Tag: National Security

☠️🤮⚰️🏴‍☠️ MERCHANTS OF CHAOS & CORRUPTION: GOP HACKS, BAD RIGHTY JUDGES FORCE ILLEGAL CONTINUATION OF BOGUS TITLE 42 ABOMINATION! — Ending Title 42 Will Restore Order To The Border, Says Expert, Professor Stephen Yale-Loehr Of Cornell Law @ The Hill! — But, Wait, There’s Much More Needed, Say I!

Four Horsemen
GOP political hacks and their enabling bad righty Federal Judges have combined to wreak havoc on humanity and trample the Constitution, rule of law, common sense, and simple human decency at our Southern border!
Albrecht Dürer, Public domain, via Wikimedia Commons
Professor Stephen Yale-Loehr
Professor Stephen Yale-Loehr
Cornell Law

https://thehill.com/opinion/immigration/3575601-ending-title-42-wont-cause-immigration-mayhem-it-will-restore-order/

In 2015, a Ghanaian man who goes by the initials M.A. and his gay friend were brutally assaulted by a vigilante group in Accra, Ghana. In Ghana, homosexuality is illegal and carries a prison sentence of up to three years. M.A. was beaten with sticks before escaping through a window. His friend was killed. Fearing the group would find and kill him, he fled to Ecuador and made his way to the U.S. border, where he requested asylum. After being detained for nine months, he was released on bond and lived with a childhood friend in New York while he waited for his case to make it through the legal system.

M.A. clearly faced persecution, but an immigration judge denied his claim. I took M.A.’s appeal to the Board of Immigration Appeals in 2016 as part of the Cornell Law School’s asylum appeals clinic. It took M.A. four years to win asylum in America, but at least he was given the chance to apply in the first place.

Since March 2020, approximately 900,000 people — including over 215,000 parents and children — have been denied the ability to request asylum at all. They’re casualties of Title 42, a pandemic-related policy that paused nearly all asylum proceedings at the border. Some people argue the policy is preventing an influx of migrants. In fact, numbers are up despite the policy, and our refusal to process most of them has led to chaotic and dangerous conditions.

The United States has successfully managed ebbs and flows of asylum seekers for decades. There’s a system in place to manage an influx — and regardless of how hard immigration lawyers like me fight for them to stay, many will lose their case and be deported. Even so, we must let people try. It’s not only the right thing to do, it’s also guaranteed under international and domestic law. We signed a 1967 protocol to the U.N. Refugee Convention to protect the rights of refugees, and we have adopted it and codified it into U.S. asylum law. Right now, we’re violating those obligations. The longer we do, the weaker American rule of law looks to our global partners.

We must immediately reinstate due process for asylum seekers. And once this happens, we must work to make the system more equitable and faster.

. . . .

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

Read Steve’s complete op-ed in The Hill at the link.

I agree that “we must work to make the system more equitable and faster.” But, the answer can’t be just to hire more Immigration Judges in Garland’s dysfunctional, broken, and anti-asylum-biased “court” system. That would just speed the “deportation assembly line” and lead to even more injustice and grotesque inconsistencies. 

According to TRAC, Immigration Judge “asylum denial rates” currently “range” from 5% to 100%. That’s a ridiculous, indefensible variation and a total perversion of the generous standard for granting asylum set forth by the Supremes in Cardoza-Fonseca and adopted by the BIA in Matter of Mogharrabi, but seldom enforced or followed, particularly these days.  Why this very obvious, totally solvable problem is still festering going on two years into a Democratic Administration that pledged to solve it is beyond me! 

Enough of this nonsense, biased, “amateur night at the Bijou” mal-administration of the Immigration Courts at EOIR by Garland’s DOJ! No wonder folks are still complaining about “Refugee Roulette” more than a decade after it was written by my Georgetown Law colleagues Professors Phil Schrag, Andy Schoenholtz, and Jaya Ramji-Nogales (now an Associate Dean at Temple Law). Why not put one of THEM, or for that matter, Professor Yale-Loehr, in charge of kicking tail and cleaning out the deadwood at EOIR?

Amateur Night
This approach to life or death asylum adjudication at EOIR, particularly the BIA, is a killer!
PHOTO: Thomas Hawk
Creative Commons
Amateur Night

At a minimum Garland must:

  • Remove the holdover “Asylum Deniers Club” from the BIA and replace them with a real judge as Chair and new Appellate Immigration Judges who are widely recognized as “practical experts” with careers that have demonstrated superior scholarship in immigraton and human rights, an unswerving commitment to due process for individuals, and a passion for racial justice in our legal system; 
  • Have the “New BIA” issue useful precedential guidance on how to document and grant valid asylum cases at both the Asylum Office and the Immigration Court, implement best practices, and identify and remove from future asylum adjudication those unqualified Immigration Judges who basically “make up” reasons to deny and can’t or won’t treat applicants fairly; and
  • Immediately replace with qualified expert judges those Immigration Judges on the “Southern Border docket” who can’t fairly adjudicate asylum cases.

Steve is totally correct about the need for Title 42 to go! But, Garland’s EOIR, particularly the BIA, is just as broken, counterproductive, and out of control as Title 42! In many ways, the illegal abrogation of the rule of law at the Southern Border has somewhat ”hidden” the larger problem that a dysfunctional and incapable EOIR poses for those who do manage to get a hearing!

Without a legitimate, totally reformed and significantly “re-populated” EOIR operating at the “retail level” of our justice system, there will be no rule of law and equal justice under law in America — for anyone!

Tell Garland you have had enough! The deadly and disorderly “EOIR Clown Show” has got to go! Now!

EOIR Clown Show Must Go T-Shirt
“EOIR Clown Show Must Go” T-Shirt Custom Design Concept

🇺🇸 Due Process Forever!

PWS

07-28-22

 

Related posts:

  1. 😰NO HAPPY NEW YEAR FOR FAMILIES IN “THE NEW AMERICAN GULAG”☠️⚰️ — As Kakistocracy Of War Criminals 🤮🏴‍☠️ Departs, Will President Biden Have The Wisdom & Guts To Move Beyond “The Dem Border Alarmists” & Get The Progressive Leaders 🦸🏽‍♂️⚖️ From The NDPA In Place To Bring Due Process & Order To The Border?🗽🇺🇸
  2. WOW, HERE’S A SURPRISE: MANY KIDS FLEEING VIOLENCE IN THE NORTHERN TRIANGLE KNOW NOTHING ABOUT BIDEN BORDER POLICIES — They Are Just Trying To Save Their Lives!
  3. 🗽⚖️🇺🇸LEE GELERNT @ ACLU SAYS BIDEN ADMINISTRATION “cannot farm out the asylum system.” Yet, That Appears To Be Largely What They Are Doing Under New, Previously Unpublicized Program!
  4. 🏴‍☠️☠️🤮👎🏻IN NYT OP-ED, FORMER TRUMP DOJ ATTORNEY ERICA NEWLAND ADMITS COMPLICITY! — Having Undermined Democratic Institutions, Sold False Narratives To (Too Often Willing) Federal Judges, & Participated In Racist-Inspired “Dred Scottification” (“Dehumanization”) Of the Other Is Actually a BIG Deal! — So Is The Destruction Of Due Process & Fundamental Fairness In The Immigration Courts (Now, “Clown Courts”🤡, or “America’s Star Chambers”☠️) 

MICA ROSENBERG @ REUTERS: “NEW Reuters project on the rising numbers of deaths along the U.S.-Mexico border” — Death Is Just “Collateral Damage” From Bad Border & Immigration Policies! — As The Desert Gets Hotter, Expect The Human Toll To Rise! ☠️⚰️

Mica Rosenberg
Mica Rosenberg
National Immigration Reporter, Reuters
Border Death
This is a monument for those who have died attempting to cross the US-Mexican border. Each coffin represents a year and the number of dead. It is a protest against the effects of Operation Guardian. Taken at the Tijuana-San Diego border.
Tomas Castelazo
To comply with the use and licensing terms of this image, the following text must must be included with the image when published in any medium, failure to do so constitutes a violation of the licensing terms and copyright infringement: © Tomas Castelazo, www.tomascastelazo.com / Wikimedia Commons / CC BY-SA 3.0

 

 

Hi there again,

 

I also wanted to share a multi media project we published yesterday about the rising number of deaths along the U.S.-Mexico border.

https://www.reuters.com/investigates/special-report/usa-immigration-border-deaths/

 

Through our reporting, we exclusively learned that U.S. Customs and Border Protection quietly changed last year how they count deaths on the border to only include deaths in custody, during arrests or when agents were nearby and there were 151 such “CBP-related” deaths in the 2021 fiscal year.

 

We are still reporting on this and other issues of course, so please keep in touch with tips and story ideas!

 

All the best,

Mica

………………………………………………….

Mica Rosenberg

Reuters News

National Immigration Reporter

www.reuters.com

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

Thanks, Mica. “Tune in” to the full “multimedia report” referenced by Mica at the above link to Reuters.

No amount of statistical hocus-pocus or nativist BS can hide the stain of these deadly, yet ultimately ineffective, border enforcement policies. It’s important that the names and actions of the politicos, bureaucrats, and bad judges who promote and encourage deadly violations of human rights, and their media apologists, be preserved and documented for history!

As we can see, there are, and will continue to be, concerted efforts to “cover up,” deny, and misrepresent the deadly effects of bad border policies! “Dehumanization of the other,” actively promoted by Trumpists and other White Nationalist GOP pols and their hand picked Federal Judges is a crucial first step!

🇺🇸Due Process Forever!

PWS

07-27-22

Related posts:

  1. HOW “AMERICA’S KILLER COURTS” PROMOTE “CRIMES AGAINST HUMANITY” — HUMAN RIGHTS WATCH: TRUMP & HIS WHITE NATIONALIST SYCOPHANTS & TOADIES TOUT LAWLESS POLICIES THAT VIOLATE LEGAL OBLIGATIONS & HELP KILL, RAPE, TORTURE THOSE RETURNED TO EL SALVADOR — Supremes & Article III Judiciary Complicit In Gross Human Rights Violations! 
  2. WHERE’S THE OUTRAGE? — 9th CIRCUIT JUDGES ASSIST REGIME’S AGENTS IN COMMITTING “CRIMES AGAINST HUMANITY” MERE YARDS FROM THE BORDER! — NDPA Leader Jodi Goodwin, Esquire, Speaks Out: “I’ve been practicing law for 25 years and the last four to five months of practicing law has broken me. I don’t want to fucking do this anymore. [Her voice breaks again] It sucks. How do you explain to people that you know they thought they were coming to a place where there’s freedom and safety and where the laws are just, but that’s not the situation? I’m very mad.”
  3. 🏴‍☠️☠️⚰️KAKISTOCRACY WATCH: AILA Blasts Appointment Of Prosecutors Without Judicial Qualifications To Top Judicial Positions in Billy the Bigot’s Weaponized Anti-Due-Process “Court” System — Dysfunction, Bias, Illegitimate Decisions Run Rampant As Congress, Article IIIs Fail to Enforce U.S. Constitution!
  4. 😰NO HAPPY NEW YEAR FOR FAMILIES IN “THE NEW AMERICAN GULAG”☠️⚰️ — As Kakistocracy Of War Criminals 🤮🏴‍☠️ Departs, Will President Biden Have The Wisdom & Guts To Move Beyond “The Dem Border Alarmists” & Get The Progressive Leaders 🦸🏽‍♂️⚖️ From The NDPA In Place To Bring Due Process & Order To The Border?🗽🇺🇸

THE GIBSON REPORT — 07-25-22 — Compiled By Elizabeth Gibson, Esquire, Managing Attorney, NIJC — HEADLINERS: Supreme Irresponsibility Leaves ICE Enforcement In Shambles; Righty Judges, Fascist GOP AGs, & Cruel But Ineffective Immigration Enforcement Help Create Billion Dollar Industry For Smugglers & Cartels; Racism, Brutality In ICE Detention!

Elizabeth Gibson
Elizabeth Gibson
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)

  • ◦NEWS
  • ◦LITIGATION & AGENCY UPDATES
  • ◦RESOURCES
  • ◦EVENTS

 

PRACTICE UPDATES

 

New Form I-485

USCIS: Starting Sept. 21, 2022, we will only accept the 07/15/22 edition. Until then, you can also use the 03/29/21 and 03/10/21 editions. You can find the edition date at the bottom of the page on the form and instructions.

 

NEWS

 

U.S. Supreme Court declines to allow Biden’s shift on immigration enforcement

Reuters: The justices on a 5-4 vote denied the Biden administration’s request to block a federal judge’s ruling that had prevented immigration officials from carrying out the enforcement guidelines while litigation over the legality of the policy continues. But the court said in a brief order that it would fast-track the Biden administration appeal and hear oral arguments in December.

 

Immigration judge union seeks recognition as top judge quits

AP: The National Association of Immigration Judges on Thursday asked the federal government to restore its union recognition after the Trump administration stripped its official status and the system’s chief judge resigned after two years on the job.

