Tag: Gibson Report 06-29-20

 

COVID-19

Note: Policies are rapidly changing, so please verify the latest policies on the relevant government websites and with colleagues on listservs as best you can.

 

New

• Opening dates for some non-detained courts: Hearings in non-detained cases at courts without an announced date, including the New York City non-detained courts, are postponed through, and including, July 17, 2020. Check EOIR site for which courts have announced reopening dates. See also Not So Fast: Dems Ask EOIR To Prove It’s Ready For Hearings.
• 290 Broadway Court Standing Order: Telephonic merits hearing at 290 Broadway default to a 30-day call-up.
• USCIS Signature Guidance: For forms that require an original “wet” signature, per form instructions, USCIS will accept electronically reproduced original signatures for the duration of the National Emergency. This temporary change only applies to signatures.
• USCIS Reopening

• Newark Asylum Office Remains Closed due to unresolved facility issues unrelated to COVID-19

 

Closures

• EOIR Operational Status & Standing Orders
• EOIR Case Status
• ICE Updates (Including ERO and Detention)
• USCIS Updates
• Consular Updates
• NY Courts Updates

 

Guidance:

• IJ Email Filings
• BIA Email Filings
• EOIR Standing Orders
• EOIR Electronic Signature Guidance
• EOIR Update Regarding EOIR Practices Related to the COVID-19 Outbreak
• USCIS Announces Flexibility for Requests for Evidence, Notices of Intent to Deny

 

TOP NEWS

 

DHS Suggests Asylum Seekers Should Get Used to ‘Homelessness’ After Stripping Work Permits

AIC: The new rule, which goes into effect on August 25, 2020, would block work permits for almost all asylum applicants who arrive at the U.S.-Mexico border. It bans work permits for anyone who crosses the border between ports of entry to seek asylum.

 

More than 13,000 federal workers face a possible furlough of 30 days or longer

WaPo: Three-fourths of the U.S. Citizenship and Immigration Services workforce — more than 13,000 employees — could be told as soon as Wednesday that they face extended furloughs starting Aug. 3 that would cut off their salaries and severely curtail the agency’s work, the union representing the employees has said.

 

Immigration Court Fee Hikes Sent To White House For Review

Law360: The U.S. Department of Justice will soon hike fees on immigration court filings following opposition from advocacy organizations and attorneys who claimed the fee increases, which could surpass 700%, will undermine due process for low-income immigrants.

 

Trump Suspends Visas Allowing Hundreds of Thousands of Foreigners to Work in the U.S.

NYT: The move is fiercely opposed by business leaders, who say it will block their ability to recruit critically needed workers from countries overseas.

 

As Pandemic Keeps Borders Shut, Closed Consulates Are Biggest Barrier for Many

WSJ: Couples are separated, workers and students remain stuck outside the U.S. as coronavirus shutdown extends into third month.

 

Trump’s Judicial Picks to Sway Immigration Law for Years

Law360: President Donald Trump’s 200th confirmation to the federal courts builds on a transformation of the judiciary that could rattle the U.S. immigration system for years to come, especially if Trump wins reelection.

 

ICE and CBP Agents Were Deployed at Black Lives Matter Protests

AIC: According to a leaked internal government document, the Department of Homeland Security (DHS) deployed more than 700 personnel in the Washington, D.C. area alone.

 

COVID measures have made immigrant detentions longer and more isolated

Denverite: Some attorneys are working remotely to defend clients they’ve never met in person, others are delaying cases until they might feel comfortable returning to court in person.

 

Trump moving fast to shore up immigration campaign promises

Washington Examiner: The Trump campaign is highlighting the president’s immigration record under the banner of “Promises Made, Promises Kept,” citing an 84% reduction in apprehensions along the southern border.

 

San Diegans become American citizens during drive-thru naturalization ceremony

Union-Trib: More than 150 people from 42 countries were naturalized in an unusual drive-thru ceremony Wednesday morning held by the U.S. Citizenship and Immigration Services agency.

 

City Funding for Undocumented Immigrants is Shrouded in Secrecy

DocumentedNY: Still no official information on how to apply, who qualifies or which organizations are giving out funds.

