THE BORDER IN PICTURES BY PHOTOGRAPHER JOHN MOORE — “The fury and debate over immigration to the United States appears to be going nowhere.”

https://www.nytimes.com/2018/03/25/world/americas/mexico-border-photos-john-moore.html

Photo

A man killed in a suspected drug-related execution in 2012 in Acapulco, Mexico. Violence has surged in Acapulco, once Mexico’s top tourist destination, spurring the flight of many Mexicans. CreditJohn Moore/Getty Images

For nearly a decade, the photographer John Moore has traversed the Mexico-United States border, covering the story of immigration from all sides — American, Mexican, immigrant and border agent.

His depiction of the border is both literal and figurative.

Continue reading the main story

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Families at a memorial service for two boys who were kidnapped and killed in February 2017 in San Juan Sacatepéquez, Guatemala. CreditJohn Moore/Getty Images

. . . .

A boy from Honduras watched a movie in 2014 at a detention facility for unaccompanied minors in McAllen, Tex.

. . . .

But wherever the numbers go, Mr. Moore’s images reflect an American truth: The fury and debate over immigration to the United States appears to be going nowhere.”

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Go to the above link to the NYT for the full article and all of Moore’s pictures.

What do you suppose the “boy from Honduras” is thinking about America? Are these the images by which we want to be remembered as a country? If not, join the New Due Process Army and work for constructive change!

PWS

03-26-18

CAN AMERICA RECOVER FROM THE TRUMP/GOP KAKISTOCRACY? — Maybe — But, Eric Levitz @ NY Maggie Gives You Four Reasons Not To Sleep Tonight!

“Kakistocracy is a term that was first used in the 17th century; derived from a Greek word, it means, literally, government by the worst and most unscrupulous people among us. More broadly, it can mean the most inept and cringeworthy kind of government. The term fell into disuse over the past century or more, and most highly informed people have never heard it before (but to kids familiar with the word “kaka” it might resonate).”

 

http://nymag.com/daily/intelligencer/2018/03/donald-trump-has-never-been-more-dangerous-than-he-is-now.html

Levitz writes:

From one angle, it’s been a comforting few weeks for those of us who fear and loathe the Trump presidency. Since early February, public support for the president and his party has declined significantly — erasing the polling gains that both had made at the start of this year. Meanwhile, Democrats have continued to over-perform in special elections, scoring their most impressive victory yet last week, when Conor Lamb bested a better-funded Republican opponent in a Pennsylvania district that had gone for Trump by 20 points. Signs suggest that the GOP’s House majority won’t survive the winter — and that our reality star–in-chief is unlikely to be brought back for a second season.

For progressives, the case for optimism about Trump’s tenure has always gone something like: If he doesn’t get us all killed, the demagogue might just rejuvenate the Democratic base, poison the GOP’s brand, trigger big “blue” wave elections in 2018 and 2020, and thus, ironically, leave U.S. politics in a better place than it had been in circa 2016.

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Over the past month, each piece of this scenario has begun to seem a tad more likely — except, that is, for the “doesn’t get us all killed” bit.

Of course, Donald Trump is (almost certainly) not going to literally end all human life. But in recent weeks, many of the downside risks of his election — a mass-casualty war, irreparable diplomatic blunder, or constitutional crisis — have become more plausible than ever before. Assuming we avoid total catastrophe, America is poised to make a speedy recovery from its ill-advised experiment with kakistocracy. But there are (at least) four reasons why that assumption has never been less safe: . . . .

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Read the complete article with the “four reasons” at the above link.

Trump and his gang of evil incompetents and valueless enablers are the biggest threat to American democracy since the Civil War. Essentially, he and his White Nationalist cabal are out to reverse the results of the Civil War, leaving the country divided and a bunch of unqualified Old White Guys in charge because — well just because they are White Guys and can get away with it.

But, if we all unite behind the New Due Process Army, we can use the legal system and the ballot box to achieve regime change and the return of human decency and common sense.

PWS

03-22-18

 

 

 

ANOTHER WASHPOST LEAD EDITORIAL RIPS CRUEL, INHUMANE, ADMINISTRATION POLICIES ON SEPARATING CHILDREN – In Plain Terms, Our Government Is Engaging in Child Abuse!

https://www.washingtonpost.com/opinions/dhs-keeps-separating-kids-from-their-parents–but-officials-wont-say-why-or-how-often/2018/03/20/0c7b3452-2bb4-11e8-8ad6-fbc50284fce8_story.html?utm_term=.8fe0d0d7b420

DHS keeps separating kids from their parents — but officials won’t say why or how often


Immigration and Customs Enforcement headquarters in Washington. (Salwan Georges/The Washington Post)
March 20 at 7:31 PM

LAST FRIDAY night, a 7-year-old Congolese girl was reunited with her mother in Chicago, four months after immigration agents of the Department of Homeland Security separated them for no defensible reason. When the little girl, known in court filings as S.S., was delivered by a case worker to her mom, the two collapsed to the floor, clutching each other and sobbing. According to the mother’s lawyer, who was in the room, S.S., overwhelmed, cried for the longest time.

That sounds like a happy ending to a horrific story. In fact, according to immigrant advocates, such separations are happening with increasingly frequency — with no credible justification.

In the case of S.S. and her mother, known in court filings as Ms. L., the trauma visited on a little girl — wrenched from her mother, who was detained in San Diego, and flown nearly 2,000 miles to Chicago — was gratuitous. A U.S. official who interviewed Ms. L. after she crossed the border into California determined she had a reasonable asylum claim based on fear for her life in her native Congo. Despite that, mother and daughter were torn apart on the say-so of an immigration agent, and without explanation.

A DHS spokesman, Tyler Houlton , says separating children from their parents is justified when paternity or maternity is in doubt, or when it is in a child’s best interest. However, in court filings, officials present no cause for doubt about Ms. L.’s maternity, nor evidence that it was in S.S.’s “best interest” to be taken from her mother last November, when she was 6 years old.

Rather, in court filings, an official from Immigration and Customs Enforcement, a DHS agency, lists some documentary discrepancies on Ms. L.’s part, in which officials in Angola, Panama and Colombia recorded different versions of her name. Never mind the translation problems she may have encountered in Latin America as a speaker of Lingala, a language spoken only in central Africa.

