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  1. #1
    Senior Member JohnDoe2's Avatar
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    New Supreme Court decision could upend thousands of deportation cases in setback for

    New Supreme Court decision could upend thousands of deportation cases in setback for immigration hard-liners




    By ROBIN ABCARIAN
    JUL 13, 2018 | 3:00 AM


    On the 17th floor of Los Angeles Immigration Court the other day, Judge Lori Bass was setting hearings for juveniles who have been charged by the Department of Homeland Security with violating immigration law.


    Teenagers and their attorneys sat quietly on rows of hard wooden benches in the windowless room, fidgeting, sighing, waiting. Their attorneys sat with stacks of files in their laps, peering at their phones.


    This was nothing like the terrible images of the last month. This was not about bereft parents and tearful children who have been ripped apart at the border. It was a quiet, orderly process. But something dramatic was unfolding here nonetheless. In the avalanche of news about family separations and an upholding of President Trump’s revised Muslim ban, this blow to the administration’s immigration policy seemed to have gotten lost.


    One by one, Bass called up young respondents and their attorneys. Each immigrant — mostly young men — put on a headset to hear the interpreter, a middle-aged man, who spoke quietly into a microphone.



    The judge began each case by addressing the young men, all of whom are fighting to stay in the country.


    “Hi, Jose. How are you? How old are you? Jose, your next hearing is April 13, 2019. Do you understand?”


    Much of her conversation with attorneys was lost on me — she spoke in acronyms and legal shorthand — TVPRAs, I-360 status. One puzzling phrase kept coming up.


    “Do you plan to file a Pereira motion?” she asked each lawyer. “I’m not telling you what to do, I am just asking.”


    I followed an attorney into the hallway.


    “What’s a Pereira motion?” I asked Michael Moini, 34, who practices immigration law in Koreatown and was scheduled Tuesday to represent clients at four hearings.


    It’s a new U.S. Supreme Court decision, he told me, that may have the potential to upend thousands of deportation cases now snaking through American immigration courts.


    Last month, in Pereira vs. Sessions, the court ruled 8 to 1 that the government has been sending invalid “notices to appear” to immigrants facing deportation. The notices are defective, the court said, because they didn’t include a date, time or place.


    “It’s like if someone was suing you for a million dollars and you never got a copy of the lawsuit,” Moini said. “Only this is worse. It’s about deportation.”


    Attorneys are beginning to file Pereira motions, even though no one is quite sure how courts will interpret the Supreme Court ruling. Will it apply only to those who have been in the country long enough to ask that their deportations be suspended, or will there be larger implications?


    “We immigration lawyers may be able to use Pereira to achieve justice in some individual cases, and until its effects get clarified, I would expect it to come up in a large number of cases,” said Chuck Roth, director of litigation for the National Immigrant Justice Center, which filed a friend-of-the-court brief in the case. “But at this point, I wouldn’t want to suggest that the actual effects of the decision will be sweeping. That said, there certainly is a bit of ironic pleasure in the court finding that DHS’s method of service was unlawful for all these years.”


    A spokesman for the Justice Department said his office would have no comment on the case.


    Nora Phillips of Al Otro Lado, a nonprofit immigration law firm that represents noncitizens fighting to stay in the U.S., many of whom are seeking political asylum, said that last week in court, she tried to invoke Pereira to invalidate the previous deportation of a client who is in deportation proceedings again.


    “I’m going to argue that ICE reinstated an order that was flawed from the beginning,” she said. The deportation, she said, “is ‘fruit of the poisonous tree.’”


    The judge in the case did not accept the motion, Phillips said, but she is undaunted.


    “It’s not a stretch at all,” she said. “It’s a solid argument.”


    ::


    In 2000, Wescley Pereira arrived in the United States from Brazil on a six-month visa. He overstayed that visa, and for 16 years, he worked as a handyman on Martha’s Vineyard, becoming a valued member of the community. He has two children, both U.S. citizens.


    In 2006, he was arrested for driving under the influence, which brought him to the attention of immigration authorities who later served him with a “notice to appear” in immigration court that said the date, time and place were “to be set.”


    By the time the date, time and place were set, a year later, a notice was sent to him, and it was returned by the post office as “undeliverable.” Without his knowledge, a hearing took place and he was ordered to be removed in absentia.


    In March 2013, he was pulled over for driving without his headlights on and was turned over to the Department of Homeland Security for deportation.


    Because he had already lived in the U.S. for more than 10 years, was a responsible member of the community and had committed no serious crimes, he was eligible to apply to have his deportation rescinded.


    The government, however, argued that the clock on his illegal stay in the country had been stopped in 2006, the year he was served the original notice to appear. For legal purposes, the government claimed, he had been in the country only from 2000 to 2006, six years instead of the requisite 10.


    The U.S. Supreme Court didn’t come right out and call that argument preposterous, but it might as well have.


    “Common sense compels the conclusion that a notice that does not specify when and where to appear for a removal proceeding is not a ‘notice to appear’ that triggers the stop-time rule,” wrote Justice Sonia Sotomayor for the majority. “If the three words ‘notice to appear’ mean anything in this context, they must mean that, at a minimum, the Government has to provide noncitizens ‘notice’ of the information, i.e., the ‘time’ and ‘place,’ that would enable them ‘to appear’ at the removal hearing in the first place.”


