Attorney, NY Legal Assistance Group
Publisher of “The Gibson Report”
TOP NEWS
Migrant youth describe desperation to leave large shelters
AP: The children were interviewed by immigrant advocates from March to June, and their accounts were filed late Monday with a federal court in Los Angeles that oversees a longstanding settlement governing custody conditions for children who cross the border alone.
Driven by pandemic, Venezuelans uproot again to come to US
WaPo: Many of the nearly 17,306 Venezuelans who have crossed the southern border illegally since January had been living for years in other South American countries, part of an exodus of millions since President Nicolás Maduro took power in 2013.
Biden admin won’t oppose bid to revive immigration judges union
Reuters: DOJ’s Executive Office for Immigration Review (EOIR) on Friday withdrew its opposition to the National Association of Immigration Judges’ motion for reconsideration of the November ruling, which said the judges were management employees who cannot unionize under federal law.
U.S. border arrests top 1 million in fiscal year 2021
Reuters: At the current pace, the total border arrests for the fiscal year, which ends on Sept. 30, would be the highest since 2000, when nearly 1.7 million migrants were apprehended by U.S. authorities.
Touring the Border, Harris Asked Questions, and Had Few Answers
NYT: Advocates pushed the vice president to end Title 42, a Trump-era rule that allows the government to expel migrants for public health reasons.
Biden administration forces out Border Patrol chief, a supporter of Trump’s policies.
NYT: The Biden administration is forcing out the chief of the United States Border Patrol, Rodney S. Scott, who took over the agency during the final year of the Trump administration, a Department of Homeland Security official said on Wednesday.
U.S. planning to evacuate thousands of interpreters from Afghanistan
Politico: The plan is to use the Special Immigrant Visa category to process the interpreters once they’re moved to a third country, likely to happen in August.
NJ Senate Votes To End Immigration Detention
Law360: New Jersey is on track to join California and become the first East Coast state to ban U.S. Immigration and Customs Enforcement detention facilities following a vote Thursday.
U.K. wants to send asylum seekers to offshore centers after Denmark passes similar law
WaPo: Downing Street is even exploring sharing a center in Africa with Denmark, the Times of London reported.
LITIGATION/CASELAW/RULES/MEMOS
Justices Vet Court Review Of Non-Discretionary BIA Orders
Law360: The U.S. Supreme Court on Monday agreed to assess an Eleventh Circuit decision holding that courts lack authority to review “non-discretionary” determinations by the Board of Immigration Appeals related to findings of inadmissibility.
High Court Wraps Up Moot ‘Remain In Mexico’ Suit
Law360: The U.S. Supreme Court undid two lower court rulings that blocked a Trump-era asylum policy Monday, deeming an injunction on the Migrant Protection Protocols moot three weeks after President Joe Biden formally ended the program.
BIA Remands for IJ to Determine Qualification for “Simple Possession” Exception
The BIA sustained the appeal and remanded to allow the IJ to evaluate if the respondent qualifies for the “simple possession” exception to §245(h)(2)(B) under the circumstance-specific approach. Matter of Moradel, 28 I&N Dec. 310 (BIA 2021) AILA Doc. No. 21062335
1st Circ. Won’t Nix Its Ruling On ICE Courthouse Arrests
Law360: The First Circuit stood by its decision to wipe a lower court ruling that had blocked federal immigration authorities from making arrests in and around Massachusetts courthouses, ruling Thursday that the Biden administration’s decision to curb many such arrests does not render the case moot.
The court found that the BIA did not abuse its discretion in dismissing petitioner’s motion to reopen as untimely, finding that her motion did not contain any evidence that Jamaican officials would likely acquiesce to her torture if she were returned to Jamaica. (Darby v. Att’y Gen., 6/17/21) AILA Doc. No. 21062533
5th Circ. Nixes Mentally Ill Pakistani Man’s Asylum Bid
Law360: The Fifth Circuit on Thursday refused to reinstate the asylum status of a schizophrenic Pakistani man who called his brother and threatened to kill up to 50 people in Amarillo, Texas, rejecting his counsel’s arguments that his threat wasn’t serious because he’s mentally ill.
