Tag: Elizabeth Gibson ESQ

THE GIBSON REPORT — 03-25-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

THE GIBSON REPORT — 03-25-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

TOP UPDATES

 

SCOTUS Upholds Government Authority to Detain and Deport Immigrants for Past Crimes

AILA: The Supreme Court held that the mandatory detention statute, which plainly provides for detention without any hearing “when” an immigrant “is released” from a prior criminal custody, applies even when the arrest occurs years after their release. (Nielsen v. Preap, 3/19/19) AILA Doc. No. 19031930. See also Justices Leave Room To Challenge Immigrant Detention Law.

 

Immigration Courts Getting Lost in Translation

Marshall Proj: The head of the immigration-court system emailed judges Dec. 11, telling them to use phone interpreters for languages except Spanish, according to leaders of the National Association of Immigration Judges. See also Anyone Speak K’iche’ or Mam? Immigration Courts Overwhelmed by Indigenous Languages.

 

Fewer Undocumented Immigrant Crime Victims Are Stepping Forward

WNYC: In 2017, 2,664 people applied for U visa certification from New York City agencies and authorities, including the family courts and district attorneys. But last year, that number fell to 2,282 — a drop of 14 percent. See also Congress Debates Reauthorization of Expired Violence Against Women Act.

 

Human Rights First Clients Ordered to Remain in Mexico Following Immigration Court Hearings

HRF: [Thursday] two Human Rights First clients were inexplicably returned to Mexico after their initial immigration court hearings under the Trump Administration’s disastrous and unnecessary “Remain in Mexico” plan. The clients, Ariel and Alec*, are among the first asylum seekers to receive interviews regarding their fear of return to Mexico under the new plan. They were returned to Mexico without explanation or notice to their Human Rights First attorney, despite each expressing fears of returning to Mexico.

 

Undocumented Immigrant Denied Jury Trial Despite High Court Decision

NYLJ: The defendant in the case had asked the judge in the middle of his bench trial for a jury trial after a decision from the state’s highest court said undocumented immigrants should be offered a jury trial if they’re at risk of being deported following a conviction.

 

An Update on TPS: A Promising New Bill, More Lawsuits, and an Uncertain Future

AIC: the American Dream and Promise Act of 2019 (H.R. 6) would allow over 2 million TPS holders and Dreamers combined to adjust their status to permanent residents.

 

Newly Arriving Families Not Main Reason for Immigration Court’s Growing Backlog

TRAC: Since September, about one out of every four newly initiated filings recorded by the Immigration Court have been designated by the Department of Homeland Security (DHS) as “family unit” cases. See Figure 1. While there have been a total of 174,628 new court filings recorded over the past six months, only 41,488 of these were designated by DHS as part of family units.

 

Citizens on Hold: A Look at ICE’s Flawed Detainer System in Miami-Dade County

ACLUFL: Persistent errors in ICE’s detainer system may have resulted in illegal holds being placed on dozens, and possibly hundreds, of U.S. citizens in Miami, according to a report published today by the ACLU of Florida. The report, “Citizens on Hold: A Look at ICE’s Flawed Detainer System in Miami-Dade County,” finds that, since 2017, ICE has targeted over 400 people who were listed as U.S. citizens in County records.

 

ICE Has Detained a 72-Year-Old Grandfather With Alzheimer’s for Nine Months

DailyBeast: Noé de la Cruz, a grandfather of three, has been in immigrant detention since June 2018—and his family worries that his Alzheimer’s is going untreated.

 

Trump admin tracked individual migrant girls’ pregnancies

MSNBC: Details of a newly obtained spreadsheet kept by the Trump administration’s Office of Refugee Resettlement, led by anti-abortion activist Scott Lloyd, tracking the pregnancies of unaccompanied minor girls. Brigitte Amiri, ACLU Reproductive Freedom Project senior staff attorney, joins to discuss details of the case.

 

Migrant boy’s ‘discouraging trauma’ leads judge to block his transfer to fifth home

WaPo: The case, and others like it, is an example of an urgent question facing the U.S. government: What should be done with the children arriving at the southern border?

 

Airline Assured Flight Attendant She’d Be Safe to Fly to Mexico. When She Returned, ICE Detained

TPG: She has a Social Security number and pays taxes, and was halfway through the process of getting her official citizenship. Leaving the country, she feared, could jeopardize her DACA status. But Mesa Airlines insisted she was legally all right to fly to Mexico and back. “She should be okay because it’s part of DACA as long as it is not expiring,” a supervisor at Mesa wrote in an email reviewed by The Points Guy.

 

George Mason gets $1.1 million Koch gift for research on immigration, labor

CTPost: The money, a five-year grant from the Charles Koch Foundation, will underwrite work at the Center for the Study of Social Change, Institutions and Policy at George Mason, a public university in Northern Virginia…George Mason, which earlier this month announced a $50 million gift to its law school, has recently sought to address concerns about philanthropy at the institution, and whether some funding came with constraints on academic freedom.

 

Rio Grande Valley Landowners Plan To Fight Border Wall Expansion

NPR: More than 570 landowners in two counties, Hidalgo and Starr, have received right-of-entry letters from the government asking to survey their land for possible border wall construction.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Justices uphold broad interpretation of immigration detention provision

SCOTUSblog: In Nielsen v. Preap, four justices joined Justice Samuel Alito yesterday to adopt an expansive interpretation of a mandatory-immigration-detention statute.

 

Supreme Court Grants Cert in Identity Fraud/Immigration Case

ImmProf: The issues presented in the case: (1) Whether the Immigration Reform and Control Act expressly pre-empts the states from using any information entered on or appended to a federal Form I-9…; and (2) if IRCA bars the states from using all such information for any purpose, whether Congress has the constitutional power to so broadly pre-empt the states from exercising their traditional police powers to prosecute state law crimes.

 

Expansion/Clarification on “direct victim” in U visa cases

EDNY: USCIS may be correct that, in the majority of situations, a non-targeted individual who is not present at the crime scene does not suffer direct and proximate harm as a result of the crime. But the regulation does not create a requirement of physical presence to be met in every case. Rather, it envisions a case-by-case analysis to determine whether, in this case, for this crime, the harm suffered by the applicant is a direct and proximate harm of the qualifying criminal activity.

 

Federal Court Upholds Wage Rates for Migrant Farmworkers

ImmProf: A federal court late Monday denied a request by growers to throw out wage rates for temporary foreign workers that are set by the U.S. Department of Labor (DOL) to protect American farmworkers.

 

Law school’s Immigration Clinic files suit in support of activist

TheU: According to the lawsuit, U.S. Immigration and Customs Enforcement detained Rojas on Feb. 27 when he appeared for a routine immigration appointment. His abrupt detention came at the heels of the Sundance Film Festival premiere of a documentary film, “The Infiltrators,” which features Rojas’s activism and criticism of ICE detention policies.

 

BIA Reopens Proceedings Sua Sponte for Longtime TPS Holder to Adjust Status

Unpublished BIA decision reopens proceedings sua sponte for respondent who was granted TPS in 1999 and became the beneficiary of an approved visa petition in 2017. Special thanks to IRAC. (Matter of Romero, 5/15/18) AILA Doc. No. 19032296

 

BIA Holds Utah Lewdness Offense Not Sexual Abuse of a Minor

Unpublished BIA decision holds that lewdness involving a child under Utah Code Ann. 76-9-702.5 is not sexual abuse of a minor because it does not require an intent to arouse or gratify the sexual desire of any person. Special thanks to IRAC. (Matter of Nieves, 5/3/18) AILA Doc. No. 19031830

 

BIA Vacates Finding that LPR Status Was Abandoned

Unpublished BIA decision vacates finding that pro se respondent abandoned his LPR status because he did not understand the significance of his admissions when he conceded the charge. Special thanks to IRAC. (Matter of Wol Wol, 5/7/18) AILA Doc. No. 19031831

 

BIA Reopens Proceedings Sua Sponte in Light of Tenth Circuit Decision Involving Retroactivity of Matter of Briones

Unpublished BIA decision reopens proceedings sua sponte in light of Tenth Circuit decision holding that Matter of Briones, 24 I&N Dec. 355 (BIA 2007), doesn’t retroactively apply to applicants who relied on contrary circuit law. Special thanks to IRAC. (Matter of Perea, 5/14/2018) AILA Doc. No. 19032295

 

CA1 Rejects Ineffective Assistance of Counsel Claim Where Petitioner Filed Motion to Reopen Seven Years After BIA Denied His Appeal

The court upheld the BIA’s decision denying the petitioner’s motion to reopen and declining to equitably toll the 90-day filing deadline, finding that even if the petitioner had received ineffective assistance of counsel, he failed to exercise due diligence. (Tay-Chan v. Barr, 3/13/19) AILA Doc. No. 19031971

 

CA2 Says Conspiracy to Commit Money Laundering Is an Aggravated Felony

The court denied the petition for review, holding that conspiracy to commit money laundering pursuant to 18 USC §1956(h) constitutes an aggravated felony under INA §101(a)(43)(D). (Barikyan v. Barr, 3/4/19) AILA Doc. No. 19031972

 

CA3 Finds Constructive Physical Presence Doctrine Cannot Transmit Citizenship

Affirming the district court, the court held that even if the petitioner’s father was a U.S. citizen, he did not transmit citizenship under a constructive physical presence theory to his Czechoslovakian-born son pursuant to the Immigration and Nationality Act of 1952. (Madar v. USCIS, 3/7/19) AILA Doc. No. 19031973

 

CA5 Finds BIA’s Retroactive Application of Matter of Diaz-LizarragaViolates Due Process

The court granted the petition for review, finding that the BIA erred in applying the definition of crimes involving moral turpitude (CIMTs) announced in 2016 in Matter of Diaz-Lizarraga to the petitioner’s 2007 conviction for attempted theft. (Monteon-Camargo v. Barr, 3/14/19) AILA Doc. No. 19031974

 

CA6 Upholds Denial of Continuance Where Petitioner Had Six Weeks’ Notice of Need to Obtain New Counsel

Where the petitioner was notified six weeks prior to his final removal hearing that he needed to pay his attorney or find new counsel, the court upheld the denial of his request for a continuance on the day of his removal hearing to find a new attorney. (Mendoza-Garcia v. Barr, 3/13/19) AILA Doc. No. 19031975

 

CA6 Upholds Denial of Motion to Reopen In Absentia Removal Order Where Petitioner Claimed Nonreceipt of NTA

The court affirmed the denial of the motion to reopen petitioner’s in absentia removal order, concluding that the BIA did not abuse its discretion in determining that the petitioner failed to overcome the presumption of delivery of the Notice to Appear (NTA). (Santos-Santos v. Barr, 2/28/19) AILA Doc. No. 19032036

 

CA7 Denies CAT Relief to Bisexual Petitioner Whose Father Was a Member of an Opposition Political Party in Guinea

The court found that petitioner had failed to establish that he more likely than not would be tortured if removed to Guinea due to his sexual orientation and father’s past political affiliation, and thus upheld the denial of Convention Against Torture (CAT) relief. (Barry v. Barr, 2/22/19) AILA Doc. No. 19032037

 

CA8 Says Petitioner’s Convictions in Missouri for Passing a Bad Check Are CIMTs

Applying the modified categorical approach, the court denied the petition for review, concluding that the petitioner’s four Missouri convictions for passing a bad check qualified as crimes involving moral turpitude (CIMTs). (Dolic v. Barr, 2/20/19) AILA Doc. No. 19032038

 

CA8 Finds Conviction Vacated for Rehabilitative Reasons Was Still a Conviction for Immigration Purposes

The court denied the petition for review, finding that the subsequent vacatur for rehabilitative reasons of the petitioner’s Iowa criminal conviction did not change the fact that the petitioner had a conviction for immigration purposes under INA §101(a)(48)(A). (Zazueta v. Barr, 2/22/19) AILA Doc. No. 19032039

 

CA8 Finds Inconclusive Record Renders Petitioner with Criminal Attempt Conviction Ineligible for Cancellation of Removal

The court upheld the BIA, finding that because the record was inconclusive as to whether the petitioner’s conviction for attempted criminal impersonation in Nebraska was a crime involving moral turpitude, the petitioner was not eligible for cancellation of removal. (Pereida v. Barr, 3/1/19) AILA Doc. No. 19032040

EOIR Swears in 31 New Immigration Judges

EOIR announced the investiture of 31 new immigration judges. Then-acting Attorney General Matthew Whitaker appointed the judges to their new positions. Notice includes biographical information. AILA Doc. No. 19032233

Policy for Public Use of Electronic Devices in EOIR Space

EOIR: Attorneys or representatives of record and attorneys from the Department of Homeland Security representing the government in proceedings before EOIR will be permitted to use electronic devices in EOIR courtrooms for the limited purpose of conducting immediately relevant court and business related activities (e.g. scheduling). Electronic devices must be turned off in the courtroom when not in use for authorized purposes, and must be sent to silent/vibrate mode when being used for authorized purposes in the courtroom. Again, these devices may not be used to make audio or video recordings, or capture still images/photographs of any kind, in any EOIR space, to include the courtrooms.

Varick Updates (see MCH schedule attached)

Beginning this Monday, March 18, immigration judges Conroy and Kolbe will begin hearing cases detained cases at the Varick Street Immigration Court. IJ Conroy’s and IJ Kolbe’s dockets at 26 Federal Plaza will be transferred to other judges. Additional judges will be assigned to Varick Street to handle non-detained cases in early spring. An announcement on these assignments will be made in the coming weeks.

 

RESOURCES

 

EVENTS

 

ImmProf

 

Monday, March 25, 2019

Sunday, March 24, 2019

Saturday, March 23, 2019

Friday, March 22, 2019

Thursday, March 21, 2019

Wednesday, March 20, 2019

Tuesday, March 19, 2019

Monday, March 18, 2019

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

I draw special attention to Elizabeth’s Item # 2 “Immigration Courts Getting Lost in Translation.” It’s yet another chapter in the sad saga of how Due Process and best practices are being “dissed” in today’s mismanaged Immigration Court System.

PWS

03-25-19

 

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BETTER LATE THAN NEVER: The Gibson Report – 03-18-19 – Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

TOP UPDATES

 

Federal Court Preserves SIJS for UACs between 18 and 21

ImmProf: On behalf of their clients, the Legal Aid Society and Latham & Watkins praised a decision rendered [Friday] by United States District Judge John Koeltl on litigation brought last June … The lawsuit, filed as a class action by five young adults who applied for but were denied SIJS by the U.S. Citizenship and Immigration Services’ (USCIS), challenged a 2018 policy change in which USCIS unilaterally reinterpreted the law in a manner that effectively precluded minors between the ages of 18 and up to 21 from qualifying for SIJS.

 

U.S. Department of State, Bureau of Democracy, Human Rights and Labor Country Reports on Human Rights Practices for 2018

 

Trump just used his first-ever veto to save his national emergency

Vox: President Donald Trump just used his first veto, and he did it save his recent national emergency, something he declared to obtain funding for a southern border wall. On Friday, he vetoed a congressional resolution that would have terminated the national emergency and barred him from authorizing certain military funds for border wall construction.

 

ICE supervisors sometimes skip required review of detention warrants, emails show

CNN: Internal emails and other ICE documents he obtained through a Freedom of Information Act request, since reviewed by CNN, show that other officers across the five-state region where Oxley worked had improperly signed warrants on behalf of their supervisors — especially on evenings or weekends. Some supervisors even gave their officers pre-signed blank warrants — in effect, illegally handing them the authority to begin the deportation process.

 

Trump admin has turned back 240 asylum-seekers at border under ‘Remain in Mexico’ policy

NBC: Under the Trump administration’s Remain in Mexico policy, 240 asylum-seekers have been turned around near San Diego and sent back to Mexico where they must wait until a U.S. immigration judge can hear their case, Department of Homeland Security officials said Tuesday. See also Scheduling glitch affects first hearings for ‘Remain in Mexico’ returnees and Exclusive: Mexican Officials Are Extorting Thousands Of Dollars From Migrants Applying For Asylum.

 

Trump administration preparing to close international immigration offices

WaPo: The Trump administration is preparing to shutter all international offices of U.S. Citizenship and Immigration Services, a move that could slow the processing of family visa applications, foreign adoptions and citizenship petitions from members of the military stationed abroad.

 

Here are 7 new rules N.J. cops must follow when dealing with immigrants – starting today

NJ.com: The sweeping new procedures, unveiled in November by State Attorney General Gurbir Grewal, outline when the state’s 36,000 police officers can ask people about their immigration status and cut back on cases where police can cooperate with federal Immigration agents. The rules also limit when county jails can detain prisoners who are in the country illegally.

 

‘The Conveyor Belt’: U.S. officials say massive smuggling effort is speeding immigrants to — and across — the southern border

WaPo: Criminal organizations in Mexico have mounted a lucrative new smuggling operation that uses express buses to deliver Guatemalan migrant families to the U.S. border in a matter of days, making the journey faster, easier and safer, according to U.S. law enforcement reports and U.S. and Guatemalan officials.

 

Mother Separated From Family And Detained By ICE Told She Would Be ‘Put In The Hole” If She Didn’t Stop Crying Over ‘Horrible Treatment’

Newsweek: Al Otro Lado, a California-based group offering legal services to immigrants, said that as many as 17 parents are still in ICE custody more than a week after they were initially detained on March 2. As Newsweek previously reported, the parents had came to the U.S. as part of a group of 29 and had been deported after they were separated from their children last year.

 

U.S. weighs plan to phase out family detention at Texas facility, despite migration surge

WaPo: ICE would instead use the Karnes facility to house easier-to-deport single adults, according to the officials, who spoke on the condition of anonymity to discuss plans that have not been finalized.

 

ICE is tapping into a huge license-plate database, ACLU says, raising new privacy concerns about surveillance

WaPo: The database contains billions of records on vehicle locations captured from red-light and speed-limit cameras as well as from parking lots and toll roads that use the nearly ubiquitous and inexpensive scanners to monitor vehicle comings and goings.

 

House Democrats propose offering 2 million immigrants the chance to apply for U.S. citizenship

WaPo: The bill would offer green cards and a path to citizenship to undocumented immigrants who arrived in the United States as children or teenagers — those known as “dreamers” — and to people now in the country on temporary permits that prevent them from being deported.

 

Bush hosting naturalization ceremony: Immigration is a ‘blessing and a strength’

Hill: The former president will also emphasize the importance of immigrants entering the country legally, according to Politico, and will speak about the “responsibility” of elected officials to “regulate who comes in and when.”

 

CEO of Southwest Key, the largest network of shelters for migrant children in the U.S., has resigned

VICE: The New York Times reported Southwest Key has collected $1.7 billion in federal contracts over the past decade. Sanchez was paid $1.5 million in 2017 alone. The organization received widespread attention last summer and fall following controversies surrounding the agency’s management and treatment of undocumented minors in its shelters.

 

In Search of Safety: An Investigation of Abuse at an Immigration Facility

Rewire: Over a ten-month period, Rewire.News partnered with Latino USA to dig into the case of one woman’s alleged sexual abuse. What we learned through a FOIA request raised questions about internal investigations at immigration facilities and the safety of thousands of detained immigrants.

 

Cafe to Help Refugees Opens Inside Brooklyn Public Library

NY1: Emma’s Torch opened the cafe in the Brooklyn Public Library’s main branch. The non profit trains refugees to work in the culinary industry to help them build lives in the community.

 

Trump Crackdown Unnerves Immigrants, and the Farmers Who Rely on Them

NYT: It has long been an open secret that some farms survive by relying on an undocumented labor force. Now, tough immigration enforcement has caused a crisis.

