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29 Apr, 5 tweets, 1 min read
NEW: Ok! I’m mystified by the 9th Circuit’s new Appellate Case Management System (ACMS) for immigration petition for review. This will be mandatory for any PFR filed on or after 1 May 2021. What is the point?

here is the order: cdn.ca9.uscourts.gov/datastore/gene…
For pending PFR the filings are to continue through CM/ECF: no changes.

For post 5-1 PFR filing in ACMS is mandatory but only for (and available) for attorneys.
Any non-counseled PFR and all briefs and motions must be filed on paper and mailed. non-represented petitioner will not be able to file electronically.
Perhaps it is the 9th Circuit way on cracking down on ghost written/litigated appeals (which is a great) but the bottom line is that many non-represented individuals will end up missing the mandatory deadline and lose their chance for judicial review.
Also, it is not clear to me how this would affect non-profit org who rely heavily on BIA accredited representatives which appear to not be able to use the new ACMS.

Anyone has more on what Cir is trying to accomplish?

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More from @NicoletteGlazer

Nicolette Glazer Profile picture
30 Apr
Since DOS is trying to do everything in its power to destroy #DV2021, we will open round 2 of our "Problem Consulates" litigation to add additional plaintiffs to our Nepal v DOS pending case. If you are interested, fill the Eligibility Questionnaire: forms.office.com/Pages/Response…
Nepal v DOS is a lawsuit challenging DOS denial of meaningful participation in the #DV2021 at select over-burdened consulates [statutory claims] combined with equitable claims to preserve visa eligibility beyond 30 Sept.
You can join only if you have designated one of the following as your consulate for #DV2021 interview purposes:

*Tirana, Albania

*Almaty, Kazakhstan

*Ankara, Turkey

*Chisinau, Moldova

*Kathmandu, Nepal

*Moscow, Russia

*Kyiv, Ukraine

*Tashkent, Uzbekistan
Read 4 tweets
Nicolette Glazer Profile picture
30 Apr
BREAKING: The bad news #DV2021 Friday continues!
State Department has posted a new public-facing "explanation of prioritization of visa processing" and sure enough #DV2021 is in the last tier!

travel.state.gov/content/travel…
Here are the tiers:
Tier One: IR intercountry adoption visas, age-out cases (SQ and SI for Afghan/Iraq
Tier Two: Immediate relative; fiancé(e); returning resident visas
Tier Three: Family preference immigrant visas
Tier Four: All other including employment & diversity visas
Plan instructs posts to schedule and adjudicate **some cases** in Tier Three and Tier Four each month. However, as a result of COVID # of visas issued in lower-priority preference categ and the diversity visa "likely will not approach the statutory ceiling in Fiscal Year 2021."
Read 9 tweets
Nicolette Glazer Profile picture
29 Apr
BREAKING: Niz-Chavez is out! “A notice to appear sufficient to trigger the IIRIRA’s stop-time rule is a single document containing all the information about an individ- ual’s removal hearing specified in §1229(a)(1).“
Boom.dot.com!

Happy filing, #immigrationtwitter!
This opening by J Gursuch ...💯!
Niz-Chavez link: supremecourt.gov/opinions/20pdf…
Read 4 tweets
Nicolette Glazer Profile picture
9 Mar
BREAKING: Ok #Noban tweeps, DOS has completed the review of the processes affected by the revocation of the #MuslimBan (PP9645 & 9983). Here is the half-a*s path forward
1/ If your immigrant visa (IV) was refused on or after 20 Jan '20 due #MuslimBan *YOU MAY* seek re-adjudication without resubmitting DS260 or paying any additional fees, provided the underlying visa petitions remain valid. You'll get priority adjudication. AWSOME news!
2/ If you IV was denied on account of #MuslimBan *before* 20 Jam '20 may you can request a reconsideration of the 212f refusal but you
-- must submit new application
and
-- pay a new application fee.

Absolutely unconscionable!
Read 9 tweets
Nicolette Glazer Profile picture
7 Mar
I have been delaying reading the #FOIA case from SCOTUS from 3-4. So nothing like spending your Sunday morning reading a decision you know is going to f*ck up a lot of your pending litigation & heck! Admin law practice as a whole, right? Well I did and shiiish a 🧵
Here is the link to the FWS v Sierra Club case supremecourt.gov/opinions/20pdf…
and yes! it is all about exemption 5 & specifically the deliberative process privilege. If you’ve done any immigration related FOIA, this is your “b5” stamped on blackouts on ~ 85% of the docs you received.
In her 1st dec ACB provides a map for agencies to hide their activities:
“It is not always self-evident whether a doc represents an agency’s final decision, but one thing is clear: A doc is not final solely because nothing else follows it. Sometimes a proposal dies on the vine”
Read 29 tweets
Nicolette Glazer Profile picture
7 Mar
The Senate passed the $1.9 trillion #AmericanRescuePlan but with very few provisions applicable to mixed-status families and undocumented non-citizens. Yes, the appalling Ted Cruz amendment was defeated but little headway appears to have been made to provide relief to the ...
... hundreds of thousands of undocumented essential workers who since day one of the pandemic have kept us fed and provided for. This is a shameful failure.

This bill is a monster but it seems like the "premium assistance credit" for ACA bene were limited yet again to
... non-citizens "lawfully present" even if not eligible for Medicaid under T XIX.

For purposes of $1400 checks, for mixed-status families only one SSN will be sufficient, leaving millions of undocumented individuals out.
Read 6 tweets

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