WITH LOTS OF HELP FROM OUR FRIENDS @ ARENT FOX, ROUND TABLE 🛡⚔️⚖️👩🏻‍⚖️🗽STRIKES ANOTHER BLOW FOR DUE PROCESS! — Here’s Our Amicus Brief in Matter of A-M-R-C- — Issue: AG’s Interference With 14-Year-Old Final Asylum Grant!

 

 

Nancy A. Noonan
Nancy A. Noonan
Partner
Arent Fox
D.C.

 

Berin S. Romagnolo
Berin S. Romagnolo
Of Counsel
Arent Fox
Boston
Sara T. Schneider
Sara T. Schneider
Associate
Aren’t Fox
San Francisco
Jake Christensen
Jake Christensen
Associate
Arent Fox
San Francisco

 

2020 0929 AMRC Amicus Brief with Exhibits – Amended POS

In the absence of any justifying change in fact or law, the Attorney General (“AG”) has reopened Mr. Chowdhury’s case fourteen (14) years after he received a final decision on the merits of his claim for asylum following a full evidentiary hearing before the Immigration Judge (“IJ”) and a complete and fair review by the Board of Immigration Appeals (“BIA” or “Board”).
The AG’s invocation of his self-referral authority is wholly improper here. As an initial matter, the AG lacks the authority to reopen and terminate asylum cases once asylum has been granted by an IJ or the Board. But even if the AG had such authority, doing so in this case constitutes ultra vires conduct in violation of Mr. Chowdhury’s due process rights given the excessive and unreasonable delay in referral. The referral is additionally improper because, under the principles of res judicata, there should be a finality and certainty to judgments, particularly where there is no change in fact or law and so much time has passed. In addition, it appears that the AG is succumbing to political pressure from the Executive branch and is reopening the case to align with its foreign policy to aid Bangladesh. Such bias and political motivation is contrary to our immigration system, and indeed our entire legal system. Lastly, the unjustified and excessive delay in reviewing Mr. Chowdhury’s case violates his due process rights and runs contrary to the humanitarian intent of the law.
The AG’s decision to intervene unfairly and unlawfully in a long-settled asylum case infringes the sense of safety, security, and wellbeing of not only Mr. Chowdhury and his family, but also tens of thousands of other asylees who have made their homes in the U.S. in reliance on asylum and protection from persecution and in many cases, violence, in their countries of origin. The Amici Curie respectfully urge the AG to leave Mr. Chowdhury’s asylum case undisturbed, thereby respecting his rights as well, as the rights of the tens of thousands of asylees who have been granted refuge here, and maintaining the fair and impartial adjudication process in place.

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

Read the entire brief at the above link.

Many thanks again to Nancy and her pro bono team at Arent Fox!

Knightess
Knightess of the Round Table

PWS

10-04-20

POLITICS/HEALTH: Bess Levin @ Vanity Fair: The Pandemic Finally Comes Home To The White House

Bess Levin
Bess Levin
Politics & Finance Writer
Vanity Fair

From The Levin Report for Oct. 2, 2020:

On Friday afternoon, Donald Trump’s approach for the entirety of the pandemic, i.e. utter disdain for mask-wearing, social distancing, and taking the advice of experts in general, reached its inevitable conclusion when he was transported to Walter Reed hospital after testing positive for COVID-19 in the early hours of the morning. On top of the president’s escalating health situation, the virus has also infected a number of people with whom Typhoid Donald and others in the administration have come in contact over the last several days, including first lady Melania Trump, adviser Hope Hicks, three members of the White House press corp, a White House staffer, Republican National Committee Chairwoman Ronna McDaniel, and Senator Mike Lee, who spent last weekend rubbing up against anyone in arm’s reach at an event in the Rose Garden to announce Amy Coney Barrett’s nomination to the Supreme Court. And while at this point mandating masks in the White House would be kind of a no-brainer, if not an extreme case of the horse having already left the Oval Office, apparently the administration is planning to just let herd immunity take its course.

Yes, as of Friday afternoon, the Associated Press and the Wall Street Journal were both reporting that the administration still wasn’t requiring employees to wear masks, describing the use of the coverings as “a personal choice,” despite overwhelming evidence that they help stop the spread of the highly contagious disease. As if to really drive home the point that the administration remains hostile toward science and medical expertise, throughout the day numerous officials appeared on camera sans mask, including chief of staff Mark Meadows . . . .

 ********************************

Read/subscribe to the full Levin Report here:

https://vanityfair.us17.listmanage.com/profile?u=5fad3815e951f20a4a17e2c3f&id=f1626e1ce8&e=adce5e3390

Wow! Who would have thought that taking COVID-19 seriously, taking precautions, and wearing a mask would make a difference? Certainly, nobody in the White House!

While some reporters are using the term “surreal” to describe yesterday at the White House, that term would hardly distinguish yesterday from every other day of the Trump Administration. We’ve been living in “The Twilight Zone” for so long that nobody can remember what “normal” was.

 

PWS

10-03-20

🇺🇸ELECTION: NDPA “CALL TO ACTION” 🗽– HERE ARE “REAL LIFE” THINGS YOU CAN DO TO SAVE OUR NATION THIS FALL!

ELECTION: HERE ARE “REAL LIFE” THINGS YOU CAN DO TO SAVE OUR NATION THIS FALL!

 

https://nam02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fbit.ly%2F2QV4cC9&data=02%7C01%7C%7Ca37ac6a9da0b4b37201108d850a3f8e4%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637348012462505702&sdata=4hJ1XxSAXZDEItHRRI%2FYb%2BV5YRb0smSbysrHOaeIiRk%3D&reserved=0

Gary Sampliner
Gary Sampliner
Retired Federal Attorney

From Gary Sampliner

 

Gary is a retired federal attorney who is heading up election efforts for a small DC area social action organization called JAMAAT (Jews and Muslims and Allies Acting Together).

 

 

 

 

Election 2020:  Some Ways to Get Involved

 

  • Mass texting. This is a means of voter outreach that it is a lot of fun and effective in getting the message out and having conversations with many voters in a short period of time — and great for those with strong aversions to talking to strangers on the phone.  Although some training is needed for this, mass texting can be learned within an hour, and anyone can pick up how it is done within a short time of starting to do the actual texts.  Organizations use programs that allow volunteers to send a pre-written text message out to voters through their computers in batches of 200-1000, which can be done in no more than 2-4 minutes.  On average, 10-20% will answer, some immediately and others trickling in over the next few hours.  Volunteers can then engage with many of these voters, usually through a wide variety of scripted answers which mostly cover the waterfront of responses they receive, and sometimes result in more creative and substantive conversations.  You can complete all of your conversations for a batch in 60-90 minutes, with occasional check-ins for a few responses that trickle in over the next 48 hours.  The voters only get your first name and don’t have your phone number or further information about you. You can get going in doing mass texts that reach 1000 voters at a time and result in many substantive discussions through the People’s Action Network, which is now sending over a million texts a week to voters in key swing states, by clicking here:

 

  • Phone banking. While phone banking has its rewards and occasional frustrations, it has been found to be the most effective means of engaging voters other than door-to-door canvassing.  Most campaigns now use electronic dialers, to dial quickly and allow callers to speak only to people who answer, and they also usually provide a script to use and adapt to their own words.  While there can be many wrong numbers and occasional confrontations, many of the phone banks target likely friendly groups of people (e.g. Dem voters who we encourage to come out and get or submit ballots).  In this year of COVID, phone bankers are finding that the proportion of lonely people who will pick up the phone and talk is increasing.