 

Bill to Allow Jury Trials in NYC for Low-Level Charges Clears Hurdle in Albany

NYLJ: A bill that would close a loophole in New York’s criminal procedure law that prohibits jury trials for low-level charges in New York City, but not the rest of the state, cleared a major hurdle this week when it passed the Codes Committee in the state Senate.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Ninth Circuit Court Provides Guidance on Difference Between Motions to Reopen or Reconsider

The Ninth Circuit Court provided guidance on the difference between motions to reopen and motions to reconsider in immigration proceedings including information on jurisdiction, standard of review, requirements, limitations, ineffective assistance of counsel, and more. AILA Doc. No. 19031540

 

SSA Notice of New Travel and Border Crossing Records System of Records

Social Security Administration (SSA) notice of a new system of records entitled Travel and Border Crossing Records to collect information about applicants, beneficiaries, and recipients of benefits under Titles II, XVI, and XVIII who have had absences from the U.S. (84 FR 9195, 3/13/19) AILA Doc. No. 19031302

 

ICE Announces Indictment of Eight Individuals for Exploiting Student Visa System

ICE reports eight individuals were indicted and arrested for conspiracy to commit visa fraud and harboring foreign nationals for profit as part of an undercover operation involving a private university in Detroit that was operated by ICE Homeland Security Investigations (HSI) agents. AILA Doc. No. 19013108

 

RESOURCES

 

 

EVENTS

 

 

ImmProf

 

Sunday, March 17, 2019

Saturday, March 16, 2019

Friday, March 15, 2019

Thursday, March 14, 2019

Wednesday, March 13, 2019

Tuesday, March 12, 2019

Monday, March 11, 2019

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

Thanks, as always, Elizabeth!

PWS

03-23-19

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THE GIBSON REPORT 03-11-19 – Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

TOP UPDATES

 

Leaked Documents Show Government Tracking Journalists, Immigration Advocates

NBC: The documents obtained by NBC 7 Investigates show the U.S. Government has a secret database of journalists and immigration advocates where agents collected information on them and in some cases, placed alerts on their passports. Those alerts kept at least three photojournalists and an attorney from entering Mexico to work.

 

Report: ICE Tracking NYC Protests Through ‘Anti-Trump’ Spreadsheet

Gothamist: The tracking was revealed in an email sent by HSI, obtained by the magazine via a public records request, which contained a four-page “Anti-Trump Protest Spreadsheet 07/31/2018,” detailing the time, location, organizers and descriptions of 17 such events happening over a 17-day period last summer.

 

Trump to demand $8.6 billion in new wall funding, setting up fresh battle with Congress

WaPo: President Trump on Monday will request at least $8.6 billion more in funding to build additional sections of a wall along the U.S.-Mexico border, setting up a fresh battle with Congress less than one month after he declared a national emergency.

 

Hundreds of immigrant recruits risk ‘death sentence’ after Army bungles data, lawmaker says

WaPo: Army officials inadvertently disclosed sensitive information about hundreds of immigrant recruits from nations such as China and Russia, in a breach that could aid hostile governments in persecuting them or their families, a lawmaker and former U.S. officials said.

 

Migrant Families Arrive In Busloads As Border Crossings Hit 10-Year High

NPR: The U.S. Border Patrol apprehended more than 66,000 migrants at the Southern border in February, the highest total for a single month in almost a decade.

 

Migrants in Limbo as Court Backlog Balloons and Costs Skyrocket

Bloomberg: Spending at U.S. immigration courts has almost doubled to $119 million in fiscal 2018 from $61 million in fiscal 2015, an analysis of contracts shows. ManTech International Corp. and Booz Allen Hamilton Holding Corp. are among those getting contracts, according to the Bloomberg Government study. But despite the spending and lawmakers’ efforts to bolster the immigration courts, the backlog has also doubled.

 

Why U.S. Visa Numbers Are Down

NPR: In 2018, temporary visas were down 7 percent, and immigrant visas for people coming for permanent residence – those were down 5 percent.

 

ICE Has a Podcast

ICE: During this episode of Careers at ICE, hear from Special Agent Allison Carter Anderson and Special Agent Cory Downs, who will discuss what it’s like to be a Special Agent with ICE’s Homeland Security Investigations, or HSI.

 

US Immigration Is Stuck in the Stone Age—and It’s Putting Lives In Danger

Nation: Lost files, poor communication, faulty technology, and seemingly endless delays: federal audits show that Mikhail and Bayley’s experiences weren’t unusual for the agency, which spends $300 million per year on paper and has disastrously mismanaged a 13-year effort to go digital—often leaving immigrants to deal with the consequences.

 

24 deported parents who returned to border hoping to be reunited with their children have been detained

ABC: Twenty-four migrant parents who returned to the United States on Saturday after they said they were separated and deported without their children are now being detained by the U.S. government, according to Erika Pinheiro, a lawyer for the families and the litigation and policy director of Al Otro Lado.

 

‘They used the kids to get to parents like me’: How ICE’s human smuggling initiative targeted parents and children

CIR: CE officials said the operation, called the Human Smuggling Disruption Initiative, targeted people who paid for coyotes to bring children across the border. However, a review of the operation by Reveal from The Center for Investigative Reporting casts doubt on that official narrative. A search of more than 1,400 smuggling-related cases filed in federal court in the seven months during and after the operation turned up only one case that was clearly connected to the program.

 

Senators push Trump on emergency legal status for 74,000 Venezuelans

WaExaminer: President Trump’s team has been mulling the possibility of granting Temporary Protected Status, a legal protection from deportation that can be granted to people who confront “extraordinary and temporary conditions” in their home country, for weeks. They haven’t come to a decision yet, but congressional support for the proposal is building as lawmakers look to alleviate the humanitarian crisis under way as Maduro defies international calls to relinquish power.

 

Banks bow to pressure to stop profiting from Trump’s immigration policy, but Big Tech remains defiant

WaPo: Last week, JPMorgan Chase, the nation’s largest bank, became the latest major corporation to distance itself from Trump’s immigration policies, concluding that its investments in private detention centers conflicted with its broader business strategy.

 

Five takeaways from Wednesday’s hearings on immigration and family separation

CNN: Homeland Security’s acting inspector general said the office is investigating how the agency is processing asylum seekers and whether undocumented parents were deported without their children. And Customs and Border Protection Commissioner Kevin McAleenan was forced to rehash the botched rollout of that policy to skeptical lawmakers.

 

Census Bureau Seeks Citizenship Data From DHS Ahead of 2020 Census

TIME: As the U.S. Supreme Court weighs whether the Trump administration can ask people if they are citizens on the 2020 Census, the Census Bureau is quietly seeking comprehensive information about the legal status of millions of immigrants.

 

Immigration Groups Want Data On HIV Asylum Seekers

Gothamist: It’s been nearly a decade since the United States began allowing people with HIV from abroad to enter the country as immigrants. But the U.S. has never provided data on the number of HIV-positive refugees or asylum seekers admitted since the immigration law changed in 2010, despite efforts from groups including the Center for American Progress and Immigration Equality.

 

LITIGATION/CASELAW/RULES/MEMOS

 

In ruling with ‘sweeping implications,’ 9th Circuit rules asylum-seeker is entitled to habeas review

ABA: Immigrants seeking asylum may seek habeas review of the procedures leading to expedited removal orders, a federal appeals court has ruled. The March 7 decision by the 9th U.S. Circuit Court of Appeals at San Francisco has “sweeping implications,” according to a press release by the American Civil Liberties Union.

 

New York Lawsuit Challenges Replacement of Immigration Court Hearings with Video Technology

Lawfare: In the latest salvo in a long debate over the use of video teleconferencing (VTC) technology in immigration courts, several legal aid organizations filed a class-action lawsuit on Feb. 12 in New York challenging the U.S. Immigration and Customs Enforcement (ICE) practice of denying in-person hearings to immigrants.

 

Another Federal Judge Bars Trump Administration’s Census Citizenship Question

Recorder: A federal judge in San Francisco has issued a decision finding that the Trump administration’s decision to add a question about citizenship to the 2020 U.S. Census was “arbitrary and capricious.”

 

Humanitarian and Security Crisis at Southern Border Reaches ‘Breaking Point’

DHS: The U.S. Border Patrol is currently encountering illegal immigration at the highest rates since 2007, according to new data. In fact, in February more than double the level of migrants crossed the border without authorization compared to the same period last year, approaching the largest numbers seen in any February in the last 12 years, The New York Times reported.

 

S.___: Fair Day in Court for Kids Act of 2019

On 3/6/19, Senator Mazie Hirono (D-HI), along with Senator Catherine Cortez Masto (D-NV) and Senator Jeff Merkley (D-OR), announced the Fair Day in Courts for Kids Act of 2019, which would provide legal representation for unaccompanied immigrant children during removal proceedings. AILA Doc. No. 19030637

 

S.___: Immigration Court Improvement Act of 2019

On 3/6/19, Senator Mazie Hirono (D-HI), along with Senator Catherine Cortez Masto (D-NV) and Senator Jeff Merkley (D-OR), announced the Immigration Court Improvement Act of 2019, would help insulate immigration judges from political interference or manipulation. AILA Doc. No. 19030638

 

DHS Announces Extension of TPS Designation for South Sudan

DHS Secretary Nielsen announced the extension of the Temporary Protected Status (TPS) designation for South Sudan for 18 months, through November 2, 2020. Further details, including information on the re-registration process and EADs, will appear in a Federal Register notice. AILA Doc. No. 19030831

 

DOS Announces U.S. Embassy in Bogota Begins Processing Venezuelan Immigrant Visas

DOS announced that due to suspension of routine visa services, nonimmigrant visa applications may be submitted at an Embassy or Consulate outside of Venezuela. The U.S. Embassy in Bogota, Colombia has been designated as the primary site to process immigrant visas for residents of Venezuela. AILA Doc. No. 19022834

 

RESOURCES

 

 

EVENTS

 

 

ImmProf

 

Sunday, March 10, 2019

Saturday, March 9, 2019

Friday, March 8, 2019

Thursday, March 7, 2019

Wednesday, March 6, 2019

Tuesday, March 5, 2019

Monday, March 4, 2019

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

Thanks so much to Elizabeth for organizing the “New Due Process Army Reunion Dinner” at Le Botaniste following the FBA Asylum and Immigration Law Conference at New York Law School last Friday, March 8. It was wonderful seeing many former Georgetown Law students, Arlington Immigration Court interns, Judicial Law Clerks, and the many practitioners, retired judges, professors, FBA officials, and NAIJ members who stopped by to “celebrate due process” and envision what a brighter future for America could look like with an independent Immigration Court.

PWS

02-11-19

Related posts:

  1. ⭐️⭐️⭐️⭐️⭐️⚖️🗽🇺🇸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!
  2. THE GIBSON REPORT — 11-16-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Tales Of The Destructive Death Throes Of A Defeated Regime & Other News From The Twilight Zone!
  3. ⚖️THE GIBSON REPORT — 03-22-21 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Georgetown Law Journal Makes History, Of The Best Kind! — My Invitation To Current Georgetown Law Students To Get Involved!
  4. 🧑🏽‍⚖️⚖️🗽🇺🇸WHO’S JUDGE IS IT ANYWAY? — The Crisis Of Independence In Our Immigration Courts! — Coming April 7, 2021! — Sponsored By The HNBA! — Don’t Miss It!

THE GIBSON REPORT — 03-04-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

THE GIBSON REPORT — 03-04-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

TOP UPDATES

 

Rand Paul Says He’ll Vote Against Trump’s Border Emergency, Likely Forcing A Veto

NPR: Senator Rand Paul of Kentucky says he’ll vote in favor of a resolution to terminate President Trump’s national emergency declaration with regards to the U.S.-Mexico border. Paul’s support means the resolution will likely pass the Senate with bipartisan support and could force the president to issue his first veto.

 

‘Remain in Mexico’ gets an expansion

Politico: A Homeland Security official alerted POLITICO’s Ted Hesson [on 2/28/19] that the Trump administration will today expand its “remain in Mexico” policy — which requires asylum seekers to stay in Mexico while awaiting resolution of their cases — to ports of entry in El Paso, San Diego, and Calexico, Calif. Olga Sánchez Cordero, Mexico’s interior minister, said Thursday that approximately 150 asylum seekers have thus far been returned to Mexico under the program. That’s a fraction of the tens of thousands who arrive at the border each month.

 

29 parents separated from their children and deported last year cross U.S. border to request asylum

WaPo: The group of parents quietly traveled north over the past month, assisted by a team of immigration lawyers who hatched a high-stakes plan to reunify families divided by the Trump administration’s family separation policy last year. The 29 parents were among those deported without their children, who remain in the United States in shelters, in foster homes or with relatives.

 

28 women may have miscarried in ICE custody over the past 2 years

AZ Rep: The delivery of a stillborn baby at an immigration detention center in Texas comes after the Trump administration ended an Obama-era policy against holding pregnant women in detention centers.

 

HHS docs show thousands of alleged incidents of sexual abuse against unaccompanied minors in custody

CNN: The Department of Health and Human Services received more than 4,500 complaints of sexual abuse against unaccompanied minors from 2014-2018, according to internal agency documents released Tuesday by Florida Democratic Rep. Ted Deutch.

 

Data from the Center for Migration Studies Shows Sharp Multiyear Decline in Undocumented Immigration

CMS: [T]he Center for Migration Studies of New York (CMS) reports that the US undocumented population has declined by one million since 2010; illegal entries have plummeted to historic lows; and, in recent years, only one third of newly undocumented residents entered this population by crossing the US-Mexico border.

 

Southern Poverty Law Center Launches ‘Immigrant Songs’ Campaign: Listen

Billboard: The Southern Poverty Law Center has launched a campaign to provide legal information and to “protect and advance immigrant rights” through song. “El Corrido de David y Goliat,” by Flor de Toloache, is the first single released as part of the SPLC’s Immigrant Songs campaign.

 

It’s so dangerous to police MS-13 in El Salvador that officers are fleeing the country

WaPo: There is no list in either El Salvador or the United States of Salvadoran police officers who have fled the country. But The Washington Post has identified 15 officers in the process of being resettled as refugees by the United Nations and six officers who have either recently received asylum or have scheduled asylum hearings in U.S. immigration courts. In WhatsApp groups, police officers have begun discussing the possibility of a migrant caravan composed entirely of Salvadoran police — a caravana policial, the officers call it.

 

Physicians for Human Rights Sends Letter Detailing the Health Risks for Infants in Detention

On February 28, 2019, Physicians for Human Rights sent a letter to DHS Secretary Kirstjen Nielsen regarding the inherent health risks for infants in detention. AILA Doc. No. 19022837

 

Immigration Courts’ Growing Reliance on Videoconference Hearings Is Being Challenged

AIC: In some parts of the country, it has long been the practice for detained immigrants to appear for their immigration court hearings via video teleconference (“VTC”), rather than in-person. This is especially the case for immigrants being held in remote detention centers, hours from the nearest immigration court. However, under the Trump administration, immigration courts are increasingly relying on VTC.

 

Brooklyn DA supports plan to give driver’s licenses to illegal immigrants

NYPost: There is already state legislation pending, and the Fiscal Policy Institute estimates 265,000 immigrants would be eligible to apply if the measure passes.

 

Americans’ immigration emergency: Their spouses could be deported or exiled if they seek green cards

PRI: Enough families have already been hurt by the law, with its mandatory “bars,” or exile, that can last 10 years, 20 years, even a lifetime, depending on the spouse’s immigration history, as the Center for Public Integrity has reported in multiple stories. But with Trump insisting there’s a “national emergency” on the southern border—despite record low crossings—these US citizens want to let their fellow Americans know that they’re suffering an emergency every day.

 

U.S. denied tens of thousands more visas in 2018 due to travel ban: data

Reuters: The U.S. State Department refused more than 37,000 visa applications in 2018 due to the Trump administration’s travel ban, up from less than 1,000 the previous year when the ban had not fully taken effect, according to agency data released on Tuesday.

 

40 Years After The Vietnam War, Some Refugees Face Deportation Under Trump

NPR: More than four decades after the Vietnam War brought waves of expatriates to the United States, the Trump administration wants to deport thousands of Vietnamese immigrants, including many refugees, because of years-old criminal convictions. U.S. officials have been working behind the scenes to convince the Vietnamese government to repatriate more than 7,000 Vietnamese immigrants with criminal convictions. They have all been ordered removed from the U.S. by a judge.

 

Human Smugglers Are Thriving Under Trump

Atlantic: Trump’s “zero tolerance” immigration policies have made America’s historically weak anti-smuggling efforts even weaker. Over the past two years, as smuggling networks have thrived, the Department of Homeland Security has shifted money and manpower away from more complex investigations to support the administration’s all-out push to arrest, detain, and deport immigrants here illegally.

 

Emails Show US Border Officials Didn’t Receive “Zero Tolerance” Guidance Until After The Policy Was Enacted

BuzzFeed: US border officials didn’t receive guidance from the Trump administration on how to implement its “zero tolerance” policy that led to separations of migrant families until after Department of Homeland Security Secretary Kirstjen Nielsen signed a memo enacting it, according to emails obtained by Democracy Forward through a Freedom of Information Act request.

 

When Trump declared national emergency, most detained immigrants were not criminals

WaPo: According to new U.S. Immigration and Customs Enforcement figures obtained by The Washington Post, the nation’s immigration jails were not filled with such criminals. As of Feb. 9, days before the president’s declaration, nearly 63 percent of the detainees in ICE jails had not been convicted of any crime.

 

He Exposed Abuse At A Florida Immigrant Detention Center. Now He’s In Prison

WLRN: Weeks after a documentary exposing injustices at a South Florida for-profit immigration detention center debuted at a national film festival, Claudio Rojas— the film’s inside source— was arrested by U.S. Immigration and Customs Enforcement in Miramar during his annual visa check-in, records show.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Trump Administration Forced To Extend TPS Protections To More Than 250,000 Immigrants Due To Court Injunction

Newsweek: The Department of Homeland Security announced on Thursday that to comply with a court injunction it would extend the Temporary Protected Status it sought to terminate for hundreds of thousands of immigrants from El Salvador, Nicaragua, Haiti and Sudan.

 

Exasperated Federal Judge Pokes Holes In Trump Administration’s Refusal To Protect Young Immigrants

Gothamist: A federal judge in Manhattan heard arguments Monday on a class action case that could determine whether undocumented immigrants in New York between the ages of 18 and 21 can stay in the country legally if they’ve been abused or abandoned by a parent.

 

ICE Detention Center Says It’s Not Responsible for Staff’s Sexual Abuse of Detainees

ACLU: Although the employee pled guilty to criminal institutional sexual assault under Pennsylvania law, the defendants contend that they should not be liable for any constitutional violations. Their argument rests in part on their assessment that the sexual abuse was “consensual” and that they should be held to a different standard because the Berks Family Residential Center is an immigration detention facility rather than a jail or prison.

 

The Government Is Hiding Information About How It Deports People – This Lawsuit Seeks to Expose That

AIC: The lawsuit demands the Executive Office for Immigration Review and the Department of Justice release to the public information on how immigration court stays of removal are decided.

 

Judge grants citizenship to twin son of gay couple

AP: A federal judge in California ruled Thursday that a twin son of a gay married couple has been an American citizen since birth, handing a defeat to the U.S. government, which had only granted the status to his brother. The State Department was wrong to deny citizenship to 2-year-old Ethan Dvash-Banks because U.S. law does not require a child to show a biological relationship with their parents if their parents were married at the time of their birth, District Judge John F. Walter found.

