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Ninth Circuit Defends Asylum in Two Rulings

In Innovation Law Lab v. Wolf, the Ninth Circuit reinstated the previously stayed injunction halting the Remain in Mexico policy. Additionally, in East Bay Sanctuary Covenant v. Trump, the Ninth Circuit affirmed a preliminary injunction enjoining enforcement of a rule and presidential proclamation that strip asylum eligibility from migrants who cross into the United States along the southern border with Mexico between designated ports of entry.

Ninth Circuit Suspends Order That Reinstated Preliminary Injunction Blocking MPP

On Friday, a few hours after the Ninth Circuit affirmed a preliminary injunction enjoining implementation of the Migrant Protection Protocols, the three-judge panel voted unanimously to suspend its own order and granted an emergency request for an immediate stay of its earlier decision pending disposition of a petition for certiorari before the Supreme Court.

The Supreme Court heard oral argument on whether rejected asylum seekers may seek judicial review

On Monday, the Supreme Court heard arguments on whether asylum seekers may seek judicial review after their claims are denied in summary proceedings. During oral argument, the court seemed split on whether some amount of judicial review was appropriate. This is all in light of expedited removal proceedings, where many asylum seekers are initially denied without having ever seen an immigration judge.

Third Circuit Says Defective NTA Cannot Be Cured by Subsequent Notice of Hearing Containing Omitted Information

The court held that the U.S. Supreme Court’s decision in Pereira v. Sessions abrogated the Third Circuit’s decision in Orozco-Velasquez v. Attorney General, and thus found that, for purposes of the stop-time rule, a deficient Notice to Appear (NTA) that omits the time and date of appearance may not be cured with a later Notice of Hearing that provides the missing information.

Judge Orders CBP to Overhaul the Way the Agency Detains People in the Tucson Sector

U.S. District Judge David C. Bury found that the conditions in CBP holding cells in the Tucson Sector violate the U.S. Constitution and ordered that CBP can no longer hold individuals for over 48 hours without providing a bed, blanket, shower, meals that meet acceptable dietary standards, and a medical assessment

The ACLU is filing a FOIA request to stop ICE records from being deleted.

n December, an ICE request to delete records was granted. The request to delete records, which was filed in 2015 under the Obama administration, would include documents relating to detainee deaths, sexual assaults, and abuse allegations while in ICE custody. On Tuesday, the ACLU filed a FOIA request to get access to the documents before they are deleted. The ACLU has argued that these documents should be protected in order to keep ICE accountable in the future

The U.S. government used the therapy notes of a detained asylum seeker against him in court.

19-year old Kevin Euceda came to the U.S. and applied for asylum 3 years ago. While he was detained for nearly 3 years, he was ordered to attend mandatory therapy sessions. During the confidential therapy sessions, he told the therapist about his history of physical abuse, neglect, and former gang affiliation in Honduras. In court, ICE used these confidential therapy notes against him; Kevin’s case is currently under appeal. Other asylum seekers’ therapy notes have been used against them as well. The information sharing is technically legal, but psychologists say the policy breaks important doctor-patient confidentiality.

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