 

  • Writing post cards.  A great outreach technique for the worst technophobes!    A nationally known non-partisan campaign called Reclaim Our Vote has sent over 5 million post cards, primarily to deregistered (purged from the rolls) voters of color in swing states, urging recipients to register and to vote, and provide needed contact info, and is looking to send out many more as soon as possible, before shifting its efforts to phone banking and texting.  (https://actionnetwork.org/forms/reclaim-our-vote-signup).  Reclaim Our Vote is also one of the few campaign-related organizations that houses of worship and other 501(c)(3) organizations can participate in, and to which people can make tax-deductible contributions, because it is non-partisan (it does not search out voters by party registration).  Its parent organization, Center for Common Ground, is itself a 501(c)(3) organization.  Another group called Postcards to Voters (https://postcardstovoters.org/) writes post cards to Democratic leaning voters in swing states around the country.  The group has a few openings in a local chapter in the DC area where one of our JAMAAT members is active, and they get together in periodic friendly Zoom meetings to write post cards and get to know each other.  Please contact us at JAMAAT if you are interested.

 

  • Writing Letters. Another great outlet for the tech-challenged.   An organization called Vote Forward, https://votefwd.org, is working with groups such as Swing Left to have volunteers write 10 million letters to infrequent Democratic voters in swing states, to send shortly before the election to remind them to vote.  They have had past success with their strategy, because recipients are likely to open the handwritten, personally addressed letters that remind people to vote shortly before the election.  This year, they have decided to send their letters out on October 17.

 

  • Organizing friends and family. We all know that individuals have far more influence on people they know than on strangers.  The Biden campaign has come up with a training program and app called Vote Joe, available on the App Store, to help organize friends and family, which seems particularly useful for young people with infrequently voting friends or people with friends and family who need to be acquainted with basic facts on the issues.  The app allows users to help figure out whom to target, by providing access to publicly available voting data to show how frequently any person has voted and (depending on the state) the party for which they registered, and provides easily accessible information on the major issues of concern to voters.   For the next of the training programs that shows how to use the app and more, see  https://www.mobilize.us/2020victory/?address=20850&lat=39.0839994&lon=-77.1527813.

 

In addition, MoveOn has put together a Mobilize to Win program that provides a framework for how to reach friends and family effectively in the 17 key battleground states for the Presidential and Senate elections and getting them and people in their networks to vote: https://front.moveon.org/mobilize-to-win/.

 

  • Poll watching and voter assistance hotlinesWith all the news about Republican efforts at voter suppression and massive disqualification of votes, Democratic groups have sprung up to resist such efforts through voter education and poll observation.  You can get involved with the Biden campaign as a poll observer by clicking here, be trained on how to answer questions on the Biden campaign’s National Voter Assistance hotline by clicking here, and become involved as a nonpartisan Election Protection volunteer, supported by many of our country’s best-known non-partisan election protection organizations, by clicking here.
  • Giving money. You are all deluged with requests for donations that seem to come from every organization on Earth, each of which professes to be the one in greatest need of your money.  This document will not endorse giving to any of the worthy organizations listed here over any others.  But if you have money to donate to one or more political campaigns, and you care about particular issues, you can increase the impact of your contribution by donating through a PAC of an interest group whose positions on your issue of concern are supported by that group.  One organization to consider, for anyone interested in promoting an equitable two-state solution in Israel and Palestine, is the J Street PAC, https://jstreet.org/about-us/about-jstreetpac/#.X0gfNMhKg2w.   In its 12 years that it has been in existence, this group has hired some of the savviest people on the Hill, which has helped propel J Street into becoming one of the most successful Jewish organizations in Washington.  One service they offer, if you wish to donate to Senate or House campaigns but could use some guidance on which campaigns are most in need of money that can make a difference, is to consult with their resident expert on this subject, Capital/South Assistant Regional Director Mike Fox, mike@jstreet.org. You will need to become a member of J Street through its web site in order to donate through the PAC, at no financial obligation.  All monies donated through the PAC will go directly to the designated candidate.

 

  • Organizations doing various types of voter outreach

 

  • 2020 Victory (mobilize.us/2020victory/) is the website for the DNC, for both the Biden/Harris campaign and downballot campaigns in battleground states. Here you can get text training (required before doing any texting on their campaigns), phone banking, and different types of organizing, and then sign up for particular phone banking, texting, and get out the vote events to all manner of targeted audiences.

 

  • Moms Demand Action on Gun Sense has a very active Maryland chapter coordinating postcarding for Spanberger and Luria (the two likely close congressional races in our area) and for Reclaim Our Vote, as well as texting (currently with 2020 Victory) and phone banking.  They do frequent small group Zoom parties in connection with their events, led by their experienced team heads, to give tips, conversation, and offer incentives like campaign swag for frequent participants. You can contact them through the Moms Demand Action – MD Facebook page or you can e-mail mocomomselections@gmail.com.

 

  • Seed the Votehttps://www.everydaypeoplepac.org/seedthevote/, a Bay Area-organized campaign of progressive organizations, is teaming with groups from AZ, PA, and FL to do phone-banking and texting to those critical states each day of the week. Their partner organizations feature a “deep canvassing” technique to try to understand the concerns of infrequent and swing voters, to get back to them with answers to questions they cannot handle from initial questions, and to refer people in need of resources to helping institutions.

 

  • Powered by People is a PAC started and led by Beto O’Rourke, which makes calls to Texas Democrats and people of color: see https://map.betoorourke.com/  Its phone banks feature 1 or 2 weekly 2-hour sessions that start with a Zoom conference with inspirational remarks led by Beto himself, and feature both an automatic dialer I’ve found works very well and a good supportive staff who can help with issues while calls are ongoing.

 

  • Bend the Arc: Jewish Action, the progressive Jewish organization that focuses on domestic issues such as racial justice, immigration, and the environment, is running a Vote Out Fear campaign (https://www.bendthearc.us/vote_out_fear_pb), doing phone banking and text banking aimed at swing Jewish voters (initially in Florida and Georgia, now expanded to include six other key states).

 

  • Turnout 2020, https://turnout2020.org/, a program of a coalition of left-leaning groups called the Progressive Turnout Project, primarily makes calls to infrequent Democratic swing state voters to urge them to take action, normally on Tuesdays and Thursdays. They are currently calling Arizona and Pennsylvania voters to encourage that they request a vote-by-mail ballot, with talking points to help voters understand options.

 

  • JAMAAT (Jews and Muslims and Allies Acting Together) is a small grass roots organization in the DC area that focuses on fighting Islamophobia and anti-Semitism, as well as on issues like immigration, preventing gun violence, and the environment. Its members have been working with all of the groups listed here.  Interested people can participate in our next virtual organizing meeting on Sunday, October 4 at 7:00 pm EDT, for which they should register at http://bit.ly/jamaat2020.  Any questions should be referred to gsampliner@gmail.com.

 

  • Reclaim our Vote, https://actionnetwork.org/forms/reclaim-our-vote-signup, which will be pivoting later in September from post card writing to phone and text banking, and they have useful training courses coming up to help hesitant phone bankers, some on Mondays and some at other times.