 

Governors Keep Busing Migrants to Washington

VOA: Three months into the program, local officials said more than 3,400 people have reached Washington by bus. Aid groups say they are overwhelmed. See also Mayors ask Biden to help with influx of asylum-seekers; Adams Blames Migrants for Shelter Woes. Critics Say That’s Too Simple.

 

‘They don’t have any humanity’: Black immigrants in Ice custody report abuse and neglect

Guardian: In the last month alone, FFI has received more than 2,100 complaints nationwide. The most common abuse-related ones are anti-Black discriminatory actions, ranging from forced strip-searches and unprovoked pepper-spraying to prolonged solitary confinement and critical medical treatment negligence.

 

Homeland Security records show ‘shocking’ use of phone data, ACLU says

Politico: The data, harvested from apps on hundreds of millions of phones, allowed the Department of Homeland Security to obtain data on e points across North America, the documents show. Those data points may reference only a small portion of the information that CBP has obtained.

 

Smuggling Migrants at the Border Now a Billion-Dollar Business

NYT: While migrants have long faced kidnappings and extortion in Mexican border cities, such incidents have been on the rise on the U.S. side, according to federal authorities. More than 5,046 people were arrested and charged with human smuggling last year, up from 2,762 in 2014.

 

A Timeline Of Migrant Family Separations

VOA: Five years later, court documents show, more than 5,000 children were separated from their parents at the U.S.-Mexico border under a practice known as the zero tolerance policy for unauthorized border crossers. However, it was also used on migrants who presented themselves legally at ports of entry. Parents of 180 children have not yet been found by advocates working with families.

 

Documents detail the secret strategy behind Trump’s census citizenship question push

NPR: Former President Donald Trump’s administration spent years trying to add a census citizenship question as part of a secret strategy for altering the population numbers used to divide up seats in Congress and the Electoral College, internal documents released Wednesday by the House Oversight and Reform Committee confirm.

 

LITIGATION & AGENCY UPDATES

 

High Court Won’t Reinstate Biden’s ICE Guidelines, For Now

Law360: The U.S. Supreme Court on Thursday refused to reinstate President Joe Biden’s attempt to narrow immigration arrests and deportations to national security threats and other “priority” targets while his administration fights a court order that vacated the policy.

 

Ndudzi, CA5 Revised Decision on Credibility

CA5: In  sum,  the  BIA  and  IJ’s  adverse  credibility  determination  rests  largely on “inconsistencies” in the record that are not actually inconsistent.

 

5th Circ. Revives Angolan Asylum Bid Over Credibility Error

Law360: The Fifth Circuit has revived asylum claims from a woman who said she suffered a brutal home invasion by Angolan police over her political activities, rebuking an immigration judge for deeming her untruthful despite “largely consistent” testimony.

 

Unpub. CA5 “Exceptional Circumstances” Remand: Perez-Vasquez v. Garland

LexisNexis: Perez-Vasquez is correct that the BIA erred by failing to address key evidence…His case is REMANDED to the BIA for the limited purpose of considering—in light of the totality of the circumstances of his individual case—whether exceptional circumstances prevented his appearance at his removal hearing.

 

9th Circ. Tells BIA Past Torture Isn’t A Must For Removal Relief

Law360: The Ninth Circuit ordered the Board of Immigration Appeals to reconsider a Guatemalan citizen’s bid for removal relief, saying that past torture, though relevant, was not required in determining whether he’d likely face future torture in Guatemala.

 

‘Miscarriage Of Justice’ Can’t Exempt Removal, 9th Circ. Says

Law360: Immigration judges and the Board of Immigration don’t have the authority to reopen reinstated orders deporting immigrants and corresponding proceedings after a deported individual has reentered the country, even if those orders result in a “gross miscarriage of justice,” the Ninth Circuit held Monday.

 

Migrant’s Criminal Past Backs Indictment, Split 9th Circ. Rules

Law360: A divided Ninth Circuit panel on Monday affirmed a district court’s order refusing to dismiss an indictment against a Mexican national charged with illegal reentry, finding that his drunk-driving and shoplifting convictions make it tough to show that he would have plausibly been granted voluntary departure relief.

 

11th Circ. Splits With 9th Circ. In Deportation Notice Case

Law360: An immigrant who crossed the U.S.-Mexico border in 2003 cannot challenge removal proceedings launched when he didn’t appear for a hearing, despite a defect in the notice he received, because a subsequent notice had complete information, the Eleventh Circuit has ruled in a split with the Ninth Circuit.

 

DC Circ. Says Agencies Must Allow Comments Before Rule Ax

Law360: A divided D.C. Circuit panel on Friday ruled agencies cannot simply withdraw a new rule, even if it has not yet been published in the Federal Register, once that rule has been subject to public inspection.

 

Detainees Call Fla. ICE Detention Center A ‘Living Hell’

Law360: Immigrants detained at the Baker County Detention Center in northern Florida filed a federal civil rights complaint Thursday asking for the immediate closure of the facility because of inhumane treatment and abuse.

 

USCIS Updates Guidance for Afghans and Iraqis Seeking Special Immigrant Classification

USCIS: USCIS is updating guidance in the USCIS Policy Manual regarding Afghan and Iraqi nationals seeking special immigrant classification. See also Legislative Changes and Transition Affecting Afghan and Iraqi Special Immigrant Visas.

 

RESOURCES

 

NIJC

 

Other

 

EVENTS

 

 

To sign up for additional NIJC newsletters, visit:  https://immigrantjustice.org/subscribe.

 

You now can change your email settings or search the archives using the Google Group. If you are receiving this briefing from a third party, you can visit the Google Group and request to be added.

 

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

www.immigrantjustice.org | Facebook | Twitter

 

 

 

 

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)

  • ◦NEWS
  • ◦LITIGATION & AGENCY UPDATES
  • ◦RESOURCES
  • ◦EVENTS

 

PRACTICE UPDATES

 

New Form I-485

USCIS: Starting Sept. 21, 2022, we will only accept the 07/15/22 edition. Until then, you can also use the 03/29/21 and 03/10/21 editions. You can find the edition date at the bottom of the page on the form and instructions.

 

NEWS

 

U.S. Supreme Court declines to allow Biden’s shift on immigration enforcement

Reuters: The justices on a 5-4 vote denied the Biden administration’s request to block a federal judge’s ruling that had prevented immigration officials from carrying out the enforcement guidelines while litigation over the legality of the policy continues. But the court said in a brief order that it would fast-track the Biden administration appeal and hear oral arguments in December.

 

Immigration judge union seeks recognition as top judge quits

AP: The National Association of Immigration Judges on Thursday asked the federal government to restore its union recognition after the Trump administration stripped its official status and the system’s chief judge resigned after two years on the job.

 

Governors Keep Busing Migrants to Washington

VOA: Three months into the program, local officials said more than 3,400 people have reached Washington by bus. Aid groups say they are overwhelmed. See also Mayors ask Biden to help with influx of asylum-seekers; Adams Blames Migrants for Shelter Woes. Critics Say That’s Too Simple.

 

‘They don’t have any humanity’: Black immigrants in Ice custody report abuse and neglect

Guardian: In the last month alone, FFI has received more than 2,100 complaints nationwide. The most common abuse-related ones are anti-Black discriminatory actions, ranging from forced strip-searches and unprovoked pepper-spraying to prolonged solitary confinement and critical medical treatment negligence.

 

Homeland Security records show ‘shocking’ use of phone data, ACLU says

Politico: The data, harvested from apps on hundreds of millions of phones, allowed the Department of Homeland Security to obtain data on more than 336,000 location data points across North America, the documents show. Those data points may reference only a small portion of the information that CBP has obtained.

 

Smuggling Migrants at the Border Now a Billion-Dollar Business

NYT: While migrants have long faced kidnappings and extortion in Mexican border cities, such incidents have been on the rise on the U.S. side, according to federal authorities. More than 5,046 people were arrested and charged with human smuggling last year, up from 2,762 in 2014.

 

A Timeline Of Migrant Family Separations

VOA: Five years later, court documents show, more than 5,000 children were separated from their parents at the U.S.-Mexico border under a practice known as the zero tolerance policy for unauthorized border crossers. However, it was also used on migrants who presented themselves legally at ports of entry. Parents of 180 children have not yet been found by advocates working with families.

 

Documents detail the secret strategy behind Trump’s census citizenship question push

NPR: Former President Donald Trump’s administration spent years trying to add a census citizenship question as part of a secret strategy for altering the population numbers used to divide up seats in Congress and the Electoral College, internal documents released Wednesday by the House Oversight and Reform Committee confirm.

 

LITIGATION & AGENCY UPDATES

 

High Court Won’t Reinstate Biden’s ICE Guidelines, For Now

Law360: The U.S. Supreme Court on Thursday refused to reinstate President Joe Biden’s attempt to narrow immigration arrests and deportations to national security threats and other “priority” targets while his administration fights a court order that vacated the policy.

 

Ndudzi, CA5 Revised Decision on Credibility

CA5: In  sum,  the  BIA  and  IJ’s  adverse  credibility  determination  rests  largely on “inconsistencies” in the record that are not actually inconsistent.

 

5th Circ. Revives Angolan Asylum Bid Over Credibility Error

Law360: The Fifth Circuit has revived asylum claims from a woman who said she suffered a brutal home invasion by Angolan police over her political activities, rebuking an immigration judge for deeming her untruthful despite “largely consistent” testimony.

 

Unpub. CA5 “Exceptional Circumstances” Remand: Perez-Vasquez v. Garland

LexisNexis: Perez-Vasquez is correct that the BIA erred by failing to address key evidence…His case is REMANDED to the BIA for the limited purpose of considering—in light of the totality of the circumstances of his individual case—whether exceptional circumstances prevented his appearance at his removal hearing.

 

9th Circ. Tells BIA Past Torture Isn’t A Must For Removal Relief

Law360: The Ninth Circuit ordered the Board of Immigration Appeals to reconsider a Guatemalan citizen’s bid for removal relief, saying that past torture, though relevant, was not required in determining whether he’d likely face future torture in Guatemala.

 

‘Miscarriage Of Justice’ Can’t Exempt Removal, 9th Circ. Says

Law360: Immigration judges and the Board of Immigration don’t have the authority to reopen reinstated orders deporting immigrants and corresponding proceedings after a deported individual has reentered the country, even if those orders result in a “gross miscarriage of justice,” the Ninth Circuit held Monday.

 

Migrant’s Criminal Past Backs Indictment, Split 9th Circ. Rules

Law360: A divided Ninth Circuit panel on Monday affirmed a district court’s order refusing to dismiss an indictment against a Mexican national charged with illegal reentry, finding that his drunk-driving and shoplifting convictions make it tough to show that he would have plausibly been granted voluntary departure relief.

 

11th Circ. Splits With 9th Circ. In Deportation Notice Case

Law360: An immigrant who crossed the U.S.-Mexico border in 2003 cannot challenge removal proceedings launched when he didn’t appear for a hearing, despite a defect in the notice he received, because a subsequent notice had complete information, the Eleventh Circuit has ruled in a split with the Ninth Circuit.

 

DC Circ. Says Agencies Must Allow Comments Before Rule Ax

Law360: A divided D.C. Circuit panel on Friday ruled agencies cannot simply withdraw a new rule, even if it has not yet been published in the Federal Register, once that rule has been subject to public inspection.

 

Detainees Call Fla. ICE Detention Center A ‘Living Hell’

Law360: Immigrants detained at the Baker County Detention Center in northern Florida filed a federal civil rights complaint Thursday asking for the immediate closure of the facility because of inhumane treatment and abuse.

 

USCIS Updates Guidance for Afghans and Iraqis Seeking Special Immigrant Classification

USCIS: USCIS is updating guidance in the USCIS Policy Manual regarding Afghan and Iraqi nationals seeking special immigrant classification. See also Legislative Changes and Transition Affecting Afghan and Iraqi Special Immigrant Visas.

 

RESOURCES

 

NIJC

 

Other

 

EVENTS

 

 

To sign up for additional NIJC newsletters, visit:  https://immigrantjustice.org/subscribe.

 

You now can change your email settings or search the archives using the Google Group. If you are receiving this briefing from a third party, you can visit the Google Group and request to be added.

 

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

www.immigrantjustice.org | Facebook | Twitter

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

Failed “deterrence” gimmicks and righty Federal Judges who enable them by not standing up against anti-immigrant racism thinly disguised as security or health measures are a bad combination.

🇺🇸Due Process Forever!

