1) Govt fails to notify client of deportation order 2) Client learns of order 20 yrs later 3) Client discloses order in residency app & sworn statements confirming no prior knowledge 4) USCIS denies residency for "lying" re: deportation order she disclosed
this is an extremely abbreviated procedural history of a somewhat tortured case, but I promise you that really is the whole thing
there was no point at which she was aware of the order in which she even had an *opportunity* to lie and it would have made absolutely no sense to do that anyway. As I always tell my clients, any govt which can find a guy in Yemen w/a drone can figure out your immigration history
So you can see what I'm talking about here, here's the relevant part w/no personal info. There was no "contradiction" between the interview and the affidavit--she clearly stated that she didn't know of the order until 2018--& the rest is just as absurd under the circumstances
Shorter USCIS:
"You didn't disclose this thing you clearly told us you didn't know about for the past 20 years at any time during the past 20 years, and also why did you say you now knew about this thing in your interview while also saying you didn't know about it before"
just obsessively reading this again and the past perfect "had been aware" is doing way too much work here
Since a lot of my colleagues are reading this, I should add that USCIS requested an I-601, but that in the absence of a QR we simply argued that she didn't need one. Bc she didn't.
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TODAY IN "WHAT PART OF 'LEGAL IMMIGRATION' DON'T YOU UNDERSTAND?"
More than 1 million ppl in the US with #TPS are now in a status so unclear that I have to provide lengthy letters simply to explain that it doesn't actually expire next month. USCIS is letting confusion reign here
And here in its entirety is everything that USCIS has provided to the public to "explain" the current status of #TPS for El Salvador, Haiti, and certain other countries. This is literally all that's keeping them from losing jobs, licenses, unemployment, etc during a pandemic.
Imagine walking into HR, the DMV, or the unemployment office with a card which expires next month & the page below to try to explain that you are actually in lawful immigration status well past Jan. You'd be very fortunate to find anyone who'd read past the first few sentences
The army of broken Trump toys is pushing this fashy nonsense pretty hard rn, but the rest of them are more than happy to let this all play out and see where it goes
watching competent adults confront the untrammeled lunacy of Trumpworld is almost as good as the Thanksgiving leftovers I'm enjoying while reading today's 3rd Circuit smackdown
"godspeed & good luck with that cert petition, kids"
tens of millions of Americans may spend the rest of their lives believing that Trump was cheated out of a second term simply bc Trump's legal team has been publicly saying that everywhere--well, everywhere but in any actual court, anyway
I chose an extremely unprofitable field of law in which I knew that I might not be able to fully repay my student loans for decades (if at all). I now drive a $900 car, got lucky on a great mortgage, buy 1 pair of shoes/yr... and am still only paying down interest on my loans.
AFAIK I don't have many lawyers who make more than $100K in my immediate circles, & frankly those who do typically aren't working with the ppl who most need counsel. Canceling a chunk of our debt would be one of the best things this country could do for free/low-cost legal aid
all I'm really trying to say here is that I am happy to provide @michaelbd with fifteen years of my student loan statements on the entirely reasonable condition that he agrees to shove every one of them all the way up his ass
SOTOMAYOR: may I interest you in another copy of the opinion I already wrote on this 2 yrs ago
GORSUCH: what she said
KAGAN: can I maybe draw you a diagram, or
BREYER: how about following the law as written, have you tried that
KAVANAUGH: ¯\_(ツ)_/¯
Kavanugh's position in non-legal terms:
It's totally fine for a restaurant to give you 1/2 your bill at the table and send the other 1/2 along to your last known address at some point in the indeterminate future while also taking you to small claims court for the whole amount
Vital reading from @DLind on Biden's most immediate immigration quandary. IMO ending #MPP & associated policies is already what Gitmo was for Obama: an easy promise to do the right thing @ enormous political cost w/no real political benefit
Restoring and fully supporting #asylum at the southern border for the victims of our empire *is* the right thing, and we should accept nothing less. We just need to be real, as @DLind is here, re: just how politically and practically fraught this is. It's a whole lot of fraught.
To be absolutely clear, this is me committing to doing whatever I can to hold him to it and encouraging you to do the same. The war on asylum via #MPP/#safethirdcountry agmts is literally murderous, as bad as Trump policy got. It all has to go on Day 1--no delays, no excuses.