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.
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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.
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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.
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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
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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
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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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On February 20, a Mexican man detained in Ohio died in ICE custody. His preliminary cause of death has been called suicide by self-inflicted strangulation, though this is being investigated. This is the 7th death in ICE custody for the current fiscal year.
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Nigeria is part of the list of 6 countries who were recently added to the “travel ban” list. This means that as of February 21, Nigerian citizens were banned from visas that can lead to permanent residency in the U.S. On Thursday, the Nigerian government asked the United States once more to remove it from the visa restriction list. The United States has not lifted the ban.
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On February 21, Justice Sonia Sotomayor issued a dissenting opinion to a Supreme Court ruling allowing the Trump administration’s new public charge rule to take effect in Illinois, despite an existing injunction in that state. In her opinion, she wrote that the Supreme Court was “all too quick to grant the Government’s ‘reflexiv[e]’ requests” and that the “disparity in treatment erodes the fair and balanced decisionmaking process.”
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The Supreme Court will hear oral argument on whether a law that makes it a crime to encourage someone to come to or reside in the U.S. illegally is unconstitutional. The government appealed from a 9th Circuit decision which struck down the law, saying it was too broad and would chill free speech in violation of the First Amendment.
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Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 