PWS

07-26-22

 

 

 

Related posts:

  1. ⚖️ THE GIBSON REPORT — Compiled By Elizabeth Gibson, Esquire, Managing Attorney, NIJC: Stephen Miller Was Even More Of A Disreputable Scofflaw! — 9th Halts BIA’s “Rote Formula” For Improperly Denying CAT W/O Meaningful Analysis — EOIR In Louisiana Continues To Be “Death Valley” ☠️⚰️  For Asylum Seekers:  “‘I feel that the big problem we face today is that there is a real dehumanization of the entire process,’ said Mich Gonzalez, Associate Director of Advocacy at the Southern Poverty Law Center.”
  2. ⚖️THE GIBSON REPORT — 07-11-22 —  Compiled By Elizabeth Gibson, Esquire, Managing Attorney, NIJC — Glimpses Of Some Failing Righty Federal Judges & An Administration That Lacks A Bold Plan For Improving Immigration, Human Rights, & Racial Justice, Particularly @ EOIR!
  3. ⭐️⭐️⭐️⭐️⭐️⚖️🗽🇺🇸FORMER DEPUTY AG DON AYER, JUDGE MIMI TSANKOV AMONG “HEADLINERS” AT TIMELY UPCOMING NY CITY BAR ASSN. EVENT: “Rule of Law Forum – Preserving the Rule of Law in an Age of Disruption” — Register Now, Right Here!
  4. THE TRUTH IS OUT, THANKS TO MICHELLE MENDEZ @ CLINIC: Practice Pointers on Matter of Castillo-Perez & “Takeaways” From FOIA Trove On In Absentias!

📦OUTSIDE THE BOX: THE BIDEN ADMINISTRATION SHOULD USE REFUGEE ADMISSIONS + NON-GOV SPONSORSHIPS TO START BREAKING THE LOGJAM @ OUR SOUTHERN BORDER — & THE RESULTING BOON TO SMUGGLERS & HUMAN TRAFFICKERS — CAUSED BY SCOFFLAW RIGHTY FEDERAL JUDGES & CORRUPT GOP NATIVIST AGs!

 

https://www.washingtonpost.com/outlook/2022/07/18/refugee-sponsored-ukraine/

Americans should be able to sponsor refugees who can stay permanently

The U.S. does too little for too few, but Canada has a program worth adopting and improving

Perspective by l

July 18, 2022 at 5:00 a.m. EDT

The war in Ukraine has created one of the biggest refugee crises since World War II, with about 7 million people fleeing the country. While some have since returned, and some have settled elsewhere in Europe, there are still many in need of a permanent haven. Unfortunately, the American refugee system is proving to be of comparatively little help.

Even before President Donald Trump, the refugee resettlement process was slow and cumbersome, but Trump made things much worse by slashing the annual refugee quotas to a low of 18,000 for fiscal 2020 and 15,000 for fiscal 2021, before Biden increased it, which in turn led many resettlement organizations to shut down or scale back. President Biden raised the 2021 cap to 62,500 in May of that year — and set a cap of 125,000 for 2022 — but has not been able to restore the resettlement infrastructure that Trump undercut. As a result, the higher quotas remain largely unfilled, with a record-low 11,411 refugees admitted in 2021, even though many more would love to come. Even in the current fiscal year, the administration expects to fall far short of its target, Axios reports.

The Biden administration has tried to ease the logjam — at least for Ukrainian victims of Russian aggression — by creating the Uniting for Ukraine program, under which private citizens can sponsor Ukrainian refugees. Ukrainians wishing to enter must first get a U.S.-citizen sponsor, who has to prove that they can financially support the new arrival for two years; they must also pass certain health and security checks. The Ukrainians can seek permission to work but may stay for only two years. U.S. sponsors have filed applications on behalf of some 60,000 Ukrainians under this policy. The administration has pledged to help at least 100,000 Ukrainians relocate overall.

The war in Ukraine is on track to be among modern history’s bloodiest

The program is a decent start, but it could be improved by adapting a similar, better-run Canadian program.

Since 1979 — inspired by the massive numbers of people displaced by the Vietnam War and its aftermath — Canada’s Private Sponsorship of Refugees program has allowed ordinary people and community groups to support refugees financially and otherwise for 12 months (or until the refugee is self-sufficient, whichever comes first). Sponsors can include private citizens working together (a “Group of Five”) or a group that holds a sponsorship agreement with the Canadian government, such as a religious institution or cultural organization. In an important contrast with the U.S. program, the refugees can stay permanently after the sponsorship period, and the program is not limited to people from specific nations. The combination of monetary assistance with more personal support, such as helping refugees find language classes or sign their children up for schools, gives the refugees a chance to hit the ground running. The recipients of private aid must be a refugee as defined by the United Nations (or according to a few other criteria). In 2022, Canada’s target number for privately sponsored refugees is 31,255, while the goal for government-sponsored refugees is 19,790. Relative to Canada’s population size — just over a tenth that of the United States — these figures are several times higher per capita than Biden’s unmet quota of 125,000.

. . . .

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

Read the full article at the link. 

Creative “out of the box” thinking, innovation, practical solutions, expertise, bold moves, and moral courage have been largely lacking in the Biden Administration’s approach to refugees and asylees.

While the authors seem largely focused on the plight of Ukrainian refugees, there is no reason why their proposal couldn’t be used for many refugees of color from Haiti, Latin America, and elsewhere at the Southern border.

Additionally, there are no known legal avenues for racist GOP AGs and GOP scofflaw Federal Judges to successfully challenge refugee admissions. Doesn’t mean they won’t try.  But,  the DOJ should be able to fend off the effort.

Undoubtedly, out of control righty judges have helped GOP states with ugly White Nationalist xenophobic agendas to improperly seize control of  immigration policy from Congress and the Executive. https://www.cbsnews.com/news/immigration-biden-republican-states-lawsuits/. Their target — individuals of color and women — is clear.

The result — an ungodly mess that empowers cartels and smugglers while putting “life or death” decisions in the hands of lower level bureaucrats  who can act arbitrarily and without effective guidance — is totally unacceptable and a mockery of the rule of law. The Administration must use every tool at its disposal to resist this dangerous right-wing judicial overreach that undermines democracy.

🇺🇸 Due Process Forever!

PWS

07-24-22

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  2. WHEN ARTICLE III COURTS FAIL: U.S. “Orbits” Refugee Families To Dangerous Chaos In Guatemala Under Clearly Fraudulent “Safe Third Country” Arrangements As Feckless U.S. Courts Fail To Enforce Constitutional Due Process & U.S. Asylum Laws In Face Of Trump Regime’s Contemptuous Scofflaw Conduct!
  3. ⚖️🇺🇸👍🏼🗽DEAN KEVIN JOHNSON’S SUCCINCT RESPONSE TO GREG ABBOTT’S PREDICTABLE SOUTHERN BORDER BS IS WORTH A READ! — PLUS: ARELIS HERNANDEZ OF WASHPOST WITH SOME MUCH-NEEDED TRUTH & PERSPECTIVE FROM THOSE ACTUALLY LIVING ON THE SOUTHERN BORDER: “We need more lawyers and judges, not more troops or technology.”
  4. WOW, HERE’S A SURPRISE: MANY KIDS FLEEING VIOLENCE IN THE NORTHERN TRIANGLE KNOW NOTHING ABOUT BIDEN BORDER POLICIES — They Are Just Trying To Save Their Lives!

⚡️🔌 SHORT CIRCUIT! — TOTALLY UNQUALIFIED TRUMP HOLDOVER & ANTI-IMMIGRANT ZEALOT TRACY SHORT FINALLY FORCED OUT @ EOIR — Notorious Member Of Sessions-Hamilton-Barr “Atlanta Xenophobic Mafia” 🏴‍☠️ Resigns 😎⚖️🗽👍🏼

⚡️🔌 SHORT CIRCUIT! — TOTALLY UNQUALIFIED TRUMP HOLDOVER & ANTI-IMMIGRANT ZEALOT TRACY SHORT FINALLY FORCED OUT @ EOIR — Notorious Member Of Sessions-Hamilton-Barr “Atlanta Xenophobic Mafia” 🏴‍☠️ Resigns 😎⚖️🗽👍🏼

 

By Paul Wickham Schmidt

Special to Courtside

July 21, 2022

Multiple sources report that now-former Chief Immigration Judge Tracy Short resigned today. This long overdue action ends one of the most grotesque ongoing farces in the American legal system. 

This total travesty saw the Trump holdover member of the Sessions-Hamilton “Atlanta Xenophobic Mafia” — appointed by former AG Barr without any judicial experience or qualifications — continue to drag down the Immigration Courts with increased due-process-denying backlogs and anti-immigrant shenanigans during the first 18 months of the Biden Administration. As a “Senior Executive,” Short could and should have been reassigned long ago by AG Merrick Garland to a position where he no longer could undermine American justice.

Short’s appointment by Barr two years ago stunned and outraged experts and practitioners. https://wp.me/p8eeJm-5HB. ICE Atlanta and the Atlanta Immigration Court were generally held in low professional regard by practitioners and observers not part of the nativist cabal with which both have long been associated. 

Short’s appointment was particularly galling to those committed to due process and fundamental fairness because he replaced then Acting Chief Immigration Judge Christopher Santoro, a far more qualified candidate who had been an outspoken force for fairness and impartiality. That’s actually what the Immigration Courts are supposed to be about, but clearly were not during the Trump era at DOJ.

Short’s resignation comes as the National Association of Immigration Judges (“NAIJ”) seeks “re-recognition” from the Biden Administration. Short helped spearhead Barr’s inexplicably successful effort to “de-certify” the NAIJ as thinly disguised “punishment” for speaking out for judicial independence and exposing the many ongoing abuses of due process at EOIR.

Predictably, nativist/restrictionist groups and their “GOP cheerleaders” like Sen. Chuck Grassley (R-IA) and insurrectionist apologist Rep. Jim Jordan (R-OH) raised absurdist claims of a “political vendetta.” That’s ironic considering that the Trump group improperly “weaponized” EOIR to serve not as a legitimate quasi-judicial arbiter, but rather as an overtly biased and unqualified “enforcer” of their racially-charged “gonzo” enforcement policies. 

The latter combined illegality, incompetence, and gratuitous cruelty in a toxic brew directed at migrants. It particularly targeted those of color, women, and children.

This apoplectic response by the radical right in and of itself should assure Garland that he is finally on the right track with getting unqualified judges and administrators out of EOIR and replacing them with competent judges with reputations as fair-minded experts in due process, human rights, and immigration. Perhaps the curtain is finally beginning to come down on the long-running “clown show” at EOIR!

During the Trump Administration, appointment of former prosecutors as Immigration Judges outnumbered appointments from the ranks of private and academic sector practitioners by approximately nine to one. At first, Garland curiously did little to change that — actually elevating some of his predecessors’ questionably-qualified candidates. Now, this very modest long overdue effort to rid the system of “deadwood” and bring in at least some experts from outside the world of government prosecutors is sending “shockwaves” through “restrictionist world.” Restrictionists ran roughshod over the Immigration Court system during the days of White Nationalist Stephen Miller and his cronies! They obviously hate the idea that the Biden Administration belatedly is acting like the 2020 election actually had consequences!

No immediate  replacement for Short was named by EOIR. Garland must not pass up this opportunity to bring true expertise and dynamic due-process-focused leadership into his broken EOIR court system! It’s up to everyone committed to fairness and due process for all at EOIR to make sure that Garland “gets it right” this time around!

🇺🇸 Due Process Forever!

PWS

07-21-22

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  3. ⚖️FINALLY, HOUSE TO EXAMINE GARLAND’S DYSFUNCTIONAL, MISMANAGED, LEADERLESS IMMIGRATION “COURTS” & NEED FOR DUE-PROCESS-FOCUSED REFORMS! — Tal Kopan Reports For SF Chron!
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👍🏼👍🏼👍🏼👍🏼👍🏼FINALLY A “MAGA” MOVEMENT THAT IS GREAT FOR AMERICA — “Mothers Against Greg Abbott” (“MAGA”) Takes On Horrible White Nationalist Gov!

From My San Antonio:

Mothers Against Greg Abbott release new ad opposing the Texas governor

The group, Mothers Against Greg Abbott, released a new ad opposing the Republican Texas Governor on social media on Friday, July 15. The nonprofit organization also endorsed Democrat Beto O’Rourke, who faces Abbott in the gubernatorial race in November.

Read in My San Antonio: https://apple.news/A_lU8udxURiCBw955sksDTQ

Shared from Apple News

***********

Hard to see how Abbot —an inept executive with no values who picks on the most vulnerable — has gotten as far as he has. This is a chance for Texas to get out of the funk and get a governor who is actually interested in representing all Texans and governing competently.

🇺🇸 Due Process Forever!

PWS

07-20-22

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🛡⚔️THE ROUND TABLE RIDES AGAIN! — INJECTING A DOSE OF REALITY INTO 1ST CIR. LITIGATION — No, “Briefing Completed” Doesn’t Mean That A BIA Decision Is Imminent — With An 80K+ Appellate Backlog, No Leadership, No Coherent Plan, Many Appellate Judges “Programmed To View Only Removals With Urgency,” & “Priorities” That Change On Political Whim, It’s A Grave Mistake To View EOIR “Through The Lens Of A ‘Normal’ Court System!”  🤯

Jeffrey S. Chase
Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Coordinator & Chief Spokesperson, Round Table of Former Immigration Judges

“Sir Jeffrey Chase forwards our Round Table’s latest effort to promote reality, reasonableness, and due process in EOIR’s dysfunctional world:

Amici curiae are 38 former immigration judges (““IJs””) and members of the 2

Board of Immigration Appeals (““BIA””).2
Amici have dedicated their careers to improving the fairness and efficiency of

the United States immigration system, and have an interest in this case based on their combined centuries of experience administering the immigration laws of the United States. Amici collectively have presided over thousands of removal proceedings and thousands of bond hearings in connection with those proceedings, and have adjudicated numerous appeals to the BIA.

