Managing Attorney
National Immigrant Justice Center
Publisher of “The Gibson Report”
Weekly Briefing
This briefing is designed as a quick-reference aggregation of developments in immigration law, practice, and policy that you can scan for anything you missed over the last week. The contents of the news, links, and events do not necessarily reflect the position of the National Immigrant Justice Center. If you have items that you would like considered for inclusion, please email them to egibson@heartlandalliance.org.
CONTENTS (jump to section)
PRACTICE UPDATES
EOIR Practice Manual & BIA Practice Manual
EOIR: In response to comments from the public, EOIR is once again making the Board and Immigration Court Practice Manuals available as downloadable PDF documents. [Also, the BIA Practice Manual now lists the BIA brief page limit at 50 pages.]
Penn State Law: DACA Final Rule: What You Need to Know
NEWS
Biden administration moves to make DACA harder to challenge in court
NPR: NPR’s A Martinez talks to Homeland Security Secretary Alejandro Mayorkas about the Deferred Action for Childhood Arrivals (DACA) program which is now in the federal government’s code of regulations.
She’s at Brown. Her Heart’s Still in Kabul.
NYT: In their first year at U.S. universities, women who escaped the Taliban are struggling to adjust — and to reckon with what they left behind. See also One year on, Afghan refugees find shelter but little security in US.
Visa rules in Mexico don’t stop Venezuelans headed to US
AP: In 2021, when Venezuelans could still fly to Cancun or Mexico City as tourists, only 3,000 of them crossed the Darien Gap — a literal gap in the Pan-American Highway that stretches along 60 miles (97 kilometers) of mountains, rainforest and rivers. So far this year, there have been 45,000, according to Panama’s National Immigration Service.
A ‘radical shift’ at the border is making things tougher for Biden
CNN: Back in 2007, the number of migrants in this “other” category was negligible. But since then, it’s grown dramatically — 11,000% — with the sharpest increase in just the past two years.
New Mexico won’t deny law licenses over immigration status
AP: Announced Monday, the rule change from the New Mexico Supreme Court is scheduled to take effect Oct. 1. Several states already have provisions that disregard residency or immigration status in licensure decisions.
Buzzfeed: ORR is working on an updated policy, and advocates have heard that the agency was already transferring minors to other states if they need access to abortion services, Amiri said. But nothing official has been released.
LITIGATION & AGENCY UPDATES
1st Circ. Says BIA Didn’t Explain Seriousness Of Weed Crime
Law360: The First Circuit has told the Board of Immigration Appeals to have another look at a Haitian man’s asylum request, saying the board did not adequately explain why his marijuana offenses made him ineligible for asylum.
3rd Circ. Says Pa. Stalking Conviction Isn’t Deportable
Law360: The Third Circuit ruled that U.S. Department of Homeland Security couldn’t deport an Indian immigrant over a stalking conviction, saying the man was convicted under an overbroad Pennsylvania law that criminalized misconduct that doesn’t warrant deportation.
CA4: IJ Milo Bryant Violated Respondent’s Due Process Rights; Illegal Reentry Indictment Dismissed
LexisNexis: During that hearing, the immigration judge neglected to advise Fernandez Sanchez about his eligibility for voluntary departure or inform him of his right to appeal. Then, in his written summary order, the immigration judge indicated that Fernandez Sanchez had waived his right to appeal—even though this was never discussed during the hearing…Ultimately, we agree with Fernandez Sanchez that there is a reasonable probability that, but for the denial of his appeal rights, he would not have been deported.
Allies Tell DC Circ. Green Card Delays Threaten Safety
Law360: Afghan and Iraqi allies suing the federal government over delays with their green card applications told the D.C. Circuit that a lower court’s refusal to impose a deadline to address the delays endangers their lives given the deteriorating security conditions in their homelands.
Blogger Cops To Assisting Attys’ Alleged Immigration Scam
Law360: A New York City blogger told a Manhattan federal judge Wednesday that he assisted two lawyers in creating fraudulent asylum applications to submit to U.S. immigration authorities, pleading guilty to a conspiracy count.
GEO Group Hit With Investor Suit Over Forced Labor Claims
Law360: An investor of The GEO Group has lodged a derivative suit against higher-ups of the private prison operator, saying their disclosures about GEO’s financial prospects didn’t match internal financial concerns stemming from lawsuits alleging forced labor by immigrant detainees.
DHS Issues Regulation to Preserve and Fortify DACA
DHS: Homeland Security Secretary Alejandro N. Mayorkas today announced that the Department has issued a final rule that will preserve and fortify the Deferred Action for Childhood Arrivals (DACA) policy for certain eligible noncitizens who arrived in the United States as children, deferring their removal and allowing them an opportunity to access a renewable, two-year work permit.
EOIR 60-Day Notice and Request for Comments on Proposed Revisions to Forms EOIR-42A and EOIR-42B
AILA: EOIR 60-day notice and request for comments on proposed revisions to Form EOIR-42A, Application for Cancellation of Removal for Certain Permanent Residents, and Form EOIR-42B, Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents.