Even if Ms. L. fudged her identity, how would that justify taking away her child? And if there were doubts about Ms. L.’s maternity, why didn’t ICE request a DNA test at the outset, before sundering mother and child? When a DNA test was finally done — four months later — it immediately established Ms. L.’s maternity.

Immigrant advocates say DHS has separated children from immigrant parents scores of times in recent months, perhaps to deter other asylum seekers by trying to convince them the United States is even more cruel than their native countries. Officials at DHS have floated that idea publicly in the past year. They insist it is not their policy. However, they also have declined to provide statistics showing the frequency of separations.

Responding to a class-action lawsuit filed by the American Civil Liberties Union on behalf of parents separated from their children, ICE insists it has done nothing so outrageous that it “shocks the conscience” — a Supreme Court standard for measuring the denial of due-process rights.

Here’s a question for Homeland Security Secretary Kirstjen Nielsen: If it does not “shock the conscience” to traumatize a little girl by removing her from her mother for four months in a land where she knows no one and speaks no English, what does “shock the conscience”?

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Stop the Trump Administration’s program of turning America into a reviled human rights abuser! What about “Gonzo Apocalyto’s” policies of turning our Immigration Courts into “enforcement deterrents” rather than protectors of fairness and Due Process?

Join the New Due Process Army now! Resist in the “real’ courts. Vote Trump, his abusers, and his enablers out of office! 

Harm to the most vulnerable among us is harm to all of us. Due Process Forever!

PWS

03-21-18

THE UGLY AMERICANS: WASHPOST ARTICLES HIGHLIGHT INTENTIONAL INHUMANITY & CRUELTY OF DHS’S “DETAIN TO DETER” PROGRAM AS ACLU SUES TO HALT THE ABUSES! – Is This The Legacy Of America That YOU Want To Leave?– If Not, Join The NDPA & Fight To Make Our Government Comply With The Due Process Clause Of Our Constitution & To Restore Humane Values!


The seal of the Department of Homeland Security. (Mandel Ngan/AFP/Getty Images)
March 15 at 7:23 PM

WHO KNOWS why Homeland Security agents in Southern California forcibly separated a 7-year-old Congolese girl from her mother last fall, flew her 2,000 miles to Chicago, where she was placed at a facility for unaccompanied minors, and kept her there for more than four months? Who knows why the girl, who is credibly reported to have been traumatized, has been permitted to speak with her mother, only recently released from a detention center near San Diego, just a handful of times in the intervening four months? And in the absence of any evidence of wrongdoing by the mother, who presented herself to U.S. officials when she crossed the border from Mexico, who knows why the government has continued to keep parent and child apart?

The Department of Homeland Security has declined to comment on the case of the two asylum seekers, known in court filings as Ms. L and S.S. But a spokesman said in a statement that agents may separate children and adults if they suspect the child may be a human-trafficking victim. “If we are unable to confirm this relationship [between adult and child],” said the spokesman, Tyler Houlton, “we must take steps to protect the child,” including placing her in a facility for unaccompanied children.

In this case, DHS’s effort to establish Ms. L’s guilt by insinuation failed, and its stated concern for the child’s protection and well-being has been exposed as phony. For four months, no testing was performed to establish the woman’s maternity. And when, following a lawsuit filed on their behalf, the two were finally subjected to DNA testing this month, the result was unequivocal: Ms. L is the mother of S.S.

That finding has been met with silence by DHS. The department, having originally expressed indignation at the idea that it would separate children from their parents for any reason other than the child’s welfare, has been rendered speechless.

U.S. officials who interviewed Ms. L when she crossed the border made a preliminary finding that she had a plausible claim for asylum, based on her account of having fled what the lawsuit, filed by the American Civil Liberties Union, said was “near certain death” in Congo. Despite that, she was detained until the lawsuit and ensuing publicity prompted her sudden release last week.

In a class-action suit, the ACLU asserts that the Trump administration has separated children from their parents in more than 100 cases, even though the department says it does not “currently” have a policy on the matter. If it seems unthinkable that the administration and Homeland Security Secretary Kirstjen Nielsen would carry out a practice so cruel, one likely to inflict long-term harm on children, think again: DHS officials, including Ms. Nielsen’s predecessor, John F. Kelly, now the White House chief of staff, have said they believe it would be an effective means of deterring asylum seekers.

If DHS has subjected this small girl to trauma as a warning to other asylum seekers, it is an unconscionable means to an end. If that is not the reason, then what is?

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https://www.washingtonpost.com/local/immigration/aclu-sues-trump-administration-over-detaining-asylum-seekers/2018/03/15/aea245e2-27a2-11e8-bc72-077aa4dab9ef_story.html?utm_term=.470a39300b74

Here’s the always highly informative and very readable Post immigration reporter Maria Sacchetti with a summary of what the ACLU suit is all about:

“A lawsuit filed in U.S. District Court in Washington on Thursday alleges the Trump administration is illegally jailing asylum seekers with credible cases for months on end in an attempt to deter them and others from seeking refuge in the United States.

The American Civil Liberties Union and other groups filed the class-action lawsuit on behalf of nine detained asylum seekers from Haiti, Venezuela and other countries. They are asking a judge to order the administration to follow a 2009 policy that allows officials to release foreigners while they await their immigration court hearings, a process that can take years.

Among the plaintiffs are Ansly Damus, a 41-year-old ethics teacher who said he was attacked by a gang in Haiti that beat him, set his motorcycle ablaze and threatened to kill him for criticizing a politician. He won his asylum case — twice — but has spent 16 months in detention, most recently in Ohio, while the government appeals.

Other plaintiffs are Alexi Montes, an 18-year-old gay man harassed and beaten in Honduras and who has a relative in Virginia; Abelardo Asensio Callol, a 30-year-old software engineer from Cuba who refused to join the Communist Party or rally for the now-deceased Cuban leader Fidel Castro; and, an unnamed father of two from Mexico who said a drug cartel kidnapped his two brothers and threatened to kill him and his family.

All were initially deemed to have had credible stories and are entitled to a hearing before an immigration judge, lawyers said. While awaiting those hearings, they have been jailed for months.