In denying Anderson Alphonse’’s (““Mr. Alphonse”” or ““Petitioner””) petition for writ of habeas corpus, the United States District Court for the District of Massachusetts (Saylor, J.), relied in part on the premise that it was ““readily foreseeable that proceedings will conclude in the near future”” because Mr. Alphonse’’s appeal to the BIA was ““fully briefed.”” This premise—at best aspirational when made in January 2022—has proven erroneous: nearly six months later, Mr. Alphonse’’s BIA appeal remains undecided. This is, regrettably, unsurprising given the surging caseload in the immigration courts, which now exceeds 1.8 million

1
1Amici state that this brief was not authored in whole or in part by counsel for any

party, and no person or entity other than Amici or their counsel made a monetary contribution to fund the preparation or submission of this brief.

2
2 See the appendix for a complete list of signatories.

pastedGraphic.png

1

Case: 22-1151 Document: 00117894678 Page: 10 Date Filed: 07/05/2022 Entry ID: 6505717

pending cases. This crushing backlog—adding significantly to the backlog facing the BIA—-iis extremely relevant to the question of when a removal proceeding is likely to conclude. In fact, it might be the most important factor in this equation. Yet this factor is absent from the First Circuit’’s current analytical framework, opening the door to erroneous suppositions and conclusions based on a cursory review of a removal proceeding’’s posture, such as the one made by the District Court here.

Thus, Amici write to respectfully urge the Court to reassess the impact the backlog of cases facing the immigration courts may have on the ability of courts to accurately forecast when removal proceedings will conclude. Given their extensive experience with the immigration courts and BIA appeal process, Amici are uniquely positioned to provide insight into this narrow, but critical, issue.

The case is Alphonse v. Moniz, currently pending in the 1st Cir. Here’s a complete copy of our brief:

Round Table – Alphonse (1st Cir) FILED Amicus Brief – 7.5.22

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

Many thanks to our wonderful pro bono counsel Matthew Levitt and Evan Piercy at MINTZ, LEVIN, COHN, FERRIS, GLOVSKY AND POPEO, P.C. 

Although BIA decisions, particularly in non-detained cases, might take many months or even years to decide, the appellant is given only a relatively short period of time to file a brief — 21 days. A single 21 day extension may be requested and is usually granted, although it is common for the appellant not to be notified that the extension has been granted until after the extension period has expired.

Requests for additional or longer extensions are rarely granted. Motions to accept late-filed briefs, even those only a day or two tardy, are often denied. On the other hand, failure to file a timely brief after requesting a briefing schedule is a potential ground for summary dismissal of an appeal regardless of the merits! 8 C.F.R. § 1003.1(d)(2)(i)(E).

These rigid procedures might give the false impression that the EOIR system is driven by a sense of urgency in dispensing justice. Additionally, BIA and AG decisions often disingenuously pontificate about the supposedly “critical importance” of finality in immigration decisions. It’s all BS!

As you might note, the only “urgency” at EOIR is the potentially severe consequences imposed on the appealing party, usually the migrant. One the “compressed briefing” is complete, there is no particular assurance that the appeal will be decided on the merits for months, years — or ever! Additionally, the BIA can sometimes make dismissal of an appeal easier by ignoring an untimely brief or even by summarily dismissing an appeal for failure to file a brief without dealing with the merits.

Moreover, the hopelessness of the 1.82 million case EOIR backlog and the “assembly line justice” encouraged by EOIR’s “political masters” at DOJ results in a sloppy, “haste makes waste” approach to “justice.” This, in turn, means wrongful removals or unnecessary “remands” from Circuit Courts.

But, not to worry — there is neither penalty nor accountability for the BIA’s poor performance. Wrongly deported individuals are “out of sight, out of mind” — assuming they are even still alive.

Moreover, court remands actually give the BIA unlimited opportunities to correct their sloppy and unprofessional work, often with the benefit of a more thoughtful analysis from the Circuit Court. Not that such beneficial treatment by the Circuit necessarily means the BIA will get it right on remand. The BIA has been known to get “chewed out” by Circuit Courts for ignoring or “blowing off” their mandates.

“Red flags” 🚩 should be popping up all over the Falls Church horizon — so big that even the often “asleep at the wheel” immigration policy folks at the Biden Administration can see them! But, don’t hold your breath! Our Round Table, however, will continue “speaking truth to power” and revealing the real, awful due process mess at EOIR.

The respondent in this case is ably represented by Associate Dean Mary Holper of Boston College Law and her Immigration Clinic. In a way, this is a classic illustration of why Garland has been unable to fix EOIR. Dean Holper is an accomplished, universally-respected litigator, teacher, writer, practical scholar, and administrator. She is exactly the type of NDPA All-Star/Expert whom Garland should have recruited on “Day 1,” brought in, and empowered to fix EOIR and reinstate and realize its due process mission. Instead, Garland’s EOIR continues to flail and fail while the talent who could fix it are lined up in court against him!

🇺🇸Due Process Forever!

PWS

07-18-22

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  4. 🧑🏽‍⚖️⚖️🗽🇺🇸WHO’S JUDGE IS IT ANYWAY? — The Crisis Of Independence In Our Immigration Courts! — Coming April 7, 2021! — Sponsored By The HNBA! — Don’t Miss It!

FROM ROE TO DOBBS, A HALF-CENTURY DECLINE IN THE US JUDICIARY! — From Blackmun’s “Profound Lyricism” To Alito’s Snarky Far-Right Pseudo-Religious Dogma Masquerading As “Law!”  — Francine Prose in The Guardian

Francine Prose
Francine Prose
American Writer
PHOTO: Luigi Novi (2009)
Creative Commons License

https://www.theguardian.com/commentisfree/2022/jul/01/roe-v-wade-1973-ruling-supreme-court?CMP=Share_iOSApp_Other

As one more reminder of what we’ve lost, the text of the 1973 Roe v Wade ruling is unlikely to console us. Even so, I recommend downloading the pdf. In the wake of its overturning, this beautifully written document – which reads like a long form essay – is not only interesting in itself but now seems like another sign of how much has changed over the last half century, in this case for the worse.

Drafted by Justice Harry Blackmun, the ruling includes a clear and persuasive summary of the history of abortion law. “At the time of the adoption of our Constitution, and throughout the major portion of the 19th century, a woman enjoyed a substantially broader right to terminate a pregnancy that she does in most States today.” It tracks the centuries-old debate over when life begins, and dismisses the argument that a fetus is a person guaranteed the protections afforded US citizens. Throughout, it strikes us as the careful explication and clarification of a law, of legal precedent, unlike Justice Alito’s ruling in Dobbs v Jackson Women’s Health, which seems more like an expression of religious conviction masquerading as an unbiased interpretation of the constitution.

The Roe ruling is not about states’ rights. It’s about power and control | Derecka Purnell

What’s most striking about Roe v Wade – and its difference from the ruling that overturned it – is its eloquence. Blackmun’s lucid, frequently graceful language reflects a commitment to decency and compassion. The judges are clear about the dangers of carrying an unwanted child or a high-risk pregnancy to term. They strive to see the issue from the perspective of those confronting a serious life crisis, and to imagine the devastating outcomes that pregnant women and their families may face.

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“Specific and direct harm medically diagnosable even in early pregnancy may be involved. Maternity, or additional offspring, may force upon the woman a distressful life and future. Psychological harm may be imminent. Mental and physical health may be taxed by childcare. There is also the distress, for all concerned, associated with the unwanted child, and there is the problem of bringing a child into a family already unable, psychologically and otherwise, to care for it.”

The passage I admire most is the one in which Blackmun, at once profound and lyrical, describes the atmosphere surrounding the issue of abortion, the way our opinions are formed, and the pressures that the law must acknowledge and keep in balance.

“We forthwith acknowledge our awareness of the sensitive and emotional nature of the abortion controversy, of the vigorous opposing views, even among physicians, and of the deep and seemingly absolute convictions that the subject inspires. One’s philosophy, one’s experiences, one’s exposure to the raw edges of human existence, one’s religious training, one’s attitudes toward life and family and their values, and the moral standards one establishes and seeks to observe, are all likely to influence and to color one’s thinking and conclusions about abortion. In addition, population growth, poverty, and racial overtones tend to complicate and not to simplify the problem.”

And there it is: a superbly rendered catalogue of the factors that come to mind when we consider the factors that will now determine whom Dobbs will hurt most: poverty, race, and life on the raw edges of human existence – an edge, one might say, on which every decision about abortion is made.

. . . .

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

Read the rest of Francine’s article at the link.

Let’s face it. The concern for human life of out of touch righty ideologues like Alito ends at birth. After that, the “others” are expendable — particularly if they are women or folks of color!

All their claimed concern about “personhood” ends at delivery — when it can no longer be used to threaten vulnerable pregnant women or medical professionals. After that, the GOP program for kids (whether wanted or not) consists of things like:

  • Valuing their lives below the “right” of every Tom, Dick, and Harriett in America to own and use military-style assault weapons (something that certainly wasn’t the “original intent” of the drafters of the 2d Amendment);
  • Cutting education budgets, “dumbing down” public school curriculums, and harassing teachers, school administrators, and school board members;
  • Imposing work requirements on public assistance without regard to the needs and availability of suitable child care;
  • Deporting their parents to far away countries without concern for the welfare of children (US citizen and others);
  • Declaring “war” on vulnerable kids who aren’t heterosexuals;
  • Opposing provisions that would expand the availability of health insurance to kids;
  • Spreading misinformation about life-saving vaccines for children;
  • Falsely denying climate change that threatens the world we will leave to our kids and future generations; 
  • Spreading fear and terror in ethnic communities containing “mixed families” to discourage them from taking advantage of available community services; 
  • Threatening the educational rights of non-citizen children currently guaranteed by Plyler v. Doe (but perhaps not for long, if the Clarence Thomases of the world have their way);
  • Treating kids in Immigration Court as less than “persons” entitled to full due process (for example, forcing toddlers to “represent themselves” in life or death asylum cases);
  • Separating families;
  • Detaining families and children in grossly substandard conditions;
  • Making it more difficult for people of color to vote and thus exercise their legal and political rights;
  • Being more concerned about BLM protests than in the loss of young black lives that generated them.

I could go on an on.

One essential starting place and training ground for a “new generation” of Federal Judges who will be committed to humane values, empathy, accurate historical understanding, due process, and equal justice for all is the “retail level” of our justice system — the U.S. Immigration Courts, currently controlled solely by AG Merrick Garland. That’s why Garland’s disturbing failure to instill progressive values and install scholarly progressive judges — the best, brightest, and most courageous — in his now-dysfunctional EOIR system should be of grave concern to advocates of individual choices and anyone who cares about equal justice for all and the future of our nation!

The GOP-dominated Federal Judiciary has become a tool of authoritarians and religious zealots who seek to wipe out established individual rights, reduce humanity, and insert themselves and their out of touch views into every aspect of human existence — ultimately threatening the very future of humanity! 

The Dems, by contrast, are the party of individual rights and human freedom. Too bad they haven’t done a better job of selling, and sometimes of following and boldly acting upon, their own stated values! 

🇺🇸Due Process Forever!

PWS

07-15-22 

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  4. 😰NO HAPPY NEW YEAR FOR FAMILIES IN “THE NEW AMERICAN GULAG”☠️⚰️ — As Kakistocracy Of War Criminals 🤮🏴‍☠️ Departs, Will President Biden Have The Wisdom & Guts To Move Beyond “The Dem Border Alarmists” & Get The Progressive Leaders 🦸🏽‍♂️⚖️ From The NDPA In Place To Bring Due Process & Order To The Border?🗽🇺🇸

☹️ 1.82 Million Souls Left In Limbo — Due Process Denying “Gimmicks” & Minor Tinkering Fail To Stem EOIR’s Burgeoning Backlog! — There Is No Substitute For Long-Overdue Practical Progressive Reforms!

Bleak House
Jarndyce v. Jarndyce: “The suit does not sleep; we wake it up, we air it, we walk it about. Thats something.”
From “Bleak House” by Charles Dickens (1895).
Garland has created a “Dickensonian” nightmare @ EOIR — including rushing some arbitrarily selected poor souls through his broken system to deportation orders with little or no process at all, let alone due process of law!

TRAC Immigration reports:

Transactional Records Access Clearinghouse

Pace of Immigration Court Processing Increases While Backlog Continues to Climb

The latest case-by-case records show that the Immigration Court backlog reached 1,821,440 at the end of June 2022. This is up 25 percent from the backlog just at the beginning of this fiscal year. These figures are based on the analysis of the latest court records obtained through Freedom of Information Act (FOIA) requests by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University.