 

  • Grassroots Democrats (https://grassrootsdems.org/) is a California-based organization that has gone national and participates in phone banking and texting campaigns in most of the battleground states. They have a well-organized website to hook interested people into phone banking and texting opportunities, as well as training, in battleground state races of their choice, and good links to other key websites to get brief summaries of the candidates; background and positions.

 

 

 

o   Changing the Conversation (ctctogether.org) is a group that is doing both telephone and (under a strict protocol) door-to-door canvassing, focusing on Pennsylvania.  They train people extensively in “deep canvassing,” which has worked to persuade reluctant voters to vote and change the minds of least the less ardent Trump supporters, not by using facts and arguments but by story-telling, building empathy, and getting voters to tell their own stories that can cause them to convince themselves to come out to vote and vote our way.

 

o   Environmental Voter Project (https://www.environmentalvoter.org/) is a non-partisan organization that uses big-data analytics to identify inactive environmentalists in battleground states and then through its phone banks and text banks, applies cutting-edge behavioral science to turn them into more consistent voters.

 

 

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

This November, vote like your life and our nation depend open it. Becauise they do!

PWS

10-03-20

 

 

“A Complete Abdication of Our Humanitarian and Moral Duty” – Outside News – Immigration Law – LexisNexis® Legal Newsroom

Syrian Refugee
Syrian Refugee photography work by Bengin Ahmad
Creative Commons License
Dan Kowalski
Dan Kowalski
Online Editor of the LexisNexis Immigration Law Community (ILC)

From Dan Kowalski @ LexisNexis Immigration Community:

 

https://www.lexisnexis.com/legalnewsroom/immigration/b/outsidenews/posts/a-complete-abdication-of-our-humanitarian-and-moral-duty

“A Complete Abdication of Our Humanitarian and Moral Duty”

LIRS, Oct. 1, 2020

“The Trump administration proposed its annual refugee admissions ceiling just before midnight on Wednesday, September 30, committing to resettle just 15,000 individuals in Fiscal Year 2021, which would be the lowest admissions ceiling since the inception of the U.S. Refugee Admissions Program (USRAP).

The announcement comes on the heels of what was previously the lowest level of refugee admissions in American history. For FY 2020, which ended on September 30, the administration had set a goal to welcome just 18,000 refugees, in stark contrast to the average admissions ceiling of approximately 95,000 since the beginning of the USRAP. Despite this historically low target, the administration barely attained 65% of allotted admissions – resettling only 11,814 refugees this fiscal year, according to Lutheran Immigration and Refugee Service.

“In just four years, this Administration has cut the refugee resettlement program from 110,000 to a historic low of fifteen thousand. At a time of unprecedented global need, today’s decision to further cut the refugee admissions ceiling is a complete abdication of our humanitarian and moral duty.” said Krish O’Mara Vignarajah, president and CEO of Lutheran Immigration and Refugee Service, a resettlement agency that has welcomed hundreds of thousands of refugees since 1939. “Let this serve as a wake-up call to those who believe this administration supports avenues of legal immigration. Refugees go through extreme vetting and have done everything our government has asked of them, yet they continue to be met with open hostility and egregious processing delays from this administration”

The record-low admissions figures have also disproportionately impacted certain groups. Admissions of Muslim refugees have declined to just 2,503, down from approximately 38,900 in FY 2016 and approximately 4,900 in FY 2019. Additionally, the Trump administration set aside 4,000 slots for Iraqi allies who assisted U.S. interests in their home country. However, it fell drastically short, resettling only 123 individuals in this category, or just 3% of the admissions goal.

“It shows the tragic extent to which we have abandoned our Iraqi allies who risked their lives, and those of their family members, to assist U.S. government and military personnel,” noted Vignarajah. “This further undermines our diplomatic and military efforts, rendering it nearly impossible to garner support from regional allies moving forward.”

Given FY2020’s record-low admissions numbers and an FY2021 proposed admissions ceiling of only 15,000, refugee advocates are deeply concerned by the human toll on the most vulnerable.

“In real terms, this means that families who have already waited years are forced to postpone reunification. It means that thousands who would otherwise find safety on our shores are left to languish in refugee camps, with no end in sight,” concluded Vignarajah. “This heartless decision is diametrically opposed to our values as a welcoming nation and it dishonors our common humanity at a time of dire need.”

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

Here’s then”Trump Regression” — From international leader, to outlier, to outlaw state!🏴‍☠️

This Fall, vote for a return to humanity and the rule of law!

PWS

10-02-20

👨🏻‍⚖️JUDICIARY: GOP Appointed Senior USD Judge John D. Bates Shows What We Used To Expect From Our Federal Judiciary Before The Era Of Biased Righty Zealots — Slams Trump/Billy Bogus Racist “Presidential Commission on Law Enforcement and the Administration of Justice,” Stuffs Release Of Trump White Nationalist Political Propaganda In Guise Of “Report!”

Judge John D. Bates
Hon. John D. Bates
Senior US District Judge, DC
Official USG Photo — Public Realm

https://www.huffpost.com/entry/trump-law-enforcement-task-force_n_5f75fd84c5b6c35a64194768

Ryan J.Reilly reports for HuffPost:

A federal judge on Thursday ordered the Trump administration not to release a report by the Presidential Commission on Law Enforcement and the Administration of Justice, finding that the group ― comprised entirely of current and former members of law enforcement ― had been “far from transparent.”

Senior U.S. District Judge John Bates, a George W. Bush appointee, issued a 45-page ruling finding that commission ― which President Donald Trump announced with fanfare at a police conference last year ― had violated the Federal Advisory Committee Act (FACA), which requires that committees be “fairly balanced” in the viewpoints represented.

Attorney General William Barr said there was a need to hear from a “diversity of backgrounds and perspectives,” but the commission was full of law enforcement officials. Bates’ order requires Barr “to ensure the Commission has a fairly balanced membership.”

Last month, as HuffPost previously reported, an elected prosecutor quit one of the commission’s working groups because he worried that it was “providing cover” for a predetermined law-and-order agenda that “will only widen the divisions in our nation.”

Bates wrote that the commission’s membership “consists entirely of current and former law enforcement officials” and that no commissioner “has a criminal defense, civil rights, or community organization background.”

“Especially in 2020, when racial justice and civil rights issues involving law enforcement have erupted across the nation, one may legitimately question whether it is sound policy to have a group with little diversity of experience examine, behind closed doors, the sensitive issues facing law enforcement and the criminal justice system in America today,” he wrote.

. . . .

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

Read the full article at the link.

YOUR tax dollars being squandered by corrupt AG on White Nationalist political propaganda. But, given that Billy the Bigot is siphoning off money from the public to fund the campaign of a racist President and his racist GOP “party,” that should be little surprise!

Billy is a one-man illegality machine. 🏴‍☠️ But, rarely does a Federal Judge call out his personal illegal and unethical conduct this clearly!

Due Process Forever!