“The fact that we are doing this to people . . . is really outrageous,” said Michael Tan, a New York-based staff attorney for the ACLU. “What they’re doing here is using detention to send a message that asylum seekers need not apply and they’re not welcome here in the United States.”

The legal challenge comes as the Trump administration engineers a wide-ranging review of the nation’s immigration policies and asylum fraud, which it blames in part for a backlog in the immigration courts of more than 600,000 cases, triple the number in 2009.

Attorney General Jeff Sessions said last year that the asylum system is being “gamed” by foreigners and “dirty immigration lawyers.” Instead of a lifeline to people in peril, he said, it had become an “easy ticket to illegal entry into the United States.”

The Justice Department has also said it wants to slash the immigration court docket of 600,000 cases in half by 2020.”

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

Pretty predictable that there is a tie to Sessions’s bogus attack on vulnerable asylum seekers. He’s concealing how his mismanagement of the U.S. Immigration Courts, promotion of “Aimless Docket Reshuffling,” and biased legal views are in fact fueling the docket backlog.

Those actively engaged in oppression and covering up their own misdeeds always look for “scapegoats.” And asylum seekers, many of them scared women and children trying to save their lives, who already are treated with disrespect and lack of due process by our Immigration Court system and DHS are an easy target. Targeting the most vulnerable — that’s exactly what bullies and cowards do!

Pretty disgraceful! But, if we all unite behind the efforts of the New Due Process Army and fight for full Due Process for everyone in the United States in our Article III Courts, we can eventually force a stop to this Administration’s human rights abuses, end the “New American Gulag,” and derail the Sessions/DHS White Nationalist restrictionist program!

Due Process Forever!

PWS

03-16-18

 

BACK ON THE KILLING FLOOR: BATTERED WOMEN STRUGGLED FOR 15 YEARS TO GET LIFE-SAVING LEGAL PROTECTION UNDER ASYLUM LAWS – – Now, Jeff Sessions Appears Poised To Sentence Them To Death Or A Lifetime Of Unremitting Abuse With A Mere Stroke Of His Poison Pen!

FINALLY, AFTER FUTILE REQUESTS TO THE BIA AND THE DOJ, THE PUBLIC HAS BEEN ABLE TO GET A COPY OF THE RECENTLY CERTIFIED MATTER OF A-B-, FROM THE ATTORNEY (WHO WASN’T TOLD OF THE ACTION UNTIL HE RECEIVED A COPY OF THE DECISION  IN THE MAIL ON FRIDAY)

Here it is:

A-B- BIA Decision (12-08-2016) (redacted) (1)

It’s bad news for Due Process, justice in American, and particularly vulnerable asylum seekers who are battered women. Sessions appears to be taking direct aim at the landmark BIA precedent Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014) which, following a 15 year legal battle, recognized that battered women could be a “particular social group” and thereby qualify for asylum and withholding of opinion.

Make no mistake, the BIA decision in Matter of A-B- is correct in every respect — a virtual textbook on how U.S. Immigration Judges should be handling and granting these well-documented claims. It’s also a classic example of poor quality work and feeble, biased anti-asylum, anti-female reasoning by an Immigration Judge that plagues too much of our asylum system.

The Immigration Judge’s decision denying asylum which was reversed by the BIA in Matter of A-B- contained numerous egregious errors, including:

  • An incorrect adverse credibility ruling which failed to consider and properly weigh “the totality of the circumstances, and all relevant factors,” as required by the REAL ID Act;
  • Failure to recognize a “particular social group” (“PSG”) substantially similar to that approved by the BIA in Matter of A-R-C-G-;
  • A “clearly erroneous” finding that the abused respondent was free to leave her ex-husband;
  • A “clearly erroneous” finding that the valid PSG was not “at least once central reason” for the persecution;
  • An erroneous finding, bordering on the absurd, that the Government of El Salvador was not “unable or unwilling” to protect the respondent.

Overall, the Immigration Judge’s handling of this case has all the earmarks of a jurist who is biased against asylum applicants and has predetermined to deny most claims giving a litany of specious, basically “pre-judged” reasons.

The Attorney General compounds the problem by apparently questioning the long-established principle that persecution takes place when “non-state actors” are not reasonably controlled by their national government. See, e.g., Matter of O-Z-&I-Z-, 22 I&N Dec. 23, 26 (BIA 1998).

Rather than reinforcing the BIA’s long-overdue “reining in” of a wayward Immigration Judge, the Attorney General appears to be aiming to upend well-settled asylum law and empower those Immigration Judges who already treat asylum applicants unfairly. That’s likely to result in a monumental battle in the Article III Courts — specifically the U.S. Courts of Appeals. Hopefully, those courts eventually will recognize that the U.S. Immigration Courts are being manipulated to reflect the anti-asylum, xenophobic biases and prejudices of Jeff Sessions.

That will require them to stand up to Sessions’s bullying and insist that asylum seekers rights to fair hearings before impartial decision makers and to receive legal  protection under U.S. and international standards be recognized.

Advocates also question the procedures by which this case was handled by the Immigraton Judge following the BIA remand. The BIA order instructed the Judge to schedule the case for a routine update of the fingerprints and background checks and to issue a final order; in my experience, that’s usually a “30 second process” that can be completed on a Master Calendar or by joint written motion “in chambers.”

However, according to sources, this Immigration Judge allegedly “held up” AB’s case for eight months for no particular reason, and then “recertified” it to the BIA raising a facially bogus legal issue concerning a later-issued, unrelated Fourth Circuit case. Mysteriously, the case then was “certified” by Sessions taking it out of the BIA’s jurisdiction.

This scenario raises speculation that this Immigration Judge — perhaps recognizing from the Attorney General’s public statements that Sessions was also biased against asylum seekers — may have manipulated the process to do an “end run” around the BIA to the Attorney General. All pretty unseemly stuff when “lives are on the line.” Yet more “anecdotal evidence” of a system out of control and biased against Due Process and fairness for asylum seekers and other migrants.

Stay tuned. The battle is just “revving up,” and the New Due Process Army is ready to defend our justice system against each and every debilitating attack on the rule of law by our biased and lawless Attorney General.