New Immigration Court cases continue to outstrip the number of cases being closed. So far during the first nine months the court received 634,594 new cases, but has only managed to dispose of 287,711. These closures took 1,130 days on average or more than three years from the date of the Notice to Appear (NTA) to the court’s disposition. Part of the delay represents the time it took from the Department of Homeland Security to actually file the NTA after it was issued. This delay reached record levels during the Trump administration three years ago, but NTAs are being filed much more promptly under the current administration.

The pace of court closures also has been accelerating. After the partial government shutdown in March 2020, court closures averaged just 6,172 per month for the remainder of that fiscal year. During FY 2021, court closures roughly doubled to 12,055 on average per month. By the end of the first six months of FY 2022, monthly closures had again doubled to an average of 23,957 per month. And this last quarter covering just the three-month period from April – June 2022, monthly closures doubled again to 47,991 on average each month.

According to court statistics, immigration judges on board at the beginning of this past quarter had increased just 6 percent over levels at the beginning of FY 2022. Thus, the increase in judge hiring only accounts for some of this speedier pace. A more important factor appears to be the many changes implemented by the Biden administration to increase the speed that court cases get scheduled and decided. However, as TRAC has reported, the increase in speed has come with heightened due process concerns, increasing the number of asylum seekers unable to secure legal representation which then greatly diminishes their opportunity to adequately prepare and present their asylum claims.

For more highlights on the Immigration Court, updated through June 2022, go to:

Immigration Court Quick Facts

For an index to the full list of TRAC’s immigration tools and their latest update go to:

https://trac.syr.edu/imm/tools

If you want to be sure to receive a notification whenever updated data become available, sign up at:

https://tracfed.syr.edu/cgi-bin/tracuser.pl?pub=1

Follow us on Twitter at:

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or like us on Facebook:

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TRAC is self-supporting and depends on foundation grants, individual contributions and subscription fees for the funding needed to obtain, analyze and publish the data we collect on the activities of the US Federal government. To help support TRAC’s ongoing efforts, go to:

https://trac.syr.edu/cgi-bin/sponsor/sponsor.pl

David Burnham and Susan B. Long, co-directors
Transactional Records Access Clearinghouse
Syracuse University Peck Hall
601 E. Genesee Street
Syracuse, NY 13202-3117
315-443-3563
trac@syr.edu
https://trac.syr.edu 

The Transactional Records Access Clearinghouse is a nonpartisan joint research center of the Whitman School of Management (https://whitman.syr.edu) and the Newhouse School of Public Communications (https://newhouse.syr.edu) at Syracuse University. If you know someone who would like to sign up to receive occasional email announcements and press releases, they may go to https://trac.syr.edu and click on the E-mail Alerts link at the bottom of the page. If you do not wish to receive future email announcements and wish to be removed from our list, please send an email to trac@syr.edu with REMOVE as the subject.

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

Needed:

  • New, visionary, innovative, creative, due-process-focused leadership @ EOIR;
  • Better judges with established records of fair, practical, scholarship and proven expertise in immigration, due process, and constitutional law;
  • An Attorney General who understands the need for the foregoing and has the backbone to put it in place and then let the “pros” solve the problems!

This broken and failing system and its toxic discredited “culture of denial, fake expediency, and false deterrence” needs a radical overhaul — NOW!

🇺🇸Due Process Forever!

PWS

07-16-22

Related posts:

  1. 👍🏼⚖️🗽MAJORITY OF ASYLUM SEEKERS WIN THEIR CASES, EVEN IN A BROKEN & BIASED  SYSTEM INTENTIONALLY STACKED AGAINST THEM — But, Only, If They Can Get To A “Merits Adjudication!” — Nativist Lies, Myths, Driving USG Policies Exposed! — Why USCIS & EOIR Self-Created Backlogs Primarily Shaft Those Deserving Legal Protection Of Some Type!
  2. 🤯👎🏽☠️🤮🆘STATS SHOW YET ANOTHER PREDICTABLE, HORRIBLE GARLAND FAILURE @ EOIR: “New Research Finds that Dedicated Docket Leads to High Rates of Deportation, Low Representation Rates, and Wastes Immigration Judges’ Time” — Duh!
  3. ⚖️🗽SATURDAY MINI-ESSAY: ONE TINY STEP FOR MANKIND: But It’s Going To Take Much More Than Finally Replacing A Few Stunningly Unqualified Judges To Save EOIR!
  4. ☠️🤮⚰️ AMERICAN TRAVESTY — IN GARLAND’S TOTALLY DYSFUNCTIONAL (NON) COURT SYSTEM, LIFE OR DEATH⚰️ IS A COMPLETE “CRAP SHOOT!” — WHY ISN’T THE PRESSURE ON BIDEN’S AG TO FIX IT BEFORE MORE LIVES ARE UNJUSTLY LOST?

🛡⚔️ THE LEGEND OF THE ROUND TABLE CONTINUES TO GROW! — Making A Difference Even When The Results Are Not What We Wished For! — PLUS, “BONUS COVERAGE” OF THE “SUPER MOON,” COURTESY OF “SIR JEFFREY!”

Jeffrey S. Chase
Hon. Jeffrey S. Chase
Jeffrey S. Chase Blog
Coordinator & Chief Spokesperson, Round Table of Former Immigration Judges

“Sir Jeffrey” Chase reports:

9th Circuit Decision in U.S. v. Bastide-Hernandez

Hi all:Attached please find the published, en banc decision of the 9th Circuit issued yesterday in U.S. v. Bastide-Hernandez.As expected, the court held that the absence of a date and time of hearing does not deprive the Immigration Court of jurisdiction.

However, please note the concurring opinion of Judge Friedland, stating that although the court held that the issue is not jurisdictional, “there are strong argument for the contrary position,” adding that the Supreme Court may reach a different conclusion.

Judge Friedland also quoted our Round Table’s amicus brief at length, as follows:

“An amicus brief filed by former immigration judges elaborates on why it better serves clarity, efficiency, and due process to include the time and location of the hearing in an NTA in the first instance. As amici explain, incomplete initial notice documents create uncertainty both for noncitizens, who are left in the dark as to when and where a potentially life-changing proceeding will be held, and for immigration judges, who cannot be sure if a case can proceed. Amici also note that the Government’s notice-by- installment practice creates additional fact-finding obligations for immigration judges, who may need to look to multiple documents to determine whether informational gaps in the initial notice have been filled. And amici caution that, because immigration judges are already overburdened and face pressure to complete cases, ambiguities about notice may lead immigration judges to order noncitizens removed when they fail to show up at their hearings, even if the noncitizens never received notice of those hearings at all.”

I think that this lengthy reference demonstrates the importance of our work.

Best, Jeff

US v. Bastide-Hernandez

 

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

In the words of Ninth Circuit Judge Michelle Friedland (Obama appointee): “[I]t better serves clarity, efficiency, and due process to include the time and location of the hearing in an NTA in the first instance.” 

What if we had an EOIR where all judges at the trial and appellate levels and all senior administrators were unswervingly committed to due process, fundamental fairness, and best practices?

Instead, we have a dysfunctional organization where DHS’s wishes, perceived expediency, and keeping the “political bosses” happy (thus providing “job security”) triumphs over the public interest and the cause of justice. Currently, we’re “saddled” with a broken system that sees Immigration Court as a “soft deterrent” rather than a dispenser of justice could actually make our immigration, human rights, and justice system run more smoothly by applying fair procedures and “best interpretations.” That would facilitate the legal admission of many more migrants, while starting to “disempower smugglers,” cut backlog, discourage poor practices at DHS Enforcement, promote consistency, and keep many disputes that should be resolved in favor of respondents out of the Article IIIs!

Better, more reasonable administrative precedents that adhered to the proper interpretations of asylum and protection laws and provided positive guidance on how to apply them to recurring situations would also “leverage” the Asylum Office by allowing many more cases to be granted at the first level. As long as the current lousy BIA precedents prevail, far too many cases will just be denied at the AO level and referred to Immigration Court — making it a colossal waste of time. “So-called streamlining” will only work if it results in significantly more AO grants of protection!

We “win some, lose some.” But, our Round Table’s cause is justice; we’re not going to give up until this system makes the long overdue, radical personnel, procedural, attitude, and “cultural” changes necessary to become the “best that it can be!” 

That means fulfilling the Immigration Courts’ once and future vision of “through teamwork and innovation become the world’s best tribunals guaranteeing fairness and due process for all.” 

Bonus Coverage:

“Sir Jeffrey’s” skills aren’t confined to the legal arena. Here are some pictures he took from his balcony of last night’s “Super Moon:”

Super Moon
“Super Moon”
July 13, 2022
By Hon. Jeffrey S. Chase

🇺🇸 Due Process Forever!

PWS

07-14-22

  

Related posts:

  1. ⚖️🗽🧑🏽‍⚖️”MEDLEY OF INJUSTICE” — CIRCUITS CONTINUE TO LOWER HAMMER 🔨 ON BIA: Anti-Asylum Misogyny; Illegal & Incredibly Stupid “Policies;” “Perplexing” Lack Of Legal Knowledge Highlighted In Latest Batch Of Reversals! — “Attempted rape by a gang of men, in broad daylight on a public street, is especially terrorizing because it powerfully demonstrates the perpetrator’s domination, control over the victim and imperviousness to the law. Requiring evidence of additional harms both minimizes the gravity of the sexual assault and demeans the victim.”
  2. 🆘🤮IS 11TH CIR. GROWING WEARY OF GARLAND’S SCOFFLAW BIA? —Two Trips To The Circuit, & The BIA Still Violates Own Regulations, Ignores Precedent, Spouts Gibberish While OIL’s Defense Of This Nonsense & Malfeasance By EOIR Raises Serious Ethical Questions! — THAMOTAR v. U.S. ATT’Y GEN. — Garland’s Dysfunctional & Systematically Unjust Courts Undermine OUR Democracy☠️ — Demand An IMMEDIATE End To The Scofflaw Nonsense🤡 🧹 At OUR Justice Department! 🏴‍☠️
  3. ☹️HE BEAT THE GOVERNMENT TWICE IN COURT — But, After Three Years In Jail Without Being Charged With Any Crime, Omar Ameen Still Can’t Get A Bond From Garland’s Courts —  How Can A System Where The Prosecutor Makes The Rules & Picks The Judges, Mostly From The Ranks Of Former Prosecutors, Provide The “Fair & Impartial Judging” Required By Due Process?
  4. ⚖️🗽🧑🏽‍⚖️CAMILLE J.  MACKLER @ JUST SECURITY “GETS IT!” — How Come Judge Garland & The Biden Administration Don’t? — “If we want to re-build a better, stronger immigration system, we need to start with immigration courts.” — Get Involved! Get Angry! Say No To Institutionalized Racism, Misogyny, & Dehumanization (“Dred Scottification”) @ EOIR! Force Judge Garland To Pay Attention! Demand Change, Now!

⚖️THE GIBSON REPORT — 07-11-22 —  Compiled By Elizabeth Gibson, Esquire, Managing Attorney, NIJC — Glimpses Of Some Failing Righty Federal Judges & An Administration That Lacks A Bold Plan For Improving Immigration, Human Rights, & Racial Justice, Particularly @ EOIR!

Elizabeth Gibson
Elizabeth Gibson
Managing Attorney
National Immigrant Justice Center
Publisher of “The Gibson Report”

See More from Elizabeth Gibson

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)

  • ◦NEWS
  • ◦LITIGATION & AGENCY UPDATES
  • ◦RESOURCES
  • ◦EVENTS

 

PRACTICE UPDATES

 

Federal Office Mask Requirements Fluctuate Day-to-Day

USCIS: Where community levels are high, all federal employees and contractors—as well as visitors two years old or older—must wear a mask inside USCIS offices and physically distance regardless of vaccination status. Chicago is no longer listed as High. NYC is now listed as High. Check CDC Level for Your Region.

 

DHS Announces Extension of Temporary Protected Status for Venezuela

DHS: The 18-month extension of TPS for Venezuela will be effective from September 10, 2022, through March 10, 2024. Only beneficiaries under Venezuela’s existing designation, and who were already residing in the United States as of March 8, 2021, are eligible to re-register for TPS under this extension.

 

NEWS

 

Abbott tests feds by urging Texas troopers to return migrants to border

WaPo: Texas Gov. Greg Abbott ordered state National Guard soldiers and law enforcement officers Thursday to apprehend and return migrants suspected of crossing illegally back to the U.S.-Mexico border, testing how far his state can go in trying to enforce immigration law — a federal responsibility.

 

Children separated from relatives at the border could be reunited under new Biden program

LATimes: The new effort, called the Trusted Adult Relative Program, is being tested at a Border Patrol station in Texas, according to three sources who were not authorized to speak publicly. A Department of Homeland Security official, who spoke on the condition of anonymity, said a few dozen children have been reunified with family members since the program began in May. Agency officials said the program utilizes existing procedures to unify families in an efficient way.

