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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.

Immigration Judges Quit in Response to Administration Policies

CNN reports that over the past year, nearly double the number of immigration judges left their positions in comparison with fiscal years 2018 and 2017. While the reasons for individual judges moving on from their posts vary, interviews with judges who left in recent months reveal a common theme of frustration over a mounting number of policy changes that, they argue, have chipped away at their authority.

A state judge has temporarily blocked the construction of a private border wall.

We Build the Wall is a private group supporting the president and his building of the barrier along the U.S.-Mexico border. The group raised money to build a small section of private border wall. The National Butterfly Center, located near the planned wall, sued to stop its construction. On Tuesday, a Texas judge issued a preliminary injunction, blocking construction. In the order, Judge Keno Vasquez said that building the barrier could cause “imminent and irreparable harm” to the 100-acre wild butterfly habitat. The founder of We Build the Wall said he had not heard anything about the order, and that it was “more fake news.”

Immigration judges have said court records are often incorrect or missing.

Last week, Syracuse University published findings that millions of records are missing from public reports, and that the objective data does not match DOJ reports. These inconsistencies include incorrectly formatted documents leading to unreadable data and millions of records disappearing between the EOIR’s own record releases. The immigration judges union supported the university’s claims, saying that the records do conflict with their experiences.

Confusion, Delays as Videos Replace Interpreters at Immigrants’ Hearings

EOIR has begun replacing interpreters at master calendar hearings with prerecorded video advisals. The videos have been rolled out in San Francisco, Los Angeles, Miami, and New York. The San Francisco Chronicle obtained transcripts of the separate videos that are played for immigrants who are in detention and not in detention, as well as a frequently asked questions handout they receive.

Another win for the Law Offices of Brian D. Lerner

Lawful Permanent Resident granted stand-alone 212(h) waiver after 10 years in Immigration Court.  Client was placed in removal proceedings after returning to the U.S. from a trip abroad because of several California theft convictions.  Client also had previous theft/fraud convictions and an order of deportation.

Court Remands for BIA to Explain Why It Did Not Apply Sanchez-Sosa Factors to Remand Request

The Eighth Circuit remanded for the BIA to explain why it denied the petitioner’s motion to reopen and reconsider after the petitioner had provided proof of his filing of a U visa application, when Matter of Sanchez-Sosa suggests that a completed application weighs in favor of pausing the removal process to await adjudication of the U visa.

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