Here’s a copy of the brief prepared by Michael P. Doss, Esquire, of Sidley & Austin, Chicago IL:
Filed stamped copy of amicus brief
HERE’S THE INTRODUCTION SETTING FORTH “THE PLAYERS:”
IDENTITY AND INTEREST OF AMICI CURIAE
Amici have served in the U.S. Department of Justice and senior positions in the federal agencies charged with enforcement of U.S. immigration laws, and in those capacities have played substantial roles in the development, implementation, and adjudication of federal immigration policy and laws. Amici thus have an interest in this case, and in the just and efficient operation of the U.S. immigration enforcement system.
Mónica Ramírez Almadani served in the U.S. Department of Justice as Counsel to the Assistant Attorney General for the Civil Rights Division from 2009 to 2012, and as Deputy Chief of Staff and Senior Counsel to the Deputy Attorney General from 2011 to 2012, during which time she, among other things, advised on immigration
1 Amici submit this brief pursuant to Federal Rule of Appellate Procedure 29(a)(2). The parties have consented to the filing of this brief. Amici further state, pursuant to Federal Rule of Appellate Procedure 29(a)(4)(E), that no counsel for a party authored this brief in whole or in part, and no person other than the amicus curiae or their counsel made a monetary contribution intended to fund the preparation or submission of this brief.
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policy and litigation and worked closely with the Executive Office of Immigration Review.
Seth Grossman served as Chief of Staff to the General Counsel of the U.S. Department of Homeland Security (“DHS”) from 2010 to 2011, as Deputy General Counsel of DHS from 2011 to 2013, and as Counselor to the Secretary of Homeland Security in 2013.
Stephen Legomsky served as Chief Counsel of U.S. Citizenship and Immigration Services from 2011 to 2013, and as Senior Counselor to the Secretary of Homeland Security in 2015.
Leon Rodriguez served as Director of U.S. Citizenship and Immigration Services from 2013 to 2017.
John Sandweg served as the Acting Director of U.S. Immigration and Customs Enforcement (“ICE”) in 2013 and 2014, and as the Acting General Counsel of DHS from 2012 to 2013.
Paul Wickham Schmidt served as an Immigration Judge for the U.S. Immigration Court from May 2003 until his retirement from the bench in June 2016. Before his Immigration Judge appointment, Judge Schmidt served as a Board Member and Board Chairman for the Board
of Immigration Appeals, Executive Office for Immigration Review, from 2
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1995 until 2003. Judge Schmidt also served as acting General Counsel of the former Immigration and Naturalization Service (INS) from 1979 to 1981 and again from 1986 to 1987, and as the Deputy General Counsel of INS from 1978 to 1987.
As former leaders of the nation’s primary immigration agencies and the U.S. Department of Justice, and a former longtime Immigration Judge, amici are familiar with the operation of the United States immigration enforcement system. Amici support the district court’s preliminary injunction order and urge this Court to affirm that decision. Amici focus here on two issues before this Court: (i) first, whether the “motion to reopen” process currently available before our immigration courts provides Petitioners with an “adequate and effective” substitute for habeas relief; and (ii) second, whether the public interest is served by briefly staying enforcement of removal orders regarding these Iraqi nationals so that the immigration courts have a fair opportunity to review their claims.
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Based on our experience helping to lead the federal agencies charged with enforcement of U.S. immigration laws, we are compelled to conclude that the district court reached the correct conclusion on both these issues. In particular, without the “breathing room” provided by the district court’s temporary stay of removal, our overburdened immigration courts are unable to provide an adequate and effective remedy for Petitioners having valid claims for protection from removal due to the likelihood they face persecution or torture on return to Iraq. In addition, given the clearly established changed circumstances in Iraq, which show that the Petitioners would have an objective well- founded fear of persecution if forced to return, the district court’s order furthers the public interest by affording aliens threatened with persecution on removal to Iraq a meaningful opportunity to have these claims heard. The some-1,400 Iraqi nationals impacted by the district court’s order represent a drop in the bucket compared to those subject to removal each year by immigration authorities, and a temporary stay of their removal to allow immigration courts time to assess their claims will not undermine the United States’ immigration enforcement system.
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AND, HERE’S AN OUTLINE OF THE ARGUMENT:
ARGUMENT ……………………………………………………………………………….. 5
I. The District Court Was Correct In Finding That, Under Current Circumstances, The Immigration Courts Do Not Provide Petitioners with Adequate and Effective Alternatives To Habeas Relief…………………….5
A. The Immigration Courts System ……………………….. 5
B. Our Immigration Courts Are Overburdened and Underfunded………………………………………………………. 6
C. Emergency Stay Motions before Our Immigration Courts Do Not Currently Offer Petitioners an Adequate and Effective Alternative Remedy …..10
II. Allowing Petitioners Time to Obtain Review of Their Motions To Reopen Is In the Public Interest and Will Not Unreasonably Interfere with Immigration Enforcement ……………………………………………………………..15
A. The United States has a Strong Interest In Protecting from Removal Those Petitioners Who Will Face Persecution or Torture in Iraq…………15
B. The District Court’s Order Will Not Interfere With the United States’ Immigration Enforcement Scheme………………………………………..18
CONCLUSION…………………………………………………………………………… 21
CERTIFICATE OF COMPLIANCE…………………………………………….23
CERTIFICATE OF SERVICE…………………………………………………….24
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Many thanks to my “Fellow Amici” and to Michael Doss & his team at Sidley & Austin for a “Super Outstanding Job!” May Due Process prevail!!!!
PWS
02-14-18