 

Detention Transfers Separate Immigrants from Legal Representation

Documented: ICE is moving New Jersey immigrants like Hercules Aleman – who face charges in criminal or family court – to out-of-state immigration detention facilities. But the agency is usually not notifying the group of immigration legal providers funded by the state to represent these detained immigrants.

 

Biden administration asks Supreme Court to stay court order blocking it from setting immigration enforcement priorities

CNN: The Biden administration asked the Supreme Court on Friday to stay a court order blocking the Department of Homeland Security from implementing immigration enforcement priorities — potentially setting up Justice Ketanji Brown Jackson’s first vote since joining the court.

 

Patrol agents on horseback did not whip migrants, but used force and inappropriate language, investigators say

Politico: The nine-month investigation, which culminated in a 511-page report by the department, found no evidence that agents used horse reins to strike people during an “unprecedented surge in migration” of about 15,000 Haitians near the international bridge. However, agents acted in unprofessional and dangerous ways, including an instance in which an agent “maneuvered his horse unsafely near a child,” investigators wrote.

 

ICE Currently Holds 23,156 Immigrants in Detention, Alternatives to Detention Growth Slows

TRAC: According to the latest data released by Immigration and Customs Enforcement (ICE), the agency held 23,156 immigrants in detention on July 5, 2022. Of these, 17,116 were arrested by Customs and Border Protection (CBP) while 6,040 were arrested by ICE agents. Detention numbers have increased slightly from about 20,000 in early 2022 to now hovering around 24,000, but have not otherwise seen significant growth that would lead to the large numbers of immigrants that were detained prior to the pandemic when the detained population topped out at more than 60,000.

 

Criminal Immigration Referrals Up from the Border Patrol

TRAC: The number of criminal referrals sent by the Border Patrol and other Customs and Border Protection (CBP) officers have recently begun to rise. Detailed case-by-case government records obtained by TRAC after successful litigation show that during April 2022, CBP referred 2,015 individuals for criminal prosecution to federal prosecutors. This is the first time referrals topped the 2,000 mark since the pandemic began slightly more than two years ago. Levels in April 2022 were up 31 percent from one year earlier when in April 2021 there were a total of 1,537 criminal referrals from CBP.

 

He Had a Dark Secret. It Changed His Best Friend’s Life.

NYT: Extensive details of their years together were also left behind in grainy snapshots, police reports, immigration forms, nonprofit records, court transcripts and old emails. See also The Story of 2 Homeless Men and the Meaning of Friendship.

 

LITIGATION & AGENCY UPDATES

 

5th Circ. Won’t Reinstate Biden’s Bid To Narrow ICE Ops

Law360: The Fifth Circuit refused to reinstate the Biden administration’s attempt to narrow the number of immigrants prioritized for removal, splitting sharply from the Sixth Circuit to find that the effort likely violated federal immigration law.

 

Unpub. CA2 CAT Remand (El Salvador)

LexisNexis: [T]he agency failed to consider and explain the impact of evidence that the Salvadoran government’s efforts in the “war on the gangs” had not been successful, such that gang members operate with impunity and security forces commit extrajudicial killings of suspected gang members, both of which pose threats to Giron.

 

CA9, En Banc: Bastide-Hernandez II (Immigration Court Subject Matter Jurisdiction)

LexisNexis: Consistent with our own precedent and that of every other circuit to consider this issue, we hold that the failure of an NTA to include time and date information does not deprive the immigration court of subject matter jurisdiction, and thus Bastide-Hernandez’s removal was not “void ab initio,” as the district court determined.

 

9th Circ. Says Man’s Residency Bid Nixed By Retroactive Law

Law360: The Ninth Circuit on Friday declined to review a Mexican man’s bid to vacate a deportation order, saying he should have applied for a green card before a law preventing inadmissible individuals from becoming lawful permanent residents took effect.

 

CA9 on Credibility: Barseghyan v. Garland

LexisNexis: The BIA affirmed based upon the IJ’s adverse credibility determination. We grant Barseghyan’s petition for review because three out of four inconsistencies relied upon by the BIA are not supported by the record.

 

Unpub. BIA AgFel/COV Victory: TX Penal Code

LexisNexis: [W]e find that the respondent’s conviction for injury to a child in violation of Texas Penal Code § 22.04(a)(3), does not require “physical force” as defined in 18 U.S.C. § l6(a), and interpreted in Johnson and Stokeling. Thus, the respondent has not been convicted of a crime of violence aggravated felony and is not barred from establishing her eligibility for cancellation of removal.

 

ICE Agrees To Stop Use Of Contractors In California Arrests

Law360: Private contractors will no longer be used by U.S. Immigration and Customs Enforcement to make immigration arrests at California jails and prisons, as part of a settlement ICE reached with a detainee represented by the American Civil Liberties Union.

 

ICE Agent Charged In Scheme To Harass China’s Critics

Law360: A 15-year U.S. Department of Homeland Security veteran and an agent who retired from the agency gave secret information to Chinese spies engaged in a harassment and repression campaign against U.S.-based critics of the Chinese government, the U.S. Department of Justice said Thursday.

 

USCIS 30-Day Notice of Comment Period for Form I-765

AILA: USCIS notice of additional period for comment on revision of Form I-765. Comments will be accepted until 8/8/22.

 

CIS Ombudsman Provides Tips for Form I-130 to Avoid Delays and Extra Fees

AILA: The CIS Ombudsman’s Office provides a reminder that USCIS updated the special instructions on its Form I-130, Petition for Alien Relative page to help filers ensure that USCIS sends their form to the correct location after it is approved.

 

 

RESOURCES

 

 

EVENTS

 

 

To sign up for additional NIJC newsletters, visit:  https://immigrantjustice.org/subscribe.

 

You now can change your email settings or search the archives using the Google Group. If you are receiving this briefing from a third party, you can visit the Google Group and request to be added.

 

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

www.immigrantjustice.org | Facebook | Twitter

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

Federal Courts at all levels continue to lose credibility because of their adherence to a biased far-right agenda that is bad for American democracy. 

Let’s see, the BIA manufactures inconsistencies to reach a bogus “adverse credibility” ruling in an asylum case (9th Cir.). They also ignore clear evidence of the complicity/total ineptitude of the Salvadoran Government in a CAT case (2d Cir.).

Folks, these aren’t contract cases, property disputes, commercial squabbles, or minor misdemeanors. They are life or death matters — persecution and/or torture can result in extreme pain, suffering, permanent damage, and death. Serious matters require serious judging by qualified exert judges!

Meanwhile, a righty panel of poorly qualified 5th Circuit  judges drives over established law on Executive prosecutorial discretion to uphold Trump toady Judge Drew Tipton’s clearly wrong-headed attempt to wrest control of ICE enforcement away from the Biden Administration. This gross judicial malpractice is nothing short of a national disgrace that impugns the integrity of the entire Article III Judiciary.

There are still far too many examples of how Garland is contributing to the problem by failing to root out the deadwood (and worse) at EOIR. He should be bringing in new judicial talent committed to due process, scholarship, and best practices. 

A “Better EOIR” would not only begin fixing many of the legal and practical problems plaguing our immigration, human rights, and racial justice systems in America, but also could “model” a better American judiciary for the future. It would be a training ground for future, better qualified, Article III judicial appointments: Folks who actually understand and respect delivering justice at the “retail level” and are committed to serving humanity, not kowtowing to party bosses or wooden, perverse, retrograde ideologies.

It is possible for good judges to solve problems rather than creating them or making them infinitely worse. But, you sure wouldn’t say that is happening with today’s out of touch, ivory tower, and poorly performing Federal Judiciary. A better EOIR could keep cases out of the Circuits, thereby eliminating the opportunity for right-wing ideologues to screw up immigration and human rights laws in their White nationalist restrictionist crusade!

This is a judiciary now dominated by far too many right wing judges who got their jobs by demonstrating a commitment to far righty ideology and furthering the GOP’s political agenda rather than by distinguished legal careers that exemplified courage and improving humanity by insuring fair and reasonable applications and interpretations of the law.

🇺🇸Due Process Forever!

PWS

07-13-22

Related posts:

  1. ⚖️ THE GIBSON REPORT — Compiled By Elizabeth Gibson, Esquire, Managing Attorney, NIJC: Stephen Miller Was Even More Of A Disreputable Scofflaw! — 9th Halts BIA’s “Rote Formula” For Improperly Denying CAT W/O Meaningful Analysis — EOIR In Louisiana Continues To Be “Death Valley” ☠️⚰️  For Asylum Seekers:  “‘I feel that the big problem we face today is that there is a real dehumanization of the entire process,’ said Mich Gonzalez, Associate Director of Advocacy at the Southern Poverty Law Center.”
  2. HOW “AMERICA’S KILLER COURTS” PROMOTE “CRIMES AGAINST HUMANITY” — HUMAN RIGHTS WATCH: TRUMP & HIS WHITE NATIONALIST SYCOPHANTS & TOADIES TOUT LAWLESS POLICIES THAT VIOLATE LEGAL OBLIGATIONS & HELP KILL, RAPE, TORTURE THOSE RETURNED TO EL SALVADOR — Supremes & Article III Judiciary Complicit In Gross Human Rights Violations! 
  3. 🧑🏽‍⚖️⚖️🗽🇺🇸WHO’S JUDGE IS IT ANYWAY? — The Crisis Of Independence In Our Immigration Courts! — Coming April 7, 2021! — Sponsored By The HNBA! — Don’t Miss It!
  4. ⚖️🧑🏽‍⚖️JUDICIAL REVIEW — C.A. 2 — Brace Of Bad BIA Bobbles On Basics Brings “Culture Of Denial” Into Focus — Justice Will Continue To Be Illusive @ EOIR 👎🏽 Until Garland Steps Up & Replaces His Fatally Flawed BIA With Real Judges Who Are Progressive Practical Scholars In Immigration, Due Process, Human Rights, With A Firm Commitment To Bringing Racial & Gender Equity To Now-Disgraced Immigration Courts!🤮

Opinion | Why So Many Children of Immigrants Rise to the Top – The New York Times

 

https://www.nytimes.com/interactive/2022/07/11/opinion/immigrants-success-america.html?campaign_id=39&emc=edit_ty_20220711&instance_id=66331&nl=opinion-today&regi_id=79213886&segment_id=98188&te=1&user_id=8a1f473740b253d8fa4c23b066722737

Why So Many Children of Immigrants Rise to the Top

July 11, 2022

pastedGraphic.png

By Peter Coy

Peter Coy writes about economics for Opinion.

The lack of a shared set of facts about immigration makes it easy for accusatory and often false messages to echo loudly in the run-up to the midterm elections. J.D. Vance, a leading Republican candidate for Ohio’s open Senate seat, claimed in a recent advertisement that “Joe Biden’s open border is killing Ohioans, with more illegal drugs and more Democrat voters pouring into this country.” Representative Paul Gosar of Arizona has described immigration as “full scale invasion.” Tucker Carlson of Fox News told a guest on his show in 2017: “Go to Lowell, Mass., or Lewiston, Maine, or any place where large numbers of immigrants have been moved into a poor community, and it hasn’t become richer. It’s become poorer. That’s real.”

A new book, “Streets of Gold: America’s Untold Story of Immigrant Success,” by two economists, Ran Abramitzky of Stanford and Leah Boustan of Princeton, should undercut some of the fearmongering. They linked census records to pull together what they call “the first set of truly big data about immigration.”

Using the data set, Mr. Abramitzky and Ms. Boustan were able to compare the income trajectories of immigrants’ children with those of people whose parents were born in the United States. The economists found that on average, the children of immigrants were exceptionally good at moving up the economic ladder.

Immigrants and their children are assimilating into the United States as quickly now as in the past, the economists found. That’s in line with recent research into the effects of immigration. While “first-generation immigrants are more costly to governments than are the native-born,” according to a 2017 report by the National Academies of Sciences, Engineering and Medicine, the “second generation are among the strongest fiscal and economic contributors in the U.S.”

Second-generation-immigrant success stories have long been a part of America’s history. Looking at census records from 1880, the researchers found that men whose fathers were low-income immigrants made more money as adults than the sons of low-income men born in the United States. (They focused on sons because it was harder to track women from one census to the next, since so many adopted their husbands’ names at marriage.) Because of privacy restrictions, they had access to individual data only through the 1940 census. They used other sources for subsequent years.

Mr. Abramitzky and Ms. Boustan observed the same pattern a century later. Children born around 1980 to men from Mexico, India, Brazil and almost every other country outearned the children of U.S.-born men.

“America really does have golden streets that allow immigrants to quickly make more than they could have earned at home,” they write. But, they add, “moving up the economic ladder in America — and catching up to the U.S.-born — takes time.”

Once Mr. Abramitzky and Ms. Boustan found abundant evidence of second-generation immigrants’ upward mobility, they tried to figure out why those children did so well.

