Thread by @NicoletteGlazer

Ah-ha! I see AG Barr dropped 2 decisions just before he called it a day to screw up further ability of immigrants to legalize status,! F**er.
* 2 DUIs are now "presumptively" = to lack of good moral character under
§101(f)
* most post-convic orders not useful for immigr purposes

Matter of Castillo-Perez is here justice.gov/eoir/page/file…

Matter of Thomas-Thompson is here
justice.gov/eoir/page/file…

***
Take my advice, don't read them. Go enjoy the evening before you dig in this sh*t.

If you do not have the stomach to read them, I will dish the bad news is 280-character bits just because ... I DID read them. [now is the time to turn off twitter or you need some pepto ...] Here we go!

1/ In Castillo-Perez Barr attempted to cut 42B out of the equation by creating a 'reputable presumption' & by "clarifying how an alien’s DUI convictions affect his eligibility for cancellation of removal." Thus, the msg to IJs is use crim record to pretermit applications.

2/ But he did not stop there. "Even setting good moral character aside, an alien with multiple DUI convictions would likely be denied cancellation of removal as a purely discretionary matter."

3/ Although it makes clear that 2 DUIs dont establish an "irrebutable presumption", Dec makes clear that Resp cannot overcome presumption by showing rehabilitation alone during the 10 yrs period. Thus, 10+ old DUIs may be ok, but w any during the 10 ys prior to appl. Ur screwed

4/ Barr in conclusion: "But as noted above, rehabilitative efforts, standing alone, do not overcome the presumption that an alien with multiple DUI convictions is ineligible for cancellation of removal."

5/ Practical bottom line: long time residents who are placed in removal proceedings will not even have a chance to apply for relief if they have 2 or more DUIs in the 10 years preceding the master calendar on which the IJ asks "what relief is Resp. applying for?"

6/ Expect OPLA attorneys to come armed w standard motion to pretermit 42B eligibility on the first master, thus placing the burden on the non-citizen to rebut the presumption in order to even apply for 42B. Meaning of course that ppl will not be able to receive C10 work permits.

7/ Which of course is what Stephen Miller & cie is after. They want to prevent ppl from obtaining work permits to force self-deportation. Evil bast*rds.

8/ Ready for some extra heartburn! Barr got'ya covered with Matter of Thomas/Thompson.

9/ With this beaute, Barr restored Matter of Pickering as the ONE & ONLY standard 4 any state post-conviction relief. So, if it is not a change based on procedural or substantive defect in the underlying crim proceedings it ain't recognized for immigration purposes to eliminate..

10/ ... the conviction for immigration purposes no matter if the state order calls it vacate/change/modify or what eva'. Specifically reduction of sentences are no longer entitled to automatic recognition, Matter of Song is gone.