 

At Least Nine Babies Are Being Detained by U.S. Immigration Authorities, a Complaint Says

Buzzfeed News reports that according to a complaint filed by AILA, the American Immigration Council, and CLINIC, at least nine infants under the age of 1, and some as young as 6 months, have been detained by ICE at a Texas detention center where they lack adequate medical care. AILA Doc. No. 19030136

 

ICE Releases Guidance on Migrant Protection Protocols

ICE released a memo providing guidance to impacted Enforcement and Removal Operations (ERO) field offices on implementation of the Migrant Protection Protocols. AILA Doc. No. 19022870

 

Presidential Proclamation on Declaring a National Emergency Concerning the Southern Border of the United States

President Trump issued a presidential proclamation on 2/15/19 declaring a national emergency along the southern border. (84 FR 4949, 2/20/19) AILA Doc. No. 19021539

 

USCIS Releases Q&As from Teleconference Discussing USCIS Intercountry Adoption Policy Guidance

USCIS provided background and effective dates, as well as Q&As, from the 1/22/19 teleconference on determining suitability of prospective adoptive parents for intercountry adoption policy guidance that USCIS issued on 11/9/18. AILA Doc. No. 19011400

 

USCIS Provides Q&As from Teleconference on N-648 Changes

USCIS provided the Q&As from the 2/12/19 teleconference discussing USCIS policy guidance on Form N-648, Medical Certification for Disability Exceptions. The Q&As covered the effective date, N-648 requirements, policy highlights, and more. AILA Doc. No. 19012835

 

USCIS to Publish Revised Form I-539 and New Form I-539A

USCIS announced that on 3/11/19, it will publish a revised Form I-539, Application to Extend/Change Nonimmigrant Status, and a new Form I-539A to replace the Supplement A in previous versions of Form I-539. Starting on 3/11/19, USCIS will only accept I-539s with a 2/4/19 edition date. AILA Doc. No. 19021137

 

USCIS Processing Delays Soared While Application Rates Fell

AILA Policy Counsel Jason Boyd highlights newly released USCIS data and shows how the new information “has cast an even harsher glare on the agency’s well-documented failure to process its caseload in a timely fashion.” AILA Doc. No. 19030137

 

RESOURCES

 

 

EVENTS

 

 

ImmProf

 

Monday, March 4, 2019

Sunday, March 3, 2019

Saturday, March 2, 2019

Friday, March 1, 2019

Thursday, February 28, 2019

Wednesday, February 27, 2019

Tuesday, February 26, 2019

Monday, February 25, 2019

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

Thanks, Elizabeth!

 

PWS

03-05-19

Related posts:

  1. THE GIBSON REPORT — 04-09-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Project — Why Acting DHS Secretary Kevin McAleenan Should End Up In Jail If He Follows Trump’s Unlawful & Unconstitutional Plans!
  2. ⚖️THE GIBSON REPORT — 03-15-21 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Keep Up To Date On The Biden Administration’s Immigration Plans & Actions!
  3. BIA SEEKS TO REPEAL CAT BY MISINTERPRETATION; MUSALO’S FACT FINDING MISSION TO EL SALVADOR SHOWS MALICIOUS ABSURDITY OF REGIME’S BOGUS “SAFE THIRD COUNTRY” ASSAULT ON HUMAN RIGHTS; 9th & 11th CIRCUITS CONTINUE TO TANK ON THE RULE OF LAW; & OTHER LEGAL NEWS ABOUT THE WHITE NATIONALIST REGIME & THE RESISTANCE — The Gibson Report — 12-10-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  4. THE GIBSON REPORT — 02-21-21 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

THE GIBSON REPORT — 02-25-19 — Compiled By Elizabeth Gibson, Esquire, New York Legal Assistance Group

THE GIBSON REPORT — 02-25-19 — Compiled By Elizabeth Gibson, Esquire, New York Legal Assistance Group

TOP UPDATES

 

Homeland Security Regional Compact Plan

DHS: On February 20, Secretary of Homeland Security Kirstjen M. Nielsen met Northern Triangle security ministers in San Salvador, El Salvador to discuss the development of a “regional compact” and action plan aimed at addressing the ongoing humanitarian and security crisis of irregular migration and the formation of migrant caravans. See also Homeland Security Regional Compact Plan Won’t Address Root Causes of Refugee Crisis.

The Demographics of Detention: Immigration Enforcement in NYC Under Trump

NYC Comptroller:  The data clearly show that immigration enforcement actions have increased under the Trump Administration… Chinese immigrants make up the largest nationality of New York City immigrants with immigration court proceedings, with over 10,000 immigration cases (21 percent of cases) begun since FY 2016. Immigrants from India comprise roughly ten percent of all cases, while immigrants from Ecuador account for about 7 percent of cases and immigrants from Bangladesh for about 8 percent of cases.

 

Trump Admin Weighs Shielding Venezuelan Migrants From Deportation

DailyBeast: Team Trump moved to end ‘Temporary Protected Status’ for people from half a dozen countries. Now there’s debate about extending it to Venezuelans—and the pushback has begun.

 

EOIR Rules Are Biased Against Immigration Attys, AILA Says

Law360 reports on a letter sent by AILA Executive Director Ben Johnson and AILA President Anastasia Tonello to EOIR Director James McHenry expressing concerns that a memo he issued “perpetuated” the “continued imbalance in the treatment of counsel” appearing in immigration courts. AILA Doc. No. 19022001

 

Mexican Cops Do Trump’s Dirty Work Thwarting Asylum Seekers

DailyBeast: Mexico is not paying for ‘The Wall,’ but some officials are playing the U.S. administration’s game along the border, and the human cost is high.

 

Transgender woman deported from US murdered in El Salvador

WaBlade: The group looked for Camila at various hospitals and eventually learned she had been admitted to Rosales National Hospital in San Salvador, the Salvadoran capital, on Jan. 31 with multiple injuries. Camila passed away on Feb. 3.

 

ICE Is Sending Hundreds of Asylum-Seekers to a Private Prison in Mississippi

MJ: ICE’s experiment at Tallahatchie has been carried out with little transparency or oversight. Congress required ICE in 2018 to publish basic information about the jails and detention centers it uses, but the agency has kept Tallahatchie off that list.

 

Migrant Youth Go From A Children’s Shelter To Adult Detention On Their 18th Birthday

NPR: When migrant children cross the border without their parents, they’re sent to federal shelters until caseworkers can find them a good home. But everything changes when they turn 18. That’s when, in many cases, they’re handcuffed and locked up in an adult detention facility. The practice is sparking lawsuits and outrage from immigrant advocates.

 

Democrats Used To Talk About ‘Criminal Immigrants,’ So What Changed The Party?

NPR: The makeup of the Democratic Party has changed, and its base has adopted a fundamentally more progressive attitude on immigration in a relatively short time span, which poses a challenge for party leaders.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Multiple Lawsuits Filed Against Trump’s National Emergency Declaration

AIC: The biggest challenge yet came on Monday [2/18], when a coalition of sixteen states—including California, New Mexico, and New York—brought a lawsuit in the Federal District Court in the Northern District of California. See also Tracking the legal challenges to Trump’s emergency declaration.

 

After long wait, U.S. moves forward with proposal to end work permits for spouses of H-1B visa holders

NBC: The rule change would strip employment authorization from the spouses of H-1B visa recipients who are on track for green cards to work in the United States.

 

EOIR Issues Memo on Its Strategic Caseload Reduction Plan

EOIR issued a redacted version of its strategic caseload reduction plan pursuant to an AILA FOIA request. AILA Doc. No. 19021932. See also FOIA Reveals EOIR’s Failed Plan for Fixing the Immigration Court Backlog.

 

EOIR Announces Plans to Relocate the Buffalo Immigration Court

EOIR announced it will temporarily close its Buffalo, NY, immigration court at 12:00 noon (ET) on February 20, 2019, to prepare for relocation to another floor within the building. Hearings will recommence on the third floor of the building on February 26, 2019. AILA Doc. No. 19021933

 

USCIS Contact Center Experiencing “Higher Than Normal” Wait Times

USCIS announced that its Contact Center is experiencing higher than normal wait times for callers to speak to a representative. Representatives are available from 8:00 am to 8:00 pm (ET), Monday – Friday (excluding federal holidays). USCIS encourages callers to use its online tools. AILA Doc. No. 19022531

 

RESOURCES

 

 

EVENTS

 

 

ImmProf

 

Monday, February 25, 2019

Sunday, February 24, 2019

Saturday, February 23, 2019

Friday, February 22, 2019

Thursday, February 21, 2019

Wednesday, February 20, 2019

Tuesday, February 19, 2019

Monday, February 18, 2019

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

Thanks, Elizabeth!

 

PWS

02-27-19

Related posts:

  1. THE GIBSON REPORT — 02-18-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  2. KEEP UP TO DATE WITH ALL OF THE REGIME’S LATEST ANTI-IMMIGRANT SCHEMES, GIMMICKS, & SHENANIGANS – THE GIBSON REPORT – 01-06-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  3. 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”⚖️
  4. THE GIBSON REPORT — 11-23-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal,Assistance Group —  Court Losses, Rebukes Pile Up For Loser Scofflaw White Nationalist Regime — But Cruelty, Stupidity, & Sabotage Of Democracy Still On The Agenda For Defeated Kakistocracy!🏴‍☠️☠️⚰️👎🏻

THE GIBSON REPORT — 02-18-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

THE GIBSON REPORT — 02-18-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

TOP UPDATES

 

Presidential Proclamation on Declaring a National Emergency Concerning the Southern Border of the United States

President Trump issued a presidential proclamation declaring a national emergency along the southern border. AILA Doc. No. 19021539. See also: National Emergency Declaration is Unnecessary and Irresponsible.

 

William Barr was confirmed as U.S. attorney general. Here’s what to expect on crime, immigration and marijuana.

NBC: Barr has taken uncompromising positions on immigration, and experts say they don’t expect that to change. During Barr’s first term as attorney general, from 1991 to 1993, he made it harder for asylum-seekers to enter the United States. He sent immigration officers to foreign airports to screen people before they boarded planes to America. And he blocked Haitians fleeing a 1991 coup, arranging for them to be detained at Guantánamo Bay, Cuba, and screened for HIV and AIDS before they could claim asylum at the U.S. border.

 

H.J.Res.31: Consolidated Appropriations Act, 2019

On 2/15/19, President Trump signed the Consolidated Appropriations Act, 2019 to fund the government through the end of FY2019. Among other things, the bill increases funding for immigration detention by at least 12% and includes $1.375 billion for 55 new miles of border fencing. AILA Doc. No. 19021470

 

Immigration groups say they won’t recommend IDNYC to clients if financial smart chip plan moves forward

DailyNews: Advocacy groups will no longer recommend that undocumented immigrants get a municipal I.D. card if the city goes forward with plans to add a financial services smart-chip to them, several said Monday.

 

More border surveillance tech could be worse for human rights than a wall

WaPo: Lacking meaningful oversight, there is essentially no limit to the ways the government could abuse this kind of data, which includes personal details like family history and health information. Spending more money on these existing surveillance programs will only increase their scope and their capacity for harm. It seems only defense contractors and big tech companies stand to profit from government contracts by helping to build a “smart wall.”

 

Importance of Nationality in Immigration Court Bond Decisions

TRAC: The chances of being granted bond at hearings before immigration judges vary markedly by nationality, as do required bond amounts. These differences among nationality groups are striking and are the focus of this report. Currently more than three out of every four individuals from India or Nepal, for example, were granted bond, while only between 11 and 15 percent of immigrants from Cuba received a favorable ruling.

 

New Report: False “Gang Allegations” Deny NY Teens’ Access to Immigration Status and Bond Services

NYIC: The New York Civil Liberties Union and the New York Immigration Coalition released a new report today documenting how allegations of gang membership, no matter how vague or flimsy, can lead to the denial of immigration relief to immigrant youth. The report finds that gang allegations are used to deny petitions for Special Immigrant Juvenile Status, release on bond, and other forms of relief such as asylum, DACA and even U-visas.

 

Border Towns Are Among the Safest in the United States

AIC: . FBI data shows that border towns have statistically lower violent crime rates than other parts of the country. Former Customs and Border Protection (CBP) Commissioner David Aguilar even testified that “border communities are safer than the interior locations of each of the border states.”

 

ICE Is Sending Hundreds of Asylum-Seekers to a Private Prison in Mississippi

MJ: The closest city to Tallahatchie is Memphis, 90 miles to the north. CoreCivic, the private prison giant that runs Tallahatchie, has traditionally used the 2,672-person prison to hold criminals sent by state governments across the country facing space shortages in their own facilities. But when CoreCivic said last year that California would remove its 1,300 inmates from Tallahatchie amid an effort to end its use of out-of-state prisons, the company found a new population of inmates to make up for the shortfall: In June, it signed a contract that allows ICE and the US Marshals Service to incarcerate up to 1,350 people at the prison.

 

Immigration And The Economy

NPR: The U.S. has a big advantage when it comes to a young labor pool — its population of immigrants. David Wessel of the Brookings Institution explains why to NPR’s David Greene.

 

US Undocumented Population Continued to Fall from 2016 to 2017 and Visa Overstays Significantly Exceeded Illegal Crossings for the Seventh Consecutive Year

CMS: The US undocumented population from Mexico fell by almost 400,000 in 2017. In 2017, for the first time, the population from Mexico constituted less than one half of the total undocumented population. Since 2010, the undocumented population from Mexico has declined by 1.3 million.

 

Wait in Mexico Policy, Access to Counsel, & Crime

Chase: One of my first reactions to the remain in Mexico policy was the impact it would have on access to counsel.  I have heard disturbing first-hand reports from individuals who have traveled to Tijuana to provide legal assistance to refugees there.  When crossing back to the U.S., American citizens identified by Customs and Border Patrol officers as “activists” have been harassed by being sent to secondary inspection, where they have been questioned and, remarkably, have had the contents of their electronic devices accessed by DHS agents.

 

Being An Immigration Judge Was Their Dream. Under Trump, It Became Untenable.

BuzzFeed: While some, like Jamil, have resigned, others have retired early in large part because of the policies instituted under Trump, they said. For those remaining at the immigration court, the mood is bleak.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Groups File Lawsuit Against Trump Policy Forcibly Returning Asylum Seekers to Mexico

CGRS: The American Civil Liberties Union, Southern Poverty Law Center, and Center for Gender & Refugee Studies filed a federal lawsuit [] challenging the Trump administration’s new policy forcing asylum seekers to return to Mexico and remain there while their cases are considered.

 

Government asks justices to resolve census citizenship case this term

SCOTUSblog: Last week the Supreme Court announced that it would no longer hear oral argument on February 19 in a dispute over evidence in a challenge to the Trump administration’s decision to bring a question about citizenship back to the 2020 census. That announcement came after a federal district court in New York barred the government from using the question. Today the federal government asked the justices to consider right away whether it can include the question, without waiting for the court of appeals to weigh in on the issue first.

 

Judge Blocks Discrimination Against Puerto Ricans, Says Federal Government Is Engaging in “Citizenship Apartheid”

Slate: In a fiery ruling, Gelpí accused the federal government of unconstitutionally discriminating against Puerto Ricans, violating their equal protection rights by withholding disability benefits owed to mainland residents who are from the island. Gelpí concluded that the Supreme Court’s recent marriage equality decision eroded the old, racist precedents, guaranteeing Puerto Ricans the full privileges of citizenship.

 

CA2 on Padilla – Doe v. US

2nd Cir.: Ineffective assistance of counsel, including during the plea-bargaining process, is a circumstance compelling the grant of a timely application for coram nobis relief… We therefore direct the district court to grant Doe’s coram nobis petition and vacate both his conviction and his plea.

 

USCIS Class Action Member Identification Notice

A class was certified in Zhang v. USCIS that includes any individual with a Form I-526 that was or will be denied on the sole basis of investing loan proceeds that were not secured by the individual’s own assets. Contact USCIS if you believe you are a potential class member. AILA Doc. No. 19021300

 

Presidential Proclamation Extending Proclamation 9822 for 90 Days

President Trump issued a proclamation extending the suspension and limitations from Proclamation 9822 for an additional 90 days. (84 FR 3665, 2/12/19) AILA Doc. No. 19020801

 

USCIS Announces Guidance on Adjudicating Spousal Petitions Involving Minors

USCIS announced the publication of guidance for its officers to consider when adjudicating spousal petitions involving minors. USCIS has also created a flagging system that sends an alert in the electronic system at the time of filing if a minor spouse or fiancé is detected. AILA Doc. No. 19021532

 

RESOURCES

 

 

EVENTS

 

 

ImmProf

 

Monday, February 18, 2019

Sunday, February 17, 2019

Saturday, February 16, 2019

Friday, February 15, 2019

Thursday, February 14, 2019

Wednesday, February 13, 2019

Tuesday, February 12, 2019

Monday, February 11, 2019

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

Thanks Elizabeth.

Elizabeth’s “last item” should be required reading for new AG Bill Barr, Deputy AG nominee Jeff Rosen, DHS Secretary Kirstjen Nielsen, and others working on immigration policy in this Administration.

PWS

02-20-19

 

Related posts:

  1. THE GIBSON REPORT — 05-13-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  2. ⭐️⭐️⭐️⭐️⭐️⚖️🗽🇺🇸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!
  3. THE GIBSON REPORT FOR 12-18-17 – RECOGNIZING: The Absolutely Amazing ELIZABETH GIBSON Of The NY Legal Assistance Group and ALL She Does For Fairness, Justice, & Due Process! — MAKING A DIFFERENCE IN THE LIVES OF OUR MOST VULNERABLE!
  4. 🇺🇸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!🏴‍☠️

THE GIBSON REPORT — 02-11-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

THE GIBSON REPORT — 02-11-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

TOP UPDATES

Talks Over Border Security Break Down, Imperiling Effort to Prevent Shutdown

NYT: Congressional efforts to reach a border security deal ahead of another government shutdown broke down on Sunday over Democratic demands to limit the detention of undocumented immigrants, as President Trump moved more troops to the border and prepared to rally supporters in Texas on Monday. See also Trump to make last-ditch wall pitch on U.S.-Mexico border.

 

Why the Trump admin wants more detention space for migrants and Democrats want a cap

NBC: ICE is already holding more migrants than Congress authorized. It is authorized to hold 40,000, but there were 49,057 immigrants in detention as of Feb. 6.

 

USCIS Processing Times Get Even Slower Under Trump

AIC: The average case processing time for all application types has increased 46 percent under President Trump.

 

Fact-checking President Trump’s 2019 State of the Union address

WaPo: Apprehensions of people trying to cross the southern border peaked most recently at 1.6 million in 2000 and have been in decline since, falling to just under 400,000 in fiscal 2018. The decline is partly because of technology upgrades; tougher penalties in the wake of the 9/11 terrorist attacks; a decline in migration rates from Mexico; and a sharp increase in the number of Border Patrol officers. See also For the Last Time, Here’s the Real Link Between Immigration and Crime.

 

Groups File FOIA Request to Demand Transparency on Implementation of “Remain in Mexico” Policy

NILC: Advocacy groups are seeking information regarding the Trump administration’s recent changes to the asylum process at the southern border, which have been outlined only in vague terms so far but promise to significantly change the process as we know it.

 

Letter to Nielsen Shows Potential Catastrophic Impact of Migrant Protection Protocols

AIC: First-hand testimonies of ten asylum-seeking families attest to the violence—including rape, beatings, kidnappings, and ransom—they faced on the Mexican side of our southern border.

 

Trump’s immigration policies are benefiting smugglers and violent crime groups in Mexico

AZ: Smugglers are also increasingly shifting routes to New Mexico and Arizona, where migrants and advocacy groups can more easily help deliver migrants to U.S. authorities, Correa-Cabrera said. But the border terrain there is also more hostile, with vast deserts and mountains and farther away from major cities, she said.

