HEADLINES:
TOP UPDATES
Supreme Court Denies Certiorari in DACA Rescission Case
SCOTUSblog: SCOTUS denied the administration’s request for review of a decision blocking termination of Deferred Action for Childhood Arrivals policy, without prejudice (meaning the case can come back to the justices).
State Department report will trim language on women’s rights, discrimination
Politico: The human rights bureau also has been directed to cut back a broader section in the various country reports generally called “discrimination, societal abuses and trafficking in persons.” Along with women’s reproductive rights, that section touches on topics such as anti-Semitism or pressures on the gay and lesbian community. It also includes discrimination that’s not necessarily government-sponsored.
US Deportations Targeting More People With No Crime Records
AP: U.S. Immigration and Customs Enforcement said 65 percent of arrests from October to December were criminals, compared to 82 percent during the final full three months of the Obama administration. Looked at another way, arrests of criminals jumped 14 percent to 25,626 from 22,484, but arrests of non-criminals nearly tripled to 13,548 from 4,918.
Under Trump, Border Patrol Steps Up Searches Far From the Border
NYT: Border Patrol officers are working without permission on private property and setting up checkpoints up to 100 miles away from the border under a little-known federal law that is being used more widely in the Trump administration’s aggressive crackdown on illegal immigration.
Big Brother is Following Immigrants
ImmProf: In January, ICE signed a contract with Vigilant, and the Electronic Frontier Foundation reported that the agency can use the database to drill down into the data for a single license plate to find where the person has lived, worked, gone to church, ran errands, and took their kids to school for the past five years. ICE can also add a license plate to a hotlist which then sends immediate sightings in real time directly to ICE.
U.S. Citizenship and Immigration Services Will Remove “Nation of Immigrants” From Mission Statement
The Intercept: Cissna wrote. “In particular, referring to applicants and petitioners for immigration benefits, and the beneficiaries of such applications and petitions, as ‘customers’ promotes an institutional culture that emphasizes the ultimate satisfaction of applicants and petitioners, rather than the correct adjudication of such applications and petitions according to the law.” Critically, Cissna added, “Use of the term leads to the erroneous belief that applicants and petitioners, rather than the American people, are whom we ultimately serve.”
Warning of ICE action, Oakland mayor takes Trump resistance to new level
The Hill: Schaaf cited information from “multiple credible sources” that Immigrations and Customs Enforcement (ICE) planned to conduct a sweep in California’s Bay Area, possibly as soon as the next day…The statement about the potential raids included information on the obligations of school officials and business owners to protect immigrants.
Trump floats ICE pullout in California
Politico: Trump’s comments appeared to be empty bluster. It’s extremely unlikely that his administration, which views undocumented immigration as a grave threat, would stop policing immigration in a border state — even one that gave Trump only 33 percent of the popular vote in 2016.
Visits by federal immigration authorities are spooking businesses and workers
LA Times: Are ICE’s audits new? No. ICE visits to employers hit a peak of 3,127 under President Obama in 2013, before his administration shifted its focus to deporting people convicted of serious crimes. In the 2017 fiscal year, ICE said it conducted 1,360 audits. But under Trump, who railed against both legal and illegal immigration during both the 2016 campaign and his presidency, ICE agents have become more willing to arrest anyone in the country illegally whom they encounter during enforcement actions, even if those people have no criminal convictions.
After testy call with Trump over border wall, Mexican president shelves plan to visit White House
WaPo: Peña Nieto was eyeing an official trip to Washington this month or in March, but both countries agreed to call off the plan after Trump would not agree to publicly affirm Mexico’s position that it would not fund construction of a border wall that the Mexican people widely consider offensive, said the officials, who spoke on the condition of anonymity to discuss a confidential conversation.
The US Undocumented Population Fell Sharply During the Obama Era: Estimates for 2016
CMS: [T]he steady decline in the [undocumented] population since 2010 refutes the recurrent argument that consideration by Congress of an earned legalization program or the DREAM Act, or even the establishment of the Deferred Action for Childhood Arrivals (DACA) program — all of which occurred during this time-frame — invariably leads to increased undocumented immigration. In addition, as previously documented by CMS, the United States has turned a significant corner in immigration enforcement. The remaining US undocumented population has extremely long tenure, strong equitable ties, and firm roots in the United States.
LITIGATION/CASELAW/RULES/MEMOS
Supreme Court Denies Certiorari in DACA Rescission Case
The Supreme Court denied certiorari, and noted that “[i]t is assumed that the Court of Appeals will proceed expeditiously to decide this case.” (DHS v. Regents of the University of California, 2/26/18). AILA Doc. No. 17091102.