 

Indonesian villagers defy Covid-19 warnings to rescue Rohingya refugees

Guardian: Residents repeatedly urged the authorities to do something, but they were told the group could not be brought to shore because to do so would risk spreading coronavirus. Worried that people’s lives were in immediate danger, they took matters into their own hands and sailed out with ropes to tether the boat to safety.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Immigration Decisions in the Supreme Court 2019 Term, Upcoming Cases in the 2020 Term

ImmProf: Immigration proved to comprise a significant part of the U.S. Supreme Court’s docket for the 2019 Term.  Eight decisions directly or indirectly address immigration issues… At least for now, there do not appear to be any major cases on the Court’s docket for the 2020 Term.

 

SCOTUS confirms limitations on federal review for asylum seekers

SCOTUSblog: In a 7-2 decision, the Supreme Court in Department of Homeland Security v. Thuraissigiam upheld a scheme of limited and narrow judicial review over expedited removal, a bare-bones administrative process created under the 1996 Illegal Immigration Reform and Immigrant Responsibility Act.

 

Appeals court allows Trump’s expansion of fast-track deportation

RollCall: The three-judge panel of the U.S. Court of Appeals for the D.C. Circuit ruled that the Department of Homeland Security did not have to go through federal rule-making procedures before making the change in July 2019.

 

Federal judge blocks removal of Honduran boy caught in coronavirus-related border restrictions

CNN: A federal judge temporarily blocked the Trump administration from removing a 16-year-old Honduran boy from the United States who was at risk of being expelled as a result of new border restrictions relating to coronavirus.

 

Government must release migrant children in detention centers because of coronavirus, judge orders

NBC: Children held more than 20 days at certain facilities should be released by July 17, Judge Dolly Gee said.

 

U.S. Magistrate Judge Finds Petitioner’s Membership in the CCP Fell Within “Meaningful Association” Exception

A federal judge concluded that the petitioner established a preponderance of evidence that she had no meaningful association with the China Communist Party (CCP), and thus she was not ineligible for naturalization under INA §313. Courtesy of Baolin Chen. (Crosby v. Miller, et al., 2/3/20) AILA Doc. No. 20062905

 

District Court Finds Child Born in Canada to Same-Sex Couple Is a U.S. Citizen

The U.S. District Court for the District of Maryland held that DOS erred in concluding that a child born in Canada to same-sex, naturalized U.S. citizens via assisted reproductive technology and surrogacy was born out of wedlock under INA §309. (Kiviti, et al., v. Pompeo, et al., 6/17/20) AILA Doc. No. 20062233

 

CA2 Remands Asylum Claim to Consider Petitioners’ Evidence of Changed Country Conditions in Indonesia

The court held that the BIA’s denial of the petitioners’ motion to reopen failed to account for relevant evidence of changed country conditions for Christians in Indonesia, and that 8 CFR §1003.2(c)(1) did not require them to submit a new asylum application. (Tanusantoso v. Barr, 6/23/20) AILA Doc. No. 20062536

 

CA7 Upholds Denial of Asylum to Argentinian Petitioner Who Alleged Persecution Based on His Family Membership

The court held that the record supported the BIA’s conclusion that petitioner had not presented a case warranting relief because of a credible fear of persecution or torture, and that the BIA had correctly determined that a waiver signed upon his entry was valid. (Ferreyra v. Barr, 6/16/20) AILA D

 

CA8 Says Conviction in Minnesota for Obstruction of Legal Process Is Not Categorically a CIMT

The court held that the BIA erred in finding that the petitioner’s conviction in Minnesota for obstruction of legal process was categorically a crime involving moral turpitude (CIMT), and thus granted the petition for review and vacated the BIA’s order of removal. (Ortiz v. Barr, 6/23/20) AILA Doc. No. 20062537

 

CA9 Finds “Wealthy Landowners” in Colombia Is Not a PSG

Denying the petition for review, the court held that the BIA had properly concluded that the petitioner’s proposed particular social group (PSG) of wealthy landowners in Colombia was not cognizable, because it lacked particularity and social distinction. (Cordoba v. Barr, 6/16/20) AILA Doc. No. 20062539

 