 

New Mexico governor withdraws National Guard from the border, slams Trump’s ‘charade’

NBC: While Lujan Grisham ordered the withdrawal of many of the troops, she also directed troops in Hidalgo County and the surrounding southwestern areas to remain in place. Those troops will continue to “assist with the ongoing humanitarian needs of communities there, who have seen large groups of families, women and children crossing over the border in the remote Antelope Wells area in recent months,” she said.

 

The largest-ever U.S. fentanyl bust came at a legal entry point. That shouldn’t come as a surprise.

WaPo: President Trump has repeated time and again a border wall will prevent illegal drugs from being trafficked into the United States. The Washington Post’s fact-checking team has previously debunked these claims and determined Trump has repeated some version of them at least 71 times.

 

New York bill targets workplace immigration discrimination

StarTrib: Attorney General Letitia James is proposing legislation to sharpen the language of an existing law, which bars employers from firing, threatening, penalizing or otherwise discriminating against workers who report or blow the whistle on wage violations.

 

LITIGATION/CASELAW/RULES/MEMOS

 

BIA Reopens Proceedings Sua Sponte for TPS Holder to Adjust Status

Unpublished BIA decision reopens proceeding sua sponte to let respondent with TPS adjust status under Ramirez v. Brown, 852 F.3d 954 (9th Cir. 2017). Special thanks to IRAC. (Matter of Pineda, 2/23/18) AILA Doc. No. 19020802

 

BIA Holds California Child Abuse Statute Not a CIMT

Unpublished BIA decision holds that child abuse under Cal. Penal Code 273a(a) is not a CIMT because it only requires a mens rea of negligence and can be violated by conduct that is believed in good faith to be in the child’s best interest. Special thanks to IRAC. (Matter of Torres, 2/22/18) AILA Doc. No. 19020630

 

BIA Rejects DHS Request to Overrule Matter of Cota

Unpublished BIA decision rejects DHS request that it overrule Matter of Cota, 23 I&N Dec. 849 (BIA 2005), over dissent of Member Garry Malphrus. Special thanks to IRAC. (Matter of Madrigal, 2/22/18) AILA Doc. No. 19020632

 

BIA Declines to Consider Interlocutory DHS Appeal Challenging Three-Month Continuance

Unpublished BIA decision declines to consider interlocutory DHS appeal of decision continuing proceedings from November 2017 to February 2018. Special thanks to IRAC. (Matter of Concha, 2/16/18) AILA Doc. No. 19020540

 

BIA Rescinds In Absentia Order Because Attorney Failed to Update Address

Unpublished BIA decision rescinds in absentia order because hearing notice was mailed to old address that attorney failed to update after moving offices. Special thanks to IRAC. (Matter of Liu, 2/12/18) AILA Doc. No. 19020438

 

BIA Equitably Tolls 30-Day Appeal Deadline

Unpublished BIA decision equitably tolls deadline to file appeal in light of ineffective assistance by prior counsel in failing to pursue asylum application. Special thanks to IRAC. (Matter of S-L-H-O-, 2/12/18) AILA Doc. No. 19020439

 

BIA Finds Respondent Eligible to Adjust Status Under INA §245(i)

Unpublished BIA decision finds respondent eligible to adjust status under INA §245(i), stating that an applicant need only be the beneficiary of either a labor certification or a visa petition filed on or before April 30, 2001. Special thanks to IRAC. (Matter of Dominguez, 2/13/18) AILA Doc. No. 19020532

 

BIA Rescinds In Absentia Order Because Hearing Notice Omitted “In Care Of”

Unpublished BIA decision rescinds in absentia order because address on hearing notice did not include “in care of” notation listed on respondent’s change of address form. Special thanks to IRAC. (Matter of Mejia-Flores, 2/15/18) AILA Doc. No. 19020533

 

BIA Rescinds In Absentia Order for Respondent Whose Car Broke Down En Route to Hearing

Unpublished BIA decision rescinds in absentia order under totality of the circumstances against respondent who had appeared at 15 prior hearings and whose car broke down en route to his final hearing. Special thanks to IRAC. (Matter of Gudiel, 2/16/18) AILA Doc. No. 19020504

 

BIA Rescinds In Absentia Order Because NTA Did Not Specify Immigration Court

Unpublished BIA decision rescinds in absentia order because NTA did not specify the particular immigration court at which the respondent was required to appear. Special thanks to IRAC. (Matter of Ramos, 2/9/18) AILA Doc. No. 19020434

 

BIA Rescinds In Absentia Order Because Attorney Failed to Notify Respondent of Hearing

Unpublished BIA decision rescinds in absentia order where attorney who received hearing notice conceded that he failed to notify the respondent of the hearing. Special thanks to IRAC. (Matter of Jiminez, 3/1/18) AILA Doc. No. 19021104

 

BIA Dismisses DHS Appeal as Moot Following Issuance of Immigrant Visa

Unpublished BIA decision dismisses as moot a DHS appeal challenging the termination of proceedings following approval of a provisional unlawful presence waiver because the respondent was issued an immigrant visa while the appeal was pending. Special thanks to IRAC. (Matter of Arroyo, 3/5/18) AILA Doc. No. 19021106

 

BIA Holds Possession of Drug Paraphernalia in Arizona Is Not a Controlled Substance Offense

Unpublished BIA decision holds that possession of drug paraphernalia under Ariz. Rev. Stat. 13-3415(A) is not a controlled substance offense because Arizona’s drug schedules contain substances not listed on the federal schedule. Special thanks to IRAC. (Matter of Arreaza-Oliva, 2/28/18) AILA Doc. No. 19020803

 

CA1 Upholds BIA Finding That Untimely MTR Was Not Amenable to Equitable Tolling for Failure to Diligently Pursue Relief

The court affirmed petitioner failed to exercise the due diligence necessary to equitably toll MTR; found evidence he was on notice of possible ineffective assistance claim prior to, and after, removal order, yet waited nearly five years to file MTR. (Medina v. Whitaker, 1/22/19) AILA Doc. No. 19021105

 

CA1 Holds Persecutor Bar Applies Even If Applicant Lacked Personal Motive When Participating in Persecution

The court upheld reversal of NACARA cancellation, finding persecutor bar does not require an assistant share persecutors’ motive; bar applies to one who knowingly aided persecution based on protected ground, regardless of whether they held “illicit motive.” (Alvarado v. Whitaker, 1/24/19) AILA Doc. No. 19020836

 

CA1 Finds Failure to Demonstrate Past Persecution or Fear of Future Persecution Based on Any Protected Ground

The court affirmed petitioner only raised “wealthy returning Guatemalans” as protected ground, which precedent says is not PSG; failed to raise family status as potential protected ground; and failed to establish any fear of torture for CAT remedy. (Batres Agustin v. Whitaker, 1/25/19) AILA Doc. No. 19020841

 

CA1 Upholds BIA Denial of MTR for Failure to Show Material Change in Country Conditions for Asylum

The court found gang and cartel violence in Mexico between 2012 and 2018 had not materially changed; rather, gang/cartel violence was a persistent problem and one that petitioner failed to prove would impact her as an “imputed American citizen.” (Garcia-Aguilar v. Whitaker, 1/16/19) AILA Doc. No. 19020535

 

CA1 Upholds BIA Determination of Untimely MTR, Denies Jurisdiction to Review BIA Decision to Not Exercise Sua Sponte Authority to Reopen

The court affirmed I-130 filed after removal order was not statutory exception to deadline, nor was it extraordinary circumstance to trigger equitable tolling; CA6 also declined to decide if §242(a)(2)(D) confers jurisdiction in constitutional-claim context. (Gyamfi v. Whitaker, 1/10/19) AILA Doc. No. 19020536

 

CA4 Upholds BIA Dismissal of Appeal from Withholding Denial for Lack of Nexus Due to Alleged Protected Ground

The court did not reach whether harm constituted persecution or petitioner was member of proposed PSG (related to disabled family member) because it affirmed no nexus; rather, evidence showed rejection of gang membership triggered harassment. (Cortez-Mendez v. Whitaker, 1/7/19) AILA Doc. No. 19020702

 

CA5 Upholds BIA Denial of Untimely Filed MTR, Finds No Relevant Exceptions

The court held motion to reopen denial based on ambiguous record of mailing address was not abuse of discretion; no jurisdiction to review changed country conditions as it’s question of fact; and no due process violation because no liberty interest exists in MTR. (Mejia v. Whitaker, 1/16/19) AILA Doc. No. 19020805

 

CA5 Holds BIA’s Adverse Credibility Determination Supported by Explicitly Considered and Substantial Evidence

The court held BIA did not err in relying on inconsistencies between testimony, application, and affidavits; nor did it err in determining that corroborating documentary evidence was reiterative and failed to resolve the inconsistencies within main narrative. (Ghotra v. Whitaker, 1/4/19) AILA Doc. No. 19020804

 

CA9 Reverses, Vacates EAJA Award that Disallowed Fees on Unreached Claims, Remands to Redetermine Fees and Government’s Bad Faith Actions

The court held district court erred in finding unreached claims were “unsuccessful”; per Hensley, they all arose from same course of conduct, were related, and recoverable; held agency conduct and litigation be considered in totality to determine bad faith. (Ibrahim v. DHS, 1/2/19) AILA Doc. No. 19020833

 

CA9 Upholds BIA Denials of Asylum and Withholding, Affirms No Duress or De Minimus Exceptions to Material Support Bar

The court held Annachamy foreclosed duress argument, and, thus, was not colorable claim for jurisdiction over otherwise unreviewable determination; also held plain text of material support bar unambiguously contained no exception for de minimus funds. (Rayamajhi v. Whitaker, 1/15/19) AILA Doc. No. 19020832

 

CA11 Upholds Denial for Failure to Show Membership in a Cognizable Social Group

The court affirmed—whether under Chevron or de novo—that “Mexican citizens targeted by criminal groups because they have been in the US and they have families in the US” was not sufficiently particular nor distinct to be PSG; it also found no nexus. (Perez-Zenteno v. Att’y Gen., 1/25/19) AILA Doc. No. 19021107

 

CA11 Remands to BIA to Determine Depth of IJ’s Inquiry Into Voluntariness in Ineffective Assistance Claim

The court found petitioner failed to order transcript, and held it could rely on IJ’s record reconstruction; here, record was inadequately memorialized, so CA11 determined it could be incomplete and remanded to determine the scope of the recreation. (Flores-Panameno v. Att’y Gen., 1/22/19) AILA Doc. No. 19020537

 

ICE Announces Indictment of Eight Individuals for Exploiting Student Visa System

ICE reports eight individuals were indicted and arrested for conspiracy to commit visa fraud and harboring foreign nationals for profit as part of an undercover operation involving a private university in Detroit that was operated by ICE Homeland Security Investigations (HSI) agents. AILA Doc. No. 19013108

 

CBP Officer Involved in Shooting at Port of Nogales, DeConcini Crossing

CBP announced that an officer was involved in a shooting on 2/7/19 and the driver of the truck involved sustained a gunshot wound. CBP officers were not injured. The driver, a U.S. citizen, is in critical condition. AILA Doc. No. 19021101

 

USCIS 30-Day Extension of Comment Request Period on Proposed Revisions to Form I-693

USCIS 30-day extension of a comment period originally announced at 83 FR 52228 on 10/16/18 on proposed revisions to Form I-693, Report of Medical Examination and Vaccination Record. Comments are now due 3/4/19. (84 FR 1189, 2/1/19) AILA Doc. No. 19020436

 

USCIS to Close the Moscow Field Office

USCIS will permanently close its field office in Moscow, Russia, on 3/29/19. The last day it will be open to the public and accepting applications is 2/28/19. The USCIS field office in Athens, Greece, will assume jurisdiction over immigration matters from countries previously covered by Moscow. AILA Doc. No. 19020502

 

RESOURCES

 

·         Practice Alert: Changes to the USCIS InfoPass Scheduling Process

·         DOJ, ICE Recognize International Day of Zero Tolerance for Female Genital Mutilation/Cutting

·         Stokeling v. United States: Supreme Court Defines “Crime of Violence”

·         “Migrant Protection Protocols”: Legal Issues Related to DHS’s Plan to Require Arriving Asylum Seekers to Wait in Mexico

·         A Constitutional Argument for an Independent Immigration Court

·         Lawful Permanent Residency 101: Procedural Overview and Visual Step-by-Step

·         Practice Alert: Update on USCIS Practice of Denying Pending Forms I-131 for Abandonment Due to International Travel

·         Matter of A-B- : Case Updates, Current Trends, and Suggested Strategies

·         NIJC on Matter Of A-B-

·         AILA ICE Liaison Committee Meeting Q&As (10/23/18)

 

EVENTS

 

 

ImmProf

 

Monday, February 11, 2019

·         From the Bookshelves: No Human Is Illegal: An Attorney on the Front Lines of the Immigration War by J. J. Mulligan Sepulveda

Sunday, February 10, 2019

·         USCIS Ombudsman Failing Responsibility

·         Evangelical Pastor: Immigration is Biblical

·         WaPo Covers Congressmen’s Immigration Poster Wars

·         The Advantage of Immigrant Actors?

·         Immigration Article of the Day: Driver’s Licenses for All? Racialized Illegality and the Implementation of Progressive Immigration Policy in California by Laura E. Enriquez, Daisy Vazquez , and S. Karthick Ramakrishnan

Saturday, February 9, 2019

·         FindHello: New App Seeks to Provide Resources to Immigrants, Asylees, Refugees

·         Immigration Article of the Day: Dreams Deterred: The Collateral Consequences of Localized Immigration Policies on Undocumented Latinos in Colorado by Lisa M. Martinez and Debora M. Ortega

·         At the Movies: The Long Ride, a documentary

Friday, February 8, 2019

·         Your Playlist: Malinda Kathleen Reese

Thursday, February 7, 2019

·         Immigration Article of the Day: Rights Disappear When US Policy Engages Children As Weapons of Deterrence by Craig B. Mousin

Wednesday, February 6, 2019

·         Career Opportunity: University of California Immigrant Legal Services Center: UC San Diego Staff Attorney Position

·         Your Playlist: The Killers

·         President Trump Delivers State of the Union, Touts Border Wall

·         From the Bookshelves: The Age of Walls: How Barriers Between Nations are Changing Our World by Tim Marshall

Tuesday, February 5, 2019

·         From the Bookshelves: Deported Americans: Life after Deportation to Mexico by Beth C. Caldwell

Monday, February 4, 2019

·         Government Argues Family Reunification Would Be “Traumatic”

·         The Trump immigration plan? Keep whites in U.S. majority

·         From the Bookshelves: Vanishing Frontiers: The Forces Driving Mexico and the United States Together Hardcover by Andrew Selee

·         Shoba Wadhia on the Two Year Anniversary of the Travel Ban

 

 

If you would like to be added to the Weekly Briefing distribution list, please email egibson@nylag.org.

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

As always, thanks Elizabeth, for all you do!

PWS

02-12-19

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  2. BIA SEEKS TO REPEAL CAT BY MISINTERPRETATION; MUSALO’S FACT FINDING MISSION TO EL SALVADOR SHOWS MALICIOUS ABSURDITY OF REGIME’S BOGUS “SAFE THIRD COUNTRY” ASSAULT ON HUMAN RIGHTS; 9th & 11th CIRCUITS CONTINUE TO TANK ON THE RULE OF LAW; & OTHER LEGAL NEWS ABOUT THE WHITE NATIONALIST REGIME & THE RESISTANCE — The Gibson Report — 12-10-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  3. A VERY TRUMPY CHRISTMAS:  PERVERTING ASYLUM REGS; USING VULNERABLE KIDS AS BAIT; ORBITING REFUGEES TO DEADLY ASYLUM-FREE ZONES; SCREWING WITH LEGAL IMMIGRANTS; DEATH CAMPS; STAR CHAMBERS; MORE PROSECUTORS AS JUDGES; & OTHER “GIFTS” FROM THE REGIME & ITS ARTICLE III JUDICIAL ENABLERS — Get The “Holiday Horror Update” On All Of America’s Human Rights Abuses & Gratuitous Cruelty From The Gibson Report 12-23-19 
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THE GIBSON REPORT 02-04-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

THE GIBSON REPORT 02-04-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

TOP UPDATES

 

USCIS Processing Delays Have Reached Crisis Levels Under the Trump Administration

AILA’s analysis of USCIS data reveals crisis-level delays in its processing of applications and petitions for immigration benefits under the Trump administration. This brief examines how current USCIS policies lengthen the delays and what steps USCIS and Congress can take to remedy this crisis. AILA Doc. No. 19012834

 

ICE told hundreds of immigrants to show up to court Thursday — for many, those hearings are fake

CBS: ICE is required to include court dates with court notices, per a Supreme Court decision last summer, but most don’t actually reflect scheduled hearings. The American Immigration Lawyers Association issued a “practice alert” on Tuesday evening, warning members “the next upcoming date on NTAs that appears to be fake is this Thursday.”

 

Immigration Court Backlog Surpasses One Million Cases

TRAC: The Immigration Court backlog has jumped by 225,846 cases since the end of January 2017 when President Trump took office. This represents an overall growth rate of 49 percent since the beginning of FY 2017.

 

Retired judge: Shut down this immigrant detention center

Houston Chronicle: Lumpkin has fewer than 1,200 locals plus up to 1,900 men delivered by U.S. Immigration and Customs Enforcement to Stewart from across the country, including Texas. The town has just one private immigration lawyer.

 

Prisons Across The U.S. Are Quietly Building Databases Of Incarcerated People’s Voice Prints

Intercept: In New York and other states across the country, authorities are acquiring technology to extract and digitize the voices of incarcerated people into unique biometric signatures, known as voice prints. Prison authorities have quietly enrolled hundreds of thousands of incarcerated people’s voice prints into large-scale biometric databases. Computer algorithms then draw on these databases to identify the voices taking part in a call and to search for other calls in which the voices of interest are detected. Some programs, like New York’s, even analyze the voices of call recipients outside prisons to track which outsiders speak to multiple prisoners regularly.

 

Immigrant rights attorneys and journalists denied entry into Mexico

LA Times: Two U.S. immigrant rights attorneys and two journalists who have worked closely with members of a migrant caravan in Tijuana said they had been denied entry into Mexico in recent days after their passports were flagged with alerts by an unknown government.

 

Migrants Say They Pay For Inclusion On ‘La Lista’ To Make Border Crossing

Appeal: Migrants near Brownsville, Texas say that if they don’t bribe Mexican officials they’re stuck at the bottom of a list of people seeking refuge in the U.S. via international bridges

 

‘A watershed moment’: Trump faces crossroads amid mounting threats on all sides

WaPo: Senate Republicans also are overwhelmingly resistant to declaring a national emergency, according to two senior GOP aides. Senate Majority Leader Mitch McConnell (R-Ky.) privately cautioned Trump last week that doing so could divide the GOP and told the president that Congress might pass a resolution disapproving an emergency declaration.

 

ICE Failed to Hold Detention Center Contractors Accountable, Report Finds

NPR: The report detailed several of the most egregious cases, including contractors failing to notify ICE of sexual assaults and employee misconduct, using tear gas instead of approved pepper spray, and commingling detainees with serious criminal histories with those who might be at risk of sexual assault.

 

India Protests U.S. Detention of Students in Fake-University Sting

NYT: The American authorities said this past week that they had indicted eight people accused of exploiting the country’s student visa system. They were said to have helped foreign nationals illegally remain in the United States by enrolling them into the University of Farmington in Farmington Hills, Mich., which billed itself as a “nationally accredited business and STEM institution” with an innovative curriculum, flexible class schedules and a diverse student body. But the private university was being secretly operated by agents of the Department of Homeland Security to expose immigration fraud, according to federal prosecutors who announced charges in the case.