They arrived at two answers. First, the children had an easy time outdoing parents whose careers were inhibited by poor language skills or a lack of professional credentials. The classic example is an immigrant doctor who winds up driving a cab in the United States.

Second, immigrants tended to settle in parts of the country experiencing strong job growth. That gave them an edge over native-born Americans who were firmly rooted in places with faltering economies. Immigrants are good at doing something difficult: leaving behind relatives, friends and the familiarity of home in search of prosperity. The economists found that native-born Americans who do what immigrants do — move toward opportunity — have children who are just as upwardly mobile as the children of immigrants.

The changing geography of immigration

European immigrants

flocked to factory jobs in

the Midwest …

Germans, Italians

and Irish people

followed millions of

U.S.-born Americans

to the West Coast.

Each dot represents

10 people

… and largely avoided the faltering economy of the rural South during the Jim Crow era.

Many Asian

immigrants joined

family members who

were already in the

United States in the

1970s and 80s.

Recent immigrants

followed job opportunities

to urban areas.

Latino immigrants

drove population growth

in the Southwest.

About 125,000 Cubans

landed in Florida during the Mariel boatlift.

Sources: Ran Abramitzky, Leah Boustan

Looking at maps of where immigrants have settled at different points in time, it’s clear that those regions were also areas of productivity and economic growth. In 1910, European immigrants went to work in the factories of the Midwest and New England. In 1980, immigrants from elsewhere in the Americas filled jobs in rapidly growing parts of Texas, New Mexico, Arizona, California and Florida.

If immigrants are so upwardly mobile, why doesn’t it seem that way? One reason is that there are more newcomers than there have been in decades and most haven’t had time yet to get ahead. The share of foreign-born people in the United States is back to the levels of the first two decades of the 20th century.

Share of the U.S. population that was born abroad

1850

1870

1890

1910

1930

1950

1970

1990

2010

0

5

10

15%

Ireland

Mexico

Germany

Canada

Africa

Middle East

Americas

Europe

Asia

Other

1921 Congress creates country-based immigration quotas.

1965 Congress rolls back quotas.

Sources: Ran Abramitzky, Leah Boustan

Another reason is that most immigrants are arriving well below native-born Americans socioeconomically. They are more likely, Mr. Abramitzky and Ms. Boustan found, than immigrants of the past to come from countries that are significantly poorer than the United States, including El Salvador, India and Vietnam. But it’s those immigrants who start at the bottom who ascend the most. In contrast, affluent, educated immigrants tend to be the least upwardly mobile, simply because they’re already at or near the top.

Mr. Abramitzky and Ms. Boustan dispute the argument that immigrants frequently take jobs from native-born Americans. Less skilled immigrants gravitate toward jobs for which there is relatively little competition from native-born Americans, such as picking crops, while highly skilled immigrants often create more jobs for native-born Americans by starting businesses and inventing things, they write.

The research of Mr. Abramitzky and Ms. Boustan has made headlines before, but in their new book they broaden and deepen the narrative with excerpts from diaries and oral histories of immigrants. Signe Tornbloom, 18, a daughter of hardscrabble Swedish farmers, immigrated alone in 1916 after receiving a letter that said, more or less: “Well, you’d better come over here. Everything is much better than it is at home.”

The notion that immigrants have become a permanent underclass, isolated from the American mainstream, is popular among immigration restrictionists — as well as among some pro-immigration groups that say immigrants need more help to break out of poverty. The truth is that today’s immigrants are advancing just as swiftly as those of the past. “The American dream,” Mr. Abramitzky said in an interview, “is just as alive now as it was a century ago.”

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

Check out the full article and some really nifty graphics at the link.

🇺🇸Due Process Forever!

PWS

07-11-22

Related posts:

  1. 📚BOOKS:  “Streets of Gold: America’s Untold Story of Immigrant Success” By Ran Abramitzky and Leah Boustan — Reviewed By Michael Luca @ WashPost!
  2. ⚖️THE GIBSON REPORT — 06-13-22 — Compiled By Elizabeth Gibson, Esquire, Managing Attorney, NIJC — Biden Administration’s Increase In Haitian Deportations Undermines “Los Angeles Declaration” From The Git Go — “Do As I Say, Not As I Do,” Still Administration’s “Message” On Immigration, Racial Justice, Human Rights!
  3. EUGENE ROBINSION @ WASHPOST & DAVID BROOKS @ NY TIMES: GOP IMMIGRATION RESTRICTIONISTS’ PROPOSALS TO CUT LEGAL IMMIGRATION LEVELS HAVE NO RATIONAL BASIS! – That’s Going To Be A Big Problem In Trying To Forge A “Compromise!”
  4. TRUMP IS FULL OF IT, BUT OUR COUNTRY ISN’T – Outside The White Nationalist World, Nearly All Experts Agree That We Need More Immigration

⚖️🗽NDPA: LAW YOU CAN USE: Leading Light 💡 Michelle Mendez @ NIPNLG With Practice Commentary On Matter of E-F-N-, 28 I&N Dec. 591 (BIA 2022) — PLUS BONUS COVERAGE: Links To NIPNLG Practice Advisories On 1) Overcoming Bars To Relief; 2) Post-Conviction Relief Motions; 3) Advocating For PD Under The “Doyle Memo”

Michelle N. Mendez
Michelle N. Mendez, ESQ
Director of Legal Resources and Training
National Immigration Project, National Lawyers Guild
PHOTO: NIPNLG

Michelle writes:

Sent: Wednesday, July 6, 2022 7:38 PM

 

While the facts were definitely bad in this case, I do think the decision provides a helpful framework for a fairly common issue–impeachment leading to adverse credibility– whereas before we did not have a framework and relied on the Federal Rules of Evidence. Through this decision, we now know and can argue that impeachment evidence may contribute to a credibility determination only where the evidence is probative and its admission is not fundamentally unfair, and the witness is given an opportunity to respond to that evidence during the proceedings. It is up to us to enforce these limitations. Furthermore, note a few helpful footnotes. Footnote 3 notes that proceedings were continued after DHS submitted impeachment evidence and both parties were given the opportunity to provide evidence and argument. This is what should happen. Footnote 4 refers to DHS correctly using the evidence as impeachment evidence as opposed to submitting late-filed evidence under the guise of impeachment, which is what usually happens and we must object to. Footnote 5 reminds us to  challenge the IJ’s determination that the border official’s notes are accurate and reliable pursuant to Matter of J-C-H-F-, 27 I&N Dec. 211, 216 (BIA 2018), which is a case we cover during our trial skills trainings. All in all, a bad outcome for this respondent, but a helpful case to the rest of us who want to avoid a similar outcome. 

pastedGraphic.png Michelle

 N. Méndez | she/her/ella/elle

Director of Legal Resources and Training

National Immigration Project of the National Lawyers Guild

Address: 2201 Wisconsin Ave. NW, Suite 200

Washington, DC 20007

Cell: 540-907-1761

Based in Baltimore, MD; admitted in MD only

www.nipnlg.org

 | @nipnlg

GIVE NOW for justice!

If you found the contents of this email helpful to you or your practice, please consider becoming an NIPNLG member

here.

Here’s a link to Matter of E-F-N-:

https://www.justice.gov/eoir/page/file/1516746/download

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

Thanks Michelle, my friend! Please note that Michelle is now Director of Legal Resources & Training at NIPNLG and has provided her new contact information above.

NDPA advocates should also check out these other recent practice advisories from Michelle and her terrific team that transitioned from CLINIC to NIPNLG, two of which were in partnership with ILRC:

Practice Advisory: Understanding and Overcoming Bars to Relief Triggered by a Prior Removal Order (June 29, 2022):

https://nipnlg.org/PDFs/practitioners/practice_advisories/gen/2022_29June-removal-related-bars.pdf

Practice Advisory: Post-Conviction Relief Motions to Reopen (June 24, 2022):

https://nipnlg.org/PDFs/practitioners/practice_advisories/pr/2022_24June-advisory-PCR-MTR.pdf

Practice Advisory: Advocating for Prosecutorial Discretion in Removal Proceedings Under the Doyle Memo (June 21,  2022):

https://nipnlg.org/PDFs/practitioners/practice_advisories/crim/2022_21June-Doyle-memo-advisory.pdf

A few more points:

  • I always offered the respondent a continuance to examine the impeachment evidence. However, few took my offer. I think that was because:
        • For those in detention, it meant further extending the period of detention;
        • For those on the always backlogged non-detained docket, continuances often meant months before the hearing could resume.
    • Instead, most counsel just took my offer of a short recess to examine the evidence and discuss it with the respondent.
    • As Michelle points out, it will be up to counsel to insure that these rules are enforced. In the “rush to deny for any reason” — still a major “cultural” problem at EOIR that Garland has failed to systemically address — precedents and aspects of precedents favorable to the respondent are too often ignored, glossed over, or distinguished on bogus grounds. It’s up to the NDPA to “hold EOIR Judges’ and ICE ACCs’ feet to the fire” on these points!
    • Garland had a chance to bring in folks like Michelle and other NDPA superstars to “clean up” EOIR and restore first class scholarship, due process, and fundamental fairness as the mission, but failed to do so. The results of his failure are pretty ugly, especially for those individuals seeking justice in a dysfunctional system where fair, legally correct results are a “crap shoot” 🎲 — at best! It doesn’t have to be that way!

🇺🇸 Due Process Forever!

PWS

07-10-22

Related posts:

  1. ⚖️🧑🏽‍⚖️JUDICIAL REVIEW — C.A. 2 — Brace Of Bad BIA Bobbles On Basics Brings “Culture Of Denial” Into Focus — Justice Will Continue To Be Illusive @ EOIR 👎🏽 Until Garland Steps Up & Replaces His Fatally Flawed BIA With Real Judges Who Are Progressive Practical Scholars In Immigration, Due Process, Human Rights, With A Firm Commitment To Bringing Racial & Gender Equity To Now-Disgraced Immigration Courts!🤮
  2. ⚖️👩🏽‍⚖️ MORE NDPA CLE: Ellsberg, Harris, Schmidt, Among Headliners @ Inaugural Fourth Circuit Asylum Law Conference @ William & Mary Law on March 11!
  3. THE TRUTH IS OUT, THANKS TO MICHELLE MENDEZ @ CLINIC: Practice Pointers on Matter of Castillo-Perez & “Takeaways” From FOIA Trove On In Absentias!
  4. 🆘🤮IS 11TH CIR. GROWING WEARY OF GARLAND’S SCOFFLAW BIA? —Two Trips To The Circuit, & The BIA Still Violates Own Regulations, Ignores Precedent, Spouts Gibberish While OIL’s Defense Of This Nonsense & Malfeasance By EOIR Raises Serious Ethical Questions! — THAMOTAR v. U.S. ATT’Y GEN. — Garland’s Dysfunctional & Systematically Unjust Courts Undermine OUR Democracy☠️ — Demand An IMMEDIATE End To The Scofflaw Nonsense🤡 🧹 At OUR Justice Department! 🏴‍☠️

⚖️THE GIBSON REPORT — 07-05-22 — Compiled By Elizabeth Gibson, Esquire, Managing Attorney, NIJC

Elizabeth Gibson
Elizabeth Gibson
Managing Attorney
National Immigrant Justice Center
Publisher of “The Gibson Report”

pastedGraphic.png

 

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)

  • ◦NEWS
  • ◦LITIGATION & AGENCY UPDATES
  • ◦RESOURCES
  • ◦EVENTS

 

NEWS

 

‘Remain in Mexico’ policy will continue for several weeks, Mayorkas says

Politico: “We need to wait until the Supreme Court’s decision is actually communicated to the lower court, to the federal District Court and the Northern District of Texas, and, once that occurs, the District Court should lift its injunction that is preventing us from ending the program,” Mayorkas told ABC’s Martha Raddatz.

 

4 people have been charged in the Texas semitruck smuggling operation that left 53 migrants dead

CNN: Four people have been arrested and charged after 53 migrants died in what one Homeland Security Investigations agent called the deadliest human smuggling incident in US history. The migrants were found in sweltering conditions inside a semitruck in San Antonio on Monday after an employee at a nearby building heard cries for help. See also Deadly Migrant Smuggling Case in Texas Raises Border Policy Concerns.

 

Ending a Decade-Long Decline, More Mexicans Are Migrating to U.S.

NYT: After declining for more than a decade, the number of Mexicans seeking to migrate to the United States is surging. Since 2020, a combination of growing violence across Mexico and a worsening economy has led to the first jump in Mexican migration in a decade.

 

Growing Numbers of Children Try To Enter the U.S.

TRAC: New data obtained by TRAC from U.S. Border Patrol (BP) reveals a detailed portrait of the enormous growth in children encountered by BP officers at the US-Mexico border over the past fifteen years. Since FY 2008 there has been a seventeen-fold rise in the numbers of BP apprehensions who are unaccompanied children. See also “No Place for A Child”: In cells built for adults, one-third are child migrants.