PWS

10-02-20

MUSICAL EDITORIAL: “Weird Al Presents: ‘America Is Doomed,’ The Musical”

Trump Clown
Donald J. Trump
Famous American Clown
(Officially titled “Ass Clown”)
Artist: Scott Scheidly
Orlando, FL
Reproduced by permission
Weird Al
“Weird Al” Yankovic
Musician, Songwriter, Entertainer
Photo:Chris Favero from USA
Creative Commons Attribution-Share Alike 2.0 Generic license.

https://www.nytimes.com/video/opinion/100000007370133/presidential-debate-weird-al.html?action=click&module=Opinion&pgtype=Homepage

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

W. Al, always one of my favorites!

PWS

10-01-20

⚖️HON. SHIRA SCHEINDLIN👩🏻‍⚖️ @ THE GUARDIAN: Barrett Nomination Part & Parcel Of GOP Destruction Of American Democracy! 🏴‍☠️ – The Continued Erosion Of The Supremes & The Federal Judiciary Is Destroying Our Nation!👎

Hon. Shira Scheindlin
Hon. Shira A. Scheindlin
Retired US District Judge
Photo: Joel Spector ©2013
Creative Commons License

 

https://www.theguardian.com/commentisfree/2020/sep/29/supreme-court-conservatives-trump-amy-coney-barrett?CMP=Share_iOSApp_Other

 

. . . .

 

This is no longer the case. Public confidence and public perception that the courts are non-partisan has eroded. The Republican boycott of Garland, together with Trump’s unprecedented nomination of Barrett and her likely confirmation, will seal the Republican theft of two supreme court seats, at least in the eyes of more than half the electorate, and will ensure conservative control of the court for decades to come.

If Barrett’s record is any indication, the court will soon turn its back on its most treasured precedents and turn America into a more regressive country. Before joining the bench just three years ago, she served as a law clerk to Scalia, whose judicial philosophy she has fully embraced. She has also been a longtime member of the rightwing Federalist Society.

 

Public confidence and public perception that the courts are non-partisan has eroded

Her short judicial record, together with her scholarly writings, reveal that she is a rock-solid conservative jurist. Like Scalia, she defines herself as an originalist and textualist, which means that the constitution must be viewed as of the time it was written. From that perspective, there is nothing in the constitution that would explicitly support abortion rights, gay marriage, mandatory school desegregation, or the right to suppress evidence that is illegally seized. By contrast, in one of her most famous opinions, United States v Virginia (1996), Ginsburg wrote that “a prime part of the history of our constitution … is the story of the extension of constitutional rights and protections to people once ignored or excluded.”

In a 2013 article, Barrett repeatedly expressed the view that the supreme court had created, through judicial fiat, a framework of abortion on demand that ignited a national controversy. In an opinion she joined with another judge, she expressed doubt that a law preventing parents from terminating a pregnancy because they did not want a child of a particular sex or one with a disability could be unconstitutional. These writings surely indicate that Barrett will do whatever she can to limit or eliminate abortion rights.

Barrett has also expressed dissatisfaction with the Affordable Care Act and support for a broad interpretation of the second amendment. She has writtenthat Chief Justice John Roberts “pushed the Affordable Care Act beyond its plausible meaning”. She also quoted Scalia, when he wrote that “the statute known as Obamacare should be renamed ‘Scotuscare’” in “honor of the court’s willingness to ‘rewrite’ the statute in order to keep it afloat”. There is little doubt that Barrett would be inclined to find the Affordable Care Act unconstitutional and thereby deprive millions of Americans of affordable healthcare coverage. Similarly, she wrote a dissenting opinion questioning the constitutionality of a statute that prohibited ex-felons from purchasing guns. Thus, she has demonstrated her fealty to the NRA position that the more guns the better – inevitably leading to more Americans dying from gun violence.

When addressing the legal doctrine known as stare decisis, meaning respect for precedent, Barrett wrote that she “tend[ed] to agree with those who say that a justice’s duty is to the constitution and that it is thus more legitimate for her to enforce her best understanding of the constitution rather than a precedent she thinks is clearly in conflict with it”. In other words, she would overturn landmark decisions such as Brown v Board of Education or Roe v Wade if those decisions did not reflect her best understanding of the constitution.

Amy Coney Barrett: what will she mean for women’s rights?

 

Read more

Stunningly, in an interview in 2016, when asked whether Congress should confirm Obama’s nominee during an election year, Barrett responded that confirmation should wait until after the election because an immediate replacement would “dramatically flip the balance of power”. Given that answer, she should decline the nomination, as her confirmation would even more dramatically flip the balance of the court, entrenching a 6-3 conservative majority.

Confirming this nominee before the outcome of the national elections – which will determine both the identity of the next president and the composition of a new Senate – is unprecedented, inexcusable and a threat to many rights that the majority of Americans have embraced. This is a tragedy about to happen.

  • Shira A Scheindlin served as a United States district judge for the southern district of New York for 22 years. She is the co-chair of the board of the Lawyers Committee for Civil Rights Under Law and a board member of the American Constitution Society

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

Read the rest of Judge Scheindlin’s article at the link.

 

As I have been saying “Better Judges For A Better America!”  It starts with electing a President who will nominate them and a Senate that will confirm them. That requires “regime change” and defeat of the GOP Anti-Democracy Party at all levels.

 

Dems need to stop sputtering about Barrett, whom they don’t appear able to stop anyway, and get out the vote to insure that she will be the last GOP far right shill on Supremes for many years! Rebuilding and improving American democracy starts NOW, with THIS ELECTION.  As Willie Nelson says: “Vote ‘Em Out, Vote ‘Em Out!”

 

BTW, “Moscow Mitch” and his GOP toadies have plenty of time to race through the Barrett confirmation during an election, but no time to help Americans thrown out of work or losing their health insurance because of the pandemic!🤮⚰️

 

PWS

 

10-01-20

 

🆘🏴‍☠️RELIGION & ETHICS: HELP: TRUMP’S CLAIMS TO SUPPORT RELIGION ARE TOTALLY BOGUS — TRUMP ICE’S ATTACKS ON GENUINE RELIGIOUS COMMUNITIES ARE TOTALLY REAL! — Here’s An Example Of How ICE Disparages Christ’s Humane Message!

 

—–Original Message—–

From: Kara Scroggins <kara@glenmontumc.org>

To: congregation@glenmontumc.org

Sent: Tue, Sep 29, 2020 4:47 pm

Subject: Updates and Actions for Siahaan Family

Good afternoon everyone,

Thank you for your prayers and support this week. In the days leading up to Binsar’s habeas hearing on Friday, we are continuing to build momentum and raise our voices to God and to the people who hold secular power.

Today we gathered at the ICE Field Office in Baltimore and held a demonstration. Three of us were able to gain entry into the building and pressed the staff until they agreed to deliver our bix box of printed petitions to the Field Office Director. The District Commander that I spoke to said he had read about the case in the papers, and we should take it to the National Headquarters in DC. So we will (see below.)

Tomorrow, we are driving calls to elected representatives. Our Maryland Congressional Delegation has said that they are on board, yet in the last two weeks they have been reluctant to speak out publicly on Binsar’s behalf. We are asking them to put their names on the line and to stand with our church, regardless of whether they personally think it will affect meaningful change. I have pasted a script below. You can pass this on to other people, as the phone number lets people enter their zip codes and connect to their own state’s congresspeople.