    Without that critical information, she wrote, “the Government cannot reasonably expect the noncitizen to appear for his removal proceedings.”


    ::


    On Tuesday, in immigration court, I am sitting next to a boy from El Salvador. He has a head of unruly black curls, cut short around the sides, and the whisper of a dark mustache on his upper lip. Bass called him up and asked his age. He is 14. He crossed the border by himself two years ago, he tells me later.


    The judge says the hearing cannot continue if he does not have a family member with him. He leaves the room to call his mother, who is waiting for him in the car. She’s not coming, he tells his attorney. She has to come, the attorney replies.


    She’s afraid of getting deported, the boy says.


    She won’t be deported, the attorney says. She needs to get up here.


    The attorney says he will file a Pereira motion in this case.


    A few minutes later, the mom appears. She tells me she picks vegetables in the Inland Empire. Her son says he wants to be a Marine.


    It’s an altogether American immigrant story.


    And it’s possible that the Supreme Court has helped paved a way for this boy to serve the country he would like to call home.

    http://www.latimes.com/local/abcaria...713-story.html

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  2. #2
    Senior Member JohnDoe2's Avatar
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    Pereira v. Sessions


    Docket No. Op. Below Argument Opinion Vote Author Term
    17-459 1st Cir. Apr 23, 2018
    Tr.Aud.
    Jun 21, 2018 8-1 Sotomayor OT 2017


    Disclosure
    : Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief in support of the petitioner in this case.


    Holding
    : A putative notice sent to a nonpermanent resident to appear at a removal proceeding that fails to designate a specific time or place for that proceeding does not end the continuous residence period calculation necessary for possible cancellation of the individual’s removal.


    Judgment
    : Reversed and remanded, 8-1, in an opinion by Justice Sotomayor on June 21, 2018. Justice Kennedy filed a concurring opinion. Justice Alito filed a dissenting opinion.


    SCOTUSblog Coverage






    Date Proceedings and Orders
    Sep 27 2017 Petition for a writ of certiorari filed. (Response due October 30, 2017)
    Oct 25 2017 Order extending time to file response to petition to and including November 29, 2017.
    Oct 30 2017 Brief amicus curiae of American Immigration Lawyers Association filed.
    Nov 15 2017 Motion to extend the time to file a response from November 29, 2017 to December 12, 2017, submitted to The Clerk.
    Nov 16 2017 Order further extending time to file response to petition to and including December 12, 2017.
    Dec 12 2017 Brief of respondent Jefferson B. Sessions, III, Attorney General in opposition filed.
    Dec 13 2017 Waiver of the 14-day waiting period under Rule 15.5 filed by petitioner.
    Dec 19 2017 Reply of petitioner Wescley Fonseca Pereira filed.
    Dec 20 2017 DISTRIBUTED for Conference of 1/5/2018.
    Jan 08 2018 DISTRIBUTED for Conference of 1/12/2018.
    Jan 12 2018 Petition GRANTED.
    Jan 25 2018 As Rule 34.6 provides, "If the Court schedules briefing and oral argument in a case that was governed by Federal Rule of Civil Procedure 5.2(c) or Federal Rule of Criminal Procedure 49.1(c), the parties shall submit electronic versions of all prior and subsequent filings with this Court in the case, subject to [applicable] redaction rules." Subsequent party and amicus filings in the case should now be submitted through the Court's electronic filing system, with any necessary redactions.
    Feb 21 2018 Brief of petitioner Wescley Fonseca Pereira filed.
    Feb 21 2018 Joint appendix filed. (Statement of costs filed.)
    Feb 23 2018 SET FOR ARGUMENT on Monday, April 23, 2018.
    Feb 28 2018 Brief amicus curiae of National Immigrant Justice Center filed.
    Feb 28 2018 Brief amici curiae of American Immigration Lawyers Association, et al. filed.
    Feb 28 2018 Brief amicus curiae of Former BIA Chairman & Immigration Judge Schmidt filed.
    Mar 07 2018 CIRCULATED
    Mar 23 2018 Brief of respondent Jefferson B. Sessions, III, Attorney General filed. (Distributed)
    Mar 30 2018 Record requested from U.S.C.A. 1st Circuit.
    Apr 02 2018 Record received from the U.S.C.A. 1st Circuit is electronic and located on PACER.
    Apr 13 2018 Reply of petitioner Wescley Fonseca Pereira filed. (Distributed)
    Apr 23 2018 Argued. For petitioner: David J. Zimmer, Boston, Mass. For respondent: Frederick Liu, Assistant to the Solicitor General, Department of Justice, Washington, D. C.
    Jun 21 2018 Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Kennedy, Thomas, Ginsburg, Breyer, Kagan, and Gorsuch, JJ., joined. Kennedy, J., filed a concurring opinion. Alito, J., filed a dissenting opinion.

