Here’s our amicus brief drafted by the pro bono “All-Star Team” of Richard W. Mark, Amer S. Ahmed, & Chris Jones @ Gibson, Dunn & Crutcher, LLP, NY:
1419000-1419434-20210907134938198_patel amicus brief
Our effort was featured in an article by Jennifer Doherty at Law360 for those with Law360 access.
More coverage here from Dan Kowalski over at LexisNexis Immigration Community:
“Due Process Forever!” Hmmm, where have I herd THAT before? Thanks, Dan, for all you do for the NDPA!
The American Immigration Council, the National Immigration Alliance, and the Law Professors, all representing a number of other organizations, also filed in behalf of the “good guys, truth, justice, and the American way,” in this case. The respondents are expertly represented by my friend and legendary immigration advocate Ira J. Kurzban, Esquire, of Kurzban Kurzban Tetzeli and Pratt PA.
Legendary American Immigration Lawyer
One could not imagine a group MORE in need of thorough, critical, independent Article III judicial review of its decisions than today’s dysfunctional EOIR! There, potentially fatal errors have been “institutionalized” and even “normalized” as just another “unavoidable” consequence of the anti-immigrant, “haste makes waste,” “culture” that constantly places churning out removal orders above due process, fundamental fairness, and best practices!
Ironically, doubling the number of Immigration Judges, eliminating expertise as the main qualification in judicial selections, and forcing yet more “gimmicks” down their throats has actually nearly tripled the case backlog to an astounding 1.4 million cases, without producing any quantifiable benefit for anyone!
Obviously, it’s high time for Garland to “reinvent” EOIR with progressive experts, many with private sector Immigration Court experience, as judges and leaders at both the appellate and the trial level! Who knows what wonders might result from an emphasis on quality, humanity, and getting decisions correct in the first instance? Progressives are used to creatively solving difficult problems without stepping on anyone’s rights or diminishing anyone’s humanity! Those skills are in disturbingly short supply at today’s failed and failing EOIR! And, they aren’t exactly DOJ’s “long suit,” either.
Once A Symbol of Fairness, Due Process, & Best Practices, Now Gone “Belly Up”
🇺🇸 Due Process Forever!
PWS
09-08-21