 

Federal prosecutors unseal indictments naming 19 people linked to Chinese ‘birth tourism’ schemes that helped thousands of aliens give birth in US to secure birthright citizenship for their children

USCIS: The indictments charge operators and clients of three “maternity house” or “birthing house” schemes that were dismantled in March 2015 when federal agents executed 35 search warrants, which resulted from international undercover operations.

 

Two young adults infiltrated an immigration detention center in Florida. This Sundance film shows what they found

Deseret News: In 2012, Saavedra and Martinez, two young adults in their early 20s, decided to turn themselves in to authorities to get inside the Broward Transitional Center, a for-profit immigration detention facility in Florida that houses 600 men and 100 women.

 

ICE confirms it is force-feeding detainees on hunger strike

WaPo: Immigration and Customs Enforcement officials have confirmed they are force-feeding nine detainees who initiated a hunger strike at an El Paso detention center.

 

The Travel Ban at Two: Rocky Implementation Settles into Deeper Impacts

MPI: Monthly immigrant visa issuances to nationals of Iran, Libya, Somalia, Syria, and Yemen were down an average of 72 percent between FY 2017 and 2018 (see Figure 1).

 

OCA Mulls Rule Requiring Judicial Warrants for ICE Arrests in NY Courts

NY Law Journal: The Office of Court Administration, which oversees New York state courts, is considering making a rule that would prohibit federal immigration officers from arresting undocumented immigrants in state courthouses without a warrant signed by a federal judge.

 

Government Quietly Increases ICE Detention to 48,000 Beds During the Shutdown
AIC: ICE drastically expanded its network of immigration jails in the last month by a startling 7 percent.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Defense Department engaged in illegal discrimination against some soldiers, district court finds

ABA: A Seattle federal district court ruled Thursday that the federal government illegally discriminated against naturalized U.S. citizens in the U.S. Army by requiring security checks on them every two years, without individualized suspicion.

 

Acting AG Refers BIA Case to Himself and Invites Amicus Regarding “Particular Social Group” Membership

The Acting AG referred a BIA decision to himself for review whether an individual may establish persecution on account of membership in a “particular social group” based on membership in a family unit. Amicus briefs are due by 2/25/19. Matter of L-E-A-, 27 I&N Dec. 494 (A.G. 2018) AILA Doc. No. 18120432

 

Acting AG Refers BIA Case to Himself and Invites Amicus Regarding Cancellation of Removal and Impact of Multiple DUIs

The Acting AG to review cancellation of removal eligibility and the impact of multiple convictions for driving while intoxicated or driving under the influence with regards to “good moral character.” Amicus briefs due by 2/25/19. Matter of Castillo-Perez, 27 I&N Dec. 495 (A.G. 2018) AILA Doc. No. 18120437

 

BIA Terminates Proceedings Over DHS Opposition Following Approval of U Visa

Unpublished BIA decision reopens and terminates proceedings sua sponte over DHS opposition following approval of respondent’s application for U nonimmigrant status. Special thanks to IRAC. (Matter of Singh, 1/18/18) AILA Doc. No. 19012838

 

BIA Orders Further Consideration of Request for Continuance for U Visa Applicant

Unpublished BIA decision remands for further consideration of request for continuance pending U visa application adjudication where respondent was no longer detained and IJ didn’t consider likelihood application would be granted. Special thanks to IRAC. (Matter of Munoz-Pocasangre, 1/19/18) AILA Doc. No. 19012841

 

BIA Rescinds In Absentia Order Because NTA Did Not Specify Immigration Court

Unpublished BIA decision rescinds in absentia order because NTA did not specify the particular immigration court at which the respondent was required to appear. Special thanks to IRAC. (Matter of Ramos, 2/9/18) AILA Doc. No. 19020434

 

BIA Vacates Bond Decision Based on Allegations in Police Report

Unpublished BIA decision reverses IJ determination that respondent was danger to community, stating that it accords little weight to conduct described in police documents that is neither prosecuted criminally nor independently corroborated. Special thanks to IRAC. (Matter of A-B-L-, 1/23/18) AILA Doc. No. 19012940

 

BIA Finds DHS Failed to Properly Authenticate Form I-213

Unpublished BIA decision vacates finding that respondent was present without being admitted or paroled because DHS failed to properly authenticate the Form I-213 used to establish alienage. Special thanks to IRAC. (Matter of Reyes, 1/26/18) AILA Doc. No. 19013033

 

BIA Finds Respondent Did Not Knowingly Waive Appeal

Unpublished BIA decision finds respondent did not knowingly waive right to appeal because IJ did not warn him failing to appeal would constitute an irrevocable waiver of the right. Special thanks to IRAC. (Matter of Chaudhary, 1/18/18) AILA Doc. No. 19012839

 

BIA Finds LPR Who Involuntarily Reentered U.S. Without Inspection Was Not Seeking Admission

Unpublished BIA decision holds that returning LPR was not properly regarded as an applicant for admission because he was fleeing for his life from a drug cartel in Mexico when he illegally reentered the country. Special thanks to IRAC. (Matter of I-C-B-, 1/25/18)

 

BIA Holds Utah Sexual Battery Not a CIMT

Unpublished BIA decision holds that sexual battery under Utah Code section 76-9-702(3) is not a CIMT because it is a general intent offense for which no harm or evil intent is required. Special thanks to IRAC. (Matter of V-C-, 1/24/18) AILA Doc. No. 19013031

 

BIA Equitably Tolls Motion to Reopen Deadline

Unpublished BIA decision equitably tolls deadline for motion to reopen where respondent was suffering from undiagnosed medical condition while in detention and was unable to obtain record from immigration court. Special thanks to IRAC. (Matter of A-A-B-, 1/22/18) AILA Doc. No. 19012939

 

BIA Remands for Testimony on Amount of Loss to Victims of Fraud

Unpublished BIA decision holds that IJ should have permitted respondent to testify regarding amount of loss to the victims before finding that he had been convicted of an aggravated felony under INA §101(a)(43)(M)(i). Special thanks to IRAC. (Matter of Mena, 2/7/18) AILA Doc. No. 19020103

 

BIA Rescinds In Absentia Order Against Respondent Who Recently Gave Birth

Unpublished BIA decision rescinds in absentia order upon finding that respondent giving birth via caesarean section 10 days prior constituted exceptional circumstances for her failure to appear. Special thanks to IRAC. (Matter of Valencia Barragan, 2/5/18) AILA Doc. No. 19020102

 

BIA Vacates Denial of Bond Hearing to Respondent Mistakenly Designated as Arriving Alien

Unpublished BIA decision reversed determination that IJ lacked jurisdiction over bond hearing where respondent was apprehended after entering country and was mistakenly designated an arriving alien on the NTA. Special thanks to IRAC. (Matter of A-M-Y-, 2/2/18) AILA Doc. No. 19013140

 

BIA Finds Failure to Meet Filing Deadline Constitutes Ineffective Assistance On Its Face

Unpublished BIA decision holds that prior attorney’s failure to submit application by court-imposed deadline was ineffective assistance on its face, reopening proceedings despite failure to comply with Matter of Lozada. Special thanks to IRAC. (Matter of Cortes-Reyes, 1/26/18) AILA Doc. No. 19013139

 

BIA Reopens and Terminates Proceedings Sua Sponte Following Reduction in Drug Sentence

Unpublished BIA decision reopens and terminates proceedings sua sponte following reduction of respondent’s sentence for possession of cocaine to simple drug misdemeanor under Cal. Penal Code 1170.18(G). Special thanks to IRAC. (Matter of Gonzalez, 2/2/18) AILA Doc. No. 19020100

 

BIA Finds Terrorizing Statute Not a CIMT

Unpublished BIA decision holds that terrorizing under Guam Code Ann. 19.60(a) is not a CIMT because the victim is not required to actually experience fear. Special thanks to IRAC. (Matter of Eidaro, 1/19/18) AILA Doc. No. 19012938

 

CA6 Upholds Determination that Asylee Who Copied and Distributed Flyers Provided Material Support to Terrorist Organizations

The court affirmed USCIS adjustment denial and its finding that MeK and Fek between 1979 and 1981 were Iranian terrorist organizations and that copying and distributing flyers was material in that it was both “relevant” and “significant” to terrorism. (Hosseini v. Nielsen, 12/19/18) AILA Doc. No. 19012833

 

CA7 Affirms District Court Dismissal of APA and DJA Claims Based on Doctrine of Consular Nonreviewability

The court found that in citing a valid statutory basis and offering a factual predicate, a consular officer’s visa rejection was facially legitimate and bona fide; it also held that plaintiffs made no affirmative showing that officer acted in bad faith. (Yafai v. Pompeo, 1/4/19) AILA Doc. No. 19012901

 

CA9 Panel Issued Amended Decision on “Crime of Domestic Violence” Conviction

The court issued an amended decision, where the panel concluded that a class one misdemeanor domestic violence assault under Arizona Revised Statutes §§ 13-1203 and 13-3601 conviction was a “crime of domestic violence” under 8 USC §1227(a)(2)(E). (Cornejo-Villagrana v. Whitaker, 12/27/18) AILA Doc. No. 19012836

 

CA9 Upholds BIA Controlled Substance Removability Finding and Remands to Determine Continuous Presence for Cancellation Claim

The court found that the BIA correctly determined that the Travel Act is divisible and that petitioner was removable based on his conviction for a controlled substance offense and remanded for consideration of the claim for cancellation of removal. (Myers v. Sessions, 9/25/18)

 

CA9 Denies Petition for Review Citing Bermudez-Cota After NTA Didn’t Specify Time/Date

The court denied petitioner’s petition for review, holding that a NTA that does not specify the time/date vests an IJ with jurisdiction over the removal proceedings, so long as a notice specifying this information is sent to the individual in a timely manner. (Karingithi v. Whitaker, 1/28/19) AILA Doc. No. 19012972

 

CA9 Denied Petition for Review After Applying Leal I and Leal II Standard and Finding Petitioner Removable For Two CIMTs

The court held the BIA did not commit any of the raised legal errors related to In re: Leal and Leal v. Holder by concluding that the petitioner’s conviction for reckless engagement was a crime involving moral turpitude. (Olivas-Motta v. Whitaker, 12/19/18) AILA Doc. No. 19012933

 

Ohio Attorneys Sue ICE Alleging Public, Humanitarian, and Bioethical Abuse

Attorneys David Malik and Anna Markovich submitted a FOIA request asking ICE for information about the people who have been deported, ICE’s policies related to racial and ethnic profiling, and ICE’s process for determining which individuals to deport. (Malik v. ICE, 1/9/19 AILA Doc. No. 19012832

 

USCIS Announces Online Case Status Feature for Asylum Applicants

USCIS announced that applicants who have a pending affirmative asylum application with USCIS can now check the status of their applications online at uscis.gov/casestatus. It will not cover defensive asylum applicants whose cases are pending in immigration court. AILA Doc. No. 19012804

 

DHS OIG Issues Report on ICE’s Failure to Fully Use Contracting Tools to Hold Detention Facility Contractors Accountable

DHS OIG’s report found ICE doesn’t adequately hold detention facility contractors accountable to performance standards and issues waivers seeking to exempt them from complying with certain standards instead of applying financial penalties for deficient conditions. AILA Doc. No. 19020104

 

DHS Releases Policy Guidance for Implementation of the Migrant Protection Protocols

CBP Releases Guidance on Migrant Protection Protocols

USCIS Releases Guidance for Implementing Section 235(b)(2)(C) of the INA and the Migrant Protection Protocols

 

EOIR Releases Addendum to LOP Cohort Analysis of Phase I: Detention Length with DHS Data

EOIR Releases Phase II Analysis of Its Legal Orientation Program Cohort

 

Announcements of ICE Enforcement Actions

ICE reports that it arrested 118 during a five-day period, from January 14-18, 2019, in New York City, Long Island, and the Hudson Valley. AILA Doc. No. 17041232

 

HHS Annual Update of Poverty Guidelines for 2019

Health and Human Services (HHS) notice providing the annual update of the HHS poverty guidelines to account for last calendar year’s increase in prices as measured by the Consumer Price Index, effective 1/11/19. (84 FR 1167, 2/1/19) AILA Doc. No. 19020107

 

Applicants Can Now Request Certificates of Citizenship Online

U.S. Citizenship and Immigration Services (USCIS) announced today that applicants can now complete and file Form N-600, Application for Certificate of Citizenship, and Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322 online.

 

RESOURCES

 

·         IDP is releasing a new practice advisory and issue-spotting checklist addressing conviction finality issues in light of the Board of Immigration Appeals’ August 2018 decision in Matter of J.M. Acosta.

·         Practice Alert: DHS Issuing NTAs with Fake Times and Dates

·         Practice Alert: Long-Pending I-765 and I-131 Applications at the NBC

·         AILA’s Administrative Litigation Task Force Provides Litigation Briefings

·         Ethical Considerations in Declining Representation

·         Crossing State Lines: A Practical Guide for Immigration Lawyers When Volunteering Their Services Out of State

·         Zero Protection: How U.S. Border Enforcement Harms Migrant Safety and Health

·         Matter of A-B-: Case Updates, Current Trends, and Suggested Strategies

·         Stopping Immigration Services Scams: A Tool for Advocates and Lawmakers

·         Filing DACA Applications in the Wake of Federal Court Rulings

·         Central Americans were Increasingly Winning Asylum Before President Trump Took Office

 

EVENTS

 

 

ImmProf

 

Monday, February 4, 2019

·         From the Bookshelves: Vanishing Frontiers: The Forces Driving Mexico and the United States Together Hardcover by Andrew Selee

·         Shoba Wadhia on the Two Year Anniversary of the Travel Ban

Sunday, February 3, 2019

·         Race in Our Politics: A Catalog of Campaign Materials — Immigration as a Racial Dog Whistle

·         University of Farmington? ICE set up a fake university. Hundreds enrolled.

·         The Travel Ban at Two: Rocky Implementation

·         Immigrants from New Origin Countries in the United States

·         “U.S.” Rapper Facing Removal

·         Federal prosecutors unseal indictments naming 19 people linked to Chinese ‘birth tourism’ schemes

·         SCOTUS Says Government Must Give Notice of Time and Place of Immigration Court Hearings, So Government Gives Times/Places for Nonexistent Hearings. Again.

·         Super Sunday: DHS Fights Super Scammers

·         THE BIG SLOWDOWN — AILA Policy Brief: USCIS Processing Delays Have Reached Crisis Levels Under the Trump Administration

·         At the Movies: The Invisibles

Saturday, February 2, 2019

·         Amanda Frost: The revival of denaturalisation under the Trump administration

·         Trump’s Former Undocumented Housekeeper to Join Congressman as State of the Union Guest

·         From the Bookshelves: Mexico The Good Neighbor: Contracts, Betrayal and Survival in the Cold War by Soledad Quartucci

·         Al Otro Lado Legal Director Nora Phillips Denied Entry to Mexico in Apparent Retaliation for Human Rights Work

Friday, February 1, 2019

·         Immigration Article of the Day: Growing the Resistance: A Call to Action for Transactional Lawyers in the Era of Trump by Gowri Krishna

Thursday, January 31, 2019

·         Detained Migrants Being Force Fed

·         Alleged Illegal Voters in Texas are Actually Citizens

·         Immigration Article of the Day: Health Justice for Immigrants by Medha D. Makhlouf

·         No-Stop Religious Services to Avoid Deportation in the Netherlands

·         Symposium: Immigration in the Trump Era, Southwestern Law School

Wednesday, January 30, 2019

·         Border Fencing To Prevent Another Kind of Migration Altogether

·         When Spouse’s Freedom Depends on ICE Agent’s Discretion

·         From the Bookshelves: Islands of Sovereignty: Haitian Migration and the Borders of Empire by Jeffrey S. Kahn

·         U.S. Government Shutdown Worsens Immigration Court Backlog

·         How immigration could help a shrinking American labor force

·         Immigration and Civil Rights in an Era of Trump by Kevin R. Johnson

Tuesday, January 29, 2019

·         Border Patrol Openings Hard to Fill

·         Call For Papers: Emerging Immprofs @ BYU June 7 & 8

Monday, January 28, 2019

·         Desert X: Roadtripping for Large-Scale Immigration Art

·         Message to Italy: Allow Minors to Land

 

 

If you would like to be added to the Weekly Briefing distribution list, please email egibson@nylag.org.

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Check out Elizabeth’s first four items showing how Trump’s “malicious incompetence” is destroying the U.S. immigration system and harming people in a variety of ways.

PWS

02-05-19

Related posts:

  1. THE GIBSON REPORT — 04-09-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Project — Why Acting DHS Secretary Kevin McAleenan Should End Up In Jail If He Follows Trump’s Unlawful & Unconstitutional Plans!
  2. THE GIBSON REPORT — 05-13-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  3. ⭐️⭐️⭐️⭐️⭐️⚖️🗽🇺🇸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!
  4. 🇺🇸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!🏴‍☠️

THE GIBSON REPORT – 01-28-19 – Compiled By Elizabeth Gibson, Esq., NY Legal Assistance Group

THE GIBSON REPORT – 01-28-19 – Compiled By Elizabeth Gibson, Esq., NY Legal
Assistance Group

 

TOP UPDATES

Courts Have Reopened

As of Monday, the Immigration Courts will reopen and resume their normal schedule. All missed hearings will be rescheduled although it likely will take time for that to occur. See also: The shutdown is over for now, but big delays loom in Immigration Court.

 

“Migrant Protection Protocols”

DHS: The Migrant Protection Protocols (MPP) are a U.S. Government action whereby certain foreign individuals entering or seeking admission to the U.S. from Mexico – illegally or without proper documentation – may be returned to Mexico and wait outside of the U.S. for the duration of their immigration proceedings, where Mexico will provide them with all appropriate humanitarian protections for the duration of their stay. See also:

 

The country’s busiest border crossing will allow 20 people to claim asylum a day. They used to take up to 100

CBS: The port of entry that connects Tijuana to San Diego, the country’s busiest border crossing, will allow only 20 migrants to claim asylum a day beginning Friday, a Mexican government official said Friday. Prior to the policy change, Customs and Border Patrol officers had processed up to 100 individuals a day. The capacity reduction — known in immigration circles as “metering” — came the same day that the Trump administration implemented its “Migrant Protection Protocol.”

 

Trump Skeptical He Would Accept Any Congressional Border Deal

WSJ: President Trump said Sunday he doesn’t believe congressional negotiators will strike a deal over border-wall funding that he could accept and vowed that he would build a wall anyway, using emergency powers if need be.

 

Trump ordered 15,000 new border and immigration officers — but got thousands of vacancies instead

LA Times: Two years after President Trump signed orders to hire 15,000 new border agents and immigration officers, the administration has spent tens of millions of dollars in the effort — but has thousands more vacancies than when it began.

 

Legislature passes long-stalled DREAM Act, pays tribute to late colleague

Politico: In an emotional session, the state Legislature passed a bill on Wednesday to give undocumented immigrants access to the same in-state college scholarships and financial aid available to U.S. citizens.

 

Licenses For Undocumented Immigrants Would Make Roads Safer, Lawmakers Say

WGBH: Sen. Brendan Crighton of Lynn, Rep. Christine Barber of Somerville and Rep. Tricia Farley-Bouvier of Pittsfield, flanked by dozens of advocates, unveiled their bill Wednesday morning outside the House chamber. They argued that the measure would ensure every driver on the road has undergone proper training and vision testing and that it would relieve stress on undocumented families already in the state.