    http://www.scotusblog.com/case-files...ra-v-sessions/
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  3. #3
    Senior Member Judy's Avatar
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    It's completely absurd what's going on, incompetence at every level of the DOJ about every single thing related to immigration enforcement. It's 2 simple questions. And they can't even get that right. Deportation hearings have to be moved back to DHS where they belong. The sole purpose of a deportation "hearing" is just to double-check for any mistakes, to make sure the person is not a US citizen and does not have valid unexpired documents to be in the US, before the order is issued. That's it. Personally with all our computerization, we don't even need these stupid hearings any more. DHS does the checks, anyway, that's why they should be the ones to handle the deportation order.
    Beezer and jtdc like this.
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    Administrator ALIPAC's Avatar
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    Who is paying for all these expensive attornies for illegal aliens who claim to be fleeing poverty?
    Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)

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    Senior Member JohnDoe2's Avatar
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    Quote Originally Posted by ALIPAC View Post
    Who is paying for all these expensive attornies for illegal aliens who claim to be fleeing poverty?
    New Mission for Lawyers: Free Aid to Young Immigrants

    Original article from the Wall Street Journal
    By Miriam Jordan

    Attorneys Volunteer for Pro Bono Work Helping Central American Minors


    Lawyers are trained at Cooley LLP in San Francisco on representing minors who entered the U.S. illegally. Preston Gannaway for The Wall Street Journals

    In a departure from their usual clientele, attorneys at major U.S. law firms and corporations are volunteering to represent, at no cost, unaccompanied children who have entered the U.S. illegally.

    Since late July, when a wave of Central American minors surged at the border, lawyers who regularly bill hundreds of dollars an hour have been packing training sessions to learn immigration law and take on the children’s cases. Legal-aid organizations call it an unprecedented response by this group of attorneys.


    The effort leaves the firms open to criticism from conservative activists who say the minors should be returned to their home countries. But the attorneys say the children, who aren’t entitled to a public defender, have a right to due process.


    Rachel Ehrlich Albanese, a corporate-restructuring attorney at Akin Gump in Manhattan, said she was dismayed when she read that the government had created a “rocket docket” to expedite deportation of the children, many of whom fled violence and endured a dangerous journey to the U.S. “I have a heart and I have two kids,” she said.

    https://www.lccr.com/newsroom/new-mi...ng-immigrants/

    Last edited by JohnDoe2; 07-13-2018 at 12:37 PM.
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    Senior Member Judy's Avatar
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    It's completely disgusting. It's money laundering. Where is the DOJ??!! Oh wait, this is because of the DOJ.

    GRRRRR!!!!
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    Senior Member JohnDoe2's Avatar
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    List of Pro Bono Legal Service Providers | EOIR | Department of Justice
    https://www.justice.gov/eoir/list-pro-bono-legal-service-providers

    The List of Pro Bono Legal Service Providers or the “List” (formerly known as the “List of Free Legal Services Providers”) is provided to individuals in immigration proceedings.

    The List contains information on non-profit organizations and attorneys who have committed to providing at least 50 hours per year of pro bono legal services before the immigration court location where they appear on the List.

    The List also contains information on pro bono referral services that refer individuals in immigration court proceedings to pro bono counsel. For a copy of the full List of Pro Bono Legal Service Providers, please click here.


    The Executive Office for Immigration Review (EOIR), Office of the Director, Office of Legal Access Programs (OLAP) administers the List. The List is published quarterly (January, April, July, and October). The List is central to EOIR’s efforts to improve the amount and quality of representation before its adjudicators, and it is an essential tool to inform individuals in proceedings before EOIR of available pro bono legal services. The rules for qualifying organizations, pro bono referral services, and attorneys to be placed on the List can be found in the Code of Federal Regulations, 8 C.F.R. § 1003.61 et seq. (80 Fed. Reg. 59503). . . .

    https://www.lccr.com/newsroom/new-mi...ng-immigrants/

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  8. #8
    Senior Member JohnDoe2's Avatar
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    New York creates legal defense fund for undocumented immigrants ...
    https://money.cnn.com/2017/04/13/news/.../new-york-immigrant-legal.../index.html
    Apr 13, 2017 - Undocumented immigrants in New York who can't afford a lawyer and are facing deportation will soon have access to free legal counsel. . .
    NO AMNESTY

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  9. #9
    Senior Member Judy's Avatar
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    Taxpayer money. Of course!!
    A Nation Without Borders Is Not A Nation - Ronald Reagan
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    “Common sense compels the conclusion that a notice that does not specify when and where to appear for a removal proceeding is not a ‘notice to appear’ that triggers the stop-time rule,” wrote Justice Sonia Sotomayor for the majority. “If the three words ‘notice to appear’ mean anything in this context, they must mean that, at a minimum, the Government has to provide noncitizens ‘notice’ of the information, i.e., the ‘time’ and ‘place,’ that would enable them ‘to appear’ at the removal hearing in the first place.”
    I agree. The notice should have a "by" date, say within one year, and the issuing court
    , subject to change. Or maybe better, like probation, a contact person that must be checked in with once a month where such notices could be communicated to the alien.

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