BIA Holds Georgia Domestic Violence Statute Not a CIMT

Unpublished BIA decision holds that simple battery family violence under Ga. Code Ann. 16-5-23(f) is not a CIMT. Special thanks to IRAC. (Matter of Cooke, 3/5/20) AILA Doc. No. 20062402

 

BIA Holds Ninth Circuit TPS Decision Constitutes Fundamental Change in Law

Unpublished BIA decision holds Ramirez v. Brown, 852 F.3d 954 (9th Cir. 2017), which held that TPS holders are deemed admitted for adjustment purposes, as a fundamental change in law sufficient to warrant reopening sua sponte. Special thanks to IRAC. (Matter of Acevedo, 3/2/20) AILA Doc. No. 20062401

 

BIA Finds Failure to Challenge Removability Constituted Ineffective Assistance of Counsel

Unpublished BIA decision finds that respondent’s prior attorney provided ineffective assistance of counsel by failing to argue that indecent exposure under Iowa Code 709.9 was not a CIMT. Special thanks to IRAC. (Matter of Kahn, 2/28/20) AILA Doc. No. 20062303

 

BIA Holds Pennsylvania Statute Not an Aggravated Felony or Firearms Offense

Unpublished BIA decision holds that possession of a firearm under 18 Pa. Const. Stat. 6105(a)(1) is neither an aggravated felony nor firearms offense because the state definition encompasses some antique firearms. Special thanks to IRAC. (Matter of Engelund, 2/27/20) AILA Doc. No. 20062302

 

USCIS Final Rule on Employment Authorization for Asylum Applicants

USCIS final rule making multiple changes to the regulations governing asylum applications and eligibility for employment authorization based on a pending asylum application. The rule is effective 8/25/20. (85 FR 38532, 6/26/20) AILA Doc. No. 20062236

 

Presidential Proclamation Suspending Entry of Individuals Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak

On 6/22/20, President Trump issued a proclamation continuing Proclamation 10014 and suspending and limiting the entry, with exceptions, of individuals seeking entry on an H-1B, H-2B, J, or L visa, including individuals accompanying or following to join people on these visas. (85 FR 38263, 6/25/20) AILA Doc. No. 20062237

 

DOS Final Rule Removing Defunct Visa Classification for Women Expatriates

DOS final rule removing from the regulations a provision relating to a defunct immigrant visa classification for women who lost U.S. citizenship as a result of marrying a foreign national prior to September 22, 1922. The rule is effective 6/26/20. (85 FR 38321, 6/26/20) AILA Doc. No. 20062600

 

USCIS 60-Day Notice and Request for Comments on Proposed Revisions to Form I-485

USCIS 60-day notice and request for comments on proposed revisions to Form I-485, Application to Register Permanent Residence or Adjust Status, and related forms. Comments are due 8/24/20. (85 FR 38151, 6/25/20) AILA Doc. No. 20062535

 

Texas Service Center Moving to New Address on June 26, 2020

On June 23, USCIS announced that on June 26, 2020, the Texas Service Center (TSC) will move to a new address. Although the move is scheduled for June 26, USCIS cannot accept mail at the new address until Monday, June 29. AILA Doc. No. 20062330

 

RESOURCES

 

• Summary of EAD Changes in English and Spanish
• Practice Advisory: Avoiding the Stop-Time Rule after Barton v. Barr
• Flow Chart on Penalties for Crimes Involving Moral Turpitude
• Proving Medical and Psychological Hardship for Non-LPR Cancellation of Removal
• Jails Are Worsening the COVID-19 Pandemic by Transferring People to ICE
• New York City Chapter: CBP Liaison Meeting Minutes (6/1/20)
• DHS OIG Releases Report on Early Experiences with COVID-19 at ICE Detention Facilities

 

EVENTS

 

