Tag: Judge Mark Goldsmith

HAPPY THANKSGIVING! – TRUMP SCOFFLAWS OUTED AGAIN! – Judge Considers Sanctions Against Administration Officials & Their Lawyers For Lies, Disobeying Court Orders, & Continuous Course Of Unethical Behavior! — “Government Has Acted Ignobly In This Case” — Trumpsters Win “Courtside’s” Coveted Five Turkey Award!

http://www.aclumich.org/article/us-district-court-orders-release-iraqi-detainees

The ACLU reports:

The American Civil Liberties Union (ACLU) of Michigan applauds the decision of U.S. District Judge Mark A. Goldsmith to order the U.S. Immigration and Customs Enforcement (ICE) to release all Iraqis within 30 days.

“The law is clear that the Federal Government cannot indefinitely detain foreign nationals while it seeks to repatriate them, when there is no significant likelihood of repatriation in the reasonably foreseeable future,” wrote Judge Goldsmith in a 59-page opinion.

Judge Goldsmith also wrote that he will impose sanctions on the Government for “…failing to comply with court orders, submitting demonstrably false declarations of Government officials, and otherwise violating its litigation obligations—all of which impels this Court to impose sanctions.”

“Today’s decision is about accountability,” said ACLU senior staff attorney Miriam Aukerman. “ICE thought it could get away with lying to a federal judge. ICE thought it could get away with using indefinite detention to coerce Iraqis to accept deportation despite the dangers they face in Iraq. Today, Judge Goldsmith made it clear that ICE is not above the law.”

“It is appalling that ICE lied to the Court, and even more appalling that it did so in order to keep people wrongfully incarcerated,” said University of Michigan law professor Margo Schlanger, a cooperating attorney for the ACLU. “The Court made it absolutely clear that it will not tolerate such misconduct, and that ICE cannot simply lock people up and throw away the key.”

“We are delighted that families who have been separated for so long will finally be reunited,” said Kim Scott, an attorney at Miller Canfield who also represents the detainees. “As a result of today’s order, many of those who were unjustly detained will be home with their families for the holidays.”

Today’s ruling is the latest development in Hamama v. Adducci, a nationwide class action filed in June 2017 on behalf of hundreds of Iraqi nationals, who were arrested throughout the country without warning and threatened with immediate deportation. Many came to the U.S. as children and have lived and worked in the U.S. for decades. They now face persecution, torture, or even death in Iraq because of their religion, ethnicity, or the fact that they are Americanized. Approximately 120 Iraqis remain detained.

Read Judge Goldsmith’s order here.

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Thanks to Dan Kowalski over at LexisNexis Immigration Community for passing this along. And, congrats to the ACLU for brightening the Thanksgiving Day of not only these long-abused Iraqi detainees, but also of the substantial number of us who still believe in and cherish real American values — even in the “Dark Ages” of  the Trump Administration!

Great news, and long, long overdue!  Many of us have been calling for some time now for full accountability for Trump officials and their often ethically challenged lawyers who are out to abuse and destroy our precious legal system. There was a time in the not too distant past when U.S.Government lawyers were supposed to be held to a higher standard of promoting fairness, justice, and judicial efficiency. As I used to tell newly hired INS lawyers — “The Government wins when justice prevails — regardless of which party ‘wins’ the case.” That went out the door when Trump and his corrupt cronies like Jeff Sessions stepped in.

Federal Judges finally are losing patience with the types of blatant, “in your face” abuses by the Trump Administration that undoubtedly would have landed private parties and counsel in hot water long ago.  Where’s the justice in a system that imprisons, deports, and otherwise abuses victims while letting the abusers walk free to strike again?

“[T]he Government has acted ignobly in this case, by failing to comply with court orders, submitting demonstrably false declarations of  Government officials, and otherwise violating its litigation obligations—all of which impels this Court to impose sanctions.”  — U.S. District Judge Mark A. Goldsmith

For their shockingly inappropriate and unethical conduct of and in Federal Court litigation, the Trump Administration officials involved in this and many similar abusive cases get “Courtside’s” Thanksgiving “Five Turkey Award.”