PWS

03-13-18

ANA COMPOY @ QUARTZ — WHILE YOU WERE SLEEPING, JEFF SESSIONS WAS HARD AT WORK DISMANTLING DUE PROCESS IN THE AMERICAN JUSTICE SYSTEM — We’re Headed For a Monumental Train Wreck In The “REAL” Article III Courts As Sessions Tries To Force “Kangaroo Court” Work Product Down Their Throats (Again) — I’m Quoted In This Article

https://qz.com/1223294/jeff-sessions-is-quietly-remaking-the-us-immigration-system/

 

It’s been a busy week for Jeff Sessions. The US attorney general is deploying his broad powers to remake the US’s immigration system instead of waiting for Congress to pass legislation.
Late Tuesday, he filed a lawsuit against the state of California, for its policies limiting cooperation between state officers and federal immigration agents. “Federal law is the supreme law of the land,” he said in a speech in Sacramento on Wednesday.
Far more quietly, on Monday, Sessions took the unusual step of digging up an old legal decision that affirmed asylum-seekers’ right to a make their case in court—and cancelled it. That little-noticed move has the potential of doing more to further Trump’s efforts to deport undocumented immigrants than his attack on so-called sanctuary jurisdictions like California.

Sessions’s choice to revisit the four-year-old case on Monday was not explained in his three-paragraph announcement. A Justice Department spokesperson tells Quartz that the decision which Session overruled had “added unnecessary cases to the dockets of immigration judges, who are working hard to reduce an already large immigration court backlog.”
The mountain of pending immigration cases, which now stands at nearly 670,000, has emerged as a major bottleneck for Trump’s administration. Regardless of their legal status, many immigrants are entitled to a day in court under the law. With US immigration courts chronically understaffed, that can take years. Many applications will likely be processed more quickly—and denied—if asylum-seekers aren’t given the chance to argue their case.
The Matter of E-F-H-L

As head of the Department of Justice, Sessions oversees the country’s immigration courts, and the Board of Immigration Appeals (BIA,) where parties can contest immigration judge decisions. Unlike federal or state courts, the immigration court system is not part of an independent judicial branch, but embedded within a president’s administration.

Critics—including many immigration judges—say that setup makes the court system vulnerable to political interference, and there’s evidence that both Democratic and Republican administrations have done that to further their goals.
Among the attorney general’s powers is the ability to single-handedly overwrite any decisions by the BIA, as Sessions did on Monday. The decision he is zeroing in on is related to a case dubbed “Matter of E-F-H-L,” after the initials of the person who brought it to the appellate body. E-F-H-L, a Honduran immigrant, requested asylum. He appeared before an immigration court, but didn’t get a chance to testify because the judge determined E-F-H-L had no chance of getting asylum based on his application.
E-F-H-L appealed the decision to the BIA, which found that the judge had dismissed the case prematurely. An asylum applicant, it said in its decision, “is entitled to a hearing on the merits of the applications, including an opportunity to provide oral testimony and other evidence.” By striking it, Sessions is signaling that giving asylum seekers that chance is no longer required.
Paul Schmidt, a former immigration judge, says it’s important to hear out asylum applicants even if their case doesn’t look very solid on paper. Many of them—around 20% whose cases were decided in fiscal 2017—don’t have a lawyer, and are not familiar with the kind of information that should be included in the application. Others don’t even speak English. “You can’t always tell how the case is coming out just by looking at the application,” he said.
But another retired immigration judge, Andrew Arthur, welcomed the apparent change. “Given the fact that an asylum merits case can take anywhere between two hours and several days, this authority will allow those judges to streamline their dockets and complete more cases in a timely manner,” he wrote in a post for the Center for Immigration Studies, a think tank that advocates for reducing undocumented immigration.
Sessions’s decision also appears to target the asylum system in particular, which he’s said is being gamed by people with false claims. The precedent it sets is bound to make it more difficult for asylum seekers to make their case.
Administrative closure

Sessions’s sudden interest in E-F-H-L also appears to be related to a tool immigration judges often use referred to as “administrative closure.” That’s when a judge decides to put a case on the back burner instead of immediately deciding whether a person can stay in the US or should be deported.
There are several reasons why judges might delay a case’s decision. Sometimes rescheduling helps them organize their crowded docket; other times an immigrant may be in the middle of a visa application with US Citizen and Immigration Services, in which case it makes sense to wait until that process is completed, says Lenni Benson, a professor at New York Law School.
That appears to have been E-F-H-L’s case. In its decision, the BIA ordered the judge to give E-F-H-L a proper hearing, but by that time, he had applied for a family-based visa and didn’t want to follow through on his asylum claim. So the judge put the case in administrative closure. In his Monday decision, Sessions argued that since the immigrant is no longer applying for asylum, his case should be put back on the docket and resolved.
It seems odd that the head of the Justice Department would make time in his busy schedule to single out an obscure four-year-old case. But Benson says it fits within a broader effort to remove judges’ ability to put a case on hold.
Earlier this year, Sessions used his authority to pluck another case, this one involving a Guatemalan minor, to question the use of administrative closure. He is currently asking for input before taking any action, however. (Several groups, including the Safe Passage Project, a non-profit where Benson runs a program to train pro bono lawyers to represent immigrant youth, have filed a brief advocating for Sessions to keep the practice.)
If he doesn’t, the group of affected immigrants would be much broader than just asylum seekers. The use of administrative closure expanded during the Obama presidency. Because that administration’s focus was on criminals, the cases of many undocumented immigrants with a clean record became lower priorities. Administrative closure essentially took those immigrants off the list of deportation targets, even if their legal status remained unchanged.
The Trump administration, however, has made it clear it’s going after everyone who is in the country illegally. With efforts to change immigration law stalled in Congress, Sessions appears to be doing everything he can administratively to carry out Donald Trump’s vision.

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As Judge Arthur acknowledges, a “real” Due Process asylum merits hearing takes from two hours to two days — a big deal. So, his solution is to eliminate the hearing and thereby the respondent’s only chance to fully present her or his case.

Even if the respondent loses before the Immigration Judge, he or she is entitled to an appeal to the BIA and review in the Court of Appeals. Sometimes the BIA and more often the Circuit Courts disagree with the legal standards applied by the Immigration Judge. How does a respondent make a showing of what evidence supports his or her claim if not allowed to testify on that claim?