Class Action Lawsuit Filed to Allow Certain Temporary Protected Status Recipients to Adjust Their Status
The American Immigration Council filed a class action lawsuit in a New York federal district court, challenging the unlawful practice of depriving certain TPS holders with close family relationships/employment in the U.S. from becoming lawful permanent residents. (Moreno v. Nielson, 2/22/18). AILA Doc. No. 18022337
Class Action Lawsuit Filed Challenging Prolonged Detention of Immigrant Children in New York
The New York Civil Liberties Union filed a class action lawsuit in the District Court of the Southern District of New York against the Office of Refugee Resettlement challenging the government’s prolonged detention of immigrant children across New York. (L.V.M v. Lloyd, 2/16/18). AILA Doc. No. 18022262
Brief Argues Attorney General Lacks Impartiality Necessary to Decide Immigration Cases
AIC: In a rare move, Attorney General Jeff Sessions recently referred an immigration case to himself, utilizing a regulation that gives attorney generals the power to reconsider cases previously decided by the Board of Immigration Appeals. But Sessions’ hostile anti-immigrant public statements, made over the course of his entire career, make him unfit to rule in an immigration case.
DOJ Files Complaint to Denaturalize Diversity Visa Recipient Who Obtained Naturalized Citizenship
DOJ filed a complaint in the Eastern District of Michigan to revoke the naturalization U.S. citizenship of Humayun Kabir Rahman after he failed to disclose two prior orders of removal and became a U.S. citizen in 2004. The case was referred by USCIS and identified as a part of Operation Janus. AILA Doc. No. 18022032
BIA Finds IJ Properly Considered Applicant’s Border Interview in Making Credibility Determination
The BIA dismissed the appeal, stating that when considering a border or airport interview in making a credibility determination, an IJ should assess the accuracy and reliability of the interview based on the totality of the circumstances. Matter of J-C-H-F-, 27 I&N Dec. 211 (BIA 2018). AILA Doc. No. 18022037
BIA Holds California Theft Statute Not a CIMT
Unpublished BIA decision holds that theft under Cal. Veh. Code 10851(a) is not a CIMT because it criminalizes joyriding and is not divisible. Special thanks to IRAC. (Matter of Arellano Aguilar, 4/28/17) AILA Doc. No. 18022035
BIA Finds Domestic Assault Not a CIMT
Unpublished BIA decision holds that fifth degree domestic assault under Minn. Stat. 609.2242, subd.1(2) is not a CIMT because neither physical contact nor infliction of injury is required. Special thanks to IRAC. (Matter of Omari, 4/28/17)AILA Doc. No. 18022036
BIA Holds Unauthorized Use of Personal Identifying Document Not a CIMT
Unpublished BIA decision holds that unauthorized use of personal identifying information of another under Cal. Penal Code 530.5(a)(5) is not a CIMT. Special thanks to IRAC. (Matter of Pangilinan, 4/26/17). AILA Doc. No. 18022364
BIA Finds Misprision of Felony Is a CIMT
The BIA dismissed the appeal, finding that misprision of felony in violation of 18 U.S.C. § 4 (2006) is categorically a crime involving moral turpitude (CIMT) and reaffirmed the holding in Matter of Robles. Matter of Mendez, 27 I&N Dec. 219 (BIA 2018). AILA Doc. No. 18022339
BIA Finds Possession of Motor Vehicle Part Without ID Number Is Not a CIMT
Unpublished BIA decision holds that possession of a motor vehicle part without an identification number under Utah Code 4-1a-1313 is not a CIMT because it does not require the part to be stolen or used unlawfully. Special thanks to IRAC. (Matter of Romero-Ramirez, 4/28/17). AILA Doc. No. 18022206
BIA Finds Sale or Transport of Controlled Substance Not an Aggravated Felony
Unpublished BIA decision holds sale or transport of controlled substance under Cal. Health & Safety Code 11352(a) not an aggravated felony because it includes mere solicitation, offer to sell, and importation from another state. Special thanks to IRAC. (Matter of Gallo, 4/28/17). AILA Doc. No. 18022202
CA1 Finds BIA Did Not Abuse Its Discretion in “Particularly Serious Crime” Analysis
The court denied the petitions for review, finding that the BIA did not abuse its discretion in concluding that the petitioner’s aggravated identity theft conviction was a “particularly serious crime” rendering her ineligible for withholding. (Valerio-Ramirez v. Sessions, 2/15/18). AILA Doc. No. 18022210
CA1 Remands Case to the BIA to Determine Whether Massachusetts Arson Is a CIMT
The court found that the reasoning the BIA used to conclude that Massachusetts arson is categorically a crime involving moral turpitude (CIMT) was inadequate, and remanded the petitioner’s case to the BIA. (Rosa Pena v. Sessions, 2/14/18). AILA Doc. No. 18022209