 

White House Reviewing Immigration Fee Changes

Law360: The White House is reviewing upcoming changes to the fees U.S. Citizenship and Immigration Services charges immigrants seeking citizenship and other immigration benefits, with an eye to releasing the proposal in September for public feedback.

 

Biden’s pick for ICE director withdraws nomination

Politico: The nomination of Ed Gonzalez, the sheriff of Harris County, Texas, has long been doomed, as multiple Democrats remained undecided.

 

Immigration judge hired during Trump era accuses Biden admin of ousting conservative appointees

Fox: Matthew O’Brien, who was appointed in 2020 as an immigration judge, is a former research director at the Federation for American Immigration Reform (FAIR), a group that calls for lower levels of immigration overall and stricter border policies.

 

Ellis Island immigrants weren’t special — today’s newcomers succeed just as quickly

WaPo: Armed with the genealogists’ data, Boustan and Abramitzky have methodically dismantled the myths that have grown up around past generations and revealed some surprising truths. On the whole, immigrants struggle, fail, succeed and assimilate at similar rates. And the ones who assimilate fastest and whose children improve their lot the most are often the ones who faced the most contempt upon arrival.

 

California first to cover health care for all immigrants

AP: California on Thursday became the first state to guarantee free health care for all low-income immigrants living in the country illegally, a move that will provide coverage for an additional 764,000 people at an eventual cost of about $2.7 billion a year.

 

LITIGATION & AGENCY UPDATES

 

Biden v. Texas on MPP

SCOTUSblog: The government’s rescission of Migrant Protection Protocols did not violate Section 1225 of the Immigration and Nationality Act, and the then-Secretary of Homeland Security’s Oct. 29 memoranda constituted valid final agency action.

 

Rescission of Matter of Z-R-Z-C- as an Adopted Decision; agency interpretation of authorized travel by TPS beneficiaries

USCIS: TPS beneficiaries whom DHS has inspected and admitted into TPS under MTINA, subsequent to that inspection and admission, will have been “inspected and admitted” and are “present in the United States pursuant to a lawful admission,” including for purposes of adjustment of status under INA 245. This is true even if the TPS beneficiary was present without admission or parole when initially granted TPS.

 

Matter of E-F-N-, Impeachment Evidence

BIA: An  Immigration  Judge  may  rely  on  impeachment  evidence  as  part  of  a  credibility  determination  where  the  evidence  is  probative  and  its  admission  is  not  fundamentally  unfair,  and  the  witness  is  given  an  opportunity  to  respond  to  that  evidence  during  the  proceedings.

 

2nd Circ. Reverses BIA On Dual Citizen Refugee Question

Law360: The Second Circuit held on Tuesday that a dual national asylum-seeker can qualify as a refugee by showing persecution in just one of their countries of nationality, reversing a lower tribunal’s decision.

 

CA3 on Expedited Removal

CA3: For the reasons that follow, we hold that we have jurisdiction to review Barradas-Jacome’s legal argument in the first instance because DHS’s expedited removal procedures do not allow aliens to challenge the legal basis for their removal. We  also  hold  that  Barradas-Jacome’s  state  conviction [for receiving stolen property]  is  an  aggravated felony under the Immigration and Nationality Act(INA), 8 U.S.C. § 1101(a)(43)(G). So we will deny his petition for review.

 

CA4 on Venue: Herrera-Alcala v. Garland

LexisNexis: During the video conference hearing, Herrera-Alcala was in the Fifth Circuit (Louisiana) and the Immigration Judge was in the Fourth Circuit (Virginia). … Venue under § 1252(b)(2) depends on the location of the Immigration Judge. And the Immigration Judge was in Falls Church, Virginia, making venue proper in the Fourth Circuit.”

 

Unpub. CA5 Niz-Chavez VacRem: Tamayo-Lara v. Garland

LexisNexis: We have recently concluded, however, that the BIA’s reading of Section 1229(a) in Matter of Pena-Mejia is “directly contrary to the Supreme Court’s interpretation of § 1229(a) in Niz-Chavez [v. Garland, 141 S. Ct. 1474 (2021),] which made clear that subsequent notices may not cure defects in an initial notice to appeal.” Rodriguez, 15 F.4th at 355. Thus, we conclude the NTA served on Tamayo-Lara failed to meet the notice requirements of Section 1229(a), and the BIA abused its discretion by failing to reopen Tamayo-Lara’s proceedings. We GRANT Tamayo-Lara’s petition, VACATE the BIA’s decision, and REMAND for further proceedings.”

 

CA6 on Stay of Removal: Rondon Antonio v. Garland

LexisNexis: Whether these issues satisfy the standard to grant Rondon Antonio’s petition is a question that goes to the ultimate merits which we do not address at this juncture. But his claim is far from frivolous and, in light of his strong showing of irreparable harm, his arguments present a sufficient likelihood of success to weigh in favor of granting a stay pending an appeal on the merits.

 

9th Circ. Says TPS Isn’t ‘Admission’ To US For Removal Relief

Law360: The Ninth Circuit ruled that an ex-temporary protected status holder does not qualify for deportation relief available to long-term residents, saying his receipt of the protected status wasn’t an “admission” to the U.S. that allowed him to begin accruing residency.

 

9th Circ. Says Salvadoran Ineligible For 2nd Deportation Relief

Law360: The Ninth Circuit affirmed a Board of Immigration Appeals decision rejecting a Salvadoran man’s second request for deportation relief, saying he was granted a cancellation of a removal order that rendered him ineligible for a second grant under another law.

 

Documents Relating to Flores v. Reno Settlement Agreement on Minors in Immigration Custody

AILA: The parties reached a settlement to resolve plaintiffs’ motion to enforce, agreeing on standards for medical and physical care as well as legal and educational services the government must provide children held in emergency intake sites (EISs). (Flores, et al. v. Garland, et al., 6/22/22)

 

Judge says NYC can’t let noncitizens vote in city elections

AP: Immigrant rights advocates decried the ruling and were looking ahead to a potential appeal…More than a dozen communities across the United States allow noncitizens to cast ballots in local elections, including 11 towns in Maryland and two in Vermont. In San Francisco, noncitizens can vote in school board races; New York City allowed the same for three decades, until its school board was disbanded in 2002. Meanwhile, Alabama, Colorado and Florida have in recent years adopted rules that would preempt any attempts to pass laws like the one in New York City. Arizona and North Dakota already had prohibitions on the books.

 

White House Releases Memo Extending and Expanding Eligibility for DED for Liberians

AILA: The White House announced the grant of DED and employment authorization through 6/30/24 for Liberian DED beneficiaries as of 6/30/22, and Liberian nationals who have been continuously present in the U.S. since 5/20/17. (87 FR 38871, 6/29/22)

 

RESOURCES

 

 

EVENTS

 

 

To sign up for additional NIJC newsletters, visit:  https://immigrantjustice.org/subscribe.

 

You now can change your email settings or search the archives using the Google Group. If you are receiving this briefing from a third party, you can visit the Google Group and request to be added.

 

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

www.immigrantjustice.org | Facebook | Twitter

 

 

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

Thanks, Elizabeth!

🇺🇸 Due Process Forever!

PWS

07-07-22

Related posts:

  1. THE GIBSON REPORT:  05-09-22 — Compiled By Elizabeth Gibson, Esquire, Managing Attorney, National Immigrant Justice Center — HEADLINERS: 2d Cir. Reverses BIA On CIMT; Texas AG Targets Legal Assistance To Migrants; EOIR “Friend of Court” Memo; Lack Of Immigrants Hurting U.S. Economy — PLUS BONUS COVERAGE:  New Legal Aid Alliance Aims to Build a Model for Universal Representation for Detained Immigrants!
  2. ⚖️THE GIBSON REPORT — 05-23-22 — Compiled By Elizabeth Gibson, Esquire, Managing Attorney, National Immigrant Justice Center — Contrary To Myth, Vast Majority of Released Migrants Appear For Hearings; Trump Judges Continue Cruel, Illegal, Racially Motivated Programs!
  3. ⚖️ THE GIBSON REPORT — Compiled By Elizabeth Gibson, Esquire, Managing Attorney, NIJC: Stephen Miller Was Even More Of A Disreputable Scofflaw! — 9th Halts BIA’s “Rote Formula” For Improperly Denying CAT W/O Meaningful Analysis — EOIR In Louisiana Continues To Be “Death Valley” ☠️⚰️  For Asylum Seekers:  “‘I feel that the big problem we face today is that there is a real dehumanization of the entire process,’ said Mich Gonzalez, Associate Director of Advocacy at the Southern Poverty Law Center.”
  4. ⚖️THE GIBSON REPORT — 03-15-21 — Compiled By Elizabeth Gibson, Esquire, NY Legal Assistance Group — Keep Up To Date On The Biden Administration’s Immigration Plans & Actions!

⚖️FINALLY, 6TH CIRCUIT JUDGES WHO UNDERSTAND PD BLOW AWAY TRUMP USDJ’S TOTALLY UNWARRANTED PI AGAINST THE “MAYORKAS MEMO!” 

 

Dan Kowalski reports for LexisNexis Immigration Community:

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/ca6-reverses-enforcement-memo-injunction-arizona-v-biden

CA6 Reverses Enforcement Memo Injunction: Arizona v. Biden

Arizona v. Biden

“In September 2021, the Secretary of Homeland Security issued a memorandum to his deputies outlining the Department’s immigration enforcement priorities and policies. Arizona, Montana, and Ohio filed this lawsuit in the Southern District of Ohio to enjoin its implementation. The district court issued a “nationwide preliminary injunction,” applicable to all 50 States, blocking the Department from relying on the priorities and policies in the memorandum in making certain arrest, detention, and removal decisions. Our court granted the National Government’s request for a stay pending appeal and ordered expedited briefing and argument. We now reverse the district court’s grant of preliminary injunctive relief.”

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

Great news! Finally, Federal Judges who understand PD and reject the White Nationalist BS and mythical (basically fabricated) “injuries” to states. Trump UDSDJs have been an almost unmitigated disaster (surprise). In this case, it was Trump appointee Judge John Michael Newman of the S.D. Ohio who let his righty ideology get in the way of settled law on the Executive’s authority to exercise prosecutorial discretion in immigration cases.

I highlighted the possibility of a long overdue positive intervention by the 6th Circuit, following oral argument, several weeks ago. https://wp.me/p8eeJm-7IH

Welcome as this decision is, it’s not going to have any immediate effect because: 1) the 6th Circuit had already stayed the PI pending appeal; 2) another out of control Trumpy USDJ in the SD Tex, Judge Drew B. Tipton, recently issued a totally unjustified decision purporting to “vacate”  the “Mayorkas Memo” nationwide. 

Nevertheless, there is some reason to hope that the compelling reasoning of this 6th Circuit decision along with the rationale of the Supremes’ recent decision in Texas v. Biden, rejecting a similar dilatory attempt by nativist state AGs to interfere with the Biden Administration’s termination of the abominable “Remain in Mexico” disgrace, will eventually end this frivolous litigation by GOP state AGs, aided and abetted by some Trump Federal Judges. See, e.g., https://wp.me/p8eeJm-7Lm

🇺🇸 Due Process Forever!

PWS

07-06-22

Related posts:

  1. WE KNOW THAT SESSIONS, WHITAKER, & BARR HAVE TURNED THE DOJ INTO A LEGAL, MORAL, PROFESSIONAL, & ETHICAL CESSPOOL — Some Federal Judges Are Beginning To Take Notice: “To say the least, it is disappointing that [DOJ] counsel, after consulting with other counsel including ‘prosecutors and appellate attorneys’ in this District’s United States Attorney’s office, submitted a legal memorandum to the Court that failed to acknowledge contrary case law that did not support its position.”
  2. ⚖️🗽🧑🏽‍⚖️COURTS OF APPEALS CONTINUE TO THROW ROTTEN TOMATOES 🍅 @ BIA’S ANTI-ASYLUM BIAS — Basic Analytical, Legal Errors Continue From Weaponized, Non-Expert “Star Chamber” ☠️ Posing As ”Tribunal!” — Judge Garland Must Fix This Inexcusable, Unnecessary, Systemic Failure Now! — Justice For Persons Of Color & Migrants Can’t “Wait For Godot!”
  3. WOW, HERE’S A SURPRISE: MANY KIDS FLEEING VIOLENCE IN THE NORTHERN TRIANGLE KNOW NOTHING ABOUT BIDEN BORDER POLICIES — They Are Just Trying To Save Their Lives!
  4. TRASVINA RESTORES “PD” @ ICE; 6TH CIR. REJECTS CASTRO-TUM! BUT GARLAND’S FAILURES @ EOIR CONTINUE TO HAMPER BIDEN ADMINISTRATION, CAUSE CONFUSION, INCREASE BACKLOGS!  — “In performing their duties, including through implementation of this memorandum, OPLA attorneys should remain mindful that ‘[i]mmigration enforcement obligations do not consist only of initiating and conducting prompt proceedings that lead to removals at any cost. Rather, as has been said, the government wins when justice is done.’”