Thursday, we are planning a faith march from Christ UMC in Southwest DC to the ICE National Headquarters. It is a 1 mile walk. We are inviting ecumenical and multifaith people to join us as we deliver four petitions with a combined total of more than 15,000 signatures. We’ll meet at 8:30am at Christ UMC and will leave for the walk at 9am, and will conclude by 10am.

Friday, Binsar’s habeas hearing is at 2:30pm. I implore you to fast and pray with me from sundown on Thursday through the hearing time on Friday. I have invited the Bishop and other conference leaders to do the same. We cannot be there physically because of the court’s restrictions, but we can be in absolute, focused solidarity.

Thank you again, and let’s keep going.

peace,

rev. kara

CONGRESSIONAL PHONE CALL SCRIPT

Universal Phone Number for Any State: 1-844-332-6361 (you can enter your zip code without listening to the whole message)

My name is __, from ___. I’m calling to ask Senator/Representative _________ to personally and publicly intervene to support a Maryland resident. Binsar Siahaan, an asylum-seeker from Indonesia, has lived in Maryland for over 30 years with his family, including two citizen children. ICE lied to Binsar and arrested him on church grounds. This is an unprecedented attack on faith communities and immigrants of faith.

I’m asking that the Senator call ICE Director Pham and express outrage at ICE’s treatment of Binsar, and ask for his immediate release and approval of his stay of removal.  I also call on the Senator/Representative to initiate an investigation into ICE’s actions in this case, and hold ICE accountable to its sensitive locations policy.

 

Rev. Kara Scroggins

she/her/hers

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

Trump adheres to no religion except that of greed and “unenlightened self-interest.” Meanwhile, communities of faith actually engaged in carrying out Christ’s message of compassion, redemption, and outreach to the most vulnerable are being attacked by Trump’s ICE to carry out a corrupt, immoral political agenda of hate, racism, and dehumanization of  ”the other.”

This is just the beginning! According to recent reports, Trump’s campaign appendage ICE plans to launch attacks on communities of color and “Democratic” cities in a perverted (and totally illegal and unethical) attempt to bolster Trump’s floundering re-election campaign!

  

Vote ‘Em Out, Vote ‘Em Out!

Vote for Biden,Harris and Democrats for the return of human decency, morality, reasonableness, and ethics to Government!

PWS

09-30-20

PWS

09-30-20

😎⚖️👍🇺🇸 GOOD GUYS WIN AGAIN! – Federal Judge Slams Regime’s Absurdist Anti-TPS Interpretation, Reverses Matter of H-G-G-!

 

 

Brittany Bakken, Kelsey Friberg, and I are thrilled to share with you that  Matter of HGG has been reversed.  Of course, the government will appeal.   Nevertheless, a great way to end a Monday.

 

Best regards,

 

 

 

David L. Wilson, Esq.

Managing Attorney

Wilson Law Group

 

Fullo demission here:

HGG – reversed!

_____________________________________________________________________________

Hats off to these fierce “Warriors of The New Due Process Army” 🏆⭐️🥇

David Wilson
David Wilson, Esquire
Managing Attorney
Wilson Law Group, Source: wilsonlg.com

 

Brittany Bakken
Brittany Bakken, Esquire
Senior Attorney
Wilson Law Group
Source: wilsonlg.com
Kelsey Friberg
Kelsey Friberg, Esquire
Associate Attorney
Wilson Law Group
Source: wilsonlg.com

 

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

The case is Hernandez v. Barr, USDC D MN

Not only was the USCIS position a violation of the plain meaning of the statute, as found by Chief Judge Tunheim, it is totally stupid from a policy standpoint! With hundreds of thousands of law-abiding TPS recipients in the U.S., integrated into our society, and contributing to our economy, a rational, non-racist, non-xenophobic Administration would welcome and utilize ways of integrating them into our legal immigration system. Instead, the Trump kakistocracy, wastes time, squanders resources, and violates the law looking for bogus ways to “get to no.” How dumb and counterproductive can it get!

 

Due Process Forever! Kakistocracy never!

 

PWS

 

09-30-20

 

KAKISTOCRACY KORNER🤮👎: “WOLFMAN THE ILLEGAL” CALLED OUT AGAIN – U.S. Judge Stuffs USCIS’s Outrageously Unjustified Fee Increases – Wolfie’s “Illegality” Key To Victory For Good Guys! — ImmigrationProf Blog Reports!

Trump Regime Emoji
Trump Regime, Thieves Thrive on the Public Dole!

 

Tuesday, September 29, 2020

Immigration fee hikes blocked by federal court

By Immigration Prof

 Share

Days before they were to go into effect, a federal court in the Northern District of California issued a national injunction blocking a dramatic fee hike for appliations for naturalized citizenship, permanent residency, asylum, and access to other immigration benefits. The new fees would have made immigration benefits unattainable for many. It would have nearly doubled citizenship from $640 to $1,170; increased lawful permanent residency and related application fees from $1,125 to $2,270; and added a $50 fee for asylum applications (the first time a fee has been assessed for asylum applications). The rule would have also eliminated most fee waivers for immigrants who cannot afford to pay the fees.

 

Judge Jeffrey White ruled that the nonprofit organizations that had challenged the fee increases would be likely to prevail in showing that Wolf’s appointment as Acting Director of the U.S. Department of Homeland Security, without Senate confirmation, violated the rules of succession. As a result, the fees ordered under his stewardship cannot take effect while the litigation progresses. Similar reasoning had been used in a separate lawsuit regarding Ken Cucinelli and his asylum directives.

 

MHC

 

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

MHC = Professor Ming Hsu Chen one of the all-star ⭐️ team of bloggers at ImmigrationProf Blog. Thanks, Professor, for this timely item! These illegal and clearly punitive fee increases were scheduled to into effect at the beginning of October!

Ming Hsu Chen
Ming Hsu Chen
Associate Professor of Law
Colorado Law
Courtesy Appointment in Political Science
Ethnic Studies Faculty Affiliate
Faculty-Director, Immigration and Citizenship Law Program
Photo: ImmmigrationProf/
Col. Law

This is also a great illustration of why, totally contrary to the nonsense GOP party line and folks like GOP-owned Justices Thomas and Gorsuch, the nationwide injunction is an essential tool for achieving justice. According to the GOP’s false dogma, plaintiffs, many pro se, or appearing with pro bono or “low bono” representation, should be required to win their cases before over 650 U.S. District Judges and in 12 Circuits to get effective relief from the Trump regime’s unrelenting war on our Constitution and the rule of law.

 

 

While Trump and his GOP toadies and sycophants spout BS platitudes about “law and order” the truth is simple: This is a party of arrogant, immoral “scofflaws” from top to bottom!

This Fall, vote like your life and our future as a nation depend on it! Because they do! Vote the GOP kakistocracy out at every level! Don’t let their dark & dishonest plans become YOUR future!☠️⚰️

PWS

09-30-20

THE GIBSON REPORT – 09-29-20 – Compiled by Elizabeth Gibson, Esquire, NY Legal Assistance Group – Another Tone-Deaf, Far Right Justice; Higher Fees For Worse Service; Detained Until Dead (“DUD Policy”)☠️⚰️; Dumping On International Students; & Other Nation-Destroying 🏴‍☠️News From The Trump Regime Twilight Zone! 

Elizabeth Gibson
Elizabeth Gibson
Attorney, NY Legal Assistance Group
Publisher of “The Gibson Report”

Reminder: Fee changes go into effect on October 2, 2020.

