Barr v. Pechman, Round 3

Monday, July 15th, 2019

Well, that did not take long. The 9th Circuit Court of Appeals issued this order today: Before: SCHROEDER, CANBY, and CHRISTEN, Circuit Judges. The district court’s April 5, 2019 and July 2, 2019 orders are stayed temporarily, pending further order of the court, to allow briefing to be completed on appellants’ motion for a stay pending appeal. The opposition to the motion for a stay is due Monday, July 15, 2019 at 9:00 a.m. PDT. The reply is due Thursday,…

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Barr v. Pechman, Round 2

Sunday, July 14th, 2019

On April 21, 2019, I wrote in this blog of an emerging legal clash between the Attorney General, William Barr, and his decision in Matter of M-S-, and a judge for the U.S. District Court for the Western District of Washington, Marsha J. Pechman in an order in the case, Padilla v. Immigration and Customs Enforcement (ICE). The clash evolves over a class of people, defined by regulation, as aliens who came into the United States within the past 14…

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Problems at borders are nothing new. As an immigration lawyer, this is essentially my job – dealing with peoples’ problems at the border, including the literal border, or airports and the problems of people trying to get permission from U.S. consulates to enter the United States or people in the United States who want to remain here. In the news are two border struggles. One is about the provision of humanitarian aid to Venezuela by the United States. The “American”…

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In a week where many of us are debating buying Crazy Glue to put our “Mueller Time” mugs back together after smashing them three weeks ago, there has been a curious development in immigration law – the detention of asylum seekers. Yes, Virginia, America routinely detains asylum seekers in jail facilities when coming to the border to seek asylum. (Imagine how much longer the Sound of Music would have been if the von Trapps were detained and spread out around…

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