 

PWS

11-22-18

🦃🦃🦃🦃🦃

 

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U.S. District Judge Mark Goldsmith Halts Iraqi Removals

http://www.latimes.com/nation/la-na-iraqi-deportations-20170724-story.html

Melissa Etehad reports in the LA Times:

“A federal judge in Detroit has temporarily halted the deportations of more than 1,400 Iraqi immigrants, ruling that they deserve to have their cases play out in court because of the risk that they could be targeted for persecution in Iraq.

In a ruling Monday, U.S. District Judge Mark Goldsmith said the immigrants faced a “compelling confluence of extraordinary circumstances” and that the government’s attempt to rush their deportations was a violation of their rights.

Many of the Iraqis arrived in the U.S. as children as far back as the 1980s and have few ties to their native country. The majority are members of religious or ethnic minorities such as Chaldean Christians or Kurds, who have been subjected to torture and other forms of repression in Iraq.

They face deportation because they had overstayed visas or committed crimes, typically misdemeanors such as driving under the influence of alcohol.

They had been allowed to stay in the U.S. because for decades Iraq had refused to take them back. But in March, the Trump administration reached a deal with the Iraqi government to accept them and in June began rounding them up in immigration raids.

As of July 1, 234 had been arrested and detained around the country, including large numbers in Detroit, home to thousands of Chaldean Christians.

Returning the immigrants to Iraq would in some cases be akin to issuing a death sentence, according to civil rights and immigrant rights groups that filed a lawsuit in Detroit federal court in late June to block deportations of those immigrants who had been living in Detroit.

Many had been transferred multiple times to various detention facilities, making it harder for them to get legal representation and prepare their cases, advocates said.”

Here is a full copy of Judge Goldsmith’s opinion in Hamama v. Adducci detailing the Government’s efforts to obstruct and derail due process:

https://www.aclu.org/sites/default/files/field_document/opinion_granting_pi.pdf

 

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Another defeat for the Trump Administration’s gonzo enforcement agenda.

PWS

07-25-17

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ANOTHER SETBACK FOR TRUMP ADMINISTRATION AS U.S. JUDGE IN DETROIT BLOCKS IRAQI DEPORTATIONS!

https://patch.com/michigan/detroit/u-s-iraqi-deportation-hold-until-court-review-detroit-judge

AP reports:

“DETROIT, MI — A federal judge Tuesday halted the deportation of 1,400 Iraqi nationals, including many Christians fearing persecution, while courts review the orders to remove them from the U.S. Judge Mark Goldsmith issued a 24-page opinion asserting jurisdiction in the case over the objection of the Justice Department, which argued U.S. district judges do not have jurisdiction.

“This Court concludes that to enforce the Congressional mandate that district courts lack jurisdiction — despite the compelling context of this case — would expose Petitioners to the substantiated risk of death, torture, or other grave persecution before their legal claims can be tested in a court,” Goldsmith wrote in a 24-page opinion.

Goldsmith earlier blocked the deportations while he considered whether he had jurisdiction over the case. (For more local news, click here to sign up for real-time news alerts and newsletters from Detroit Patch, click here to find your local Michigan Patch. Also, like us on Facebook, and if you have an iPhone, click here to get the free Patch iPhone app.)

Many of the Iraqis, including 114 rounded up in the Detroit area last month who are mostly Christians, fear attacks over their religion if returned to Iraq. The government says they face deportation because they committed crimes in the U.S.

Goldsmith earlier extended a ruling suspending the deportation of the 114 while he considered jurisdiction to all Iraqi nationals in the U.S.

Trump Jr.’s ‘Nothing’; Iraqis Can Stay; Hotel Hack: Patch Morning Briefing
Also: sharing streaming passwords, a violent riptide, and a teen dies using her cellphone in the bath.

The U.S. government said 1,400 Iraqis are under deportation orders nationwide, though most are not in custody. Some have been under orders for years because they committed crimes in the U.S. But legal action over deportations took on new urgency because Iraq has agreed to accept them.

The American Civil Liberties Union said a suspension is necessary so Iraqi nationals can go to immigration court and argue that their lives would be in jeopardy if returned to their native country. Without some intervention, the ACLU contends that people could be deported before their case is called.

Goldsmith scheduled a Wednesday hearing to discuss several matters in the case, including a request from the Iraqis for a preliminary injunction barring the deportations.”

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Seems like these folks should have their cases reviewed by a U.S. Immigration Judge based on current conditions in Iraq.

PWS

07-12-17

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