Haste makes waste. During the Ashcroft regime, there DOJ also attempted to short-circuit Due Process by  “streamlining” cases, primarily at the BIA level. The result, as I have noted before, was a tremendous mess in the Circuit Courts, as court after court found that the records sent to them for review were rife with legal errors, incomplete, inadequate, or all three.

The result was tons of remands that essentially tied up large portions of the Federal Court System as well as the DOJ on cases that were “Not Quite Ready For Prime Time.” However, many individuals who did not have the resources to appeal their cases all the way to the Circuit Courts were illegally removed from the US without receiving the fair hearings guaranteed by statute or the Due Process guaranteed by our Constitution.

Sessions, with the encouragement of folks like Judge Arthur, seems to be determined to repeat this grotesque abuse of American justice. However, this time there is a “New Due Process Army” out there with some of the top legal minds in the country prepared to fight to stop Sessions and his cohorts from violating the Constitution, our statutes, our values, and the rights of the most vulnerable among us.

Harm to one is harm to all!

PWS

05-08-18

ANOTHER WIN FOR THE “GOOD GUYS” (A/K/A NDPA) — GW Law Immigration Clinic Scores U Visa Win!

“Please join me in congratulating Immigration Clinic client C-R, from Venezuela.  His U nonimmigrant visa application, filed on April 30, 2014, was granted Wednesday.  C-R will be eligible to adjust status to lawful permanent residence in three years.  U nonimmigrant visas are available to aliens who within the USA have been victims of criminal activity, and who have been helpful to law enforcement in investigating and prosecuting that crime.  C-R was a victim of domestic violence at the hands of his ex-wife.  Reports are that there are at least 90,000 U visa applications pending at USCIS.

Jessica Leal, Jonathan Bialosky, Sarena Bhatia, Chen Liang,  Mark Webb, and Paulina Vera have worked on this case.

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Alberto Manuel Benitez
Professor of Clinical Law
Director, Immigration Clinic
The George Washington University Law School
650 20th Street, NW
Washington, DC 20052
(202) 994-7463
(202) 994-4946 fax
abenitez@law.gwu.edu
THE WORLD IS YOURS…”
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Congrats to all involved!
I’m proud to say that Paulina Vera and Jessica Leal are “distinguished alums” of the Arlington Immigration Court Internship Program as well as “charter members” of the New Due Process Army (“NDPA”)!
These guys keep proving my point: with time and access to good representation, probably the majority of those who flee from the so-called Northern Triangle are eligible for immigration relief of some type.
Consequently, a rational Attorney General, committed to Due Process, would work to insure that such individuals are released after initial screening and able to go to locations where pro bono counsel are readily available and where cases are scheduled in a manner that they can be completely prepared and presented efficiently. Individuals with counsel reliably appear in Immigration Court as scheduled. He would also encourage the issuance of more favorable precedents leading to more expedited grants of relief and facilitate Immigration Judges working with DHS to have cases taken off the Immigration Court docket and granted by DHS, either at the Asylum Office or elsewhere in USCIS on an expedited basis.
Instead, Sessions treats refugees and asylum seekers as if they were criminals and seeks to use the detention system to prevent individuals from obtaining counsel and achieving due process.  His misuse of the Immigration Courts as part of a DHS enforcement regime to discourage individuals from asserting their statutory and Constitutional rights is nothing short of reprehensible!
PWS
02-28-18

LEGAL AID JUSTICE CENTER OF VIRGINIA HUGE WIN – USD Judge Brinkema Certifies Class & Orders Bond Hearings For Individuals In “Withholding Only Proceedings” — Rogelio Amilcar Cabrera Diaz v. Hott — Get Links To All The Essential Court Docs Here!

https://www.justice4all.org/2018/02/26/case-establishes-right-to-bond-hearings/

Case Establishes Right to Bond Hearings

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FOR IMMEDIATE RELEASE

Legal Aid Justice Center has won an important first-in-the-nation class action case in federal court in Alexandria, establishing the right to bond hearings for a class of detained immigrants whom the government is holding in long-term no-bond detention.

When immigrants are deported to countries where human rights violations are rampant, they often find themselves subject to persecution, torture, or even death threats.  And since the U.S. government almost never gives a visa to someone who has already been deported, these individuals may find themselves with no option other than to try to return to the United States and cross the border illegally to seek a form of legal protection from persecution known as “withholding of removal.”

Previously, ICE and the immigration courts refused to grant bond to these individuals, holding them in prison-like conditions in immigration detention centers for months if not years while they fought out their cases.  Legal Aid Justice Center filed a lawsuit last year on behalf of five immigrants held in this prolonged no-bond detention, and won release for two of them, but the government refused to apply the decision more broadly to other similarly situated immigrants held in detention.

We then filed a first-in-the-nation class action, seeking access to bond hearings for all immigrants detained in Virginia who fall into this category.  On February 26, 2018, federal district judge Leonie M. Brinkema granted our motions in full, giving our clients and the class members all of the relief we asked for.  We understand that there are about 50 immigrants currently detained at the Farmville detention center who meet this description, with more being arrested every week.  Now, they will have the chance to pay a bond and leave detention, reunite with their families, and resume normal lives while they fight their cases for protection.

Special thanks to our pro bono co-counsel at Mayer Brown LLP, Murray Osorio LLP, Law Office of James Reyes, and Blessinger Legal PLLC – we couldn’t possibly do it without you!

The judge’s opinion can be found here: Memorandum Opinion (PDF)

The judge’s order can be found here:  Order (PDF)

The opinion applies to all immigrants who are in pending withholding-only proceedings, and “as of December 7, 2017 or at any time thereafter are detained within the Commonwealth of Virginia under the authority of [ICE].”  The government has been ordered to notify all class members by March 13, 2018, and to provide them with a bond hearing (or a Joseph hearing, if appropriate) by March 28, 2018.

We will be monitoring compliance with this opinion, and want to hear from Virginia attorneys who represent a class member.  If you represent a class member, or if you have questions as to whether your client might be a class member, please e-mail LAJC attorney Rachel McFarland at rmcfarland@justice4all.org to let us know. 