DOJ 60-Day Notice and Request for Comments on Proposed Revisions to EOIR-44
AILA: DOJ 60-day notice and request for comments on proposed revisions to Form EOIR-44, Immigration Practitioner Complaint Form. Comments are due 10/24/22.
RESOURCES
- AILA: Practice Alert: Long-Pending Joint or Unopposed Motions at the BIA
- AILA: Practice Pointer: Updated ICE Policy on Interests of Noncitizen Parents and Legal Guardians of Minor Children or Incapacitated Adults
- AILA: Practice Alert: Update on Missing and Delayed RFEs
- CLINIC: DHS Issues Final DACA Regulations
- CLINIC: Supreme Court Holds that Biden Administration’s Termination of the Migrant Protection Protocols Did Not Violate the Immigration and Nationality Act Authors
- CLINIC: The Permanent Bar Applies Retroactively. Really?
- IRAP: Extensive collection of documents related to the U.S. Refugee Admissions Program Obtained through FOIA
- Penn State Law: DACA Final Rule: What You Need to Know
- TRAC: ICE Detention Numbers At Standstill Across the Board
EVENTS
- 8/29/22 Inside the U.S. Immigration System: USCIS Director Ur M. Jaddou in Conversation with Professor Ahilan Arulanantham
- 8/30/22 Naturalization During the Pandemic: “It Was the Best of Times, It Was the Worst of Times”
- 8/31/22 What to Do When You Get a Decision from the Ninth Circuit
- 8/31/22 Building Your Pro Bono Program
- 9/1/22 For Immigration Practitioners: Understanding Referrals & Resources for Low-Income Clients
- 9/1/22 National Engagement on Operation Allies Welcome and Ongoing Support of Afghan Nationals
- 9/7/22 Understanding FOIAs with DHS
- 9/7/22 Mediating Immigration Petitions for Review in the Seventh Circuit
- 9/8/22-9/29/22 Webinar Series: Dealing With Denials
- 9/8/22-9/9/22 ABA Bench & Bar Academy: Your Best Trial Practice
- 9/8/22 Post-Conviction Relief: “If I Could Turn Back Time!”
- 9/8/22 Trial Advocacy Skills – Working with Expert Witnesses in Asylum, Withholding of Removal, and Convention Against Torture Claims
- 9/8/22 USCIS Engagement: Cameroon Temporary Protected Status Designation
- 9/9/22 Understanding the Regulatory Practice
- 9/13/22 PLI: Representing Children in Immigration Matters 2022: Effective Advocacy and Best Practices
- 9/14/22 Representing U Visa Clients with Complex Issue
- 9/14/22 Partial to Full Accreditation Initiative 2022
- 9/15/22 Monthly NIPNLG Removal Defense Webinar: Credibility and Impeachment
- 9/15/22 Advanced Mandamus Trends
- 9/20/22 Nonprofit and For-Profit Entity Intersection 2022: Achieving Charitable Goals Through Innovative and Nontraditional Mechanisms
- 9/21/22 Breaking Down the Record in a Ninth Circuit Petition for Review
- 9/21/22-9/22/22 Refresher and Practice Tips: Legal Remedies for Immigrant Survivors
- 9/22/22 Maximizing Second Chances: Filing Appeals, Motions, and Practicing before the BIA
- 9/28/22 AILA: Microsoft Word Tricks That Will Change Your Life
- 9/29/22 Consular Processing Roundup for Families and Survivors
- 10/1/22-10/8/22 Spanish for Lawyers in Allende, Mexico
- 10/07/22-10/28/22 Understanding and Preparing Waivers
- 10/12/22 Prosecutorial Discretion Updates
- 10/12/22-10/13/22 NLG: Immigration Defense Strategies
- 10/18/22 VAWA Updates – USCIS Policy Changes and Practice Tips
- 10/19/22 U Visa: I-929 Process & Issues
- 10/20/22 Understanding Unlawful Presence and I-601/I-601A
- 10/27/22 2022 Convening On Advancing Universal Representation
- 10/29/22 4th Annual NIJC 5k for Immigrant Justice
- 11/2/22 TPS Updates
- 11/3/22 Drugs and Naturalization
- 11/8/22 SIJS-based Adjustment of Status with Delinquency or Crimes
- 11/16/22 Introduction to Conditional Permanent Residence and Filing the I-751
- 11/29/22 Building an Asylum Claim
- 12/6/22 Emerging Strategies for Prolonged Detention
- 12/7/22 Parole in Immigration
- 12/13/22 The Effects of Absences on Naturalization
- 12/14/22 Hot Topics in Asylum Law
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Elizabeth Gibson (Pronouns: she/her/ella)
Managing Attorney for Capacity Building and Mentorship
National Immigrant Justice Center
A HEARTLAND ALLIANCE Program
224 S. Michigan Ave., Suite 600, Chicago, IL 60604
T: (312) 660-1688| F: (312) 660-1688| E: egibson@heartlandalliance.org
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Thanks, Elizabeth!
As usual, this is a good rundown of some of the continuing problems that Garland’s EOIR is having in the Federal Courts, including a few items previously reported on Courtside.
🇺🇸 Due Process Forever!
PWS
08-30-22