All applications with old fees/fee waivers must be POSTMARKED on or before October 1. 

CLINIC Fee/Waiver Chart: Selected USCIS Form Fees Beginning Oct. 2, 2020

 

 

COVID-19

Note: Policies are rapidly changing, so please verify information on the relevant government websites and with colleagues on listservs as best you can.

 

New

  • Opening dates for non-detained courts: Hearings in non-detained cases at courts without an announced date are postponed through, and including, October 16, 2020. [Note: Despite the standing order about practices upon reopening, an opening date has not been announced for NYC non-detained at this time.]
  • EOIR Status Overview & EOIR Court Status Map/List: EOIR has reorganized its operational status website. The list of individual court statuses and standing orders can now be accessed by scrolling down on the new map page:https://www.justice.gov/eoir-operational-status/operational-status-map. This is especially important for NYC given that the 26 Fed Court website still has an incorrect link for one of three standing orders, but the links are correct on the map page.

 

Closures

 

Guidance:

 

TOP NEWS

 

Amy Coney Barrett has a years-long record of ruling against immigrants

Vox: As an appellate court judge, Barrett helped to advance one of Trump’s key immigration policies. She sided with his administration in a case over Trump’s policy imposing a wealth test on the millions of immigrants who seek to come to the US annually. In her whopping 40-page dissent in that case, she laid out why the US has the right to block people who it deems likely to become dependent on public assistance in the future — even if they have never used public assistance in the past.

 

Advocate Groups Challenge Legitimacy of Immigration Fee Hikes

Courthouse News: Immigration advocacy groups have challenged the rule in California, Massachusetts, and in the District of Columbia, where they asked a federal judge for an injunction in a hearing Thursday. On Friday, it was U.S. District Judge Jeffrey White’s turn to hear arguments on whether the rule should be invalidated. In addition to weighing the competing financial interests at stake, White said the fee hike “raises series issues on constitutional checks and balances and the limit to executive power.”

 

Trump administration reimposes “public charge” immigration wealth test following court orders

CBS:  In updated guidance on its website on Tuesday, U.S. Citizenship and Immigration Services (USCIS) said it would apply the 2019 public charge test to all future and pending green card applications filed after February 24, 2020, when the agency implemented the rule following the Supreme Court’s green light. Applications filed after Daniels’ injunction in July that have been approved will not be re-adjudicated, USCIS said.

 

Major Changes to Student Visa Rules Proposed

Inside Higher Ed: Trump administration proposes revamping visas so students would have to apply for an extension after fixed terms of no more than four years. Some students would have to reapply after two years, depending on their country of origin.

 

ICE whistleblower: Mexico investigating US immigrant ‘sterilisations’

BBC: On Monday Mexico’s President Andrés Manuel López Obrador said his government could take legal action against the US if the allegations were confirmed, Mexican newspaper El Universal reports.

 

Immigrants in US custody died after ‘inadequate’ medical care, congressional investigation finds

CNN: Immigrants in US custody faced widespread failures in medical care, including some issues that resulted in death, according to a new congressional investigation released Thursday.

 

Even When They Lost Their Jobs, Immigrants Sent Money Home

NYT: Predictions were that immigrants would stop sending money home when the coronavirus took their jobs. But that did not take into account how determined foreign workers were to help their families.

 

ICE Deports 54 Immigrants From New Jersey

WNYC: Immigration and Customs Enforcement removed 54 immigrants — an extraordinarily high number — from the Essex County Correctional Facility Tuesday for deportation. The jail is the largest facility in the region that contracts with ICE to hold immigrants awaiting hearings or deportations. The population fluctuates from day to day, but it’s unusual to see 54 immigrants removed at once.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Attorney General Rules That the BIA Must Examine Asylum Claims De Novo

The AG ruled that, in reviewing asylum claims, the BIA must examine de novo whether facts found by the IJ meet all statutory requirements, and should review each element of the claim before affirming or independently ordering a grant of asylum. Matter of A-C-A-A-, 28 I&N Dec. 84 (A.G. 2020) AILA Doc. No. 20092530

 

BIA Rules on Expert Witness Testimony

The BIA ruled that in assessing whether to admit expert witness testimony, an IJ should consider whether it is sufficiently relevant and reliable, and if it is admitted, how much weight it should receive, and how probative and persuasive it is. Matter of J-G-T-, 28 I&N Dec. 97 (BIA 2020) AILA Doc. No. 20092532

 

USCIS Temporary Final Rule on Interpreters at Asylum Interviews

USCIS temporary final rule providing that, from 9/23/20 through 3/22/21, asylum applicants who cannot proceed with the interview in English must ordinarily use DHS-provided telephonic interpreters, due to COVID-19. (85 FR 59655, 9/23/20) AILA Doc. No. 20092202

 

USCIS Provides Update on Public Charge Rule Following Second Circuit Decision

USCIS announced that following the Second Circuit decision, it will apply the public charge rule and related guidance to all petitions submitted on or after 2/24/20. USCIS will not readjudicate any petitions that were approved following issuance of the 7/29/20 injunction continuing until 9/22/20. AILA Doc. No. 20092204

 

ICE Proposed Rule Establishing a Fixed Time Period of Admission for F, J, and I Nonimmigrants

ICE proposed rule to change the admission period of F, J, and I nonimmigrants from “duration of status” to an admission for a fixed time period. Comments are due 10/26/20. (85 FR 60526, 9/25/20) AILA Doc. No. 20092401

 

Visa Bulletin for October 2020

DOS posted the October 2020 visa bulletin. In addition to final action dates and dates for filing for family and employment-based petitions, it contains notes on the DV category, movement of the October final action and application filing dates, visa availability in the coming months, and more. AILA Doc. No. 20092400

 

CBP Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico

CBP issued a notification of the continuation of temporary travel restrictions limiting travel of individuals from Mexico into the United States at land ports of entry along the United States-Mexico border through 10/21/20 due to COVID-19. (85 FR 59669, 9/23/20) AILA Doc. No. 20092331

 

CBP Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada

CBP issued a notification of the continuation of temporary travel restrictions limiting travel of individuals from Canada into the United States at land ports of entry along the United States-Canada border through 10/21/20 due to COVID-19. (85 FR 59670, 9/23/20) AILA Doc. No. 20092330

 

Resources for National Interest Exceptions Under Presidential Proclamations Suspending Entry of Certain Immigrants and Nonimmigrants, as Well as Individuals from Certain Countries

This page contains resources for members concerning national interest exceptions under President Trump’s June 22, 2020, proclamation (10052) and April 22, 2020, proclamation (10014), and the country-specific COVID-19 travel bans. AILA Doc. No. 20092205

 

DHS OIG Releases Report on Cybersecurity Incident at CBP Involving Traveler Images

DHS OIG released a report on a 2019 incident that compromised about 184,000 traveler images from CBP’s facial recognition pilot, known as the Vehicle Face System, at ports of entry. Per OIG, CBP “did not adequately safeguard sensitive data on an unencrypted device” using during the pilot program. AILA Doc. No. 20092333

 

DHS Ratification of Actions by Acting Secretary Chad Wolf

DHS ratification of actions taken by Acting Secretary Chad Wolf between 11/13/19 and 9/10/20, to “resolv[e] any potential defect in the validity of those actions” due to challenges to the legality of his service. (85 FR 59651, 9/23/20) AILA Doc. No. 20092137

