sycophant, John Kelly suck up, and moral coward — in other words, exactly what Trumpie wants from his Cabinet Toadies.
What is a “Hall Walker?”
In the cherished traditions of the bureaucracy a “hall walker” is defined as:
A senior career civil servant who gets on the wrong side of the political powers to be and consequently is “reassigned” to a position with a grand title, big office, and no meaningful duties.
The idea is to persuade the “hall walker” to look for “alternative employment” or at least to retire as soon as eligible. It’s actually a sophisticated form of bureaucratic torture. The hall walker is at once 1) neutered, 2) humiliated, and 3) co-opted, while 4) serving as an example to other senior career bureaucrats who might not “be with the program.”
Dukie is well rid of the Trump Administration and the DHS. She seems like a talented person who will have a productive, and likely much more lucrative, life after bureaucracy. And she won’t be tarnished by her brief association with the Trumpsters as others who do this Administration’s dirty work for them eventually will be (quite rightfully).