 

How ICE Operations Impacted New York’s Courts in 2018

IDP: ICE courthouse operations increased again in 2018, jumping 17% from compared to 2017, and 1700% compared to 2016. ICE turned to more and more brutal tactics to abduct immigrants from the courts- dragging people from their cars, slamming them against walls and pulling guns on people during arrests. NYC continued to account for the majority of courthouse operations, with Brooklyn and Queens reporting the largest numbers of arrests. ICE expanded operations outside of NYC, reaching into several new counties, and more than tripling arrests in Westchester.

 

‘Conveyer Belt’ Justice: An Inside Look At Immigration Courts

GovExec: Where the cases pile up so relentlessly there’s barely time for consideration—or lunch.

 

Border patrol releases dramatic ‘civil unrest readiness exercise’ video amid shutdown

SacBee: U.S. Custom and Border Protection agents posted a dramatic video to Twitter on Wednesday showing a “large scale civil unrest readiness exercise” that took place in California last month, sparking criticism because the heavily-produced clip was released during a weeks-long government shutdown.

More than 10,000 migrants request visas as caravan hits Mexico

WaPo: Mexico said Wednesday that more than 10,000 people have requested visas to cross its southern border as it seeks to grant legal documents to members of a rapidly growing U.S.-bound migrant caravan from Central America.

 

Former MS-13 Member Who Secretly Helped Police Is Deported

ProPublica: An immigration judge said he was “very sympathetic” to the teenager who cooperated with authorities only to be jailed with those he informed on. The judge nonetheless rejected his plea for asylum.

 

Writing About Writing About the Border Crisis

New Yorker: Valeria Luiselli’s intricate novel, “Lost Children Archive,” confronts the complexities of bearing witness.

 

LITIGATION/CASELAW/RULES/MEMOS

 

USCIS Announces Online Case Status Feature for Asylum Applicants

USCIS online case status now includes I-589s.  It will say if you’re awaiting an interview, if you missed an interview, if decision is pending, if decision mailed, etc.  It includes number of days on the EAD clock and whether the clock is stopped or running. In the case history, it also says when you’ve requested a change of address and if they have ordered an EAD.

 

InfoPass Modernization

You now must call the USCIS helpline at 800-375-5283 to request an infopass appointment. Your case will be triaged by a Tier 1 officer and then reviewed by a Tier 2 officer. Reasons for InfoPass based on calls: 1. ADIT stamp- 75-80% of callers are requesting an appointment for an ADIT stamp which should be done by officers at Tier 1. 2. Case specific inquiries. 3. IJ grants. 4. Emergency AP. 5. Certified copies of Natz certificates.

 

The following  service center e-mail addresses are being discontinued

California Service Center: csc-ncsc-followup@uscis.dhs.gov

Vermont Service Center: vsc.ncscfollowup@uscis.dhs.gov

Nebraska Service Center: NSCFollowup.NCSC@uscis.dhs.gov

Potomac Service Center: psc.ncscfollowup@uscis.dhs.gov

Texas Service Center: tsc.ncscfollowup@uscis.dhs.gov

 

Immigrant Children Being Used As ‘Bait’ To Arrest Sponsors, Class Action Lawsuit Alleges

HuffPo: Donald Trump’s administration is using detained immigrant children as “bait” to arrest their sponsors and deliberately keeping kids in shelters for long periods, according to a class action lawsuit filed on Friday by immigration advocacy groups.

 

Increased Litigation for Denials and Delays on Naturalization Applications

TRAC: The latest available data from the federal courts show that during December 2018 the government reported 37 new federal civil immigration naturalization lawsuits. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University, this number is up 26% over the last six months.

 

IJs Grant Gender-Based Asylum Claims

  1. Chase: In the absence of guidance from the BIA, and while waiting for appeals to work their way through the circuit courts (I am aware of appeals relating to this issue currently pending in the First and Fourth Circuits), the two recent immigration judge decisions are encouraging.

 

CA3 Holds Wire Fraud Conviction Was CIMT

The court denied in part and dismissed in part petitioner’s petitions for review, holding that per Nijhawan, her prior conviction for wire fraud constituted an offense involving fraud or deceit in which the loss to the victims exceeded $10,000 and was a CIMT. (Ku v. Att’y Gen., 1/3/19) AILA Doc. No. 19012230

 

CA9 Withdraws Opinion on Categorical Approach and Files Substitute Memorandum Disposition

The court withdraws an opinion filed on 8/29/18 and concurrently files a substitute memorandum disposition. The government’s petition for panel rehearing and motion for judicial notice are denied. No further petitions for rehearing en banc may be filed. (Lorenzo v. Whitaker, 1/17/19) AILA Doc. No. 19012201

 

BIA Lowers Bond for Respondent Seeking Non-LPR Cancellation

Unpublished BIA decision lowers bond from $25,000 to $10,000 for respondent who had lived in the United States for more than 14 years and was potentially eligible for non-LPR cancellation of removal. Special thanks to IRAC. (Matter of R-R-V-, 1/12/18) AILA Doc. No. 19012442

 

BIA Dismisses Charges Based on Contributing to the Delinquency of a Minor

Unpublished BIA decision holds that contributing to the delinquency of a child under S.D. Codified Laws 26-9-1 is not a CIMT or a crime of child abuse because it covers the mere furnishing of alcohol to a minor. Special thanks to IRAC. (Matter of Luvisia, 1/16/18) AILA Doc. No. 19012444

 

BIA Holds Georgia Theft by Taking Not a CIMT

Unpublished BIA decision holds theft by taking under Geo. Code Ann. 16-8-2 is not a CIMT because it applies to temporary de minimis takings and does not require owner’s property rights to be substantially eroded. Special thanks to IRAC. (Matter of Odiboh, 1/11/18) AILA Doc. No. 19012441

 

CBP Releases Officer’s Reference Tool Documents

AILA is posting the memos, guides, manuals, Standard Operating Procedures, and more, that make up the CBP Officer’s Reference Tool. Documents are being released pursuant to a FOIA request and will be posted on a rolling basis, so check this page frequently for updates. AILA Doc. No. 18112701

 

Practice Alert: USCIS Checklists Do Not Replace Statutory, Regulatory, and Form Instruction Requirements

AILA’s USCIS HQ (Benefits Policy) Liaison Committee provides a practice alert regarding USCIS’ checklists of required initial evidence and reminds members of the importance of consulting the applicable statute, regulations, and form instructions before submitting a benefit request to USCIS. AILA Doc. No. 19012200

 

DOS Announces Suspension of Routine Visa Services in Caracas, Venezuela

DOS announced the U.S. Embassy in Caracas, Venezuela, has suspended routine visa services due to the ordered departure of non-emergency personnel. AILA Doc. No. 19012502

 

Department of Homeland Security Blocks H-2B Visas for Filipinos, Dominicans, and Ethiopians

AIC: Citing high rates of visa overstays, on January 18 the Department of Homeland Security (DHS) published a new rule mostly barring nationals from the Dominican Republic, the Philippines, and Ethiopia from receiving certain temporary worker visas. The U.S. territory of Guam is likely to be most impacted as it relies on large numbers of Filipino workers.

 

RESOURCES

 

EVENTS

 

ImmProf

 

Monday, January 28, 2019

Sunday, January 27, 2019

Saturday, January 26, 2019

Friday, January 25, 2019

Thursday, January 24, 2019

Wednesday, January 23, 2019

Tuesday, January 22, 2019

Monday, January 21, 2019

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You might want to take a look at Nielsen’s totally bogus “Migrant Protection Protocols” — second item.  Lots of her typical Trumpist lies, distortions, and misrepresentations. It’s certainly beyond the usual Nielsen disingenuousness to claim this has anything to do with “protection.” The only thing being “protected” here is Trump’s bogus claim that there is a”security crisis” at our southern border.

PWS

01-29-19

Related posts:

  1. THE GIBSON REPORT — 05-13-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  2. BIA SEEKS TO REPEAL CAT BY MISINTERPRETATION; MUSALO’S FACT FINDING MISSION TO EL SALVADOR SHOWS MALICIOUS ABSURDITY OF REGIME’S BOGUS “SAFE THIRD COUNTRY” ASSAULT ON HUMAN RIGHTS; 9th & 11th CIRCUITS CONTINUE TO TANK ON THE RULE OF LAW; & OTHER LEGAL NEWS ABOUT THE WHITE NATIONALIST REGIME & THE RESISTANCE — The Gibson Report — 12-10-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  3. ACLU & SPLC SUE TRUMP ADMINISTRATION ON “MIGRANT REJECTION PROTOCOLS!”
  4. “RETURN TO MEXICO” GIVES DHS A CHANCE TO HARASS IMMIGRATION LAWYERS AND ACTIVISTS AT BORDER!

PLAYING CATCH-UP: Here Are Two “Courtside Regulars” From Earlier This Week: 1) The Gibson Report 01-21-19; and 2) Nolan On Trump & The Wall From The Hill!

 

TOP UPDATES

Trump offers 3-year extension of protection for ‘dreamers’ in exchange for $5.7 billion for wall; Democrats call it a ‘non-starter’

WaPo: In addition to its immigration provisions, the package — which McConnell could move to advance as early as Tuesday, although a Thursday vote appears more likely — would reopen all parts of the government that are closed. It also would provide emergency funding for U.S. areas hit by hurricanes, floods and other natural disasters.

Cancelled Immigration Court Hearings Grow as Shutdown Continues

TRAC: Since the beginning of the federal government shutdown, most Immigration Court hearings have been cancelled. As of January 11, the estimated number of cancellations reached 42,726. Each week the shutdown continues, cancelled hearings will likely grow by another 20,000. As many as 100,000 individuals awaiting their day in court may be impacted if the shutdown continues through the end of January. See also: These states’ immigration courts are most impacted by the government shutdown.

Security, immigration controls fray as impasse over Trump’s wall stretches into its fourth week

USAToday: Of the 60,000 employees at Customs and Border Patrol, nine of 10 must report to work, checking passports and manning pieces of the border wall that have already been built. But they’re not being paid.

By the numbers: how 2 years of Trump’s policies have affected immigrants

Vox: Refugee admissions have plummeted, while rejections of asylum applications have increased. Arrests of immigrants without criminal records have returned to the levels of the first term of the Obama administration, while Trump works to make hundreds of thousands more immigrants vulnerable to deportation, by stripping them of protections under the Deferred Action for Childhood Arrivals program or Temporary Protected Status. And the travel ban quietly churns on.

 

US Undocumented Population Continued to Fall from 2016 to 2017, and Visa Overstays Significantly Exceeded Illegal Crossings for the Seventh Consecutive Year

CMS: The US undocumented population from Mexico fell by almost 400,000 in 2017. In 2017, for the first time, the population from Mexico constituted less than one half of the total undocumented population.

 

Pence links Trump’s push for a border wall to Martin Luther King Jr.’s legacy

WaPo: Speaking Sunday on CBS’s “Face the Nation,” the vice president quoted from King’s “I Have a Dream” speech as he defended Trump’s latest pitch to secure funding for a barrier along the United States’ southern border.

 

A Latino Marine veteran was detained for deportation. Then ICE realized he was a citizen.

WaPo: Richard Kessler, an immigration lawyer in Grand Rapids, Mich., said he was surprised when a woman he had worked with called to tell him that her son, a 27-year-old Marine veteran with mental-health issues, was being held in an immigration facility, apparently awaiting a possible deportation.

 

How Kirsten Gillibrand went from pushing for more deportations to wanting to abolish ICE

CNN: With Sen. Kirsten Gillibrand entering the 2020 presidential race on Tuesday, her dramatic shift on the issue of immigration over the past decade will likely be one of the central questions about her candidacy as she seeks to take on President Donald Trump.

 

NYS’ leading immigration group kicking off $1 million effort for drivers’ licenses for undocumented immigrants

DailyNews: In what could be its biggest campaign, the New York Immigration Coalition, the state’s largest immigration advocacy group, plans to spend at least $1 million on TV, radio and targeted social and digital media ads as well as billboards.

 

Deported from the U.S., now answering your calls

CBS: When U.S. consumers are calling about a hotel reservation or an airline flight, there’s a good chance a deportee in El Salvador is on the other end of the line.

Trump admin weighed targeting migrant families, speeding up deportation of children

NBC: Trump administration officials weighed speeding up the deportation of migrant children by denying them their legal right to asylum hearings after separating them from their parents, according to comments on a late 2017 draft of what became the administration’s family separation policy obtained by NBC News. The draft also shows officials wanted to specifically target parents in migrant families for increased prosecutions, contradicting the administration’s previous statements.

 

Trump administration took thousands more migrant children from parents

WaPo: The report issued by the inspector general for the Department of Health and Human Services says no one systematically kept count of separated children until a lawsuit last spring triggered by the Trump administration’s “zero tolerance” policy, under which the government tried to criminally prosecute all parents who crossed the border illegally, taking their children from them in the process. See also As One ‘Tent City’ for Immigrant Children Closes in Texas, Another Opens in Florida.

 

IOM: 200 refugees have drowned in the Mediterranean so far this year

Al Jazeera: Last year, around 2,297 migrants died or went missing in the Mediterranean while 116,959 people reached Europe by sea. According to the IOM, sea arrivals to Europe in the first 16 days of 2019 totalled 4,216, compared with 2,365 in the same period of 2018.

 

LITIGATION/CASELAW/RULES/MEMOS

Judge Orders Trump Administration To Remove 2020 Census Citizenship Question

NPR: U.S. District Judge Jesse Furman ordered the administration to stop its plans to include the controversial question on forms for the upcoming national head count “without curing the legal defects” the judge identified in his 277-page opinion released on Tuesday.

Revised Interview Waiver Guidance for Form I-751, Petition to Remove Conditions on Residence

USCIS: Generally, conditional permanent residents who file a Form I-751 must appear for an interview.  However, USCIS officers may consider waiving an interview.

EOIR Releases Memo Establishing Interim Policy and Procedures for Compliance with Court Order in Grace v. Whitaker

EOIR released guidance on Grace v. Whitaker, stating that for all credible fear review hearings conducted on or after 12/19/18, IJs may not rely on several aspects of Matter of A-B- as a basis for affirming a negative credible fear determination. Guidance obtained from CGRS and ACLU.

 

USCIS Issues Policy Memo on Secure Identity Documents

USCIS issued policy guidance in the USCIS Policy Manual to address the policies and procedures related to secure documents, including how USCIS delivers and tracks these documents and how requestors should request a replacement or reissuance. Comments are due by 1/30/19. Policy is effective 1/16/19.

AILA Doc. No. 19011635

N-400 NOIDs

CBP Liaison Minutes: If a permanent resident, who has a pending application for naturalization in which a Notice of Intent to Deny was issued challenging whether the individual had been eligible for adjustment of status at the time that application was filed, travels abroad and presents his green card upon his return, will he be admitted as a permanent resident?  Are such cases flagged in some way? If there has only been a NOID and no action has been taken on the N-400, the individual will be admitted as an LPR. If the N-400 was denied and the individual was issued an NTA under Section 237 (but has not been served), CBP will re-issue the NTA under Section 212. If an NTA was issued and served under Section 237, the individual will be admitted as an LPR in proceedings.

 

ACTIONS

 

 

RESOURCES

 

EVENTS

 

ImmProf

 

Monday, January 21, 2019

Sunday, January 20, 2019

Saturday, January 19, 2019

Friday, January 18, 2019

Thursday, January 17, 2019

Wednesday, January 16, 2019

Tuesday, January 15, 2019

Monday, January 14, 2019

 

 

AILA NEWS UPDATE

http://www.aila.org/advo-media/news/clips

 

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Family Pictures

https://thehill.com/opinion/immigration/426192-trump-offers-to-limit-his-border-wall-to-strategic-locations

Nolan writes:

Trump offers to limit his border wall to strategic locations

BY NOLAN RAPPAPORT, OPINION CONTRIBUTOR — 01/20/19 07:00 AM EST 945

THE VIEWS EXPRESSED BY CONTRIBUTORS ARE THEIR OWN AND NOT THE VIEW OF THE HILL
 House Speaker Nancy Pelosi (D-Calif.) should give serious consideration to the settlement proposal that President Donald Trump made in his televised address from the White House.
Her objection all along has been to building a wall across the entire length of the Mexican border, and Trump no longer intends to erect “a concrete structure from sea to sea.”

He has acknowledged that much of the border is already protected by natural barriers, such as mountains and water. He wants the $5.7 billion he has requested for a strategic deployment of steel barriers at high priority locations.

These barriers would not make illegal crossings impossible, but they would make illegal crossings more difficult and make it easier for the Border Patrol to apprehend crossers.

His request includes $800 million for humanitarian assistance; $805 million for drug detection technology; 2,750 more border agents and law enforcement officers; and 75 more immigration judges.

In what he describes as an effort to build trust and goodwill, the legislation he is offering to implement his proposal also would extend the status of 700,000 DACA participants for three years.

This is just a temporary measure, but the outcome of the litigation over the DACA program is uncertain, and the participants will be extremely vulnerable if the program is terminated. DACA participation is sufficient in itself to establish deportability, and they can’t apply for asylum.  There is a one-year time limit on filing asylum applications and they all have been here for more than a year.

The legislation also would extend the status of 300,000 current Temporary Protected Status recipients for three years.

Senate Majority Leader Mitch McConnell (R-Ky.) has promised Trump that his bill will be brought to the floor of the Senate this week.

Trump also mentions the immigration court backlog crisis in his address. He says that it is not possible to provide an asylum hearing for every illegal crosser who sets one foot on American soil.

The asylum provisions state that aliens who are physically present in the United States may apply for asylum irrespective of their  immigration status, unless one of the stated exceptions applies.

In my opinion, the sheer number of illegal crossers is the real border crisis. It has overwhelmed our immigration courts, making it virtually impossible to enforce immigration laws..

. . . .

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

Read Nolan’s complete article over on The Hill at the link.

At the time Nolan released this, he didn’t have the complete Trump proposal.  I initially thought like Nolan that there might be the seeds for agreement in there.

But, Trump misrepresented what he was offering. In reality, it was yet another bogus 1000 page anti-asylum travesty drafted by White Nationalist in Residence Stephen Miller. Clearly intended to be a non-starter. Actually, it’s much like the dishonest tactics Trump used during the “Dreamer Debacle” that he engineered for no particular reason I can think of. And, that was when the GOP actually was in control.

Also, Nolan didn’t have the benefit of the Supreme Court action leaving DACA in effect for the indefinite future.

I’ve posted lots recently on what real border security and humanitarian assistance might look like. And, the Dems appear to be at work on something along those lines; a robust $5.7 billion but more constructive border security package that provides more resources for the Asylum Office, EOIR, technology, and inspections, but doesn’t undermine fundamental asylum law, negate Wilberforce protections for unaccompanied minors, or trash our international protection obligations.

Ultimately, once the Government reopens, that approach, plus permanent status for the Dreamers, with some wall or other physical barriers for Trump still seems to be the most likely way of ”getting  to yes.”  Then again, there might be no way of getting to yes with Trump.

PWS

01-24-19

 

Related posts:

  1. 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! 
  2. INCONVENIENT TRUTH: HALEY SWEETLAND EDWARDS @ TIME TELLS WHAT TRUMP, MILLER, COTTON, SESSIONS, & THEIR WHITE NATIONALIST GANG DON’T WANT YOU TO KNOW: Human Migration Is A Powerful Force As Old As Human History; It’s A Plus For Receiving Nations; It Won’t Be Stopped By Walls, Jails, Racist Laws, Or Any Other Restrictionist Nonsense; But, It Can Be Intelligently Controlled, Channeled, Harnessed, & Used For The Benefit Of The U.S. & The Good Of The Migrants! — “But to maximize that future good, governments must act rationally to establish humane policies and adequately fund an immigration system equipped to handle an influx of newcomers.”
  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. TWO LA TIMES EDITORIALS “SPOT ON” IN CALLING OUT TRUMP’S FAILED BORDER POLICIES, BOGUS EMERGENCY, & ABUSE OF IMMIGRATION ENFORCEMENT AUTHORITY!