 

DOJ OIG Releases Report on EOIR’s Recognition and Accreditation Program

DOJ OIG released a report on EOIR’s Recognition and Accreditation Program, finding that OLAP should improve program oversight and administration due to weakness in its controls for approving or rejecting applications, monitoring activities of accredited representatives, and investigating misconduct. AILA Doc. No. 20092233

 

House Committee on Homeland Security Releases Report Saying ICE Detention Facilities Fail to Meet Basic Standards of Care

The House Committee on Homeland Security released a report finding that DHS fails to effectively identify and correct deficient conditions at ICE detention facilities, and that facilities frequently fail to meet basic standards of care, including mental and physical care of the migrants in custody. AILA Doc. No. 20092201

 

ACTIONS

 

 

RESOURCES

 

 

EVENTS

   

 

ImmProf

 

Monday, September 28, 2020

Sunday, September 27, 2020

Saturday, September 26, 2020

Friday, September 25, 2020

Thursday, September 24, 2020

Wednesday, September 23, 2020

Tuesday, September 22, 2020

Monday, September 21, 2020

 

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

PWS

09-29-20

BILLY APPOINTS MALPHRUS AS ADDITIONAL DEPUTY CHIEF APPELLATE IMMIGRATION JUDGE (“VICE CHAIR”) @ BIA! — Hard Line, Restrictionist, Anti-Asylum, Anti-Due-Process Jurisprudence Rewarded!🏴‍☠️☠️⚰️

Billy Barr Consigliere
Bill Barr Consigliere
Artist: Pat Bagley
Salt Lake Tribune
Reproduced under license
EYORE
“Eyore In Distress”
Once A Symbol of Fairness, Due Process, & Best Practices, Now Gone “Belly Up”

From the EOIR website: 

Garry Malphrus

Deputy Chief Appellate Immigration Judge

Attorney General William P. Barr appointed Garry Malphrus as a deputy chief appellate immigration judge in September 2020. Judge Malphrus earned a Bachelor of Arts in 1989 from the University of South Carolina and a Juris Doctor in 1993 from the University of South Carolina. From August 2008 to September 2020, he served on the Board of Immigration Appeals, Executive Office for Immigration Review, including as acting board chairman from October 2019 to May 2020. From 2005 to 2008, he served as an immigration judge at the Arlington Immigration Court. From 2001 to 2005, he served as associate director of the White House Domestic Policy Council. From 1997 to 2001, he worked for the U.S. Senate Committee on the Judiciary, which included serving as chief counsel and staff director on the Subcommittee on Criminal Justice Oversight and the Subcommittee on the Constitution. From 1995 to 1997, Garry served as a law clerk for the Honorable Dennis W. Shedd, U.S. District Judge for the District of South Carolina. From 1994 to 1995, he was a law clerk for the Honorable William W. Wilkins of the U.S. Court of Appeals for the Fourth Circuit. From 1993 to 1994, he was a law clerk for the Honorable Larry R. Patterson, Circuit Judge for South Carolina. Judge Malphrus is a member of the South Carolina Bar.

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

No surprise here, folks, as Courtside had predicted this back in May: 

https://immigrationcourtside.com/2020/05/22/%f0%9f%91%82%f0%9f%8f%bb%f0%9f%91%80%f0%9f%a4%abeoir-rumor-mill-doj-honcho-x-oiler-david-h-wetmore-reportedly-will-be-tapped-as-new-bia-chair/

This appears to be the “penultimate step” in the ongoing process of “benching” the long-time “holdover” Vice Chair Chuck Adkins-Blanch. First, he was “passed over” when Judge Malphrus became the BIA’s Acting Chair following the hasty departure of former Chair David Neal. Now, Malphrus basically has been “layered in” to be the “real Deputy,” who will faithfully continue to carry out Billy’s nativist political agenda, presumably until Adkins-Blanch reaches retirement and finally pulls the plug.

Needless to say, Judge Adkins-Blanch’s name has been conspicuously absent from the BIA’s most recent barrage of anti-immigrant, anti-asylum “precedents.” That is, of course, the “precedents” that Billy lets the BIA write as opposed to the ones that he and his fellow political hacks at “Main DOJ” issue as “AG precedents.”

More and more, the AG, whom nobody except, perhaps, a few intentionally tone-deaf Circuit Court of Appeals Judges, would mistake for an “expert” in immigration law, has taken over the BIA’s precedent setting function. That leaves the BIA basically to do the “mop-up work” of maximizing the impact of Billy’s anti-immigrant policies and insuring that just and fair results below favoring immigrants are reversed upon demand of  “EOIR’s masters” at DHS Enforcement.

Talk about the need for an Article I Court with a new cast of characters selected on a merit basis for their demonstrated immigration expertise, and established commitment to due process, fundamental fairness, equal justice, human rights, and practical applied scholarship!  That so many Article III judges continue to “go along to get along” with this vile legal charade says some pretty sad things about the overall state of justice and the judiciary in  America!

An Article I Court requires judicial leadership that replaces “built to fail ‘Vatican Style’ (or “Legacy INS Style”) hierarchical bureaucracy” with professional court administration and a much “leaner and flatter” judicial structure. A judicial structure where most resources are devoted to actually fairly and efficiently deciding cases, establishing “best practices,” and leading by example. That would eliminate  the “Mickey Mouse” demeaning “control freak supervision (“suppression”)” of supposedly senior level “judges” who, if properly selected, would need effective support, but little to no “supervision” in the normal bureaucratic sense of the term. 

In the meantime, expect the backlog to grow unabated and the Article IIIs to continue to reverse and return an essentially random selection of the BIA’s reliably “one-sided” jurisprudence for “redos!” That will further increase the backlog without effectively addressing the fundamental problem of an unconstitutional system with a clearly established anti-immigrant political bias!

Just more signs of an American  justice system now in the throes of institutional failure!

Due Process Forever!

PWS

09-29-20

BILLY’S BIA 🏴‍☠️DUMPS ON EXPERT WITNESSES — As Regime’s False Narratives & Bogus Suppression Of Truth About What Happens To Refugees Returned To Unsafe Countries Becomes Obvious, “Upper Star Chamber” Launches Yet Another Assault On Due Process! — Matter of J-G-T-, 28 I&N Dec. 97 (BIA 2020)☠️⚰️

Matter of J-G-T-, 28 I&N Dec. 97 (BIA 2020)

From the EOIR PIO:

The Board of Immigration Appeals has issued a decision in the Matter of J-G-T-, 28 I&N Dec. 97 (BIA 2020)

(1) In assessing whether to admit the testimony of a witness as an expert, an Immigration Judge should consider whether it is sufficiently relevant and reliable for the expert to offer an informed opinion, and if it is admitted, the Immigration Judge should then consider how much weight the testimony should receive.

(2) In considering how much weight to give an expert’s testimony, the Immigration Judge should assess how probative and persuasive the testimony is regarding key issues in dispute for which the testimony is being offered.

PANEL:  MALPHRUS, MULLANE, and CREPPY , Appellate Immigration Judges.

OPINION BY: MALPHRUS, Appellate Immigration Judge

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

In this case, the BIA sent an asylum grant well-supported by expert opinion back to the IJ for no particular reason other than the DHS didn’t like the result. 