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

“Super Congrats” to Simon Y. Sandoval-Moshenberg—Director, Immigrant Advocacy Program & his team of Firms and pro bono attorneys for making this happy.

I am particularly delighted that one of my “star” former Georgetown Law RLP students, Rachel McFarland, has been involved in this case. Rachel is a “charter member” of the “New Due Process Army!”

PWS

02-28-18

A BIA WIN FOR THE GOOD GUYS! – MICHELLE MENDEZ & HER CLINIC TEAM GET REOPENING FOR ASYLUM APPLICANTS IN ATLANTA! (Submitted By Dan Kowalski at LexisNexis)!

From: Michelle Mendez [mailto:mmendez@cliniclegal.org]
Sent: Monday, February 19, 2018 10:00 AM
To: Artesia OTG <artesiaotg@lists.aila.org>
Subject: [artesiaotg] Good news — the BIA has issued a great unpublished decision on late-filed appeals! (Attached.)

 

Greetings,

The ASAP team of Swapna Reddy, Dorothy Tegeler, and  Liz Willis has done it again. With just a few days before her check-in with Atlanta ICE ERO, a mother reached out to us via our Facebook group. Taylor, Lee & Associates had represented her and accepted an order of removal without fighting her case. Many of us are familiar with this law firm having heard about or helped the families targeted in January 2016 by the Obama Administration who were also represented by this firm in the same manner. By “representation” I mean that the law firm did not defend her against removal before the IJ instead accepting an order of removal in exchange for seeking a stay of removal and promising an EAD.

When we learned her case involved the same “salvo conducto” practice by this law firm and that the mother had not actually consent to this practice, we knew we had to help this mother. But time was not on our side as her imminent check-in with Atlanta ICE EOR was supposed to be her last. After strategically considering our options, we rushed to prepare an untimely BIA appeal….a two-year untimely appeal. We prepared a stay of removal application and recruited a local advocate, Keith Farmer, to attend the Atlanta ICE ERO check-in with her and submit the stay. Keith handled the situation like a professional, and the mother was ultimately never detained at her subsequent check-ins at which Shana Tabak artfully accompanied her.

The BIA accepted the Notice to Appeal and issued a briefing schedule. We followed this with an emergency motion for a stay of removal with the BIA. While the Notice to Appeal was pending and we awaited the briefing schedule, we complied with the Lozada procedures and obtained a psych evaluation of the client thanks to Craig Katz, Elizabeth Singer, and Varsha Subramaniam. We reached out to Trina Realmuto and Kristin Macleod-Ball, who provided strategic advice and an amicus brief in support of our untimely appeal. Katie Shephard provided an invaluable declaration given her work on the cases of the families represented by this law firm and targeted in January 2016 by the Obama Administration who were taken to Dilley. Laura Lichter also pitched in with strategic feedback and sample filings given her tireless work on the January 2016 cases, and her input was essential. And, last but not least, we reached out to Bradley Jenkins andLory Rosenberg for their wisdom, who helped us to frame arguments in the most compelling way.

The BIA dismissed the appeal as untimely instructing us to file a Motion to Reconsider and Remand on the question of timeliness. As was done in five nearly identical cases involving this law firm, we asked the BIA to accept this late-filed appeal on certification, or in the alternative, equitably toll the notice of appeal deadline and remand the case for further proceedings before the Immigration Judge. The BIA decision is attached. Huge thanks to ASAP volunteer law student Mayu Arimoto for her assistance with this briefing. Of course, and as always, thanks to Ben Winograd for his filing assistance with the BIA.

The moral of this story is that defending the rights of immigrants is tough work. We battle inhumane policies, cowardly or openly authoritarian leaders, greedy representatives who fill their coffers with private prison money, negative public opinion, intentional and unintentional media misinformation, notarios/unauthorized practitioners of law, and even other attorneys who abandon their duty to zealously represent their vulnerable clients. But when competent and caring advocates join forces, we can do anything.

Michelle N. Mendez

Training and Legal Support Senior Attorney

Defending Vulnerable Populations Project Manager

Catholic Legal Immigration Network, Inc. (CLINIC)

Mailing Address: 8757 Georgia Avenue, Suite 850, Silver Spring, MD 20910

Physical Address: OPD, 217 E. Redwood Street, Suite 1020, Baltimore, MD 21202

Cellular Phone: 540.907.1761

Fax Number: 301.565.4824

Email: mmendez@cliniclegal.org

Website: www.cliniclegal.org

 

Save the date for CLINIC’s 20th annual Convening!

Defending hope and the American Dream

May 30 – June 1, 2018 | Tucson, AZ

cliniclegal.org/convening

 

Embracing the Gospel value of welcoming the stranger, CLINIC promotes the dignity and protects the rights of immigrants in partnership with a dedicated network of Catholic and community legal immigration programs.

 

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HERE’S A COPY OF THE (UNFORTUNATELY UNPUBLISHED) BIA DECISION BY APPELLATE IMMIGRATION JUDGE MOLLY KENDALL CLARK:

Redacted S-H-O BIA Remand

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

Congrats to Michelle and her CLINIC team for winning a great victory for fairness, Due Process, and the New Due Process Army!

This also reminds us that notwithstanding the pressure from the Sessions DOJ to turn the Immigration Courts and the BIA into an “assembly line” churning out more removal orders, every day talented, conscientious, hard-working jurists like Judge Kendall Clark and others like her in the Immigration Court System remain firmly committed to the original “Due Process Mission” and independent decision-making that were supposed to be the sole focus of EOIR (before the “politicos” intervened with their attempts to “game” the system against migrants to achieve DHS enforcement goals).

We need an independent Article I U.S. Immigration Court (including an Appellate Division) so that judges can do their jobs of unbiased, scholarly, independent, Due Process focused decision making without “quotas,” “performance evaluations,” directives from administrators not actively involved in judging, and other improper political interference!

