Our eyes will be on the Supreme Court today to see if the Supreme Court will issue its decision in U.S. v. Texas, the DAPA/ DACA injunction case. With the Court recessing in less than two weeks, an answer to the question of the legality of DAPA and expanded DACA is forthcoming soon. The Court still has to issue decisions in 13 cases before the end of the term.
Our client of the month for June 2016 is Julia Marquez. Ms. Marquez fled her native Venezuela with her son after suffering systematic and targeted attacks by the Venezuelan government and the government-backed paramilitary groups. Ms. Marquez was targeted in Venezuela because, as a journalist and political activist, she dared to expose the corrupt and discriminatory practices of the Chavez regime and was dedicated to bringing democracy back to Venezuela.
“Ok, I’d be willing to stipulate to humanitarian asylum.” We were approximately 30 minutes into the recess the Immigration Judge took, during which we were supposed to negotiate a favorable solution for our client, when DHS said the words we had been waiting to hear since we first met our client in October. We both thought, “Oh my gosh, really???” but when Professor Michelle Mendez leaned over and whispered to our client in Spanish that she was going to get asylum, we knew this was really happening—our client was going to be safe.
The death of Supreme Court Justice Antonin Scalia has created turmoil in Washington DC and on the Presidential campaign trail. Republicans are uniformly calling on the President to refrain from nominating anyone to fill the vacancy due to the upcoming Presidential election. Within hours of the news of the Justice’s death, Senator Mitch McConnell, the Senate Majority Leader and the man who controls the Senate’s agenda, stated that the “vacancy should not be filled until we have a new President.” The President has stated that he intends to nominate someone to fill the vacancy, setting up a battle with Senate Republicans over whether the nominee will ever get a hearing or approved by the Senate.
Our Client of the Month for January 2016 is Monique Kagayigayi. A survivor of the Rwandan genocide whose asylum claim was granted in 2004, Monique just received her green card after more than 10 years of waiting. This is the story of a remarkable woman and the legal efforts that were required to secure her status in the United States. On April 6, 1994, Rwanda’s then-president’s plane was shot down, sparking more than three months of terror and killing throughout Rwanda that today seems unthinkable.
Let’s start here: Donald Trump is an abomination. From his slander of Mexicans as rapists to the violence he incites and tolerates at his rallies to his latest outrages of suggesting a database and a ban on admission of Muslims to the United States, there is no public figure more odious or contemptible than Donald Trump. And he is a danger. He incites people to violence, encourages hate and discrimination, and generally contributes to the dumbing down of our culture.
Sometimes our work is in fixing the errors of previous attorneys. That is what happened to Rudi and Alba Reyes, who walked into our offices with removal orders entered by an immigration judge in Baltimore, MD. The immigration judge ordered them removed after their lawyer failed to file an application for a waiver of inadmissibility with the court as requested by the court. The removal order potentially meant that this couple who have lived in the U.S.
What just happened in the 5th Circuit? The U.S. Court of Appeals formally upheld Judge Hanen’s injunction prohibiting the administration for implementing DAPA & DACA. The injunction prohibited the administration from implementing DAPA and expanded DACA until the litigation brought by Texas and twenty six other states was resolved. Injunctions are sought to preserve the status quo while the legality or proposed actions is resolved. Judge Hanen ruled that Texas presented evidence of the possible injury if DAPA or DACA went forward and that Texas was likely to succeed in challenging DAPA and expanded DACA.
In Avendano-Hernandez v. Lynch, the U.S. Court of Appeals for the 9th Circuit ruled today that the Board of Immigration Appeals (BIA) made an error of law in denying protection under the Convention Against Torture (CAT) to a transgender woman from Mexico who had been sexually assaulted and raped by members of the Mexican police and military. Apparently, an immigration judge and the BIA got it so wrong that it took an appeal to the Court of Appeals (a step below the Supreme Court) to reach the right decision.
For September 2015, we are proud to present Aura Carrera of Heber City, Utah as our client of the month. Her green card arrived last month and she is heading home to Guatemala for the first time in over twenty years, a resident returning to visit family after nearly a quarter century. Aura’s case was a fight from the beginning. When she came to Ava Benach, Aura had a removal order from an immigration judge in Salt Lake City, Utah and a determination for the U.S.