THE GIBSON REPORT – 01-14-19 – Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Project

THE GIBSON REPORT – 01-14-19 – Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Project

 

TOP UPDATES

 

New York City mayor vows health care for all — including undocumented immigrants

WaPo: New York City Mayor Bill de Blasio (D) on Tuesday issued a bold guarantee of affordable health care for every resident, thrusting the nation’s largest city to the forefront of debates over universal health coverage and immigrant rights. The promise is aimed at 600,000 New Yorkers who lack insurance because they can’t afford it, believe they don’t need it, or can’t get it because they are in the country illegally.

 

‘Never been more depressed’: Trump kills Graham effort to end shutdown

Politico: President Donald Trump has rejected a plan proposed by a bloc of Senate Republicans who had hoped to break an impasse over the government shutdown, leaving Congress and the White House with little obvious way out of the extended battle over Trump’s border wall.

 

Head Of Controversial Tent City Says The Trump Administration Pressured Him To Detain More Young Migrants

VICE: Kevin Dinnin, the CEO of the contractor that ran the controversial tent city for migrant children in Tornillo, Texas, says the facility is closing down because he refused the government’s request to detain more youths there. See also Trump administration removes all migrant teens from giant Tornillo tent camp

 

A Waiting Game For Immigrants And Border Agents On 2 Sides Of The Border Wall

NPR: Their numbers have dropped dramatically from around 6,000 to fewer than 2,000 today. They’re staying in makeshift shelters throughout the city, waiting week after week to hear their own number called out in an announcement that is made every morning in a small park near the U.S. port of entry. See also Migrants’ Despair Is Growing at U.S. Border. So Are Smugglers’ Profits.

 

The Judicial Black Sites the Government Created to Speed Up Deportations

AIC: In certain areas there is simply no way of knowing how many detained individuals—including children—have been deported without the opportunity to obtain counsel, and without appropriate safeguards preventing their removal to imminent harm.

 

As Government Pulls Back, Charities Step In to Help Released Migrants

NYT: But as the number of migrant families in recent months has overwhelmed the government’s detention facilities, the Trump administration has drastically reduced its efforts to ensure the migrants’ safety after they are released. People working along the border say an ever larger number of families are being released with nowhere to stay, no money, no food and no means of getting to friends and relatives who may be hundreds or thousands of miles away.

 

Trump floats path to citizenship for specialized visa holders

Politico: President Donald Trump seemingly teased plans for broader immigration reform on Friday, tweeting that he is open to a new path to citizenship for holders of a visa for high-skilled workers known as H-1B.

 

LITIGATION/CASELAW/RULES/MEMOS

Matter of A-B- Guidance from Grace v. Whitaker

The instructions which the Court ordered USCIS and EOIR to provide asylum officers and immigration judges conducting credible fear interviews and reviews of negative credible fear findings.

 

FOIA Lawsuit Seeks Names of CBP Officers Who Allegedly Abused Children

AIC: Disturbing information has been revealed about extensive allegations of sexual, physical, and verbal abuse of children in CBP custody. Now, the ACLU wants the names of officials alleged to have abused migrant children.

 

Federal Judge Argues That Illegal Reentry Prosecutions Not a Good Use of Judicial Resources

ImmProf: A federal judge has spoken out against a sharp increase in Northern Virginia in the prosecution of illegal immigrants for reentering the country after deportation.

 

A trial on whether Trump has the right to end TPS for Haiti ends. Now comes the wait

Miami Herald: A federal trial in New York challenging the Trump administration’s decision to end Temporary Protected Status, or TPS, for thousands of Haitians, concluded Thursday with internal government emails showing that the administration was so determined to end the program that it ignored its own government’s research flagging health and safety concerns.

 

CA1 Upholds IJ/BIA Denial of Asylum Due to Lack of Nexus to a Protected Ground

The court found petitioner secretly informed Ecuadorian police about gangs suffered persecution, but failed to prove he was targeted due to political opinion or particular social group since there was no evidence that his attackers knew he was an informant. (Mendez v. Whitaker, 12/11/18) AILA Doc. No. 19010870

 

CA1 Upholds BIA Reversal of IJ Grant of CAT Deferral to Domestic Violence Victim

The court denied petition for review and held the BIA correctly found the petitioner was unable to prove that the Dominican government acquiesced in her domestic abuse; thus, failed to meet the CAT definition of “torture” mandated for deferral of removal. (Ruiz-Guerrero v. Whitaker, 12/12/18) AILA Doc. No. 19010872

 

CA2 Vacates Unlawful Reentry Sentence Imposed on Noncitizen Based on Incorrect “Drug Trafficking Offense” Finding, and Remands for Resentencing

Using the categorical approach, the court held AZ’s drug law was overbroad; thus, district court erred in finding defendant’s prior conviction a “drug trafficking offense” that subjected him to 2016 Guidelines’ higher sentencing than that of 2014 Guidelines. (U.S. v. Guerrero, 12/10/18) AILA Doc. No. 19010831

 

CA2 Remands to BIA to Apply Correct Standard of Review on Good Faith Marriage Question

The court found BIA erred in applying clear error, instead of de novo, standard of review to IJ’s good faith marriage waiver denial; it also held petitioner abandoned abuse of discretion claim on MTR denial because he failed to adequately argue it in brief. (Alom v. Whitaker, 12/17/18) AILA Doc. No. 19010876

 

CA3 Holds PA Child Endangerment Statute Does Not Categorically Match INA §237(a)(2)(E)(i) Definition of Child Abuse

The court found BIA erred in finding 18 Pa. Cons. Stat. §4303(a)(1) is a categorical match for removability; rather, it does not have the requisite risk requirement to match INA’s “likelihood of harm” standard; remanded to consider alternative removal ground. (Liao v. Att’y Gen., 12/10/18) AILA Doc. No. 19010832

 

CA6 Finds Conviction for Rape by Digital Penetration Under Ohio Rape Statute Does Not Match Federal Definition

The court held BIA erred in conflating “rape” and “sexual abuse” definitions to conclude that generic rape crime included digital penetration; under Ohio law, digital penetration is not rape for purposes of aggravated felony-based removal. (Keeley v. Whitaker, 12/17/18) AILA Doc. No. 19010834

 

CA8 Denies Petition for Review, Finding No Due Process Violations by IJ

The court found although IJ stopped petitioner’s attorney from listing potential PSGs (potential denial of right to counsel), there was no prejudice because IJ considered three PSGs; and IJ was not biased by asking about her failure to report crimes to police. (Molina v. Whitaker, 12/12/18) AILA Doc. No. 19010833

 

CA11 Dismisses in Part Under §242, Upholds BIA’s Controlled Substance and Agg Fel Determinations That Were Not Appealed but Adjudicated Nonetheless

The court confirmed lack of jurisdiction to review BIA determination of removability ground; it also upheld not only BIA’s affirmance of IJ’s CIMT finding that was on appeal, but additional BIA controlled substance and agg fel findings not appealed by DHS. (Bula Lopez v. Att’y Gen., 11/21/18) AILA Doc. No. 19010873

 

CA11 Upholds BIA’s §237(a)(2)(B)(i) Removability Determination for Possession of Cocaine Based on Florida Drug Possession Statute’s Divisibility

The court denied petition for review, finding that based on state law precedent and jury instructions, the identity of a controlled substance is an element of Fla. Stat. §893.13(6)(a) and that BIA correctly found possession of cocaine a removable offense. (Guillen v. Att’y Gen., 12/13/18) AILA Doc. No. 19010874

 

CBP Releases Data on Increase in Medical Emergencies on the Southern Border

CBP released data regarding medical care referrals being made for arriving migrants by CBP to medical providers along the southwest border. On average, Border Patrol referred approximately 50 cases a day to medical providers. December 26, 2018, Border Patrol referred 82 cases to a medical provider. AILA Doc. No. 19010802

 

USCIS Notice that Lapse in Federal Funding Does Not Impact Most USCIS Operations

ICYMI: USCIS announced that a lapse in annual appropriated funding does not affect USCIS’s fee-funded activities. USCIS offices will remain open, and all individuals should attend interviews and appointments as scheduled. USCIS will continue to accept petitions and applications, except as noted. AILA Doc. No. 18122408

 

Practice Alert: What Happens If the Government Shuts Down?

Drawing on information from government announcement and past government shutdowns, AILA provides an overview as to how this shutdown may impact immigration-related agencies. We will update this practice alert as new information becomes available. AILA Doc. No. 17042640

 

Full Transcripts: Trump’s Speech on Immigration and the Democratic Response and The Democratic Response

NYT: President Trump delivered an address to the nation on Tuesday night from the Oval Office to make a broad-based public push for border wall funding. After his speech, Speaker Nancy Pelosi of California and Senator Chuck Schumer of New York, the Democratic leaders, delivered a response from Capitol Hill.

 

NEWARK ASYLUM OFFICE AFFIRMATIVE ASYLUM PUBLIC SCHEDULING UPDATE – January 2019 –

The Asylum Division gives priority to the most recently filed affirmative asylum applications when scheduling asylum interviews.  Generally cases are scheduled three to four weeks in advance utilizing the following priorities:

First priority: Applications rescheduled at the applicant’s request or the needs of USCIS.

Second priority: Applications that have been pending 21 days or less.

Third priority: Applications pending over 21 days, starting with newer filings and working towards older filings.

** This month, in addition to first and second priority cases, we are interviewing applicants who filed on or around October 2018. 

 

RESOURCES

 

EVENTS

 

ImmProf

 

Sunday, January 13, 2019

Saturday, January 12, 2019

Friday, January 11, 2019

Thursday, January 10, 2019

Wednesday, January 9, 2019

Tuesday, January 8, 2019

Monday, January 7, 2019

 

 

AILA NEWS UPDATE

http://www.aila.org/advo-media/news/clips

 

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

Thanks Elizabeth.  I was just “touting” Elizabeth and Adina Appelbaum of CAIR to some folks at Georgetown Law as examples of some of my many star “Refugee Law and Policy” students who have gone on to superstar careers in advancing social justice (an important focus at Georgetown Law). There are, of course, many others. And, the neat thing is that many of them have kept in contact. Indeed, right now our “Gang of 32” retired Immigration Judges is working with Adina and others on an amicus brief project that she brought to our attention.

PWS

01-16-19

 

 

Related posts:

  1. THE GIBSON REPORT FOR 12-18-17 – RECOGNIZING: The Absolutely Amazing ELIZABETH GIBSON Of The NY Legal Assistance Group and ALL She Does For Fairness, Justice, & Due Process! — MAKING A DIFFERENCE IN THE LIVES OF OUR MOST VULNERABLE!
  2. ⭐️⭐️⭐️⭐️⭐️⚖️🗽🇺🇸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!
  3. ⚖️THE GIBSON REPORT — 03-22-21 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Georgetown Law Journal Makes History, Of The Best Kind! — My Invitation To Current Georgetown Law Students To Get Involved!
  4. 🧑🏽‍⚖️⚖️🗽🇺🇸WHO’S JUDGE IS IT ANYWAY? — The Crisis Of Independence In Our Immigration Courts! — Coming April 7, 2021! — Sponsored By The HNBA! — Don’t Miss It!

THE GIBSON REPORT — 01-07-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

TOP UPDATES

 

Trump to visit U.S.-Mexico border amid shutdown stalemate

WaPo: President Trump will travel to the U.S. border with Mexico on Thursday, the White House announced Monday. The visit comes amid the continuing government shutdown and Trump’s insistence that any funding bill to reopen federal agencies include $5.7 billion for his border wall. See also Shutdown nearly shuts U.S. immigration courts, but deportations continue and ‘I can do it if I want’: Trump threatens to invoke emergency powers to build border wall.

 

$800 Million in Taxpayer Money Went to Private Prisons Where Migrants Work for Pennies

Daily Beast: A Daily Beast investigation found that in 2018 alone, for-profit immigration detention was a nearly $1 billion industry underwritten by taxpayers and beset by problems that include suicide, minimal oversight, and what immigration advocates say uncomfortably resembles slave labor.

 

How a Crackdown on MS-13 Caught Up Innocent High School Students

NYT Mag: Under Operation Matador, ICE has arrested 816 people suspected of gang affiliation. About 170, like Alex, came to New York legally as unaccompanied minors, some of whom were also seeking asylum, and several dozen were still minors when they were detained. Roughly a dozen students from Huntington High alone were rounded up. But the evidence behind many of these arrests was unreliable. See also How high schools have embraced the Trump administration’s crackdown on MS-13, and destroyed immigrant students’ American dreams.

 

A Woman Facing Deportation Says She Was Denied Justice Because She Speaks An Indigenous Language

Buzzfeed: Her attorney, Allison Boyle, said that at multiple points in her client’s case she was denied translations in the language she was fluent in, was denied due process rights, and when she had an attorney, they proved to be ineffective, making it so JGCA never had a chance.

 

With a Fresh Swipe at Trump, Cuomo Pardons 22 Immigrants

NYT: Gov. Andrew M. Cuomo took aim at President Trump’s immigration policies on Monday, issuing pardons to 22 immigrants who were at risk of deportation or blocked from citizenship because of criminal convictions. The governor also commuted the sentences of seven people currently incarcerated.

 

Washington Trained Guatemala’s Mass Murderers—and the Border Patrol Played a Role

Nation: [I]t was common practice during the Cold War to send former Border Patrol agents, like Longan, to train foreign police through CIA-linked “public safety” programs, since they were more likely to speak Spanish than agents from other branches of law enforcement. In countries like El Salvador, Honduras, and Guatemala, they did the “dirty work” that Reagan’s envoys said needed doing.

 

Fox News anchor blasts Sarah Huckabee Sanders for lying about terrorists at the southern border

Salon: After playing a clip in which Secretary of Homeland Security Kirstjen Nielsen claimed that thousands of so-called “special interest aliens” had been stopped at the border between the United States and Mexico, Wallace on “Fox News Sunday” pointed out that Nielsen’s assertion did not justify the building of a border wall in quite the way that her speech seemed to imply.

 

Trump’s N.J. golf club shielded undocumented immigrants from Secret Service, report says

NJ.com: A human resources worker at Trump National Golf Club scratched the names of undocumented immigrant employees off a list of kitchen staff due to be screened by the Secret Service, a former employee at the elite club told the New York Times.

 

Trump used her slain daughter to rail against illegal immigration. She chose a different path.

WaPo: He was the child of Mexican immigrants. For years, his parents had lived and worked beside her daughter’s alleged killer at the same dairy farm on the other side of town, which they fled after the man’s arrest, leaving behind not only Brooklyn, but also Ulises, their 17-year-old son. He’d wanted to finish high school in the only town he’d ever known, and soon, remarkably, he had a new home — the home of Mollie Tibbetts — where Laura had promised to look after him in his parents’ absence.

 

LITIGATION/CASELAW/RULES/MEMOS

Change to the Federal Definition of Marijuana

NIPNLG: Sec. 12619 of the “Agricultural Improvement Act of 2018” changed the federal definition of Marijuana in 21 U.S.C. § 802(16) to explicitly exclude hemp. It also modified the definition of tetrahydrocannabinols (THC) in 21 U.S.C. § 812(c) to exclude THC from hemp. The bill was passed on Dec. 12 and signed by the president on Dec. 20. Therefore, to the extent that a state statute uses the older federal definition of marijuana, we believe those statutes are now overbroad because they do not exclude hemp.

 

For Undocumented Immigrants, Getting A Driver’s License Could Spell Trouble With ICE

NPR: In Vermont, migrant dairy farmworkers were targeted for deportation after they obtained drivers licenses, according to a federal lawsuit filed by Migrant Justice, a local activist group. The suit cites documents obtained under the state access to public records law that show the state Department of Motor Vehicles forwarded names, photos, car registrations, and other information on migrant workers to Immigration and Customs Enforcement, or ICE.

 

Southwest Key to face criminal review, more regulation after incidents caught on video

AZCentral: The sheriff’s office formally asked prosecutors to determine whether criminal charges are warranted against Southwest Key due to a series of incidents in which children were shoved and dragged at the Hacienda Del Sol shelter in Youngtown.

 

BIA Holds Aggravated Felony Bar in 212(h) Does Not Apply to Refugees Who Adjusted Status

Unpublished BIA decision holds that respondent was not “admitted” as an LPR when he adjusted from refugee status and states that it is not bound by contrary Eighth Circuit decision. Special thanks to IRAC. (Matter of S-N-, 1/8/18) AILA Doc. No. 19010406

 

BIA Equitably Tolls Motion to Reopen Deadline By More Than a Decade

Unpublished BIA decision equitably tolls motion to reopen deadline for respondent ordered removed in 2003 because he pursued his rights with reasonable diligence in 2014 after learning of a favorable Supreme Court decision. Special thanks to IRAC. (Matter of Lugo-Resendez, 12/28/17) AILA Doc. No. 18123102

 

BIA Holds Iowa Drug Schedules Are Overbroad and Indivisible

Unpublished BIA decision holds possession of controlled substance under Iowa Code 124.401(5) is not a controlled substance offense because state drug schedule is overbroad and identity of the substance is not an element. Special thanks to IRAC. (Matter of Moreno-Gallegos, 12/29/17) AILA Doc. No. 19010332

 

BIA Holds California Vandalism Statute Is Not a CIMT

Unpublished BIA decision holds that vandalism under Cal. Penal Code 594(a) is not a CIMT and statute is not divisible. Special thanks to IRAC. (Matter of J-G-F-, 12/29/17) AILA Doc. No. 19010400

 

BIA Finds IJ Acted In Improperly Hostile Manner Toward Respondent’s Attorney

Unpublished BIA decision grants new hearing where IJ went off the record and was alleged to have screamed at the respondent’s attorney, mimicked her voice, and called her several disrespectful names. Special thanks to IRAC. (Matter of E-D-M-, 1/2/18) AILA Doc. No. 19010401

 

BIA Holds Georgia Theft By Shoplifting Is Not an Aggravated Felony

Unpublished BIA decision holds that theft by shoplifting under Ga. Code Ann. 16-8-14 is not an aggravated felony theft offense because it prohibits the appropriation of property for one’s own use. Special thanks to IRAC. (Matter of Gonzalez-Velasquez, 1/3/18) AILA Doc. No. 19010404

 

BIA Finds Failure to Comply With Sexual Registration Requirements Is Not a CIMT

Unpublished BIA decision holds failure to comply with sexual registration requirements under Tex. Code Crim. Proc. 62.102 is not a CIMT because defendants need only act in reckless manner and need not be informed of the requirements. Special thanks to IRAC. (Matter of Paez Juarez, 1/5/18) AILA Doc. No. 19010405

 

BIA Holds Florida Grant Theft Is Not a CIMT

Unpublished BIA decision holds that grand theft under Fla. Stat. 812.014(2)(c)(ii) is not a CIMT because it encompasses temporary takings and DHS failed to demonstrate that the statute was divisible. Special thanks to IRAC. (Matter of Similien, 12/29/17) AILA Doc. No. 18123101

BIA Reverses Dangerousness Finding Based on Reckless Driving Arrest

Unpublished BIA decision reverses IJ bond determination that respondent was a danger to the community based on an arrest for reckless driving for which authorities declined to pursue charges. Special thanks to IRAC. (Matter of J-O-N-G-, 12/16/17) AILA Doc. No. 18123100

 

USCIS Announces Updates to Civics Test Answers

USCIS announced updates to the acceptable answers to four questions on the U.S. history and government (civics) test for individuals seeking naturalization as U.S. citizens. The revised answers to the questions are effective immediately. AILA Doc. No. 19010407

 

President Trump Sends Letter to Congress on Border Security

President Trump sent a letter to all members of Congress about border security that also included a presentation DHS Secretary Kirstjen Nielsen planned to deliver during a meeting with congressional leadership. AILA Doc. No. 19010432

 

RESOURCES

 

EVENTS

 

ImmProf

 

Monday, January 7, 2019

Saturday, January 5, 2019

Friday, January 4, 2019

Thursday, January 3, 2019

Wednesday, January 2, 2019

Tuesday, January 1, 2019

Monday, December 31, 2018

 

AILA NEWS UPDATE

http://www.aila.org/advo-media/news/clips

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

Thanks, Elizabeth.

