Archive for 2019

Fighting the wrong battles won’t solve the problem of or for all these refugees.

Sunday, December 15th, 2019

Popular support for President Trump is based on his immigration stances. A Frontline documentary lays it out. Others attribute the attraction of Trumpism to social concerns – an opposition to LGBT rights, sex education, and promiscuity and its horrid result, babies.  There may be some truth to this, though Trump is an odd person to choose as the leader of the chastity and anti-abortion movement – a thrice marrried, pussy grabbing, porn star-shtupper who likely has left his weight of…

Attorney General Barr on sentence modifications, a Friday night massacre

Sunday, October 27th, 2019

Friday afternoon. Try to wrap up what’s almost done on your desk. Deal with those nettlesome late-in-the-day emails and phone calls. Get the mail out so it will be moving across the country over the weekend. Oh, and absorb a bomb shell from the Attorney General. To begin, a little “administrative law” primer. Under the immigration laws, removal proceedings are handled by immigration judges, employees of the Department of Justice. (Yes, Virginia, the executive branch has adjudicative bodies (courts); in…

Motions to Reopen vs. Finality. Finality wins.

Sunday, July 28th, 2019

In reflecting over immigration news over the years, I notice how different the news is. In the past concern has been over new court and Board of Immigration Appeals decisions about ambiguities in the actual laws. The news still has court decisions, but not about tackling nuances in the immigration laws, but rather decisions on executive branch unilateral moves like actions concerning eligibility for release from custody, denying asylum to people who traveled through other countries on the way to…

Barr v. Pechman, Round 4

Tuesday, July 23rd, 2019

Boy, this case is really tumultouous. Yesterday, the Ninth Circuit lifted the stay it imposed on July 12, 2019, discussed at Barr v. Pechman, Round 3. Most promising to those who hope these non-citizens are afforded bond hearings is the bold portion, below, about the likelihood of success on the merits. Here’s the newest order: ENTRY UPDATED. ORIGINAL TEXT: Filed order (MARY M. SCHROEDER, WILLIAM C. CANBY and MORGAN B. CHRISTEN) The temporary stay imposed on July 12, 2019 is…