CA7 On Niz-Chavez: Avila De La Rosa V. Garland
LexisNexis: Avila de la Rosa v. Garland “Cristian Avila de la Rosa received a procedurally defective Notice to Appear for his immigration removal proceedings, and (unlike many others) he made a timely objection to that Notice. The immigration judge, however, disregarded Avila’s objection, and the Board of Immigration Appeals thereafter insisted that Avila was not entitled to relief unless he could demonstrate prejudice.
CA9 On Voluntary Departure: Zamorano V. Garland
LexisNexis: Zamorano v. Garland “Victor Luis Angeles Zamorano, a native and citizen of Mexico, seeks review of a decision by the Board of Immigration Appeals (BIA) dismissing his appeal from a decision of the immigration judge (IJ) that denied his application for voluntary departure. Because the IJ failed to evaluate the factors weighing in favor of granting Zamorano voluntary departure, we grant the petition and remand.
9th Circ. Faults Credibility Finding For Asylum-Seeker
Law360: The Ninth Circuit ordered the immigration courts on Tuesday to reconsider a Ukrainian asylum-seeker’s request for protection, finding a series of errors with a judge’s ruling that the migrant wasn’t credible.
The court held that while a self-induced change in personal circumstances does not qualify for the changed country conditions exception, that principle does not apply when changed country circumstances, while personal to petitioner, are entirely outside her control. (Kaur v. Garland, 6/21/21) AILA Doc. No. 21062831
Obscure DHS Databases Make FOIA Impossible, Suit Says
Law360: An immigrant advocacy group wants to know more about the U.S. Department of Homeland Security’s “obscure” network of databases and how immigration agencies store their enforcement data, but alleges that the agencies are dodging its records request in violation of the Freedom of Information Act.
DOJ Issues Guidance Regarding Adjudication of Motions to Reopen in MPP Cases
DOJ issued guidance to all immigration court and BIA personnel with information regarding the adjudication of motions to reopen in Migrant Protection Protocols (MPP) cases. AILA Doc. No. 21062437
DHS announced that it will expand the pool of MPP-enrolled individuals who are eligible for processing into the United States. Beginning June 23, 2021, DHS will include MPP enrollees who had their cases terminated or were ordered removed in absentia. AILA Doc. No. 21062332
Update Regarding VSC Address Change Announcement
In response to member inquiries, AILA updated its practice alert to inform members that the new zip code for Essex Junction is correct, however, it appears that some courier services do not yet recognize the new zip code, which goes into effect on 6/25/21. AILA Doc. No. 21061642
USCIS Will Now Provide Self-Service Kiosks for BIA and EOIR Payments
USCIS announced that, as of June 2021, will allow attorneys and accredited representatives to use self-service kiosks in USCIS field offices to pay the fees for filing an appeal of a DHS officer decision to the BIA or EOIR immigration court motions. AILA Doc. No. 21062231
RESOURCES
- AILA: Conversations with Discipline Counsel Podcast Series
- AILA: Country Profile: Kenya (June 2021)
- AILA: Country Profile: Rwanda (June 2021)
- ASISTA: ICYMI – Important Policy & Practice Updates, June 2021
- CLINIC: Supreme Court Addresses Asylum Credibility in Garland v. Dai
- CLINIC: Biden Administration Announces New Prosecutorial Discretion Policy
- CLINIC: USCIS Policy Manual Updates on Naturalization and False Claims to Citizenship and Unlawful Voting
- CLINIC: Practice Advisory: Adjustment Options for TPS Beneficiaries
- CRS: Iraqi and Afghan Special Immigrant Visa Programs
- ILRC: U Visa Derivatives Age-Out Practice Advisory
- ILRC: Overview and Cost of Common Immigration Remedies for Youth
- NILA: ADJUSTMENT OF STATUS FOR TPSHOLDERSAFTERSANCHEZV.MAYORKAS