The message: The IJ should always look for reasons to disallow, disbelieve, or diminish the weight of the asylum applicant’s persuasive evidence. The IJ should always be looking for “any reason to deny” asylum applications because that’s what Billy wants from his wholly-owned. “judges.”

To quote my friend and Round Table colleague retired IJ Jeffrey S. Chase:  

[The BIA], McHenry, and Barr are engaging in tag-team destruction of asylum.  So this gives the signal to ignore country experts when their opinions support grants of asylum.  Which was stated more explicitly in the proposed 161-page asylum regs.  And then if the IJ relies on the DOS report, the Board or AG will say the quoted passage was too vague and generalized to support a finding of social distinction or nexus.

The good news is that a number of brigades of the NDPA are hard at work on comprehensive alternative expert country reports that are much more accurate and well-documented than current DOS propaganda. A number of Courts of Appeals already have “called out” the BIA for routinely ignoring evidence and expert opinions favorable to asylum applicants. 

I certainly hope they will see through and expose this rather transparent attempt to further “game the system” against asylum applicants. Actually, under the U.N. Handbook asylum seekers are supposed to receive the “benefit of the doubt.” But, not from this scofflaw regime and their toadies masquerading as “judges.”

It’s also worth noting that this case has already been pending for almost a decade. Obviously, time is no object for EOIR when it comes to looking for ways to deny asylum.

PWS

09-28-20

“TRUMP NATION” 🏴‍☠️ ALREADY LIVES IN A PARALLEL UNIVERSE: Time For Majority Of Us To Take Our Country Back & Move On To Better Future —  Robert Reich In The Guardian

 

Robert Reich
Robert Reich
Former US Secretary of Labor
Professor of Public Policy
CAL Berkeley
Creative Commons License

https://www.theguardian.com/commentisfree/2020/sep/27/donald-trump-american-civil-war-joe-biden-republicans-democrats-robert-reich?CMP=Share_iOSApp_Other

. . . .

To Trump and his core enablers and supporters, the laws of Trump Nation authorize him to do whatever he wants. Anti-Trump Nation’s laws constrain him, but they’re illegitimate because they are made and enforced by the people who reject him.

If he loses the election, Trump will not accept the result because it would be the product of Anti-Trump Nation

So Trump’s call to the president of Ukraine seeking help with the election was “perfect”. It was fine for Russia to side with him in 2016, and it’s fine for it to do so again. And of course the justice department, postal service and Centers for Disease Control and Prevention should help him win re-election. They’re all aiding Trump Nation.

By a similar twisted logic, Anti-Trump Nation is dangerous. Hence, says Trump, the armed teenager who killed two in Kenosha, Wisconsin, acted in “self-defense”, yet the suspected killer of a rightwinger in Portland deserved the “retribution” he got when federal marshals killed him.

It follows that if he loses the election, Trump will not accept the result because it would be the product of Anti-Trump Nation, and Trump isn’t the president of people who would vote against him. As he recently claimed, “The only way we’re going to lose this election is if the election is rigged.”

In the warped minds of Trump and his acolytes, this could lead to civil war. Just this week he refused to commit to a peaceful transition of power. His consigliere Roger Stone urges him to declare “martial law” if he loses. Michael Caputo, assistant secretary of public affairs at the Department of Health and Human Services, warns “the shooting will begin” when Trump refuses to go.

Civil war is unlikely, but the weeks and perhaps months after election day will surely be fraught. Even if Trump is ultimately forced to relinquish power, his core adherents will continue to view him as their leader. If he retains power, many if not most Americans will consider his presidency illegitimate.

So whatever happens, Trump’s megalomaniacal ego will prevail. America will have come apart over him, and Trump Nation will have seceded from Anti-Trump Nation.

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

Read the full article at the link.

Perhaps ironically, the pro-democracy, pro-health care, pro-environment, pro-jobs, pro-science, more fiscally responsible Government promoted by Biden & Harris will help “Trump Nation” much more than anything in Trump’s tiny and overwhelmingly negative book of “achievements.” Even the pre-pandemic economy that Trump and his cult like to tout was as at least as much Obama as Trump. 

Vote like your life and our future depend on it. Because they do!

PWS

09-28-20

KAKISTOCRACY🏴‍☠️🤮 REPORT: Many Americans Pay Taxes — “Billionaire” Trump, Not So Much, Or Not At All! — But, He’s Also Tried To Conceal It & Mislead The Public — Just Another Day At The Office For “Don The Con-Man!”

Trump Regime Emoji
Trump Regime

https://www.nytimes.com/interactive/2020/09/27/us/donald-trump-taxes.html

The Times obtained Donald Trump’s tax information extending over more than two decades, revealing struggling properties, vast write-offs, an audit battle and hundreds of millions in debt coming due.

pastedGraphic.png

pastedGraphic_1.png

pastedGraphic_2.png

By Russ Buettner, Susanne Craig and Mike McIntire

Sept. 27, 2020

  • 1701

Donald J. Trump paid $750 in federal income taxes the year he won the presidency. In his first year in the White House, he paid another $750.

He had paid no income taxes at all in 10 of the previous 15 years — largely because he reported losing much more money than he made.

As the president wages a re-election campaign that polls say he is in danger of losing, his finances are under stress, beset by losses and hundreds of millions of dollars in debt coming due that he has personally guaranteed. Also hanging over him is a decade-long audit battle with the Internal Revenue Service over the legitimacy of a $72.9 million tax refund that he claimed, and received, after declaring huge losses. An adverse ruling could cost him more than $100 million.

pastedGraphic_3.png

The tax returns that Mr. Trump has long fought to keep private tell a story fundamentally different from the one he has sold to the American public. His reports to the I.R.S. portray a businessman who takes in hundreds of millions of dollars a year yet racks up chronic losses that he aggressively employs to avoid paying taxes. Now, with his financial challenges mounting, the records show that he depends more and more on making money from businesses that put him in potential and often direct conflict of interest with his job as president.

The New York Times has obtained tax-return data extending over more than two decades for Mr. Trump and the hundreds of companies that make up his business organization, including detailed information from his first two years in office. It does not include his personal returns for 2018 or 2019. This article offers an overview of The Times’s findings; additional articles will be published in the coming weeks.

The returns are some of the most sought-after, and speculated-about, records in recent memory. In Mr. Trump’s nearly four years in office — and across his endlessly hyped decades in the public eye — journalists, prosecutors, opposition politicians and conspiracists have, with limited success, sought to excavate the enigmas of his finances. By their very nature, the filings will leave many questions unanswered, many questioners unfulfilled. They comprise information that Mr. Trump has disclosed to the I.R.S., not the findings of an independent financial examination. They report that Mr. Trump owns hundreds of millions of dollars in valuable assets, but they do not reveal his true wealth. Nor do they reveal any previously unreported connections to Russia.

. . . .

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

Read the full report at the link.

Duh! According to NBC’s Stephanie Ruhle, an American who actually worked for a living and made $18,000 would pay $760 in taxes. 

Not much of a surprise to those familiar with Trump’s endemic lies, corruption, and dishonesty. You can be sure that whatever lies and misdirection Trump spews forth about this report, it will have little or nothing to do with truth.

PWS

09-28-20