Tag: Pardon

THE GIBSON REPORT — 10-10-22 — Compiled By Elizabeth Gibson, Managing Attorney, NIJC — AMONG HEADLINERS: Ignoring Kids At Risk; Biden’s Marihuana Pardon Unlikely To Help Many Migrants; Garland’s DOJ On Wrong Side Of IJ “Muzzling” Suit!

 

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

NEWS

 

Appeals Court Says DACA Is Illegal but Keeps Program Alive for Now

NYT: The decision from the three-judge panel on the U.S. Court of Appeals for the Fifth Circuit — one of the country’s most conservative federal appellate courts — affirmed a 2021 lower court decision. The Biden administration will need to continue its legal fight to enroll new applicants in the program, called the Deferred Action for Childhood Arrivals, or DACA.

 

Biden’s marijuana pardon not likely to help many immigrants with deportation cases

SD Union-Trib: Simple marijuana possession is usually charged at the state rather than federal level, so if governors follow Biden’s lead, there could be a wider impact on immigration court cases…Biden’s Thursday proclamation also explicitly says that undocumented noncitizens are not eligible for the pardon.

 

New York Faces Record Homelessness as Mayor Declares Migrant Emergency

NYT: Mayor Eric Adams stepped up calls for state and federal aid as the number of people in city shelters topped 61,000. See also Democrat-led Texas city steps up migrant busing to New York, outpacing Republican effort; Documents: Florida migrant transport planning began in July.

 

“A Failure on All Our Parts.” Thousands of Immigrant Children Wait in Government Shelters.

ProPublica: The public has largely stopped paying attention to what’s happening inside shelters and other facilities that house immigrant children since President Donald Trump left office, and particularly since the end of his administration’s zero tolerance policy, which separated families at the southern border.

 

Migrants from three countries are driving the spike in encounters at the southern border, swamping a backlogged immigration system

CNN: Migrants from just three countries – Venezuela, Nicaragua and Cuba – made up about 56,000 of those encounters, or about 28 percent, federal data shows. See also US immigration: Why Indians are fleeing halfway around the world.

 

Blinken Announces Aid for Migrants, Refugees

VOA: Shortly before attending OAS ministerial talks on the perplexing question of migration in the western hemisphere, Blinken told reporters of “new humanitarian and bilateral and regional assistance” to the tune of $240 million. See also United States fell far short of refugee goal last fiscal year

 

Critic of Biden border policy in line to oversee DHS budget

Roll Call: With Cuellar in line to be the top Democrat in the next Congress on the House Homeland Security Appropriations Subcommittee, which oversees the Immigration and Customs Enforcement and Customs and Border Protection budgets, some Democrats and advocacy groups are growing concerned.

 

Border agents fired fatal shots after migrant grabbed weapon, FBI says

WaPo: A Mexican man who was shot fatally inside a Border Patrol station in Texas this week had grabbed an “edged weapon” off a desk inside the facility and continued to approach U.S. agents after they attempted to stop him with a Taser, the FBI said in a statement late Wednesday.

 

2 Russians Seek Asylum in US After Reaching Remote Alaska Island

VOA: Two Russians who said they fled the country to avoid military service have requested asylum in the U.S. after landing in a small boat on a remote Alaska island in the Bering Sea, U.S. Sen. Lisa Murkowski’s office said Thursday.

 

Undaunted by DeSantis, immigrant workers are heading to Florida to help with hurricane cleanup

CNN: Word that immigrants are now coming to help clean up some of his state’s most storm-ravaged communities hasn’t softened the governor’s stance.

 

LITIGATION & AGENCY UPDATES

 

High Court Won’t Review ‘Unfair’ Deadline For Deported Man

Law360: The U.S. Supreme Court on Monday turned away a deported Salvadoran man’s bid to look into an allegedly “unfairly” crafted deadline for filing deportation order reconsideration requests, ending his decades-long hope of returning to the U.S.

 

5th Circ. Affirms Toss Of DACA, Asks For Review Of Final Rule

Law360: The Fifth Circuit on Wednesday affirmed a Texas judge’s ruling that vacated the Obama administration’s Deferred Action for Childhood Arrivals program, which has protected some young immigrants from deportation, and barred new applicants, but asked the lower court to review the Biden administration’s recent final rule on the DACA program.

 

CA5 On Evidence, CAT, Cameroon: Ndifon V. Garland

LexisNexis: Ndifon claims the BIA failed to consider country conditions evidence when separately analyzing his CAT claim. We agree.

 

CA9 on Consular Reviewability: Muñoz v. Dept. of State

LexisNexis: Because we conclude that the government failed to provide the constitutionally required notice within a reasonable time period following the denial of Asencio-Cordero’s visa application, the government was not entitled to summary judgment based on the doctrine of consular nonreviewability.

 

Matter Of Bador, 28 I&N Dec. 638 (BIA 2022)

LexisNexis: A fraud waiver under section 237(a)(1)(H) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1227(a)(1)(H) (2018), does not waive a respondent’s removability under section 237(a)(1)(D)(i) of the INA, 8 U.S.C. § 1227(a)(1)(D)(i), where conditional permanent residence was terminated for failure to file a joint petition

 

Minn. Judge Ends Migrant Detention Suit, After $80K Deal

Law360: A Minnesota federal judge ended an American Civil Liberties Union-backed suit alleging that U.S. Customs and Border Protection assaulted and degraded two teenagers in its custody, after the agency agreed to pay the girls $80,000 to resolve the claims.

