Tag: Gibson Report 04-09-18

THE GIBSON REPORT — 04-09-18 – Compiled By Elizabeth Gibson, ESQ, NY Legal Assistance Group

THE GIBSON REPORT

TOP HEADLINES:

TOP UPDATES

 

Trump Signs Memo Ordering End to ‘Catch and Release’ Immigration Policy

NYT: President Trump issued a memorandumon Friday directing his administration to move quickly to bring an end to “catch and release,” the practice by which immigrants presenting themselves at the border without authorization are released from detention while waiting for their cases to be processed. The directive does not, on its own, toughen immigration policy or take concrete steps to do so; it merely directs officials to report to the president about steps they are taking to “expeditiously end ‘catch and release’ practices.”

 

Attorney General Announces Zero-Tolerance Policy for Criminal Illegal Entry

DOJ: Attorney General Jeff Sessions today notified all U.S. Attorney’s Offices along the Southwest Border of a new “zero-tolerance policy” for offenses under 8 U.S.C. § 1325(a), which prohibits both attempted illegal entry and illegal entry into the United States by an alien. Today’s zero-tolerance policy further directs each U.S. Attorney’s Office along the Southwest Border … to adopt a policy to prosecute all Department of Homeland Security referrals of section 1325(a) violations, to the extent practicable.

 

EOIR Issues Guidance Implementing Immigration Judge Performance Metrics

EOIR issued guidance outlining performance metrics for immigration judges (IJs), to be implemented on 10/1/18. Metrics will be added to the IJ Performance Work Plan and in addition to other requirements, IJs will need to complete 700 cases per year, to earn a satisfactory rating. AILA Doc. No. 18040301

 

3 States Agree to Deploy National Guard to Border as Others Stall or Refuse

Tribune News Service: Defense Secretary James N. Mattis has signed an order to send up to 4,000 National Guard troops to the U.S.-Mexico border but barred them from interacting with migrants detained by the Border Patrol in most circumstances.

 

Border Patrol has thousands of openings it can’t fill

CNN: According to Customs and Border Protection, as of March 17, there were 19,346 Border Patrol agents on duty, short of the congressionally mandated 21,370. That’s almost 100 fewer agents than there were at the end of September 2017.

 

Mexico says it’s already deported 400 people in ‘Caravan’

WashTimes: The Mexican government says it’s already deported 400 people who were part of the caravan of illegal immigrants crossing its territory in a journey from Central America to the U.S. — but says it’s up to American officials, not Mexicans, to stop them from getting into the U.S.

 

U.S. gathers data on migrants deep in Mexico, a sensitive program Trump’s rhetoric could put at risk

WaPo: Operating in detention facilities in southern Mexico and here in [Mexico City], Department of Homeland Security officials have installed scores of screening terminals to collect migrants’ fingerprints, ocular scans and other identifying features, including tattoos and scars.

 

Graham predicts new push for immigration deal

Politico: Sen. Lindsey Graham said Sunday he expects another push in Congress to reach an immigration deal “by the spring, early summer.”

 

The Betrayal of Triste

NYMag: Henry thought that talking to the cops would help him escape MS-13. Instead, it put his life in even more danger.

 

America needs more workers. Trump’s war on immigration won’t help.

WaPo: The causes of America’s worker shortfall include an aging population and a birthrate that recently hit a historic low. With the jobless rate bumping along at just above 4 percent, companies desperate to fill orders and meet demand are pumping up their recruiting budgets and in some cases turning to ex-convicts to fill jobs.

 

Closure of U.S. Consulate General in St. Petersburg, Russia

DOS announced that due to the Russian government’s closure of the U.S. Consulate General in St. Petersburg, it is no longer able to provide services to U.S. citizens in St. Petersburg. The U.S. Embassy in Moscow and Consulates General in Yekaterinburg and Vladivostok remain open.

AILA Doc. No. 18040207

 

LITIGATION/CASELAW/RULES/MEMOS

 

Southern Poverty Law Center Files Suit Challenging Lack of Access to Counsel in Immigration Detention Centers

The Southern Poverty Law Center filed a lawsuit in federal district court challenging immigration detainees’ lack of access to counsel in the LaSalle, Irwin, and Stewart detention centers. (SPLC v. DHS, 4/4/18) AILA Doc. No. 18040530

 

BIA Applies Matter of Pickering on a Nationwide Basis

The BIA sustained the respondent’s appeal, reaffirming Matter of Pickering, regarding the validity of vacated convictions for immigration purposes, and the decision is modified to give it nationwide application. Matter of Marquez Conde, 27 I&N Dec. 251 (BIA 2018)AILA Doc. No. 18040630

 

CA1 Denies Petition for Review of Denial of Asylum, Withholding, and CAT Protection to Guatemalan Quiché Petitioners

The court denied the petition for review, holding, among other things, that the petitioners did not show that the government of Guatemala condoned the actions of those who mistreated the petitioners or was unable or unwilling to protect them. (Olmos-Colaj v. Sessions, 3/29/18) AILA Doc. No. 18040341