- NIP/NLG: Issue Brief: Qualified Immunity in Immigration
- NIP/NLG: Borden v. United States: Supreme Court Limits Scope of “Crimes of Violence”
- NIP/NLG: Advocating for Clients in Removal Proceedings Using the OPLA Prosecutorial Discretion Memo
EVENTS
- 6/29/21 Immigrant eligibility for public benefits
- 6/30/21 “Objection!” How to Object Effectively in Immigration Court
- 6/30/21 Immigration Update – June 2021
- 7/7/21-7/21/21 Webinar Series: Navigating Refugee and Asylee Issues
- 7/8/21-7/29/21 Webinar Series: Overview of Removal Proceedings and Orders of Removal
- 7/9/21 FOIA Requests with DHS
- 7/15/21 Using litigation to end statelessness
- 7/15/21 Build Bridges, Not Walls: A Journey to a World Without Borders
- 7/15/21 Hot Topics in Crimmigration: The Modified Categorical Approach and State Decriminalization and Reclassification Statutes
- 7/16/21 Review of Attorney General Decisions and BIA on Asylum In Effect and Practice Tips
- 7/18/21 Prosecutorial Discretion in Removal Proceedings
- 7/21/21 The ethics of dual representation (child and guardian) in SIJS practice
- 7/21/21 Ethical Considerations for Immigration Law
- 7/21/21 Webinar: Litigation Updates: Implications for Survivor Representation
- 7/22/21 PLI: Defending Immigration Removal Proceedings 2021
- 7/26/21 Understanding Parole
- 9/23/21 Representing Children in Immigration Matters 2021: Effective Advocacy and Best Practices
ImmProf
Monday, June 28, 2021
- National Association of Immigration Judges
- Supreme Court Grants Certiorari in Judicial Review/Adjustment of Status Case
- Immigration Article of the Day: Terrorism and the Inherent Right to Self-Defense in Immigration Law by Faiza W. Sayed
- Nolan Rappaport: “Border crisis deepens as governors assert control”
- Immigration and Customs Enforcement’s #Pride tweet conceals a violent history
Sunday, June 27, 2021
Saturday, June 26, 2021
- The Last Days of Immigrant Heritage Month
- Medical experts urge coordinated vaccine strategy in ICE detention
Friday, June 25, 2021
- “World’s Happiest Country” Seeks Migrants
- On border visit, Vice President Harris cites ‘progress’ in ‘tough’ situation
- Immigrant Heritage Month and a George W. Bush Presidential Center Podcast: The Story of U.S.
Thursday, June 24, 2021
- From the Bookshelves: Questions for Ada by Ijeoma Umebinyuo
- UCTV: Challenges & Opportunities in Central America’s Northern Triangle Region
- Senator Tammy Duckworth advocates for noncitizens in military
- ACLU Report: Involuntary Medical Procedures, Force-Feeding, Solitary Confinement, and Other Forms of Retaliation Against Hunger Strikers
Wednesday, June 23, 2021
- EB-5 Rule, That Increased Investment Requirements, Struck Down
- Casebook Supplement for Immigration and Nationality Law (Updated June 24)
- Black Immigrants Are Still Fighting Racism In The U.S. Immigration System
- From the “You Can’t Win” Category: “Right-Wingers Who Demanded Kamala Harris Visit the Border Are Now Mad She’s Going”
- Guest Post: Two Days at the Nogales Border by Raquel Aldana (Revised June 24)
- In Expert Defense of DACA
Tuesday, June 22, 2021
- Your Playlist: MF DOOM
- Denied MPP Asylum Applicants to Get a Second Chance
- The dip in the US birthrate isn’t a crisis, but the fall in immigration may be
- Supreme Court dismisses moot ‘Remain in Mexico’ case
Monday, June 21, 2021
- Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada
- President Biden’s program for migrant children doesn’t go far enough
- President Biden Will Use Border Wall Funding for Safety and Environmental Protections
- Lady Liberty’s “Little Sister,” on its Way to the U.S. from France
- Ending, not extending, the rocket docket in immigration court
- Immigration Article of the Day: Migrant Protection Protocols and the Death of Asylum by Austin Kocher
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Thanks for keeping us up to date, Elizabeth!
🇺🇸Due Process Forever!
PWS
07-01-21