EOIR is terrible: a thread. An IJ found that (1) the resetting of a hearing with a 21 day notice making it IMPOSSIBLE to comply with 15 day standing order requirements and prepare a case under completely new COVID-19 rules with new filing requirements,
(2) my explanation that I cannot prepare a case in 2 business days EVER to meet the 15 day filing deadline (also argued a due process violation), but particularly in this moment because of my daily involvement in my father's ongoing medical care for his recent paralyzation,
and (3) the current pandemic and the risks of exposure in court (including lack of info about the safety precautions EOIR is taking and whether they comply with CDC guidelines), all collectively to not be "good cause shown" for a continuance.
He only continued my hearing once I disclosed that I had been exposed to someone who tested positive for COVID-19 (which I just found out yesterday) and that I couldn't get an appointment for testing until this Friday/am self-quarantining until my test results come back.
Meanwhile they take efforts to limit THEIR exposure and ICE takes efforts to limit THEIR exposure while forcing attorneys and immigrants into dangerous situations.

This agency is disgusting and their treatment of attorneys and immigrants is disgusting.
.@DOJ_EOIR has NO safety plan for imm courts they are reopening, even as COVID #s rise. They have basic guidance that says they can't put into place one-size fits all safety measures but no req't for indiv. courts to create measures/state how they are complying w/ CDC guidance.
EOIR isn't releasing any specific precautions they are taking, what is being cleaned/how often/with what, how are they dealing with shared microphones, tables, chairs, etc, how are they limiting people in elevators and security lines/maintaining social distancing...
They're just like: see this general thing from EOIR saying we are taking precautions...just trust us. No. I don't f*cking trust them. And I'm not betting my life or the lives of my clients on EOIR following the rules.
End of rant. For now.

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More from @cbrownimmlaw

21 Sep
Another DISGUSTING proposed rule from EOIR to completely f*ck over asylum seekers. WHEN WILL THIS BULLSHIT END? A THREAD:
Asylum applications are 12 page applications. It asks about years and years of background information, as well as info on the harm a person has experienced or fears. It uses legal terms of art non-lawyers cannot understand and must be completed in English.
The government is trying to require asylum seekers to file this document with 15 DAYS of their first preliminary hearing - a COMPLETE IMPOSSIBILITY for anyone not represented at their first master hearing. It also purports to add reqs to what a "complete application" looks like.
Read 7 tweets
9 Sep
The system is so unbelievably stacked against those seeking protection and this admin has done everything it can to completely undermine the truth in asylum hearings. The IJs love to point to US Govt reports as "best" authority on country conditions and they are being manipulated
"Notwithstanding the clarification provided by Mr. Murphy, he has a good faith belief that the testimony Secretary Nielsen subsequently provided on December 20, 2018, regarding KSTs constituted a knowing and deliberate submission of false material information."
On July 7, 2020, DHS Chief of Staff John Gountanis (“Mr. Gountanis”) sent an e-mail to Mr. Murphy directing him to cease any dissemination of an intelligence notification regarding Russian disinformation efforts until Mr. Murphy had spoken with Mr. Wolf.
Read 5 tweets
4 Sep
Good Morning to everyone except EOIR, who wouldn’t know what due process looked like if it beat them over the head.
“The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue:
Where the Migrant Protection Protocol (MPP) notice and advisal sheets are not signed nor otherwise acknowledged by the respondent on the record, and the record contains no specific attestation of any kind, from either party, that the respondents received 3/4
Read 4 tweets
31 Aug
The latest BS from the Dept of “Justice” today: The Board of Immigration Appeals has issued a decision in the Matter of R-C-R, 28 I&N Dec. 74 (BIA 2020). justice.gov/eoir/page/file…
Short version: unrepresented asylum seeker is detained and in a preliminary hearing by video is ordered to submit asylum application on a date prior to the next preliminary hearing, in English. When the app isn’t filed on time, IJ orders removal before next hrg.
This order gave no opp for explanation of why the app couldn’t be completed or for a request for an extension to complete it. There are many reasons people have trouble filling out these applications: some people can’t read or write, many don’t speak, read, or write in English.
Read 7 tweets
3 Jun
Excerpt from oral decision of an immigration judge sentencing someone to death in Mexico: Finally court acknowledges expert testimony that respondent is very vulnerable and likely to be persecuted and tortured if returned.
However, expert testified to multiple motivations of cartels and court finds cartels are motivated by money and power and thus any targeting of respondent is to further their criminal enterprise.
Counsel cited many instances of abuse and corruption in her closing arguments – there are 100s of pages of country conditions showing corruption and violence within the Mexican government. Expert testified that government participates in torture and turns a blind eye to cartel.
Read 4 tweets
2 Jun
I have to go into immigration court today. It's another location where state violence regularly occurs, only it's out of the public eye. It's where immigration judges sentence people to death...
...because of a political system hell bent on sending people seeking protection back into the hands of corrupt governments and transnational gangs KNOWING they will be tortured and murdered.
Someone posted yesterday on FB that their "white skin is fragile" and not used to violence by the police. My white skin is fragile. My white body and mind are fragile. I spent 4 days, not 4 centuries, getting tear gassed and shot at by police...not murdered...
Read 5 tweets

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