CA4 Holds BIA Erred in Finding Petitioner Did Not Meet Nexus Requirement for Asylum and Withholding Claims
The court found that the BIA erred in holding that the petitioner did not meet the “nexus” requirement for his asylum and withholding of removal claims, finding that at least one central reason for his persecution by MS-13 was his membership in his family. (Salgado-Sosa v. Sessions, 2/13/18). AILA Doc. No. 18022232
CA5 Denies Petition for Review Where Petitioner Claimed Lack of Notice of Hearing
The court denied the petition for review, holding that the BIA did not abuse its discretion in affirming the IJ’s decision that the petitioner received proper notice of her hearing where delivery of the notice occurred at the address the petitioner provided. (Garcia Nunez v. Sessions, 2/8/18). AILA Doc. No. 18022336
CA7 Denies Petition for Review of Denial of CAT Relief for Bisexual Jamaican Citizen
The court concluded that the denial of CAT deferral of removal was supported by substantial evidence, finding that the petitioner, a bisexual Jamaican citizen, did not provide sufficient evidence that he specifically would be targeted for extreme violence. (Bernard v. Sessions, 2/8/18). AILA Doc. No. 18022335
CA9 Vacates Denial of Chinese Petitioner’s Asylum Application
Where the petitioner had been persecuted by Chinese authorities after opposing eminent domain, the court vacated the BIA’s denial of his asylum application, finding that the persecution was on account of an imputed political opinion. (Song v. Sessions, 12/18/17, amended 2/15/18). AILA Doc. No. 17122000
CA9 Holds That Children of LPRs May Take Advantage of Age Calculation Formula in INA §203(h)(1)
The court held that the word “age” in INA §201(f)(2) refers unambiguously to age as calculated under INA §203(h)(1), and rejected the BIA’s contrary holding in Matter of Zamora-Molina. (Rodriguez Tovar v. Sessions, 2/14/18). AILA Doc. No. 18022344
CA9 Says Detention of Noncitizens Subject to Reinstated Removal Orders Is Governed by INA §241(a)
The court held that reinstated removal orders are administratively final, and that the detention of noncitizens subject to reinstated removal orders is governed by INA §241(a). Thus, the petitioner was not entitled to a bond hearing. (Padilla-Ramirez v. Bible, 7/6/17, amended 2/15/18). AILA Doc. No. 17072668
CA9 Refuses to Remand Case Where Petitioners Did Not Show Eligibility for Administrative Closure
The court found that the IJ and BIA erred by not reviewing the petitioners’ administrative closure request, but that remand was not required because the petitioners did not show eligibility for administrative closure under the Avetisyan factors. (Gonzalez-Caraveo v. Sessions, 2/14/18). AILA Doc. No. 18022338
CA10 Affirms District Court’s Certification of Two Classes of ICE Detainees in Private Contract Detention Facility
The court affirmed the district court’s certification of two classes of ICE detainees housed in a GEO group private contract detention facility in Aurora, Colorado. The detainees’ complaint is based on a forced labor claim and an unjust enrichment claim. (Menocal v. GEO Group, 2/9/18). AILA Doc. No. 18022330
CA11 Holds That Petitioner’s Florida Drug Trafficking Conviction Was Categorically Not an Aggravated Felony
The court held that Florida Statutes §893.135(1)(c)1. (2007), which criminalized various narcotics offenses, was indivisible and categorically overbroad, and therefore a conviction under that statute cannot qualify as an aggravated felony under the INA. (Cintron v. Attorney General, 2/20/18). AILA Doc. No. 18022361
ACTIONS
Survey on Northern Triangle Asylum Cases: We are Temple Law students seeking your feedback on a project we are working on with the Washington Office on Latin America (WOLA) to support asylum claims from the Northern Triangle. We aim to provide asylum lawyers with country conditions information tailored to specific issues that arise commonly in cases from the Northern Triangle but lack sufficient easily accessible factual support. This is where you come in. We need your advice to determine which issues and countries we should prioritize in our efforts. To that end, we’d be grateful if you could complete this survey
RESOURCES
- Crossing State Lines: A Practical Guide for Immigration Lawyers When Volunteering Their Services Out-of-State
- Withdrawal of Representation in Immigration Practice
- USCIS Posted Asylum Officer Lesson Plans
- Chinese Exclusion Act Documentary– available free for educational purposes
- Need for Greater Oversight in Immigration Detention, Says Report
- USCIS Changes to Asylum Interview Scheduling Allows Long-Pending Cases to Languish
· Pew: Key facts about U.S. immigration policies and proposed changes
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PWS
02-27-18