 

PWS

02-19-18

 

 

MEET THE GOOD GUYS: NOVA SUPERSTAR IMMIGRATION ATTORNEY AVA BENACH HELPS “DREAMER TYPES” & THEY HELP AMERICA – THIS IS THE WAY THE SYSTEM CAN WORK WHEN YOU GET BEYOND THE WHITE NATIONALIST XENOPHOBIA OF TRUMP, SESSIONS, & MILLER & WHEN GREAT LAWYERS GET INVOLVED!

https://www.washingtonpost.com/local/she-was-almost-deported-as-a-teen-now-she-helps-frightened-versions-of-herself/2018/02/15/b39969a8-1245-11e8-9065-e55346f6de81_story.html

Petula Dvorak writes in the Washington Post:

“She was almost deported as a teen. Now she helps frightened versions of herself.


Liana Montecinos is a senior paralegal at Benach Collopy in Washington. She was 17 and about to be deported when lawyer Ava Benach helped her win asylum. (Jahi Chikwendiu/The Washington Post)

Columnist February 15 at 3:39 PM

On many days in the shiny, sleek law office — in her sharp suit and sweeping view of Washington — she revisits all the horrors most people would want to forget:

The drunk men bursting into her tiny, adobe home at night, terrorizing the 15 children who lived there.

The walk across three countries, fearing for her life the entire way.

The months of eating nothing but beans and rice.

These are the same stories Liana Montecinos hears just about every time the 29-year-old paralegal sits down with a client.

Ava Benach, from left, Satsita Muradova and Liana Montecinos chat at their law office. (Jahi Chikwendiu/The Washington Post)

She doesn’t have to go there. She’s an American citizen and a third-year law student with a great future in front of her. But instead of going into something lucrative — corporate law, for example — she’s sticking with the law firm that helped her get political asylum.

“Being an immigrant and serving immigrants, it’s a very special connection,” Montecinos said.

And by doing that, she spends her days with frightened versions of herself.

I wanted to tell Montecinos’s story as Congress grapples with the fate of 1.8 million “dreamers,” the undocumented immigrants who were brought to this country as children. They face deportation under President Trump unless Congress can find a way to reinstate the protection they were given by President Barack Obama.

Montecinos was brought across the border by a relative in 1999, when she was 11 years old, after walking — yes, actually walking — from Honduras, across Guatemala, then across Mexico, crossing the Rio Grande into the United States.

She joined her mother in Northern Virginia — they had been separated since she was an infant and she had been raised by her grandmother — and her life was transformed.

She played volleyball and basketball in her Falls Church high school. She was a cheerleader and soccer player. She took Advanced Placement classes.

But no matter how well she was doing in school and no matter how faint her accent became, she knew it could all fall apart any second.

And it nearly did when she was 17 and applied for legal status. Instead, the government began removal proceedings. She was going to be deported.

But it didn’t stop her from graduating from high school and enrolling at George Mason University, where she received a scholarship to cover the triple-tuition she had to pay as an undocumented student.

The scholarship’s donor — Helen Ackerman — introduced Montecinos to D.C. immigration attorney Ava Benach, who took on her complex case. What followed was a 10-year struggle.

“I met Liana when she was 17 years old,” Benach said. “And I knew she was special. She was out there, trying to figure out her own immigration status. I felt a very parental desire to help her.”

So they took on the case together, with Montecinos never giving up.

“I’d be doing an all-nighter, knowing I had a hearing the next day and the judge could send me away and it would all be for nothing,” she said.

But she kept studying, striving and working. You know how folks are always saying “Why don’t they just get legal?” It’s not that easy.

It took 10 years of hearings and arguments to convince a judge that she faced threats and violence in Honduras, in that tiny, adobe house, and that her hard work in school, model citizenship and potential were enough to grant her a place in American society.

Asylum is granted only to someone who faces persecution in their home country. And that persecution has to be for one of five reasons: your race, religion, nationality, membership in a particular social group, or your political opinion.

“It has to fit in one of five boxes,” Benach said. And her life’s work is helping her frightened clients qualify.

Montecinos was granted asylum and citizenship on June 29, 2016.

“For many, becoming a U.S. citizen is the last part of the process,” Montecinos wrote on her Facebook page that day. “For others, like myself, it is the beginning to end 16 plus years of uncertainty and of fear of a forceful return to imminent harm.”

She called herself “extremely blessed and thankful for such a privilege, which is denied to many,” she said. “This path, however, was not easy. It was not short. It was not cheap.”

She is in her third year of law school at the University of the District of Columbia, where she received a Student Humanitarian and Civic Engagement award on Thursday.

In her spare time, you see, she runs a nonprofit group she founded, United for Social Justice, which helps low-income, first-generation Americans get access to higher education. Oh, and she coaches and plays on a bunch of soccer teams.

When she meets with the undocumented children who are like her, the ones she is fighting for, it reminds her of her struggle.

Though her own story is horrible — think of being 11 and scared, hiding your face with blankets as you cross strange villages where people are yelling “pollos mojados” (wet chickens) at you, not knowing where you’re going — her clients recount even more heart-stopping stories.

She hears from children who were kidnapped, who rode for days on top of speeding trains, afraid to fall asleep because they’d fall off, from a little girl who was gang-raped in front of her father.”

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

Ava has a “Major League” legal mind to go with a “heart of gold!” She and her colleagues from her firm appeared on many occasions before me at the Arlington Immigration Court.

This article aptly illustrates one of the points I often make.  Asylum law has intentionally been “jacked” against Central Americans by a non-independent BIA working under pressure from politicos to limit protections to large groups. Nevertheless, with a good lawyer (e.g., one who isn’t afraid to argue the BIA’s — often otherwise ignored — favorable precedents back to them and to take wrong BIA denials to the Court of Appeals if necessary), resources to build and document a case, and persistence, most of the “Dreamers” probably could win some type of relief in Immigration Court if not at the Asylum Office or elsewhere at USCIS.

But, what rational reason could there be for forcing folks like Liana Montecinos who are already here, part of our society, and just want to become taxpaying citizens and REALLY “Make America Great” (not to be confused with the disingenuous racist slogan of Trump and his White Nationalist “base”) go through such a laborious process? And what possible rationale could there be for wasting the time of an already overburdened Immigration Court system with cases of individuals who clearly should be welcomed and accepted into American society without being placed in “Removal Proceedings?” Also, what would be the rationale for trying to artificially “speed up” complex cases like Liana’s and trying to make life difficult for talented lawyers like Ava?