Note: Check with organizers regarding cancellations/changes

• 6/29/20 Climate Change and Migration: Converging issues, diverging funding
• 7/7/20 Winning Withholding of Removal and Convention Against Torture Cases
• 7/15/20 Understanding Motions to Reopen Based on Changed Country Conditions
• 7/16/20-7/30/20 Webinar Series: Navigating Refugee and Asylee Issues in Turbulent Times
• 7/20/20 2020 AILA Virtual Annual Conference on Immigration Law
• 7/20-30/20 NYIC Immigration Court Practice
• 7/22/20 Tax Issues in Immigration Cases
• 7/23/20 Defending Immigration Removal Proceedings 2020
• 7/30/20 How to File a Successful Travel Ban Waiver
• 8/5/20 Unraveling Aggravated Felonies and Crimes Involving Moral Turpitude
• 8/18/20 Strategies for I-601 Waivers in Adjustment of Status Cases
• 8/26/20 Immigration Legal Services in Rural America
• 8/27/20 Crafting a Winning Particular Social Group for an Asylum Case
• 9/14/20 Working with Domestic Violence Immigrant Survivors: The Intersection of Basic Family Law, Immigration, Benefits, and Housing Issues in California 2020
• 9/22/20 Defenses to Denaturalization
• 9/23/20-10/7/20 3-Part Webinar Series: Integrating Technology to Improve Your Immigration Legal Services
• 10/1/20 Representing Children in Immigration Matters 2020: Effective Advocacy and Best Practices

 

ImmProf

 

Monday, June 29, 2020

• Call For Papers–AALS 2021, New Voices in Immigration Law
• Call For Papers–AALS 2021, Outsourced Borders and Invisible Walls
• Nuanced portraits of Asian, Latinx racial dynamics amid COVID-19 and BLM
• How universities can expand support for DACA recipients amid COVID-19 cutbacks
• Immigration Article of the Day: The First Anti-Sanctuary Law: Proposition 187 and the Transformation of Immigration Enforcement by Rick Su

Sunday, June 28, 2020

• COVID-Related Consular Closures Affect Many
• U.S.Immigration Officers Were Deployed at Black Lives Matter Protests
• Ilya Somin: The Danger of America’s Coronavirus Immigration Bans
• Judge Orders ICE to Free Detained Immigrant Children Because of COVID-19
• Immigration Article of the Day: Connecting Past and Present: Central America’s Forced Migration as an Unfinished Project of Building Just Nations Post-Colonization and Post-Conflict by Raquel E. Aldana, Mario Mancilla, & Luis Mogollón

Friday, June 26, 2020

• Curating Social Media
• Immigration Article of the Day: Patriotism, Rebuffed by Cathi Choi

Thursday, June 25, 2020

• Lingering Ghosts by Sam Ivin
• Immigration Decisions in the Supreme Court 2019 Term, Upcoming Cases in the 2020 Term
• Breaking News: Supreme Court Rejects Challenge to Expedited Removal
• A Sign of the Times: A drive-thru naturalization ceremony
• Immigration agency announces furlough of nearly 70 percent of its workforce
• Immigration Article of the Day: A Look Back at the Warren Court’s Due Process Revolution Through the Lens of Immigrants by Raquel E. Aldana & Thomas O’Donnell

Wednesday, June 24, 2020

• Goal Click Refugees
• Julia Preston, The True Costs of Deportation
• What’s next after DHS v. UC Regents? The political, the legal, and the practical questions
• DC Circuit Green Lights Trump Expedited Removal Plan
• The Revolt of the (Immigration) Judges

Tuesday, June 23, 2020

• Immigration Article of the Day: Appellate Exceptionalism? by R. Parker Sheffy & Geoffrey A. Hoffman

Monday, June 22, 2020

• USCIS Rule Strengthens Employment Eligibility Requirements (i.e. Restricts Work Authorization) for Asylum Seekers

• The Empire Strikes Back: Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak

• Urban Institute: One in Five Adults in Immigrant Families with Children Reported Chilling Effects on Public Benefit Receipt in 2019

• U.S. Immigration Crackdowns Not Unusual During Times Of Crisis

• DACA in Three Acts: Genesis, Impacts, Future

• Immigration Article of the Day: Banished and Overcriminalized: Critical Race Perspectives of Illegal Entry and Drug Courier Prosecutions by Walter Goncalves

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

Thanks, Elizabeth, for chronicling the cruelty, stupidity, illegality, immorality, and “malicious incompetence” of  America’s White Nationalist regime. The real question: How have we as Americans and human beings allowed this outrage to happen on “our watch?”

PWS

06-30-20