Tag: Tardiness

⚡️ZAPPED AGAIN: 4TH CIR. TELLS EOIR TARDY IS NOT ABSENT! — NDPA  Superstar 🌟 Helen Parsonage, Esquire, Comes Up Big For The Good Guys, Again! — Salomao v. Garland

 

https://www.ca4.uscourts.gov/opinions/201856.U.pdf

https://www.lexisnexis.com/LegalNewsRoom/immigration/b/insidenews/posts/ca4-on-in-absentia-order-tardy-does-not-mean-absent—salomao-v-garland

“This case arises out of an in absentia order against two Petitioners who allege to have arrived one hour and five minutes late to their individual hearing scheduled for several hours. Neither the immigration judge (“IJ”) nor the Board of Immigration Appeals (“BIA”) addressed this argument. For the reasons that follow, we find that the BIA abused its discretion when it made no mention of the alleged late arrival in its decision to dismiss the motion to reopen proceedings on appeal. Thus, we reverse and vacate the BIA’s order and remand for further proceedings consistent with this opinion. … We vacate and remand with instructions to the BIA to consider Petitioners’ motion to reopen. In doing so, the BIA should determine whether Petitioners arrived late, and if so, whether the surrounding circumstances show that this late arrival constitutes a failure to appear for the purposes of the statute’s preclusive effect.”

[Hats off to Helen Parsonage!]

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Daniel M. Kowalski

Editor-in-Chief

Bender’s Immigration Bulletin (LexisNexis)

cell/text/Signal (512) 826-0323

@dkbib on Twitter

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Free Daily Blog: www.bibdaily.com

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Congrats, Helen! 

Anybody have a guess as to how many of these “bogus in absentias” are out there right now? Haste makes waste!

🇺🇸 Due Process Forever!

PWS

05-03-22

Related posts:

  1. 🏴‍☠️☠️⚰️🆘GARLAND, MAYORKAS FAIL TO CORRECT GROSS ABUSES OF DUE PROCESS CAUSED BY MPP SYSTEM!  — Reopening All Of The Unconstitutionally Denied MPP Cases Should Be A “No Brainer” For Competent Officials & “Real” Judges! — Tell Judge Garland His Unconstitutional & Abusive Immigration Courts Can’t Wait To Be Fixed! — Lives Are Being Lost & Suffering Continues While He Diddles!
  2. ⚖️👍🏼😎LAW YOU CAN USE: Professor Geoffrey Hoffman Tells Us How To Use Niz-Chavez v. Garland To Fight DHS/EOIR’s “Fake Date NTA” Travesty!
  3. 👎🏽“GOOD ENOUGH FOR GOVERNMENT WORK” IS GOOD ENOUGH FOR GARLAND! ☹️ — FUNDAMENTALLY UNFAIR HEARINGS, BOGUS IN ABSENTIA REMOVAL ORDERS, UNREASONED PSG DENIALS, FAILURE TO FOLLOW CIRCUIT & OWN PRECEDENTS — The Life-Threatening ☠️☠️⚰️⚰️🪦 Errors Continue To Flow From EOIR’s “Culture Of Denial” — What’s Missing? — Accountability, Judicial Excellence, Due Process, Fundamental Fairness!
  4. 🏴‍☠️BIA CONTINUES TO SPEW FORTH ERRORS IN LIFE OR DEATH ☠️ ASYLUM CASES, SAYS 4TH CIR. — “Three-In-One” — Improperly Disregarding Corroborating Evidence; Incorrect Legal Standard On Past Persecution; Wrong Nexus Finding! — Arita-Deras v. Wilkinson

⚖️LAW YOU CAN USE: NDPA SUPERSTAR MICHELLE MENDEZ @ CLINIC: “The Board of Immigration Appeals Recognizes Tardiness May Present Exceptional Circumstances for Reopening an In Absentia Removal Order”

 

Michelle Mendez
Michelle Mendez
Defending Vulnerable Populations Director
Catholic Legal Immigration Network, Inc. (“CLINIC”)

https://cliniclegal.org/resources/removal-proceedings/board-immigration-appeals-recognizes-tardiness-may-present

KEY QUOTE:

Eminem has wisely asked, “If you had one shot or one opportunity to seize everything you ever wanted in one moment would you capture it or just let it slip?” Representatives should take a cue from these “Lose Yourself” lyrics and present the best motion to reopen possible because, generally, a respondent may only file one motion to reopen, so there is one shot, one opportunity to do so. To support representatives in accomplishing this goal, CLINIC offers numerous resources on motions to reopen, as well as training and mentorship.

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Taking advantage when opportunities present themselves; so critical to the effective practice of law, immigration or otherwise!

Thanks, Michelle, for enlightening us and for all you and CLINIC do for humanity!

🇺🇸Due Process Forever!

PWS

08-11-21

Related posts:

  1. THE TRUTH IS OUT, THANKS TO MICHELLE MENDEZ @ CLINIC: Practice Pointers on Matter of Castillo-Perez & “Takeaways” From FOIA Trove On In Absentias!
  2. 🇺🇸😎⚖️🗽👍🏼LAW YOU CAN USE:  Michelle Mendez and CLINIC Publish A New Practice Advisory on Opening & Closing Statements in Immigration Court
  3. 🗽ATTN NDPA: LAW YOU CAN USE — IN ACTION AND LIVING COLOR! 🎥 — ABA VIDEOS PRESENTS:  “Master Calendar — Episode 1 Of Fighting For Truth, Justice, & The American Way In America’s Most Arcane & Dysfunctional ‘Courts’” — Featuring Blockbuster Due Process Superstars 🤩 Of Stage, Screen, & Internet: Stephanie Baez, Denise Gilman, & Michelle Mendez!
  4. ⚖️🗽🧑🏽‍⚖️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!”