 

CA1 Denies Petition for Review Challenging BIA’s Denial of Motion to Reopen

The court found that the BIA did not abuse its discretion when it dismissed the petitioner’s motion to reopen as untimely. The court also dismissed for lack of jurisdiction his challenge to the BIA’s decision not to exercise its sua sponte authority to reopen. (Reyes v. Sessions, 3/29/18) AILA Doc. No. 18040431

 

CA2 Finds Petitioner Removable Where CSA Drug Schedules Were Broader at Time of Conviction Than at Time of Removal

The court found that the BIA did not err in determining that the petitioner’s federal drug trafficking conviction made him removable, even though the Controlled Substances Act (CSA) schedules of drugs were broader at time of conviction than at the time of removal. (Doe v. Sessions, 3/29/18) AILA Doc. No. 18040434

 

CA3 Finds New Jersey Conviction for Receiving Stolen Property to Be an Aggravated Felony

The court denied the petition for review, holding that a conviction under N.J. Stat. Ann. §2C:20-7(a) for receiving stolen property is categorically an aggravated felony under INA §101(a)(43)(G). (Lewin v. Sessions, 3/20/18) AILA Doc. No. 18040435

 

CA4 Holds That “Egregious Violation” Exclusionary Rule Applies to State and Local Officers

The court held that the “egregious violation” exclusionary rule applies in civil deportation proceedings to state and local officers, and that the petitioner did not prove an egregious violation by state law enforcement of his Fourth Amendment rights. (Sanchez v. Sessions, 3/27/18) AILA Doc. No. 18040440

 

CA5 Denies Petition for Review Where Defendant Failed to Raise the Issue of the Realistic Probability Test

The court found that the BIA did err in its application of the categorical approach to the petitioner’s conviction, but denied the petition for review because the petitioner failed to address the issue of the realistic probability test in his brief. (Vazquez v. Sessions, 3/21/18) AILA Doc. No. 18040441

 

CA8 Denies Petition for Review of Denial of Asylum to Guatemalan Survivor of Gender-Based Violence

The court denied the petition for review of the denial of asylum, finding that the harm inflicted on the petitioner by her husband and by a neighbor did not rise to the level of persecution and that she failed to establish a fear of future persecution. (Lopez v. Sessions, 4/3/18) AILA Doc. No. 18040342

 

CA9 Finds Petitioner Convicted Under California Penal Code §182(a)(1) Is Ineligible for Cancellation Based on Inconclusive Record

The court held that petitioner had failed to meet her burden of proof to show that her conviction under California Penal Code §182(a)(1) was not for a disqualifying controlled substance offense, and thus that she was ineligible for cancellation of removal. (Marinelarena v. Sessions, 8/23/17) AILA Doc. No. 17082435

 

CA10 Holds that Violation of 18 USC §1542 Is Categorically a Crime Involving Moral Turpitude

The court held that a violation of 18 USC §1542 for making a false statement in a passport application is categorically a crime involving moral turpitude. (Afamasaga v. Sessions, 3/19/18) AILA Doc. No. 18040445

 

CA11 Finds Florida Conviction for Sale of Cocaine to Be an “Illicit Trafficking” Aggravated Felony

The court held that the BIA did not err in concluding that the petitioner was ineligible for cancellation of removal because his Florida conviction for sale of cocaine constituted illicit trafficking within the meaning of INA §101(a)(43)(B). (Choizilme v. Attorney General, 3/30/18) AILA Doc. No. 18040446

 

Court Finds CBP’s Response to AILA FOIA for Officer’s Reference Tool Inadequate

The court denied the government’s motion for summary judgment, noting it is obligated to review and disclose responsive records, including the documents that make up the Officer’s Reference Tool unless a FOIA exemption or other legal objection to disclosure applies. (AILA v. DHS, 3/30/18) AILA Doc. No. 18040337

 

ACLU Affiliates Sends Letter to Greyhound Buses on Immigration Raids

ACLU affiliates sent a letter to Greyhound on its practice of permitting CBP agents to routinely board its buses and question passengers about their citizenship and immigration status, stating Greyhound has the right to deny CBP permission to board and search its buses without a judicial warrant. AILA Doc. No. 18040340

 

USCIS Announces It Will Destroy Undeliverable Green Cards and EADs After 60 Days

USCIS announced that starting 4/2/18, it will destroy permanent resident cards, employment authorization cards, and travel documents returned as undeliverable by the U.S. Postal Service after 60 business days if USCIS is not contacted with the correct address. AILA Doc. No. 18040401

 

ACTIONS

 

 

RESOURCES

 

 

EVENTS

 

·            9/26/18Representing Children in Immigration Matters 2018: Effective Advocacy and Best Practices

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As always, thanks Elizabeth for keeping us all informed!

PWS

04-09-18

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