The answer is clear: there is NO rationale for the “Gonzo” Immigration enforcement and “designed chaos and attack on Due Process in Immigration Court” that Trump, Miller, Sessions, Nielsen, Tom Homan and their ilk are trying to ram down our throats. Sessions is the problem for justice in our Immigration Courts; lawyers like Ava are a key part of the solution! Clearly, the U.S. Immigration Courts are too important to our system of justice to be left in the clutches of a biased, “enforcement only,” White Nationalist, xenophobic opponent of individual due process like Jeff Sessions! American needs an independent Article I U.S. Immigration Court! Harm to the least and most vulnerable among us is harm to all!

The good news is that folks like Ava and her fellow “Generals” of the “New Due Process Army” are out there to fight Trump, Sessions & Company and their White Nationalist, anti-American actions every step of the way and to vindicate the Constitutional and legal rights of great American migrants like Liliana and millions of others similarly situated. They are “American’s future!” Trump, Sessions, Miller, et al., are the ugly past of America that all decent Americans should be committed to “putting in the rear-view mirror” where the “Trumpsters” live and belong! And, it won’t be long before Liliana becomes an attorney and a “full-fledged member” of the “New Due Process Army!”

Go Ava! Go Liliana! Due Process Forever! 

PWS

02-16-18

 

ICEMEN GONE WILD: MINDLESS, COUNTERPRODUCTIVE, CRUEL, WASTEFUL “GONZO” IMMIGRATION ENFORCEMENT IS THE ORDER OF THE DAY UNDER THE TRUMP/SESSIONS REGIME! — “Have discretion and humanity been dropped from the attributes that Americans can expect of their law enforcement agencies?”

https://www.washingtonpost.com/opinions/unshackled-by-the-trump-administration-deportation-agents-discount-basic-decency/2018/01/28/0785a7b2-013d-11e8-bb03-722769454f82_story.html

From the Washington Post Editorial Board:

“IMMIGRATION AND CUSTOMS Enforcement, the federal agency whose deportation agents have been unshackled by the Trump administration, has intensified its efforts to such a degree that cruelty now seems no impediment to its enforcement decisions, and common sense appears to play a diminishing role.

Recent months have brought news of one senseless detention and deportation after another. From all appearances, the agency seems to have embraced the idea that it is just to sunder established families and separate immigrant parents from their U.S.-born children — even in cases involving garden-variety technical violations of immigration rules.

Yes, the Obama administration also deported some longtime residents who had committed no serious offenses, but its deportation efforts were focused on criminals. By contrast, detentions of immigrants with no criminal records more than doubled in the first year of President Trump’s administration — to 13,600 in 2017 from 5,498 in 2016. Evidently seized by a vainglorious notion of its mission, ICE too often discounts basic decency as a guiding tenet.

How else to explain the detention and imminent deportation of a 27-year-old Ohio man, arrested for driving without a license, who is the only means of financial support, and one of just two trained medical caregivers, for a 6-year-old paraplegic boy (who also happens to be a U.S. citizen)? How else to explain the deportation of a construction worker in Michigan, the father of 10- and 3-year-old U.S.-born boys, who provided critical help to police in Detroit in their investigation of a shooting?

How else to explain the airport arrest and deportation of a 22-year-old female college student from Spain, visiting the United States for a vacation at the invitation of a librarian at Oregon State University, on grounds that she would give Spanish lessons to the librarian’s young son for a few weeks — work for which she lacked the right visa? How else to explain the deportation of a 39-year-old landscaper living in the Detroit suburbs, a father and husband of U.S. citizens, who had lived in the United States since age 10 and whose record was so unblemished that it didn’t even feature a traffic violation? How else to explain the Israeli undergraduate at the University of California at San Diego, a “dreamer” studying legally in the United States, who was detained upon trying to cross back into the United States minutes after his roommate made a wrong turn on the highway, unintentionally driving into Mexico?

In its boilerplate communiques, the agency defends its actions by insisting that it prioritizes bona fide threats to national security and public safety but exempts no category of “removable alien” from enforcement. Which raises a question: Have discretion and humanity been dropped from the attributes that Americans can expect of their law enforcement agencies?”

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

In answer to the Post’s question: YES, thanks exactly what has been happening in America since the very beginning of the Trump regime — starting with the “Muslim Ban” and continuing with a consistent White Supremecist agenda! Many of us have been saying that all along!

We already have the “New American Gulag” — expanded “civil” immigration detention in substandard, potentially even deadly conditions, in obscure “out of sight, out of mind” locations. There, individuals, many deserving legal protection from the US under our laws, are denied fair access to counsel and railroaded out of the country in what essentially are “mock court” hearings conducted by “judges” controlled by notorious White Nationalist Jeff “Gono Apocalypto” Sessions.

Sessions and his minions encourage the judges to view individuals in removal proceedings as “production numbers, possible fraudsters, and potential terrorists,” rather than as vulnerable human beings deserving of fairness, respect, and due process.

To complement the “New American Gulag,” we now have the “New American Gestapo,” headed by Acting Chief ICEMAN Tom Homan. It’s an internal police force that operates without rules, rhyme, reason, or humanity — in other words arbitrary “Gonzo” enforcement intended to terrorize ethnic (primarily Latino) communities.

And, in case you haven’t read about it, ICE now has the capacity to electronically track the whereabouts and driving patterns of every license plate in America —- including YOURS! Of course they say that they will only use it for “legitimate” law Enforcement purposes.

But, for the “New American Gestapo” everything is “legitimate” — boundaries on law enforcement conduct and misconduct went out the widow when the Trumpsters crawled in. Remember, Gonzo essentially told local police forces he really didn’t care what they were doing to the civil rights of African-Americans and other minorities as long as they were enforcing the law and bringing crime rates down!

This is why ICE is well on its way to becoming the most hated, distrusted, and least respected police force in America.

Had enough of the Trump Administation’s trampling on Constitutional rights, civil rights, human rights, and just plain old human decency in America! Join the resistance!

The “New Due Process Army” (“NDPA”) is out there every day fighting for the Due Process and the legal rights of everyone in America and standing up against the excesses of the Trump Administration. Join their effort today!

PWS

01-29-18