 

Fla. Seeks Trial Over Alleged US Policy Not To Detain Migrants

Law360: Florida pushed for a trial to resolve its contention that the Biden administration has a policy of releasing immigrants subject to detention, but asked a federal judge to first declare that the state has standing to challenge the alleged policy.

 

Feds Want Immigration Judges’ ‘Muzzled’ Speech Suit Axed

Law360: The head of a U.S. Department of Justice office on Friday asked a Virginia federal judge to nix a suit filed by an immigration judges association claiming they are “muzzled” by a policy that they say bars them from discussing their personal views on immigration, contending that a new policy encourages speech and simply requires supervisory approval.

 

USCIS 30-Day Notice and Request for Comment on USCIS Online Account Access

AILA: USCIS 30-day notice and request for comment on USCIS’s Online Account Access system, formerly called Identity and Credential Access Management (ICAM). Comments are due 11/7/22.

 

CBP Announces CDC Screening of Individuals with Travel Nexus to Republic of Uganda

AILA: Following an outbreak of Ebola in the Republic of Uganda, the CDC announced enhanced public health screening for flights departing after 11:59 pm (ET) on 10/10/22, for flights carrying travelers with nexus to Uganda. Said flights will be funneled through JFK, EWR, IAD, ATL, and ORD.

 

RESOURCES

 

EVENTS

 

 

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Elizabeth Gibson (Pronouns: she/her/ella)

Managing Attorney for Capacity Building and Mentorship

National Immigrant Justice Center

A HEARTLAND ALLIANCE Program

224 S. Michigan Ave., Suite 600, Chicago, IL 60604
T: (312) 660-1688| F: (312) 660-1688| E: egibson@heartlandalliance.org

www.immigrantjustice.org | Facebook | Twitter

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Given the disgraceful mess @ EOIR, it’s understandable that Garland & Co. fear IJ’s speaking out in public. It’s just not a justifiable position, particularly for a Democratic Administration.

🇺🇸Due Process Forever!

PWS

10-11-22

Related posts:

  1. THE GIBSON REPORT — 03-28-22 — Compiled By Elizabeth Gibson, Esquire, Managing Attorney, NIJC — HEADLINERS: ICE Lies To Congress About Attorney Access; BIA Flagged By 11th For Another “Categorical Approach” Blunder!
  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. 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!
  4. ⚖️ 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.”

Virginia Mother Of 2 Deported N/W/S Governor’s Pardon!

https://www.washingtonpost.com/local/social-issues/liliana-cruz-mendez-falls-church-mother-of-two-deported-to-el-salvador/2017/06/20/23c317ea-5600-11e7-b38e-35fd8e0c288f_story.html?hpid=hp_local-news_fairfaxdeport-7pm%3Ahomepage%2Fstory&utm_term=.09aea91718af

Maria Sacchetti reports in the Washington Post:

“Federal immigration officials have deported a mother of two from Falls Church back to her native El Salvador despite ­eleventh-hour efforts by Virginia Gov. Terry McAuliffe and others to help her stay in the United States.

Liliana Cruz Mendez was deported Wednesday, according to CASA, the nonprofit group that represented her after she was detained in May at a routine check-in with U.S. Immigration and Customs Enforcement. ICE confirmed the deportation.

After she was taken into custody, McAuliffe (D) pardoned Cruz Mendez’s 2014 conviction for a minor driving offense in hopes that it would spare her from having to leave the country.

The governor said she did not pose a public-safety threat. But federal immigration officials said she would be deported, noting that she had been in the United States illegally since 2006.

Cruz Mendez’s husband, Rene Bermudez, said the family was shattered by the deportation. He sobbed as he recounted how their children, aged 10 and 4, wept when they heard Cruz Mendez was gone.

Liliana Cruz Mendez’s husband Rene Bermudez, second from left, at a protest after she was arrested in May. Bermudez is holding his 4-year-old daughter Danyca and standing behind his son Steven , who is holding a placard that says in Spanish, “I am a very sad boy.” (Jim Watson/AFP/Getty Images)

“How can they take away their mother?” he said.

Bermudez said he cannot join his wife in El Salvador because he is in the process of obtaining a green card and must stay in the United States. He said he and his wife have been together for 15 years and have always paid taxes and gone to church.

He and his son and daughter last saw Cruz Mendez through a window at the immigration detention center.

“People don’t understand because they haven’t lived it. But believe me,” he said, his voice faltering, “I wouldn’t wish it on anyone.”

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Read the entire story at the link.

Intentional cruelty and arbitrary enforcement usually come back to haunt those who smugly carry them out. Exercising power for power’s sake is abusive.

PWS

06-20-17

 

 

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  4. MLK DAY 2018 — DR. KING’S DREAM OF AN AMERICA CELEBRATING EQUALITY & RACIAL HARMONY IS UNDER VICIOUS ATTACK BY TRUMP, PENCE, SESSIONS, AND A HOST OF OTHERS IN TODAY’S WHITE NATIONALIST ENABLING GOP — Who Is Going To Fight To Reclaim The Dream, & Who Is Going To “Go Along To Get Along” With The 21st Century Version Of Jim Crow?