PWS

01-09-19

Related posts:

  1. THE GIBSON REPORT 04-22-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  2. THE GIBSON REPORT — 04-29-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  3. KEEP UP TO DATE WITH ALL OF THE REGIME’S LATEST ANTI-IMMIGRANT SCHEMES, GIMMICKS, & SHENANIGANS – THE GIBSON REPORT – 01-06-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  4. 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”⚖️

THE GIBSON REPORT — 12-31-18 — Compiled By The Always Amazing Elizabeth Gibson, Esquire, NY Legal Assistance Group

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

Looking forward, Elizabeth, to even more reports of Due Process victories for the NDPA and further defeats for this Administration’s scofflaw White Nationalist agenda in 2019. Thanks for all you do to keep us up to date and informed!

PWS

01-01-19

 

 

Related posts:

  1. 😰NO HAPPY NEW YEAR FOR FAMILIES IN “THE NEW AMERICAN GULAG”☠️⚰️ — As Kakistocracy Of War Criminals 🤮🏴‍☠️ Departs, Will President Biden Have The Wisdom & Guts To Move Beyond “The Dem Border Alarmists” & Get The Progressive Leaders 🦸🏽‍♂️⚖️ From The NDPA In Place To Bring Due Process & Order To The Border?🗽🇺🇸
  2. TRUMP TREATS KIDS AS HUMAN PAWNS IN UGLY POLITICAL CHESS GAME – Administration’s Continued Spreading Of False Narrative On Migration Makes Continuing Migration Outside of Legal System Inevitable!
  3. HAPPY NEW YEAR FROM COURTSIDE! — I Take A Look Forward @ 2019’s Big Immigration Stories
  4. THE GIBSON REPORT — 05-13-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

THE GIBSON REPORT — 12-24-18 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

TOP UPDATES

Justices rebuff government on asylum ban

SCOTUSblog: Last week the federal government went to the Supreme Court, asking the justices to block a ruling by a federal judge that bars the Trump administration from denying asylum to immigrants who enter the United States illegally from Mexico. Today the justices turned down the government’s request, which means that the government will not be able to enforce its new policy on asylum while the government appeals to the U.S. Court of Appeals for the 9th Circuit and, if it comes to that, the Supreme Court. See also Ruth Bader Ginsburg Voted From Hospital To Block Trump Asylum Restrictions.

 

Trump is officially turning back asylum seekers who come to the US through Mexico

Vox: The policy change means that people who are trying to exercise their legal right to seek asylum will be barred from the US for months or even years while they wait for their asylum claim to come before a judge. See also Secretary Kirstjen M. Nielsen Announces Historic Action to Confront Illegal Immigration.

 

EOIR Creates More Obstacles for Families

Jeffrey Chase: In a November 16 memo to immigration judges, EOIR’s Director, James McHenry, announced that after a nearly two-year reprieve,  “Family Unit” cases are again being prioritized, under conditions designed to speed them through the immigration court system, ready or not, with or without representation, due process be damned.

 

How Trump Is Stripping Immigrants of Their Citizenship

The Nation: Twin operations have been set up to accomplish this: Operation Janus, which is housed at an office in Los Angeles and had plans to refer 1,600 cases for prosecution and possible denaturalization, and Operation Second Look, which will review hundreds of thousands of petitions to locate the tiniest of discrepancies. See also Is Denaturalization the Next Front in the Trump Administration’s War on Immigration?

 

Trump’s crackdown hits legal immigrants

Politico: State Department data show visa issuances have slumped under Trump, according to government information reviewed and analyzed by POLITICO. The number of visas for temporary stays in the U.S. fell 13 percent in fiscal year 2018 compared with two years earlier, the last full year under President Barack Obama. Immigrant visas, which allow a person to apply for a green card, dropped by 14 percent over the same period.

 

Two Honduran teens from migrant caravan are killed in Tijuana

WaPo: Mexican authorities said the bodies of the two boys — thought to be 16 or 17 years old — were discovered last weekend. They had stab wounds and had been strangled after an apparent robbery attempt, according to the state police.… Mexican police said the two Hondurans, who were not identified, had left a shelter for migrant youths Saturday to visit a sports arena used as a migrant shelter in another part of the city.

 

Thousands of Migrant Children Could Be Released With Trump’s Major Policy Reversal

TexasMonthly: Federal officials have reversed course and announced they will reduce fingerprint requirements of potential sponsors for detained children.

 

‘A moral disaster’: AP reveals scope of migrant kids program

AP: Decades after the U.S. stopped institutionalizing kids because large and crowded orphanages were causing lasting trauma, it is happening again. The federal government has placed most of the 14,300 migrant toddlers, children and teens in its care in detention centers and residential facilities packed with hundreds, or thousands, of children. As the year draws to a close, about 5,400 detained migrant children in the U.S. are sleeping in shelters with more than 1,000 other children. Some 9,800 are in facilities with 100-plus total kids, according to confidential government data obtained and cross-checked by The Associated Press.

 

In Immigrant Children’s Shelters, Sexual Assault Cases Are Open and Shut

ProPublica: Across the country, kids are reporting sexual assaults in immigrant children’s shelters. Alex decided to come forward. He told the shelter two older teens dragged him into a bedroom. There was surveillance video. But Alex’s case wasn’t investigated. His isn’t the only one.

 

Growth in the Immigration Court Backlog Continues in FY 2019

TRAC: The Immigration Court backlog continues to rise. As of November 30, 2018, the number of pending cases on the court’s active docket topped eight-hundred thousand (809,041) cases. This is almost a fifty percent (49.1%) increase compared to the 542,411 cases pending at the end of January 2017 when President Trump took office. This figure does not include the additional 330,211 previously completed cases that EOIR placed back on the “pending” rolls that have not yet been put onto the active docket.

 

People smugglers arrested in several Latin American countries

BBC: A crackdown on migrant smuggling networks across the Americas has resulted in 49 arrests. The operation was co-ordinated by Interpol which said organised crime networks were helping to smuggle South Asian migrants into the US.

 

Healthcare, Immigration Down as Most Important Problem

Gallup: In the first survey after the midterm Congressional election, mentions of immigration and healthcare as the top problems facing the country are down. Sixteen percent of Americans cite immigration as the top problem, down from 21% last month, while those noting healthcare dropped to 5% from 11%.

 

‘Very possible’ shutdown could last into new year, White House budget director Mick Mulvaney says

WaPo: The partial shutdown paralyzing large portions of the federal government may last into January when Democrats retake control of the House, the White House acknowledged Sunday, as negotiations over funding for President Trump’s border wall sputtered to a near-standstill and congressional leaders abandoned Washington for Christmas.

 

NY Expands Legal Aid Program for Immigrants

AP: New York state is expanding a legal defense project for immigrants launched in 2017 to include social and health care services for families. Gov. Andrew Cuomo says the new “Project Golden Door” will provide family support services at 12 existing sites. In addition, a new Regional Rapid Response team will set up attorneys in the state’s 10 regional economic development council areas to respond to raids by U.S. Immigration and Customs Enforcement.

 

LITIGATION/CASELAW/RULES/MEMOS

Judge Finds Attorney General’s Gutting of Asylum Protections Unlawful

AILA President Anastasia Tonello and Executive Director Benjamin Johnson responded to today’s ruling striking down key portions of then-Attorney General Jeff Sessions’ decision in Matter of A-B-, which restricted asylum for victims of domestic and gang violence. AILA Doc. No. 18121940.

Matter of A.J. VALDEZ  27 I&N Dec. 496 (BIA 2018)

(1) An alien makes a willful misrepresentation under section 212(a)(6)(C)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(6)(C)(i) (2012), when he or she knows of or authorizes false statements in an application filed on the alien’s behalf.

(2) An alien’s signature on an immigration application establishes a strong presumption that he or she knows of and has assented to the contents of the application, but the alien can rebut the presumption by establishing fraud, deceit, or other wrongful acts by another person.

 

ICE Blocks Immigrants From Lawyers With Draconian Phone Rules In California, ACLU Says

Newsweek: An immigration detention center in California has effectively worked to keep immigrants from contacting lawyers through phone rules, a lawsuit alleged last week.

 

U.S. Representatives Request to Investigate DHS’s TPS Termination Decision

On 12/4/18, over 80 members of the U.S. House of Representatives sent a letter to DHS Acting Inspector General requesting an immediate investigation into DHS’s decision to terminate TPS for Sudan, Nicaragua, Nepal, Haiti, El Salvador, and Honduras. AILA Doc. No. 18122033

 

ICE Releases Death Detainee Report

Congressional requirements described in the 2018 Department of Homeland Security Appropriations Bill require ICE to make public all reports regarding an in-custody death within 90 days. ICE has provided those reports, beginning in FY2018. AILA Doc. No. 18121905

 

EOIR Releases Memo on Internal Reporting of Suspected Ineffective Assistance of Counsel and Professional Misconduct

EOIR released guidance establishing policies and procedures for reporting suspected incidents of ineffective assistance of counsel or other violations of the EOIR Rules of Professional Conduct for Practitioners to the Office of General Counsel Attorney Discipline Program. Guidance effective 1/1/19. AILA Doc. No. 18121938

EOIR Announcement of Closing on December 24, 2018

EOIR announced that it would be closed on 12/24/18 in accordance with Executive Order 13854. Immigration court hearings scheduled for 12/24/18 will be rescheduled and new hearing notices will be sent to both parties. AILA Doc. No. 18122113

 

RESOURCES

 

EVENTS

 

ImmProf

 

Sunday, December 23, 2018

Saturday, December 22, 2018

Friday, December 21, 2018

Thursday, December 20, 2018

Wednesday, December 19, 2018

Tuesday, December 18, 2018

Monday, December 17, 2018

 

 

AILA NEWS UPDATE

http://www.aila.org/advo-media/news/clips

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

Thanks, Elizabeth.

PWS

12-30-18

Related posts:

  1. THE GIBSON REPORT – 07-02-18 – COMPILED BY ELIZABETH GIBSON, ESQUIRE, NY LEGAL ASSISTANCE GROUP
  2. THE GIBSON REPORT 04-22-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  3. KEEP UP TO DATE WITH ALL OF THE REGIME’S LATEST ANTI-IMMIGRANT SCHEMES, GIMMICKS, & SHENANIGANS – THE GIBSON REPORT – 01-06-20 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  4. 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”⚖️

THE GIBSON REPORT 12-17-18 – Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

THE GIBSON REPORT 12-17-18 – Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group

 

TOP UPDATES

 

ICE arrested 170 immigrants seeking to sponsor migrant children

NBC: Nearly two thirds of those arrested — 109 in total — had no criminal record…The arrests follow a move by President Donald Trump’s administration earlier this year that allowed immigration authorities to examine the criminal background and legal status of anyone who steps forward to sponsor unaccompanied migrant children — usually parents or close relatives already in the U.S. — as well as any other adults living in their home.

 

7-year-old migrant girl taken into Border Patrol custody dies of dehydration, exhaustion

WaPo: According to CBP records, the girl and her father were taken into custody about 10 p.m. Dec. 6 south of Lordsburg, N.M., as part of a group of 163 people who approached U.S. agents to turn themselves in. More than eight hours later, the child began having seizures at 6:25 a.m., CBP records show. Emergency responders, who arrived soon after, measured her body temperature at 105.7 degrees, and according to a statement from CBP, she “reportedly had not eaten or consumed water for several days.” See also NYT: Father of Migrant Girl Who Died in U.S. Custody Disputes Border Patrol Account

 

Stephen Miller says Trump is “absolutely” willing to shut down the government over border wall funding

Vox: Miller’s comments come after a very tense, very public week of funding negotiations: A televised White House meeting between Trump, incoming House Majority Leader Nancy Pelosi, and Senate Minority Leader Chuck Schumer Tuesday ended with the president saying he would be “proud” to shut down the government over their refusal to allocate $5 billion in wall funding (the total cost of the wall ranges from $20 billion to $70 billion).

 

Immigration Arrests and Deportations Are Rising, I.C.E. Data Show

NYT: Immigration and Customs Enforcement said it arrested about 59,000 foreigners during the 2018 fiscal year that ended Sept. 30, an increase of 11 percent from the previous year.

 

Asylum Claims Jump Despite Trump’s Attempt to Limit Immigration

NYT: Nearly 93,000 asylum seekers who crossed the border illegally or turned themselves in at official ports of entry in 2018 cited a credible fear of being targeted because of their race, religion, nationality, political opinions or social group. That is up from nearly 56,000 migrants who asked for asylum last year because they feared returning home, the data shows. See also HRF: CBP’s Figures on Credible Fear Claims – Out of Context

and Inaccurate.

 

Trump Moves to Deport Vietnam War Refugees

Atlantic: In essence, the administration has now decided that Vietnamese immigrants who arrived in the country before the establishment of diplomatic ties between the United States and Vietnam are subject to standard immigration law—meaning they are all eligible for deportation.

 

Federal Prosecution Levels Remain at Historic Highs

TRAC: The latest available data from the Justice Department show that during October 2018 the government reported 18,135 new prosecutions, an increase of 6.7 percent over the previous month, and 57.3 percent over this period last year[1]. The increase in federal criminal prosecutions is largely driven by a rise in immigration-related prosecutions beginning in March 2018. Nearly 70 percent of all criminal prosecutions in federal courts in October 2018 were immigration-related.

 

Trump “public charge” plan gets over 200,000 comments

Vox: While most of the comments haven’t yet been publicly posted online, it’s fair to say that most of the activity around the proposal has come from outraged immigrant-rights and economic-justice groups — as well as medical associations deeply concerned about the potential for families to forego necessary health services for fear of jeopardizing their immigration status.

 

Are there really 600 criminals in the migrant caravan at the border?

NBC: Kirstjen Nielsen said 600 immigrants in the caravan are criminal. NBC News has learned most of those charges are for entering the U.S. illegally or DUIs.

 

Use Of Video Technology Surges In Immigration Courts

WNYC: Immigration courts are increasingly relying on video technology during President Trump’s administration, with more than 9 percent of all hearings conducted by video teleconferencing in fiscal year 2018, according to data obtained by WNYC. The government considers video more efficient, but immigration lawyers believe it can put their clients at a disadvantage.

 

LITIGATION/CASELAW/RULES/MEMOS

Government asks justices to intervene on asylum ban

SCOTUSblog: [T]oday the federal government went to the Supreme Court, asking the justices to put Tigar’s order on hold while it appeals the ruling to the U.S. Court of Appeals for the 9th Circuit – and, if necessary, the Supreme Court.

 

CA9 Denies Government’s Motion for Stay of Restraining Order Enjoining Interim Final Rule on Asylum Claims

The court denied the government’s motion for a stay of the district court’s temporary restraining order enjoining the government from implementing the 11/9/18 interim final rule on asylum claims along the southern border. (East Bay Sanctuary Covenant v. Trump, 12/7/18) AILA Doc. No. 18121000

 

DHS OIG Issues Management Alert Stating that CBP Needs to Address Serious Performance Issues

DHS OIG issued a management alert on the Accenture hiring contract, stating that as of 10/1/18, CBP has paid Accenture approximately $13.6 million for startup costs, security requirements, recruiting, and applicant support. In return, Accenture has processed two accepted job offers. AILA Doc. No. 18121100

 

ICE Announces Surge in Worksite Enforcement Investigations in FY2018

ICE announced that during FY2018, worksite investigations, I-9 audits, and administrative worksite-related arrests surged between 300 to 750% over FY2017. HSI’s worksite enforcement strategy focuses on criminal prosecution of employers who knowingly break the law and use of I-9 audits/civil fines. AILA Doc. No. 18121138

 

USCIS Releases Information on Rosario v. USCIS Class Action

USCIS released information on the Rosario v. USCIS class action lawsuit, including who is a Rosario class member. AILA Doc. No. 18121038

 

USCIS Issued Policy Memo on Revised Interview Waiver Guidance for Form I-751

USCIS issued a policy memo that provides guidance to USCIS officers on waiving the interview requirement for Form I-751, Petition to Removal Conditions on Residence. The memo goes into effect on 12/10/18 and applies to all Form I-751 petitions received on or after 12/10/18. AILA Doc. No. 18121035

 

USCIS Issued a Policy Memo on Sufficiency of Medical Certification for Disability Exceptions (Form N-648)

USCIS issued policy guidance in the USCIS Policy Manual to update and clarify filing procedures and adjudications on the Medical Certification for Disability Exceptions (Form N-648). Comments are due 12/27/18. Guidance is effective on 2/12/19. AILA Doc. No. 18121234

 

USCIS 60-Day Notice and Request for Comments on Proposed Revisions to Form G-639

Proposed changes appear to focus on collecting additional information relating to requestors and instructions for paying processing fees.

 

EOIR and USCIS Release Information on the 180-Day Asylum EAD Clock

EOIR and USCIS released information on the 180-day Asylum EAD clock, including what starts and stops the clock, what to do if there is an erroring the calculation of time, and what to do if there is an error in the adjudication of the Form I-765. AILA Doc. No. 18121040

 

RESOURCES

 

EVENTS

 

ImmProf

 

Monday, December 17, 2018

Sunday, December 16, 2018

Friday, December 14, 2018

Thursday, December 13, 2018

Wednesday, December 12, 2018

Tuesday, December 11, 2018

Monday, December 10, 2018

 

AILA NEWS UPDATE

http://www.aila.org/advo-media/news/clips

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

Wonder why the Administration’s immigration enforcement policy is ineffective, totally screwed up, and constantly losing in the real (Article III) Courts (where DOJ throws contemptuous “zingers” at life-tenured Article III Judges, but actually can’t convince them to buy their often disingenuous legal arguments)? Look no further than the idiotic rantings of Stephen “Hairboy” Miller linked above.  Why would they let this lunatic loose on national TV?

Thanks, Elizabeth, for all you do!

PWS

12-19-18

Related posts:

  1. THE GIBSON REPORT FOR 12-18-17 – RECOGNIZING: The Absolutely Amazing ELIZABETH GIBSON Of The NY Legal Assistance Group and ALL She Does For Fairness, Justice, & Due Process! — MAKING A DIFFERENCE IN THE LIVES OF OUR MOST VULNERABLE!
  2. THE GIBSON REPORT — 05-13-19 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group
  3. A VERY TRUMPY CHRISTMAS:  PERVERTING ASYLUM REGS; USING VULNERABLE KIDS AS BAIT; ORBITING REFUGEES TO DEADLY ASYLUM-FREE ZONES; SCREWING WITH LEGAL IMMIGRANTS; DEATH CAMPS; STAR CHAMBERS; MORE PROSECUTORS AS JUDGES; & OTHER “GIFTS” FROM THE REGIME & ITS ARTICLE III JUDICIAL ENABLERS — Get The “Holiday Horror Update” On All Of America’s Human Rights Abuses & Gratuitous Cruelty From The Gibson Report 12-23-19 
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